HomeMy WebLinkAboutOrdinance 09- 1769 amending Title 18 of Bozeman Municipal Code, Unified Development Ordinance 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:
p P
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.
CD. A floodplain development permit application is considered to have been automatically
granted 60 days shall be reviewed and acted upon within 180 working days after the date of
receipt of the complete application by the City Floodplain Administrator. unless the
applicant has been notified that the permit is denied, conditionally approved or 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.
DE. The City Floodplain Administrator shall adopt such administrative procedures as may be
necessary to efficiently administer the provision of these regulations.
EI{. 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.
1aG. 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 arc
satisfied.
GH. 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.
HI. 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 18.58.260.0 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 on suitable fill such so that the lowest
floor elevation (including basement) is 2 feet or more above the base flood elevation. The
Any approvedsuitable fill shall be at an elevation no lower than the base flood elevation and
shall extend for at ]cast 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:
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18.78.080 Site Plan Submittal Requirements
Applications for all site plan approvals shall be submitted to the Planning Department on forms
provided by the Planning Director. 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 ro' ect/develo ment;
P J P
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 ose a threat to public health and safety.
P p Y
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. Parce](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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1. Provision for handicapped accessibility, including but not limited to,
wheelchair ramps, parking spaces, handrails and curb cuts, including construction
details and the applicant's certification of 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 18.50.020.13, 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 14"' day of December 2009.
1
KAAREN JACCMSON
MAYOR
A. AAA
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♦�VIC
CIT ♦S`
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 28` day of
December, 2009.
KAAREN JACO ON
MAYOR
ATT 8 0
1 ♦+4-
ST C
CITY..co
APPROVED AS TO FORM:
G SULLIVA.
Cft ATTORNEY
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CHAPTER 18.02
GENERAL PROVISIONS
1 CITATION
8.02 .01 0 C AT ON
This title shall be known and cited as the l.inified Development Ordinance of the City of Bozennan,
except when cited herein, where it shall be referred to as "this title."
18.02.020 AUTHORITY
This title is adopted by authority of §176 -2 -301 ct seq., §76 -3 -101 et seq. and 57 -3 -701 ct scq., MCj1.
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 linnits 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
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, usc, 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 o f 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 stree and highways; providing
adequate light, air, water supply, sewage disposal, parks and recre areas, ingress and egress,
and other public improvements; requiring development in h arII7ony 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 M(;,1).
C. It is further the purpose of these regulations to: be in accord with the growth policy secur
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 M(,
D. Further, to support the purposes of §76 -2 -304 and X76 -3 -102, MCA, these regulations arc
intended to promote and to provide for the:
1. Orderly development of the City;
Ordinance 1769 1,ffectivc January 30, 2010 page 02 -1
2. Coordination of streets Nvithin subdivided land with other streets and roads, both
existing and planned;
3. Dedication of land for streets and roadways and for public utility cascrrJcnts;
4. Improwc'mcnt 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. \voidance 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.
1.?. Pursuant to X76 -2 -304, §76 -1 -605 and X76 -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
cotnniunity. In some instances the public interest will be best served when such minimums arcs
exceeded. Wherever the requirements of this title arc at variance with the requirements of an
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.
Ordinance 1769 l January 30, 2010 page 02 -2
18.02.060 DONATIONS OR GRANTS TO PUBLIC CONSIDERED A GRANT TO DONEE
I?very 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
y. 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.
1 lowcver, 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 §A8.06.040.117 may also
apply to revisions of conditions for preliminary plats.
C. Mandator) 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
1. 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 comtnence 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 liozenian and partly within unincorporated
Gallatin County, the proposed development must be submitted to and approved by both the City and
Gallatin County.
Ordinance 1769 1 ffccti -,Tc J anuary 30, 2010 page 02 -3
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 developinent process in order to meet the
requirements of this title or another required standard. The City slay prohibit private restrictions that
violate matters of law. Covenants are subject to the requirements of §18.72.030, BN4(;.
18.02.110 SEVERABILITY
Wherc 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.
Ordinance 1769 Hffcctive January 30, 2010 page 02 -4
CHAPTER 18.06
REVIEW PROCEDURES FOR SUBDIVISIONS
18.06.010 GENERAL PROCEDURE
Ever' plat of subdivision tllust 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 bc
sold or tran "sferrcd 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
'Flic purpose of a pic- 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. _N11nor Subdivisions Prior to the submittal of a subdivision application for a minor subdivision,
the dcvc1oper shall submit an application for subdivision prc 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 X18.78.030, 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 Departnlc:nt'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 ill 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.
l). "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. Ever
Ordinance 1769 Effective Canuary 30, 2010 page 06 -1
effort shall be made by the Pl anning 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. `1The letter of request and
additional copies of the pic- application materials are required for this optional review.
a. ']'lie request must be received at least thirty working days prior to the Planning
Board meeting at which it is to be considere 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 Fnvironmental Quality (DH�Q) /Local
Government J oint Application Morin in the place of a Preliminary Plat Application Form, and to request
concurrent subdivision review by the Department of 1;nvironmental Quality and the City Commission,
pursuant to 576 -4 -129, I\1CA.
18.06.040 PRELIMINARY PLAT
,\fter the requirement for a pre-application review has been satisfied, the developer may submit a
sLibdlvlSlon 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.
1. Acceptabihj)� and Adequacy of A112lication The time limits in paragraphs 1 and 2 of
this subsection apply to each successive submittal of the application until a
determination is trade that the application contains the required materials and is
adequate for review and the subdivider or the agent is notified.
1. The Planting 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 re garding
acceptability. The. five working day review period shall be considered met if the letter is
dated si&nied 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 dcternii.nes 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
Ordinance 1769 l ffectivc January 30, 2010 page 06
the application is inadequate, a written explanation of wily the application is inadequate
will be returned to tiie subdivider, who is the property owner. If the application is
adequate the subdi- =icier shall be so notified. 'I'll( property owner may designate in
writing another party to receive notifications regarditg adequacy.
I
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 resubmlttal shall require payment of a review fee
as if it were a new application.
b. 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 subinittal 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 sLlbtnisslon of the
subdivision application a written statement describing the requested waiver and the
reasons upon which the request is based. 'file: final approval body shall tiled collsicicr
each waiver it the time the subdivisions application is reviewed. X11 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 subinit 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 Commissiotl's consideration of the subdivision
application beyond the statutorily specified review period. If the Planing Department shall
request review b) a public utility, agency of government, and other parties regarding the
subdivision application that was not identified during the pre- application review the ]Manning
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 suppleillentaly plans and
inforiation, 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 Te.stiinony. 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 continent 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
t:he City Commission fission by the Planning Board.
2. Plai_ining_ Board Recommendat Within ten working days of their review, the
Planning Board shall submit its 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.
Ordinance 1769 hffcctive. January 30, 2010 page 06 -3
1]. Cit�,7 C;ommission Review The City Commission shall review and take action on all pro�poscd
subdivisions.
1. 'nit.. following requirements for a public hearing or a public meeting, and for statutor}
review periods, sh all be met:
a. 1^irst Minor Subdivision Created from a "Tract of Record The City Commmission
shall consider the subdivision application and the Planning Board's
re.commlendation du ring; 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 subscquent minor subdivision if the Tract has been previously subdivided or
created by a subdivision; or the "Tract has desccrnded 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 triin
subdivision is requesting a variance from any requirement of this title, the
procedures of '�A S.66.070, BMC nnist be followed except that a public
hearing; shall not be held.
b. Subdivisions Eli gible for Summary Review. The City Commission shall consider
the application and the Planning Board's recommendation during a regular
public meeting of the C:ornmission. T City Commission shall approve,
conditionally approve or deny a proposed subdivision that is eligible for
summary review within tivrty five calendar days of determination that the
application is adequate, unless thetc is a written extension from the dcvclope.r.
Minor subdivisions are eligible for summary review if the plat has been approved
by the Montana Department of Environmental Quality wheriever approval is
required by X176 -4 -101 et scq., MCA.
C, Second or Subsequent Minor Subdivision Created l'rom a Tract of Record. For
the second or subsequent minor subdivision created froth a tract of record, the
City Commission shall hold a public hearing; on the subdivision application. The
City C,omnitssion 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 Tcstimen 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.
Ordinance 1769 Effective January 30, 2010 page 06 -4
hearing; before. the City Commission and shall be incorporated into the written
record of the review n7aintained by the City.
f. New and Credible Information. The City Commission shall dcte.rmine whether
public con7mcx7ts or documents presented to the City on 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, Bl\l(.: that the public has had a
reasonable opportunity to examine and on which tl7c public has had a
reasonable opportumity 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 cot77mcnts or
documents constitute new information not previously considered at a
public hearing, the City Con7i77ission may:
(a) Approve, conditionally approve, or deny the proposed
subdivision without basing its decision on the new information if
the governing body determine 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 ne.w and credible
information, the 60 working day review period required in §18.06.040.1]
is suspended and the new hearing must be noticed and held within 45
days of the governing body's d eterm i nation 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 su application that is pr esented 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 §176 -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 �A &78.050.1,
Ordinance 1769 Pffective January 30, 2010 page 06 -5
BIVIC 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 of inore 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 bod 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 JSB 290, section 41, 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 Cit)7Commission _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 litrtitcd 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 X76 -4- 125(2), MC;1, for the
certification established in 01$.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 18.78.050.1, MIC, or public
Ordinance 1769 l;ffective January 30, 2010 page 06 -6
continent received pursuant to 76 -3 -604 on the information provided pursuant
to 18.78.050.1, I NIC. k conditional approval or denial shall be based on
existing subdivision, zoning, or other regulations that the City Commission has
the authority to enforce.
3. Gi fu Commission zlction If the City C ommission 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:
sl. 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 requite 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 requited by this title. Tlie City Comrlaission may not unreasonably
restrict a landowner's ability to develop land, but it is rccogilizcd 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 sliall 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 su bdivision, the Cite Comnitssion shall issue written findings
of fact that discuss and weigh the following criteria, as applicable (pursuant to §76 -3-608,
M C'
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 ma)( subdivisions, the findings of fact shall also address the effect
on agriculture, agricultural water user facilities, local services, the natural
emTironment, wildlife and wildlife habitat, and public health and safety.
17. 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 forth the basis of the decision and
support the conclusions of the governing body may be incorporated into
the written findings by reference.
Ordinance 1769 Effective January 30, 2010 page 06 -7
6. Subdivision Aj )I )lication Allproval Period Upon approving or conditionall approving a
subdivision application, the City Commission shall p rovide 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 y ears for single- phased IIlalor subdivisions and
three years for multi- phased majot 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 iniprovcments agreement between the City
Commission and the developer, provided for in 18,74.060,131\1C.
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 unneccssary, impossible or illegal. Changes to conditions that are not
utiriecessary, impossible or illegal shall be subject to the provisions of �A&02.070, BNIC.
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 C.onunnssion shall conduct
a public hearing on the request. If it is an application for a minor subdivision,
the City Coriimission 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.
C. 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 I?nviromn Quality
(DI3Q) 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 stormwatcr
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 DEC) 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. `1'hc number of proposed parcels in the subdivision;
4. A copy of any applicable zoning ordinances in effect;
5. I Iow construction of the sewage disposal and water supply systems or extensions will be
financed;
Ordinance 1769 Pffective. 1anuary 30, 2010 page 06 -8
6. Certification that the subdivision is witliui a jurisdictional area that has adapted a growth
police 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 supple of water and disposal of
sewage and solid waste arc available or will be provided within the time provided in j
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 storInwater draiIlage.
18.06.060 FINAL PLAT APPLICATION
lftcr 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 ghats as set forth in §8.94.3003 1RIN1. flans and data shall be
prepared under the supervision of a registered surveyor, licensed in the State of Montana, as their
licensing; laws allow.
1. final Plat Submittal The filial plat aIld all supplemeIltary 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
farm, the appropriate review fee, all information required by X18.78.070, BNIC, and a written
explanation of how each of the conditions of subdivision application approval has been satisfied.
B. Count, 'treasurer Certification ,y filial 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 filial approval have been met, the Planning Department shall
forward a report to the City Commission for their action.
1.. 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 filial 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.
Ordinance 1769 Fffcctivc January 30, 2010 page. 06 -9
2. If the final plat is deified, the Cite Commissi(m shall cause a letter to be written to the
dcvch-)per stating the reasons therefore.
1'. Filing 1'hc developer shall file the approved, signed final plat and all other rcyiiired 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 tiled with the County Clerk and Recorder as .m amended
plat. An amended flat may not be filed unless it meets the filing requirements for a final subdivision
plat specified in these regulations.
Ordinance 1769 Effective january 30, 2010 page 06-10
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
.pct 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 all order
of any court in the state pursuant to the law of eminent domain (576- 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 comnictit
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
requireients 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.()6, 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 (576- 3- 201(1)(c), MCA);
D. A division of land creates cemetery lots (576 -3- 201(1)(4), MCA);
1?. A division of land is created by the reservation of a life estate (576- 3- 201(1)(e), MCA);
F. A division of land is created by lease or rental for farming and agricultural purposes (576
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 (576- 3- 201(1)(h), MCA);
II. The land upon which an improvement is situated has been subdivided in compliance with this
title and the Act, tine. 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
(576 -3 -202, MCA);
1. 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 (576 -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
Ordinance 1769 Effective January 30, 2010 10 -1
for onsitc weather or air navigation facilities, the nnainufacturc, maintenance, and storage of
aircraft or air carrier- related activities (�76 -3- 205(1), RICA);
K. 1 division of state -owned land unless the division c:rcates a second or subsequent parcel from a
single tract for sale, rent or lease for residential purposes after July 1, 1974 ('§76 205(2), MCA);
and
11. Deeds, contracts, ]cases or other conveyances that were executed prior to _July 1, 1974 (576 -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 576 -3 -401, MCA for lands other than subdivisions and are
subject to applicable zoning regulations adopted under 'Title 76, Chapter 2, MCA. 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.
1. 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), 1\1Cf1);
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 (5176- 3- 207(c), MCA);
D. For five or fewer lots within a platted subdivision, the relocation of common boundaries (S76
3- 207(d), MCA); and
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 unplatte.d parcel continues to apply to those
areas §76- 3- 207(e), MCA).
1 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. r1 restriction or requirement on the original platted lot or
original unplattcd 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 arc exempt from the surveying and filing requirements of Chapter
18.06, BMC and the Montana Subdivision and flatting Act, but must be submitted for review and
approved by the City Commission before portions thereof may be rented or ]cased.
18.10.040 CONDOMINIUMS
A. Condomilu'um developments are exempt from the surveying and filing requirements of Chapter
18.06, BMC and the Montana Subdivision and Platting Act.
Ordinance 1769 Effective January 30, 2010 10 -2
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:
I. 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, M('Y\
are complied with; or
2. The: condominium proposal is in conformance with applicable local zoning regulations
where local zoning regulations arc 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 l)y parcel and project
number to state highway plans which have been recorded in compliance with \560 -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 clairning 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.
Ordinance 1769 Effective January 30, 2010 10 -3
5. If the exemption is disallowed, the Planning Dcpartnicnt shall provide written
notification, within thirty clays of submission of a complete application, of its decision to
the person claiming the exemption and to the CountS7 Clerk and Recorder.
C. I iling „ReQuirenients i\n 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.
I 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 ]anti
meeting the criteria set out in X76 -3 -207, M(;Y1, must n icct 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 X76 -3 -207,
MCr1, 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 froin 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 ec>mtnon
boundary lines:
(1) The certificate of survey trust 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 clirninated, the certificate must
establish the boundary of the resulting parcel.
C. If the certificate of survey invokes an exemption from subdivision review under
X76 -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 levicd on the surveyed land have been paid.
f. For purposes of §18.10.060.0,1, 13MC 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.
Ordinance 1769 Effective January 30, 2010 10 -4
g. Procedures for I;ilirng Certificates of Survey of Divisions of Land Entirely
1..�,xcm tcd from the Re uirements of the Act. The divisions of land described in
\76 -3 -201, j \76 -3 -205 and ��76 -3 -209, MCA, and divisions of federally owned land
made: by a United States government agency arc 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 orrc of these
divisions may, however, be filed with the County Clerk and Recorder if the
certificate of surrey meets the requirements for form and content for certificates
of sur'cy 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 govertment.
2. amended Plats Unless a division of land is exempt frorn subdivision review by 176 -3-
201 or 176- 3- 207(1)(d) or (c), 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 '58.94.3()03, ARM. A survey document that modifies lots in a platted
and filed subdivision and invokes an exemption from subdivision review under 176 -3-
201 or 176- 3- 207(1)(d) or (e), MC ,A, 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 118.10.060.0.1, BMC.
18.10.070 EXEMPTION REVIEW CRITERIA
'Fhc 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 air
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 118.66.030, 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 (176-
3- 201(1)(b), MC 1).
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 oil, 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. Ilow many parcels within the original tract will be created by use of the
cxcm
b. Who will have title to and possession of the remainder of the original parcel; and
Ordinance 1769 Effective January 30, 2010 10 -5
C. 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), MC)\).
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. 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 twist be
accompanied by:
a. An original deed exchanging recorded interest from every person having a
recorded interest in adjoining properties for the entit-c 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 de t er m ines 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- 2070)), 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. I3ach
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
Ordinance 1769 Effective January 30, 2010 10 -6
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.
I7. 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. 1n 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 oil such a parcel.
a. i1 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(4), MCA).
I. The proper use of the exemption for aggregation of lots arid/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" arid 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. ikrl original (Iced exchanging recorded interest from every person having a
recorded interest in adjoitling properties for the entire newly- described parccl(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 Pules 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).
Ordinance 1769 Effective January 30, 2010 10 -7
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 c>f evading the Act if it determines that six or more lots are affected by the
proposal. 40
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 lint: between a s.itngle lot
within a platted subdivision and adjoining land outside a platted subdivision (�76- 3-207(d),
I�1CA).
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. 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 i nterest I n adjoining properties for the entire newly- described parccl(s)
that is acquiring; additional land;
b. Documentation showing the need or reason for the relocation (for example:
structure encroachment, sw error, or enhancement of the configuration of
the property); and
C. The certificate of surrey 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 brokcn 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 cvading 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 surrey 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.
