HomeMy WebLinkAboutFinally Adopt Ordinance No. 1769, Amending Title 18.pdf
Report compiled on December 15, 2009
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Planning Director
Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Second Reading of Ordinance 1769, UDO text amendments, Z-09151
MEETING DATE: Monday, December 28, 2009
RECOMMENDATION: Final adoption of Ordinance 1769 on second reading amending Title
18, Unified Development Ordinance, Bozeman Municipal Code.
BACKGROUND: The City prepares amendments to Title 18, Unified Development
Ordinance from time to time as needed. The 2009 Legislative session made several changes to
state subdivision and zoning law which need to be reflected in local ordinances. Changes have
also been initiated as follow-up actions from the recently adopted growth policy, clarifications
and revisions necessary to keep regulations consistent with evolving case law, revisions for
additional clarity and internal consistency, and for items directed by the City Commission.
The City Commission considered these amendments on November 23rd and December 14th. The
ordinance passed first reading on December 14th. The revised ordinance attached includes the
changes directed by the City Commission.
UNRESOLVED ISSUES: The City Attorney is investigating the feasibility of an alteration to
Chapter 18.52 which the Commission requested. This item will be reported separately by the
City Attorney.
FISCAL EFFECTS: No immediate or direct fiscal effects are expected from the edits.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to call or email Chris Saunders at csaunders@bozeman.net, 582-
2260, if you have questions prior to the meeting.
Respectfully submitted,
Andrew Epple, Planning Director
Chris Kukulski, City Manager
Attachments: Ordinance 1769 containing the text of proposed amendments
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ORDINANCE NO. 1769
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING TITLE 18 OF THE BOZEMAN MUNICIPAL CODE (THE
UNIFIED DEVELOPMENT ORDINANCE) REVISING DEVELOPMENT
PROCEDURES, AMENDING AND ESTABLISHING DEFINITIONS, ESTABLISHING
CATEGORIES OF USES, AND AMENDING DEVELOPMENT STANDARDS.
WHEREAS, the City of Bozeman has adopted a Unified Development Ordinance
which establishes common standards for both zoning and subdivision development; and
WHEREAS, the proposed Unified Development Ordinance text amendment
application has been properly submitted, and reviewed, and all necessary public notice was given
for all public hearings; and
WHEREAS, both the Bozeman Zoning Commission and Bozeman Planning Board
each held public hearings on October 20, 2009 and November 3, 2009 to receive and review all
written and oral testimony on the request for a Unified Development Ordinance text amendment;
and
WHEREAS, as shown in Zoning Commission Resolution Z-09151, the Bozeman
Zoning Commission recommended to the Bozeman City Commission that some of the Unified
Development Ordinance text amendments be approved; and
WHEREAS, as shown in Planning Board Resolution P-09151, the Bozeman Planning
Board recommended to the Bozeman City Commission that some of the Unified Development
Ordinance text amendments be approved; and
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WHEREAS, after proper notice, the City Commission held a public hearing on
November 23, 2009, to receive and review all written and oral testimony on the request for a text
amendment to the Unified Development Ordinance; and
WHEREAS, the City Commission continued the public hearing to December 7 and
14, 2009, to allow adequate time for review and discussion of all written and oral testimony and
the proposed amendment language for a text amendment to Title 18, Unified Development
Ordinance, BMC; and
WHEREAS, the City Commission has reviewed and considered the relevant Unified
Development Ordinance text amendment criteria established in Section 76-2-304, M.C.A., and
found the proposed Unified Development Ordinance text amendment to be in compliance with
the purposes of the title as locally adopted in Section 18.02.040, BMC; and
WHEREAS, the City Commission has reviewed and considered the purposes of
subdivision regulations established in Sections 76-3-102 and 76-3-501 M.C.A. and locally
incorporated in Section 18.02.040, Unified Development Ordinance, and found the proposed
Unified Development Ordinance text amendment to be in compliance with the purposes of
Section 18.02.040, BMC; and
WHEREAS, at its public hearing, the City Commission found that the proposed
Unified Development Ordinance text amendment would with changes identified by the City
Commission be in compliance with Bozeman’s adopted growth policy and applicable statutes
and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, upon a vote of ____ to ____, that:
Section 1
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Chapter 18.02 of the Unified Development Ordinance be amended as follows:
See Exhibit A
Section 2
Chapter 18.06 of the Unified Development Ordinance be amended as follows:
See Exhibit B
Section 3
Chapter 18.10 of the Unified Development Ordinance be amended as follows:
See Exhibit C
Section 4
Chapter 18.14 of the Unified Development Ordinance be amended as follows:
See Exhibit D
Section 5
Chapter 18.16 of the Unified Development Ordinance be amended as follows:
See Exhibit E
Section 6
Chapter 18.30 of the Unified Development Ordinance be amended as follows:
See Exhibit F
Section 7
Chapter 18.42 of the Unified Development Ordinance be amended as follows:
See Exhibit G
Section 8
Chapter 18.46 of the Unified Development Ordinance be amended as follows:
See Exhibit H
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Section 9
Chapter 18.50 of the Unified Development Ordinance be amended as follows:
See Exhibit I
Section 10
Chapter 18.52 of the Unified Development Ordinance be amended as follows:
See Exhibit J
Section 11
Section 18.58.130 of the Unified Development Ordinance be amended as follows:
18.58.130 ADMINISTRATION OF REGULATIONS
A. As provided in §18.58.060, BMC, the City Floodplain Administrator has been designated by
the City Commission, and has the responsibility of such position as outlined in this chapter.
B. Section 18.42.100, BMC has established a public policy to avoid development within
floodplains, along with certain exceptions. The administration of these regulations shall be
done in a fashion consistent with both the letter and spirit of that section.
C. The City Floodplain Administrator is appointed with the authority to review floodplain
development permit applications, proposed uses and construction to determine compliance
with these regulations. The City Floodplain Administrator is required to assure all necessary
permits have been received from those governmental agencies from which approval is
required by federal and state law and local codes, including Section 404 of the Federal Water
Pollution Control Act of 1972, 33 USC 1334, and under the provisions of the Natural
Streambed and Land Preservation Act.
1. Additional Factors. Floodplain development permits shall be granted or denied by
the City Floodplain Administrator on the basis of whether the proposed
establishment, alteration or substantial improvement of an artificial obstruction
meets the requirements of this chapter and other requirements of this title.
Additional factors that shall be considered for every permit application are:
a. The danger to life and property due to increased flood heights, increased
flood water velocities or alterations in the pattern of flood flow caused by
encroachments;
b. The danger that materials may be swept onto other lands or downstream to
the injury of others;
c. The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination and unsanitary conditions;
d. The susceptibility of the proposed facility and its contents to flood damage
and the effects of such damage on the individual owner;
e. The importance of the services provided by the facility to the community;
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f. The requirement of the facility for a waterfront location;
g. The availability of alternative locations not subject to flooding for the
proposed use;
h. The compatibility of the proposed use with existing development and
anticipated development in the foreseeable future;
i. The relationship of the proposed use to the growth policy and floodplain
management program for the area;
j. The safety of access to property in times of flooding or for ordinary and
emergency services; and
k. Such other factors as are in harmony with the purposes of this title, these
regulations, the Montana Floodplain and Floodway Management Act and the
National Flood Insurance Program.
D. A floodplain development permit application shall be reviewed and acted upon within 180
working days after the date of receipt of the complete application by the City Floodplain
Administrator. If additional information pertinent to the permit review process is required
the time for review shall stop and restart with submittal of the additional information. A
floodplain permit shall not act as a waiver or variance from the other requirements of this
title.
E. The City Floodplain Administrator shall adopt such administrative procedures as may be
necessary to efficiently administer the provision of these regulations.
F. The City Floodplain Administrator shall maintain such files and records as may be necessary
to document nonconforming uses, base flood elevations, floodproofing and elevation
certifications, fee receipts, the issuance of permits, agenda, minutes, records of public
meetings, and any other matters related to floodplain management in the City of Bozeman.
Such files and records shall be open for public inspection. In matters of litigation, the City
Attorney may restrict access to specific records.
G. The City Floodplain Administrator may require whatever additional information is necessary
to determine whether the proposed activity meets the requirements of these regulations.
Additional information may include hydraulic calculations assessing the impact on base flood
elevations or velocities, level survey or certification by a registered land surveyor,
professional engineer or licensed architect that the requirements of these regulations are
satisfied.
H. Upon receipt of an application for a permit or a variance, the City Floodplain Administrator
shall prepare a notice according to the requirements of Chapter 18.76, BMC.
I. Copies of all permits granted must be sent to the Montana Department of Natural
Resources and Conservation in Helena, Montana.
1. In riverine situations, notifications by the City Floodplain Administrator must be
made to adjacent communities, the Floodplain Management Section (DNRC) and
FEMA prior to any alteration or relocation of a stream. The flood-carrying capacity
within the altered or relocated portion of any stream must be maintained. Erosion
control measures shall be incorporated to ensure stability of altered channels and
stream banks.
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Section 12
Section 18.58.260.C of the Unified Development Ordinance be amended as follows:
C. The new construction, alterations and substantial improvements of residential structures
including manufactured homes must be constructed so that the lowest floor elevation
(including basement) is 2 feet or more above the base flood elevation. Any approved fill shall
be at an elevation no lower than the base flood elevation and shall extend for at least 15 feet,
at that elevation, beyond the structure(s) in all directions;
Section 13
Chapter 18.62 of the Unified Development Ordinance be amended as follows:
See Exhibit K
Section 14
Chapter 18.66 of the Unified Development Ordinance be amended as follows:
See Exhibit L
Section 15
Chapter 18.68 of the Unified Development Ordinance be amended as follows:
See Exhibit M
Section 16
Chapter 18.70 of the Unified Development Ordinance be amended as follows:
See Exhibit N
Section 17
Chapter 18.74 of the Unified Development Ordinance be amended as follows:
See Exhibit O
Section 18
Section 18.78.080 of the Unified Development Ordinance be amended as follows:
18.78.080 Site Plan Submittal Requirements
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Applications for all site plan approvals shall be submitted to the Planning Department on forms
provided by the Planning Director. The site plan application shall be accompanied by the
appropriate fee and development plans showing sufficient information for the approval authority
to determine whether the proposed development will meet the development requirements of the
City.
A. General Information.
1. Complete, signed application including the following:
a. Name of project/development;
b. Location 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;
e. Listing of specific land uses being proposed; and
f. A statement signed by the owner of the proposed development of their
intent to comply with the requirements of the Bozeman Municipal Code and any
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 property 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 heavy 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 line of property 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;
b. Estimated total floor area and estimated ratio of floor area to lot size (floor
area ratio, FAR), with a breakdown 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-way;
6. Total number, type and density per type of dwelling units, and total net and gross
residential density and density per residential parcel;
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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 boundary,
exclusive of public rights-of-way, unless otherwise stated:
a. Topographic contours at a minimum interval of 2 feet, or as determined by
the Planning Director;
b. Adjacent streets and street rights-of-way 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. Utilities and utility rights-of-way or easements:
(1) Electric;
(2) Natural gas;
(3) Telephone, cable TV, and similar utilities;
(4) Water; and
(5) Sewer (sanitary, 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-year 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 quality improvement facilities as required by the Engineering Department, or
in compliance with any adopted storm drainage ordinance or best management practices
manual adopted by the City;
(1) All drainageways, streets, arroyos, dry gullies, diversion ditches,
spillways, reservoirs, etc. which may be incorporated into the storm drainage
system for the property shall be designated:
(a) The name of the drainageway (where appropriate);
(b) The downstream conditions (developed, available drainageways,
etc.); and
(c) Any downstream restrictions;
j. Significant rock outcroppings, slopes of greater than 15 percent or other
significant topographic features;
k. Sidewalks, walkways, driveways, loading areas and docks, bikeways,
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 City of Bozeman
Design Standards and Specifications Policy, and the City of Bozeman
Modifications to Montana Public Works Standard Specifications;
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l. 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 ADA compliance;
m. Fences and walls, including typical details;
n. Exterior signs;
o. Exterior refuse collection areas, including typical details;
p. A 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 §18.78.060.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 §18.78.100, BMC);
s. Unique natural features, significant wildlife areas and vegetative cover,
including existing 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 County’s
Bozeman Area Zoning Jurisdiction, within or near the development;
v. Existing 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
x. 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 §18.78.060 L., BMC, subject to the following
exceptions:
a. Such information was previously provided through a subdivision review
process; or
b. The provision of such information was waived in writing by the City
Engineer during subdivision review of the land to be developed; or
c. The provision of such information is waived in writing by the City
Engineer prior to submittal of a preliminary site plan application; or
d. The application for site plan approval involves the redevelopment of
property located within the City’s established Neighborhood Conservation
Overlay District. In such cases, the City may require the property owner to sign 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 vicinity of the development proposal; or
e. The 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 property located within one of the City’s Urban Renewal Districts. In cases
where an existing building or complex of buildings is to be torn down and
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replaced with a larger building or complex of buildings, the City Engineer may
require the information described in Section 18.78.060 L. 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 the 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 be located in a floodway
or floodplain area;
c. Floor plans depicting location and dimensions of all proposed uses and
activities; and
d. All onsite utilities and mechanical equipment;
11. Description and mapping of soils existing on the site, accompanied by analysis as
to the suitability of such soils for the intended construction and proposed landscaping;
12. Temporary facilities plan showing the location of all temporary model homes,
sales offices and/or construction facilities, including temporary signs and parking
facilities;
13. Unless already provided through a previous subdivision review, a noxious weed
control plan complying with §18.78.050, BMC; and
14. Drafts of applicable supplementary documents as set forth in Chapter 18.72 of
this 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
previously 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 §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 previously 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.
17. Phased site plans:
a. A phasing plan showing the location of phase boundaries and that each
phase will be fully functional if subsequent phases are not completed.
b. A utilities plan showing that each phase will be able to be fully functional
if subsequent phases are not completed.
c. A revegetation and grading plan showing how disturbed areas will be
revegetated to control weeds and site grading and drainage control will be
maintained as phased construction proceeds.
d. If the applicant intends for multiple phases to be under construction
simultaneously, evidence of financial commitment from the project lender for the
completion of all phases to be undertaken at once. Evidence of financial
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commitment may be provided at the time the building permits for the multiple
phases are sought.
Section 19
Section 18.80.1655 of the Unified Development Ordinance to read as follows:
18.80.1655 LOT COVERAGE
The ratio of horizontal area, measured from the exterior surface of the exterior walls of the
ground floor, of all principal and accessory buildings on a lot to the total lot area. For the
purposes of calculating lot coverage those portions of a structure which do not have exterior
walls are not included, even if it is covered by a roof.
Section 20
Section 18.80.3165 of the Unified Development Ordinance to read as follows:
18.80.3165 WAY FINDING SIGNAGE
A set of coordinated signs which are intended to give directional guidance to and within a
defined district and to assist pedestrians or vehicles in finding areas of common interest or
convenience.
Section 21
Severability.
If any provision of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect the other provisions of this growth
policy which may be given effect without the invalid provision or application and, to this end, the
provisions of this growth policy are declared to be severable.
Section 22
Savings Provision.
This ordinance does not affect the rights of duties that matured, penalties and assessments
that were incurred or proceedings that began before the effective date of this resolution.
Section 23
The effective date of this ordinance is January 30, 2010.
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PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a
regular session thereof held on the 14th day of December 2009.
______________________________
KAAREN JACOBSON
MAYOR
ATTEST:
________________________________
STACY ULMEN, CMC
CITY CLERK
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading, at a regular session thereof held on the 28th day of
December, 2009.
______________________________
KAAREN JACOBSON
MAYOR
ATTEST:
_______________________________
STACY ULMEN, CMC
CITY CLERK
APPROVED AS TO FORM:
______________________________
GREG SULLIVAN
CITY ATTORNEY
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Exhibit A
Ordinance # 1769 page 02-1
CHAPTER 18.02
GENERAL PROVISIONS
18.02.010 CITATION
This title shall be known and cited as the Unified Development Ordinance of the City of Bozeman,
except when cited herein, where it shall be referred to as “this title.”
18.02.020 AUTHORITY
This title is adopted by authority of §76-2-301 et seq., §76-3-101 et seq. and §7-3-701 et seq., MCA.
Additional City authority is granted by various other sections of state law and the authority granted by
those sections is incorporated as if set forth herein.
18.02.030 JURISDICTIONAL AREA AND APPLICATION
These regulations govern the division, development and use of land within the limits of the City of
Bozeman and lands proposed for annexation to the City of Bozeman. These regulations shall apply to all
private and public lands, all uses thereon, and all structures and buildings over which the City has
jurisdiction under the constitution and laws of the State of Montana or pursuant to the City’s powers.
18.02.040 INTENT AND PURPOSE OF ORDINANCE
A. The intent of this unified development ordinance is to protect the public health, safety and
general welfare; to recognize and balance the various rights and responsibilities relating to land
ownership, use, and development identified in the United States and State of Montana
constitutions, and statutory and common law; to implement the City’s adopted growth policy;
and to meet the requirements of state law.
B. It is the purpose of these regulations to promote the public health, safety and general welfare by:
preventing the creation of private or public nuisances caused by non-compliance with the
standards and procedures of this title; regulating the subdivision, development and use of land;
preventing the overcrowding of land; lessening congestion in the streets and highways; providing
adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress,
and other public improvements; requiring development in harmony with the natural
environment; promoting preservation of open space; promoting development approaches that
minimize costs to local citizens and that promote the effective and efficient provision of public
services; protecting the rights of property owners; requiring uniform monumentation of land
subdivisions and transferring interests in real property by reference to a plat or certificate of
survey (Section 76-3-102 MCA).
C. It is further the purpose of these regulations to: be in accord with the growth policy; securing
safety from fire, panic, and other dangers; promoting public health, public safety, and the general
welfare; facilitating the adequate provision of transportation, water, sewerage, schools, parks, and
other public requirements; having given consideration to ensuring the reasonable provision of
adequate light and air, motorized and non-motorized transportation systems, promoting of
compatible urban growth, considering the character of the district and its peculiar suitability for
particular uses, conserving the value of buildings, and encouraging the most appropriate use of
land throughout the jurisdictional area (Section 76-2-304 MCA).
D. Further, to support the purposes of §76-2-304 and §76-3-102, MCA, these regulations are
intended to promote and to provide for the:
1. Orderly development of the City;
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Exhibit A
Ordinance # 1769 page 02-2
2. Coordination of streets within subdivided land with other streets and roads, both
existing and planned;
3. Dedication of land for streets and roadways and for public utility easements;
4. Improvement of streets;
5. Adequate open spaces for travel, light, air and recreation;
6. Adequate transportation, water, drainage and sanitary facilities;
7. Minimization of unnecessary congestion;
8. Avoidance of unnecessary environmental degradation;
9. Encouragement of subdivision development in harmony with the natural environment;
10. Avoidance of danger or injury to health, safety or general welfare by reason of natural
hazard or the lack of water, sewer, drainage, access, transportation or other public
services;
11. Avoidance of excessive expenditure of public funds for the provision of public services;
12. Manner and form of making and filing of plats for subdivided lands;
13. Administration of these regulations, by defining the powers and the duties of approving
authorities, including procedures for the review and approval of all subdivision plats;
14. Division of the City into districts with uniformly applicable standards for development
within each district;
15. To establish standards for the development and use of land;
16. To establish procedures for the review and approval for the development and use of
land; and
17. The establishment of all other requirements necessary to meet the purposes of this title.
E. Pursuant to §76-2-304, §76-1-605 and §76-1-606, MCA, these regulations are also intended to
implement the goals and objectives of Bozeman’s adopted growth policy . In the case of a
difference of meaning or implication between this title and the City’s adopted growth policy, the
growth policy shall control.
18.02.050 INTERPRETATION AS MINIMUM REQUIREMENTS
A. In their interpretation and application, the provisions of this title shall be held to be minimum
requirements adopted for the promotion of the health, safety and general welfare of the
community. In some instances the public interest will be best served when such minimums are
exceeded. Wherever the requirements of this title are at variance with the requirements of any
other lawfully adopted rules or regulations, or wherever there is an internal conflict within this
title, the most restrictive requirements, or that imposing the higher standards, shall govern.
B. In the case of a difference of meaning or implication between the text of this title and the
captions or headings for each section, the text shall control.
C. When interpreting the meaning of this title, subsections of the ordinance shall be construed in a
manner that will give effect to them all as the ordinance derives its meaning from the entire body
of text taken together.
D. These regulations shall apply uniformly within each zoning district to each class or kind of
structure, land or development as set forth in this title.
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Exhibit A
Ordinance # 1769 page 02-3
18.02.060 DONATIONS OR GRANTS TO PUBLIC CONSIDERED A GRANT TO DONEE
Every donation or grant to the public or to any person, society or corporation marked or noted on a plat
or plan is to be considered a grant to the donee.
18.02.070 CONDITIONS OF APPROVAL
A. Regulation of the subdivision and development of land, and the attachment of reasonable
conditions to land subdivided or developed, or a use undertaken, is an exercise of valid police
power delegated by the State of Montana to the City. Persons undertaking the subdivision,
development or use of land have the duty of complying with reasonable conditions for design,
dedication, improvement and restrictive use of the land so as to conform to the physical and
economic development of the City, and to the safety and general welfare of the future lot
owners and of the community at large. Such conditions may require compliance with more than
the minimum standards established by this title.
B. Conditions of approval may not be added after final action to grant preliminary approval to a
proposed subdivision or other development unless:
1. The conditions are necessary to correct inaccurate or incomplete information provided
with an application, which error is discovered after the original approval action; and
2. The project is not completed within the time period provided in the approval or by this
title; or
3. The requirement is part of an improvements agreement and security for completion of
required improvements prior to filing a final plat or other development.
However, should the owner seek material modifications (e.g. changes to the intent, nature, or
scope of a subdivision or development, or necessary improvements) to a previously approved
subdivision, development or condition of approval, the entire application shall be considered to
be again opened for review and additional conditions may be applied. Modifications of
conditions of approval shall be reviewed through the same process as the original application.
Final action includes the resolution of any appeals. The provisions of §18.06.040.D.7 may also
apply to revisions of conditions for preliminary plats.
C. Mandatory compliance with the explicit terms of this title does not constitute conditions of
approval and is not affected by the limitations of subsection B of this section.
18.02.080 COMPLIANCE WITH REGULATIONS REQUIRED
A. No land shall hereafter be subdivided, used or occupied, and no building, structure or part
thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, and
no development shall commence unless it is in conformity with all of the regulations herein
specified for the district in which it is located.
B. To the extent reasonable, all City-owned land shall be subject to applicable regulations of the
underlying zoning district. Development of such land shall be subject to approval by the City
Commission upon review of the development review committee and other review bodies as may
be required by this title.
18.02.090 DEVELOPMENTS THAT LIE WITHIN MULTIPLE JURISDICTIONS
If a proposed development lies partly within the City of Bozeman and partly within unincorporated
Gallatin County, the proposed development must be submitted to and approved by both the City and
Gallatin County.
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Exhibit A
Ordinance # 1769 page 02-4
18.02.100 PRIVATE RESTRICTIONS
This title is not intended to affect any existing private agreement or condition such as a deed restriction
or covenant. If any provision of this title is more restrictive or imposes a higher standard than any such
private restriction, the requirements of this title shall control. Where the provisions of any private
restriction are more restrictive or impose higher standards than the provisions of this title, the City has
no duty to enforce such private restrictions or advise of their existence. The City may enforce a private
restriction if the City is a party to such covenant or restriction, if such restriction was required by the
City, or if it was relied upon by the City during the land development process in order to meet the
requirements of this title or another required standard. The City may prohibit private restrictions that
violate matters of law. Covenants are subject to the requirements of §18.72.030, BMC.
18.02.110 SEVERABILITY
Where any word, phrase, clause, sentence, paragraph, or section or other part of these regulations is held
invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such
judgment shall affect only that part held invalid and such decision shall not affect, impair or nullify this
title as a whole or any other part thereof. Insofar as these regulations are more restrictive than any other
law, these regulations shall be controlling, and if any other law is more restrictive, the higher standard
shall take precedence over a standard set forth in these regulations.
88
Exhibit B
Ordinance # 1769 page 06-1
CHAPTER 18.06
REVIEW PROCEDURES FOR SUBDIVISIONS
18.06.010 GENERAL PROCEDURE
Every plat of subdivision must be reviewed, approved and filed for record with the County Clerk and
Recorder in accordance with the procedures contained herein before title to the subdivided land can be
sold or transferred in any manner. Subdivisions containing six or more lots shall be considered major
subdivisions. Subdivisions containing five or fewer lots, in which proper access to all lots is provided
and in which no land is to be dedicated to public use for parks and playgrounds, shall be minor
subdivisions.
18.06.020 PRE-SUBMITTAL MEETING AND PRE-APPLICATION PLAN REVIEW
The purpose of a pre-application plan review is to discuss this title and these standards, to familiarize the
developer with the standards, goals and objectives of applicable plans, regulations and ordinances, and
to discuss the proposed subdivision as it relates to these matters.
A. Minor Subdivisions. Prior to the submittal of a subdivision application for a minor subdivision,
the developer shall submit an application for subdivision pre-application review.
B. Major Subdivisions. Prior to the submittal of a subdivision application for a major subdivision,
the developer shall submit an application for subdivision pre-application review. The developer
is encouraged to have a pre-submittal meeting with the Planning Department prior to submitting
a subdivision pre-application.
C. Pre-application Plan Review. For subdivision pre-application review, the developer shall submit
a complete application for pre-application plan review, the appropriate review fee, and copies of
all required pre-application information as set forth in §18.78.030, BMC.
1. Planning Department Review. The Planning Department shall review the pre-
application plan and advise the developer as to whether the plans and data meet the
goals and objectives of applicable plans and this title.
a. Agency Review. The Planning Department will distribute the pre-application
information to appropriate County and City departments and state and federal
agencies for review and written comment. All written comments received from
various agencies, along with the Planning Department’s comments regarding
whether the plans and data meet the standards, goals and objectives of applicable
plans, ordinances, and this title, and for informational purposes identification of
local regulations, state laws, and growth policy provisions that may apply to the
subdivision process, will be forwarded to the applicant to aid in the preparation
of the subdivision application. The Planning Department shall provide a list of
the public utilities, agencies of government, and other parties who may be
contacted and their timeframes for comment on the subdivision application. The
comments collected by the Planning Department shall be provided in person or
by letter to the subdivider or their agent within 30 calendar days of a complete
application being received by the City. The 30 calendar day review period shall be
considered met if the letter is dated, signed and placed in the outgoing mail
within the 30 calendar day review period.
b. Time for Review. The Planning Department shall review the pre-application
plan and within thirty working days advise the developer as to whether the plans
and data meet the goals and objectives of applicable plans and this title. Every
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Exhibit B
Ordinance # 1769 page 06-2
effort shall be made by the Planning Department to obtain department and
agency comment within this time period.
2. Optional Planning Board Review. If the developer so wishes, he/she may request in
writing that the Planning Board review pre-application plans. The letter of request and
additional copies of the pre-application materials are required for this optional review.
a. The request must be received at least thirty working days prior to the Planning
Board meeting at which it is to be considered. The application will be submitted
to the Planning Board at their next available meeting. A copy of the approved
minutes of the Planning Board meeting will be forwarded to the developer.
3. Time for Follow-up Submittal. A complete subdivision preliminary plat application shall
be submitted to the Planning Department within one calendar year of the date the
Planning office dates, signs and places in the outgoing mail.
4. The property owner will not receive formal written notification on the acceptability or
adequacy of a subdivision pre-application plan submittal.
18.06.030 CONCURRENT REVIEW
The developer has the option of submitting a Department of Environmental Quality (DEQ)/Local
Government Joint Application Form in the place of a Preliminary Plat Application Form, and to request
concurrent subdivision review by the Department of Environmental Quality and the City Commission,
pursuant to §76-4-129, MCA.
18.06.040 PRELIMINARY PLAT
After the requirement for a pre-application review has been satisfied, the developer may submit a
subdivision application. Subdivision applications shall be submitted, along with the appropriate review
fee and all required subdivision application information as set forth in Chapter 18.78, BMC, to the
Planning Department and must conform to the requirements of this title. The preliminary plat shall be
prepared by a surveyor licensed to practice in Montana.
A. Acceptability and Adequacy of Application. The time limits in paragraphs 1 and 2 of
this subsection apply to each successive submittal of the application until a
determination is made that the application contains the required materials and is
adequate for review and the subdivider or their agent is notified.
1. The Planning Department shall review a subdivision application within five working days
of receipt of the application and applicable fee submitted in accordance with any
deadlines established for submittal to determine if the application is acceptable. An
application is acceptable only if it contains all of the information required by this title. If
the application is unacceptable, the application, the review fee and a written explanation
of why the application is unacceptable will be returned to the subdivider, who is the
property owner. If the application is acceptable the subdivider shall be so notified. The
property owner may designate in writing another party to receive notifications regarding
acceptability. The five working day review period shall be considered met if the letter is
dated, signed and placed in the outgoing mail within the five day review period.
2. After the application is deemed acceptable it shall be reviewed for adequacy. The review
for adequacy 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 is acceptable and sends the
required notice to the subdivider; and shall be completed within not more than 15
working days. The 15 working day review period shall be considered met if the letter is
dated, signed and placed in the outgoing mail within the 15 working day review period. If
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Exhibit B
Ordinance # 1769 page 06-3
the application is inadequate, a written explanation of why the application is inadequate
will be returned to the subdivider, who is the property owner. If the application is
adequate the subdivider shall be so notified. The property owner may designate in
writing another party to receive notifications regarding adequacy.
a. In the event the missing information is not received by the City within 15
working days of notification to the subdivider of inadequacy, all application
materials and one-half of the review fee shall be returned to the subdivider or
their representative. Subsequent resubmittal shall require payment of a review fee
as if it were a new application.
b. A determination that an application is adequate does not restrict the City from
requesting additional information during the subdivision review process. A
determination of adequacy establishes the applicable review criteria as specified
in §18.64.080.A, BMC.