Ordinance 1769 Effective January 30, 2010 10 -8
CHAPTER 18.14
"ZONING DISTRICTS AND ZONING MAP
18.14.010 USE DISTRICT DESIGNATED,
S ZONING MAP ADOPTED
A. The City is divided into zones, or districts, as shown oil 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.
13. 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- liousehold, Medium Density District
R -3 Residential Medium Density District
R -4 Residential I Iigh Density District
R -O Residential Office District
RMF1 Residential Manufactured Ilome Community District
B -1 Neighborhood Business District
B -2 Community Business District
B -3 Central Business District
UMU Urban Mixed -LTSe
M -1 Light Manufacturing District
M -2 Manufacturing and Industrial District
13 -1 Business Park District
NEHMU Northeast I Iistoric Mixed Use District
HMU Historic Mixed Use District
PLI Public Lands and Institutions District
NC: Neighborhood Conservation Overlay District
EO F,ntr}Tvay 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 infrastructuree availability or a cormnitment on
the part of the City to bear the cost of extending services.
D. Individual zoning districts are adopted for the purposes described in 518.02.040. A variety of
districts is established to provide locations for the many uses needed within a healthy and
dynarnic. 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.
Ordinance 1769 Effective January 30, 2010 14 -1
18.14.020 OFFICIAL MAP AVAILABILITY, CERTIFICATION AND AUTHORITY
CHANGES
1. 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
lttcsted
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
1. 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 7011ing
maps. The new official zoning maps may correct drafting or other errors or otrnissions in the
prior map, but no such corrections shall have the effect of amending the original official zoning
maps or any subsequent amendment thereof.
13. If any changes to the IIlap 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 maternal 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 %oning Map supersedes and replaces the Official Zoning Map
adopted as part of Ordinance Number of the City of Bozeman, Montana.
Mayor
r \ttested
Date of 2\doption
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 1units;
4. Boundaries indicated as following railroad lines shall be construed to be midway between
the main track(s);
Ordinance 1769 Effective January 30, 2010 14 -2
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 snap, 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 all 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
1.
']'lie 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 sallle 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. Irn making such a determination, the City Commission shall fuid 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. IIowever, all 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
1111 territory which may hereafter be annexed to the City shall, 111 conjunction with the annexation, be
the subject of a zone- reap amendment in order to be designated and assigned to a City zoning district.
Ordinance 1769 Effective January 30, 2010 14 -3
Arcas of ammexcd public right- of- way shall be considered to be zoned accorduig to the provisions of
18.14.()40.,x. The City Comer fission shall determine the appropriate zoning for any" and all areas to be
annexed t0 the Cit but shall request a recommendation from the Zoning Conin1ission 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.
Ordinance 1769 Effective January 30, 2010 14 -4
CHAPTER 18.16
RESIDENTIAL ZONING DISTRICTS
1 1 1 INTENT 8. 6.0 0 EN AND PURPOSE OF RESIDENTIAL ZONING DISTRICTS
The intent and purpose of the residential zoning districts is to establish areas within Bozeman that arc
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 h ousing ty pes 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. �Ml
development is subject to `18.02.()50, 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 niiniunum 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
l_Init Development, and shall be developed in compliance with the adopted Bozeman growth
policy.
13. The intent of the R -1, Residential Single household, ].ow 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.
I3. 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 -U district is determined by the underlying growth
policy land use designation. Where the district lies over a residential growth policy designation
the primary use shall be non- office uses; where the district lies over a non residential designation
the primary use shall be office and other non residential uses. Primary use shall be measured by
percentage of building floor area.
Ordinance 1769. Pf£ective lanuary 30, 2010 page 16 -1
C7. The intent of the RMI1, Residential Mane acturcd I lonic Communiq district is to provide for
manufactured hone. community development and directly related complenuntary 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
"V l?ses in the various residential districts are depicted in the table below. Principal uses are
indicated with a "P conditional uses arcs indicated with a "C accessoij uses are indicated with
an "A" and uses which are not permitted with the district are indicated by a
13. \dditional uses for telecommunication uses arc contained in Chapter 18.54, 13MC.
Table 16 -1
Table of Residential Uses Authorized Uses
R -S R -1 R -2 R -3 R -4 R -O RMH
Accessory dwelling; units C C 1' P P P
Amicultural uses on 2.5 acres or more' 1'
.agricultural uses on less than 2.5 acres'-' C
Apartments /,apartment Building, as defined in P P
Ch- 18.80
.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 I' C
Community residential facilities (with more than
four residents C C P P P
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 1' 1' 1' 1'
Essential services (Type 11) C C
Extended stay lodgings C C C 1' P P
Family day care home 1' 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 1 .1 A A A A
(Troup day care home P P P P P P P
Guesthouses A 1 A A A
Ordinance 1769. Effective )anuaryT 30, 2010 page 16 -2
Table of Residential Uses Authorized Uses
R -S R -1 R -2 R -3 R -4 R -O RMH
1 Ionic based businesses' \/C /C; \/C \/C \/C \/C
Lodging houses C P 1'
Offices C P
Other buildings and structures typically accessory A A A j A
to authorized uses
Private garages A A A A A A
Private or jointly owned recreational facilities A A
Private storm water control facilities A A A A A A
Private vehicle and boat storage A A A :1 /C;'
Public and private. parks P P P I' 1' 1' 1'
Manufactured homes on permanent foundations P P P P P P 1'
Manufactured home comtnurmics
Medical offices, clirics, and centers C P
Recreational vehicle parks C P
Signs, subject to Chapter 1.8.52, B,'\1C A A A A
Single- household dwelling 1' 1' P P P P P
Temporary buildings and yards incidental to 1
construction work
Temporary sales and office buildings A A A
Three- or four household dwelling P P P
Two household dwelling P P P P
"Townhouses (two attached units) P P 17 P P P P P'
Townhouses (five attached units or less) 1 36 P 1'
Townhouses (inore than five attached units) P P
Tool sheds for storage of domestic supplies A A A A A A
Uses approved as part of a PUD per Chapter C C C C C C C
18.36, BiMC
Veterinary uses C
Notes:
'Manu/irctured bomes are sld)jec7 10 the ,ilaadardi of fj 18.- 0.130, BAI(.
:4gricullural uses includes barns and anirnal.rhelters, and the keephi o and foavl, lggelGcr• milli 11eir dependent youq, as hereina%ter.net
finlh per 2.5 acres: one Gone or one con); tmo steep or tmo goats; ten rahGilr; thirty -six imd (chickens, pheasants, pigeons, e1c.) err.iix larger fond
(eluck_r, geese, turkeys, etc.). For larger parcel• the Plannhi Director Wray determine Mal a larger mrviber o/ limstock is consistent mill the
requirements o/ ibis section.
'Only ndien in conjunction mill) dmellingr.
Ordinance 1769. Effective January 30, 2010 pagc 16 -3
Sloraw fin /hairYbiee rcr, or Goals.
l love bared Businesses are sxaGjer'I to lbe lerins and 1hirsGo/r %r o/ X18.40.110, 8AIC.
'tar The R -3 di 0 lomrrborr.re, {ro>r s .rball nrrl etireed 120 fi-el in lola/ rt
In the R -S, R -1, and M11 dish cl loxrrholms are mn y al/orr mherr ulilifyd to .,alhfi the reyunemenlr n/ Ti lle 17, C'bafrler° 2, 8,110.;
All %rdable Houshir /l4ay orrlh be rrli§i. ed in dewlopimi is srrGjcc/ to C.LaPler 17.02, BA K",
iNol perrrrilled orr reduced .d,,e /olr for )POI %ogre housing as riescribed in C bapler 17.02, 13,11C:.
Aa-ersor7 D?wl/ing Ilrails in lbe R.S' and R1 1.)i.r/rils .ball be jrenvilled to be /slated abore,{arages on ly in subdiws'ions receinir�g re /i»ainar� flcrY
appi aflerJanuary 1, 1997.
18.16.030 LOT COVERAGE AND FLOOR AREA
1. Maxitnurn lot coverage b principal and accessory buildings shall be:
1. For newly created lets in the R -S district, determined through the PU)D review
procedures set forth in Chapter 18.36, BMC, in compliance with the adopted Bozcman
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 snore than 40 percent of the lot area in the R -1 R 2, R and RMI i 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 -0 district.
5. 111 all residential 7.011ing 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 rcquiretmcnts 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 §1.8.42.180,
Provision of Restricted Size Lots and Units, (excluding area used for a garage) shall not exceed a
floor area ratio of 1:3.3. For example, if the lot is 5,000 square feet the square footage of the
house can not exceed 1,515, or a ratio of 1 square foot of floor area for each 3.3 square feet of
lot area.
18.16.040 LOT AREA AND WIDTH
A. All lots shall have a minimum area as set forth in the table below and are cumulative:. 'These
minimums assume a lack of development constraints. Each lot must have a usable lot area of at
least 50% of the total minimum lot area:
Table 16 -2
Lot Area Table Minimum Lot Area in Square Feet'
R -S R -1 R -2 R -3 R -4 R -O I RMH
Single- household dwelling See Paragraph 5 5,000 5,000 5,000 5,000' 5,000'
C below
Single household dwelling (only for dwellings to
satisfy minimum requirements of Chapter 17.02, 2,700 2,700" 2,700" ?,700 2,700 2,700 2,700"
B
Ordinance 1769. Effective January 30, 2010 page 16 -4
Lot Area Table Minimum Lot Area in Square Feet'
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 dxx cllings to
satisfy miiutnum requirements of Chapter 17.02, 2,500 2,500 2,500 2,500
13110
Lot area per dwelling in three or four- hr: >usehold 3 3,000 3,000
dwelling config urations
Lot area per dwelling in three- or four household
dwelling configurations (only for dwellings to 2,500 2,500 2 ,500
satisfy minimum reyuirements of Chapter 17.02,
B \IC
Townhouses 3,000 3,000 3,000 3,000'
Townhouses (only for dwellings to satisfy 500 2 2,50(1 50(1 50(1 500 500
2 2 2
trummum requirements of Chapter 17.02, BBC)'
\partmcnts first dwelling 5 ,000 5,000
\partmcnts each dwelling after the first 1,200 1,200
Apartments each dwelling after the first (orily for
dwellings to satisfy minimum reyuirements of 900 900
Chapter 17.02, 13\1C
\dditional area regttired for an accessory dwelling
1,000 1,O()0 1,(.100' 1,000' 1,000'
unirt
;\I] other uses 5,000' 5,000' 5,000 5,000' 5,000' 5,000' 5,000'
'Vnta.r:
'In order to conrplp m4lh Me slundardf contained in Title 18, lot area in va-ess o% tl)e required minimum ma) be needed; far example 1iir eorner lots,
parking, landreapiq or lage and 1.vgy be necefsag brprope7 adlacenl to matercourfes, r6d9ellneJ, or other enmron>rrental
features in order to preside an appropriale buildable area on the lot.
2 For lomwbou.ie dus ters Me minimum auenr ge lol area per druellirzg in an irtditidr +al.rti7rc /zrrz .r/mll be 3,000 square feel.
h defined in Chapler 18.80, 13.MC' and nvu ecl to the requirements of Chapter 18.40, BMC.
{.xtra lol •ri-e requirement doer nol app!y ml)en R -S lots are lamer loan 6,000 .square feel.
`Second duelliy�gs in accessory buildi; ggs are sulyety to all restrictions in tbi.s title relatiq to accessory buildil?gs. Lot area and midM .shall he provided
of if the dxelliq mere attached to the principal use. Drrelligs to be developed under this option are subject to x'18.411.030, 13M(1
'Per lon nbouse lol.
'Ma) only be ulilitied in developments subjecl to Chapter 17.02, BMC.
"A larger lot size rngy be required to comply milb lbe requirements of Section 17.02.050, table Mix and Price o% Dnrelliq Units
B. All lots shall have a minimum width as set forth in the table. below. These minimums assume a
lack of development constraints.
Ordinance 1769. )affective 1anuary 30, 2010 page 16 -5
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 i „i';, 50 50 50 50 50 50
Single- household dwelling (only for
dwelling-, to satin requirements of 30 30 30 30 30 30
Chapter 1.7.02, B \1C
Two household dwelling 60 60 50 50
Accessory dwelling unit 50 50 60 60 Ell 60
Dwellings in three or four household 60 60 60
dwelling configurations
Townhouses 30 30 30 �r,{e ni t' {,i, „r „r
Ill other uses 50 50 50 50 50 50
Notes:
Jecond d2nelligf in a e.uoiT buiRill9s arc .rrcGject to all restHctions in Ibis title rclatiq to acce.croq huildiii {,r. Ira/ area aaul a shall be proiwkd
us' i% the r/v�el /ir�� »>�re attac[red to /Ge �liirci f�a/ ir,re. I )�a�el/irz>?.r to be rlr. ue %/per/ zrrsder this o�tio�c ure .naGject to ,�18.- (0.030, BA9C:
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 he 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 BNIC. E xisting lots in the R -S district utilizing a
community water and /or sewer system shall be considered nonconforming lots if less
than one -lialf acre in area and /or 1001 feet in width and subject to Chapter 18.60, BMC.
I). 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 bonds arc
described in §18.36.090.F..2.b(6), 13MC.
18.16.050 YARDS
A. Minimum yards required for the R -1, R -2, R -3, R -4, R -0 and RM14 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 0
3. Side yard 5 feet; or 0 feet for interior walls of townhouses.
Ordinance 1769. Effective January 30, 2010 page 16 -6
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.
1i. 1\1inimum y ards 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
b. Rcar yard 25 feet
C. Side yard 25 feet
2. Minimum y ard requirements for newly created R -S lots shall be determined through the
Pt- 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 y ard
shall be provided.
D all yards are subject to the provisions of §18.30.060, X18.38.060, '118.42.100, ��18.44.100 and
518.48.100, 13MC.
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 ennphasized 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 fapdc shall
include all wall areas parallel to the garage door(s).
Alternative means of addressing; the intent of this section will be considered. Dctached 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.
Ordinance 1769. Effective January 30, 2010 page 16 -7
18.16.080 ADDITIONAL RMH DISTRICT PERFORMANCE STANDARDS
Development of any parcel of land within the RMII district shall be subject to all applicable
requirements of Chapter 18.40, 1 NIC, Standards for Specific Uses and Chapter 18.42, 111\1C,
Development Standards, including, but not limited to, fences, parking, signs, landscaping and home
occupations. In addition, manufactured home cornnnuiitics will be subject to the following general
requirements:
i\. Minimum Area for Nlanufactured Home Community District
1. The minimum total RN4H 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 frorn property which has bean
developed under the provisions of this section and will contribute to the
amenities of the area.
2. Waiver of thc 10 acrd minimum may only be granted by the City Commission.
18.16.090 MINIMUM DENSITY
New residential development shall provide a rninimunx net density. ,1 minimum is required to support
efficiency to use of land and provision of rnunlcrpal 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.
11. Minimum densities arc:
1. R -S None
2. R -1, R -2, R -3, RMI I 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.
Ordinance 1769. 1ffective) anuary 30, 2010 page 16 -8
CHAPTER 18.30
BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT
18.30.010 TITLE
These regulations sliall lac: 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 13ozcmaii. It is the intent and purpose of this chapter to ensure that tile 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 fail 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
I_ :ntiyway 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 1 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
arc designated frontage roads;
3. l_'.S. 10, from the Interstate 90 /North Seventh Avenue interchange west to the Bozeman
City boundaries;
4. tT.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 11 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 -0 district) that have no frontage upon said roadways:
1. Seventh Avenue, south from the Interstate 90 interchange to Main Street;
Ordinance 1769 Effective January 30, 2010 30 -1
2. Nineteenth 1�vL'17uC', south from Durston Road to the Bo7e111all City boundary, and the
east side. of Nineteenth Avenue, bevkcen the south boundary of Covered Walton I\Iobllc:
I lolnc Park and Durston Road;
3. Main Street, east from Broadway to Interstate 90;
4. N1ain Street, west from Seventh Avenue to f Road;
5. Rouse ilvenuc and State Primary 86 (Iiridgcr Canyon Road) from Tamarack north and
east to the Bozeman City boundary;
6. Oak Street, west from Nineteenth \venue 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 z1drninistrative 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 Ad ministrative Desifnl. Review staff or Design Rcvicw 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. Igor alterations not requiring City C.onnnnlssion
approval, compliance with the Planning Director's decisions will be mandatory subject to appeal to the
City Conllnission 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
ctittyway '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. \pplication, review and public notice procedures for prop osals located within entry -Way
corridors are set forth in Chapter 18.34, B1\1C:, 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:
I. Be set back at least 50 feet from any Class I entryway corridor roadway right -of -way, or
Ordinance 1769 Effective. January 30, 2010 30 -2
2. Be set back at least 25 feet from any Class I I entryway corridor roadway right, of -way.
18.30.070 APPLICATION REQUIREMENTS FOR CERTIFICATES OF
APPROPRIATENESS IN ENTRYWAY CORRIDOR
1. Applications for ccrtificates 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, BNK: (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 nnadc
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, BI\1C.
C. The architectural designs of individual workforce housing units used to satisfy the requirements
of Section 17.02.030, BI\4C and meeting the requirements of Section 17.02.060.a.13, Bi 1JC arc
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
1. To accomplish the intent and purpose of this chapter it may be necessary to deviate from the
strict application of the overlay or underlying 7oning requirements. Deviations from the
underlying zoning requirements nnay be granted by the Ciry Commission after considering the
recommendations of the Design Review Board or Administrative Design Itevicw staff.
B. The application for deviation shall be subject to the submittal and procedural requirements of
Chapters 18.34 and 18.78, 13MC The application shall be accompanied by written and graphic
naterial sufficient to illustrate the initial and final conditions that the modified standards will
produce. The City C.oIIini- isston 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 triinitnunn 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 duality 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 flan 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.
Ordinance 1769 Effective January 30, 2010 30 -3
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
regulatio ns, including any and all amendments thereto.
B. Natural F.nvironment 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 Developtnent Land which the Planning Director or City Comn 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 presurned 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. llevelopments may be exempted
from this requirctnciit 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:
1. 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.
li. 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.
Ordinance 1769 l;ffective January 30, 2010 page 42 -1
D With the exception of civic and neighborhood commercial center buildings and grounds, the
center shall be considered a cornnuon 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.
1:. Areas within neighborhood centers used for park, square, green and /or square, that meet the
following criteria, inay count towards park land dedication requirements subject to review and
approval by the City Coti-Im.ission, after receiving a recoininendation from the Bozeman
Recreation and parks Advisory board:
1. The area is predominantly open space with enhanced natural features, but mad contain
amenities such as sidewalks, seating, drinking and ornamental fountains and public art;
and
2. The area provides active and /or passive recreation opportunities.
I The neighborhood center nay be used for limited stormwater retention /detention facilities if
reviewed and approved by the City r:iiginecr. 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. Bach lot
shall contain a satisfactory building site adequate for the uses permitted in its zoning district.
Hach lot shall conform to this title, an) 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.
1]. 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.
F. 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 townhome.s, lots used to meet the requireinctats
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.
Ordinance 1769 Effective January 30, 2010 page 42 -2
G. Side l.ot Lines Side lot lines shall be at substantially right angles to street or road lines and
radial to eu17led street or road lines.
I. Frontage Unless otherwise allowed by this title, all lots will have frontage in compliance with
§18.44.090.I3, BMC to provide, among other things, adequate room for snow ren lot access
and utility easements.
J. Civic tlses 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., stornlwater management, open
space, utilities) are exempt from the provisions of this section.
18.42.040 BLOCKS
Ay Size and Orientation Blocks shall be designed to assure a high level of multiinodal 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 I ength 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 bights -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 b 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
X18.44.080, 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
f1. LJtilities shall be placed underground, wherever technically and economically feasible.
LJtlderground 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 lies are used, they shall be located at the rear property line.
C. LJtility 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.
Ordinance 1769 Effective January 30, 2010 page 42 -3
1). The devcloper shall provide adequate and appropriate utility easements in compliance: with
X18.42.060 of this chapter.
18.42.060 EASEMENTS
V Required Fasements. Where determined to be necessary, public and /or private easements shall
be provided for private and public utilities, drainage, vehicular oi- pedestrian access, etc.
1. In subdivisions, all casements shall be described, dimensioned and shown on the final
plat to 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 casement 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 F,.asements private utilities include, but are not limited to, natural gas, electricity,
telephone, cable and fiber optic lines. The developer shall provide private utility casements
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 eascn7crnts. 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 finial 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 casements 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 requited by any or all of the utility companies to
adequately serve the development. If provided, the width of the. side yard utility
casement shall be determined oil a case -by -case basis based on the needs of the
Utility companies.
3. Private Utility Plans
Ordinance 1769 I4fective January 30, 2010 page 42 -4
a. When the concurrent construction option will be used, based on the provisions
of §18.74.030.D, BNIC 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 Utih!hT 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 1.0 feet of width is required for each additional main
that occupies the casement. Wider easements may be required at the discretion of the
City of l3oze.man for large utility lines.
2. Public utility easements shall be provided for all meter pits and fire hydrants maintained
by the City of Bozeman.
I No permanent structures shall be placed within public utility easements unless an
encroachment permit has been obtained from the City of Bozeman.
17. 1asements for Agricultural Water Uset 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 et ititicd to the waxer 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 arc
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
Ordinance 1769 I Yfective J anuary 30, 2010 page 42 -5
b. The water rights arc removed or the process has been initiated to rcillove the
water rights from the subdivided land. If the water rights have been or will be
removed froin the land within the development it shall be denoted oil 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 agreement 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. Stornnwatcr from a development shall not be discharged to all 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.
1-:. Other Easements Public access casements for streets and trails shall be provided in accordance
with the provisions of Chapters 1.8.44 and 18.50, Bl\l(
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 §118.38.030.1), 13MC, 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 Etnvironmental Quality and the City of
Bozeman, and shall conform with any applicable facilities plan. The City of Bozennann's
requirements arc 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 F'tnvironnlctntal Quality, and shall
obtain their approvals prior to commencing construction of any municipal water,
sanitary sewer or storm sewer system facilities.
2. 'I'hc 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,_ Systenn Additional Requirements Municipal water supply system
facilities shall also apply with the following requirements:
Ordinance 1769 Effective January 30, 2010 page 42 -6
1. When the City's municipal water main is extended, the length of a dead end water inain
t} 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 lilies from the main to the structure may not exceed 150 feet iri
length, unless approval 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 l :rnvirontrncntal 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 I ?rnvirontriental 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 trade a part of these regulations.
C. Drainage systems shall not discharge into any sanitary sewer facility or agricultural water user
facility.
1). 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 servitig 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.
1 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 �18.48.050.1.,
BMC.
H. Stormwater retention /detention facilities in landscaped areas shall be designed as landscape.
amenities. T hey 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.
Ordinance 1769 Effective January 30, 2010 page 42 -7
18.42.090 FIRE PROTECTION REQUIREMENTS
All dcvclopmcnts 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 cquipincnt; and
B. Adequate fire fighting facilities shall be proN including an adequate and accessible water
supply and water distribution system.
I. National Dire Protection Association (NFPA) standards for hydrant systems shall be
met.
2. City of 1307etnan's requirements as contained in the Design Standards and Specifications
Policy and the Cite of Bozeman Modifications to Nlontana 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
innpacts of the development on the watercourse. This mitigation n 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. Setb for Develop Granted Preliminary flan or Plat A :)roval Prior to ul 10 2002.
These provisions shall apply to all dcvclopmcnts 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 Fast
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) I {;ast 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 X18.80.2160, BMC. When no ordinary high water mark is discernible,
setbacks shall be measured from the top of the streambarnk.
B. Setbacks for Dc:vclonrnents Granted Preliminary? Plaid or Plat Approval „car After Jules,
�n ,,,royal On
2002 'I "hesc 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 18.42.100.8, BMC to the
extent reasonably feasible given the existing site conditions. The final approval body for
the proposed devclopnrcrnt 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 tune
without unduly burdening existing development.
Ordina 1769 Effcctivc: January 30, 2010 page 42 -8
2. In addition to and relaxation of watercourse setbacks provided by subsection
18.42.100.8.1 of this section, nothing in this section shall prohibit an owner of affected
property from:
a. Applying for a variance to dimensional standards of the watercourse setbacks as
allowed 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. C,oIIlbining two or more lots to assemble a larger and more usable parcel;
d. Petitioning the Montana Department of Dish, 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;
C. 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 §18.42.100.13.5, 13MC, 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 Brid er Creek. A mininnlln 75 -foot setback
shall be provided along bath 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 -yeas
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 /6 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 X18.80.2160, BMC. When no ordinary high water mark is discernible,
setbacks shall be measured from the top of the streambank.
4. No newly constructed residential or commercial structure, addition to an existing
structure, fence, deck, fill material (other than that required for exempt uses), parking lot
or other 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.
Ordinance. 1769 1 Hective January 30, 2010 page 42 -9
a. On -site stormwatcr treatment facilities may be located in Zone 2.
1). Trails and trail related tniprovetnents 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 Tone 2;
(2) Linnted, non looping developed spur trails to the water's edge tray cross
A 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 note -spur trails ma need to be placed within
Zone 1. 'frail construction within "Lone 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) AD trails must be constructed to minitn.izc bank instability, sedimentation,
Ilutrient 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 7011CS 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
cxtctnt 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 itnprovement(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 to 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
scliedule, and plantings shall be depicted on the plan as follows:
a. Zone 1: lone 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, fortis and grasses suited for the area. In addition, a minitnum 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.
Ordinance 1769 F?ffective January 30, 2010 page 42 -10
Species that are appropriate to the soil hydrologic conditions (wetness of soil and
depth to the water table) should be used. 'free and shrub species selected shall be
suitable for the climate and for planting in a tipatiain area with an emphasis on
native species. The Natural Resources Conservation Service (NRCS), the
,tlontaina Native Plant Society and the Gallatin Local Water Quality District
0,WQD) are good sources of landscaping materials and/or landscaping;
information.
b. lone 2: Disturbed areas of Zone 2 sliall 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 requited 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 \18.48.050.0.3 of
this title.
c:. To ptevcnt 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 C:3allatin Valley.
g. Use native grasses, fortis, 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 X18.42.100.8.5 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. Exce 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
Ordinance 1769 Effective January 30, 2010 page 42 -11
comply with this section to the exteilt reasonably feasible given the lot dimensions,
orientation, and other characteristics. The final approval body for the proposed
development Shall deterinine 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 nail delivery will not be to each individual lot within the dcveloptnent, 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 snail delivery area
constructed within a City right -of -way.
18.42.130 FENCES, WALLS AND HEDGES
A. Location and I-Li =ht. Except as provided in j\ 1$.44.100, BMC, fences, walls and hcdgcs, in ally
district may be located oil lot lures provided such fences, walls and hedges corilply with the
following height requirements:
1. Do not exceed 6 feet in height in any required tear or required side yard. fences
exceeding G feet in height shall be subject to the tninfillunl yard requirements of the
district in which such fences are located. Decorative post caps play 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 maj- 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 oil 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 requited front yard or ally portion of a required
cornier side yard that is forward of the rear edge of the building facade nearest the corner
side yard. Decorative post caps inay 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 fenices 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 fencee 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 comincnce proper proceedings for the abatement thereof.
D. Barbed Wire and Electric Fences.
Ordinance 1769 Effective _January 30, 2010 page 42 -12
I. 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 NIA and M -2 districts.
2. When electrically charged fences arc used in an R -S district, such fences shall be posted
with warning signs at intervals not to exceed 150 feet where such fences arc adjacent to
public rights -of -way.
Nlcasurin� Fence and Wall I leis >ht In case of a fence erected on top of a retaining wall, the
height shall be mcasured from the grade of the high side of the wall.
I "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 significantl} visible, shall be erected
such that the finished elevation of the fence is exposed to the adjacent property.
G. Fencing of L7tilities and Outdoor Storage Areas.
1. All utility substations, wells, storage facilities or other utilities shall be screened from
view by a wall, fence, liedge 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
Affected Uses I3very h 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 (boss 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- Strcet J,oading 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
is residential zone unless separated from such zone, except at the accesses, by screening
not less than 8 feet in height.
Ordinance 1769 lsffective anuary 30, 2010 page 42 -13
3. Sufficient room for turning and manCu-,Tcring vehicles shall be provided on the site so
that vehicles shall cross a property line only by driving forward.
4. lach 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 arc 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.
1.1. At the time of initial occupancy, major alterations or enlargement of a site, or of
completion of construction of a structure or of a inajor 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 shirie into their eyes and thereby impair safe travel;
3. Protect neighbors and the night sky from nuisance glare and stray light from poorly
aitned, 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 requited. If installed, all lighting
shall comply with the requirements of §18.42.150, BMC:.
Ordinance 1.769 Effective January 30, 2010 page 42 -14
2. Unless otherwise approved through a planned unit development, this ordinance shall
apply to all lighting for subdiv isions, 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. '1'hc 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 /shc finds that it:
a. The lighting prov ides at least approximate equivalence to the applicable specific
requirements of this section; and
b. The lighting is otherwise satisfactory and complie 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 SILK or through some other
equivalent means approved by the City of Bozeman. The application to create or
annex to an existing SILL 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 filial plat for a subdivision of Occupancy if a final
plat is not required.
b. Street lighting shall be installed per 18.74.030.13,13MC.
C. individual yard lights on private property shall not be used for street lighting.
2. Street L ights at Intersections
a. Illumination Requirements
(1) S gl�tallation The illumination requirement for an intersection
street light, where only one light is required, shall be determined front
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) ,1t 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
Ordinance 1769 1?ffectivc. January 30, 2010 page 42 -15
street lights shall be installed on the diagonally opposite carnets. At signalized
intersections where the width of one or more of the approaches is greater than
ot 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 'fable 42 -2.
Table 42 -2
Through Pedestrian Maintained Lumens
Functional Classification Lanes Conflict Minimum Maintained Average Values Spacin
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 -5000 300 /275
Local 2 Low 9500 -5000 N /Al
Arterial Commercial
Center 4/2 High 33000- 22500 200/175
Collector Commercial
Center 4/2 1ii h 22500- 13500 225/175
Local Commercial
Center 2 1Ii h 9500 -5000 150
Shreet /ig&s are oiTly required at a ilerseaiorr.r rrrr local.itreels,
4. Street l_,igbt 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;
C. A street light shall be placed at the tertninal ends of center median islands having
trees avid /or other fixed objects not having a breakaway design for speeds of 25
miles per hour eft greater;
f. Wiring for street lights shall be underground;
g. Additional street lights may be requited 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 "fable 42 -3.
Table 42 -3
Maintained Lumens Minimum Maintained Average Mounting Height
Ordinance 1769 Effective January _30, 2010 page 42 -16
Values)
9500 -8000 25 feet
22500 -9500 35 feet
33000 22500 38 feet
6. Pathway Intersection Li htin Pathway lights shall be installed at all intersections of
pathways and streets, located within the proposed development or alone 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
Sornce: Revdway hgGling (10 -00), Mum naling Egmeenq ,S•ociely o/7Vor16 Americads, 2000.
I7. Site I..ighting.
1. Parking Lot Lighting
Table 42 -5
Basic:' Securi
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 L.ol Lgkidzg, Illudninaling I ghieeriq Society of Nod1) Amedzcan, 1998.
'13a.& ligIvid?{ pdvvide.r li)r /!re .ra /i17 o/ afslon. and emphyeer dunzng Gushit s lvu)-s, a>sd for !be rearm!) o% m -rile, oulside sloe ge o/
,goods and /or nialena /.r.
'Security 1ighlui proi4der /a safely o/ edvplgyeee dannag nonGurinesi balmy, arad /(n' IN seaviid y of on- .rile, out dde .1 "1oi qge of goody
and /or snalevzal.
2. Building Entrances rances Illuminance for building entrances (including commercial, industrial,
institutional and municipal) shall average 5.0 maintained Footcandles.
3. Car Dealership Li,htin;
Table 42 -6
Maximum Illuminance on Pavement (in
Area Maintained Footcandles Uniformity Ratio
Maximum: Minimum
Main Business Districts
Adjacent to roadwa 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
Drivewa ys 1-2 10:00
Ordinance 1769 Effective January 30, 2010 page 42 -17
Source: Lighting for Fxterior I::nvironrncnts, Illunnlnatrng L'.'ngincering Society of North
American, 1998.
4. Service. Station or Gras Purnp Area Lighting
Table 42 -7
Average Illuminance on Described Area (in
Area Description Maintained Footcandles
A roach with dark surroundings 1.5
Driveway with dark surroundings 1.5
Pump island area with dark surroundings 5
Buildina facades with dark surroundin s 2
Service areas with dark surroundings 2
Landscape highlights with dark surroundings l
Approach with h& ht surroundin s 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 hi hli hts with light surroundings 2
Source: 14gb 1iq /or 1. xlerzor Errviroivveralr, 1/1rr»Tirra /irlg Egmeeriq Society gl'.Nor/l) Aillerzcan, 1998.
5. Site Lighting Sul)j:)ort 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 l-ighting Installaticnz 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 rninitnum 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 followirig 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.
l.-xceptions shall be granted to those businesses which operate during these
Ordinance 1769 1,Yfectivc January 30, 2010 page 42 -18
hours; such lighting may remain illuminated only while the establishment is
actually open for business.
d. Vegetation screens shall not be employed to seivc 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 maxiinum
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 facade 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 facade 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.
li. 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. Sorts 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. liixtures 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.
Ordinance 1769 Effective January 30, 2010 page 42 -19
1 Li htnn S eclflcatlons for All Li >htin 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 F 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 sliall 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 mcrcu.ry 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 ally
replacement bulb.
G. Historic Lidhtills `I "he City Commission may relax lighting standards and requlrenlL'nts, with the
exception of illumination levels, for the provision of historic lighting in the neighborhood
cornsel- ration overlay district. I Iistoric 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 requirctllcnts 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.
Nuisance Glare. and Inadequate Illumination Levels When the City of Bozeman funds 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
atld 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 withal the confines of a 100 percent
opaque wall or fence not less than 6 feet tall.
Ordinance 1769 Effective January 30, 2010 page 42 -20
B. No storage of any type shall be permitted within any required yard, and shall be subject to
18.40.150, 13MC.
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 tcinporar`= storage of garbage, refuse and other waste materials shall be
provided for ever use, other than single household dwellings, duplexes, individually owned townhouse
or condominium units, in every Toning district, except where a property is entirely surrounded by screen
walls or buildings. 'Trash enclosures shall he 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 (dunipsters), 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.
T lie location of all trash enclosures shall be subject to review and approval by the City Sanitation
Department.
li. (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. Fmclosures shall be architecturally compatible with the
principle structure. L,nclosures shall be of sufficient height to conceal contents, including
containcts, but in no case shall be less than 4 feet in height above grade.
C. Fxception A garbage enclosure is not required for dumpsters accessed via an alley.
Ordinance 1769 I3ffective. January 30, 2010 page 42 -21
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 arc located in close
proxinuty to transit, liave good access to pedestrian facilities or have off -set peak uses may requite 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
storinwater 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 nnilti -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 paging 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.
1. 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. Ilowever, 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. Ylreas used for incidental repair of equipment used or sold on the premises;
d. Areas occupied by toilets and restrooms, kitchens or breakrooms;
C. Areas occupied by public utility facilities;
f. Areas occupied by dressing rooms, fitting or alteration rooms incidcintal to the
sale of clothing;
g. Areas occupied by stairways and elevators; and
h. Corridors connecting rooms or suites of rooms; and
i. 1nclosed 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
Ordinance #1769. Effective January 30, 2010 page 46 -1
certifying; othe inforrnatiorl upon which parking; requirements may be leased, such as
sears, and the number of employees on rnaXiMUM working shift.
2. Where applicable, the slumber of spaces required in ti 18.46.04() of this chapter will be the
total of the spaces required for the con aponent activities of certain uses, each calculated
separately.
13. Change of Use. or Occupatiq- of Buildup With any change of use or occupancy of arty
building; or buildings an occupancy permit is required. When the change in use or occupancy
requires more than a 10 ""o cumul ative 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. Isriprovennent „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. Stackin� 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 ulterior 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 nnore than two cars may be stacked. When stacking is allowed, not more
than two vehicles may be stacked within an enclosed parking area.
1:1. 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.
1-;. Parking is permitted within required rear yards.
18.46.020 STALL, AISLE AND DRIVEWAY DESIGN
Z Parking Dimensions The following shall be the minimum parking space. dimensions: See also
Figure 18.46.02(), Appendix 11.
Table 46 -1
Width' Len h
Aisle
Angle Standard Disabled Compact Standard Disabled Compacts Width
90 9' 13' 8' 18/20 18/20' 16' 26;
60 9' 13' 8' 18/20' 18/20 16' 18/23A
45 9 13' 8' 18/202 1 18/20 16' 1 15/23
Notes:
A,r >neusnred Gy a lien peipendiavlai to !be sta line at a point on the mr /.ride end of the stall, except azlren Me .rla /l it on /he ins de er(ge q1 'a c %nxc,
in m1hicb case the point of shall he on the inside end of the .rlall.
1?l� feet zf rncarrner! fi °ores a cm 1; on the inside edge of lire .rlall; 20 ices it rnea.rrned f om a painted lien on the inside eel {e of the .ilall..Stall
legth mHations are .sul;jecl to approwl by the City Eigneer.