3. The DRC may grant reasonable waivers from submittal of application materials required
by 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 authority the waived
materials are necessary for proper review of the development, the materials shall be
provided before review is completed.
4. In order to be granted a waiver the applicant shall include with the submission of the
subdivision application a written statement describing the requested waiver and the
reasons upon which the request is based. The final approval body shall then consider
each waiver at the time the subdivision application is reviewed. All waivers must be
initially identified with the pre-application stage of review.
B. Review by Affected Agencies. After an application is deemed acceptable, the Planning
Department may submit copies of the preliminary plat and supplementary information to
relevant public utilities and public agencies for review and comment, and to the Planning Board
for its advice pertaining to the approval or denial of the subdivision application. Review by
public agencies or utilities shall not delay the City Commission’s consideration of the subdivision
application beyond the statutorily specified review period. If the Planning Department shall
request review by a public utility, agency of government, and other parties regarding the
subdivision application that was not identified during the pre-application review the Planning
Department shall notify the subdivider.
C. Planning Board Review. At a regularly noticed meeting or public hearing, the Planning Board
shall review all subdivision applications, together with required supplementary plans and
information, and determine whether the plat is in compliance with the City’s growth policy. The
Planning Board shall hold a public hearing on all subdivisions for which a public hearing is
required.
1. Public Testimony. All written public comment received at or prior to a public hearing
shall be incorporated into the written record of the review. Minutes shall be taken of
verbal comment received during the public hearing or public meeting before the
Planning Board and shall be incorporated into the written record of the review. Copies
of the minutes and written comments shall be included in any recommendation made to
the City Commission by the Planning Board.
2. Planning Board Recommendation. Within ten working days of their review, the
Planning Board shall submit in writing to the City Commission, a resolution forwarding
its advice regarding compliance with the City’s growth policy, and a recommendation for
approval, conditional approval or denial of the subdivision application.
91
Exhibit B
Ordinance # 1769 page 06-4
D. City Commission Review. The City Commission shall review and take action on all proposed
subdivisions.
1. The following requirements for a public hearing or a public meeting, and for statutory
review periods, shall be met:
a. First Minor Subdivision Created from a Tract of Record. The City Commission
shall consider the subdivision application and the Planning Board’s
recommendation during a regular public meeting of the Commission. The City
Commission, when legal and physical access is provided to all lots shall approve,
conditionally approve or deny the subdivision application of a first minor
subdivision within thirty-five working days of the determination that the
application is adequate, unless there is a written extension from the developer for
a period not to exceed one year. A minor subdivision must reviewed as a second
or subsequent minor subdivision if the Tract has been previously subdivided or
created by a subdivision; or the Tract has descended from a tract of record which
has previously been divided by exemption or other means into 6 or more tracts
of record since July 1, 1973.
(1) Variance Requests for Minor Subdivisions. If the developer of a minor
subdivision is requesting a variance from any requirement of this title, the
procedures of §18.66.070, BMC must be followed except that a public
hearing shall not be held.
b. Subdivisions Eligible for Summary Review. The City Commission shall consider
the application and the Planning Board’s recommendation during a regular
public meeting of the Commission. The City Commission shall approve,
conditionally approve or deny a proposed subdivision that is eligible for
summary review within thirty-five calendar days of determination that the
application is adequate, unless there is a written extension from the developer.
Minor subdivisions are eligible for summary review if the plat has been approved
by the Montana Department of Environmental Quality whenever approval is
required by §76-4-101 et seq., MCA.
c. Second or Subsequent Minor Subdivision Created From a Tract of Record. For
the second or subsequent minor subdivision created from a tract of record, the
City Commission shall hold a public hearing on the subdivision application. The
City Commission shall approve, conditionally approve or deny the subdivision
application of a second or subsequent minor subdivision within sixty working
days of the determination that the application is adequate for review, unless there
is a written extension from the developer, not to exceed one year.
d. Major Subdivisions. For a major subdivision, the City Commission shall hold a
public hearing on the subdivision application. The City Commission shall
approve, conditionally approve or deny the subdivision application within sixty
working days of the determination that the application is adequate for review if
the subdivision has less than 50 lots, and within 80 working days of the
determination that the application is adequate for review if the subdivision has 50
or more lots, unless there is a written extension from the developer, not to
exceed one year.
e. Public Testimony. All written public comment received at a public meeting or
public hearing prior to a decision to approval, approve with conditions, or deny a
subdivision application shall be incorporated into the written record of the
review. Minutes shall be taken of verbal comments received during the public
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Exhibit B
Ordinance # 1769 page 06-5
hearing before the City Commission and shall be incorporated into the written
record of the review maintained by the City.
f. New and Credible Information. The City Commission shall determine whether
public comments or documents presented to the City Commission at a public
hearing regarding a subdivision application held pursuant to §18.06.040.D, BMC
constitute:
(1) Information or analysis of information that was presented at a public
hearing held pursuant to §18.06.040.D, BMC that the public has had a
reasonable opportunity to examine and on which the public has had a
reasonable opportunity to comment; or
(2) New information regarding a subdivision application that has never been
submitted as evidence or considered by either the City Commission,
Planning Board or by city staff at a hearing during which the subdivision
application was considered.
(3) If the City Commission determines that the public comments or
documents constitute new information not previously considered at a
public hearing, the City Commission may:
(a) Approve, conditionally approve, or deny the proposed
subdivision without basing its decision on the new information if
the governing body determines that the new information is either
irrelevant or not credible; or
(b) Schedule or direct its agent or agency to schedule a subsequent
public hearing before the City Commission for consideration of
only the new information that may have an impact on the
findings and conclusions that the governing body will rely upon
in making its decision on the proposed subdivision.
(c) In deciding whether the information is both new and credible the
City Commission shall consider:
(1) Whether the topic of the information has previously been
examined or available for examination at a public hearing
on the subdivision application;
(2) Whether the information is verifiable, and if applicable
developed by a person with professional competency in
the subject matter;
(3) Whether the information is relevant to a topic within the
jurisdiction of the City.
(4) If a subsequent public hearing is held to consider new and credible
information, the 60 working day review period required in §18.06.040.D
is suspended and the new hearing must be noticed and held within 45
days of the governing body's determination to schedule a new hearing.
After the new hearing, the otherwise applicable time limit for review
resumes at the governing body's next scheduled public meeting for which
proper notice for the public hearing on the subdivision application can
be provided. The governing body may not consider any information
regarding the subdivision application that is presented after the hearing
when making its decision to approve, conditionally approve, or deny the
proposed subdivision.
g. When the subdivision does not qualify, pursuant to §76-4-125(2), MCA, for the
certification established in §18.06.050, BMC, the City shall at any public hearing
collect public comment given regarding the information required §18.78.050.I,
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Exhibit B
Ordinance # 1769 page 06-6
BMC regarding sanitation. The City shall make any comments submitted or a
summary of the comments submitted available to the subdivider within 30 days
after conditional approval or approval of the subdivision application.
(1) The subdivider shall, as part of the subdivider's application for sanitation
approval, forward the comments or the summary provided by the
governing body to the:
(a) Reviewing authority provided for in Title 76, chapter 4, for
subdivisions that will create one or more parcels containing less
than 20 acres; and
(b) Local health department or board of health for proposed
subdivisions that will create one or more parcels containing 20
acres or more and less than 160 acres.
(2) Parcel Size.
(a) For a proposed subdivision that will create one or more parcels
containing less than 20 acres, the governing body may require
approval by the department of environmental quality as a
condition of approval of the final plat.
(b) For a proposed subdivision that will create one or more parcels
containing 20 acres or more, the governing body may condition
approval of the final plat upon the subdivider demonstrating,
pursuant to [SB 290, section 4], that there is an adequate water
source and at least one area for a septic system and a replacement
drainfield for each lot.
2. Criteria for City Commission Action. The basis for the City Commission’s decision to
approve, conditionally approve or deny the subdivision shall be whether the subdivision
application, public hearing if required, Planning Board advice and recommendation and
additional information demonstrates that development of the subdivision complies with
this title, the City’s growth policy, the Montana Subdivision and Platting Act and other
adopted state and local ordinances, including, but not limited to, applicable zoning
requirements. The City Commission may not deny approval of a subdivision based
solely on the subdivision’s impacts on educational services. When deciding to approve,
conditionally approve or deny a subdivision application, the City Commission shall:
a. Review the preliminary plat, together with required supplementary plans and
information, to determine if it meets the requirements of this title, the
development standards and policies of the City’s growth policy, the Montana
Subdivision and Platting Act, and other adopted state laws and local ordinances,
including but not limited to applicable zoning requirements.
b. Consider written comments from appropriate public agencies, utilities or other
members of the public.
c. Consider the following:
(1) Relevant evidence relating to the public health, safety and welfare;
(2) Other regulations, code provisions or policies in effect in the area of the
proposed subdivision;
(3) The recommendation of the Planning Board; and
(4) Any relevant public testimony.
d. When the subdivision does not qualify, pursuant to §76-4-125(2), MCA, for the
certification established in §18.06.050, BMC the City Commission may
conditionally approve or deny a proposed subdivision as a result of the water and
sanitation information provided pursuant to §18.78.050.I, BMC, or public
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Exhibit B
Ordinance # 1769 page 06-7
comment received pursuant to 76-3-604 on the information provided pursuant
to §18.78.050.I, BMC. A conditional approval or denial shall be based on
existing subdivision, zoning, or other regulations that the City Commission has
the authority to enforce.
3. City Commission Action. If the City Commission denies or conditionally approves the
subdivision application, it shall forward one copy of the plat to the developer
accompanied by a letter over the appropriate signature stating the reason for disapproval
or enumerating the conditions that must be met to ensure approval of the final plat.
This written statement must include:
a. The reason for the denial or condition imposition;
b. The evidence that justifies the denial or condition imposition; and
c. Information regarding the appeal process for the denial or condition imposition.
4. Mitigation. The City Commission may require the developer to design the subdivision to
reasonably minimize potentially significant adverse impacts identified through the review
required by this title. The City Commission shall issue written findings to justify the
reasonable mitigation required by this title. The City Commission may not unreasonably
restrict a landowner’s ability 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 plat. When requiring mitigation under this subsection, the City
Commission shall consult with the developer and shall give due weight and consideration
to the expressed preference of the developer.
5. Findings of Fact. Within 30 working days of the final action to approve, deny, or
approve with conditions a subdivision, the City Commission shall issue written findings
of fact that discuss and weigh the following criteria, as applicable (pursuant to §76-3-608,
MCA):
a. Criteria.
(1). Compliance with the survey requirements of the Montana Subdivision
and Platting Act;
(2). Compliance with this title and the review process of these regulations;
(3). The provision of easements to and within the subdivision for the
location and installation of any necessary utilities;
(4). The provision of legal and physical access to each parcel within the
subdivision and the notation of that access on the applicable plat and any
instrument transferring the parcel; and
(5). For major subdivisions, the findings of fact shall also address the effect
on agriculture, agricultural water user facilities, local services, the natural
environment, wildlife and wildlife habitat, and public health and safety.
b. Required Components. The written findings of fact shall contain at a minimum:
(1) Information regarding the appeal process for the denial or imposition of
conditions;
(2) Identifies the regulations and statutes used in reaching the decision to
deny or impose conditions and explains how they apply to the decision;
(3) Provides the facts and conclusions that the governing body relied upon
in making its decision to deny or impose conditions. The documents,
testimony, or other materials that form the basis of the decision and
support the conclusions of the governing body may be incorporated into
the written findings by reference.
95
Exhibit B
Ordinance # 1769 page 06-8
6. Subdivision Application Approval Period. Upon approving or conditionally approving a
subdivision application, the City Commission shall provide the developer with a dated
and signed statement of approval. This approval shall be in force for not more than one
calendar year for minor subdivisions, two years for single-phased major subdivisions and
three years for multi-phased major subdivisions. At the end of this period, the City
Commission may, at the written request of the developer, extend its approval for no
more than one calendar year, except that the City Commission may extend its approval
for a period of more than one year if that approval period is included as a specific
condition of a written subdivision improvements agreement between the City
Commission and the developer, provided for in §18.74.060, BMC.
7. Changes to Conditions After Approval. Upon written request of the developer, the City
Commission may amend conditions of subdivision application approval where it can be
found that errors or changes beyond the control of the developer have rendered a
condition unnecessary, impossible or illegal. Changes to conditions that are not
unnecessary, impossible or illegal shall be subject to the provisions of §18.02.070, BMC.
a. The written request shall be submitted to the Planning Department.
b. The written consent of all purchasers of land (via contract for deed, etc.) shall be
included with the written request to amend conditions.
c. If it is an application for a major subdivision, the City Commission shall conduct
a public hearing on the request. If it is an application for a minor subdivision,
the City Commission shall consider the request at a regularly scheduled meeting.
(1) If a public hearing is held, public notice of the hearing shall be given in
accordance with this title.
d. The City Commission may approve the requested change if it meets the criteria
set forth in this title.
e. The City Commission shall issue written findings of fact as required in this title.
18.06.050 NOTICE OF CERTIFICATION THAT WATER AND WASTE SERVICES WILL
BE PROVIDED BY LOCAL GOVERNMENT
If the developer is proposing to request an exemption from the Department of Environmental Quality
(DEQ) for infrastructure plan and specification review, the subdivision application shall include a
written request from the developer’s professional engineer, licensed in the state of Montana,
that indicates the intent to request the exemption, and details the extent of water, sewer and stormwater
infrastructure that will be completed prior to final plat approval. A detailed preliminary storm water
drainage plan must also be submitted with the written request. The Director of Public service shall,
prior to final plat approval, send notice of certification to the DEQ per §76-4-127, MCA.
A. The notice of certification shall include the following:
1. The name and address of the applicant;
2. A copy of the preliminary plat included with the application for the proposed
subdivision or a final plat where a preliminary plat is not necessary;
3. The number of proposed parcels in the subdivision;
4. A copy of any applicable zoning ordinances in effect;
5. How construction of the sewage disposal and water supply systems or extensions will be
financed;
96
Exhibit B
Ordinance # 1769 page 06-9
6. Certification that the subdivision is within a jurisdictional area that has adopted a growth
policy pursuant to Chapter 1, Title 76, MCA and a copy of the growth policy, when
applicable;
7. The relative location of the subdivision to the City;
8. Certification that adequate municipal facilities for the supply of water and disposal of
sewage and solid waste are available or will be provided within the time provided in §
76-3-507, MCA;
9. If water supply, sewage disposal or solid waste facilities are not municipally owned,
certification from the facility owners that adequate facilities are available; and
10. Certification that the City Commission has reviewed and approved plans to ensure
adequate stormwater drainage.
18.06.060 FINAL PLAT APPLICATION
After the conditions of preliminary approval and the requirements for the installation of improvements
have been satisfied, the developer shall cause to be prepared a final plat. The final plat shall conform to
the uniform standards for final subdivision plats as set forth in §8.94.3003 ARM. Plans and data shall be
prepared under the supervision of a registered surveyor, licensed in the State of Montana, as their
licensing laws allow.
A. Final Plat Submittal. The final plat and all supplementary documents shall be submitted to the
Planning Department at least thirty working days prior to the expiration of subdivision
application approval or any extension thereto. The submittal shall include a final plat application
form, the appropriate review fee, all information required by §18.78.070, BMC, and a written
explanation of how each of the conditions of subdivision application approval has been satisfied.
B. County Treasurer Certification. A final plat will not be accepted as complete until the County
Treasurer has certified that no real property taxes and special assessments assessed and levied on
the land to be subdivided are delinquent.
C. Review of Abstract and Covenants. With the final plat, the developer shall submit to the
Planning Department a certificate of a licensed title abstractor showing the names of the owners
of record of the land to be subdivided and the names of lienholders or claimants of record
against the land, and the written consent to the subdivision by the owners of the land, if other
than the developer, and any lienholders or claimants of record against the land. The certificate
of licensed title abstractor shall be dated no earlier than thirty calendar days prior to submittal.
Covenants shall also be submitted to the Planning Department with the final plat application.
The Planning Department staff will obtain the City Attorney’s approval of the covenants and the
City Attorney’s certificate.
D. Review by the Planning Department. The Planning Department will then review the final plat
application to ascertain that all conditions and requirements for final approval have been met. If
all conditions and requirements for final approval have been met, the Planning Department shall
forward a report to the City Commission for their action.
E. Final Plat Approval. The City Commission shall examine every final plat, and within forty-five
working days of the date of submission to the Planning Department, shall approve it if it
conforms to the conditions of preliminary approval and the terms of this title.
The City Commission shall examine every final plat at a regular meeting.
1. If the final plat is approved, the Director of Public Service shall so certify the approval in
a printed certificate on the plat.
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Exhibit B
Ordinance # 1769 page 06-10
2. If the final plat is denied, the City Commission shall cause a letter to be written to the
developer stating the reasons therefore.
F. Filing. The developer shall file the approved, signed final plat and all other required certificates
and documents with the County Clerk and Recorder within sixty days of the date of final
approval.
18.06.070 CHANGES TO FILED SUBDIVISION PLATS
Changes to a filed subdivision plat must be filed with the County Clerk and Recorder as an amended
plat. An amended plat may not be filed unless it meets the filing requirements for a final subdivision
plat specified in these regulations.
98
Exhibit C
Ordinance 1769 10-1
CHAPTER 18.10
SUBDIVISION EXEMPTIONS
18.10.010 DIVISIONS OF LAND ENTIRELY EXEMPT FROM THE REQUIREMENTS
OF THIS TITLE AND THE MONTANA SUBDIVISION AND PLATTING ACT
Unless the method of disposition is adopted for the purpose of evading this title or the Montana
Subdivision and Platting Act (the “Act”), the requirements of this title pertaining to subdivisions and the
Act may not apply when:
A. A division of land is created by order of any court of record in this state or by operation of law
or that, in the absence of agreement between the parties to the sale, could be created by an order
of any court in the state pursuant to the law of eminent domain (§76-3-201(1)(a), MCA);
1. Before a court of record orders a division of land, the court shall notify the governing
body of the pending division and allow the governing body to present written comment
on the division.
B. A division of land is created to provide security for mortgages, liens or trust indentures for the
purpose of construction, improvements to the land being divided, or refinancing purposes (§76-
3-201(1)(b), MCA). This exemption applies;
1. To a division of land of any size;
2. If the land that is divided is not conveyed to any entity other than the financial or
lending institution to which the mortgage, lien or trust indenture was given or to a
purchaser upon foreclosure of the mortgage, lien or trust indenture. A transfer of the
divided land, by the owner of the property at the time that the land was divided, to any
party other than those identified in this subsection subjects the division of land to the
requirements of the Montana Subdivision and Platting Act and Chapter 18.06, BMC.
3. To a parcel that is created to provide security, however the remainder of the tract of land
is subject to the provisions of the Montana Subdivision and Platting Act and Chapter
18.06, BMC if applicable.
C. A division of land creates an interest in oil, gas, minerals or water that is severed from the
surface ownership of real property (§76-3-201(1)(c), MCA);
D. A division of land creates cemetery lots (§76-3-201(1)(d), MCA);
E. A division of land is created by the reservation of a life estate (§76-3-201(1)(e), MCA);
F. A division of land is created by lease or rental for farming and agricultural purposes (§76-3-
201(1)(f), MCA);
G. A division of land is created for rights-of-way or utility sites. A subsequent change in the use of
the land to a residential, commercial or industrial use is subject to the requirements of the
Montana Subdivision and Platting Act and Chapter 18.06, BMC (§76-3-201(1)(h), MCA);
H. The land upon which an improvement is situated has been subdivided in compliance with this
title and the Act, the sale, rent, lease or other conveyance of one or more parts of a building,
structure or other improvement situated on one or more parcels of land is not a division of land
(§76-3-202, MCA);
I. The sale, rent, lease or other conveyance of one or more parts of a building, structure or other
improvement, whether existing or proposed, is not a division of land (§76-3-204, MCA);
J. A division of land created by lease or rental of contiguous airport-related land owned by a city,
county, the state, or a municipal or regional airport authority provided that the lease or rental is
99
Exhibit C
Ordinance 1769 10-2
for onsite weather or air navigation facilities, the manufacture, maintenance, and storage of
aircraft, or air carrier-related activities (§76-3-205(1), MCA);
K. A division of state-owned land unless the division creates a second or subsequent parcel from a
single tract for sale, rent or lease for residential purposes after July 1, 1974 (§76-3-205(2), MCA);
and
L. Deeds, contracts, leases or other conveyances that were executed prior to July 1, 1974 (§76-3-
206, MCA).
18.10.020 SPECIFIC DIVISIONS OF LAND EXEMPT FROM REVIEW BUT SUBJECT TO
SURVEY REQUIREMENTS AND ZONING REGULATIONS FOR DIVISIONS
OF LAND NOT AMOUNTING TO SUBDIVISIONS
Unless the method of disposition is adopted for the purpose of evading this title or the Act, the
following divisions or aggregations of land are not subdivisions under this title and the Act, but are
subject to the surveying requirements of §76-3-401, MCA for lands other than subdivisions and are
subject to applicable zoning regulations adopted under Title 76, Chapter 2, MCA. A division of land
may not be made under this section unless the County Treasurer has certified that no real property taxes
and special assessments assessed and levied on the land to be divided are delinquent. The County Clerk
and Recorder shall notify the Planning Department of any land division described in this section or §76-
3-207 (1), MCA.
A. Divisions made outside of platted subdivisions for the purpose of relocating common boundary
lines between adjoining properties (§76-3-207(a), MCA);
B. Divisions made outside of platted subdivisions for the purpose of a single gift or sale in each
county to each member of the landowner’s immediate family (§76-3-207(b), MCA);
C. Divisions made outside of platted subdivisions by gift, sale or a agreement to buy and sell in
which the parties to the transaction enter a covenant running with the land and revocable only
by mutual consent of the City of Bozeman and the property owner that the divided land will be
used exclusively for agricultural purposes (§76-3-207(c), MCA);
D. For five or fewer lots within a platted subdivision, the relocation of common boundaries (§76 -
3-207(d), MCA); and
E. Divisions made for the purpose of relocating a common boundary line between a single lot
within a platted subdivision and adjoining land outside a platted subdivision. A restriction or
requirement on the original platted lot or original unplatted parcel continues to apply to those
areas (§76-3-207(e), MCA).
F. Aggregation of parcels or lots when a certificate of survey or subdivision plat shows that the
boundaries of the original parcels have been eliminated and the boundaries of the larger
aggregate parcel are established. A restriction or requirement on the original platted lot or
original unplatted parcel continues to apply to those areas (§76-3-207(f), MCA).
18.10.030 EXEMPTIONS FROM SURVEYING AND FILING REQUIREMENTS BUT
SUBJECT TO REVIEW
Subdivisions created by rent or lease are exempt from the surveying and filing requirements of Chapter
18.06, BMC and the Montana Subdivision and Platting Act, but must be submitted for review and
approved by the City Commission before portions thereof may be rented or leased.
18.10.040 CONDOMINIUMS
A. Condominium developments are exempt from the surveying and filing requirements of Chapter
18.06, BMC and the Montana Subdivision and Platting Act.
100
Exhibit C
Ordinance 1769 10-3
B. Condominiums, constructed on land divided in compliance with the Montana Subdivision and
Platting Act, are exempt from the provisions of Chapter 18.06, BMC and the Montana
Subdivision and Platting Act if either:
1. The approval of the original division of land expressly contemplated the construction of
the condominiums and any applicable park dedication requirements of §76-3-621, MCA
are complied with; or
2. The condominium proposal is in conformance with applicable local zoning regulations
where local zoning regulations are in effect.
18.10.050 EXEMPTION FROM SURVEYING AND PLATTING REQUIREMENTS FOR
LANDS ACQUIRED FOR STATE HIGHWAYS
Instruments of transfer for land which is acquired for state highways may refer by parcel and project
number to state highway plans which have been recorded in compliance with §60-2-209, MCA and are
exempted from the surveying and platting requirements of this title and the Act (§76-3-209, MCA). If
such parcels are not shown on highway plans of record, instruments of transfer of such parcels shall be
accompanied by and refer to appropriate certificates of survey and plats when presented for recording.
18.10.060 PROCEDURES AND GENERAL REQUIREMENTS
All certificates of survey or amended subdivision plats claiming an exemption inside City limits and
subject to survey requirements shall be submitted to the Planning Department. The procedures and
requirements of this title are limited to the exemptions discussed in §18.10.070, BMC.
A. Submittal. A claimant seeking an exemption under the Act and this title shall submit to the
Planning Department a claim on the appropriate application form, including a signed certificate
of exemption, together with evidence to support the claim and any other information required
by this title.
B. Review. The Planning Department will review the claimed exemption to verify that it is the
proper use of the claimed exemption.
1. During this review, Planning Department staff will visit the proposed site, understand
thoroughly the nature of all activity occurring on the site, and shall identify any existing
or potential zoning conflicts. The Planning Department shall prepare a memo evaluating
the claimed exemption against applicable review criteria, which shall also be made
available to the claimant or the claimant’s representative.
2. In assessing the claimant’s purpose for the exemption, the Planning Department will
evaluate all relevant circumstances including the nature of the claimant’s business, the
prior history of the particular tract in question, and the proposed configuration of the
tract, if the proposed exemption transactions are completed.
3. Where a rebuttable presumption is declared in this title, the presumption may be
overcome by the claimant with evidence contrary to the presumption. If the Planning
Department concludes that the evidence overcomes the presumption and that from all
the circumstances the exemption is justified, the exemption will be allowed. On the
other hand, if the Planning Department concludes that the presumption is not overcome
and that from all the circumstances the exemption is not justified, the exemption will be
disallowed.
4. If the exemption is allowed, the Planning Director shall so certify in a printed certificate
on the certificate of survey or amended plat within thirty days of submission of a
complete application.
101
Exhibit C
Ordinance 1769 10-4
5. If the exemption is disallowed, the Planning Department shall provide written
notification, within thirty days of submission of a complete application, of its decision to
the person claiming the exemption and to the County Clerk and Recorder.
C. Filing Requirements. An amended plat or a certificate of survey of a division of land which is
exempt from review must be filed within 180 days of the completion of the survey.
1. Certificates of Survey. A certificate of survey may not be filed by the County Clerk and
Recorder unless it complies with the following procedures for divisions of land
exempted from public review as subdivisions. Certificates of survey for divisions of land
meeting the criteria set out in §76-3-207, MCA, must meet the following requirements:
a. A certificate of survey of a division of land that would otherwise be a
subdivision, but that is exempted from subdivision review under §76-3-207,
MCA, may not be filed by the County Clerk and Recorder unless it bears the
acknowledged certificate of the property owner stating that the division of land is
exempt from review as a subdivision and citing the applicable exemption.
b. If the exemption relied upon requires that the property owner enter into a
covenant running with the land, the certificate of survey may not be filed unless
it bears a signed and acknowledged recitation of the covenant.
c. If a certificate of survey invokes the exemption for gifts and sales to members of
the landowner’s immediate family, the certificate must indicate the name of the
proposed grantee, the relationship of the grantee to the landowner and the parcel
to be conveyed to the grantee.
d. If a certificate of survey invokes the exemption for the relocation of common
boundary lines:
(1) The certificate of survey must bear the signatures of all landowners
whose parcels will be altered by the proposed relocation. The certificate
of survey must show that the exemption was used only to change the
location of or eliminate a boundary line dividing two or more parcels,
and must clearly distinguish the prior boundary location (shown, for
example, by a dashed or broken line or a notation) from the new
boundary (shown, for example, by a solid line or notation);
(2) The certificate of survey must show the boundaries of the area that is
being removed from one parcel and joined with another parcel. The
certificate of survey may, but is not required to, establish the exterior
boundaries of the resulting parcels. However, the certificate of survey
must show portions of the existing unchanged boundaries sufficient to
clearly identify both the location and the extent of the boundary
relocation;
(3) If a boundary line will be completely eliminated, the certificate must
establish the boundary of the resulting parcel.
e. If the certificate of survey invokes an exemption from subdivision review under
§76-3-207, MCA, the certificate of survey must bear, or be accompanied by, a
certification by the County Treasurer that all taxes and special assessments
assessed and levied on the surveyed land have been paid.
f. For purposes of §18.10.060.C.1, BMC when the parcel of land for which an
exemption from subdivision review is claimed is being conveyed under a
contract-for-deed, the terms “property owner”, “landowner” and “owner” mean
the seller of the parcel under the contract-for-deed.
102
Exhibit C
Ordinance 1769 10-5
g. Procedures for Filing Certificates of Survey of Divisions of Land Entirely
Exempted from the Requirements of the Act. The divisions of land described in
§76-3-201, §76-3-205 and §76-3-209, MCA, and divisions of federally owned land
made by a United States government agency are not required to be surveyed, nor
must a certificate of survey or subdivision plat showing these divisions be filed
with the County Clerk and Recorder. A certificate of survey of one of these
divisions may, however, be filed with the County Clerk and Recorder if the
certificate of survey meets the requirements for form and content for certificates
of survey contained in this section and bears a certificate of the surveyor
performing the survey citing the applicable exemption from the Act or, when
applicable, that the land surveyed is owned by the federal government.
2. Amended Plats. Unless a division of land is exempt from subdivision review by §76-3-
201 or §76-3-207(1)(d) or (e), MCA, an amended plat shall not be filed by the County
Clerk and Recorder unless it complies with the uniform standards for final subdivision
plats specified in §8.94.3003, ARM. A survey document that modifies lots in a platted
and filed subdivision and invokes an exemption from subdivision review under §76-3-
201 or §76-3-207(1)(d) or (e), MCA, must be entitled “amended plat of the (name of
subdivision),” but for all other purposes is to be regarded as a certificate of survey and
subject to the requirements of §18.10.060.C.1, BMC.
18.10.070 EXEMPTION REVIEW CRITERIA
The following criteria shall be used to ensure that exemptions are not claimed for the purposes of
evading this title or the Act. Appeals regarding a decision by the Planning Department that an
exemption is an evasion of the Subdivision and Platting Act may be taken to the City Commission in the
manner established for administrative project decision appeals as set forth in §18.66.030, BMC.