For 90 gree Parking aisles are hm -Wray;
'First nnrnber relerr to arse nay traf%ic and the second nrrrnber to M10 lralric. 1 f the aisle i.r needed as a fire lane, a 20 1001 nrininznna i.� required.
Ordinance. 1769. N ffective January 30, 2010 page. 46 -2
111h"I's olhen) apprrured, all parking .ipaco /aril be o/ slarldard n'idth and klr glb. III any parlor({ /acilily conlainhIg 20 or snore parkhzg ipa4'o,
rna.xirnnrn o/ 25 pera nl of the provided parking pace.( nra be redPlted in si. o for small Car:i, pranceied these .,parer sba be c%arl)' idenli/ied n'ilh
.(ran persnaneelp gllLed isnsrndialelp in /in1Pl o/ ear'h .pate ,.onlainiq the nolalion, CompaCld O111)'. Fhere /i'7'0le, all ,isnull im• spline.( .(hall
be locnled in one or viore conliglaone urea.( anr/ /or adjacenl to irrgre.o egr•e r.( poinl.( nrilbin f rar/2tr1� !aG'IIJtPCJ. Location o/ co>npa l e-ar parking .pare.
(ball rlol cr'eale tra /ii con�c:rtlop or 1s»f erle ha/fic %lrurc(.
"Ov /Pr7l kiabled aaessible parking J'lall steal/ nreel the slandardr of. I $.46.040.D.2.a.
1/ puking .(lull.( nritbin the inleizor of an individual re. denlial gauge are eonnled toruard a developnrent''f rec/srired parkin{ need.(, then lhep hall
nseel lore ilandard parkiii slall i dlb o% J Joel and the slandard pnk.irrg .(tall lest {lh q1'20 fiel will) a nsiniinrrsn n/ one ftol clear on all e.vler or
.rider o% lbe stall.
B. Within Structures The off stre parking requirements may be furnished b) providing spaces so
designated within the principal building or accessory parking st r ucture. However, no building
permit shall be used to convert the parking structures into a dwelling dint or living area or other
activity unt other adequate p rovisions 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 l`i.re Code.
D. Backing Rcquirc nicnts Ml required parking must have adequate back -up maneuve 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
sty 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.
I. Parallel Parking Spaces Parallel parking spaces shall be a minimum of 24 feet in length and 7
feet in width measured from the. inside edge of a curb or the inside edge of the asphalt if curbing
is not present.
I'. Surfacing Except for onc- 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 I3ngineer. 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. Ilowever, 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 y ellow painted lines not less than 4
inches wide, except for one- to three household dwellings and individual townhouse units. An
Ordinance #176). Lffective January 30, 2010 page 46 -3
exception to this requirement may be approved 1)) 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 \118.42.150, BMC. 1 0
I. Sim 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 Cutbin
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 peritne.ter of the parking
lot. However, continuous concrete curbing as described above shall be provided in all
situations where deemed necessary by the City Fngincer to control drainage sand soil
erosion.
3. Alternative perimeter treatment may be permitted subject to the approval of the Cits
I?.nginccr.
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 Storages s 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 Stackin 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 vise 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 Drainae >e Storm water drainage from parking lots shall be directed into landscaped
detention /retention facilities and water quality improvement facilities as required by the
Ordinance #1769. Effective )anuary 30, 2010 page 46 -4
1 ,ngincermg Department, or in compliance with any adopted storm drainage ordinance and /or
best practices manual adopted by the City.
Q. NlechanicA Autounobile Lifts Nechanical 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 frilly 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 Onl T. 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 x\18.46.040, BMC below.
18,46.040 NUMBER OF PARKING SPACES REQUIRED
The following mininnun 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 sliall identify parking space.
allocations. Tees 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.
Ordinance #1769. Fffectivc anuary 30, 2010 page 46 -5
Table 46 -2
Dwelling Types Parking Spaces Required pet Dwellin
-lccesson dwelling unit 1
Lod 'n house .75 spaces per person of approN ca acit.
Efficiency enc unit 1.25
One-bedroom 1.5
wo- bedroom 2
Three- bedroom 3
Dwellings with morc than three bedrooms 4
Group homes and comnnuni l residential facilities .75 spaces per p erson of approved ca )aci
Bed and breakfast 1 s ace/rental unit
Manufactured Home 2
111 ty of dwellings within the B -3 district 1
I Iacilily pray requesl to pnmide. fencer parking spaces i/'they provide evidence teat the rericlews ate prohibited fionr operating »rotor vehicles.
Under no condition sball less than tn)o parking .ipaaei be provided. If the use of the fucilitp is allered to ,revue a di(feren/ population wbo may operale
motor vehicles, then the additional be provided before the charr�e i.r use pray occrro:
2. AdJustments to Minimum Requirements.
a. Affordable I-lousin� When calculating the amount of required parking for
affordable housing, as defined in Chapter 18.80, l3MC, if the project is
guaranteed for use as affordable housing for a nnitnitnunn period of 20 years and
the use as affordable housing is subject to long term IIloIIitoring 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. I'or the
purpose of this section a building is considered nixed -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 "fable 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% Eq ual to or Rr eater 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. T 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
Ordinance #1769. Effective January 30, 2010 page 46 -6
one dedicated car -share space to 5 standard spaces, up to a maximum of 50 °%o of
the total required residential parking.
d. "Transit .Availability. A residential development subject to site flan review lnay
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 rninimum of five days per week.
B. Nonresidential Uses
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 requited 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 frorn the minimum number of required parking stalls. 'fable 46 -6
presents the most common requirement for accessible spaces. Accessible spaces count
towards satisfying minimum parking requirements. 2\11 site plans subnnitted 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. Maximurn parkin r. Provision of parking spaces in excess of 125 percent of the
minimum number of spaces required for the net floor area in X18.46.040.8, 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
aces
1utonlobilc service 2 spaces per service stall, but no less than 4 spaces
and /or repair station
Automobile washing
establishment a. 3 spaces or 1 for each employee on maximum shift; plus stacking
a. Automatic space
drive through b. 2 spaces per stall not including washing or drying spaces
b. Self- service.
Bank, financial
instAutions
1 space per 300 square feet of floor area
2 spaces per alley; plus
Bowling alley 2 spaces per billiard table; plus
1 space per six persons of maximum occupancy load (as identified in the
Church International Building Code) for main assembly hall, public assembly areas and
classrooms
Community or 1 space per 200 square feet of floor area
recreation center
Health and Exercise 1 space per 200 square feet of floor area; plus
Establishment 3 s paces )er court
Day care. centers 1 space per staff member plus 1 space per 15 children permitted
Elderly (senior citizens)
1 space per unit
housin
Ordinance 1769. E' ffective J anuary 30, 2010 page 46 -7
Use Type Off Street or Off -Road Parking Spaces Required
Furniture stores over
3 spaces per 1,(11)() squarr. feet of floor area
20,000 square feet
1 space per 200 square feet of main building floor area; plus
Golf courses 1 space for eveq 2 practice tees in driving range; plus
4 s aces per each reen in the pla yin area
Hospitals 1 space per bed
Medical and dental 4 spaces for each full time equivalent doctor or dentist; plus
offices 1 space for each frill time equivalent employee
Manufacturing and 1 space per 1,000 square feet of floor area, plus
industrial uses 1 s ace. per 2 employees on maximum working shift
1.1 spaces per each guest room; plus
;Motels, Hotels 1 space per employee ort maximum shift; plus spaces for accessory uses as
Restaurants, bars, follows:
dining rooms a. 1 space. per 60 square feet of floor area
b. Commercial area b. 1 space per each 400 square feet of floor area
c. public assembly c. 1 space for each 5 scats based upon design capacity, except that total off- street
areas or off -road parking for public assembly may be reduced by 1 space for every, 4
guest rooms
Nursing homes, rest
4 spaces; plus
homes or similar uses 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 1 space per 500 square feet of sales and /or display area. The size of the sales
materials, equipment and /or display area shall be determined on a case by case basis.
rental and snnllar
Restaurants, cafes, bars 1 space per 50 square feet of indoor public serving area; plus 1 space per 100
and similar uses 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 1.5 spaces for each classroom, library, lecture hall and cafeteria; plus 1 space for
Ilementar and /or each 3 fixed seats in the area of public assembly, or 1 space for each 25 square
junior High feet of area available for public assembly if fixed seats are not provided
Schools a. 1.5 spaces for each classroom or lecture hall; plus 1 space per each 5 students;
a. Senior High plus 1 space for each non teaching employee; plus 1 space per each 3 fixed scats
b. Business or similar in the area of public assembly, or 1 space per 25 square feet of area available for
school public assembly if fixed seats are not provided
b, 1 s pace for each 1.5 students
Theater, ;auditorium or 1 space per 4 scats based upon place of assembly design capacity
similar
Warehousing, storage or 1 space per 1,000 square feet of floor area devoted to storage of goods; plus
handling of bulk goods appropriate spaces to support accessory office or retail sales facilities at 1 space.
p er 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 S 18.46.050 and X18.46.060, 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 requited
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.
Ordinance. #1769. l,ffcctive January 30, 2010 page 46 -8
a. Neighborhood Comnlercial Within the. B -1 and R -C) zoning; districts
iniplemctiting a small scale Community Commercial Mixed F'se growth policy
cicsig;nation or the 13 -3 zoning district, the parking requirements for none
residential rues may be reduced.
Table 46 -5
Use Allowable Reduction
Retail 40 percent
Restaurant 50 percent
Office 20 percent
All Others 30 percent
b. Coinmunity Commercial Within zoning districts lying; within a commercial node,
as defined in Chapter 18.80, the parking requircmctits for rtot csidcntial uses
may be reduced.
Table 46 -6
Use Allowable Reduction
Retail 20 percent
Restaurant 30 percent
Office 10 percent
.111 Others 10 percent
C. 'Transit f,vailability. 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 oil not less
than an hourly schedule a minimum of five days per week.
d. Structured Parking. Ali 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 thc. B -3
district is not required to provide parking.
C. Exceptions to These Parking Requirements Because some situations (i.e., existing lots which
have rio 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 withiri 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 ill _Lieu of Parkin 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 strcetscaping
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 11DR staff, "These
Ordinance #1769. 1?ffective January 30, 2010 page 46 -9
improvements nntst be placed in the public right -of -way or yards directly facing the
right -of -way.
2. Cash -in -Lice Modifications to Parking Rc uiretnents 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:
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
1 inance;
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 b 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 tune 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 Snaccs
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 Ficinetlts and Spaces: Scope and Technical Requirements). Each disabled
parking space shall also be accompanied by a sign stating "Permit Required $100 Fine
See Figure 18.46.040.1) 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 the AD.AAG. The table below addresses the majority of
circumstances:
Table 46 -7
Total Parking Required Minimum Number of Total Parking Required Minimum Number of
in Lot Accessible Spaces in Lot Accessible Spaces
I 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
Ordinance #1769. Effective January 30, 2010 page. 46 -10
Total Parking Required Minimum Number of Total Parking Required Minimum Number of
in Lot Accessible Spaces in Lot Accessible Spaces
101 to 170 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."
b. Accessible spacers shall be located as near as practical to a primary entrance(s)
and shall be designated as those spacers 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 iti
,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 mi'mmum 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 its 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 'fables 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:
Ordinance #1769. F,ffective 30, 2010 page 46 -11
from the street, sidewalk, or main building entrance. Installation of bicy parking; shall
allow for adequate clearance for bicycles and their riders.
3. Bicycle parking; tnay 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.
18. 46.050 JOINT USE OF PARKING FACILITIES
:1. Up to 80 percent of the non- residential parking spaces required by this chapte 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. T Planning Director may make a deterinination
for shared p arking; 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 execi.ition 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
,1ny 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.
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, feet from the
entrance of the principal use. The distance shall be measured on a pedestrian route of travel
Ordinance #1769. Effective January 30, 2010 page. 46 -12
such as a sideIX-alk or City standard trail from the nearest parking space to the entrance of the
principal use sen and
1 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.
Ordinance. 1769. Effective January 30, 2010 page 46 -13
CHAPTER 18.50
PARK AND RECREATION REQUIREMENTS
18.50.010 GENERAL
I?xcept as provided in §18.50.020.13 of this chapter, all subdivisions and residential developincnts 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 §18.50.020.1 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 riet 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 densiq 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. `I "hese 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 sett 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 -MII 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
Ordinance 1769: January 30, 2010 page 50 -1
area dedication for six dwellings per net acre shall be provided as cash-111-
lieu.
b. For subsequent developnent 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 casli -in -lieu.
(2) For development within the R -3, R -4, and R -O zordng 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 1uly 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 member 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 WHU's 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 oil 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 minfinunn
established by Section 76 -3-621, MCA.
Ordinance 1769: January 30, 2010 page 50 -2
13. T?xccytions .and 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 518.34.050, 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 X18.50.020, 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 requiretrtent: Site plans containing five or more dwelling units
shall provide on -sitc 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. 'Yhe 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. lira 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
Ordinance 1769: anuaty 30, 2010 page 50 -3
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, 1,andscaping, I3NIG The
required area shall:
a. Meet a minimum size of 225 square feat, and
b. Ilave a minimum dimension of 15 feet. Upon a showing that a superior design
will result, the (;ity may allow up to a 20(Yo reduction in the lnini.mum climerlsion
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 covcr 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 minftnum dimension of 8 feet. t ?pon 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. (Treed 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 dc:siguiation. The City intends to obtain the highest value for cash -in -lieu of parkland
that is allowable under Montana law.
Ordinance 1769: January 30, 2010 page 50 -4
I 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
re.quireme.nts of j118.50.020, 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.
I7. 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.
1~;. 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.
1 LJse of Cash Donations
I 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 casements, only if:
a. The park, recreational area, open space or conseivation 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
Cit 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 detcri nine.
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 tlian 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
Ordinance 1769: January 30, 2010 page 50 -5
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 licit
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 approval
by the City Commission, linear parks shall be dedicated to the City to provide corridors for
recreation pathways as defined in 18.50.11(), 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 lark 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 cstimate 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.
13. Width To ensure adequate room for pathway constriction, 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, IiMC 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 IIllIllnlum, all parks shall be
improved to the following standards by the developer, prior to final plat or final occupancy
approval as appropriate:
1. Minimum Rcq uircd Improvements ]_.,.ai1d 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.
()rdinance 1769: January 30, 2010 page 50 -6
B. Boundaries The park boundary bordering all private lots sh be delineated at the common
private /public corner pins, with flat, flexible fiberglass posts, a ininitnum of G feet in length with
no less than 2 feat driven into the ground. Each post must be labeled with a petnianent ghte on
sign stating Park Boundary or "Property Boundary Other forms of boundary nlarkin€T tna�
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.
17. storm Water Ietention /Retention ponds Stortnwater retention or detention ponds may be
located within public park land, but such areas shall not count towards the park land dedication
requitement. 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.
I:.
(.]call lip 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 t h e dev eloper shall sign, and tile at the C ounty Clerk and Recorders Office, a waiver of
right to protest the creation of park maintenance. district(s). The waiver shall be tiled 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:
1. The proposed development provides long -term protection of critical wildlife liabitat; 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 p erman ent ly 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 casements 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.
Ordinance 1769: January 30, 2010 page 50 -7
1 The developer provides land outside the development that affords long -term protection of
critical wildlife habitat; cultural, historical, arclieological or natural resources; agricultural
interests; or aesthetic values; and the area of the land to be subject to long -terin protection
equals or exceeds the area of the dedication otherwise required by this chapter.
1 1 subdivider may dedicate land to School District 7 to provide some or all of the land area
required by 18.50.020 13MC. 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 I3oard 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 rnect 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 plaid 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 Schoch District and the City; and
e. The option for cash -in -lieu of land described in X18.50.030, 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 minim um development
standards for parks established in X18.50.080, B1yIC.
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
pre\riciusly 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
(.Treater Bozeman ilrca '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 dctertnination
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;
Ordinance 1769: 1anuary 30, 2010 page 50 -8
b. Pathways that connect parks, but do not connect major residential, employment,
educational or scrvice nodes;
C. Pathways that are not accessible due to topography;
d. Pathways located within parks; and
C. Uass II and III trails.
2. Transportation Pathway~ For the definition of transportation pathways, please see.
18.44.110, B;NIC.
C. Related facilities If pathways are proposed or requived, 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 plain or other City specifications and standards. Trails and bridges must meat
,americans with Disabilities Act (11D 1) specifications for recreational facilities and maintain a
natural appearance. "frail plans and specifications shall be submitted to the Planning
Department for review and approval prior to installation.
I:. Pathway Maintenance Recreation pathways within the proposed development shall be
maintained, in conformance with an approved maintemncc plan, by the developer until 50
percent of they 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.
I 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.
Ordinance 1769: january 30, 2010 page 50 -9
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, duality of materials,
height, maintenance and construction of all signs and sign structures not located within a building, or
within a building and visible frown 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 1)y eliminating clutter associated, in part, with
the unrestricted proliferation of signs, lights and stringed devices;
C. '1'o 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
I 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, Bl\1C
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 miniinum
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 all
existing sign or proposed sigh unless such sign is consistent with the requirements of this chapter.
18.52.030 PROHIBITED SIGNS
,,11 signs not expressly perinitted under tliis 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;
I3. Flashing, blinking, or animated signs, or 1.I:17 or other electronic messaging signs except for
incidental signs as defined in Chapter 18.80, BMC;
I Pennants, streamers, wind socks, pinwheels, or similar items;
G. Stringed flags;
Ordinance 1 769 +Yfective January 30, 2010 page 52 -1
I I. Inflatable signs and tethered ball (except as permitted per j 18.52.040, 13 and
1. Signs located in public rights -of -way (except for these 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," "C�1L "Da�NGE'R,"
"WIyRN1NG," or sim -lar 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 suns, such as banners, tethered balloons and inflatable signs, but excluding
those subject to X18.52.050, BMC:, shall be allowed only as follows:
-i1. Special event signs are permitted in the zones described in'18.52.060.A and X18.52.060.8, I3MC.
B. 1\pphcants for temporary signs shall apply for, and have approved, a temporary sign permit
C. AR 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 max.imurn of thirty days per calendar year, from Janu 1 to
December 31. There sliall be a period of at least seven days between each fifteen day display
period.
F. Tcn-iporary signs which identify a new business may be tray 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 tlic life of the
business. ;1 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.
1 Temporary signs that identify a new business may be displayed until the business erects a
permanent sign, only if the b usiness is in the pr ocess 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.