A. A division of land is created to provide security for mortgages, liens or trust indentures for the
purpose of construction, improvements to the land being divided or refinancing purposes (§76-
3-201(1)(b), MCA).
1. The proper use of the exemption is to provide security for construction mortgages, liens
or trust indentures, when a survey of the parcel has been required.
2. The City makes a rebuttable presumption that a division of land that is created to
provide security is adopted for the purpose of evading the Act under the following
conditions:
a. If the division of land is created for the purpose of conveyance to any entity
other than the financial or lending institution to which the mortgage, lien or trust
indenture was given or to a purchaser upon foreclosure of the mortgage, lien or
trust indenture; or
b. The security is provided for construction or improvements on, or refinancing
for, land other than on the exempted parcel.
3. When the security for construction financing exemption is to be used, the landowner
shall submit, in addition to such other documents as may be required, a written
statement explaining:
a. How many parcels within the original tract will be created by use of the
exemption;
b. Who will have title to and possession of the remainder of the original parcel; and
103
Exhibit C
Ordinance 1769 10-6
c. A signed and notarized statement from a lending institution that the creation of
the exempted parcel is necessary to secure a construction loan for buildings or
other improvements on the parcel.
4. The written statement and the instruments creating the security shall be filed at the same
time as the survey with the Clerk and Recorder.
B. Divisions made outside of platted subdivisions for the purpose of relocating common boundary
lines between adjoining properties (§76-3-207(a), MCA).
1. The proper use of the exemption for relocating common boundary lines is to establish a
new boundary between adjoining parcels of land outside of a platted subdivision,
without creating an additional parcel.
2. A certificate of survey for the relocation of common boundary lines may include five or
fewer parcels and/or lots.
3. Certificates of survey showing the relocation of common boundary lines must be
accompanied by:
a. An original deed exchanging recorded interest from every person having a
recorded interest in adjoining properties for the entire newly-described parcel(s)
that is acquiring additional land;
b. Documentation showing the need or reason for the relocation (for example:
structure encroachment, surveyor error, or enhancement of the configuration of
the property); and
c. The certificate of survey must bear the signatures of all landowners whose
parcels are changed by the relocation, and show that the exemption was used
only to change the location of a boundary line dividing two parcels, and must
clearly distinguish the prior boundary location (shown, for example, by a dashed
or broken line or a notation) from the new boundary (shown, for example, by a
solid line or notation).
4. The City makes a rebuttable presumption that a proposed relocation of common
boundary lines is adopted for the purpose of evading the Act, if:
a. The Planning Department determines that the documentation submitted
according to this section does not support the stated reason for relocation, or an
additional parcel is created.
C. Divisions made outside of platted subdivisions for the purpose of a single gift or sale in each
county to each member of the landowner’s immediate family (§76-3-207(b), MCA).
1. A member of the immediate family is the spouse of the grantor, or whether by blood or
adoption, a son, daughter, mother or father of the grantor.
2. The proper use of the exemption as a gift or sale to a member of the immediate family is
to convey one parcel of land outside of a platted subdivision to each member of the
landowner’s immediate family in each county, providing that the use of the exemption
creates no more than one additional parcel of less than 160 acres in size. Each
exemption under this section will be reviewed by the Planning Department under this
title.
3. A certificate of survey for a family transfer may include more than one exempt parcel
providing all parcels meet the criteria of this section.
4. Certificates of survey showing the creation of new parcels of land pursuant to this
exemption as a gift or sale to a member of the immediate family must be accompanied
104
Exhibit C
Ordinance 1769 10-7
by an original deed transferring interest in the parcel being created, or a statement
detailing where the deed is in escrow, how long it will be in escrow and authorization to
contact the escrow agent for verification.
5. The certificate of survey for an exemption for a family transfer must indicate the name
of the grantee, the relationship of the grantee to the landowner and the parcel to be
conveyed to the grantee.
6. The City makes a rebuttable presumption that a family transfer is adopted for the
purpose of evading this title and the Act if it is determined that one or more of the
following conditions exist:
a. The exemption would create more than one additional parcel of less than 160
acres.
b. The member of the landowner’s immediate family would have received more
than one exempted parcel in the county.
D. Divisions made outside of platted subdivisions by gift, sale or an agreement to buy and sell in
which the parties to the transaction enter a covenant running with the land and revocable only
by mutual consent of the City of Bozeman and the property owner that the divided land will be
used exclusively for agricultural purposes (§76-3-207(c), MCA).
1. An agricultural exemption is a division of land made outside of a platted subdivision by
gift, sale or agreement to buy and sell in which the parties to the transaction enter a
covenant running with the land, revocable only by mutual consent of the City of
Bozeman and the transferee/property owner, that the divided land will be used
exclusively for agricultural purposes. No building or structure requiring water or sewer
facilities shall be utilized on such a parcel.
a. A change in use of the land for anything other than agricultural purposes subjects
the division to this title and review under parts 5 and 6 of the Act.
E. For five or fewer lots within a platted subdivision, relocation of common boundaries and the
aggregation of lots (§76-3-207(d), MCA).
1. The proper use of the exemption for aggregation of lots and/or relocation of common
boundaries is the rearrangement and/or aggregation of five or fewer lots within a platted
subdivision which does not increase the total number of lots within the subdivision. The
plat shall contain the title “amended plat” and must be filed with the County Clerk and
Recorder.
2. The amended plat showing the aggregation of lots and/or relocation of common
boundary within a platted subdivision must be accompanied by:
a. An original deed exchanging recorded interest from every person having a
recorded interest in adjoining properties for the entire newly-described parcel(s)
that is acquiring additional land;
b. Documentation showing the need or reason for the relocation (for example:
structure encroachment, surveyor error, or enhancement of the configuration of
the property); and
c. The amended plat must bear the signatures of all landowners whose parcels are
changed by the relocation or aggregation. The amended plat must show that the
exemption was used only to change the location of boundary lines or aggregate
lots, and must clearly distinguish the prior boundary location (shown, for
example, by a dashed or broken line or a notation) from the new boundary
(shown, for example, by a solid line or notation).
105
Exhibit C
Ordinance 1769 10-8
3. The City makes a rebuttable presumption that a proposed aggregation of lots and/or
relocation of common boundaries within a platted subdivision is adopted for the
purpose of evading the Act if it determines that six or more lots are affected by the
proposal.
4. Any division of lots which results in an increase in the number of lots or which redesigns
or rearranges six or more lots must be reviewed as a subdivision and approved by the
City of Bozeman prior to the filing of the final plat.
F. Divisions made for the purpose of relocating a common boundary line between a single lot
within a platted subdivision and adjoining land outside a platted subdivision (§76-3-207(d),
MCA).
1. The proper use of the exemption for relocating common boundary lines is to establish a
new common boundary line between a single lot within a platted subdivision and
adjoining land outside a platted subdivision. A restriction or requirement on the original
platted lot or original unplatted parcel continues to apply to those areas.
2. A certificate of survey for the relocation of common boundary lines may include five or
fewer parcels and/or lots.
3. Certificates of survey showing the relocation of common boundary lines must be
accompanied by:
a. A original deed exchanging recorded interest from every person having a
recorded interest in adjoining properties for the entire newly-described parcel(s)
that is acquiring additional land;
b. Documentation showing the need or reason for the relocation (for example:
structure encroachment, surveyor error, or enhancement of the configuration of
the property); and
c. The certificate of survey must bear the signatures of all landowners whose
parcels are changed by the relocation, and show that the exemption was used
only to change the location of a boundary line dividing two parcels, and must
clearly distinguish the prior boundary location (shown, for example, by a dashed
or broken line or a notation) from the new boundary (shown, for example, by a
solid line or notation).
4. The City makes a rebuttable presumption that a proposed relocation of common
boundary lines is adopted for the purpose of evading the Act, if:
a. The Planning Department determines that the documentation submitted
according to this section does not support the stated reason for relocation, or an
additional parcel is created.
18.10.080 PROCEDURES FOR FILING CERTIFICATES OF SURVEY OF DIVISIONS OF
LAND ENTIRELY EXEMPTED FROM THE REQUIREMENTS OF THE ACT
A certificate of survey of a division of land entirely exempted from the requirements of this title and the
Act may be filed with the County Clerk and Recorder if it meets the requirements for form and content
for certificates of survey contained in this section and bears a certificate of the surveyor performing the
survey stating the applicable exemption from the Act.
18.10.090 CORRECTION OF ERRORS
Correction of errors may be made by the submission of a corrected certificate of survey for the Planning
Director’s approval.
106
Exhibit D
Ordinance 1769 14-1
CHAPTER 18.14
ZONING DISTRICTS AND ZONING MAP
18.14.010 USE DISTRICTS DESIGNATED, ZONING MAP ADOPTED
A. The City is divided into zones, or districts, as shown on the official zoning map(s) which,
together with all explanatory matter thereon, are adopted by this reference and declared to be a
part of this title.
B. For the purpose of this title, the City is divided and classified into the following use districts:
R-S Residential Suburban District
R-1 Residential Single-household, Low Density District
R-2 Residential Two-household, Medium Density District
R-3 Residential Medium Density District
R-4 Residential High Density District
R-O Residential Office District
RMH Residential Manufactured Home Community District
B-1 Neighborhood Business District
B-2 Community Business District
B-3 Central Business District
UMU Urban Mixed-Use
M-1 Light Manufacturing District
M-2 Manufacturing and Industrial District
B-P Business Park District
NEHMU Northeast Historic Mixed Use District
HMU Historic Mixed Use District
PLI Public Lands and Institutions District
NC Neighborhood Conservation Overlay District
EO Entryway Overlay District
CO Casino Overlay District
C. Placement of any given zoning district on an area depicted on the zoning map indicates a
judgment on the part of the City that the range of uses allowed within that district are generally
acceptable in that location. It is not a guarantee of approval for any given use prior to the
completion of the appropriate review procedure and compliance with all of the applicable
requirements and development standards of this title and other applicable policies, laws and
ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on
the part of the City to bear the cost of extending services.
D. Individual zoning districts are adopted for the purposes described in §18.02.040. A variety of
districts is established to provide locations for the many uses needed within a healthy and
dynamic community. Each district, in conjunction with other standards incorporated in this title,
establish allowable uses of property, separates incompatible uses, and sets certain standards for
use of land. This provides predictability and reasonable expectation in use of land within
particular zoning designations and sites.
107
Exhibit D
Ordinance 1769 14-2
18.14.020 OFFICIAL MAP AVAILABILITY, CERTIFICATION AND AUTHORITY -
CHANGES
A. The official maps shall be available in the Planning Department and shall bear a certificate with
the signature of the Mayor attested by the Clerk of the Commission and the date of adoption of
the ordinance codified in this title.
B. The certificate should read as follows:
This is to certify that this is an Official Zoning Map referred to in section of Ordinance
Number of the City of Bozeman, Montana.
Mayor
Attested
Date of Adoption
C. Regardless of the existence of purported copies of the official zoning maps, which may from
time to time be made or published, the official zoning maps kept in the Planning Department
shall be the final authority as to the current zoning status of land and water areas, buildings and
other structures in the City.
18.14.030 OFFICIAL MAP REPLACEMENT CONDITIONS
A. In the event that the official zoning maps become damaged, destroyed, lost or difficult to
interpret because of the nature or number of changes or additions thereto, the City Commission
may adopt and certify new official zoning maps which shall supersede the prior official zoning
maps. The new official zoning maps may correct drafting or other errors or omissions in the
prior map, but no such corrections shall have the effect of amending the original official zoning
maps or any subsequent amendment thereof.
B. If any changes to the map are made by amendment of this title in accordance with Chapter
18.70, BMC, such changes shall be made to the official zoning maps and signed, dated and
certified upon the map or upon the material attached thereto.
C. The new official zoning maps shall be identified by signature of the Mayor attested by the Clerk
of the Commission. The certificate should read as follows:
This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map
adopted as part of Ordinance Number of the City of Bozeman, Montana.
Mayor
Attested
Date of Adoption
18.14.040 BOUNDARY INTERPRETATION GUIDELINES
A. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map,
the boundaries shall be interpreted as following the nearest logical line to that shown:
1. Boundaries indicated as approximately following the centerline of streets, highways or
alleys shall be construed to follow such centerlines;
2. Boundaries indicated as approximately following platted lot lines shall be construed as
following such lot lines;
3. Boundaries indicated as approximately following City limits shall be construed as
following such City limits;
4. Boundaries indicated as following railroad lines shall be construed to be midway between
the main track(s);
108
Exhibit D
Ordinance 1769 14-3
5. Boundaries indicated as following the centerline of streams, rivers, canals or ditches shall
be construed to follow such centerlines; and
6. Boundaries indicated as parallel to or extensions of features indicated on the official
zoning map shall be determined by the scale of the map.
B. Where physical or cultural features existing on the ground are at variance with those shown on
the official zoning map, or where other circumstances or controversy arise over district
boundaries, the Planning Director shall interpret the district boundary. Such interpretation may
be subject to appeal to the City Commission.
C. Where district boundaries divide a lot or parcel into two or more districts, the entire lot or parcel
shall be deemed to have only the characteristics and uses of the most restrictive district that any
part of the lot or parcel rests within. However, for properties which lie partially within a
specified overlay district, the Planning Director may determine that overlay district regulations
shall apply only to that portion of the property lying within the specified overlay district. The
criteria for making such a determination shall include an evaluation of site topography and the
degree to which the development portion of the property lying outside of the overlay district is
integrated with the development lying within the district.
18.14.050 CLASSIFICATION OF PARTICULAR USES - PLANNING DIRECTOR AND
CITY COMMISSION AUTHORITY
A. The Planning Director shall determine the appropriate classification of a particular use. In
making this determination, the Planning Director shall find:
1. That the use is the same as one or more uses permitted in the district wherein it is
proposed to be located; or
2. That the use is so similar to one or more uses permitted in the district wherein it is
proposed to be located as to be interpreted as the same, so long as:
a. The use and its operation are compatible with the uses permitted in the district
wherein the use is proposed to be located;
b. The use will not cause substantial injury to values of property in the
neighborhood or district wherein it is proposed to be located; and
c. Neither the intent of this title nor the intent of the district will be abrogated by
such classification.
d. Persons objecting to decision of the Planning Director regarding a classification
of a use carry the burden of proof to establish error in the decision.
B. If a question arises concerning the appropriate classification of a particular use, the Planning
Director may submit the question to the City Commission to determine whether the particular
use is the same, or so similar as to be interpreted the same as a listed permitted or conditional
use. In making such a determination, the City Commission shall find that the criteria set forth in
either subsection (A)(1) or (A)(2) of this section are met.
C. If a specific use is not listed and cannot be interpreted to be the same, or so similar so as to be
interpreted the same, as a listed accessory, principal or conditional use, the use shall not be
allowed. However, an amendment to the text of this title may be submitted for review and
approval pursuant to the requirements of this title to allow such use as a listed principal,
conditional or accessory use.
18.14.060 ZONING OF ANNEXED TERRITORY
All territory which may hereafter be annexed to the City shall, in conjunction with the annexation, be
the subject of a zone map amendment in order to be designated and assigned to a City zoning district.
109
Exhibit D
Ordinance 1769 14-4
Areas of annexed public right-of-way(s) shall be considered to be zoned according to the provisions of
§18.14.040.A. The City Commission shall determine the appropriate zoning for any and all areas to be
annexed to the City but shall request a recommendation from the Zoning Commission and shall take
into consideration the Bozeman growth policy. Any ordinance adopting such zoning amendment shall
not be effective prior to the effective date of such annexation.
110
Exhibit E
Ordinance # 1769. page 16-1
CHAPTER 18.16
RESIDENTIAL ZONING DISTRICTS
18.16.010 INTENT AND PURPOSE OF RESIDENTIAL ZONING DISTRICTS
The intent and purpose of the residential zoning districts is to establish areas within Bozeman that are
primarily residential in character and to set forth certain minimum standards for development within
those areas. The purpose in having more than one residential district is to provide opportunities for a
variety of housing types and arrangements within the community while providing a basic level of
predictability. There is a rebuttable presumption that the uses set forth for each district will be
compatible with each other when the standards of this title are met and any applicable conditions of
approval have been satisfied. Additional requirements for development apply within overlay districts. All
development is subject to §18.02.050, BMC. Residential density is correlated with many community
goals and objectives that are contained in the City’s adopted growth policy, as well as many standards
and purposes of this title. Section 18.16.090 sets standards for minimum densities in residential districts
which will advance these goals, objectives, and purposes.
A. The intent and purpose of the R-S, Residential Suburban, district is to allow open space,
resource protection and primarily single-household development in circumstances where
environmental constraints limit the desirable density. All new subdivision and site plan
developments in this district shall be subject to the provisions of Chapter 18.36, BMC, Planned
Unit Development, and shall be developed in compliance with the adopted Bozeman growth
policy.
B. The intent of the R-1, Residential Single-household, Low Density district is to provide for
primarily single-household residential development and related uses within the City at urban
densities, and to provide for such community facilities and services as will serve the area’s
residents while respecting the residential character and quality of the area.
C. The intent of the R-2, Residential Two-household, Medium Density district is to provide for
one- and two-household residential development at urban densities within the City in areas that
present few or no development constraints, and for community facilities to serve such
development while respecting the residential quality and nature of the area.
D. The intent of the R-3, Residential Medium Density, district is to provide for the development of
one- to five-household residential structures near service facilities within the City. It should
provide for a variety of housing types to serve the varied needs of households of different size,
age and character, while reducing the adverse effect of nonresidential uses.
E. The intent of the R-4, Residential High Density district is to provide for high-density residential
development through a variety of housing types within the City with associated service
functions. This will provide for a variety of compatible housing types to serve the varying needs
of the community’s residents. Although some office use is permitted, it shall remain as a
secondary use to residential development. Secondary status shall be as measured by percentage
of total building area.
F. The intent of the R-O, Residential-Office district is to provide for and encourage the
development of multi-household and apartment development and compatible professional
offices and businesses that would blend well with adjacent land uses. The primary use of a lot, as
measured by building area, permitted in the R-O district is determined by the underlying growth
policy land use designation. Where the district lies over a residential growth policy designation
the primary use shall be non-office uses; where the district lies over a non-residential designation
the primary use shall be office and other non-residential uses. Primary use shall be measured by
percentage of building floor area.
111
Exhibit E
Ordinance # 1769. page 16-2
G. The intent of the RMH, Residential Manufactured Home Community district is to provide for
manufactured home community development and directly related complementary uses within
the City at a density and character compatible with adjacent development. The district is
intended to be residential in character and consistent with the standards for other forms of
residential development permitted by this title.
18.16.020 AUTHORIZED USES
A. Uses in the various residential districts are depicted in the table below. Principal uses are
indicated with a “P”, conditional uses are indicated with a “C”, accessory uses are indicated with
an “A” and uses which are not permitted with the district are indicated by a “-”.
B. Additional uses for telecommunication uses are contained in Chapter 18.54, BMC.
Table 16-1
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Accessory dwelling units8, 9 C C P P P P -
Agricultural uses on 2.5 acres or more2 P - - - - - -
Agricultural uses on less than 2.5 acres2 C - - - - - -
Apartments/Apartment Building, as defined in
Chapter 18.80 - - - - P P -
Assisted living/elderly care facilities - - - C C P -
Bed and breakfast C C- C C P P -
Commercial stable C - - - - - -
Community centers C C C C C P C
Community residential facilities (with more than
four residents) C C C P P P C
Cooperative housing C C C P P P C
Day care centers C C C P P P C
Essential services (Type I) P P P P P P P
Essential services (Type II) C - - - - - C
Extended stay lodgings C C C P P P -
Family day care home P P P P P P P
Fences A A A A A A A
Fraternity and sorority houses - - - C P P -
Golf courses C C C - - - C
Greenhouses A A A A A A -
Group day care home P P P P P P P
Guesthouses A A A A A A -
112
Exhibit E
Ordinance # 1769. page 16-3
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Home based businesses5 A/C A/C A/C A/C A/C A/C A/C
Lodging houses - - - C P P -
Offices - - - - C3 P -
Other buildings and structures typically accessory
to authorized uses A A A A A A A
Private garages A A A A A A A
Private or jointly owned recreational facilities A A A A A A A
Private storm water control facilities A A A A A A A
Private vehicle and boat storage A A A A A A A/C4
Public and private parks P P P P P P P
Manufactured homes on permanent foundations1 P P P P P P P
Manufactured home communities - - - - - - P
Medical offices, clinics, and centers - - - - C P -
Recreational vehicle parks C - - - - - P
Signs, subject to Chapter 18.52, BMC A A A A A A A
Single-household dwelling P P P P P P P
Temporary buildings and yards incidental to
construction work A A A A A A A
Temporary sales and office buildings A A A A A A A
Three- or four-household dwelling - - - P P P -
Two-household dwelling - - P P P P -
Townhouses (two attached units) P7 P7 P P P P P7
Townhouses (five attached units or less) - - - P6 P P -
Townhouses (more than five attached units) - - - - P P -
Tool sheds for storage of domestic supplies A A A A A A A
Uses approved as part of a PUD per Chapter
18.36, BMC C C C C C C C
Veterinary uses C - - - - - -
Notes:
1Manufactured homes are subject to the standards of §18.40.130, BMC.
2Agricultural uses includes barns and animal shelters, and the keeping of animals and fowl, together with their dependent young, as hereinafter set
forth per 2.5 acres: one horse or one cow; two sheep or two goats; ten rabbits; thirty-six fowl (chickens, pheasants, pigeons, etc.) or six larger fowl
(ducks, geese, turkeys, etc.). For larger parcels the Planning Director may determine that a larger number of livestock is consistent with the
requirements of this section.
3Only when in conjunction with dwellings.
113
Exhibit E
Ordinance # 1769. page 16-4
4Storage for more than three recreational vehicles or boats.
5Home based businesses are subject to the terms and thresholds of §18.40.110, BMC.
6In the R-3 district, townhouse groups shall not exceed 120 feet in total width
7In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of Title 17, Chapter 2, BMC,
Affordable Housing. May only be utilized in developments subject to Chapter 17.02, BMC,
8Not permitted on reduced size lots for work force housing as described in Chapter 17.02, BMC.
9Accessory Dwelling Units in the RS and R1 Districts, shall be permitted to be placed above garages only in subdivisions receiving preliminary plat
approval after January 1, 1997.
18.16.030 LOT COVERAGE AND FLOOR AREA
A. Maximum lot coverage by principal and accessory buildings shall be:
1. For newly created lots in the R-S district, determined through the PUD review
procedures set forth in Chapter 18.36, BMC, in compliance with the adopted Bozeman
growth policy.
a. For existing lots in the R-S district, not more than 25 percent of the lot area shall
be covered by principal and accessory buildings.
2. Not more than 40 percent of the lot area in the R-1, R-2, R-3 and RMH districts.
3. Not more than 50 percent in the R-4 district.
4. Not more than 40 percent for residential uses or 60 percent for nonresidential or mixed
uses in the R-O district.
5. In all residential zoning districts for those lots used to satisfy the requirements of
Chapter 17.02 BMC not more than 60 percent of the lot area shall be covered by
principal and accessory buildings. When a larger lot has a portion of its total dwellings
subject to the requirements of Chapter 17.02, BMC, either directly or inherited from an
previous subdivision, the portion used for those dwellings may have up to 60 percent of
the lot area covered by principal and accessory buildings.
B. Minimum floor area requirements for each dwelling in all districts shall be that area required by
the City’s adopted International Building Code.
C. The gross floor area of the unit built on a lot which was subject to the provisions of §18.42.180,
Provision of Restricted Size Lots and Units, (excluding area used for a garage) shall not exceed a
floor area ratio of 1:3.3. For example, if the lot is 5,000 square feet the square footage of the
house can not exceed 1,515, or a ratio of 1 square foot of floor area for each 3.3 square feet of
lot area.
18.16.040 LOT AREA AND WIDTH
A. All lots shall have a minimum area as set forth in the table below and are cumulative. These
minimums assume a lack of development constraints. Each lot must have a usable lot area of at
least 50% of the total minimum lot area:
Table 16-2
Lot Area Table Minimum Lot Area in Square Feet1
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling See Paragraph
C below 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001
Single-household dwelling (only for dwellings to
satisfy minimum requirements of Chapter 17.02,
BMC)7
2,7008 2,7008 2,7008 2,7008 2,7008 2,7008 2,7008
114
Exhibit E
Ordinance # 1769. page 16-5
Lot Area Table Minimum Lot Area in Square Feet1
R-S R-1 R-2 R-3 R-4 R-O RMH
Two-household dwelling - - 6,000 6,000 6,000 6,000 -
Two-household dwelling (only for dwellings to
satisfy minimum requirements of Chapter 17.02,
BMC)7
- - 2,500 2,500 2,500 2,500 -
Lot area per dwelling in three- or four-household
dwelling configurations - - - 3,000 3,000 3,000 -
Lot area per dwelling in three- or four-household
dwelling configurations (only for dwellings to
satisfy minimum requirements of Chapter 17.02,
BMC)7
- - - 2,500 2,500 2,500 -
Townhouses - - 3,0006 3,0002 3,0002 3,0002 -
Townhouses (only for dwellings to satisfy
minimum requirements of Chapter 17.02, BMC) 7 2,500 2,500 2,500 2,500 2,500 2,500 2,500
Apartments - first dwelling - - - - 5,000 5,000 -
Apartments - each dwelling after the first - - - - 1,200 1,200 -
Apartments - each dwelling after the first (only for
dwellings to satisfy minimum requirements of
Chapter 17.02, BMC) 7
- - - - 900 900 -
Additional area required for an accessory dwelling
unit3 1,0004 1,000 1,0005 1,0005 1,0005 1,0005 -
All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001
Notes:
1In order to comply with the standards contained in Title 18, lot area in excess of the required minimum may be needed; for example for corner lots,
parking, landscaping or large residential structures, and may be necessary for property adjacent to watercourses, ridgelines, or other environmental
features in order to provide an appropriate buildable area on the lot.
2For townhouse clusters the minimum average lot area per dwelling in an individual structure shall be 3,000 square feet.
3As defined in Chapter 18.80, BMC and subject to the requirements of Chapter 18.40, BMC.
4Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
5Second dwellings in accessory buildings are subject to all restrictions in this title relating to accessory buildings. Lot area and width shall be provided
as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to §18.40.030, BMC.
6Per townhouse lot.
7May only be utilized in developments subject to Chapter 17.02, BMC.
8 A larger lot size may be required to comply with the requirements of Section 17.02.050, table Mix and Price of Dwelling Units
B. All lots shall have a minimum width as set forth in the table below. These minimums assume a
lack of development constraints
Table 16-3
Lot Width Table Minimum Lot Width in Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling See Paragraph C
below 50 50 50 50 50 50
Single-household dwelling (only for
dwellings to satisfy requirements of
Chapter 17.02, BMC)
See Paragraph C
below 30 30 30 30 30 30
115
Exhibit E
Ordinance # 1769. page 16-6
Lot Width Table Minimum Lot Width in Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Two household dwelling - - 60 60 50 50 -
Accessory dwelling unit1 50 50 60 60 60 60 -
Dwellings in three- or four-household
dwelling configurations - - - 60 60 60 -
Townhouses 30 30 30 Width of interior units Width of interior units Width of interior units -
All other uses See Paragraph C
below 50 50 50 50 50 50
Notes:
1Second dwellings in accessory buildings are subject to all restrictions in this title relating to accessory buildings. Lot area and width shall be provided
as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to §18.40.030, BMC.
C. Lot Area and Width for R-S, Residential Suburban Lots.
1. Lot area and width for newly created lots in R-S districts shall be determined through the
PUD review procedures set forth in Chapter 18.36, BMC and in compliance with the
adopted Bozeman growth policy. Unless otherwise approved through the planned unit
development process, the average lot size shall be one acre.
2. Existing lots in the R-S district not utilizing a community water and/or sewer system
shall be considered nonconforming lots if less than one acre in area and/or 100 feet in
width and subject to Chapter 18.66, BMC. Existing lots in the R-S district utilizing a
community water and/or sewer system shall be considered nonconforming lots if less
than one-half acre in area and/or 100 feet in width and subject to Chapter 18.60, BMC.
D. Lot area and width may be reduced to allow a density bonus through the PUD process. Amount
of a bonus, methodology for calculating the bonus, and standards for allowing a bonus are
described in §18.36.090.E.2.b(6), BMC.
18.16.050 YARDS
A. Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are:
1. Front yard:
a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet
b. Adjacent to collector streets as designated in the Bozeman growth policy - 20
feet
c. Adjacent to local streets - 15 feet
2. Rear yard - 20 feet
a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet
3. Side yard - 5 feet; or 0 feet for interior walls of townhouses.
4. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to
a property line, unless explicitly authorized otherwise under this title.
B. Minimum yards required for the R-S district are:
1. For lots created in the R-S district prior to the effective date of these regulations:
a. Front yard - 35 feet
116
Exhibit E
Ordinance # 1769. page 16-7
b. Rear yard - 25 feet
c. Side yard - 25 feet
2. Minimum yard requirements for newly created R-S lots shall be determined through the
PUD review process.
3. All pens, coops, barns, stables or permanent corrals shall be set back not less than 100
feet from any residence or public road and not less than 50 feet from any property line.
C. When a lot has 1 or more principal buildings which are oriented to place the functional rear of a
building adjacent to a side lot line a setback from the property line equal to that for a rear yard
shall be provided.
D All yards are subject to the provisions of §18.30.060, §18.38.060, §18.42.100, §18.44.100 and
§18.48.100, BMC.
18.16.060 BUILDING HEIGHT
Maximum building height for each residential district shall be as follows:
Table 16-4
Residential Building Height Table Maximum Building Height in Feet
Roof Pitch in Feet R-S R-1 R-2 R-3 R-4 R-O RMH
Less than 3:12 24 24 24 32 34 34 24
3:12 or greater but less than 6:12 30 28 28 38 38 38 28
6:12 or greater but less than 9:12 34 32 32 40 42 42 32
Equal to or greater than 9:12 38 36 36 42 44 44 36
18.16.070 RESIDENTIAL GARAGES
Attached residential garages shall not obscure the entrance to the dwelling. Attached garages are
required to be clearly subordinate to the dwelling. A subordinate garage has two or more of the
following characteristics:
A. The principal facade of the dwelling has been emphasized through the use of architectural
features such as, but not limited to, porches, fenestration treatment, architectural details, height,
orientation or gables, so that the non-garage portion of the residence is visually dominant;
B. The facade with the garage vehicle entrance(s) is recessed at least 4 feet behind the facade of the
dwelling containing the main entry; and/or
C. The area of the garage vehicle door(s) comprise 30 percent or less of the total square footage,
exclusive of any exposed roof areas, of the principal facade of the dwelling. Principal façade shall
include all wall areas parallel to the garage door(s).
Alternative means of addressing the intent of this section will be considered. Detached garages are
encouraged when they are compatible with the existing neighborhood development pattern. Vehicular
garage access on non-principal facades and/or alleys is also encouraged.
18.16.080 ADDITIONAL RMH DISTRICT PERFORMANCE STANDARDS
Development of any parcel of land within the RMH district shall be subject to all applicable
requirements of Chapter 18.40, BMC, Standards for Specific Uses and Chapter 18.42, BMC,
Development Standards, including, but not limited to, fences, parking, signs, landscaping and home
117
Exhibit E
Ordinance # 1769. page 16-8
occupations. In addition, manufactured home communities will be subject to the following general
requirements:
A. Minimum Area for Manufactured Home Community District.
1. The minimum total RMH district area shall be no less than 10 acres unless the applicant
can show that the minimum area requirements should be waived because the waiver
would be in the public interest and that one or both of the following conditions exist:
a. Unusual physical features of the property itself or of the surrounding area such
that development under the standard provisions of this title would not be
appropriate in order to conserve a physical or terrain feature of importance to
the neighborhood or community; or
b. The property is adjacent to or across the street from property which has been
developed under the provisions of this section and will contribute to the
amenities of the area.
2. Waiver of the 10 acre minimum may only be granted by the City Commission.
18.16.090 MINIMUM DENSITY
New residential development shall provide a minimum net density. A minimum is required to support
efficiency in use of land and provision of municipal services, and to advance the purposes and goals of
this title and the adopted growth policy. Density may be achieved by averaging lot sizes over an entire
development.
A. Minimum densities are:
1. R-S – None
2. R-1, R-2, R-3, RMH – five dwellings per net acre
3. R-4 – eight dwellings per net acre
4. R-O – six dwellings per net acre when residences are the primary use of the land.
118
Exhibit F
Ordinance # 1769 30-1
CHAPTER 18.30
BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT
18.30.010 TITLE
These regulations shall be known as the Bozeman entryway corridor overlay district regulations and may
be cited as the entryway corridor regulations.
18.30.020 INTENT AND PURPOSE
A. There are several arterial corridors entering Bozeman that introduce visitors and residents alike
to Bozeman. The visual attributes of these roadways provide a lasting impression of the
character of Bozeman. It is the intent and purpose of this chapter to ensure that the quality of
development along these corridors 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 title, and by stimulating and assisting, in conjunction with other
provisions of this title, improvements in signage, landscaping, access and other contributing
elements of entry corridor appearance and function.
B. It is the intent of this chapter 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 within the entry corridors. The recommendations of the Design Review Board or
Administrative Design Review staff shall be given careful consideration in the final action of the
Planning Director or the City Commission.
18.30.030 APPLICATION OF ENTRYWAY CORRIDOR PROVISIONS
Entryway corridors shall be designated on the City’s Official Zoning Map. The provisions of this
chapter shall be applied in addition to any other applicable regulations of this title. Specifically, these
provisions shall be applied to all developments within such corridors as follows:
A. Class I. All development wholly or partially within 660 feet of the centerline of the following
roadways:
1. Interstate 90, within or adjacent to the Bozeman City boundaries, measured from the
centerline of the outside lanes of the opposing roadways and from the centerline of the
access ramps;
2. Interstate 90 frontage roads, within the Bozeman City boundaries, whether or not they
are designated frontage roads;
3. U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the Bozeman
City boundaries;
4. U.S. 191, west from Ferguson Road to the Bozeman City boundaries;
5. Nineteenth Avenue, north from Durston Road to the North 19th Avenue/Interstate 90
interchange, exclusive of the east side between Durston Road and the south boundary of
Covered Wagon Mobile Home Park; and
6. Oak Street, west from North Seventh Avenue to North Nineteenth Avenue.
B. Class II. All development wholly or partially within the lesser of one city block or 330 feet of
the centerline of the following roadways, with the exception of residentially zoned lots (no
exception for R-O district) that have no frontage upon said roadways:
1. Seventh Avenue, south from the Interstate 90 interchange to Main Street;
119
Exhibit F
Ordinance # 1769 30-2
2. Nineteenth Avenue, south from Durston Road to the Bozeman City boundary, and the
east side of Nineteenth Avenue, between the south boundary of Covered Wagon Mobile
Home Park and Durston Road;
3. Main Street, east from Broadway to Interstate 90;
4. Main Street, west from Seventh Avenue to Ferguson Road;
5. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and
east to the Bozeman City boundary;
6. Oak Street, west from Nineteenth Avenue to the east edge of Rose Park; and
7. Oak Street, east from Seventh Avenue to Rouse Avenue.
18.30.040 DESIGN REVIEW BOARD AND ADMINISTRATIVE DESIGN REVIEW STAFF
POWERS AND DUTIES WITHIN ENTRYWAY CORRIDORS
The Design Review Board and Administrative Design Review staff shall have the duties and powers
established by Chapter 18.62, BMC, within entryway corridors:
18.30.050 CERTIFICATE OF APPROPRIATENESS
A certificate of appropriateness, received from either the Planning Director or the City Commission
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, BMC, are
undertaken upon any structure in the entryway corridor. For alterations not requiring City Commission
approval, compliance with the Planning Director’s decisions will be mandatory subject to appeal to the
City Commission as set forth in Chapter 18.66, BMC. Application procedures are as follows:
A. No building, demolition, sign, conditional use permit or moving permit shall be issued within an
entryway corridor until a certificate of appropriateness has been issued by the appropriate review
authority and until final action on the proposal has been taken.
B. Application, review and public notice procedures for proposals located within entryway
corridors are set forth in Chapter 18.34, BMC, Review Procedures for Site Development;
Chapter 18.62, BMC, Development Review Committee, Design Review Board, Administrative
Design Review Staff and Wetlands Review Board; and Chapter 18.76, BMC, Noticing.
C. A denial of a certificate shall be accompanied by a written statement of reasons for the denial.
18.30.060 DESIGN CRITERIA AND DEVELOPMENT STANDARDS IN ENTRYWAY
CORRIDORS
In addition to the standards of Chapter 18.34, the following general design criteria and development
standards shall apply to all development occurring within the areas described in §18.30.030, BMC,
above:
A. The proposed development shall also comply with all applicable design standards and guidelines,
including the Design Objectives Plan for entryway corridors.
B. Setback, Parking, Building and Landscape Standards. The setback from any entryway corridor
roadway right-of-way shall be landscaped, including the screening or buffering of parking areas,
through the use of berms, depressed parking, native landscape materials surrounding and within
parking areas, or other means in order to preserve the area’s natural views.
In addition to the qualitative design standards and guidelines in the Design Objectives Plan for
entryway corridors, parking areas and buildings shall:
1. Be set back at least 50 feet from any Class I entryway corridor roadway right-of-way, or
120
Exhibit F
Ordinance # 1769 30-3
2. Be set back at least 25 feet from any Class II entryway corridor roadway right-of-way.
18.30.070 APPLICATION REQUIREMENTS FOR CERTIFICATES OF
APPROPRIATENESS IN ENTRYWAY CORRIDOR
A. Applications for certificates of appropriateness shall be made in conjunction with applications
for site plan approval, in accordance with Chapter 18.34, BMC.
B. Where development projects in the entryway corridor require only sketch plan review as per
Chapter 18.34, BMC (e.g. 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
in conjunction with an application for sketch plan review on a form provided by the Planning
Department, and shall include the information and material as set forth in Chapter 18.78, BMC.
C. The architectural designs of individual workforce housing units used to satisfy the requirements
of Section 17.02.030, BMC and meeting the requirements of Section 17.02.060.a.13, BMC are
exempt from the review requirements of this chapter. This exemption does not extend to
removal or alterations of existing structures.
18.30.080 DEVIATION FROM OVERLAY OR UNDERLYING ZONING
REQUIREMENTS
A. To accomplish the intent and purpose of this chapter it may be necessary to deviate from the
strict application of the overlay or underlying zoning requirements. Deviations from the
underlying zoning requirements may be granted by the City Commission after considering the
recommendations of the Design Review Board or Administrative Design Review staff.
B. The application for deviation shall be subject to the submittal and procedural requirements of
Chapters 18.34 and 18.78, BMC . The application shall be accompanied by written and graphic
material sufficient to illustrate the initial and final conditions that the modified standards will
produce. The City Commission shall make a determination that the deviation will produce an
environment, landscape quality and character superior to that produced by the existing
standards, and which will be consistent with the intent and purpose of this chapter, and with the
adopted Design Objectives Plan for the particular entryway corridor. Upon such a finding, the
City Commission may authorize deviations of up to 20 percent beyond or below minimum or
maximum standards respectively, as established in the underlying zoning district regulations. If
the City Commission does not find that the proposed modified standards create an
environment, landscape quality and character superior to that produced by the existing
standards, and which will be consistent with the intent and purpose of this chapter, and with the
adopted Design Objectives Plan for the particular entryway corridor, no deviation shall be
granted.
18.30.090 APPEALS
Aggrieved person, as defined in Chapter 18.80, BMC, may appeal the decision of the Planning Director
or City Commission pursuant to the provision of Chapter 18.66, BMC. In such event, the issuance of a
certificate shall be stayed until the appeal process has been completed.
121
Exhibit G
Ordinance # 1769 page 42-1
CHAPTER 18.42
DEVELOPMENT STANDARDS
18.42.010 GENERAL STANDARDS
A. Conformance. The 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 any and all amendments thereto.
B. Natural Environment. The design and development of all land uses shall be properly related to
topography, and should, to the extent possible, preserve the natural terrain, natural drainage,
existing topsoil, trees and other existing vegetation.
C. Lands Unsuitable for Development. Land which the Planning Director or City Commission 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, environmental 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 by 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 every 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:
A. The geographic center point of the neighborhood center shall be no further than 600 feet from
the geographic center point of the development. This 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. The topography of the site presents physical constraints on the property.
B. With the exception of civic and neighborhood 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 a multi-phase project is
developed. Required improvements shall be based on the definition of each feature found in
Chapter 18.80, BMC, 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 less
than 100 percent, but not less than 50 percent, of the perimeter in accordance with Section
18.50.060.
122
Exhibit G
Ordinance # 1769 page 42-2
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 property owners
or a property owners association. The property owners association could establish an
improvement district to collect assessments to pay for the maintenance.
E. Areas within 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 City Commission, after receiving a recommendation from the Bozeman
Recreation and Parks Advisory Board:
1. The area is predominantly open space with enhanced natural features, but may contain
amenities such as sidewalks, seating, drinking and ornamental fountains and public art;
and
2. The area provides active and/or passive recreation opportunities.
F. The neighborhood center may be used for limited stormwater retention/detention facilities if
reviewed and approved by the City Engineer. However, any part of the center used for
stormwater management shall not count towards park dedication requirements.
18.42.030 LOT
A. 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 Quality.
B. Division by Rights-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 provide separation of residential development 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 have 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 property lines, and shall comply with the building setback requirements of this
title.
F. Depth. Except for individual lots for individual townhomes, lots used to meet the requirements
of Chapter 17.02, BMC, and for modular lots as allowed by subsection 18.42.030.K of this
chapter, no lot shall have an average depth greater than three times its average width.
123
Exhibit G
Ordinance # 1769 page 42-3
G. Side Lot Lines. Side lot lines shall be at substantially right angles to street or road lines and
radial to curved street or road lines.
I. Frontage. Unless otherwise allowed by this title, all lots will have frontage in compliance with
§18.44.090.B, BMC to provide, among other things, adequate room for snow removal, lot access
and utility easements.
J. Civic Uses. If lots are reserved or identified for civic 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 accessory uses (i.e., stormwater management, open
space, utilities) are exempt from the provisions of this section.
18.42.040 BLOCKS
A. Size and Orientation. Blocks shall be designed to assure a high level of multimodal connectivity,
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 in 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-Way for Pedestrians. Rights-of-way for pedestrian walks, not less than 10 feet wide,
shall be required where deemed necessary to provide circulation or access to parks, open space,
schools, playgrounds, shopping centers, transportation, and other community 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. The pedestrian walks shall be maintained by the adjacent property 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, BMC shall apply.
E. Developments 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
A. Utilities shall be placed underground, wherever technically and economically 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 utility lines are used, they shall be located at the rear property line.
C. Utility facilities shall be designed by utility firms in cooperation with the developer. The facilities
are subject to all applicable laws, rules and regulations of the appropriate regulatory authorities.
124
Exhibit G
Ordinance # 1769 page 42-4
D. The developer shall provide adequate and appropriate utility easements in compliance with
§18.42.060 of this chapter.
18.42.060 EASEMENTS
A. Required Easements. Where determined to be necessary, public and/or private easements shall
be provided for private and public utilities, drainage, vehicular or pedestrian access, etc.
1. In subdivisions, all easements 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 County Clerk and Recorder’s
Office. The 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 zoning district.
B. Private Utility Easements. Private utilities include, but are not limited to, natural gas, electricity,
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 within the development.
1. General.
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 utility 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 City right-of-way, easements shall be in a location required by and
agreed upon in writing by all of the appropriate utility companies and the City
Commission.
2. Easement Size.
a. Front Yard Utility 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 utility companies providing service indicating
that front yard easements are not needed.
b. Rear Yard Utility Easements. The provision of rear yard utility easements is not
mandatory unless they are required by any or all of the utility companies to
adequately 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 Utility Easements. The provision of side yard utility easements is not
mandatory unless they are required by any or all of the utility companies to
adequately serve the development. If provided, the width of the side yard utility
easement shall be determined on a case-by-case basis based on the needs of the
utility companies.
3. Private Utility Plans.
125
Exhibit G
Ordinance # 1769 page 42-5
a. When the concurrent construction option will be used, based on the provisions
of §18.74.030.D, BMC of this title, private utility plans shall be included with the
preliminary PUD submittal.
b. Private utility plans shall be provided with any 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 utility companies is provided to the Planning Department.
C. Public Utility Easements. Public utilities include water, sewer and stormwater facilities that are
dedicated to and maintained by the City of Bozeman.
1. A public utility easement shall be granted for all public utility mains not located within
public street right-of-way. An easement shall be at least 30 feet wide for either one or
two utility mains. An additional 10 feet of width is required for each additional main
that occupies the easement. Wider easements may be required at the discretion of the
City of Bozeman for large utility lines.
2. Public utility easements shall be provided for all meter pits and fire hydrants maintained
by the City of Bozeman.
3. No permanent structures shall be placed within public utility easements unless an
encroachment permit has been obtained from the City of Bozeman.
D. Easements for Agricultural Water User Facilities.
1. 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 physical placement and unobstructed maintenance of active open
ditches or below ground pipelines. The easement shall facilitate the delivery 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 entity formed to provide for the use of the water right;
(1) The 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 irrigation facility 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 facility 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:
a. The average lot size is one acre or less and the subdivider provides for disclosure,
in a manner acceptable to the City Commission, that adequately notifies potential
buyers of lots that are classified as irrigated land and may continue to be assessed
for irrigation water delivery even though the water may not be deliverable; or
126
Exhibit G
Ordinance # 1769 page 42-6
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 points of diversions thereon is proposed to be realigned or
relocated, the developer’s professional engineer shall certify, prior to final plat or final
plan approval, 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. As 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 18.50, BMC.
18.42.070 MUNICIPAL WATER, SANITARY SEWER AND STORM SEWER SYSTEMS
A. General. All municipal water supply, 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 by §18.38.030.D, BMC, and may be required by the City to install
municipal storm sewer system facilities. These systems shall be installed in accordance
with the requirements of State Department of Environmental Quality and the City of
Bozeman, and shall conform with any applicable facilities plan. The City of Bozeman’s
requirements are contained in the Design Standards and Specifications Policy and the
City of Bozeman Modifications 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 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 any municipal water,
sanitary sewer or storm sewer system facilities.
2. The cutting of any City street shall be done in compliance with the City’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. Municipal 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 City Commission.
B. Municipal Water Supply System - Additional Requirements. Municipal water supply system
facilities shall also apply with the following requirements:
127
Exhibit G
Ordinance # 1769 page 42-7
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 by the City
Engineer and the Water and Sewer Superintendent.
2. The length of service lines from the main to the structure may not exceed 150 feet in
length, unless approved in writing by the City Engineer and Water and Sewer
superintendent.
18.42.080 GRADING AND DRAINAGE
A. 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 stormwater control plan.
The City of Bozeman’s requirements are contained in the Design Standards and Specifications
Policy and the City of Bozeman Modifications 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 City of Bozeman
and to the State Department of Environmental Quality (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. Exceptions may be granted by the City Engineer when adequate drainage facilities
are provided. All drainage plans shall comply with the requirements of the International Building
Code and International Residential Code as adopted by the City, and by 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. Any 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 serving 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. The City may require the developer to establish easements or other perpetual controls to prevent
encroachment or disruption of drainageways or facilities.
F. Stormwater facilities shall generally not occupy more than one-third of a required front yard.
G. All finish grades in landscaped areas shall comply with the provisions set forth in §18.48.050.L,
BMC.
H. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape
amenities. They shall be an organic feature with a natural, curvilinear shape. The 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 types and groupings of boulders to create a functional yet, natural site feature.
A 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.
128
Exhibit G
Ordinance # 1769 page 42-8
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 in order to protect persons and property.
A. The placement of structures shall minimize 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
supply and water distribution system.
1. National Fire Protection Association (NFPA) standards for hydrant systems shall be
met.
2. City of Bozeman’s requirements as contained in the Design Standards and Specifications
Policy and the City of Bozeman Modifications to Montana 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 mitigate the
impacts of the development on the watercourse. This mitigation may not be less restrictive than the
requirements of the Bozeman Floodplain Regulations or any other applicable regulation of this title.
The purpose of this mitigation is bank stabilization; sediment, nutrient and pollution removal; and flood
control.
A. Setback for Developments Granted Preliminary Plan or Plat Approval Prior to July 10, 2002.
These 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, immediately adjacent to the ordinary high
water mark, shall be left in 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 §18.80.2160, 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 apply to all developments granted preliminary 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, BMC, is
submitted to the City for a review subject to Chapters 18.34, 18.36 and 18.60, BMC after
July 10, 2002, the proposed development shall comply with §18.42.100.B, BMC to the
extent reasonably feasible given the existing site conditions. The final approval body for
the proposed development shall determine the extent that is reasonably 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 development.
129
Exhibit G
Ordinance # 1769 page 42-9
2. In addition to any relaxation of watercourse setbacks provided by subsection
18.42.100.B.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 by and subject to the requirements of Chapter 18.66, BMC;
b. When applicable, seeking a deviation to dimensional standards of the
watercourse setback as allowed by and subject to the requirements of Chapters
18.28, 18.30 or 18.36, BMC;
c. Combining two or more lots to assemble a larger and more usable parcel;
d. Petitioning the Montana Department of Fish, Wildlife and Parks and the Gallatin
County 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 §18.42.100.B.5, BMC, the following setback
requirements shall be met:
a. East Gallatin River. A minimum 100-foot setback shall be provided along both
sides of the East Gallatin River.
b. Sourdough/Bozeman Creek and Bridger Creek. A minimum 75-foot setback
shall be provided along both sides of Sourdough/Bozeman and Bridger Creeks.
c. Other Watercourses. A minimum 50 foot setback shall be provided along both
sides of all other watercourses.
d. All 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 in
§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) The setback shall include connected wetlands. The buffer width shall be
extended by a minimum of 50 feet beyond the perimeter of the
connected wetlands.
e. All watercourse setbacks shall be measured from the ordinary high water mark as
defined in §18.80.2160, 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 impervious 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.
5. Exceptions. The watercourse setback is divided into two zones. Zone 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.
130
Exhibit G
Ordinance # 1769 page 42-10
a. On-site stormwater treatment facilities may be located in Zone 2.
b. Trails and trail-related improvements may be placed within the required
watercourse setback subject to the following provisions:
(1) Trails, and trail-related improvements such as benches and trail signage,
may 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/interpretive signage may be
placed in Zone 1 at the terminus of spur trails;
(3) Due to topography, avoidance of wetlands, or other geographical
constraints portions of non-spur trails may need to be placed within
Zone 1. Trail construction within Zone 1, inclusive of watercourse
crossings and spur trails, per each side of the watercourse may not exceed
the length of 300 percent of the width of the applicable watercourse
setback per 500 lineal feet of watercourse;
(4) All trails must be constructed to minimize bank instability, sedimentation,
nutrient and pollution runoff. Trails shall be aligned to minimize damage
to plant and wildlife habitat; and
(5) Trails crossing the watercourse and trail-related bridge structures may be
located within all zones provided that the appropriate local, state and
federal permits are obtained.
c. Streets, sidewalks, utility lines or similar public construction may be permitted
within all zones for the purpose of crossing a watercourse or protecting public
health and safety. The following practices shall be observed:
(1) Crossings 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) A bank stabilization plan for all public construction watercourse
crossings shall be prepared and approved by the City prior to site
preparation and installation of the improvement(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 in any approved noxious weed control plan may occur in all zones.
6. Setback Planting. A setback planting plan shall be prepared by a qualified landscape
professional, and shall be reviewed and approved by 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: Zone 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
shrub for every 10 linear feet and one tree for every 30 linear feet of the
watercourse shall be required along each side of the watercourse. Grouping or
clumping of trees and shrubs as appropriate in a riparian area is encouraged.
131
Exhibit G
Ordinance # 1769 page 42-11
Species that are appropriate to the soil hydrologic conditions (wetness of soil and
depth to the water table) should be used. Tree and shrub species selected shall be
suitable for the climate and for planting in a riparian area with an emphasis on
native species. The Natural Resources Conservation Service (NRCS), the
Montana Native Plant Society and the Gallatin Local Water Quality District
(LWQD) are good sources of landscaping materials and/or landscaping
information.
b. Zone 2: Disturbed areas of Zone 2 shall be planted with new or existing native
grasses suited for the area
c. Maintenance 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 of
this title.
e. To 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 seasonally feasible or
prior to commencement of any site development or site preparation work.
f. Native shall mean those plants which are native to the Gallatin Valley.
g. Use native grasses, forbs, sedges and other herbaceous plants in areas of
disturbance (e.g. bridges, culverts, utilities installation, trails) within the
watercourse setback. Native woody plantings are required in all zones in
disturbed and undisturbed areas.
7. Except for as otherwise allowed in §18.42.100.B.5 and 6, BMC, no disturbance of soils
and existing vegetation 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 provisions do not apply to agricultural uses, including lands enrolled in the
conservation reserve 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. An agricultural use, activity 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.
A. All buildings located within a ridgeline protection area shall be set back from the ridgeline a
distance not less than 3 times its height above grade. The distance of the setback shall be
measured perpendicular from the ridgeline.
1. Exception. In the event a building permit is sought for a lot approved or created prior
to the effective date of this ordinance, January 1, 2004, the proposed development shall
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Exhibit G
Ordinance # 1769 page 42-12
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 in this title.
18.42.120 MAIL DELIVERY
If mail delivery will not be to each individual lot within the development, the developer shall provide an
off-street area for mail delivery within the development in cooperation with the United States Postal
Service. It shall not be the responsibility of the City to maintain or plow any mail delivery area
constructed within a City right-of-way.
18.42.130 FENCES, WALLS AND HEDGES
A. Location and Height. Except as provided in §18.44.100, BMC, fences, walls and hedges, in 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 any required rear or required side yard. Fences
exceeding 6 feet in 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 require a
building permit before installation may commence. Fences may not exceed 8 feet in
height.
a. A gate may be provided which defines an entrance point. The gate may have a
defining structure so long as the defining structure is not more than one foot
wide on either side of the gate. Gate structure heights may not exceed twice the
allowed fence height.
2. Do not exceed 4 feet in height in 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. Decorative post caps may exceed the height limit by no more than 1 additional
foot.
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.
B. Relation to Linear Parks. Fences located in the rear or side yard setback of properties adjoining
any 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. Any 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.
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Ordinance # 1769 page 42-13
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.
2. When electrically charged fences are used in an R-S district, such fences shall be posted
with warning signs at intervals not to exceed 150 feet where such fences are adjacent to
public rights-of-way.
E. Measuring 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.
F. “Finished” Side Out. Any 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 property.
G. Fencing of Utilities and Outdoor Storage Areas.
1. All utility substations, wells, storage facilities or other utilities shall be screened from
view by a wall, fence, hedge or landscape screen.
2. All 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 in height.
18.42.140 OFF-STREET LOADING BERTH REQUIREMENTS
A. Affected Uses. 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 truckloading or unloading berths in
accordance with the following table:
1. Any 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
For each additional 100,000 square feet 1 additional
B. Standards for Off-Street Loading Facilities. All off-street loading facilities shall conform to the
following standards:
1. The first loading berth shall be at least 70 feet in length. Additional berths required shall
be at least 45 feet in length unless certified by the property owner in writing that
additional loading activity will take place exclusively with small delivery vans in which
case the berth(s) shall be at least 25 feet in length. All 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 screening
not less than 8 feet in height.
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Exhibit G
Ordinance # 1769 page 42-14
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 forward.
4. Each loading berth shall be accessible from a street or alley or from an aisle or drive
connecting with a street or alley, without traversing a residential district.
5. The 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 alleys.
6. Bumper rails shall be provided at locations where needed for safety or to protect
property.
7. No regular repair work or servicing 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 in 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 minimum
for which loading berths are required, but the aggregate gross floor area is greater than
the minimum 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 requiring 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. At 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, BMC. 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 any off-street loading berth shall not be used to satisfy the space
requirements for any off-street parking facility.
18.42.150 LIGHTING
A. Purpose.
1. Provide lighting in outdoor public places where public health, safety and welfare are
potential concerns;
2. Protect drivers, bicyclists and pedestrians from the glare of non-vehicular light sources
that shine into their eyes and thereby impair safe travel;
3. Protect neighbors and the night sky from nuisance glare and stray light from poorly
aimed, placed, applied, maintained or shielded light sources;
4. Protect and maintain the character of Bozeman;
5. Prevent excessive lighting and conserve energy; and
6. 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 §18.42.150, BMC.
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Exhibit G
Ordinance # 1769 page 42-15
2. Unless otherwise 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
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 specifically 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 provides at least approximate equivalence to the applicable specific
requirements of this section; and
b. The lighting is otherwise 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. All street lighting shall be operated and maintained through the creation of a new
SILD, through the annexation to an existing SILD or through some other
equivalent means approved by the City of Bozeman. The application to create or
annex to an existing SILD shall be submitted to the City within 2 months of
preliminary 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 18.74.030.B, BMC.
c. Individual yard lights on private property shall not be used for street lighting.
2. Street Lights at Intersections.
a. Illumination Requirements.
(1) Single Installation. The illumination requirement for an intersection
street light, where only one light is required, shall be determined from
Table 42-2 based on the functional classification of the street upon which
the light is located.
(2) Multiple Installation. For 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 from Table
42-2 for the functional classification of the leg of the intersection with
the highest requirement.
b. Non-Signalized Intersections. A street light shall be installed at each non-
signalized street intersection with the exceptions contained in subsections (1) and
(2) below.
(1) At 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) At the intersection of two local streets a street light may be omitted if its
installation would violate the spacing criteria contained in Table 42-2.
c. Signalized Intersections. At signalized intersections where all approaches are
narrower than 50 feet, as measured to the back of curb or edge of pavement, two
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Exhibit G
Ordinance # 1769 page 42-16
street lights shall be installed on the diagonally opposite corners. At 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.
3. Spacing of Street Lights. In addition to intersection locations, street lights shall be
spaced along streets in accordance with Table 42-2.
Table 42-2
Functional Classification
Through
Lanes
Pedestrian
Conflict
Maintained Lumens
(Minimum Maintained Average Values) Spacing
Arterial 4/2 High 33000-22500 225/225
4/2 Low 22500-13500 300/275
Collector 4/2 High 22500-13500 250/225
4/2 Low 22500-8000 300/275
Local 2 Low 9500-8000 N/A1
Arterial - Commercial
Center 4/2 High 33000-22500 200/175
Collector - Commercial
Center 4/2 High 22500-13500 225/175
Local -Commercial
Center 2 High 9500-8000 150
1Street lights are only required at intersections on local streets.
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 property lines to the greatest extent possible, but
not in conflict with other utility service providers;
c. Pole spacing along a street may vary from the criteria of Table 42-2 by up to 15
percent. For the uniformity of appearance, the variance in spacing between
adjacent spans should not be more than 15 percent;
d. All proposed streets within the proposed subdivision, having a curve of 300 feet
or longer in length, shall have a street light in the middle of the horizontal curve
or as required by the City Engineer;
e. A street light shall be placed at the terminal ends of center median islands having
trees and/or other fixed objects not having a breakaway design for speeds of 25
miles per hour or greater;
f. 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. For 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 type, 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 be measured from grade
and shall comply with the requirements of Table 42-3.