I1. '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.
1. Businesses may promote events in the community, such as the County lair 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 clays
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 Zoiiesl R -S, R -1, R-2, R_3, R -4, RMH)
Ordinance #1769.Effective January 30, 2010 page 52 -2
1. Temporary, nonilhiminated 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.
2. Bu sinesses wo rking 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 pretrlisc advertising so long as the identified business is
actively engaged on the site.
B. Commercial and Manufacturing Zones -O B -1 B -2 B -3 UMU M -1 M -2 BP PLI 1 -1 M1.1
I. Window signs painted on the window or physically affixed to the interior of a window,
provided that such sighs 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 froin outside the structure or property.
3. Temporan 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
sigh of each subject per street frontage per lot is allowed.
4. 1 temporary, non illuminated sign identifying the b usinesses work 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. MI 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 busitess is actively engaged on the site.
5. Not more than four on- pretnises directional signs not exceeding 4 square feet in area and
5 feet in height which shall not contain any commercial messages.
C. All "Zones
I. Government and Public ,.11 ht, Signs Directional warnin 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 11 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 pert
k. Colrimercial Manufacturii1g and Public Land Zones B -2 B -3 UMU M -1 M -2 BP PLI
IIMLT� A lot in a B -2 district is permitted total signage not to exceed 400 square feet. 'l'he.
Ordinance #1769.Fffective January 30, 2010 page 52 -3
maximum allowable total signage in the ether 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 designe in accordance. with §18.52.070, BNIC.
1. Freestanding Signs One freestanding sign is permitted per zoned lot. The maximum area
for a freestanding sign shall be 32 square fect. A low profile freestanding sign shall be sct
back a nnininnum of 5 feet with a maximunn height of 5 feet. A pole -style freestanding
sign shall be set back a nninirnum of 15 feet with a maximum height of 13 feet. Tlle: polc-
style sign will maintain at least an 8 -foot ininimurn vertical clearance from the ground.
2. Wall Si €>r�s 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. Project nl; Signs Once 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 G 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 rnaxirnum 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
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 I'rcestanding Signs One low profile sign not to exceed 32 square fee in area
in the B 1 district, and 12 square feet in area in the R district. In both the 13 and the
R districts, the low profile sign shall have a nllrllmUm 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 Si is. Wall signs in the 11 -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 arc 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 sifms. 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 nxlitnirnum sidewalk clearance of 8 feet.
4. Subdivision Identification Si €nis. 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.
Ordinance #17G9.Effective Ja nuary 30 2010 page 52 -4
5. Residential Buildin Identification Signs. For properties used for multi- household
residential buildings, one residential identification wall sign per street frontage. F,ach sign
shall not exceed 8 square feet in area.
C. Residential_ Zones R R R R -3, R 4,�RMH)
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 fee 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- lousehold
residential buildings, one residential identification wall sign per street frontage. I?ach sign
shall not exceed 8 square fe in area.
3. Signs To Residential Principal and Conditional Uses and
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 zolling 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 Tones The guidelines for the underlying zoning districts apply unless
otherwise addressed below.
1. Nei hborhood 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. Ent ,3vay 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.
Ordinance #1769A- ffcctive January 30, 2010 page 52 -5
3. Interchange /one Signage may exceed the maximum total sign area permitted by
§18.52.060, 13MC by up to 25 percent upon review and approval of a dcvlation by the
City C:omtnission, 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.
a. Low I?rofile 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 tninirnum 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 rninitnum 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 Cite 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 connnnunity and
identifying defined districts. Wayfinding signs or kiosks are not intended to serve as off premise
advertising for individual entities.
B. Defmcd 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. Ilpproval of
district designation is the duty of the Planting 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 reap 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 wayftndinrg 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 wayfrndirng 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.
Ordinance #1769.Effective january 30, 2010 page 52 -6
information to pedestrians and drivers in a clear, consistent, and understandable forinat;
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.
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 eight 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.
I 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 signagc within the district from other districts.
2. Ligh ting. Lighting is not required. if any lighting is proposed, the wayfinding signagc
plan shall include cut- sliccts 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 ap}nroval 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.
li. Wayfinding signage may not interfere with the clear passage of pedestrians or
vehicles or otherwise cause safety hazards.
Ordinance #1769.1. 1anuary 30, 2010 page 52 -7
i. Wayftnding signs shall not obscure or obstruct any existing; regulatory, warning,
or parking control signs.
8. Wayftnding signs are allowed for parks, or for districts containing more than 30 acres of
platted lots.
9. 1 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. ,1 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 prop 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 X18.52.060.13.2, BMC. If the lot has more than one building frontage, the
individual tenant space may derive signs 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./1.2o.r �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 Sig
I. Pole Iee 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 inaximuln allowable wall signage permitted for the entire complex.
2. Low Profile Si 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 se tback a minilnurn of 5 feet from the property lines. All low profile
signs shall only identify the complex and must display the street number address in
Ordinance #1769.1 january 30, 2010 page 52 -8
figures which are at least 6 inches high. l.ow profile signs complying with these
regul will not be factored when calculating the maxitnum permitted wall sign area.
13. Wall Signs Lach tenant shall be permitted wall signage square footage calculated from 1.5 times
the linear store frontage. For the tnaxitnum allowable total signagc, please see �18.52.060.y� or
§18.52.060. B, 11 MC,
18.52.100 INDOOR SHOPPING MALL COMPLEXES WITH MORE THAN 100,000
SQUARE FEET OF GROUND FLOOR AREA
'rhe guidelines for the underly zoning districts apply unless otherwise addresse below:
A. Freestanding Signs
1. bole- styl�gns 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 inust display the street number address ill
figures which are at least 6 inches high. L ow profile signs complying with these
regulations will not be factored when calculating the maximum permitted wall sign area.
13. Wall Signs I3ach anchor tenant occupying 20,000 square feet or more shall be pertrLitted 300
square feet of wall signage. Fach tenant with an exclusive outdoor customer entrance shall be
permitted wall sigrlage 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 "catl 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. T 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 sh all not be placed in sight vision triangles as they are established in X18.44.100, BNIC, 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.
Ordinance #1769.1 1 ffective Januat) 30, 2010 page 52 -9
A. Fxception: Off- prciniscs sighs tray be placed on the interior of transit shelters reviewed and
approved by the City of Bozeman and sei by an active fixed route transit service. Signsigc
within a transit shelter shall not distract drivers of vehicles nor be legible from the driving lanes.
18.52.150 SIGNS ERECTED IN CONJUNCTION WITH NONPROFIT ACTIVITIES
ON PUBLIC PROPERTY
Signs erected on public property in support of nonprofit activities, such as signs advertising sponsors of
youth and sports activities, shall be allowed only as follows:
A. `f'hc silni(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 crested.
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 t.o
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 sigii(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.
I for such sign(s) trust 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 X18.52.170, 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 re 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 t-cvicw period will be
considered met if the letter is dated, signed and placed in the outgoing mail within the
five day review period.
Ordinance 1 769.Effective January 30, 2010 page 52 -10
2. After the application is deemed to contain the required elements and to be acceptable, it
shall be rcvicwed 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
the City of Bozeman. Determination of adequacy will be made by the Planning
Dcp-artment. 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 withill 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 resubinittal 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 c.lt fron]
requesting additional information during the review process.
3. Should the property owner choose not to provide the requited 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 tltiacccptabihty is all 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 filial 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 prenrlises.
Ordinance #I769.L:ffectil%re )anuaiy 30, 2010 page 52 -11
18.52.190 NONCONFORMING SIGNS
A. The eventual eliminatioIl of existing sigIls that are not 111 conformity With the provisions of this
chapter is as importaIlt as the re.gulatioIl of new signs. l..xcept as otherwise provided hereiIl, the
owner of any zone lot or other premises on which exists a sign that does not conform with the
requirements of this chapter and for which there is no prier, 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 confornning 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
noncoIformity, 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 collcctioji equipment), site plan review or reuse application will necessitate compli"mcc
for all existing; and proposed signage on the lot.
1 52 2 SUBSTITUTION
8.. 00
Any sign allowed under this chapter may contain, ill 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.
Ordinance #1769.Effective January 30, 2010 page 52-12
CHAPTER 18.58
FLOODPLAIN REGULATIONS
18.58.010 TITLE
These regulations shall be known and cited as the Bozeman floodplain regulations. This chapter is in
accordance with the authority of the laws of the State of Montana exercised by the City, and ether
authority as may be possessed by the City of Bozeman.
18.58.020 PURPOSE
This title has established regulations to prohibit development within floodplains in order to protect
public health and safety, safeguard water quality, provide for wildlife habitat and accomplish other
public purposes. IIowever, there arc certain limited circumstances where development within tile.
floodplain either currently exists or may be permitted from time to time to advance a public purpose.
This chapter provides standards which trust be met in order to promote the public health, safety and
general welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise use of
the floodplain when those limited circumstances occur. 'Phis chapter has been established with the
following purposes intended:
A. To guide development of the 100 -year floodplain within the Bozeman (�ity limits consistent with
the enumerated findings by:
1. Fstablishing zoning regulations coincident with and applicable to those areas at risk of
flooding with special requirements and regulations to protect the public welfare;
2. Recognizing the right and need of water courses to periodically carry more than the
normal flow of water;
3. Participating in coordinated efforts of federal, state and local management activities for
100 year floodplainns;
4. l�.nsuring the regulations and minimum standards adopted, insofar as possible, balance
the greatest public good with the least private injury; and
5. Carry out the provisions of this chapter in a fashion consistent with the remainder of this
title and the public policies set forth in the City's growth policy consistent with the
authority of Title. 76, Chapter 5, Part 3, MCA.
B. Specifically, it is the purpose of this chapter to:
1. Restrict or prohibit uses that are dangerous to health, safety and property in tithes of
flood, or that cause increased flood heights and velocities;
2. Require that uses vulnerable to floods, including public facilities, be provided with flood
protection at the time of initial constriction;
3. Identify lands unsuitable for certain development purposes because of flood hazards;
4. Minin the need for rescue and relief efforts associated with flooding undertaken at
the expense of the general public;
5. l"risure that potential bu yers are notified that property is within a 100 -year floodplain
and subject to the provisions of these regulations;
6. 13nsure. that those who occupy 100 -year floodplains assume responsibility for their
actions; and
7. Protect water quality and persons and property located downstream.
Ordinance 1769 Fffectivc January 30, 2010 page 58 -1
18.58.030 JURISDICTIONAL AREA
']'his chapter shall apply to all lands within the boundaries of the City of B0701-lan, State of Montana,
shown on the official floodplain snaps, including any amendments or revisions, as being located \vithiu a
100 -year floodplain district or that may- otherwise be identified as lying within a 100 --year floodplain
through additional floodplain delineation, engineering analysis, topographic suli or other objective
and factual basis.
18.58.040 FLOODPLAIN REGULATION ESTABLISHMENT AND APPLICABILITY
These floodplain reguhations are hereby established and are applicable Ili all areas defined by the base
flood elevations and 100 -year floodplains as delineated in the Flood Insurance Study, or other means
specified in 518.58.030, BMC. The basis for the Flood Insurance. Study is a scientific and engineering
report entitled The Flood Insurance Study for the City of Bozeman, Montana, dated .July 15, 1988, with
accompanying Flood Insurance Rate Maps and Flood Boundary; /F'loodway Maps. The official
floodplain maps, together with the blood Insurance Study are on file in the office of the City floodplain
Administrator. The floodplain regulations are hereby established in all areas subject to flooding.
Depiction on the official zoning map of the City is not required for this district.
18.58.050 ABROGATION AND GREATER RESPONSIBILITY
It is not intended by this chapter to repeal, abrogate, or impair any existing easen covenants, decd
restrictions, or underlying zoning. IIowever, where this chapter imposes greater restrictions, the
provisions of this chapter shall prevail.
18.58.060 FLOODPLAIN ADMINISTRATOR
The City floodplain Administrator has been designated to be the City F.r►gineer. The. responsibilities of
this position are outlined in 518.58.130, BMC.
18.58.070 REGULATION INTERPRETATION
T'hc interpretation and application of the provisions of these regulations shall be considered minimum
requirements and liberally construed in favor of the governing body and not deemed a linait:ation or
repeal of any other powers granted by state statute or self- governinent status.
18.58.080 COMPLIANCE WITH REGULATIONS
No structure or land use shrill be located, extended, converted or structurally altered without full
compliance with the provisions of this title, these specific regulations, and other applicable regulations.
These regulations meet or exceed the minimum floodplain development requirements as set forth by the
Montana Department of Natural Resources and Conservation and the National I loud Insurance
Program.
18.58.090 FLOOD HAZARD EVALUATION
A. General land subject to being flooded by a flood of 100 -year frequency as defined by "Title 76,
Chapter 5, MCA, or land deemed to be subject to flooding by the City of Bozeman, shall not be
subdivided or developed for building or residential purposes, or other uses that may increase or
aggravate flood hazards to life., health or welfare, or that may be prohibited by state or local
floodplain or floodway regulations.
B. Requirement for Study
1. If any portion of a proposed subdivision or other development is:
a. Within 1,000 horizontal feet and less than 10 vertical feet of a watercourse
draining an area of 25 square miles or more; and
Ordinance 1769 Fffective January 30, 2010 page 58 -2
b. No official floodplain or floodway delineation study of the watercourse.• has bean
made.; then
C. The subdivider or other developer shall provide a floodplain analysis report
establishing; the calculated 100 -year frequency water surface elevations and 100
ycar floodplain boundaries. Tile analysis and report shall be prepared by a
licensed professional engineer qualified in this field of work.
2. If any portion of a proposed subdivision or other developmetlt is:
a. Within 1,000 horizontal feet and less than 10 vertical feet of a watercourse
draining; an area less than 25 square miles; and
b. No official floodplain or floodway delineation study of the watercourse has been
made; then
C. The subdivider or other developer shall:
(1) Demonstrate to the satisfaction of the City Lrngineering Department that
the 100 -}rear peak runoff of the watercourse will not affect the
subdivision; or
(2) Delineate the existing and proposed 100 -year flood limits of the stream
or streams within 1,000 feet of the proposed subdivision and specify any
mitigation that may be required to protect the proposed subdivision and
adjacent properties from potential flooding; and erosion damage due to
any proposed changes within the delineated flood limits.
d. 'I'll( dei-eloper's professional engineer, licensed in the State of Monrana, shall
provide written certification to the City that the mapped flood locations and
proposed mitigation shall protect against damage by the 100 -year flood.
3. Submission of Report The report shall be submitted at the time of preliminary plat or
plan application. The report may be submitted, upon the request of the City
Commission or Development Review Committee, to the Floodplain Management
Section, Water Resources Division, Montana Department of Natural Resources and
C;onselvation, for review and concurrence.
4. Contents of Re ort. The required report shall include the following information:
a. Certification Certification of the report by a registered professional engineer.
b. C )verall flan View An overall scaled plan view (pro)ect map) with identified
scale for vertical and horizontal distance showing the following:
(1) Watercourse;
(2) floodplain boundaries;
(3) location of property;
(4) Contours;
(5) Cross sections;
(6) Bridges or other constrictions in the floodplain; and
(7) LISGS gauging stations (if any).
C. Benchmarks The location and elevation of a temporary benchmark(s)
established within the subdivision and referenced to mean sea level with
appropriate elevation adjustment.
d. Cross Sectional Information
(1) C toss sections shall follow the applicable guidelines established b) the
Montana Department of Natural Resource Conservation. If applicable
guidelines are not available, cross section information shall be as follows:
Ordinance 1769 Effective January 30, 2010 page 58 -3
(a) Cross section elevations and stations should be detcrmincci at
points representing significant breaks in ground slope and at
changes in the hydraulic characteristics of the floodplain (e.g.,
points where ground cover, soil or rock conditions change).
Flevations must be reported in N1-�VDM or NGVD29 datum.
(b) Each cross section shall cross the entire floodplain. The cross
section alignment should be perpendicular to the general flow of
the watercourse, the slope of the channel and the hydraulic
characteristics of the reach. 1 minimum of four- cross sections
are required over the entire reach with at least two cross sections
at the property where the elevations are desired. additional cross
sections must be taken at bridges, control structures or natural
constrictions in topography.
(2) Photogramtnetric methods may be used in lieu of cross sections
whcnevcr appropriate and when reviewed and approved by the City
l'?iigineer.
e. Brides Descriptions and sketches of all bridles within the reach, showing
unobstructed waterway openings and elevations.
f. Water Surface Elevations of the water surface determined by sur7'cy as part of
each valley cross section.
g. Supp orting Documentation. Engineering report of computer computations,
calculations and assumptions that inay include.:
(1) hydrology (research of published hydrology or calculations showing how
hydrology was derived);
(2) Input files (hard copy and on diskette or CD RONI); and
(3) Output files (hard copy and on diskettes or CD -ROM). i s
C. Waiver of Requirement The City Engineer may waive this requirement where the subdivider
contacts the Water Resources Division, Montana Department of Natural Resources and Con-
servation, and that agency states in writing that the data indicate that the proposed subdivision is
not in the flood hazard area as defined in this chapter.
18.58.100 RULES FOR INTERPRETATION OF FLOODPLAIN DISTRICT
BOUNDARIES
The boundaries of the 100 -year floodway shall be determined by scaling distances on the official
floodpl maps and using the. floodway data table contained in the flood insurance study report. 'I'lie
maps may be used as a guide for determining the 100 -year floodplain boundary, but the exact location of
the floodplain boundary shall be determined where the base flood elevation intersects the natural
ground. T floodplain administrator may require an on site survey and staking of the floodplain
boundary prior to issuance of any perniit or any development undertaken following issuance of a permit.
18.58.110 WARNING AND DISCLAIMER OF LIABILITY
This chapter does not imply that areas outside the delineated floodplain boundaries or permitted land
uses will always be totally free from flooding or flood dainage.s. These regulations shall not create a
liability or cause of action against the City or any officer or employee thereof for flood damages that
may result from reliance upon these regulations.
Ordinance 1769 1?ffcctive. January 30, 2010 page 58 -4
18.58.120 DISCLOSURE PROVISION
,111 owners of property in an identified 100 year floodplain as indicated on the official floodpl maps
must notify potential buyers or their agents that such property is subject to the provisions of this
chapter.
18.58.130 ADMINISTRATION OF REGULATIONS
\s provided ir) 11 8.58.060, BMC, the City floodplain AdITllnlstrator h as 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 ,kdministrator 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 gove rnmental 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 Strcambed and
land Prescrvation \ct.