Table 42-3
Maintained Lumens (Minimum Maintained Average Mounting Height
137
Exhibit G
Ordinance # 1769 page 42-17
Values)
9500-8000 25 feet
22500-9500 35 feet
33000-22500 38 feet
6. Pathway Intersection Lighting. Pathway lights shall be installed at all intersections of
pathways and streets, located within the proposed development or along existing streets
or roads abutting the development, if said intersection is located in areas other than
lighted intersections. All pathway lights shall comply with City of Bozeman
specifications.
Table 42-4
Average Horizontal Illuminance at Pathway in
Maintained Footcandles
Mixed vehicle and pedestrian 2.0
Pedestrian only 1.0
Source: Roadway Lighting (RP-8-00), Illuminating Engineering Society of North American, 2000.
D. Site Lighting.
1. Parking Lot Lighting.
Table 42-5
Basic1 Security2
Minimum Horizontal Illuminance in Maintained Footcandles 0.2 0.5
Minimum Vertical Illuminance in Maintained Footcandles 0.1 0.25
Uniformity Ratio, Maximum : Minimum 20:01 15:00
Source: Parking Lot Lighting, Illuminating Engineering Society of North American, 1998.
1Basic lighting provides for the safety of customers and employees during business hours, and for the security of on-site, outside storage of
goods and/or materials.
2Security lighting provides for the safety of employees during nonbusiness hours, and for the security of on-site, outside storage of goods
and/or materials.
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) Uniformity Ratio
Maximum : Minimum
Main Business Districts
Adjacent to roadway 10 - 20 5:01
Other rows 5 - 10 10:01
Entrances 5 - 10 5:01
Driveways 2 - 3 10:01
Secondary Business Districts
Adjacent to roadway 5 - 10 5:01
Other Rows 2.5 - 5 10:01
Entrances 2.5 - 5 5:01
Driveways 1 - 2 10:00
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Exhibit G
Ordinance # 1769 page 42-18
Source: Lighting for Exterior Environments, Illuminating Engineering Society of North
American, 1998.
4. Service Station or Gas Pump Area Lighting.
Table 42-7
Area Description
Average Illuminance on Described Area (in
Maintained Footcandles)
Approach with dark surroundings 1.5
Driveway with dark surroundings 1.5
Pump island area with dark surroundings 5
Building facades with dark surroundings 2
Service areas with dark surroundings 2
Landscape highlights with dark surroundings 1
Approach with light surroundings 2
Driveway with light surroundings 2
Pump island area with light surroundings 10
Building facades with light surroundings 3
Service areas with light surroundings 3
Landscape highlights with light surroundings 2
Source: Lighting for Exterior Environments, Illuminating Engineering Society of North American, 1998.
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 Lighting Installation and Maintenance.
a. For new installations, electrical feeds for fixtures mounted on poles shall be run
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 suitably protected by other approved means.
c. Lighting fixtures and ancillary equipment shall be maintained so as always to
meet the requirements of this ordinance.
7. Miscellaneous Site Lighting Specifications. Except as otherwise allowed in Sections E
and G, all lighting shall comply with the following requirements:
a. All 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. All 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
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Exhibit G
Ordinance # 1769 page 42-19
hours; such lighting 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 primarily through the
use of such means as cutoff fixtures, shields and baffles, and appropriate
application of fixture mounting height, wattage, aiming angle and fixture
placement.
e. All outdoor lighting shall be designed and located such that the maximum
illumination measured in footcandles at the property line shall not exceed 0.3
onto adjacent residential properties and 1.0 onto adjacent commercial properties
and public rights-of-way.
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 may only 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 any other similar lighting shall not be used to illuminate
buildings or other site features unless approved 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.
Building façade and accent lighting shall not be approved unless the light fixtures
are carefully selected, located, aimed and shielded so that light is directed only
onto the building façade and spillover light is eliminated.
(1) Directional fixtures used to illuminate flagpoles (State, United States
and/or foreign nations) may project their output beyond the flagpole.
h. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity
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 internally lit (i.e., from underneath or behind).
j. Search lights, laser source lights or any similar high-intensity 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 the 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 City 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.
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Exhibit G
Ordinance # 1769 page 42-20
F. Lighting Specifications for All 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 (Light Fixtures). Except as otherwise allowed in Sections E and G, all
luminaires shall comply with the following requirements:
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, visors, skirts, internal louvers
or hoods to redirect offending light distribution and/or reduce direct or indirect
glare.
e. The installation of any mercury vapor light fixture or lamp for use as outdoor
lighting is prohibited, except that until November 21, 2006 (the fifth anniversary
date of the effective day of this ordinance), this provision shall not apply to any
replacement bulb.
G. Historic Lighting. The City Commission may 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
development plan. The historic preservation planner shall review and approve the proposed
lighting for historic appropriateness.
H. Post Installation Inspection. The City of Bozeman reserves the right to conduct post-
installation nighttime inspections to verify compliance with the requirements of this ordinance,
and if appropriate, to require remedial action at no expense to the City.
I. Compliance Monitoring. If the City of Bozeman finds that a lighting installation creates a safety
or personal security hazard, the person(s) responsible for the lighting shall be notified in writing
and required to take remedial action within 30 days.
J. Nuisance Glare and Inadequate Illumination Levels. When the City of Bozeman finds that a
lighting installation produces unacceptable levels of nuisance glare, skyward light, excessive or
insufficient illumination levels, or otherwise varies from this ordinance, the City may notify the
person(s) responsible for the lighting and require appropriate remedial action within 30 days.
K. Nonconforming Lighting. With the exception of street lighting, security lighting fixtures or a
security lighting installation in use on January 1, 2004, that does not 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
A. 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.
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Ordinance # 1769 page 42-21
B. No storage of any type 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
shall not be subject to parking lot paving or landscape requirements, but shall be subject to
drainage detention requirements and appropriate dust control requirements.
18.42.170 TRASH AND GARBAGE ENCLOSURES
A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be
provided for every use, other than single-household dwellings, duplexes, individually owned townhouse
or condominium units, in every zoning district, except where a property is entirely surrounded by screen
walls or buildings. Trash enclosures shall be constructed so that contents are not visible from a height of
5 feet above grade from any abutting street or property. Trash enclosures shall comply with the
following regulations:
A. Location. Trash enclosures, surrounding standard steel bins (dumpsters), shall be located on the
site for convenient pickup service, 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 review and approval by the City Sanitation
Department.
B. Construction. Trash enclosures shall be constructed of solid or ornamental pierced masonry
walls or other appropriate materials, with a solid concrete floor sloped for drainage and
maintenance of sanitary conditions. Enclosures shall be architecturally 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. Exception. A garbage enclosure is not required for dumpsters accessed via an alley.
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Ordinance #1769. page 46-1
CHAPTER 18.46
PARKING
18.46.010 GENERAL PROVISIONS
Parking is one part of the overall multi-modal transportation system. Individual choice of travel mode
and development characteristics influences the need for parking. The purpose of this chapter in
requiring parking spaces is ensure provision of off-street motor vehicle parking, bicycle parking,
and other transportation access facilities in rough proportion to the generalized parking and
transportation demands of different land uses which locate at a site. Some sites such as those
that are located in close proximity to transit, have good access to pedestrian facilities or have off-
set peak uses may require less on-site parking. The purpose of these standards is to provide
functional parking areas adequate to the needs of users, create shaded areas within parking lots,
reduce glare and heat build-up, reduce stormwater surges, provide visual relief within paved
parking areas, emphasize circulation patterns, avoid the negative impacts associated with
spillover parking into adjacent neighborhoods, while at the same time avoiding the negative
environmental and urban design impacts that can result from excessive parking lots and other
vehicular use areas, and enhance the visual environment. The provisions of this chapter are also
intended to help protect the public health, safety, and general welfare by: helping avoid and
mitigate traffic congestion; encouraging multi-modal transportation options and enhanced
pedestrian safety; providing methods to reduce the amount of impervious surfaces in parking
areas and adequate drainage structures in order to reduce the environmental impacts of storm
water runoff; encouraging paving or alternate means of surfacing of parking areas in order to
address dust abatement and improve air quality; and providing flexible methods of responding to
the transportation and access demands of various land uses in different areas of the city. In
achieving these purposes this chapter interacts with the requirements of Chapter 18.48, BMC.
The design of off-street parking shall primarily be the responsibility of the developer and shall
consider traffic circulation, intended landscaping, pedestrian access and circulation, and other
purposes of this title. A. Floor Area.
1. The 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, BMC. However, at the election of the property owner, floor area shall mean the
gross floor area, as defined in Chapter 18.80, BMC, minus the following:
a. Window display areas;
b. Storage areas;
c. Areas used for incidental repair of equipment used or sold on the premises;
d. Areas occupied by toilets and restrooms, 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 stairways and elevators; and
h. Corridors connecting rooms or suites of rooms; and
i. Enclosed areas used for parking vehicles.
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
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Exhibit H
Ordinance #1769. page 46-2
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 §18.46.040 of this chapter will be the
total of the spaces required for the component activities of certain uses, each calculated
separately.
B. Change of Use or Occupancy of Buildings. With any change of use or occupancy of any
building or buildings an occupancy permit is required. When the change in use or occupancy
requires more than a 10% cumulative increase in parking over that required with the initial
building construction, an occupancy permit shall not be issued until such additional parking
spaces, in the amount required by this title, are provided for.
C. Improvement Schedule. All parking area improvements to include surfacing, drainage, 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 and condominium 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 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 driveway and dividing the garage
entrance. Generally, not more than two cars may be stacked. When stacking is allowed, not more
than two vehicles may be stacked within an enclosed parking area.
E. No Parking Permitted in Required Front or Side Yards. Required parking spaces shall not be
located in any required front or side yard, except that detached single household dwellings and
townhouses, and duplexes with physically separated individual driveways, may have one space
located within a driveway area in the required front yard for each parking space located directly
in front of the driveway area and outside of the required front yard.
F. Parking is permitted within required rear yards.
18.46.020 STALL, AISLE AND DRIVEWAY DESIGN
A. Parking Dimensions. The following shall be the minimum parking space dimensions: See also
Figure 18.46.020, Appendix A.
Table 46-1
Width1 Length
Angle Standard Disabled6 Compact5
Standard Disabled Compact5
Aisle
Width
90 9' 13' 8' 18/202 18/202 16' 263
60 9' 13' 8' 18/202 18/202 16' 18/234
45 9' 13' 8' 18/202 18/202 16' 15/234
Notes:
1As measured by a line perpendicular to the stall line at a point on the outside end of the stall, except when the stall is on the inside edge of a curve,
in which case the point of measurement shall be on the inside end of the stall.
2Eighteen feet if measured from a curb on the inside edge of the stall; 20 feet if measured from a painted line on the inside edge of the stall. Stall
length variations are subject to approval by the City Engineer.
3For 90-degree parking, aisles are two-way;
4First number refers to one-way traffic and the second number to two-way traffic. If the aisle is needed as a fire lane, a 20-foot minimum is required.
144
Exhibit H
Ordinance #1769. page 46-3
5Unless otherwise approved, all parking spaces shall be of standard width and length. In any parking facility containing 20 or more parking spaces,
a maximum of 25 percent of the provided parking spaces may be reduced in size for small cars, provided these spaces shall be clearly identified with
a sign permanently affixed immediately in front of each space containing the notation, “Compacts Only.” Where feasible, all small car spaces shall
be located in one or more contiguous areas and/or adjacent to ingress egress points within parking facilities. Location of compact car parking spaces
shall not create traffic congestion or impede traffic flows.
6The first disabled accessible parking stall shall meet the standards of 18.46.040.D.2.a.
7If parking stalls within the interior of an individual residential garage are counted toward a development’s required parking needs, then 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 clear on all exterior
sides of the stall.
B. Within Structures. The off-street parking requirements may be furnished by providing spaces so
designated within the principal building or accessory parking structure. However, no building
permit shall be used to convert the parking structures into a dwelling unit or living area or other
activity until other adequate provisions are made to comply with the required off-street parking
provisions of this title.
C. Circulation Between Bays. 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 alley.
Turning radii between bays and additional backup length for dead end aisles shall conform with
requirements of the Uniform Fire Code.
D. Backing Requirements. All required parking must have adequate back-up maneuverability as
specified in Table 46-1. The aisle width calculation may incorporate the width of the public
right-of-way. Except in the case of one- to four-household dwellings and individual townhouse-
style 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 alley is prohibited.
E. 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. All proposed
parking areas and driveway improvements shall require a grading and drainage plan approved by
the City Engineer. Areas 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 City Engineer. Surfacing methods which minimize 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 City agreeing
that the lot shall be paved within nine months of the time an adjacent roadway is
paved.
G. Striping. All parking stalls shall be marked with white or yellow painted lines not less than 4
inches wide, except for one- to three-household dwellings and individual townhouse units. An
145
Exhibit H
Ordinance #1769. page 46-4
exception to this requirement may be approved by the City when the striping would otherwise
be applied to an area that does not have a permanent and durable wearing surface.
H. Lighting. Any lighting used to illuminate an off-street parking area shall comply with the lighting
standards of §18.42.150, BMC.
I. Signs. No sign shall be so located which restricts the sight lines and orderly operation and traffic
movement within any parking area. All signs shall conform to the requirements of Chapter
18.52, BMC.
J. Parking Lot Curbing.
1. All 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 City 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 City Engineer to control drainage and soil
erosion.
3. Alternative perimeter treatment may be permitted subject to the approval of the City
Engineer.
4. Requirements for perimeter curbing shall not preclude opportunities for shared access
between adjacent parking lots.
K. Protruding Vehicles. All onsite parking stalls which abut property 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 in 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.
M. 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 to damage
landscaping. All snow removal storage areas shall be located and designed such that the resultant
stormwater runoff is directed into landscaped retention/detention and water quality
improvement facilities as required by the Engineering Department, or in compliance with any
adopted storm drainage ordinance or best practices manual.
N. Parking and Stacking for Drive In/Drive Through Facilities. Required parking and stacking
spaces for waiting automobiles shall provide a minimum of 2 stalls and 6 spaces for stacking per
lane unless a traffic summary shows that fewer spaces may be required. These spaces shall not
in any manner inhibit on-site or off-site vehicular circulation.
O. Ownership/Leasehold. Required parking lots shall be owned or leased by the owner or lessee of
the building or use being served by such parking. Such parking lots shall be maintained as a
parking lot 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
146
Exhibit H
Ordinance #1769. page 46-5
Engineering Department, or in compliance with any adopted storm drainage ordinance and/or
best practices manual adopted by the City.
Q. Mechanical Automobile Lifts. Mechanical automobile lifts may be used to meet required parking
when the mechanical automobile lift design allows for access to a specific car on demand.
Parking spaces within the lift may be counted towards the required parking requirement. The
mechanical automobile lift shall be fully enclosed in a structure.
18.46.030 MAINTENANCE OF PARKING AREAS
It shall be the joint and separate responsibility 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.
A. Use of Required Parking Areas 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. All 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 §18.46.040, BMC below.
18.46.040 NUMBER OF PARKING SPACES REQUIRED
The following minimum number of off-street, paved parking spaces for motor vehicles and bicycles
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 the fractional space is not required to be provided.
A. Residential Uses.
1. Minimum Requirements. The number of spaces shown in table 46-2 shall be provided
subject to the adjustments allowed in this subsection. The number of disabled parking
stalls as required by table 46-6 shall be provided from the minimum number of required
parking stalls. All site plans submitted for permit purposes shall identify parking space
allocations. Fees may be charged by the landowner for the use of required parking
spaces.
a. One parking space for each 24 uninterrupted linear feet of available street
frontage usable for on-street parking directly 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. The
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
Dwelling Types Parking Spaces Required per Dwelling
Accessory dwelling unit 1
Lodginghouse .75 spaces per person of approved capacity
Efficiency unit 1.25
One-bedroom 1.5
Two-bedroom 2
Three-bedroom 3
Dwellings with more than three bedrooms 4
147
Exhibit H
Ordinance #1769. page 46-6
Dwelling Types Parking Spaces Required per Dwelling
Group homes and community residential facilities .75 spaces per person of approved capacity1
Bed and breakfast 1 space/rental unit
Manufactured Home 2
All types of dwellings within the B-3 district 1
1 A facility may request to provide fewer parking spaces if they provide evidence that the residents are prohibited from operating motor vehicles.
Under no condition shall less than two parking spaces be provided. If the use of the facility is altered to serve a different population who may operate
motor vehicles, then the additional required parking shall be provided before the change is use may occur.
2. Adjustments to Minimum Requirements.
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 years 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
purpose of this section a building is considered mixed-use if the non-residential
portion of the building is at least one-quarter of the gross square feet not used
for parking. Residences in mixed-use buildings may count on-street parking per
Section 18.46.040.A.1.a even if the area is subject to occupancy time limits. 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 a mixed-use
project the amount of parking may be reduced subject to Table 46-3.
Table 46-3
Reduction Allowed Ratio of Required Non-Residential to Required
Residential Parking Spaces
50% Greater than 1:1 but Less than 3:1
100% Equal to or greater than 3:1
c. A car-sharing agreement meeting the criteria established by the Planning
Director may be used to meet the required number of parking spaces. To use this
option the development must have more than five dwelling units. Each vehicle
provided through a car sharing agreement counts as required parking at a ratio of
one dedicated car-share space to 5 standard spaces, up to a maximum of 50% of
the total required residential parking.
d. Transit Availability. A residential development subject to site plan review may
take a 10 percent reduction in required parking spaces where the development is
within 800 feet of a developed and serviced transit stop. For the purpose of this
subsection a transit stop is eligible when it has a shelter installed which meets the
standards of and is approved by the transit provider, and service is provided on
not less than an hourly schedule a minimum of five days per week.
B. Nonresidential Uses.
148
Exhibit H
Ordinance #1769. page 46-7
1. Minimum Requirements. The number of spaces shown in table 46-4 shall be provided
subject to the adjustments allowed by this chapter. Spaces are not required to be
provided free to the user. The required number of disabled parking stalls required by the
American’s with Disabilities Act Accessibility Guidelines (ADAAG) shall be provided
shall be provided from the minimum number of required parking stalls. Table 46-6
presents the most common requirement for accessible spaces. Accessible spaces count
towards satisfying minimum parking requirements. All site plans submitted for permit
purposes shall identify parking space allocations. When a use is not included in table 46-
3, the Planning Director shall determine the appropriate classification for the purpose of
required parking.
2. Maximum Parking. Provision of parking spaces in excess of 125 percent of the
minimum number of spaces required for the net floor area in §18.46.040.B, BMC
is not permitted.
Table 46-4
Use Type Off-Street or Off-Road Parking Spaces Required
Automobile sales 1 space per 200 square feet of indoor floor area; plus
1 spaces per 20 outdoor vehicle display spaces
Automobile service
and/or repair station 2 spaces per service stall, but no less than 4 spaces
Automobile washing
establishment
a. Automatic
drive-through
b. Self-service
a. 3 spaces or 1 for each employee on maximum shift; plus stacking
space
b. 2 spaces per stall not including washing or drying spaces
Bank, financial
institutions 1 space per 300 square feet of floor area
Bowling alley
2 spaces per alley; plus
2 spaces per billiard table; plus
Church
1 space per six persons of maximum occupancy load (as identified in the
International Building Code) for main assembly hall, public assembly areas and
classrooms
Community or
recreation center 1 space per 200 square feet of floor area
Health and Exercise
Establishment
1 space per 200 square feet of floor area; plus
3 spaces per court
Day care centers 1 space per staff member plus 1 space per 15 children permitted
Elderly (senior citizens)
housing 1 space per unit
Furniture stores over
20,000 square feet 3 spaces per 1,000 square feet of floor area
Golf courses
1 space per 200 square feet of main building floor area; plus
1 space for every 2 practice tees in driving range; plus
4 spaces per each green in the playing area
Hospitals 1 space per bed
Medical and dental
offices
4 spaces for each full time equivalent doctor or dentist; plus
1 space for each full time equivalent employee
Manufacturing and
industrial uses
1 space per 1,000 square feet of floor area, plus
1 space per 2 employees on maximum working shift
149
Exhibit H
Ordinance #1769. page 46-8
Use Type Off-Street or Off-Road Parking Spaces Required
Motels, Hotels
Restaurants, bars,
dining rooms
b. Commercial area
c. Public assembly
areas
1.1 spaces per each guest room; plus
1 space per employee on maximum shift; plus spaces for accessory uses as
follows:
a. 1 space per 60 square feet of floor area
b. 1 space per each 400 square feet of floor area
c. 1 space for each 5 seats based upon design capacity, except that total off-street
or off-road parking for public assembly may be reduced by 1 space for every 4
guest rooms
Nursing homes, rest
homes or similar uses
4 spaces; plus
1 space for each 3 beds; plus
1 space for each employee on maximum shift
Offices (except medical
and dental) 1 space per 250 square feet of floor area
Outdoor sales (plant
nurseries, building
materials, equipment
rental and similar)
1 space per 500 square feet of sales and /or display area. The size of the sales
and/or display area shall be determined on a case by case basis.
Restaurants, cafes, bars
and similar uses
1 space per 50 square feet of indoor public serving area; plus 1 space per 100
square feet of outdoor (patio) area
Retail store and service
establishments 1 space per 300 square feet of floor area
Sales sites; model
homes 1 space per 250 square feet of model floor areas; plus 1 space per employee
Schools
Elementary and/or
Junior High
1.5 spaces for each classroom, library, lecture hall and cafeteria; plus 1 space for
each 3 fixed seats in the area of public assembly, or 1 space for each 25 square
feet of area available for public assembly if fixed seats are not provided
Schools
a. Senior High
b. Business or similar
school
a. 1.5 spaces for each classroom or lecture hall; plus 1 space per each 5 students;
plus 1 space for each non-teaching employee; plus 1 space per each 3 fixed seats
in the area of public assembly, or 1 space per 25 square feet of area available for
public assembly if fixed seats are not provided
b. 1 space for each 1.5 students
Theater, Auditorium or
similar 1 space per 4 seats based upon place of assembly design capacity
Warehousing, storage or
handling of bulk goods
1 space per 1,000 square feet of floor area devoted to storage of goods; plus
appropriate spaces to support accessory office or retail sales facilities at 1 space
per 350 square feet of floor area
3. Adjustments to Minimum Requirements. To implement the City’s adopted growth
policy, 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 §18.46.050 and §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. More than one adjustment may apply. Multiple adjustments
are added together to modify the minimum required parking from Table 46-4 in a single
operation. Multiple adjustments are not applied sequentially.
a. Neighborhood Commercial. Within the B-1 and R-O zoning districts
implementing a small scale Community Commercial Mixed Use growth policy
designation or the B-3 zoning district, the parking requirements for non-
residential uses may be reduced.
Table 46-5
Use Allowable Reduction
Retail 40 percent
Restaurant 50 percent
Office 20 percent
150
Exhibit H
Ordinance #1769. page 46-9
All Others 30 percent
b. Community Commercial. Within zoning districts lying within a commercial node,
as defined in Chapter 18.80, the parking requirements for nonresidential uses
may be reduced.
Table 46-6
Use Allowable Reduction
Retail 20 percent
Restaurant 30 percent
Office 10 percent
All Others 10 percent
c. Transit Availability. Required parking may be reduced by 10 percent in
circumstances where the development is within 800 feet of a developed and
serviced transit stop. For the purpose of this subsection a transit stop is eligible
when it has publicly available cover from weather approved by the transit
provider to be equivalent to a transit shelter, and service is provided on not less
than an hourly schedule a minimum of five days per week.
d. Structured Parking. An additional 15 percent reduction may be taken when the
site is within 800 feet of a parking structure of at least 200 spaces, which is
available to the general public, and for which a fee for parking is charged.
e. The first 3,000 gross square feet of a non-residential building within the B-3
district is not required to provide parking.
C. Exceptions to These Parking Requirements. 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 community’s appearance could
benefit from additional landscaping, streetscaping and sculptural elements; and because parking
exceptions and/or landscaping would encourage development within existing City boundaries;
the following alternatives may be permitted. These alternatives may be proposed by 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 vicinity of the proposal.
1. Landscaping in Lieu of Parking. Except in the B-3 district, property 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 property 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 by the ADR staff. These
improvements must be placed in the public right-of-way or yards directly facing the
right-of-way.
2. Cash-in-Lieu Modifications to Parking Requirements in 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:
151
Exhibit H
Ordinance #1769. page 46-10
a. No building permit shall be issued, nor shall any use of property be initiated,
unless a satisfactory cash-in-lieu payment is received by the Department of
Finance;
b. The Parking Commission shall review and consider all requests for cash-in-lieu
payments and furnish a written and dated certificate, signed by the Parking
Commission Chairman, authorizing cash-in-lieu payments. A copy of this
certificate shall be presented to the Chief Building Official and Planning Director
before a building permit is issued or the use instituted;
c. For each required parking space not provided, payment shall be made to the City
Finance Department as specified by standard payment requirements established
by the Bozeman Parking Commission;
d. All real property assessed by 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 beyond those required at the time of the SID adoption, provided
the use of the real property 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 property 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.
1. Disabled parking spaces shall be provided subject to federal standards enumerated in the
Americans with Disabilities Act (ADA) dated January 26, 1992, and Federal Standard
795, (Uniform Federal Accessibility Standards) dated April 1, 1988, Chapter 4
(Accessible Elements and Spaces: Scope and Technical Requirements). Each disabled
parking space shall also be accompanied by a sign stating “Permit Required $100 Fine”.
See Figure 18.46.040.D in Appendix A.
2. All parking 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 in theADAAG. The table below addresses the majority of
circumstances:
Table 46-7
Total Parking
in Lot
Required Minimum Number of
Accessible Spaces
Total Parking
in Lot
Required Minimum Number of
Accessible Spaces
1 to 25 1 201 to 300 7
26 to 50 2 301 to 400 8
51 to 75 3 401 to 500 9
76 to 100 4 501 to 1000 2 percent of total
101 to 150 5 1001 and over 20 plus 1 for each 100 over 1000
151 to 200 6
a. The first 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.”
152
Exhibit H
Ordinance #1769. page 46-11
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 accessible
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 minimum number of accessible parking spaces shall be in addition to any
other required parking spaces.
3. All accessible parking spaces shall be designated as reserved for the disabled by a sign
showing the symbol of accessibility at each space. Such signs shall not be obscured by 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 in
Appendix A.
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 Planning
Department.
4. Provision of an accessible path of travel from each disabled accessible parking space to
the entrance of the facility shall include ramped access where necessary 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 design features that would
restrict, inhibit or unreasonably impede the movement of a physically disabled individual.
a. The least possible slope shall be used for any ramp. The maximum slope of a
ramp in new construction shall be 1: 12, cross slopes shall not exceed 0.25 inch
per foot. The maximum rise for any 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.
6. Prior to occupancy, the applicant or their representative shall certify compliance with the
requirements of subsection D of this section.
E. Bicycle Parking Required. All site development, exclusive of those qualifying for sketch plan
review per Chapter 18.34, BMC, shall provide bicycle parking facilities to accommodate bicycle-
riding 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 Tables 46-2 and 46-4 before the use of any special exception or modification but
shall in no case be less than two.
1. Bicycle parking facilities will be in conformance with standards recommended City’s
long range transportation plan.
2. Required bicycle parking 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 in a common area to serve multiple buildings. The
common area must be within 100 feet of each served building.
4. Covered bicycle parking is encouraged.
153
Exhibit H
Ordinance #1769. page 46-12
18.46.050 JOINT USE OF PARKING FACILITIES
A. Up to 80 percent of the non-residential parking spaces required by this chapter may be provided
through shared parking.
B. Shared parking may be requested if parking can be provided to serve two (2) or more individual
land uses without conflict or encroachment. The 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. At 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, quantity 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. The study must
indicate that adequate parking exists to meet the demand of potential uses served as well
as meet technical requirements as specified by the Planning Director.
2. The parties sharing parking spaces shall enter into a long-term joint use agreement
revocable with City Commission approval, running with the term of the designated uses.
C. Conditions Required for Joint Use.
1. The building or use for which application is being made to utilize the off-street parking
facilities provided by another building or use shall be located within 1,000 feet of such
parking facilities as measured by the route of travel from the nearest parking space to the
commonly used entrance of the principal use served;
2. The applicant shall show that there is no substantial conflict in the operating hours of
the two buildings or uses for which joint use of off-street parking facilities is proposed;
and
3. A properly drawn legal instrument, executed by the parties concerned for joint use of
off-street parking facilities, duly approved as to form and manner of execution by the
City Attorney, shall be filed with the City Clerk and recorded with the County Clerk and
Recorder.
18.46.060 OFF-SITE PARKING
Any off-site parking which is used to meet the requirements of this title shall be reviewed by the
Planning Director for compliance with this title and shall be subject to the conditions listed below.
A. Off-site parking shall be developed and maintained in compliance with all requirements and
standards of this title;
B. Reasonable continuous pedestrian and vehicle access from off-site parking facilities to the use
being served shall be provided;
C. Off-site parking for one-household and two-household dwellings shall not be permitted;
D. Off-site parking for multiple household dwellings shall not be located more than 100 feet from
any commonly used entrance of the principal use served;
E. Off-site parking for nonresidential uses shall not be located more than 1,000 feet from the
entrance of the principal use. The distance shall be measured on a pedestrian route of travel
such as a sidewalk or City standard trail from the nearest parking space to the entrance of the
principal use served; and
F. Any 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 City
Commission approval, running with the term of the designated use, for parking utilization of the
off-site location.
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Exhibit I
Ordinance # 1769: page 50-1
CHAPTER 18.50
PARK AND RECREATION REQUIREMENTS
18.50.010 GENERAL
Except as provided in §18.50.020.B of this chapter, all subdivisions and residential developments subject
to Chapter 18.34, BMC, shall comply with the provisions of this chapter.
18.50.020 PARK AREA AND OPEN SPACE REQUIREMENTS
A. The area required by §18.50.020.A shall be provided. The required area or its equivalent may be
provided by any combination of land dedication, cash donation in-lieu of land dedication, or an
alternative authorized by §18.50.100, BMC, subject to the standards of this title.