1. Additional Factors F- loodplain development permits shall be granted or denied by the
City floodplain Administrator on the basis of whether the proposed e stablishment
alteration or substantial improvement of an artificial obstruction tlneets the requirements
of this chapter and other requirements of this title. Additional factors that shall be
considered for every permit application are:
a. ']'he danger to life and property due to increased flood heights, increase 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;
f. T he requirement of the facility fora waterfront location;
g. The availability of alternative locations not subject to flooding for the proposed
use;
11. 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.
Ordinance 1769 h.ffective: January 30, 2010 page 58 -5
I7. 1 floodplain deN pernnit application shall be reviewed and acted upon within 180
working days -after the date of receipt of the complete application by the City Floodplain
Adinitnistrator. 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.
13. The City Floodplain Administrator shall adopt such administrative procedures as may be
necessary to efficiently administer the provision of these regulations.
I 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 (;ity Attorney may restrict access to
specific records.
G. `l City Floodplain Administrator tray 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.
I1. Upon receipt of an application for a perinit or a variance, the City Floodplain Administrator
shall prepare a notice according to the requirements of Chapter 18.76, BMC.
1. (,opics of all permits granted must be sent to the Montana Department of Natural Resources
and Conseivation in 1 Icicna, Montana.
1. In riverinc. situations, notifications by the City Floodplain Administrator trust be made
to adjacent communities, the Floodplain. Management Section (DNRC) and FFNIA prior
to ally alteration or relocation of a stre-.atn. 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.
18.58.140 PERMIT APPLICATIONS
A. Activities or uses that require the issuance of a permit, including the expansion or alteration of
such uses, shall not be initiated, established or undertaken until a permit has been issued by the
City Floodplain Administrator.
B. Permit applicants shall be required to furnish the following information as deemed necessary by
the City Floodplain Administrator for determining the suitability of the particular site for the
proposed use:
1. "Three sets of plans drawn to scale (including dimensions) showing the nature, location
and elevation of the lot; existing and proposed structure locations; fill, storage or
materials site; floodproofing measures; mean sea level elevation of first floor of proposed
structures; and location of the channel and limits of 100 -year floodplain boundary;
2. A plan view of the proposed development indicating external dimensions of structures;
street or road finished grade elevations; well locations; individual sewage treatment and
disposal sites; excavation and /or fill quantity estimates; and site plan and /or
construction plans;
3. Specifications for floodproofing, filling, excavating, grading, bank stabilization, storage
of materials and location of utilities;
Ordinance 1769 Effective January 30, 2010 page 58 -6
4. A professional engineer's or registered architect's design calculations and certification
that the proposed activity has been designed to be in compliance. with these regulations;
and
5. Certification of floodproofing and /or elevation shall be provided on a standard form
available from the City Hoodplain Administrator.
6. AdJoinin ()wrlcrs. Names and addresses of record owners of lots and tracts
immediately adjoining the proposed floodplain permit.
C. To determine that the permit specifications and conditions have been completed, applicants who
have received permits are requited to furnish the following at the time of an oil-Site
conformance. inspection:
1. Certification by a registered professional engineer or licensed land surveyor of the actual
mean sea level elevation of the lowest floor (including basement) of all new, altered or
substantially improved buildings;
2. If floodproofing techniques were used for buildings, the mean sea level elevation to
which the floodproofing was accomplished must be certified by a structural cinglnecr or
licensed architect in the same manner;
3. Certification shall also be required for artificial obstructions other than buildings, that
the activity was accomplished in accordance with these regulations and the design plans
submitted with the application for the permit activity. This certification may be waived
by the City Floodplain Acinninistrator if it can be clearly ascertained by a site inspection
that the activity was accomplished in accordance with these regulations; and
4. crtification of floodproofing and /or elevation shall be provided on a standard form
available from the City Floodplain Administrator.
18.58.150 EMERGENCY WAIVER
A. Emergency repair and replacement of severely damaged public transportation facilities, public
water and sewer facilities, public utility electricity and natural gas distribution facilities, and flood
control works may be authorized. Floodplain development permit requirements may be waived
if:
1. Upon notification and prior to emergency repair and /or replacement, the City
Floodplain Administrator determines that an emergency condition exists warranting
immediate action; and
2. The City Floodplain Administrator- agrees upon the nature and type of proposed
emergency repair and /or replacement.
B. Authorization to undertake emergency repair and replacement work may be given verbally if the
City Floodplain Administrator feels that such a written authorization would unduly delay the
emergency works. Such verbal authorization must be followed by a written authorization
describing the emergency condition, and the type of emergency work agreed upon and stating
that a verbal authorization had been previously given.
18.58.160 REVIEW VARIANCES APPEALS
Appeals and variances from this chapter may be taken as set forth in Chapter 18.66, BTAIC. The City
Floodplain Administrator shall maintain records of the variance notlfcation and actions, including
justification for their issuance, and forward copies of all variance actions to the Montana Department of
Natural Resources and Conservation and the Federal I?.mergency Management Agency.
Ordinance 1769 Effective January 30, 2010 page: 58 -7
18.58.170 FLOODPLAIN DEVELOPMENT COMPLIANCE
Any use, arrangement or construction not in compliance. as authorized by p ermit, shall be deeined a
violation of this chapter and punishab as provided in Chapter 18.64, BMC. 1n applicant is requited to
submit certification by a registered professional engineer, architect, land surveyor or other qualified
person designated by the City Floodplain Administrator that finished fill and lowest building; floor
elerTations, flood proofing, hy draulic design or other flood protection measures were accomplished in
compliance: with these regulations.
18.58.180 EMERGENCY PREPAREDNESS PLANNING
In formulating communit�7 development goals, the community shall consider the developm of a pl an
for evacuating users of all development located within flood prone areas. This plan should be
developed, filed with, and approved by appropriate comrnwiity ctxiergenc tnaiiagement authorities.
18.58.190 APPLICATIONS SPECIFIC STANDARDS
The nlintmum floodplain development standards listed i this chapter apply to the floodway and
floodway fringe portions of the 100 -year floodplain as delineated on the flood hazard area maps or other
flood h azard areas as may be determined by §18.58.040, BMC.
18.58.200 FLOODWAY USES ALLOWED WITHOUT FLOODPLAIN PERMITS
When a site specific exemption or relaxation of the standards of §18.42.100, BMC allow utilization of a
portion of the floodplain, the following uses sliall be allowed without a permit Within the floodway,
provided that such uses conform to the provisions of X1'18.58.350 through §18.58.390, BIN1C; arc not
prohibited by any other ordinance, resolution or statute; and do not require fill, excavation, permanent
storage of materials, or equipment or structures other than portable structures:
A. l,gricultural uses;
B. \cccssoiy uses such as loading and parking areas associated with industrial and commercial
facilities;
C. private and public recreational uses such as golf courses, driving ranges, archery ranges, picnic
grounds, boat launching ramps, parks, wildlife management and natural areas, fish hatcheries,
fishing areas, and hiking or horseback riding; trails;
17. Residential uses such as lawns, gardens, parking areas and play areas;
E. Irrigation and livestock supply wells, provided that they are located at least 500 feet from
domestic water supply wells; and
1 fences, except permanent fences crossing channels.
18.58.210 FLOODWAY USES REQUIRING FLOODPLAIN PERMITS
When a site specific exemption or relaxation of the standards of §18.42.100, BMC allow utilization of a
portion of the floodplain, the following artificial obstructions may be permitted in the floodway subject
to the issuance of a permit by the City floodplain Administrator:
i1. I �,xcavation of material from pits and pools provided that:
1. A buffer strip of undisturbed land is left between the edge of the channel and the edge
of the excavation. This buffer strip must be of sufficient width to prevent flood flows
from channeling into the excavation;
2. The excavation ineets all applicable laws and regulations of other local and state
agencies; and
3. Excavated material is disposed of or stockpiled outside the floodway;
Ordinance 1769 Effective January 30, 2010 page 58 -8
B. Railroad, highway and street stream crossings provided the crossings arc designed to offer
11unfi11al obstrUCtlori to flood flow. Stream crossings shall Ilot increase the elevation of the 100
year flood more than one. -half foot nor cause a significant increase in flood velocities;
C. Idi filling for highway, street and railroad embanktricrlts not associated with stream
crossings, provided that:
I. Reasonable alternate transportation routes outside the designated flood\vay arc not
available; and
2. Such floodway encroachment is located as far from the strcarli channel as possible: and
sliall not result in a cumulative increase in base flood elevations, after allowable
encroachments into the floodway fringe, exceeding one -half foot;
D. Buried or• suspended utility transmission lilies, provided that:
1. Suspended utility transIllission lines are designed so the lowest point of the suspended
line is at least 6 feet higher than the base flood elevation;
2. Towers and other appurtenant structures are designed and placed to withstand and
Inininially obstruct flood flows; and
3. utility transmission lines carrying toxic or flammable materials arc buried to a depth of at
least twice the calculated triaxiinurn depth of scour for a 100 -year flood. The maximum
depth of scour shall be determined by hydraulic engineering methods acceptable to the
City I'loodplain Administrator;
I. Storage of materials and equipment, provided that:
1. The material or equipment is not subject to major damage by flooding and is properly
anchored to prevent floatation or downstream movement; or
2. The material or equipment is readily movable within the limited time available after flood
warning. Storage of flammable, toxic, hazardous or explosive materials shall not be
permitted;
I Domestic water supply wells, provided that:
1. They are driven or drilled wells located on ground higher than the surrounding ground
to assure positive drainage from the well;
2. Well casings arc watertight to a distance of at least 25 feet below the ground surface;
3. Water supply and electrical lilies have a watertight seal where the lines enter the casing;
4. 111 pumps, electrical lines aIld equipment are either submersible or adequately
floodproofed; aIld
5. Check valves are installed on main water lines at wells and at all building entry locations;
G. Substantial improvements to ally structure provided that the provisions of subsections C, I) or
F of X118.58.260, BI\1C are met. In the floodway, the structure must be floodproofed or elevated
on a permanent foundation rather than on fill; and
1 -1. All other artificial obstructions, substantial improvements or nonconforming uses not
specifically listed or prohibited by these regulations.
18.58.220 FLOODWAY PERMITS FOR FLOOD CONTROL WORKS
It is desired that flood control be primarily accomplished by on -site stormwater management, protection
of bank stabilizing vegetation, preserving an unobstructed floodplain and keeping development away
from areas prone to flooding. In the event that adequate flood control can not be achicvcd by these.
Ordinance 1769 Effective January 30, 2010 page 58 -9
n iethods, flood control works shall be allowed within floodways subject to the issuance of a permit by
the City 1 ;\dministrator with the following; conditions:
Levees and floodwalls are permitted if.
1. The proposed levee or floodwall is designed and construed to safely convey a 100 -year
flood; and
2. The cumulative effect of the levee or floodwall combined with allowable floodway fringe
encroachments does not increase the unobstructed base flood clevation more than one
half foot. 'Thc City Floodplain A may establish either a lower or higher
permissible increase in the base flood elevation for individual levee projects only Witt]
concurrence from the Montana Department of Natural Resources and Conservation and
the I ^ederal Emergency Management .-Agency based upon consideration of the following;
criteria:
a. The estimated cumulative effect of any anticipated future permissible uses; and
b. The type and amount of existing flood -prone development in the affected area;
3. The proposed levee or floodwall, except those to protect agricultural land, is constructed
at least 3 feet higher than the base flood elevation;
13. Bank stabilization methods provided that:
1. When selecting a bank stabilization method, bast management practices consistent with
the intent of this title shall be used
2. The bank stabilization method is designed to withstand a 100 -year flood;
3. The bank stabilization method does riot increase the base flood elevation; and
4. The bank stabilization method will not increase erosion upstream, downstream or
adjacent to the stabilization site
C. Channelization projects if they (io not significantly increase the magnitude, velocity or base flood
elevation in the proximity of the project;
I). Dams provided that:
1. They are designed and constructed in accordance with the Montana Dam Safety 1ct and
applicable safety standards; and
2. They will not increase flood hazards downstream, either through operational procedures
or improper hydraulic design.
18.58.230 FLOODWAY PERMITS FOR WATER DIVERSIONS
Permits for the establishment of a water diversion or change in place of diversion sh not be issued if
in the judgment of the City I'loodplain Administrator:
.y. The proposed d iversion will significantly increase the upstream base flood elevation to the
detriment of neighboring property;
B. The proposed diversion is riot desip and constructed to minimize potential erosion from a
100 -year flood and
C. Any permanent diversion structure crossing the full width of the stream cliannel is riot designed
and constructed to safely withstand a 100 -year flood.
18.58.240 FLOODWAY PROHIBITED USES
'1'hc following artificial obstructions and nonconforming; uses are prohibited within the floodway:
Ordinance 1769 E ffective. Ja nuary 30, 2010 page 58 -10
lk. Ncw construction of any residential, connnerctal or industrial structure including manufactured
homes;
B. Lncroachinents including fill, new construction, alterations, substantial improvements and other
development within the adopted regulatoii- floodway that would result in erosion of the
embankment, obstruction of the natural flow of waters or increase in flood levels within the
community during; the occurrence of the 100 -year flood;
C. '1 he. construction or permanent storage of an object subject to floatation or movement during
flooding;
1). Solid and hazardous waste disposal, sewage treatment and sewage disposal systems;
F:. Storage of toxic, flammable, hazardous or explosive materials; and
I '\Iterations of strtactures runless it can be shown the alteration will not raise flood heights.
18.58.250 FLOODWAY FRINGE USES ALLOWED WITHOUT PERMITS
111
use allowed in the floodway, according to the provisions of 518.58.210, BMC of these regulations,
shall also be allowed without a permit in the floodway fringe.
18.58.260 FLOODWAY FRINGE USES REQUIRING PERMITS
When a site specific exemption or relaxation of the standards of X18.42.100, BMC allows utilization of a
portion of the floodplain, the uses allowed in the floodway subject to the issuance of a pe:rtnit,
according to the provisions of §18.58.220 through x\18.58.240, BMC, shall also be allowed by permit
within the floodway fringe. In addition, new construction, substantial improvements and alterations to
structures are allowed by permit. This includes but is not limited to residential, commercial and
industrial construction and suitable fill to be allowed by permit from the City Floodplain iWministrator,
subject to the following conditions:
y. Such structures or fill trust not be prohibited by any other statute, regulation, ordinance or
resolution;
B. Such structures or fill must be compatible with local growth policies;
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;
1). The new construction, alteration and substantial improvement of commercial and industrial
structures can be constructed on suitable fill as specified in subsection C of this section. If not
constructed on fill, commercial and industrial structures trust be adequately floodproofed to ail
elevation no lower than 2 feet above the base flood elevation. Floodproofing must be certified
by a registered professional engineer or architect that the floodproofing; methods are adequate to
withstand the flood depths, hydrodynamic and hydrostatic pressures, velocities, impact,
buoyancy and uplift forces associated with the 100 -year flood;
1. If the structure is designed to allow internal flooding of areas below the lowest floor, use
of this space shall be limited to parking, loading areas, building access and storage of
equipment or materials not appreciably affected by flood waters. The floors and wall
shall be designed and constructed of materials resistant to flooding to an elevation no
lower than 2 feet above the base flood elevation. Walls shall be designed to automatically
equalize hydrostatic forces by allowing for entry and exit of floodwaters. Openings may
be equipped with screens, louvers, valves, other coverings or devices which permit the
automatic entry and exit of floodwaters;
Ordinance 1769 Fffective January 30, 2010 page 58 -11
2. Structures whose lowest floors are used for a purpose other than parking, loading or
storage of materials resistant to flooding; shall be floodproofcd to an elevation no lower
than 2 feet: above the base flood elevation. Floodproofng shall include impermeable
membranes or materials for floors and walls and watertight enclosures for all windows,
doors and other opctaings. Those structures shall also be designed to withstand the
hydrostatic, hydrodynamic and buoy effects of a 100 -year flood; and
3. F loodproofing of electrical, heating and plumbing systems shall be accomplished in
accordance with �A 8.58.350 through `A 8.58.390,13NIC;
1 All manufactured homes placed in the floodway fringe must have the chassis securely anchored
to a foundation system that will resist floatation, collapse or lateral movement. Methods of
anchoring; may include, but are not limited to, over -thc -top or frame ties to ground anchors. Thc
following conditions also apply:
1. When a manufactured home is altered, replaced because of substantial damage as a result
of a flood, or replaced on an individual site, the lowest floor must be elevated 2 feet
above the base flood elevation. The home can be elevated on fill or raised on a
permanent foundation of reinforced concrete, reinforced mortared block, .reinforced
piers or other foundation elements of at least equivalent strength; and
2. Replacement or substantial improvement of manufactured homes in an existing
manufactured hotne community or subdivision must be raised cm a permancnt
foundation. The lowest floor must be at ]cast 36 inches above the ground or raised 2 feat
above the base- flood elevation, whichever is less. The foundation must consist of
reinforced concrete, reinforced mortared block, reinforced piers or other foundation
elements of at least equivalent strength;
3. Manufactured homes proposed for use as commercial or industrial structures must be
elevated and anchored, rather than floodproofed;
1'. Fill material placed in t:he floodway fringe must be stable, compacted, well graded, pervious,
generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree
stumps or other organic material and appropriate for the purpose of supporting the intended
use and /or permanent structure;
G. Roads, streets, highways and rail lines shall be designed to minimize increase in flood heights.
Where failure or interruption of transportation facilities would result in danger to the public
health or saferv, the facility shall be located 2 feet above the base flood elevation; and
f4. Agricultural structures that have a low damage potential, such as sheds, barns, shelters, and hay
or grain storage structures must be adequately anchored to prevent floatation or collapse and all
electrical facilities shall be placed above the base flood elevation;
1. Recreational vehicles, if they are on the site for more than 180 consecutive days or are
not ready for highway use, must meet the elevating requirements of subsection C of this
section.
18.58.270 FLOODWAY FRINGE PROHIBITED USES
The following artificial obstructions and nonconforming uses are prohibited within the floodway fringe.:
A. Solid and hazardous waste disposal; and
B. Storage of highly toxic, flammable, hazardous or explosive materials. Storage of petroleum
products may be allowed by permit if stored on compacted fill at least 2 feet above the base
flood elevation and anchored to a permanent foundation to prevent downstream movement.