1. When the net residential density of development is known, three-one-hundredths (0.03)
acres per dwelling unit of land shall be provided.
a. When the net residential density of development is known at the time of
preliminary plat and net residential density is in excess of eight dwellings per
acre, the requirement for dedication for that density above eight dwellings per
acre shall be met with a cash donation in-lieu of the additional land unless
specifically determined otherwise by the City Commission.
b. These requirements are based on the community need for parks and the
development densities identified in the growth policy and this title.
c. Net residential density of development is known when a plat or site plan depicts
a set number of lots and the final number of residential units at full buildout can
be reasonably determined.
d. The required area dedication or its equivalent shall not be required for any
residential density in excess of the following:
(1) For development within the R-1, R-2, and R-MH zoning districts, the
maximum net residential density shall be 10 dwellings per acre.
(2) For development within the R-3, R-4, and R-O zoning districts, the
maximum net residential density shall be 12 dwellings per acre.
(3) For development within other zoning districts not previously specified
and developed for residential uses, the maximum net residential density
shall be 12 dwellings per acre.
OR
2. If net residential density of development is unknown, .03 acres per dwelling of land
dedication or its equivalent shall be provided as follows:
a. For initial subdivision or other development:
(1) For development within the R-1, R-2, and R-MH zoning districts an area
equal to that required for six dwellings per net acre.
(2) For development within the R-3, R-4, and unless legally restricted from
residential uses R-O zoning districts, an area equal to that required for
eight dwellings per net acre.
(3) For development within other zoning districts not previously specified
and which are intended for residential development, the equivalent to an
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Exhibit I
Ordinance # 1769: page 50-2
area dedication for six dwellings per net acre shall be provided as cash-in-
lieu.
b. For subsequent development when net residential density becomes known, the
net residential density per acre shall be rounded to the nearest whole number and
applied as follows:
(1) For development within the R-1, R-2, and R-MH zoning districts the
land area equivalent for the additional net residential density not to
exceed a total, including prior dedications, of 10 dwellings per acre shall
be provided as cash-in-lieu.
(2) For development within the R-3, R-4, and R-O zoning districts the land
area equivalent for the additional net residential density not to exceed a
total, including prior dedications, of 12 dwellings per acre shall be
provided as cash-in-lieu.
(3) For development within other zoning districts not previously specified
and developed for residential uses for the additional net residential
density not to exceed a total, including prior dedications, of 12 dwellings
per acre shall be provided as cash-in-lieu.
3. Applicability to Site Plans. Section 18.50.020.A.2, BMC, shall not apply to subsequent
site plan development located within major subdivisions which received preliminary plat
approval after July 1, 1973 and which received final plat approval prior to October 1,
2005.
4. Special Case. The City has established Chapter 17.02, BMC to encourage the provision
and development of affordable housing.
a. The minimum number of workforce housing units required to comply with
Chapter 17.02, BMC are exempt from the parkland dedication requirements of
this chapter. Dwellings resulting from the density bonus provisions of Section
17.02.060.A are exempt from the parkland dedication requirement. Workforce
housing units in excess of the minimum number shall provide parkland on the
same basis as other development.
b. The parkland requirement for development not otherwise exempted from
dedication requirements shall be reduced by a 1:1 ratio based on the minimum
required square footage of the lot area necessary to provide minimum
compliance with Chapter 17.02, BMC. For example, if 50,000 square feet of lots
for workforce housing units are required then there shall be a reduction in the
required parkland area of 50,000 square feet.
(1) If the developer chooses to develop more than the required number or
area of workforce housing unit lots, the additional lot area square footage
above the minimum required shall not further reduce the parkland area.
(2) The reduction of parkland shall be allowed for WHUs and/or lots
provided offsite of the responsible development but only to the extent of
the required WHU lot area for the development applying for this
parkland offset and only applied on the site of the development applying
for the parkland offset.
c. The reductions in parkland dedication to conform with Chapter 17.02, BMC may
not reduce the development’s parkland requirements below the minimum
established by Section 76-3-621, MCA.
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B. Exceptions. Land dedication or cash donation in-lieu of land dedication shall not be required
for:
1. A minor subdivision.
2. Land proposed for subdivision into parcels larger than 5 acres.
3. Subdivision into parcels which are all nonresidential.
4. A subdivision in which parcels are not created, except when that subdivision provides
permanent multiple spaces for recreational camping vehicles or manufactured homes.
5. A subdivision in which only one additional parcel is being created.
6. An application reviewed under §18.34.050, BMC.
C. Development on land initially exempted from park dedication is required to provide park
dedication if further development of the site does not continue to meet the criteria for
exemption.
D. Residential site plans:
For residential site plans unless otherwise provided through the subdivision or planned unit
development review process, is an amount of park land or its equivalent equal to that
required by §18.50.020, BMC for the proposed number of dwelling units set aside within
the project boundaries, and configured for active recreational use by the residents of the
project; or has the developer proposed to provide its equivalent as may otherwise be
allowed by this title.
E. Residential site plans open space requirement: Site plans containing five or more dwelling units
shall provide on-site open space for the use of the residents. The area to be provided is
calculated only for those dwellings which do not have ground floor access to a landscaped rear
yard. Open space shall be provided at a rate of 150 square feet per dwelling unit for dwellings
with 2 or more bedrooms, and 100 square feet per dwelling unit for studio and one bedroom
dwellings. All landscaped areas, public plazas or common green roof decks shall be considered a
“commons” and be accessible to all residents of the site. The requirement may be met through
the use of any of the following options. Options may be combined to satisfy the area
requirement.
1. Landscaped. The required area shall:
a. Be configured in areas of not less than 600 square feet in area, and
b. Have at least one minimum dimension of 25 feet. Upon a showing that a
superior design will result, the City may allow up to a 20% reduction in the
minimum dimension so long as the space does not exceed a length to width
ration of 1 to 3, and
c. Have a slope of 10 percent or less, and
d. Not have non-recreational structures or detention/retention ponds; and
e. Provide the equivalent seating area of two benches, each four feet in length,
which do not obstruct its use, and
f. Area(s) shall be centralized within the project with a clear pedestrian connection
from all served dwelling unit, or.
g. Properties adjacent to a park, trail or other open space amenity shall be
configured in such a manner as to complement and relate to the adjacent open
space facilities, and
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Exhibit I
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2. Common plaza or common green roof deck. Area provided through this means may be
used to meet the performance requirements of Chapter 18.48, Landscaping, BMC. The
required area shall:
a. Meet a minimum size of 225 square feet, and
b. Have a minimum dimension of 15 feet. Upon a showing that a superior design
will result, the City may allow up to a 20% reduction in the minimum dimension
so long as the space does not exceed a length to width ration of 1 to 3, and
c. Be fully surfaced with scored concrete, architectural pavers, or other alternative
high quality surfacing, and
d. Area must have a slope of 2% or less.
e. Provide one of the following:
(1) Option 1, a minimum of two benches and two permanent irrigated
planters with a cumulative area of not less than 40 square feet.
(2) Option 2, two benches and a shade structure that would cover 50% of
the plaza area.
(3) Option 3, a fountain of at least 10 square feet with integrated seating
around fountain perimeter; or
f. For green roof deck credit the area shall include 25% of the surface planted with
rooftop landscaping (trays or full depth soil).
3. Private patio or private green roof deck. The required area shall:
a. Have a minimum dimension of 8 feet. Upon a showing that a superior design
will result, the City may allow up to a 20% reduction in the minimum dimension
so long as the space does not exceed a length to width ration of 1 to 3, and
b. Be surrounded by minimum 18” masonry screen wall.
c. Green roof deck shall include 25% of the surface planted with rooftop
landscaping (trays or full depth soil).
4. Private individual balconies shall have minimum dimensions of 6 feet by 6 feet.
18.50.030 CASH DONATION IN-LIEU OF LAND DEDICATION
A. The City Commission may determine whether the park dedication must be a land dedication,
cash donation in-lieu of land dedication or a combination of both. When making this
determination, the City Commission shall consider the following:
1. The desirability and suitability of land for parks and playgrounds based on size,
topography, shape, location or other circumstances; and
2. The expressed preference of the developer.
B. When a combination of land dedication and cash donation in-lieu of land dedication is required,
the cash donation may not exceed the proportional amount not covered by the land dedication.
C. Cash donation in-lieu of land dedication shall be equal to the fair market value of the amount of
land that would have been dedicated. For the purpose of these regulations, the fair market value
is the value of the unsubdivided, unimproved land after it has been annexed and given an urban
zoning designation. The City intends to obtain the highest value for cash-in-lieu of parkland
that is allowable under Montana law.
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Exhibit I
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1. It shall be the responsibility of the developer to provide an appraisal of the fair market
value by a certified real estate appraiser of their choosing. The appraisal fee shall be the
responsibility of the developer.
2. When a land value must be established for cash-in-lieu of land dedication to satisfy the
requirements of §18.50.020, BMC, and the value of the land in an unsubdivided,
unimproved, but annexed and zoned condition can not reasonably be determined, the
developer may provide an appraisal of residentially zoned property with a zoning
designation that allows the density of dwellings proposed for development.
3. The appraisal provided for the purpose of §18.50.030, BMC shall be conducted not
sooner than 90 days prior to the submittal of an application for final plat or final site
plan approval.
D. Where a cash donation has been accepted in-lieu of land dedication, the amount of cash
donation shall be stated on the final plat or plan as appropriate.
E. Where a cash donation has been accepted in-lieu of land dedication, the City Commission shall
record in the meeting minutes why the dedication of land for parks and playgrounds was
undesirable.
F. Use of Cash Donations.
1. The City Commission shall use a cash donation for development or acquisition of parks
to serve the development.
2. The City Commission may use the cash donation to acquire or develop parks or
recreational areas within its jurisdiction or for the purchase of public open space or
conservation easements, only if:
a. The park, recreational area, open space or conservation easement is within a
reasonably close proximity to the proposed development; and
b. The City Commission has formally adopted a Citywide park plan that establishes
the needs and procedures for use of the cash donation.
18.50.040 PARK USE
As part of an individual Park Master Plan, the developer shall indicate the proposed use of the park as
active, passive, playground, ballfield, etc. However, the final use of the park shall be determined by the
City Commission.
18.50.050 LOCATION
A. General. The City Commission or Planning Director, in consultation with the developer,
Recreation and Parks Advisory Board, and the Planning Board if applicable, may determine
suitable locations for parks and playgrounds. Park land must be located on land suitable to and
supportive of the activities and functions depicted in the relevant park plan, and unless the park
plan indicates a requirement for another configuration, should be kept in a large block.
B. Subarea or Neighborhood Plans. If a subarea or neighborhood plan has been adopted for the
area, the subdivision shall comply with the subarea or neighborhood plan for the location of
parks.
18.50.060 FRONTAGE
Park land, excluding linear trail corridors, 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
less than 100 percent, but not less than 50 percent, of the perimeter when:
A. Necessary due to topography, the presence of critical lands, or similar site constraints; and
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Exhibit I
Ordinance # 1769: page 50-6
B. 1. When direct pedestrian access is provided to the perimeters without street frontage; and
2. When additional land area is provided in the park to accommodate the off-street parking
which would have otherwise been provided by the additional length of perimeter streets
and the additional land is developed as a parking area; or
3. When additional land area is provided in the park to accommodate the off-street parking
which would have been provided by the additional length of perimeter streets and, in lieu
of the constructed parking area, an equivalent dollar value of non-parking improvements
within the park are provided according to the individual park plan.
18.50.070 LINEAR PARKS
A. General. If consistent with a growth policy or Citywide park plan, and if reviewed and approved
by the City Commission, linear parks shall be dedicated to the City to provide corridors for
recreation pathways as defined in §18.50.110, BMC.
1. Pathway corridors within required watercourse setbacks shall not be dedicated to the
City as linear parks and such land may not be used to satisfy park land dedication
requirements. Instead, cash donation in-lieu of land dedication credit shall be granted
only for the cost of constructing Class II or III recreational trails if public access is
provided. The developer shall provide a detailed cost estimate for installation of the
trail, for review and acceptance by the City, to determine the cash donation credit.
a. Within required watercourse setbacks, a public access easement that is at least 25
feet in width shall be provided to ensure adequate room for the construction,
maintenance and use of the trail.
B. Width. To ensure adequate room for pathway construction, maintenance and use, linear parks
shall be at least 25 feet in width.
C. Maintenance. These areas shall be maintained in accordance with §18.50.110.E, BMC until an
alternative method (e.g., a Citywide parks maintenance district) of funding and maintaining the
linear park is established.
18.50.080 PARK DEVELOPMENT
A. General. Developers shall consult any adopted Citywide park plan, and with the Recreation and
Parks Advisory Board which implements the plan, to determine the types of parks needed for
the proposed development and surrounding area. Parks shall be developed in accordance with
the Citywide park plan and any approved Park Master Plan. At a minimum, all parks shall be
improved to the following standards by the developer, prior to final plat or final occupancy
approval as appropriate:
1. Minimum Required Improvements Land Dedications. The subdivider shall be
responsible for leveling any park area(s), amending the soil, seeding disturbed areas to
allow mowing with turf type mowers, and installing an underground irrigation system in
compliance with City standards and specifications.
a. Parks shall be seeded with drought tolerant grass seed unless approved otherwise
in writing by the Park Superintendent.
2. Irrigation. The developer shall be responsible for irrigating the park area(s) until 50
percent of the subdivision lots or condominium units are sold. Thereafter, the property
owners association shall be responsible for park irrigation. The property owners’
association could establish an improvement district to collect assessments to pay for
irrigation.
a. Wells shall be used to irrigate park land.
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Exhibit I
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B. Boundaries. The park boundary bordering all private lots shall be delineated at the common
private/public corner pins, with flat, flexible fiberglass posts, a minimum of 6 feet in length with
no less than 2 feet driven into the ground. Each post must be labeled with a permanent glue on
sign stating “Park Boundary” or “Property Boundary”. Other forms of boundary marking may
be approved by the Planning or other appropriate department.
C. Sidewalks. Sidewalks, when required within the development, shall be installed by the developer
at points where the park borders or crosses public or private streets.
D. Storm Water Detention/Retention Ponds. Stormwater retention or detention ponds may be
located within public park land, but such areas shall not count towards the park land dedication
requirement. Any 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. Storm water
ponds shall not be located on private lots. Stormwater retention or detention ponds shall be
maintained by the property owners association.
E. Clean Up Required. The park area must have all fencing material, construction debris and other
trash removed.
18.50.090 WAIVER OF PARK MAINTENANCE DISTRICT
When required, the developer shall sign, and file at the County Clerk and Recorders Office, a waiver of
right to protest the creation of park maintenance district(s). The waiver shall be filed with the final
subdivision plat, or recorded at the time of other final approval.
18.50.100 WAIVER OF REQUIRED PARK DEDICATION
The City Commission shall waive the park dedication or cash donation in-lieu of land dedication
requirement if land equal to or exceeding the area of the dedication otherwise required by this chapter is
set aside by one of the following means:
A. The proposed development provides long-term protection of critical wildlife habitat; cultural,
historical, archeological or natural resources; agricultural interests; or aesthetic values;
B. The proposed development provides for a planned unit development or other development with
land permanently set aside for park and recreational uses sufficient to meet the needs of the
persons who will ultimately reside in the development;
C. The development is a land subdivision created by rent or lease (i.e., manufactured housing
communities and recreational vehicle parks) with land permanently set aside for parks or
playgrounds within the subdivision for rent or lease for the common use of the residents of the
development;
1. These park or playground areas shall be maintained by the property owners association.
D. The developer provides for land outside of the subdivision to be set aside for park and
recreational uses sufficient to meet the needs of the persons who will ultimately reside in the
subdivision.
1. The land being developed shall be within the service area, as designated by an adopted
Citywide park plan, of the dedicated park land; and
2. The developer must dedicate the off-site park land to the City of Bozeman;
OR
The developer must execute the appropriate public access easements on privately-owned
land. The easements shall be held by the City of Bozeman. The City of Bozeman’s
responsibilities for park land dedicated by easement shall be the same as for fee simple
park land dedication.
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Ordinance # 1769: page 50-8
E. The developer provides land outside the development that affords long-term protection of
critical wildlife habitat; cultural, historical, archeological or natural resources; agricultural
interests; or aesthetic values; and the area of the land to be subject to long-term protection
equals or exceeds the area of the dedication otherwise required by this chapter.
F. A subdivider may dedicate land to School District 7 to provide some or all of the land area
required by § 18.50.020 BMC. The area dedicated to the school district may be used for school
facilities or buildings, including but not limited to play grounds or other recreational facility. Any
dedication to the school district shall be subject to the approval of the City Commission and
acceptance by the Board of Trustees of School District 7.
1. In approving a dedication of land to the school district the City Commission shall make
affirmative findings that:
a. Adequate public park land already exists within the vicinity of the dedicating
subdivision to meet service standards established by the City’s parks master plan;
b. The land is located within the city limits or within one mile of city limits;
c. The school district has established a facility plan to demonstrate how the
dedicated property will be utilized;
d. The school district’s facility plan shall describe any coordination intended for
joint use of the property by the School District and the City; and
e. The option for cash-in-lieu of land described in §18.50.030, BMC shall not be
used in place of a land dedication to the School District.
2. It shall be noted in a certificate on the plat and in any deed to the land that if School
District 7 later chooses to dispose of the property, it shall revert to the City of Bozeman
to be used for park purposes. The land shall be transferred to the City from School
District 7 with clear title and in a condition meeting the minimum development
standards for parks established in §18.50.080, BMC.
G. If a tract of land is being developed under single ownership as a part of an overall plan, and part
of the tract has previously been subdivided or developed, and sufficient park land dedication or
cash donation in-lieu of land dedication has been provided from the area that has been
previously subdivided or developed to meet the requirements of this section for the entire tract
being developed, the City Commission shall issue an order waiving the land dedication and cash
donation requirements for the subsequently developed area.
18.50.110 RECREATION PATHWAYS
A. General. Developers shall install pathways in accordance with this title, the growth policy, the
Greater Bozeman Area Transportation Plan Year 2001 Update, any adopted Citywide park plan,
and any adopted Park Master Plan, and shall comply with City of Bozeman design specifications.
B. Pathway Categories. The DRC shall be responsible for determining whether a pathway is a
transportation pathway or a recreation pathway. For subdivision proposals, this determination
shall be made during the pre-application process.
1. Recreation Pathways. The City Commission may require developers to install recreation
pathways, to provide recreational and physical fitness opportunities within the
development, as part of the required development improvements. Recreation pathways
include the following facilities:
a. Pathways that do not connect major residential, employment, educational or
service nodes;
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b. Pathways that connect parks, but do not connect major residential, employment,
educational or service nodes;
c. Pathways that are not ADA accessible due to topography;
d. Pathways located within parks; and
e. Class II and III trails.
2. Transportation Pathways. For the definition of transportation pathways, please see
§18.44.110, BMC.
C. Related Facilities. If pathways are proposed or required, stream crossings and other similar
improvements, where necessary, shall be installed. Bridge design and construction shall comply
with City specifications and standards, and shall be submitted to the Planning Department for
review and approval. Any necessary permits for bridges shall be obtained by the developer from
the appropriate agency prior to installation of the stream crossings.
D. Trail Requirements. The class of the trail shall be determined by the Recreation and Parks
Advisory Board, and the trail shall be designed and constructed according to any adopted park
or recreation plan or other City specifications and standards. Trails and bridges must meet
Americans with Disabilities Act (ADA) specifications for recreational facilities and maintain a
natural appearance. Trail plans and specifications shall be submitted to the Planning
Department for review and approval prior to installation.
E. Pathway Maintenance. Recreation pathways within the proposed development shall be
maintained, in conformance with an approved maintenance plan, by the developer until 50
percent of the lots or condominium units are sold. Thereafter the property owners association
shall be responsible for maintenance. The property owners association could establish an
improvement district to collect assessments to pay for the maintenance.
F. Pathway Easements. Where pathways cross private land or common open space, the proper
public access easements shall be provided. Public access easements for pathways shall be at least
25 feet wide.
G. Linear Parks. Corridors for recreation pathways may be dedicated to the City in accordance with
§18.50.070, BMC.
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Exhibit J
Ordinance #1769. page 52-1
CHAPTER 18.52
SIGNS
18.52.010 INTENT AND PURPOSES
It is the intent and purpose of this chapter to promote the health, safety and welfare of the residents and
visitors of the City of Bozeman by regulating and controlling the size, location, type, quality of materials,
height, maintenance and construction of all signs and sign structures not located within a building, or
within a building and visible from the exterior for the following reasons:
A. To preserve the Bozeman area’s natural scenic beauty and character as expressed in adopted City
plans and policies;
B. To contribute to inviting entrances into Bozeman by eliminating clutter associated, in part, with
the unrestricted proliferation of signs, lights and stringed devices;
C. To encourage area beautification through creative, interrelated design of signage, landscaping,
buildings, access and parking that enhances the community’s built and natural environment;
D. To give all businesses an equal opportunity to have a sign that will help people find the services
they need; and
E. To 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 City Commission intends to provide a reasonable balance between the right of an individual
to identify their business and the right of the public to be protected from the visual discord that
results from the unrestricted proliferation of signs. Sections 18.28.070 and 18.30.080, BMC
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
necessary to further the interests of this title.
F. To protect the public health and safety by minimizing distractions to the traveling public.
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 lot, 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 property owner shall
maintain 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
All signs not expressly permitted under this chapter, or exempt from regulation, are prohibited in the
City. Such signs include, but are not limited to:
A. Portable signs (except as allowed under Title 12, Chapter 22, BMC);
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;
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H. Inflatable signs and tethered balloons (except as permitted per §18.52.040, BMC); and
I. Signs located in public rights-of-way (except for those specifically permitted in this chapter.
J. Signs that resemble an official traffic sign or signal, and signs that resemble traffic signs because
they predominately display the words “STOP,” “GO SLOW,” “CAUTION,” “DANGER,”
“WARNING,” or similar words that are commonly used by agencies of government and
construction contractors to draw attention to traffic or roadway hazards;
18.52.040 PERMITTED TEMPORARY AND SPECIAL EVENT SIGNS
Temporary and special event signs, such as banners, tethered balloons and inflatable signs, but excluding
those subject to §18.52.050, BMC, shall be allowed only as follows:
A. Special event signs are permitted in the zones described in §18.52.060.A and §18.52.060.B, BMC.
B. Applicants for temporary signs shall apply for, and have approved, a temporary sign permit
C. All temporary signs shall comply with size, height, and location requirements of this chapter.
D. For 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 January 1 to
December 31. There shall be a period of at least seven days between each fifteen day display
period.
E. Temporary signs which identify a new business may be may be displayed for a period not to
exceed 60 days, additional temporary signs shall not be allowed until the next calendar year.
Only one temporary sign identifying a new business shall be permitted for the life of the
business. A subsequent temporary sign identifying a new business may be permitted when
business ownership has transferred to another owner, or when the business moves to a new
location on a different zone lot.
F. Temporary signs that identify a new business may be displayed until the business erects a
permanent sign, only if the business is in the process of obtaining a permanent sign, or 60 days,
whichever comes first. If the business has previously had a temporary sign in the same location ,
the business will be allowed a maximum of an additional 30 more days of temporary signage.
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.
H. Temporary signs that are seasonal in nature, such as garden greenhouses, boat showrooms, or
ski rental, may apply 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 County Fair or Sweet Pea, by
applying for and receiving a temporary sign permit 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
The following signs shall be exempt from the permitting requirement but must comply with the criteria
for signs allowed by this chapter, except Section 18.52.060:
A. Residential Zones ( R-S, R-1, R-2, R-3, R-4, RMH).
1. Temporary, nonilluminated signs, e.g. real estate sale, political campaign and other
noncommercial speech signs that do not exceed 9 square feet in total area and, if
freestanding, 5 feet in height. No more than one such sign per street frontage.
165
Exhibit J
Ordinance #1769. page 52-3
2. Businesses working at a residentially zoned lot, such as landscapers or window treatment
installers, may post an identifying sign only when they are physically 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. Such
signs shall not be considered off-premise advertising so long as the identified business is
actively engaged on the site.
B. Commercial and Manufacturing Zones (R-O, B-1, B-2, B-3, UMU, M-1, M-2, BP, PLI, HMU).
1. Window signs painted on the window or physically affixed to the interior of a window,
provided that such signs do not occupy more than 25 percent of the area of the window
in which it is displayed. If it exceeds 25 percent of the area of the window, it will be
classified as a wall sign.
2. Signs within a structure or building or other enclosed area of property when such signs
are not legible when viewed from outside the structure or property.
3. Temporary non-illuminated signs, e.g. 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 property line. Only one
sign of each subject per street frontage per lot is allowed.
4. A temporary, non-illuminated sign identifying the businesses working at a construction
site may be posted. The signs for multiple businesses shall be aggregated among all those
working on the site and in total 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. All parties to the
development, including but not limited to, banks, architects, contractors, developers,
future occupants of the lot, real estate agent, landscape company shall be on a single sign
per street frontage per lot. Such signs shall not be considered off-premise advertising so
long as the identified business is actively engaged on the site.
5. Not more than four on-premises directional signs not exceeding 4 square feet in area and
5 feet in height which shall not contain any commercial messages.
C. All Zones.
1. Government and Public Utility Signs. Directional, warning, street, traffic control,
informational or temporary special event signs that are erected, installed or placed by or
on behalf of any federal, state, county or city government. Public utility signs showing
locations of underground facilities or public telephones, and safety signs on construction
sites, are included within this exemption.
2. Incidental Signs. A sign, generally informational, that has a purpose secondary 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 which 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 indicated zones subject to a sign permit:
A. Commercial, Manufacturing, and Public Land Zones ( B-2, B-3, UMU, M-1, M-2, BP, PLI,
HMU). A 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. A 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, BMC.
166
Exhibit J
Ordinance #1769. page 52-4
1. Freestanding Signs. One freestanding sign is permitted per zoned lot. The maximum area
for a freestanding sign shall be 32 square feet. A low profile freestanding sign shall be set
back a minimum of 5 feet with a maximum height of 5 feet. A 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 minimum vertical clearance from the ground.
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 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. In the B-3 district,
projecting signs shall not exceed 12 square feet in area nor extend more than 6 feet from
the building. Projecting signs shall provide a minimum sidewalk clearance of 8 feet.
B. Business and Office Zones (B-1, R-O). The 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 not
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. A comprehensive sign plan is required for all
commercial centers consisting of two or more tenant spaces on a lot. Such plans shall be
designed in 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 in area in 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 B-1 and
R-O zones.
2. Wall Signs. 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. 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 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. 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
property line.
5. Residential Building Identification Signs. For properties used for multi-household
residential buildings, one residential identification wall sign per street frontage. Each sign
shall not exceed 8 square feet in area.
C. Residential Zones (R-S, R-1, R-2, R-3, R-4, RMH).
167
Exhibit J
Ordinance #1769. page 52-5
1. 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. 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
property line.
2. Residential Building Identification Signs. For properties used for multi-household
residential buildings, one residential identification wall sign per street frontage. Each sign
shall not exceed 8 square feet in area.
3. Signs Appurtenant To 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 in area and shall not be located in
any required 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, day care centers and schools shall be permitted signage as if the
underlying zoning were B-1. Conditional residential type uses such as bed and
breakfast homes, and fraternity and sorority houses, shall be permitted signage as
if the underlying zoning were R-O. Such signs may only be illuminated during
the hours of operation.
4. Planned Unit Developments. Commercial establishments within planned unit
developments where the underlying zoning is residential shall be permitted signage as if
the lot were in a B-1 zone.
D. Special Districts And Zones. The guidelines for the underlying zoning districts apply unless
otherwise addressed below.
1. Neighborhood Conservation Overlay District. Within this district, all signage is subject
to issuance of a Certificate of Appropriateness after review for compliance with the
Design Guidelines for the Neighborhood Conservation Overlay District. 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 review by
the Design Review Board and the City Commission.
2. Entryway Overlay District. Within this district, all signage is subject to issuance of a
Certificate of Appropriateness after review for compliance with the Design Objectives
Plan for entryway corridors. If the applicant is not requesting sign deviations, the sign
application will be reviewed by ADR staff. Signage may exceed the underlying zoning
district limitations by up to 20 percent upon review and approval of a deviation by the
City 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
§18.52.060, 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 advisory
body, and upon receipt of a Certificate of Appropriateness. Each lot shall be permitted
one freestanding sign.
168
Exhibit J
Ordinance #1769. page 52-6
a. Low Profile Signs. One low profile sign per zoned lot. The maximum area for a
low profile sign shall be 40 square feet. The sign shall be setback a minimum of 5
feet with a maximum height of 8 feet.
b. Pole-Style Signs. A pole-style freestanding sign shall be set back a minimum of
15 feet and will maintain at least an 8-foot minimum vertical clearance. Pole-style
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 the 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
every 2 feet that said sign is set back 15 feet beyond the street right-of-way up to
a maximum of 120 square feet.
4. Main Street Historic District. Permits for signs that encroach into the public right-of-way
shall be obtained from the City Manager’s office in City Hall.
18.52.065 WAY FINDING SIGNAGE
A. Purpose. Wayfinding signs shall serve to assist travelers in navigating the larger community and
identifying defined districts. Wayfinding signs or kiosks are not intended to serve as off-premise
advertising for individual entities.
B. Defined Districts. To qualify as a district an area must have a significant commonality of
purpose, identity and shared functions serving the larger community. Designation as a district is
at the discretion of the City and shall only be granted when found to be consistent with the
intent of this chapter and the City’s other adopted regulations, policies and plans. Approval of
district designation is the duty of the Planning Director who shall make written findings of the
decision.
C. Wayfinding signage is intended to add to the district’s “sense of place” and may include district
identification signs, directory signs to designate shared or common spaces such as parking
facilities, parks, trails and open space. It may also include pedestrian-scale informational kiosks
to announce district events and/or to list a directory that corresponds with a map presented in
the kiosk. Wayfinding signs shall not advertise specific businesses or otherwise constitute off-
premise signs. Wayfinding signage is permitted within districts only after approval of a
comprehensive signage plan for the wayfinding signs.