Ordinance 1769 Iffe-ctive january 30, 2010 page 58 -12
18.58.280 FLOODPLAIN AREAS WITH FLOOD ELEVATIONS AND NO DELINEATED
FLOODWAY
A. A development proposed fora 100 year floodplain, w water surface elevations are available
but no floodway is delineated, may not significantly i ncrease: flood velocities or depths or
generally alter patte of flood flow. T he provisions of \18.58.250 through ��18.58.270, BMC
shall apply to these areas. The City Floodplain Administrator may require a permit applicant to
furnish additional hydraulic data before acting on a permit application for such a floodplain. The
data may include, but are not limited to, any of the following:
I. A hydraulic study documenting probable effect on upstream, downstream or adjacent
property owners caused by the proposed development; or
2. The calculated increase in the 100 -yeas flood water surface profile caused by the
proposed dev elopment.
11. Permits for such proposed development may be modified or denied if the additional information
shows that the proposed use would cause an additional flood hazard to adjacent property or
significantly increase flood heights. A significant increase in flood height is one -half foot unless
existing or anticipated development in the area dictates a lesser amount of allowable increase.
18.58.290 SHALLOW FLOODING (AO ZONES)
A. Shallow flooding areas are delineated as AO zone floodplains on the Flood Insurance Rate.
Maps. The provisions of `18.58.260, BMC shall apply to any 10 zone floodplains. The depth (if
the 100 year flood is indicated as the depth number on the Flood Insurance. Rate Flaps. The.
100 -year flood depth shall be referenced to the highest adjacent grade or stream flow line in
determining which fill or floodproofing heights to use in applying the pro- 6sions of subsections
C and 1) of 018.58.260, BMC. In the absence of depth or elevation information, a mi n 2-
foot flood depth shall be used.
I3. Floodplain Boundary Interpretation The City 1'loodplain Administrator shall make
interpretations whe re needed as to the exact location of an AO zone floodplain boundary when
the.rc is a conflict between a mapped boundary and actual field conditions.
18.58.300 APPLICABILITY TO UNNUMBERED A ZONES
The Minimum floodplain developme standards listed in this section apply to the 100 -year floodplains
delineated by approximate methods and identified as unnumbered ,1 zones on the Flood Insurance Rate
Maps.
18.58.310 A ZONES USES ALLOWED WITHOUT PERMITS
Y111 uses allowed in a floodway, according to the provisions of x\18.58.210, BMC, shall also be allowed
without a permit in unnumbered A zone floodplains.
18.58.320 A ZONES USES REQUIRING PERMITS
All uses allowed in the floodway and floodway fringe subject to the issuance of a permit according to
the provisions of §18.58.260, BMC, shall require permits from the City liloodplain Administrator for
unnumbered A zone floodplains. Also, the provisions of X18.58.260, BMC apply to the A zone
floodplains with no floodway delineated or water surface profile computed. Since there are no 100 -year
flood water surface profiles computed for A zonee floodplains, the following conditions also apply:
A. Elevation data on the 100 year flood shall be pros ide- d for subdix ision proposals according to
the definitions and rules of the Montana Sanitation in Subdivisions Act, "1 itle 76, Chapter 4, Part
1, MCA and the rules adopted by Department of 1 (duality under this Act. These
Ordinance 1769 1 ffective. J anuary 30, 2010 page 58 -13
data shall be used in applying subsections C, 1) and F: of X18.58.270, 13NJC. Subdivision
proposals shall also provide for adequate drainage to ininimize potential flood hazards;
B. '1 "he City floodplain Adniuiistrator ma obtain, review and reasonably use an} base. flood
elevation and floodway data available from federal, state or ether sources, until such data have
been provided b) l l :1�1; to enforce subsections C and D of §18.58.270, BMC;
C. The City floodplain Administrator may use historical flood elevations to deterininc suitable fill
or floodproofing elevations as required by subsections C and D of §18.58.270, W\fQ
D. If historical flood evidence is not available, then the City Floodplain Administrator shall
determine, from a field review at the proposed development site, an appropriate fill or
floodproofing elevation to use in applying subsections C and D of §18.58.270, 13MG In the
absence of depth or elevation information, a minimum 2 foot flood depth shall be used; and
l?. Proposed structures must be anchored to prevent floatation or collapse and must be located as
far from stream channels as practicable.
18.58.330 A ZONES PROHIBITED USES
Those uses prohibited in the floodway fringe, in accordance with X18.58.270, 13I\1C, shall also be
prohibited within the A zone floodpl bound aries.
18.58.340 A ZONES FLOODPLAIN BOUNDARY INTERPRETATION
The City l"loodpl.ain Admin istrato r shall make interpretations where needed as to the exact location of
the unnumbered A zone floodplain boundary when there is a conflict between a mapped boundary and
actual field conditions.
18.58.350 FLOODPROOFING REQUIREMENTS CERTIFICATION
If the following floodproofing requirements are to be applied to a proposed structure, as stipulated by
the City Floodplain Administrator in accordance with these regulations, the methods used must be.
certified as adequate by a registered professional engineer or architect.
18.58.360 FLOODPROOFING REQUIREMENTS CONFORMANCE
Permitted floodproof systems shall conform to the conditions listed in X118.58.370 through §18.58.390,
BMC and the floodproofing standards listed in subsection D of 18.58.260, BMC for commercial and
industrial structures.
18.58.370 FLOODPROOFING REQUIREMENTS ELECTRICAL SYSTEMS
A. All incoming power service equipment, including all metering equipment, control centers,
transformers, distribution and lighting panels, and all other stationary equipment must be located
at least 2 feet above the base flood elevation;
B. Portable or movable electrical equipment may be placed below the base flood elevation, if the
equipment can be disconnected by a single submersible plug- and socket assembly;
C. The main power service line shall have automatic or manually operated electrical disconne
equipment located at ,in accessible location outside the 100 -year floodplain and above the base
flood elevation; and
D. All electrical wiring systems installed at or below the elevation of the 100 -year flood shall be
suitable for continuous submergence and may not contain fibrous components.
i s
Ordinance 1769 lffectivc January 30, 2010 page 58 -14
18.58.380 FLOODPROOFING REQUIREMENTS HEATING SYSTEMS
1. Float operated automatic control valves must be installed in gas furnace supply lines so that the
fuel supply is autoniatically shirt off when flood waters reach the floor level where the furnace is
located;
B. Nlanually operated gate valves must be installed in gas supply lines. The gate valves must be
operable from a location above the elevation of the 100 -year flood; and
C. F'lectric heating systems must be installed in accordance with the provisions of International
Building Code: and any other applicable regulations.
18.58.390 FLOODPROOFING REQUIREMENTS PLUMBING SYSTEMS
A. Sewer limes, except those to be buried and scaled in vaults, must have check Nralves inst alled to
prevent sewage backup into permitted structures; and
B. toilet stools, sinks, urinals and drains must be located so the lowest point of possible water
entry is at least 2 feet above the elev ation of the 100 17ear flood.
18.58.400 VIOLATION NOTICE
The Cite Floodplain Administrator shall bring any violation of this chapter to the attention of the local
governing body, its legal council and the Montana Department of Natural Resources and (.;onservation.
18.58.410 VIOLATION PENALTY
�riol of the provisions of this chapter or failure to comply with any of the requirements, including
permit approval prior to development of floodprone lands, and conditions and safeguards established
shall be subject to the provisions of Chapter 18.64, BM(;.
Ordinance: 1769 Lffective january 30, 2010 page 58 15
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
.1. Purpose. The Dcvcloprnent Review Committee (DRC), Design Review Board (DRI3),
administrative Design Review staff (11)R.) and Wetlands Review Hoard (WRB) are established
to coordinate, expedite and assure fall 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 wader 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 prov isions 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 v ariance or deviation is requested and
b. The DRC shall act as an advisory body to the City Commission or Board of
ildjustmcnt 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
CoIIlmissioII, 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
2ldjustment regarding:
(1) Sitc 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
Ordinance #1769. January 30, 2010 page 62 -1
design and sifnlage 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.
C. The. DRB has responsibility for projects subject to 018..34.040.(:, BNIC.
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 advisoty body to the Planning Director for site
plans within overlay districts not meeting one or more of the thresholds of
§18.34.0403 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 perinits within overlay districts; and
d. The ADR staff shall act as an advisory body to the City Conlinission or Board of
Adjustmctnt 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 nlay 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 entn way corridors.
4. WRB. The WRB is established to review wetland related submittal materials, prepare
futnctional 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 enhancenle.nt
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 sand deviations are subject to Chapter 18.66 sand conditional use
Ordinance #1769. January 30, 2010 page 62 -2
permits are subject to Chapter 18.34, in addition to the other rele� aspects of this
title.
B. Developinent Review Committee Procedures Established T imple.me.nt this purpose, certain
procedures shall be adopte to include, but not be limited to, a regularly scheduled weekly of
biweekly meeting attended by representatives of each of the (ity departments charged with
development review. Fach department shall have the ability and authority to requite. 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 Fiagineer 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 dcsigmec and the Building Official or designee. When necessary, other
nwirnbers 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 de:signcc, with other individuals to b e
included as necessary at the Planning Director's request.
2. When applicable, the DRC may solicit the input of non -City agencies and persotns
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 presemcd 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 purp and promote the
efficiency and effectiveness of the design review process.
I. 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
terra 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 r eviews.
Ordinance #1769. ]anuary 30, 2010 page 62 -3
2. In selecting the members, the (.:it) Conirnission shall give preference to residents of the
City of Bozeman. Ilowever, 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. Wherc 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 Rcview 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 frorn 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.
I 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 tile event that
necessary ADR staff is not available, the DRB may act to provide design .review services.
I giver of Desi m Review. In the event that neither the DRB nor the YNDR staff as established
irl this chapter are able to complete a guorurn 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.
l'. Wetlands Review Board Procedures Fstablished 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 cffectivetress 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
Ordinance #1769. January 30, 2010 page 62 -4
regularly scheduled weekly or biwcekly meeting attended by nicnlbers of the BOA. record of
the 1'ev1cws and decisions shall be made. These records shall be pre.sen ed as part of the official
proceedings for each deN proposal. l-astly, the BOA shall generally follow "Robert's
Rules of Order" and may prepare and adopt supplemental procedural rules, upon the approval
of the City Coll that will assure the accoInplishment 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. Nleinbers shall be appointed by the City Commission. A inember may be
removed per Section 76 -2 -322, 1\1(:x\. The concurring vote of four tnetnbers 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. I Iowcver, where a qualified resident is not available to serve, the City
Commission tray 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 Adjustmctlt.
18.62.020 GENERAL PROCEDURES, NOTICE AND TIMING
A Informal \dyicc and Direction Y\ person or organization considering any construction, building
or site altenition, rezoning of 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. i \n informal review by the
DRC and /or DRI3 may be requested by submitting a completed application form provided by
the ]Manning 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 b}' the
WR13 play be requested 17y 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 (.lty Commission, shall be charged for an informal review No
application is required for informal review or advice by the ADR staff.
B. formal Application. Ali 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 subillltted with the application shall includes 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, f \DR or WRB prior to formal submission to help expedite the process.
Depending upon the size of the proposed project, its location and type, the applicant may be
directed to one or more agencies of the City= for processing.
C. Public Notice Public notice for any proposal before the DRC, DRB, ADR or WR13 that
requites 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 WR.B shall take action to
recommend approval, approval with conditions, table pending submission of revised or
Ordinance 17 69. anuary 30, 2010 page 62 -5
additional materials or recommend denial of the applicant's proposal i.uiless the al I licant grants
a written extension to the review period. For proposals subject to Y \DR review, the \DR staff
shall recommend approval, approval with conditions, delay pending submission of rcviscd or
additional materials or elcnial of the applicant's proposal.
BOA Action.. After the applicants' proposal is found sufficient for tc-%-icw, the schedule for IiM
action to approve, approve with conditions, table pending submission of revised or additional
materials, or deny the applicant's proposal shall be established.
Ordinance. #1769. January 30, 2010 page 62 -6
CHAPTER 18.66
APPEALS, DEVIATIONS AND VARIANCE PROCEDURES
18.66.010 PURPOSES
1.
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,
prevel1t special treatment to particular parties and preserve the various rights established
by the Montana and Linited 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 othelwise 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. 'ro 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
Ordinance 1769 Effective January 30, 2010 page 66 -1
b. Authorize in specific cases such Toning variances from the physical standards of
this title, exclusive. of these 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
spitit 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 tide 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 detertnunation made by an administrative official in the enforcement of this
title or of any standards adopted pursuant thereto. Ali 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
1. 'There sliall 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 tine and place. 1 esttnlotny 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 BC)1 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, BI\2C.
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 Planting 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
118.10.070, BMC.
B. Application of Appeal Procedures Y,ppeals from administrative staff to the City Commission or
the courts arc 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.
Ordinance 1769 Effective January 30, 2010 page 66 -2
3. In reviewing an appeal the City Comnllssion shall consider the application as if it were
the original approval.
C. Filing, of Notice of Aplj..al An appeal shall be taken by filing with the Clerk of the (onzmission
a notice of intent to appeal by 5:00 pin on the fourth business day following the final decision of
the. Planning Director, and a documented appeal and appeal fee within seven business day of
the final decision of the Planning Director. Such notice of intent to appeal shall include the
following:
1. ']'lie action of the Planning Director which is the subject of the appeal; and
2. The date of such action.
17. 1-�nneal Contents In all cases, the complete appeal application shall include, and shall not be
decined filed until, all of the materials required by §18.78.140, BNJC is submitted.
1.. Notice of A peal Once a complete appeal has be 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 (late., n ine and l ocation for the public hearing on the appeal before the City Commission
shall be included in the required notice of the appeal.
I'. Scheduling of the Ilcarin 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 day of the agenda item to set the hearing date.
C'. Material The material to be considered by the City Commission shall be the record of the
project review, including the Planning Director decision, in addition to materials that tray 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.
11. 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 b
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 sliall be subject to cross examination except that
members of the City Comtrtission 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 BodBody At the conclusion of the hearing, the City
Commission shall approve, approve with conditions or deny the application.
Ordinance 1769 Fffcctive January 30, 2010 page 66 -3
18.66.040 ADMINISTRATIVE INTERPRETATION APPEALS
A. A request for appeal of au interpretation of t his title, itiCluding classifications of List per Chapter
18.14, BMC, shall be trade by fil an application, with appropriate fees, with the Clerk of the
Commission within 30 calendar days of the interpretation decision. After receiv a comp leted
application the C lerk of the C ommission shall schedule a hearing at a regular Commission
meeting. In all cases, the complete application shall include, sand shall not be deemed filed until,
all of the materials required by 'j118.78.150, 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 Nvith 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, subse of the ordinance shall be construed in It
manner that will give effect to them all as the ordinance derives its meaning from the etntirc body
of text taken together.
D. The concurring vote of four me mbers 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 conse rvation ove rlay 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. T he 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. 1 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
18.36.030.11, and prov ided 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. �lnnlication 1� request for one or more variance(s) shall be made by filing an application, with
appropriate fees, with the Planninng Director at least 30 calendar days prior to the B() 1 hearing
and shall be accompanied by the materials described in 18.79.160, 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 e ach 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 X76- 2- 323,MCA in that the variance:
1. Will not be contrary to annd 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:
Ordinance 1769 Effective January 30, 2010 page 66 -4
a. I lardship does not include difficulties arising; front 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 obsen e 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
tl<:)odproofed as specified in Chapter 18.58, BMC;
(3) 1 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.
Ia. Authorization and Limitations on Al212roval
1. The BOY\ 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 pennitted pursuant to
this title or alter administrative requirements of this title. Permission to change uses
allowed on a parcel may be sought through a zotne snap amendment or an amendment to
the text of the applicable zoning district.
Ordinance 1769 Effective january 30, 2010 page 66 -5
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 vari ances related to .flood hazard requircmci of Chapter
18.58, BMC shall notify the applicant that:
a. The issuance of a variance. to construct a building below the 1l)0 year floc>ciplaian
elevation will result in increased premium rates; and
b. Such construction below the 100 -year flood elevation increases risks to life and
property.
I Effective Time for BOA Decisions Varianccs Void When The decision of the B0,\ 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 auton7atically canceled and become null and void.
1 Variances are subject to X176 -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 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 thc 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 de trimental 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
S p ec ifi c 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, pernnit subdivision for building purposes in areas located within the
floodway of a flood of 100 -yeas frequency as defined in "Title 76, Chapter 5, MCA. Ally variances
related to floodways shall meet the standards of �U 8.66.060.C.4.a, BM("
1). 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. i1tly
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 approv shall
contain a statement describing t variance and conditions upon which the issuance of the
variance is based.
Ordinance 1769 l.:ffectivc January 30, 201 0 page 66 -6
Planned Unit Deyclopment 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. i.imitations on Approyals 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. Z oning Variances yny person or persons, jointly or severally, aggrieved by ally 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 xvith conditions or
denial of a developinent application acted upon by the BOA or City Coniniission 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 ykppeLls A party identified iii subsection C. below who is aggrieved by a decision
of the City Commission to approve, conditionally approve or disapprove a proposed prcliminaii
plat or final subdivision plat, including variances, may, within thirty days after the decision,
appeal to the Fightcciith Judicial District Court, C_rallatin County', State of Montana. The
petition must specify the grounds upon which the appeal is made.
I 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.
Ordinance 1769 Effective Ianuary 30, 2010 page 66 -7
CHAPTER 18.68
TEXT AMENDMENTS
18.68.010 INITIATION OF AMENDMENTS AND CHANGES
A. The Cite 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 Colninission, Ciry Manager, Zoning Commission, Planning Board or upon petitioI from all
owner of property within the City.
B. The City Commission, Planning Board or Zoning Commission may upon a vote of a majority of
its tricmbers 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 ChairmaIl of the ZoniIlg Commission as applicable.
C. WheIlever any person or entity allowed to initiate all ameIldInent desires a chaIlge in regulatioIs,
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 ail owner of property, hearing 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
LJpon initiation of an amendment, the City shall cause to be made an investigation of facts bearing oil
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 X18.02.040, 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.
lmendtncnts which address only subdivision standards will be pleasured 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 ail opportunity to be heard. Notice of such public hearings shall
be provided as requited 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:
Ordinance 1769 Effective January 30, 2010 68 -1
I Y1n), anicndnlent to the text of this title affecting only zoning provisions of this title shall
be heard b� the Zoning ColIimissloll.
2. 1ny anlendnaent to the text of this title affecting only subdivisions shall be heard 137 the
Planning Board. is
3. Any amendment to the text of this title affecting both lolling 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
arnendnlcllt 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 C.onilnlssion.
la. 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 plallnitlg director shall determine which
bodies must hold a public hearing.