D. Submittal of a comprehensive signage plan for wayfinding must be made by a single individual
or entity legally authorized to represent the area within the plan and with the consent of relevant
governing authority. In addition to the requirements of 18.52.170, a comprehensive signage plan
for wayfinding must:
1. Include a description of the installation and maintenance program for the signs including
but not limited to: who is responsible for installation and maintenance, identified reliable
funding for installation and maintenance, contact plan for the responsible individual, and
a description of how the sign program will be kept updated or removed. If the signs are
to be illuminated a description of how the power source may be removed and made safe
shall be included.
2. Demonstrate how it will enhance the streetscape by promoting a unified and enhanced
visual aesthetic consistent with the streetscape design elements in the district; coordinate
information to pedestrians and drivers in a clear, consistent, and understandable format;
and reduce visual clutter.
3. Include information on how the district stakeholders were given opportunity to
collaboratively participate in the selection of the sign types and designs.
169
Exhibit J
Ordinance #1769. page 52-7
4. Clearly describe the hierarchy of signs and include the criteria for determining sign
placement and size. Any signs intended to be read from the right of way shall comply
with the lettering standards of the Manual for Uniform Traffic Control Devices for the
road type and speed.
5. The wayfinding signage plan shall include signage elevations and plans with
corresponding map(s) designating signs types and locations.
E. Design Standards. The wayfinding signs shall include and meet the following standards and
provisions:
1. Color Schemes, Fonts and Materials. Coordinated color schemes, fonts and materials,
including base supports, cabinet details and mounting methods, shall serve to distinguish
wayfinding signage within the district from other districts.
2. Lighting. Lighting is not required. If any lighting is proposed, the wayfinding signage
plan shall include cut-sheets and lighting details in accordance with the standards
established in Section 18.42.150.
a. Photovoltaic panels to provide power, where appropriate, are
encouraged.
3. Size and Location. Signage may be located within required setbacks and may be located
within the right-of-way, with approval from the applicable review agencies including the
City of Bozeman and/or the Montana Department of Transportation. Restrictions for
signs within the public right-of-way may be more strict than those on private property in
order to avoid conflict or confusion with official regulatory and warning signs or
interference with travel.
4. Wayfinding signs shall comply with the following standards:
a. Wayfinding signs that are affixed to a light post, traffic post or sign within the
right-of-way shall not exceed 4 square feet in area and are limited to one sign per
block face (or equivalent).
b. Any signs intended to be located within the right of way shall comply with the
construction standards of the Manual for Uniform Traffic Control Devices.
c. Free-standing wayfinding kiosks or signs are limited to one sign per 2 blocks (or
equivalent), shall not exceed 30 square feet in area per face and shall not exceed 7
feet in height.
d. Wayfinding signage may be located within the street-vision triangle at
intersections controlled by a traffic light.
e. Decorative features including but not limited to post caps may extend an
additional 2 feet for a total of 9 feet in height.
f. Photovoltaic panels are exempt from the height requirement.
g. Business names, logos, or other marks identifying specific parties on a directory
list or map in a kiosk shall not exceed one inch in height.
h. Wayfinding signage may not interfere with the clear passage of pedestrians or
vehicles or otherwise cause safety hazards.
i. Wayfinding signs shall not obscure or obstruct any existing regulatory, warning,
or parking control signs.
8. Wayfinding signs are allowed for parks, or for districts containing more than 30 acres of
platted lots.
170
Exhibit J
Ordinance #1769. page 52-8
9. A performance bond or other surety acceptable to the City may be required for the
maintenance, replacement, updating, and/or removal of signs in an amount acceptable to
the Planning Director.
18.52.070 COMPREHENSIVE SIGN PLAN
A 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. A comprehensive sign plan shall not be approved unless it is consistent
with this chapter, the underlying zoning regulations applicable to the property and any discretionary
development permit or plan for the property. The 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:
A. Using the same type of cabinet supports or method of mounting for signs of the same type;
using the same type of construction for components, such as sign copy, cabinet and supports;
using other types of integrating techniques, such as common color elements, determined
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
The guidelines for the underlying zoning districts apply unless otherwise addressed below:
A. 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 by the wall area allowed
by §18.52.060.A.2 or §18.52.060.B.2, BMC. If the lot has more than one building frontage, the
individual tenant space may derive sign area only 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, in addition to the sign area already permitted under
§18.52.060.A.2or §18.52.060.B.2, BMC.
18.52.090 MULTITENANT COMPLEXES WITH MORE THAN 100,000 SQUARE
FEET OF GROUND FLOOR AREA
The guidelines for the underlying zoning districts apply unless otherwise addressed below:
A. Freestanding Signs.
1. Pole-style 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 a pole-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, not 5 feet in
height, and must be setback a minimum of 5 feet from the property lines. All 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.A or
§18.52.060.B, BMC.
171
Exhibit J
Ordinance #1769. page 52-9
18.52.100 INDOOR SHOPPING MALL COMPLEXES WITH MORE THAN 100,000
SQUARE FEET OF GROUND FLOOR AREA
The guidelines for the underlying zoning districts apply unless otherwise addressed below:
A. Freestanding Signs.
l. Pole-style 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 a pole-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 property lines. All 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 anchor tenant occupying 20,000 square feet or more shall be permitted 300
square feet of wall signage. Each 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
A. Illumination, if any, shall be provided by artificial light which is constant in intensity and color.
Internally illuminated “can signs” are acceptable provided background and copy are coordinated
to avoid excessive light output. Neon and other gas type transformers shall be limited to 60
milliamperes and fluorescent transformers shall be limited to 800 milliamperes to soften light
output. The output of lumens from lighting provided by other types of light emitters shall not
exceed that possible from gas type transformers as regulated in this paragraph. Additionally,
neon and other gas type signs with exposed tubing shall be equipped with dimmers.
B. 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 may only be used for
monument style 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 they are established in §18.44.100, BMC, unless
specifically authorized in this chapter.
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. All freestanding signs shall display the address
of the lot in 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.
A. Exception: Off-premises signs may be placed on the interior of transit shelters reviewed and
approved by the City of Bozeman and served by an active fixed route transit service. Signage
within a transit shelter shall not distract drivers of vehicles nor be legible from the driving lanes.
172
Exhibit J
Ordinance #1769. page 52-10
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:
A. The sign(s) shall be permitted only at developed facilities in public parks or other publicly owned
lands.
B. 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 activity 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 property 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 signs shall be oriented towards spectators attending the activity who are at the
facility.
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 temporary sign permit
detailing the nature of the sign(s) to be erected and the duration the sign(s) will remain in place.
Applications and review procedures shall be made as per §18.52.170, BMC.
18.52.160 HISTORIC OR CULTURALLY SIGNIFICANT SIGNS
Signs which have historical or cultural significance to the City but do not conform to the provisions of
this chapter, maybe permitted provided that the City Commission adopts findings supporting the
historical or cultural significance of the sign and issues a sign permit. Such findings shall be adopted by
resolution of the City Commission.
18.52.170 APPLICATION
A. An application for a sign shall be made on forms 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.
B. Acceptability and Adequacy of Application.
1. The Planning Department shall review the application for acceptability within five
working days to determine if the application does not omit any of the submittal elements
required by this title. If the application does not contain all of the required elements, the
application and a written explanation of what the application is missing shall be returned
to the property owner or their representative. The five working day review period will be
considered met if the letter is dated, signed and placed in the outgoing mail within the
five day review period.
2. After the application is deemed to contain the required elements and to be acceptable, it
shall be reviewed for adequacy. A determination of adequacy means the application
contains all of the required elements in sufficient detail and accuracy to enable the City
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
173
Exhibit J
Ordinance #1769. page 52-11
the City of Bozeman. Determination of adequacy will be made by the Planning
Department. The adequacy review period shall begin on the next working day after the
date that the Planning Department determines the application contains 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 City within 15
working days of notification to the property owner of inadequacy, all application
materials shall be returned to the property owner or their representative.
Subsequent resubmittal shall require payment of a review fee as if it were a new
application.
b. A determination that an application is adequate does not restrict the City from
requesting additional information during the review process.
3. Should the property owner choose not to provide the required information after an
application has been found unacceptable, nor to accept return of the application, the
application may be processed by the City with the recognition by the property owner
that unacceptability is an adequate basis for denial of the application regardless of other
merit of the application.
4. Action.
a. After an application is deemed adequate, the Planning Director or his designee
shall act to approve or deny the application within 10 working days, or
b. After the application is determined to be adequate for review, if the application
includes a request for a deviation or variance the City shall schedule the
application to be heard at the next available meeting of the City Commission
which allows for required public notice to be given, or
c. If the sign application is submitted in conjunction with a site plan or other
similar review then the review process and final review authority shall be
coordinated.
5. An applicant may appeal the denial of a permit request pursuant to the provisions of
Chapter 18.66, BMC.
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 duty 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 within such time, the Planning Director
shall cause the sign to be removed at the expense of the owner of the premises.
18.52.190 NONCONFORMING SIGNS
A. The eventual elimination of existing signs that are not in conformity 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
174
Exhibit J
Ordinance #1769. page 52-12
requirements of this chapter and for which there is no prior, valid sign permit shall remove such
sign.
B. All signs which were legally permitted prior to June 22, 1997 are considered legal, permitted
signs under this chapter. Except as provided for in subsection C of this section, said sign, if
nonconforming with this chapter, may not be:
1. Replaced except with a conforming sign;
2. Changed in copy (except for signs specifically designed to be changed in copy, such as
readerboards with changeable letters);
3. Structurally altered to extend its useful life; or
4. Expanded, moved or relocated.
C. No legal, nonconforming sign may be altered or enlarged in any way which increases its
nonconformity, but any existing signage, or portions thereof, may be altered by decreasing its
nonconformity (except as provided in subsection D below).
D. Any 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 requires a certificate of
appropriateness (except when the certificate of appropriates is solely for the purpose of placing
energy collection equipment), site plan review or reuse application will necessitate compliance
for all existing and proposed signage on the lot.
18.52.200 SUBSTITUTION
Any sign allowed under this chapter may contain, in lieu of any other message or copy, any lawful
noncommercial message that does not direct attention to a business operated for profit, or to a product,
commodity or service for sale or lease, or to any other commercial interest or activity, so long as the sign
complies with the size, height, area and other requirements of this chapter. Authorized decision-making
bodies may not consider the content of speech or the viewpoint of the speaker when taking action to
approve or deny sign permits or other application for signs.
18.52.200 SEVERABILITY
Where any word, phrase, clause, sentence, paragraph, or section or other part of this chapter is held
invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such
judgment shall affect only that part held invalid and such decision shall not affect, impair or nullify this
title as a whole or any other part thereof.
175
Exhibit K
Ordinance #1769. page 62-1
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. Purpose. The Development Review Committee (DRC), Design Review Board (DRB),
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
development quality that will enhance both the natural and built environments, with
consideration to present and future property values, and to carry out the purposes of this title.
All bodies authorized under this chapter may call upon any City staff or other persons with
technical expertise, and may testify before any board, commission or other body upon the
subjects for which they have responsibility.
1. DRC. The DRC is established to evaluate all proposals subject to the provisions of this
title. The DRC is the body charged with reviewing items relating to public health and
safety.
a. The DRC shall act as an advisory 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 or Board of
Adjustment for larger and more complex proposals including conditional use
permits, planned unit developments, all site plans involving variances or
deviations, divisions of land, zone map amendments, annexations and other
actions as requested by staff or the City Commission.
2. DRB. The DRB is established to evaluate aesthetic considerations of larger and more
complex proposals which are likely to produce significant community impact and to
provide recommendations regarding such proposals to the Planning Director or City
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 §18.34.040.C,
BMC when no variance or deviation is requested; and
b. The DRB shall act as an advisory body to the City Commission or Board of
Adjustment regarding:
(1) Site plans within overlay districts meeting one or more of the thresholds
of §18.34.040.C, 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 Large Scale Retail.
c. The DRB may develop, and after adoption by the City Commission, apply
specific guidelines related to such concerns as architectural appearance, landscape
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design and signage for the construction and/or alteration of structures, sites or
areas;
d. The DRB may review applicable development proposal applications for zoning
text amendments, or applications for moving, demolition or any other kind of
permit that may affect properties located within entryway corridors.
e. The DRB has responsibility for projects subject to §18.34.040.C, BMC.
3. ADR. The ADR staff is established as the review body 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. The 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 advisory body to the Planning Director for site
plans within overlay districts not meeting one or more of the thresholds of
§18.34.040.B when no variance or deviation is requested;
c. The ADR staff shall act as an advisory body to the Planning Director regarding
reuse/further development permits within overlay districts; and
d. The ADR staff shall act as an advisory body to the City Commission or Board of
Adjustment regarding all sketch plans and site plans not meeting one or more of
the thresholds §18.34.040.B 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-PUD divisions of land;
e. The ADR may develop, and after adoption by the City 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; and
f. The ADR may review applicable development proposal applications for zoning
amendments, or applications for moving, demolition or any other kind of permit
that may affect properties located within entryway corridors.
4. WRB. The 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. The 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
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permits are subject to Chapter 18.34, in addition to the other relevant aspects of this
title.
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 by representatives of each of the City departments charged with
development review. Each department shall have the ability and authority to require the DRC to
make a recommendation of denial 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 setting forth the DRC’s recommendation
to the Planning Director, Board of Adjustment, or City Commission and reasons for requiring
such conditions as may be deemed necessary by the DRC. These records shall be preserved as
part of the official file for each development proposal. Lastly, 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 Marshal 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 necessary, other
members of the committee 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 City Manager or designee, with other individuals to be
included as necessary at the Planning Director’s request.
2. When applicable, the DRC may solicit the input of non-City agencies and persons
including, but not limited to, the county subdivision review officer or designee, the
County Sanitarian or designee, the County Road Superintendent or designee, and state or
federal agencies, with other individuals to be included as necessary.
C. Design Review 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 preserved as part of the official proceedings for
each developmental proposal. Lastly, the DRB 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
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 by their respective professional authorities. An appointment to a
term of service on the DRB is for two years. The professional contingent shall consist of
three architects and at least one architectural historian, and at least one landscape
architect or landscape designer. At 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 preservation. No member
of the DRB shall serve concurrently as a member of the Planning Board or Zoning
Commission. A 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 ADR staff may serve as alternates to prevent
delay in project reviews.
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2. In selecting the members, the City Commission shall give preference to residents of the
City of Bozeman. However, where a qualified professional resident is not available to
serve, the City Commission may appoint a professional member who practices
professionally, owns property or owns a business within the City. Where a
nonprofessional resident is not available to serve, the City Commission may appoint a
nonprofessional member who works, owns property or owns a business within the City.
D. Administrative Design Review Staff Procedures Established. To implement the purposes of this
title, procedures shall be adopted for the administrative evaluation of a proposal without public
notice or comment, unless a deviation from the underlying zoning is requested. After a proposal
has been evaluated by the ADR staff, they shall issue a written decision that shall include
findings and may include a notice of required corrections. The ADR staff may call a conference
with the applicant to determine design alternatives, or the applicant may call a conference with
the ADR staff for the same purpose. Any such conference shall be conducted prior to the
issuance of a building permit for the proposal.
1. ADR 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
architecture or urban design. The second member shall be the Planning Director or
his/her designee who may or may not be degreed in architecture. In the event that
necessary ADR staff is not available, the DRB may act to provide design review services.
E. Waiver of Design Review. In the event that neither the DRB nor the ADR 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 by DRB or ADR is waived.
Nothing in this section shall constitute a waiver of the required review criteria established in
Chapters 18.28, 18.30, 18.36, and 18.56, BMC.
F. Wetlands Review Board Procedures Established. The WRB will be convened as necessary to
review proposals that involve regulated activities and may impact regulated wetlands based on
the provisions contained in Chapter 18.56, BMC. To implement this purpose, certain
procedures shall be adopted to include, but not be limited to, scheduling meetings as needed to
be attended by 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. Lastly, 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
efficiency 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. Members 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:
ecology, soils, botany, and/or hydrology.
2. In selecting the members, the City Commission shall give preference to residents of the
City of Bozeman. However, where a qualified resident is not available to serve, the City
Commission may appoint a member who practices professionally, 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 variances or deviations or site plan applications involving variances or
deviations. The BOA will also review applications for conditional use permits. To implement
this purpose, certain procedures shall be adopted which may include, without limitation, a
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regularly scheduled weekly or biweekly meeting attended by members of the BOA. A record of
the reviews and decisions shall be made. These records shall be preserved as part of the official
proceedings for each development proposal. Lastly, the BOA 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 efficiency and effectiveness of the review process.
1. The BOA shall consist of 7 members. The term of appointment is for 3 years, with
staggered terms. Members shall be appointed by the City Commission. A member may be
removed per Section 76-2-322, MCA. The concurring vote of four members of the board is
required to take official action.
2. In selecting the members, the City Commission shall give preference to residents of the
City of Bozeman. However, where a qualified resident is not available to serve, the City
Commission may appoint up to one non-resident member who practices professionally,
owns property or owns a business within the City.
a. Preference should be given to applicants who have prior experience with local
government, who will uphold the intent and purpose of the City’s land use
regulations, and who will honor the purpose of a Board of Adjustment.
18.62.020 GENERAL PROCEDURES, NOTICE AND TIMING
A. Informal Advice and Direction. A person or organization considering any construction, building
or site alteration, rezoning or other development activity, may approach the DRC, DRB, ADR
or WRB for informal advice and direction. Such discussion shall be treated as advisory by both
parties and shall record only the fact that contact had been made. An informal review by the
DRC and/or DRB may be requested by submitting a completed application form provided by
the Planning Director along with any schematic development plans or written narrative at least
one week prior to the next regularly DRC and/or DRB meeting. An 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. A fee, set in accordance with the fee
resolution adopted by the City Commission, shall be charged for an informal review . No
application is required for informal review or advice by the ADR staff.
B. Formal Application. An application for DRC, DRB, ADR and/or WRB consideration of a
development proposal must be submitted 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 type 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 in this title. It is recommended that the applicant discuss the application informally with
the DRC, DRB, ADR 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 City for processing.
C. Public Notice. Public notice for any proposal before the DRC, DRB, ADR or WRB that
requires such notice shall be provided in accordance with Chapter 18.76, BMC.
D. DRC, DRB, ADR or WRB Action. 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 initially reviewed, the DRC, DRB or WRB shall take action to
recommend approval, approval with conditions, table pending submission of revised or
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additional materials or recommend denial of the applicant’s proposal, unless the applicant grants
a written extension to the review period. For proposals subject to ADR 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 BOA
action to approve, approve with conditions, table pending submission of revised or additional
materials, or deny the applicant’s proposal shall be established.
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CHAPTER 18.66
APPEALS, DEVIATIONS AND VARIANCE PROCEDURES
18.66.010 PURPOSES
A. This chapter is adopted:
1. To establish procedures for granting relief from the requirements of this title subject to
the standards of this chapter in order to preserve equitable implementation of the law,
prevent special treatment to particular parties and preserve the various rights established
by the Montana and United States constitutions of all persons subject to this title;
2. To provide through appeals of administrative interpretations a procedure for
consideration of and resolution of disputes regarding the meaning and implementation
of this title;
3. To provide through deviations a procedure for flexibility, as a means to support
creativity and excellence of design, in the application of the standards of this title in
overlay districts and planned unit developments as provided for in this title;
4. To provide through zoning variances a procedure for relief from the occasional
inequities created by the physical standards of this title relating to zoning when such
standards create a substantially unequal burden on a particular parcel of land in a fashion
that would otherwise prevent the reasonable use of property, owing to physical
circumstances unique to that parcel;
5. To prohibit the granting of variances that would be contrary to the public interest and
endanger public health, safety and welfare;
6. To provide through subdivision variances a procedure for relief from standards relating
to platting requirements or improvements within public rights-of-way when such
standards would result in undue hardship and are not essential to the public health,
safety and general welfare; and
7. To allow for appeals from decisions made by administrative staff approving, approving
with conditions or denying applications for development approval.
B. The Board of Adjustment shall hear and decide variances and deviations as follows:
1. . Authorize in specific cases such deviations from the terms of this title relating to
zoning as will advance the intent and purposes of this title and meet the standards
established for the granting of deviations;
2. Authorize in specific cases such zoning variances from the physical standards of this
title, exclusive of those items included as subdivision variances, that will not be contrary
to the public interest, where owing to special conditions a literal enforcement of the
provisions will result in unnecessary hardship, and so that the spirit of this title shall be
observed and substantial justice done.
C. The City Commission shall hear and decide appeals of administrative decisions, variances and
deviations as follows:
1. When Reclaimed per Section 18.64.010.C, BMC.
a. Authorize in specific cases such deviations from the terms of this title relating to
zoning as will advance the intent and purposes of this title and meet the
standards established for the granting of deviations; and
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b. Authorize in specific cases such zoning variances from the physical standards of
this title, exclusive of those items included as subdivision variances, that will not
be contrary to the public interest, where owing to special conditions a literal
enforcement of the provisions will result in unnecessary hardship, and so that the
spirit of this title shall be observed and substantial justice done.
2.. Authorize in specific cases such subdivision variances from the platting requirements
and standards for improvements within public rights-of-way required by this title where
it is found that strict compliance would result in undue hardship and is not essential to
the public health, safety and general welfare.
3. Consider appeals from decisions of the Planning Director regarding subdivision
exemptions.
4. Consider deviations to standards of the title when proposed through a planned unit
development.
5. Hear and decide appeals where it is alleged there is error in any order, requirement,
decision or determination made by an administrative official in the enforcement of this
title or of any standards adopted pursuant thereto. An aggrieved person may appeal the
final decision of the Planning Director in the manner provided in this chapter
18.66.020 HEARING AND NOTICE REQUIREMENTS
A. There shall be a hearing before the Board of Adjustment or City Commission for any appeal of
administrative decisions and interpretations and for each application for any variance or
deviation. The hearing shall be held at an appointed time and place. Testimony shall be taken by
the BOA or Commission from persons interested in the application and from the Planning
Department staff.
B. The Planning Director or Clerk of the Commission shall give public notice as required by
Chapter 18.76, BMC of all public hearings to be held before the BOA or City Commission.
Notification of appeal procedures shall be included in the initial posting and notice of the
proposal, provided that an initial posting and notice is required by Chapter 18.76, BMC.
18.66.030 ADMINISTRATIVE PROJECT DECISION APPEALS
A. An aggrieved person may appeal the final decision of the Planning Director in the manner
provided in this section. Any appeal of a final administrative decision to approve, approve with
conditions or deny an application shall be an appeal on the basis of the information available to
the Planning Director including this title, all submitted application materials, review and
recommendations by administrative staff or advisory bodies, public comment and such other
materials as were available. Denial of requests for waiver or alteration of applicable regulations is
not a decision subject to appeal of an administrative decision. This section shall also apply to
decisions by the Planning Director regarding evasion of the Subdivision and Platting Act per
§18.10.070, BMC.
B. Application of Appeal Procedures. Appeals from administrative staff to the City Commission or
the courts are set forth in the various sections of this title. Said appeals are permitted under the
provisions of this section in the manner set forth herein.
1. These appeal procedures shall apply to the decisions brought forth by the Planning
Director.
2. Appeals shall be from the Planning Director to the City Commission according to
Section 18.66.010, BMC.
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3. In reviewing an appeal the City Commission shall consider the application as if it were
the original approval.
C. Filing of Notice of Appeal. An appeal shall be taken by filing with the Clerk of the Commission
a notice of intent to appeal by 5:00 pm on the fourth business day following the final decision of
the Planning Director, and a documented appeal and appeal fee within seven business days of
the final decision of the Planning Director. Such notice of intent to appeal shall include the
following:
1. The action of the Planning Director which is the subject of the appeal; and
2. The date of such action.
D. Appeal Contents. In all cases, the complete appeal application shall include, and shall not be
deemed filed until, all of the materials required by §18.78.140, BMC is submitted.
E. Notice of Appeal. Once a complete appeal has been filed and a hearing date is set, notice of the
appeal shall be provided in the same fashion as was required for notice of the initial application.
The date, time and location for the public hearing on the appeal before the City Commission
shall be included in the required notice of the appeal.
F. Scheduling of the Hearing. Upon receipt of a complete appeal application the Clerk of the
Commission shall place the appeal on the next available regularly scheduled City Commission
agenda for scheduling. The City Commission shall schedule the hearing of the appeal within
thirty working days of the agenda item to set the hearing date.
G. Material. The material to be considered by the City Commission shall be the record of the
project review, including the Planning Director’s decision, in addition to materials that may be
submitted during the processing and review of the appeal.
1. No less than fourteen calendar days prior to the appeal hearing before the City
Commission the Planning Department shall transfer the entire record of the application
to the City Commission.
2. Any materials submitted by the appellant shall be provided to the City Commission no
less than fourteen calendar days prior to the appeal hearing before the City Commission.
H. Procedure of the Hearing. At the hearing on the appeal, the following procedure shall be
followed:
1. Only arguments and evidence relevant to the application shall be presented. The
presentation shall be made in the following order, subject to such limitations, in time and
scope as may be imposed at the discretion of the presiding officer:
a. Explanation of the application and nature of the appeal and presentation by
Planning Department staff;
b. Presentation of position by the applicant and/or representative;
c. Presentation by any person who is a proponent or an opponent of the
application; and
d. Motion, discussion and vote by the City Commission.
2. No person making a presentation shall be subject to cross-examination except that
members of the City Commission and the City Attorney may inquire of such person for
the purpose of eliciting information and for the purpose of clarifying information
presented.
I. Alternative Actions Available to the Appellate Body. At the conclusion of the hearing, the City
Commission shall approve, approve with conditions or deny the application.
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18.66.040 ADMINISTRATIVE INTERPRETATION APPEALS
A. A request for appeal of an interpretation of this title, including classifications of use per Chapter
18.14, BMC, shall be made by filing an application, with appropriate fees, with the Clerk of the
Commission within 30 calendar days of the interpretation decision. After receiving a completed
application the Clerk of the Commission shall schedule a hearing at a regular Commission
meeting. In all cases, the complete application shall include, and shall not be deemed filed until,
all of the materials required by §18.78.150, BMC are submitted.
B. The Commission shall cause to be made such investigation of facts bearing on the application as
will provide necessary information to assure that the action on each such application is
consistent with the intent and purpose of this title. During time of appeal all construction shall
cease and shall not commence until approved by the City Commission.
C. When interpreting the meaning of this title, subsections of the ordinance shall be construed in a
manner that will give effect to them all as the ordinance derives its meaning from the entire body
of text taken together.
D. The concurring vote of four members of the Commission shall be necessary to reverse any
order, requirements, decisions or determination of any administrative official, or to decide in
favor of the applicant.
18.66.050 DEVIATIONS
All requests for deviations in the neighborhood conservation overlay district, entryway overlay districts
or through the PUD process shall be heard by the BOA. Deviations may only be applied for in
conjunction with submittal of a development proposal of a type authorized by Chapters 18.34 and
18.36, BMC. Standards and criteria for award of deviations are contained in Chapters 18.28, 18.30 and
18.36, BMC. The concurring vote of four members of the BOA shall be necessary to grant requested
deviations to this title. The granting of a deviation is an exercise of administrative power that can effect
no change in the ordinance. A deviation may be granted only in a specific instance permitting a
nonconformity in order to accomplish the specific objectives of Sections 18.28.070, 18.30.080, and
18.36.030.D., and provided the standards and criteria imposed are met. Deviations shall not be granted
for relief from procedural requirements, or to waive or vary the application of an ordinance provision
imposing specific safety requirements, or to waive or vary the application of other ordinances or statutes
18.66.060 ZONING VARIANCES
A. Application. A request for one or more variance(s) shall be made by filing an application, with
appropriate fees, with the Planning Director at least 30 calendar days prior to the BOA hearing
and shall be accompanied by the materials described in §18.78.160, BMC.
B. Investigation of Facts. The BOA shall cause to be made such investigation of facts bearing on
the application as will provide necessary information to assure that the action on each such
application is consistent with the intent and purpose of this title.
C. Criteria for Consideration and Decision. In acting on an application for a variance, the BOA
shall designate such lawful conditions as will secure substantial protection for the public health,
safety and general welfare, and shall issue written decisions setting forth factual evidence that the
variance meets the standards of §76-2-323,MCA in that the variance:
1. Will not be contrary to and will serve the public interest;
2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary
hardship which would unavoidably result from the enforcement of the literal meaning of
this title:
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a. Hardship does not include difficulties arising from actions, or otherwise be self-
imposed, by the applicant or previous predecessors in interest, or potential for
greater financial returns; and
b. Conditions unique to the property may include, but are not limited to, slope,
presence of watercourses, after the fact imposition of additional regulations on
previously lawful lots, and governmental actions outside of the owners control;
3. Will observe the spirit of this title, including the adopted growth policy, and do
substantial justice;
4. In addition to the criteria specified above, in the case of a variance relating to the flood
hazard provisions of Chapter 18.58, BMC:
a. Variances shall not be issued for areas within a floodway if any additional
increase in flood elevations or velocities after allowable encroachments into the
floodway fringe would result;
b. Variances shall only be issued upon:
(1) A determination that the granting of a variance will not result in
increased flood hazards, present additional threats to public safety, be an
extraordinary public expense, create nuisances, cause fraud, victimize the
public, or conflict with existing state and local laws;
(2) A determination that the proposed use would be adequately
floodproofed as specified in Chapter 18.58, BMC;
(3) A determination that a reasonable alternate location outside the
floodplain is not available;
(4) A determination that the variance requested is the minimum necessary to
afford relief, considering the flood hazard; and
(5) Approval of the Montana Department of Natural Resources and
Conservation, upon request from the City, prior to formally approving
any permit application that is in variance to these regulations.
D. Authorization and Limitations on Approval.
1. The BOA may, after public notice and hearing, deny, approve or conditionally approve
all requests for variances meeting all the criteria of this section, including:
a. Requests to modify dimensional or other numerical requirements of this title;
b. Requests for multiple variances;
c. Requests to modify flood hazard district requirements subject to the provisions
of Chapter 18.58, BMC, except that no variance shall be granted to allow
construction of buildings within the floodway of a 100-year frequency flood as
defined in Title 76, Chapter 5, MCA; and
d. Requests for variances in conjunction with conditional use permits, except
planned unit developments. Approvals of all such variances shall be conditioned
upon BOA approval of the conditional use permit.
2. The scope and extent of the variance(s) shall be limited to the minimum relief necessary
to provide reasonable use of the property.
3. In no case may the BOA grant variances to allow uses not already permitted pursuant to
this title or alter administrative requirements of this title. Permission to change uses
allowed on a parcel may be sought through a zone map amendment or an amendment to
the text of the applicable zoning district.
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4. The concurring vote of four members of the BOA shall be necessary to effect any
variance of this title.
5. Notifications of approval for variances related to flood hazard requirements of Chapter
18.58, BMC shall notify the applicant that:
a. The issuance of a variance to construct a building below the 100-year floodplain
elevation will result in increased premium rates; and
b. Such construction below the 100-year flood elevation increases risks to life and
property.
E. Effective Time for BOA Decisions - Variances Void When. The decision of the BOA shall be
final except as provided in §18.66.080, BMC. If a building permit or land use permit is not
obtained for the subject property within six months from the date of the BOA’s decision, the
variance shall be automatically canceled and become null and void.
F. Variances are subject to §76-2-321 through §76-2-328, MCA.
18.66.070 SUBDIVISION VARIANCES
A. Procedure. The subdivider shall provide during the preapplication process, and include with the
submission of the preliminary plat, a written statement describing the requested variance and the
facts of hardship upon which the request is based. The Planning Board shall include their
findings and conclusion regarding the requested variance in its recommendation to the City
Commission. The City Commission shall then consider each variance at the public hearing on
the preliminary plat. A public hearing may not be held on a variance in association with a first
minor subdivision.
B. Review Criteria. Per §76-3-506, MCA, a variance to this title must be based on specific variance
criteria, and may not have the effect of nullifying the intent and purpose of this title. The City
Commission shall not approve subdivision variances unless it makes findings based upon the
evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
2. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced;
3. The variance will not cause a substantial increase in public costs; and
4. The variance will not, in any manner, place the subdivision in nonconformance with any
other provisions of this title or with the City’s growth policy.
C. Variances from Floodway Provisions Not Authorized. The City Commission may not, by
subdivision variance, permit subdivision for building purposes in areas located within the
floodway of a flood of 100-year frequency as defined in Title 76, Chapter 5, MCA. Any variances
related to floodways shall meet the standards of §18.66.060.C.4.a, BMC.
D. Conditions. In granting subdivision variances, the City Commission may require such
conditions as will, in its judgment, secure the objectives of this title. Any approval under this
section shall be subject to the terms of the conditions designated in connection therein. Any
conditions required shall be related both in purpose and scope with the relief sought through the
variance.
E. Statement of Facts. When any variance from this title is granted, the motion of approval shall
contain a statement describing the variance and conditions upon which the issuance of the
variance is based.
187
Exhibit L
Ordinance # 1769 page 66-7
F. Planned Unit Development. Where the standards and requirements of this title are proposed to
be modified through a planned unit development, the applicable process shall be a deviation
rather than a variance.
G. Limitations on Approvals. For subdivision variances, the variance approval shall be null and
void if the final plat is not filed within the time allowed for final approval by the City
Commission decision.
18.66.080 APPEALS FROM CITY COMMISSION ACTIONS
A. Zoning Variances. Any person or persons, jointly or severally, aggrieved by any decision of the
BOA or City Commission under this chapter, or any taxpayer, or any officer, department, board
or bureau of the municipality may present to a court of record a petition, duly verified, setting
forth that such decision is illegal in whole or in part and specifying the grounds of illegality. Such
petition shall be presented to the court within the time frame established by state law.
B. Zoning Decisions. An aggrieved person may appeal the approval, approval with conditions or
denial of a development application acted upon by the BOA or City Commission by presenting
to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or
in part and specifying the grounds of illegality. Such petition shall be presented to the court
within the time frame established by state law.
C. Subdivision Appeals. A party identified in subsection C.1 below who is aggrieved by a decision
of the City Commission to approve, conditionally approve or disapprove a proposed preliminary
plat or final subdivision plat, including variances, may, within thirty days after the decision,
appeal to the Eighteenth Judicial District Court, Gallatin County, State of Montana. The
petition must specify the grounds upon which the appeal is made.
1. The following parties may appeal under the provisions of this section:
a. The subdivider;
b. A landowner with a property boundary contiguous to the proposed subdivision
or a private landowner within the County where the subdivision is proposed if
that landowner can show a likelihood of material injury to the landowner’s
property or its value; and
c. The Gallatin County Commission.
2. If the aggrieved person is the subdivider, they may bring an action in district court to sue
the City to recover actual damages caused by a final action, decision, or order of the City
Commission or a regulation adopted pursuant to this chapter that is arbitrary or
capricious.
188
Exhibit M
Ordinance 1769 68-1
CHAPTER 18.68
TEXT AMENDMENTS
18.68.010 INITIATION OF AMENDMENTS AND CHANGES
A. The City Commission may, from time to time, amend, supplement or change this title and the
regulations appertaining thereto. An amendment, supplement or change may be initiated by the
City Commission, City Manager, Zoning Commission, Planning Board or upon petition from an
owner of property within the City.
B. The City Commission, Planning Board or Zoning Commission may upon a vote of a majority of
its members direct the initiation of an amendment to this title and the regulations appertaining
thereto. When one of these bodies initiates an amendment, the application shall be signed by the
Mayor, President of the Planning Board or Chairman of the Zoning Commission as applicable.
C. Whenever any person or entity allowed to initiate an amendment desires a change in regulations,
they may file with the Planning Department, on forms provided by the City for this purpose, an
application duly signed and notarized by that person or authorized representative of that entity
requesting an amendment or change of regulations.
1. When the application initiated by an owner of property, bearing the property owners
signature(s), is filed with the Department it shall contain or be accompanied by:
a. All the data and information pertinent to the understanding and judgment of the
proposal, as may be prescribed by the Commission for that purpose so as to
assure the fullest practicable presentation of facts for the permanent record; and
b. A notarized statement by at least one of the owners of property within the
area subject to the proposed changes attesting to the truth and correctness
of all facts and information presented with the petition.
18.68.020 AMENDMENTS - INVESTIGATION REQUIREMENTS
Upon initiation of an amendment, the City shall cause to be made an investigation of facts bearing on
such initiation or petition. The purpose of the investigation is to provide the necessary information to
assure that the action of each such petition is consistent with the intent and purpose of this title as set
forth in §18.02.040, BMC., This includes but is not limited to accordance with the Bozeman growth
policy. Amendments only addressing zoning standards will be measured against the zoning purposes.
Amendments which address only subdivision standards will be measured against the purposes related to
the subdivision purposes. Amendments which apply to both zoning and subdivision standards will be
reviewed against all the purposes.
18.68.030 PUBLIC HEARING PROCEDURES AND REQUIREMENTS
A. The City Commission, Zoning Commission and/or Planning Board shall hold one or more
public hearings on the matters referred to in such initiation or petition at which parties in
interest and citizens shall have an opportunity to be heard. Notice of such public hearings shall
be provided as required by Chapter 18.76, BMC.
B. Any amendment to the text of the title shall be the subject of one or more public hearing(s)
before the City Commission, after receiving a recommendation from the Zoning Commission
and/or Planning Board as set forth below.
C. The public hearings to be heard by the Zoning Commission and/or Planning Board shall be
conducted by the bodies specified in this subsection:
189
Exhibit M
Ordinance 1769 68-2
1. Any amendment to the text of this title affecting only zoning provisions of this title shall
be heard by the Zoning Commission.
2. Any amendment to the text of this title affecting only subdivisions shall be heard by the
Planning Board.
3. Any amendment to the text of this title affecting both zoning and subdivision shall be
heard as a joint hearing of the Planning Board and Zoning Commission with the
president of the Planning Board to preside. When there is a question as to whether an
amendment would affect both subdivision and zoning, the public hearing shall be jointly
held.
4. After such hearing or hearings, the Zoning Commission and/or Planning Board will
make reports and recommendations on the petition or initiation to the City Commission.
D. In the event that there is a question as to whether a proposed text amendment affects both
zoning and subdivision, or only one of the subjects, the planning director shall determine which
bodies must hold a public hearing.
E. Recommendations to the City Commission and other official actions by both the Zoning
Commission and the Planning Board shall be only be official if made by at least a majority of a
quorum of the body.
18.68.040 PROTEST TEXT AMENDMENTS
In the case of protest against such changes signed by the owners of 25 percent or more of either the
area of the lots included in any proposed change, or those lots 150 feet from a lot included in a
proposed change, such amendment may not become effective except upon a favorable vote of two-
thirds of the present and voting members of the City Commission.
190
Exhibit N
Ordinance 1769 70-1
CHAPTER 18.70
ZONING MAP AMENDMENTS
18.70.010 INITIATION OF AMENDMENTS AND CHANGES
A. The City Commission may, from time to time, amend, supplement or change the zoning district
maps appertaining to this title. An amendment, supplement or change may be initiated by the
City Commission, Zoning Commission or upon application from an owner of property within
the City.
B. The City Commission or Zoning Commission may upon a vote of a majority of its members
direct the initiation of an amendment to the zoning map. When either body initiates an
amendment, the application shall be signed by the Mayor or Chairman of the Zoning
Commission as applicable.
C. Whenever the property owner of any land or building desires a reclassification on his/her
property, they may file with the Planning Department an application requesting an amendment
or change of regulations prescribed for such property. Applications for change of district
boundaries or reclassification of districts as shown on the Zoning District Map shall be on forms
supplied and prepared by the Department. When the application, bearing property owner’
signatures, is filed with the Department it shall contain or be accompanied by:
1. All the data and information pertinent to the understanding and judgment of the
proposal, as may be prescribed by the Commission for that purpose so as to assure the
fullest practicable presentation of facts for the permanent record; and
2. A notarized statement by at least one of the owners of property within the area
proposed to be changed attesting to the truth and correctness of all facts and
information presented with the application.
D. Whenever an owner of any land within the City desires a reclassification on property that they
do not own, such as a request to establish a different zoning classification for a block or other
group of properties, they may file with the Planning Department on forms provided by the City
for this purpose an application duly signed by the owners of no less than 51 percent of either the
area of lots or number of lots of the affected property requesting an amendment for such
property. When the application, bearing property owners signatures, is filed with the
Department it shall contain or be accompanied by:
1. All the data and information pertinent to the understanding and judgment of the
proposal, as may be prescribed by the Commission for that purpose so as to assure the
fullest practicable presentation of facts for the permanent record; and
2. A notarized statement by at least one of the owners of property within the area
proposed to be changed attesting to the truth and correctness of all facts and
information presented with the petition.
3. A application containing less than the required number of signatures shall be considered
incomplete and invalid and shall not be processed.
18.70.020 AMENDMENTS AND REZONINGS - INVESTIGATION REQUIREMENTS
Upon initiation of an amendment the City shall cause to be made an investigation of facts bearing on
such initiation or application as will provide necessary information to assure that the action of each such
application is consistent with the intent and purpose of this title. Specifically the investigation must
address the criteria of §76-02-304 MCA which are contained in Section 18.02.040.C, BMC.
191
Exhibit N
Ordinance 1769 70-2
18.70.030 PUBLIC HEARING PROCEDURES AND REQUIREMENTS
A. The City Commission and Zoning Commission shall hold public hearings on the matters
referred to in such application at which parties of interest and citizens shall have an opportunity
to be heard.
B. The Planning Director shall give public notice as required by Chapter 18.76, BMC. The Planning
Director shall provide to the City Commission and Zoning Commission a report of the staff’s
analysis of the application.
C. After such hearing or hearings, the Zoning Commission will make reports and recommendations
on the application to the City Commission.
D. After the Zoning Commission has forwarded a recommendation on the amendment to the
zoning district map, a public hearing shall be held by the City Commission for the purpose of
acting upon the proposed amendment after public notice.
1. In the case of protest against such changes, signed by the owners of 25 percent or more
of either the area of the lots included in any proposed change or those lots 150 feet from
a lot included in a proposed change, such amendment may not become effective except
upon a favorable vote of two-thirds of the present and voting members of the City
Commission. The provisions of subsection 18.70.030.D include the ability for an
applicant to protest a possible decision to adopt a zoning less than originally requested
when the applicant meets the same criteria as other affected landowners.
2. If the City Commission intends to adopt a zoning designation different than that applied
for, the hearing will be continued for a minimum of one week to enable the applicant to
consider their options and whether to protest the possible action. In the case of protest
against a change to the zoning map by the applicant the same favorable vote of two-
thirds of the present and voting members of the City Commission is required as for any
other protested zoning action.
192
Exhibit O
Ordinance # 1769. page 74-1
CHAPTER 18.74
IMPROVEMENTS AND GUARANTEES
18.74.010 PURPOSE AND APPLICABILITY
A. This chapter is to provide standards and procedures relating to the installation of physical
improvements and compliance with requirements related to development. As these
improvements are 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 necessary to provide means by
which their installation can be assured. Such improvements may 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 in 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. This 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, especially multi-phased
projects;
3. Ensure adequate warranty or maintenance, when appropriate, of improvements;
4. Provide for mechanisms to ensure performance of or conformance with conditions of
approval or development requirements; and
5. Accomplish the above listed purposes through mechanisms that reduce the need to rely
on costly litigation to accomplish those purposes.
B. This chapter applies to all subdivisions 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 City may determine the nature and timing of required installation of improvements
as part of the subdivision or site development process. When necessary to protect the
health, safety, 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. General. It shall be the responsibility of the developer to comply with the following procedures
and standards for the installation of development improvements, including parks.
1. Construction Routes. For all developments, excluding sketch and reuse/further
development, a construction route map shall be provided showing how materials and
heavy 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.
193
Exhibit O
Ordinance # 1769. page 74-2
2. Protection of Existing Improvements. The developer, his contractors and suppliers shall
be jointly and severally responsible to ensure that existing improvements are not
damaged or rendered less useful by the operation of the developer, his contractors or
suppliers. Such protection of improvements may include requirements for cleaning of
vehicles leaving a construction site. This provision is intended to preclude damage to
existing roads, streets, water, sewer and drainage systems. The City Engineer may
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.
B. Improvements to be Dedicated to the Public.
1 Plans and Specifications. Engineering and survey plans, specifications and reports
required in connection with public improvements and other elements of the subdivision,
or other development required by the City of Bozeman, shall be prepared by a registered
engineer and/or a registered land surveyor, licensed in the State of Montana, as their
respective licensing laws allow. The plans and specifications shall be prepared in
compliance with the City of Bozeman’s Design Standards and Specifications Policy
and/or Park Design Standards as is applicable. Plans and specifications for non-
engineering improvements shall be prepared by a person whose qualifications are
acceptable to the City department with responsibility for the type of improvements.
Plans and specifications for non-engineering improvements shall be prepared in
compliance with any applicable adopted design standards and specifications policy.
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 in every detail of the work in accordance with the
plans, specifications and terms set forth under these regulations.
a. The developer shall furnish the plans, specifications and typical sections for
approval by the City. It shall be understood that the work to be done will not
necessarily be limited to occurring within the right-of-way or park boundaries.
b. The City has authority to make or cause to be made any reasonable changes,
alterations, amendments and additions to the standard specifications for
infrastructure or park improvements.
3. Control of Work. During the course of construction, and at the completion of each
phase of the project, the developer’s registered civil engineer, or other person acceptable
to the City, shall submit a statement that the improvements have been inspected and
found to have been constructed in accordance with the approved plans and
specifications. Prior to making any changes, the developer’s engineer shall notify and
receive written approval or disapproval from the City for any changes in 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 surety 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
194
Exhibit O
Ordinance # 1769. page 74-3
contractors. All plans and specifications related to park and public trail
improvements shall be submitted to the Parks Division for review and approval.
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 City of Bozeman financially
guaranteeing the installation and performance of the improvements.
d. After the final site plan is approved, subject to §18.74.030.C, BMC, and prior to
occupancy of any buildings, the developer shall either install the required
improvements or enter into an agreement with the City of Bozeman financially
guaranteeing the installation and performance of the improvements.
5. Sanitary Facilities. Water supply, sewage disposal and solid waste disposal systems shall
meet the minimum standards of the City of Bozeman and the Montana Department of
Environmental Quality as required by §76-4-101 through §76-4-135, MCA, 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. The developer is responsible
for coordinating installation with all necessary parties and to restore to its original condition any
public improvements or any private improvements or property damaged during installation of
private improvements.
18.74.030 COMPLETION OF IMPROVEMENTS
A. General. The 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.
1. Improvements to be Dedicated to the Public. Improvements to be dedicated to the
public, such as water mains, sewer mains, park land and related improvements, 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 occupancy or other identified benchmark as
may be appropriate. As-built drawings complying with the City of Bozeman’s Design
Standards and Specifications Policy, including timing 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, private parks or open space, 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
195
Exhibit O
Ordinance # 1769. page 74-4
prior to the approval of the final plat, issuance of a certificate of occupancy for the
building(s) or site, or other identified benchmark as may be appropriate. All
improvements 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 Agreement Required. All improvements necessary or required to meet
the standards of this title or conditions of approval shall be the subject of an
improvements agreement and be guaranteed if 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.
a. Reservation. The City reserves the right to require actual installation of
improvements prior to occupancy when such improvements are necessary to
provide for health, safety and welfare or adequate function of systems or onsite
development.
B. Completion Time for Subdivisions.
1. All subdivision improvements, including parks, shall be constructed and completed as
approved by the City.
a. All improvements shall be installed prior to the issuance of a building permit for
any lot within a subdivision unless otherwise provided for in development
proposals occurring under the provisions of Chapter 18.36, BMC, Planned Unit
Development (PUD), 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. The option SHALL be specified in the preliminary plat
submittal. Should the applicant not identify which option is desired, option (1)
shall be required. Altering the choice of option after approval of the
development shall constitute a material modification to the project and require
re-review of the project for modification to the approval subject to the
provisions of §18.02.070, BMC.
(1) The subdivision streets improvements shall be installed prior to final plat
approval. This requirement may be modified by the City Engineer for
streets where dictated by circumstances, and where acceptable
improvement security for the ultimate development of the streets is
provided. However, under no circumstances shall the required gravel
courses, curbs or gutters be waived. This requirement shall generally 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 infrastructure improvements not yet completed. The
improvements agreement shall be financially guaranteed, as explained in
this chapter. However, at a minimum, the plans and specifications for the
street improvements must be approved by the City Engineer prior to
final plat approval. Building permits will not be issued until the street
improvements are completed and accepted by 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
196
Exhibit O
Ordinance # 1769. page 74-5
(3) The subdivider may request that street improvements be guaranteed by
the creation of a special improvements district (SID). If a SID is formed
for the improvements, 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 by 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.
2. Sidewalks. City standard sidewalks (including a concrete sidewalk section through all
private drive approaches) shall be constructed on all public and private street frontages
prior to occupancy of any structure on individual lots. Should a subdivider choose not to
install all sidewalks prior to final plat, an improvements agreement shall be entered into
with the City of Bozeman guaranteeing the completion of all sidewalks within the
subdivision within a three-year period. The developer shall supply the City 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 any phase of the
subdivision, any lot owner who has not constructed said sidewalk shall, without
further notice, construct within 30 days, said sidewalk for their lot(s), regardless
of whether other improvements have been made upon the lot.
3. Subdivision Lighting. Subdivision lighting, as required in §18.42.150, BMC shall be
incorporated into all subdivisions. Prior to final plat approval, subdivision lighting shall
be installed or financially guaranteed. If the subdivision lighting is financially guaranteed,
they shall be considered as part of the required street improvements and building
permits 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 any building permits on such lots or
sites, municipal water distribution systems, and municipal sanitary sewer collection systems, and
streets shall be provided to the site. Each building site must utilize and be connected to both the
municipal water distribution and municipal sanitary sewer collection systems. 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:
197
Exhibit O
Ordinance # 1769. page 74-6
a. Water, sewer and street services are installed and accepted by the City with
service stubs being extended into the site, with such stubs being of adequate size
to provide water and sewer service to the proposed development without
modification to publicly owned infrastructure;
OR
b. The water mains, sewer mains and streets to be extended to provide service to
the development are: located within a publicly 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 by the City; and are
adequate in capacity to provide necessary service to the proposed development;
and comply with the requirements of this subsection and subsection c below:
c. Water mains, sewer mains and streets shall meet the following requirements.
(1) Any 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-way; shall serve only a single lot; are the subject of
an irrevocable offer of dedication to the City 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) The DRC shall determine when the standards of this subsection are met.
The Fire Department must consider whether adequate fire protection
services are available from existing hydrants, and water supply exists to
meet needs during construction. If adequate fire protection does not exist
then concurrent infrastructure and building construction may only occur
under the provisions of subsection (3) below. Based on evaluation by the
Fire Department, simultaneous construction of infrastructure to be
dedicated to the public and private construction may 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 Environmental Quality
when applicable, prior to issuance of any building permit for the
development; and
(4) No occupancy, either temporary or final, may be issued until all onsite
and offsite water, sewer and street or drive improvements are installed
and accepted or approved as applicable by the City.
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, Planned 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, BMC;
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 by the city, with said
guarantee to be in the name of the City;
198
Exhibit O
Ordinance # 1769. page 74-7
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 PUD shall
cease until required phases of infrastructure improvements as described in the PUD have
been completed, and inspected and accepted by the City;
5. The subdivider shall provide and maintain fire hazard and liability insurance which shall
name the City as an additional insured and such issuance shall not be cancelled without
at least forty-five days prior notice to the City. The subdivider shall furnish evidence,
satisfactory to the City, of all such policies and the effective dates thereof;
6. The subdivider recognizes, acknowledges and assumes the increased risk of loss because
certain public services do not exist at the site;
7. The subdivider shall enter into an agreement with the City which provides for
predetermined infrastructure funding options;
8. No occupancy of any 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 safety hazard in the opinion of the City;
9. The subdivider shall enter into an agreement with the City to address the provision of
any services on an interim basis during construction, if deemed appropriate;
10. The subdivider shall execute a hold harmless and indemnification agreement
indemnifying, defending and holding 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. The subdivider shall pay for any extraordinary costs associated with the project which
the City may 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. The development shall be under the control of a single developer and all work shall be
under the supervision of a single general contractor. The developer and general
contractor shall agree that there shall be no third-party builders until required
infrastructure improvements have been completed, and inspected and accepted by the
City.
13. Subsequent to preliminary plat approval, a Concurrent Construction Plan, addressing all
requirements of this section, shall be submitted for review and approval of the Planning
Director with a recommendation from the Development Review Committee.
E. Notwithstanding the provisions of Section D above, the City may limit the scope, type and
number of projects eligible for simultaneous construction consideration.
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18.74.040 SPECIAL PROVISIONS FOR TIMING OF CERTAIN IMPROVEMENTS
A. 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.
2. Due to seasonal considerations, building and occupancy permits may be issued prior to
installation of improvements 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 City street system by the City of
Bozeman, it shall be built to meet or exceed the required standards. Any improvements
made to County roads shall meet or exceed standards set by the County Road Office,
and must be reviewed and approved by the County Road Office. Any bridge
improvement, within the City or the County, shall meet or exceed standards set by the
Montana Department of Transportation, and must be reviewed and approved by the
County Road Office and the City of Bozeman, and accepted by the County Road Office
into the County’s bridge maintenance system.
2. Acceptance of Park, Water, Sewer, and Storm Drainage Improvements. Before any
public park, water, sewer or storm drainage improvement, whether new or existing, can
be accepted into the City system by the City of Bozeman, it shall be built to meet or
exceed the required standards. Any improvement, within the City or County, shall meet
or exceed standards set by the City of Bozeman, Montana Department of
Environmental Quality and County Road Office, and must be reviewed and approved by
the City of Bozeman and the County Road Office, as applicable.
3. As-Built Record Drawings. As-built record drawings of all public infrastructure
improvements constructed within the City of Bozeman, drawn to the specifications
required by the City, shall be submitted prior to final plat approval, per §8.94.3003(3.g),
ARM, or other relevant final benchmark for site development.
4. The City 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 occupancy, final plat
or other conclusory action if all terms and details of the approval are complied with. Except 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,
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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, BMC.
18.74.060 IMPROVEMENTS AGREEMENTS
A. 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 City.
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 the City
at the time of final approval of the certificate of appropriateness.
B. If an improvements agreement is used to guarantee the completion of required improvements,
including infrastructure, it may allow for the staged installation of improvements in defined areas
and in accordance with an approved time schedule. At the City’s discretion, the improvements in
a prior increment may be required to be completed or the payment or guarantee of payment for
costs of the improvements incurred in a prior increment must be satisfied before development
of future increments.
1. If an improvements agreement is filed with the final subdivision plat to secure
infrastructure improvements, a separate document shall be filed with the final plat that
clearly states that building 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 City Engineer for streets where dictated by circumstances, and where acceptable
improvement security for the ultimate development of the streets is provided. However,
under no 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 City 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. All Agreements. All improvements agreements shall meet the following standards:
a. The agreement and security shall be satisfactory to the City Attorney as to form
and manner of execution;
b. Detailed 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 security 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 security 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 City to claim the guarantee by certifying that
the developer is in default of the performance to be secured;
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e. Requests for partial release of security shall only be in amounts such that the
security will always equal 150 percent of the value of the remaining uncompleted
work, and such that not more than 90 percent of the security is released prior to
completion of all improvements. The City may take into account the location
and scope of development phases in evaluating requests to reduce the amount of
a financial guarantee. The City 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 City to require a replacement security in the event the issuer
of the security becomes insolvent, enters receivership, or otherwise gives cause
for the City to lack confidence in the ability of the issuer to honor the security;
g. Shall permit the City 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 security, including but not limited to costs for the City Attorney’s time;
and
h. The financial security shall be placed in the keeping of the City Treasurer.
2. 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. The agreement shall stipulate the time schedule the
subdivider proposes for accomplishing the required improvements;
b. The estimated cost of improvements shall be provided by the subdivider’s
professional engineer. The City Engineer has the discretion to require a second
estimate of the cost of improvements, with the cost of obtaining the second
estimate borne by the subdivider. The agreement shall stipulate which type of
security arrangements will be used;
c. Security for improvements for internal subdivision streets, water, storm drainage
and sewer mains, shall be reduced only upon recommendation of the City
Engineer;
d Security for improvements other than internal subdivision streets, water, storm
drainage and sewer mains, shall be reduced only upon recommendation of the
City Engineer and approval by the City Commission, upon request by the
subdivider;
e. The improvements agreement shall be filed with the final plat; and
f. The security provided shall be a financial security valid for eighteen months.
3. Site Development. Improvements agreements for developments other than subdivisions
shall meet the following standards in addition to those listed in subsection C.1 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. All secured improvements must be completed by the developer within nine
months of occupancy or the security shall be forfeited to the City for the
purpose of installing or contracting for the installation of the required
improvements;
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d. At the Planning Director’s discretion, a developer may be permitted to extend
the manner of security, in general for a period not to exceed 1 additional year.
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 property 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
ADA compliance, parking surfaces adequate to meet the needs of the
uses to be conducted during the term of the improvements agreement, or
matters related to life safety are required to be installed prior to any
occupancy; and
f. When all provisions are met for occupancy 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 certificate of occupancy which allows
occupancy of the facility 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
permit 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, type 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.
E. The Planning Director shall be responsible to sign improvements agreements on behalf of the
City.
F. When an improvements agreement is used to allow the filing of a final plat prior to the
completion of infrastructure, a notice 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 may require a subdivider or other site developer to pay 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 directly 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
A. Financial Securities. A variety 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
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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 City. Financial
security is the primary method to provide security for installation of physical improvements.
1. Direct payment of cash to the City;
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 by the City
Attorney.
B. Nonfinancial Securities. In addition to the possible financial securities listed above, the following
nonfinancial securities may be used to ensure compliance with conditions of approval, ensure
maintenance of required improvements and coordinate timing of development. When deemed
appropriate, the City may use nonfinancial security methods in combination with a financial
security method.
1. Granting of final permits;
2. Sequential approval of multi-phased projects, with subsequent phases to not receive
approval until prior approved phases have complied with all requirements;
3. Formation of a special improvement or maintenance district. This method shall not be
considered completed until after all final actions have occurred and the district is in
existence and the bonds sold;
4. Establishment of a property 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
6. 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
A. General. For the purposes of this section, “common areas and facilities” include:
1. Public and/or private parkland;
2. Boulevard strips in public rights-of-way along external 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. An 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
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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. When landscaping in a park is installed by the subdivider, the subdivider
shall comply with the Parks Design Standards and warrant against defects in these
improvements for a period of two years from the date of installation of the landscaping.
2. Tree 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 by the subdivider or by a
property owners association, a maintenance plan that complies with §18.72.040, BMC shall be
submitted with the preliminary plat application for review and approval. The maintenance plan
shall include a maintenance schedule, and a mechanism to assess and enforce the common
expenses 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
improvements are transferred to a property owners association, or other final custodian.
Maintenance shall be provided by the property owners association for parks until the City shall
establish a park maintenance district or other dedicated funding source and affirmatively accept
responsibility for maintenance. The provisions of §18.72.040.B, BMC apply to this section.
1. Landscaping Warranty. Any required or proposed landscaping must be maintained in a
healthy, growing condition at all times. Any plant that dies must be replaced with
another living plant that complies with the approved landscape plan.
2. Shade Tree Maintenance. The Forestry Department shall be responsible for the
maintenance of shade trees in all City rights-of-way and on City property, including
parks.
18.74.100 WARRANTY
All publicly dedicated improvements shall be subject to a warranty of duration and scope to meet the
City of Bozeman’s Design Standards and Specifications Manual and/or Park Design Standards as
applicable.
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