F"'. Recommendations to the City Commission and other official actions by both tllc Zoning
C.:o a n d the Plan Board shall be only be official if made b}' 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
p roposed change, such amendm m ay not become effective except upon a favorable vo)tc of two
thirds of the present and voting members of the City Commission.
Ordinance 1769 Effective January 30, 2010 68 -2
CHAPTER 18.70
ZONING MAP AMENDMENTS
18.70.010 INITIATION OF AMENDMENT AND S N CHANGES
A. The City Commission may, from time to tune, amend, supplement or change the zoning district
maps appertaining to this title.. An amendment, supplement or change nnay be initiated by the
City Commission, Zoning C.omn or upon application from an owner of property within
the City.
13. The City Comnnission or Zoning Cotnlnission may upon a vote of a majority of its members
direct the initiation of an amendment to the zoning trap. When either body initiates all
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 oil his /her
property, they may file with the Planning Department an application requesting an atnendmelnt
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 oil property that they
del 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 nnay 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 sliall 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 X76 -02 -304 NICA which are contained in Section 18.02.040.0, 13MC.
Ordinance 1769 Effective January 30, 2010 70 -1
18.70.030 PUBLIC HEARING PROCEDURES AND REQUIREMENTS
A. The City Commission and Zoning Commission shall hold public hearings cell the matters
referred to in such application at which parties of interest and citizens shall have an opportunity
to be heard.
13. The Planning Director shall give public notice as required by Chapter 18.76, 131\4C. The Planning
Director sliall provide to the City Commission and Zoning Commission a report of the staff's
analysis of the application.
C. After such hearijig or hearings, the Zoning C.oniniission will make reports and reco177nic'17dat7ons
on the application to the City Commission.
1]. yftcr the 'Zoning Comtission has forwarded a recommendation on the amendment to the
zoning district map, a public hearing sliall 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 18.70.030.1) 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 Cornlnission intends to adapt 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.
Ordinance 1769 Effective January 30, 2010 70 -2
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 Ill sited 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 thereforc
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. Insure adequate warranty or nnaintennannce, when appropriate, of improvements;
4. Provide for mechanisms to ensure performance of or conformance with conditions of
approval or development requirements; and
5. flccomplish 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 necessar 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.
Ordinance. 1769. Effective January 30, 2010 page 74 -1
2. Protection of Fxistin r itn roveinents. 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 ccnitractors or
suppliers. Such protection of iinprovcmcnts 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 Finginccr 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 enforccil7eilt of this instruction
upon his contractors and their suppliers. The City (:)f Bozeman may require the
developer to post a surety to guarantee repair of damages.
B. I_mirovements to be Dedicated to the Public
1 Plans and E'nginecring 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 a.11c>w. The plans and specifications shall be prepared in
coinpliance 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 ever- 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 rYPical sections for
approval by the City. It shall be understood that the work to be done will not
necessarily be liinited to occurring within the riglit -of -way or park boundaries.
17. '1 "11e. 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
Ordinance 1769. Effective January 30, 2010 page 74 -2
contractors. All plans and specifications related to park all(] public trail
irmproveilictits 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 I3ozcman financially
guaranteeing the installation and performance of the improvements.
d. ,after the final site plan is approved, subject to x\18.74.030.C, BNIC, and prior to
occupancy- of any builduigs, the developer shall either install the required
improvcnnetnts 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
Hlivironnncntal Quality as required by X76 -4 -101 through §76- 4.135, 1\1C_A, and
regulations adopted pursuant thereto, and are subject to the approval of the Cite 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.
I Improvements to be Dedicated to the Public Improvements to be dedicated to the
public, such as water mains, sewer mains, park land and related improvenneints, 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
nnay be appropriate. his -built drawings complying with the City of Bozeman's Design
Standards and Specifications Policy, including timing for submittal of materials, shall bc
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 Imlrovements Improvements, such as but
not limited to, private parks or open space, landscaping, pavitng 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
Ordinance. 1769. Effective January 30, 2010 page 74 -3
prior to the approval of the final plat, issuance of a certificate of occupancy for the
building(s) or site, or other identified benchtnark as may be appropriate. All
improvements required as part of a subdivision must be installed and accepted, or
financially secured in accordance xvith an improvements agreemett, prior to final plat
approval.
3. Improv_enients 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, occup'allcy of
buildings or other utilization of an approved development is allowe before the
improvements are completed and inspected by the City.
a. Reservation The Cite reserves the right to require actual installation of
improvements prior to occcipancy when such improvements are necessary to
provide for health, safety and welfare or adequate function of systems or onsitc
development.
B. Completion Titrte for Subdivisions
I. All subdivision improvements, including parks, shall be constructed and completed as
approved by the City.
a. 11] improvements shall be installed prior to the issuance of a building permit for
any lot within a subdivision unless other \vise 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 \18.74.030.1),
BMC.
b. The subdivide shall meet one of the following requirements for completion of
street improvements. `I "he. 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- rcviov 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
improvonent security for the ultimate development of the streets is
provided. Ilowever, 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. I Iowever, 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
unprovements are completed and accepted b) the City of Bozeman
unless otherwise provided for in development proposals occurring under
the provisions of Chapter 18.36, BMC, Planned Unit Development
(PUD), and pursuant to the criteria established in �18.74.0.30.I), BMC; or
Ordinance 1769. Fa.ffective January 30 2010 page 74
(3) The subdivider may request that street innprovennents 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 connplctcd and accepted by the
City of Bozeman unless otherwise provided for in development
proposals occurring under the provisions of Chapter 18.36, BAIC,
Planned Unit Development (PUD), and pursuant to the criteria
established in §18.74.030.D, BAIC.
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 sidcwalk
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 subje to an approved improvements agreement and financially
guarante.e.d.
b. Upon the thud 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 improvcments have been made upon the lot.
3. Subdivision Light Subdivision lighting as requited in X118.42.150, BNIC shall be
incorporated into all subdivisions. Prior to final plat approval, subdivision lighting shall
be installed or financial]) 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 arc 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 ,.Developxncnt 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:
Ordinance 1769. Effective January 30, 2010 page: 74 -5
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 prof ide water and sewer service to the proposed development without
modification to pUb11C1y 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
casement; 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 ill 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 onslte extensions of water inains, sewer mains or streets to
be dedicated to the public shall be located entirely within publicly held
casements or rights -of -way; shall serve only a single lot; are the subject of
an irrevocablc: 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 laIld is involved;
(2) The DRC shall determine when the standards of this subsection are met.
The Fire. Department Inust consider whether adequate fire protection
services are available from existing hydrants, and water supply exists to
meet needs during coIlstructioIl. If adequate fire protection does not exist
then concurrent infrastructure and buildiIg coIstruction Inay only occur
under the provisions of subsectioI (3) below. Based oll evaluation by Tile
Fire Department, simultaneous Coristructiori 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 ciiginecring 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 offsitc water, sewer and street or drive improvements are installed
and accepted or approved as applicable by the City.
D. 1 When 11luniclpal water distribution aIld municipal saIlitary 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 all improvenents agreement to assure
the installation of required infrastructure aIld other applicable improvements, to be
secured by a financial guarantee in an announ t to be determined by the city, with said
guarantee to be in the name of the City;
Ordinance 1769. Effective January 30, 2010 page 74 -6
3. Approval of the final engineering design, including location and grade, for the
Infrastructure project must be obtained from the Hnginccring Department, and the
Montana Department of Frivironmental Quality when applicable, prior to issuancc 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 fuIIding options;
S. No occupancy of any' structures or comInenceme.nt of any use constructed or proposed
within the boundaries of the PUD will be allowed until required infrastructure
1rTlprovements 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. 1' ie 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.
l.. Notwithstanding the provisions of Section 17 above, the City may limit the scope, type and
number of projects eligible for simultaneous construction consideration.
Ordinance 1769. lffeective January 30, 2010 page 74 -7
PW
18.74.040 SPECIAL PROVISIONS FOR TIMING OF CERTAIN IMPROVEMENTS
Nark, Pathway. and Boulevard Improvements
1. 'These required improvements shall be installed, or subject to an approved improvements
agreement and financi guaranteed, prior to final plat approval or occupancy of a
building subject to de velopment review, excluding sketch plans.
2. Duc to seasonal considerations, building and occupancy permits may bc 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 C enter 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 filial 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 b) 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 C ounty Road Office,
and must be reviewed and approved by the County Road Office. Any bridge
irrrprovcmcnt, 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. Accentancc of Park Water Sewer and Storm Drainagc 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 �8.94.300.3(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 Im rovcmcnts. "T'he DRC and /or ADR or their representative shall conduct an "as-
built" inspection to verify compliance and shall sign off on a certificate of occu pancy, filial plat
or other conclusory action if all terms and details of the approval are complied with. Except as
provided for in X18.74.060 of this chapter, no final plat approval or occupancy shall be
permitted, or certificate of occupancy issued, unless the terms and details of an approve plat,
Ordinance 1769. Effective 1anuary 30, 2010 page 74 -8
site or sketch plan are mct. Prier 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 C
3. at the discretion of the Planning Director, certain projects rccciving a certificate of
appropriateness may be required to enter into an improvements agre.einent 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 incurted 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 sec:urc
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 Ungineer for streets where dictated by circumstances, and where acceptable
improvement security for the ultimate development of the streets is provided. I lowever,
under no circumstances shall the required gravel courses, curbs or gutters be waived.
'Phis 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 �18.74.030.1),
BMC.
C. Standards for hul2rovements agreements
1. all Agree a ll improvements agreements shall meet t he 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 improvetrrents 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;
Ordinance. 1769. Fffective January 30, 2010 page 74
C. 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 inorc than 90 percent of the security is released prier to
complction 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 veri
fi fication that all liens have been
released and payrnctits made prior to releasing a portion of the security;
f. Shall provide for the City to require a replacc:mciat security in the event the issuer
of the sccurity becomes insolvent, enters receivership, or otherwise gives cause
for the (:ity to lack confidence in the ability of the issuer to honor the sccurit>7;
g. Shall permit the City in the event of default by the developer to include in the
costs to be recovered from the sccurity those costs resulting from the need to
call in the security, including but not limited to costs for the City Attorney's tune;
and
11. 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 thc
subdivider proposes for accomplishing the required improven
b. The estimated cost of improvements shall be provided b 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 bonze lay 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 reconnmcndation 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
in1provemcnts;
Ordinance 1769. Effective January 30, 2010 page 74 -10
d. At the Planning Director's discretion, a developer may be pernnittcd to extend
the manner of security, in general for a period not to exceed 1 additional Near.
I"actors such as, but not limited to, progress of installation achieved to date and
phasing of projects may be considered;
C. 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 signnage necessary for
AD A compliance, parking surfaces adequate to meet the needs of the
uses to be conducted during the term of the improvements agreement, or
Innatters 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.
I The Planning Director shall be responsible to sign improvements agreements on belialf of the
City.
1 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
aga-cement 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 compliatnce
with conditions of approval for various developiments may be allowed. One or more of the
Ordinance 1769. Effective January 30, 2010 page 74 -11
following instruments may be used to provide a financial security for improvenncnts to be
completed. The method, te'.rIIns and amount of security must be acceptable to the City. Financial
security is the primary method to provide security for installation of physical improvements.
I Direct payinertt 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 liniitcd circumstances and subject to approval by the City
l \ttornc
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 tnethod.
1. Granting of final permits;
2. Sequential approval of multi- phased projects, with subsequent phases to not recei%
approval until prior approved phases have complied with all requirements;
3. I 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. I-a.stablishment 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
f,. 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
Ordinance 1769. Fffectivc January 30 201() page 74 -12
that was prepared by a qualified landscaping; professional. When landscaping; in
common area~ 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 Dcsignl Standards and warrant agailnst defects in these
improvements for a period of two years from the date of installation of thc. landscaping.
2. 'free permits If trees will be planted in dedicated City parkland or boulevard strips, tree
planting; permits shall be obtained from the Forestry Department.
C. Maintenance When common areas or facilities will be maintained by the subdivider or by a
property owners association, a maintenance plan that complies with 1118.72.040, BMC shall be
submitted with the preliminary plat application for review and approval. The maintenance plan
shall include a malntenalnce Schedule, and a mechanism to assess and enforce the comtxnon
expenses for the common area or facility. The maintenance plan shall be included in the.
subdivision covenants. The developer shall provide all necessary mailitellance ulitil the.
improvements are transferred to a property owners association, or other final custodiall.
Nfitintcnance 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 provisiolls of (18.72.0403, BN4C appl to this section.
1. Landscaping Wairanjh 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 free Maintenancc The Forestry Department shall be responsible for the
mallitenancc of shade trees in all City rights -of -way and on City property, including
parks.
18.74.100 WARRANTY
11] publicly dedicated improvements shall be subject to a warranty of duration and scope to meet tlne
City of Bozeman's Design Standards and Specifications Manual and /or park Design Standards as
applicable..
Ordinance 1769. Effective January 30, 2010 page 74 -13
CHAPTER 18.78
SUBMITTAL MATERIALS AND REQUIREMENTS
18.78.010 GENERAL
All applications and supplemental material, including all copies of plats and site development plans, shall
be bound and folded into complete 8'/2- by 11 -inch or 8' /2- l)y 14 -inch sets ready for distribution. All
plats shall be on one or snore sheets either 18- by 24- inches or 24- by 36- inches in size, and shall be
folded and included in the bound submittal. A digital (PDF) copy of the entire submittal (applications,
supplemental material, plat and plans) shall be provided as requited.
18.78.020 STREAMBED, STREAMBANK AND /OR WETLANDS PERMITS
The developer shall provide. the Planning; Department with a copy of all required stre.ambed, streanibank
or wetlands permits, or written notification from the appropriate agency that a permit is not required,
prior to the commencement of any work on the site and /or final plat approval, whichever is sooner.
These permits include, but arc not limited to:
A. Montana Stream Protection Act SPA 124 Permit Administered by the I Iabitat Protection
llureau, fisheries Division, Montana Fish, Wildlife and Parks
B. Stormwater Discharge General Permit. Administered by the Water Quality Bureau, Montana
Department of Environmental Quality
C. Montana Natural Streambed and Land Preservation Act (310_,- permit) Administered by the
lioard of Supervisors, Gallatin Conservation District
1). Montana Floodnlain and Floodway Management Act (FlondWain Development Permit)
Administered by the City of Bozeinan, Engineering Department
E. federal Clean Water Act (404 Permit) Administered by the U.S. Army Corps of Engineers and
the l_1.S. 1?nvironmental Protection agency
f. federal Rivers and I Iaibors_Act (Section 10 Permit) Administered l)y the L?.S. Army Corps of
l rigineers
(1. Short -term Water Qualit)T Standard for Turbidit (318 Authorization) Adnuiiistered by Montana
Department of Environmental Quality
1 -1, Montana Land -Lase License or Easement on NatTig;able,.Waters Administered bar the Nlontatia
Department of Natural Resources and (;onscrvation
1. Montana Water Use Act ater Right Permit and Change Authorization) Administered l,)y the
Water Rights Bureau, Montana Department of Natural Resources and Conservation
18.78.030 SUBDIVISION PRE APPLICATION PLAN
The pre application plan may be a freehand sketch, legibly drawn, showing approximate boundaries,
dimensions, areas and distances. The plan may be drawn directly, on a print of a topographic survey
required for the preliminary plat and shall include:
1. Sketch I\1an A sketch map showing:
1. The names of adjoining subdivisions and numbers of adjoining certificates of survey,
along with adjacent lot and tract lines.
2. Location, name, width and owner of existing or proposed streets, roads and easements
within the proposed subdivision; existing streets, roads and easements within adjacent
subdivisions and tracts; and the name of street or road that provides access from the
nearest public street or road to the proposed subdivision.
Ordinance 1769 Effective January 30, 2010 page 78 -1
3. location of all existing structures, including b railroads, PoNverlines towers, and
improrvemctlts inside. and Nvithin 100 feet of the proposed subdivision.
4. Zoning classification within the proposed subdivision and adjacent to it. The zoning
proposed for the subdivision, if a change is contemplated.
B. To o ra hic Fcatures. 'Topographic features of the proposed subdivision and adjacent
subdivisions and tracts, including:
I. A current U.S. Ge ological Survey topographic map at the largest scale available with the.
subdivision clearly outlined.
2. Embankments, water courses, drainage channels, areas of seasonal water ponding, areas
within the designated floodway, marsh areas, wetlands, rock outcrops, wooded areas,
noxious weeds and areas of active faults. Include copies of any permits listed in
X18.78.020, BNICC that have been obtained for the project.
C. Utilities. The existing and proposed utilities located on and adjacent to the proposed
subdivision including:
1. location, size and depth of sanitary and storm sewers, water mains and gas lines.
2. location of fire hydrants, electric lines, telephone lines, sewage and water treatment, and
storage facilities.
17. Subdivision I ayout "The proposed layout of the subdivision showing the approximate:
1. Subdivision block, tract, and lot boundary lines, with numbers, dimensions, and areas for
each block tract and lot.
2. Street location, right -of -way width, and name..
3. Easement location, width and purpose.
4. Sites to he dedicated or reserved as park common open space or other public areas, with
boundaries, dimensions and areas.
S. Sites for cornincrclal centers, churches, schools, industrial areas, condominiums,
manufactured housing community and uses other than single- llousellold residences.
F. Develop Plan. An overall development plan indicating future development of the
remainder of the tract, if the tract is to be developed in phases.
F. Name and Location A title block indicating the proposed name, quarter- section, section,
township, range, principal meridian and county of subdivision.
(7. Notations Scale, north arrow, name and addresses of owners and developers, and date of
preparation.
11. Variances A list of variance requests which will be submitted with the application for
preliminary plat application.
1. Waivers List of waivers requested from the requirements of §18.78.060, BMC shall be
submitted with the preapplication. T DRC shall be responsible for granting waivers, and the
Planning Department staff shall notify the developer in writing of any waivers granted from
X118.78.060, BMC after the preapplication meeting or plan review.
Parks and Recreation Facilities. The following information shall be provided for all land
proposed to meet parkland dedication requirements:
1. Park concept plan, including:
a. Site plan for the entire property;
b. The zoning and ownership for adjacent properties;
Ordinance 1769 h.ffective January 30, 20 10 page 78 -2
C. The location of any critical lands (wetlands, riparian areas, streams, c�tc.);
d. General description of land including size, terrain, details of location and history,
and proposed activities; and
e. Description of trails or other recreational features proposed to connect the
proposed park area to other park or open space areas.
K. Digital (PI)) copy of entire submittal,
1 Affordable I lousing Describe how the subdivision proposes to satisfy the requirements of Title.
17 Chapter 2, BMC.
18.78.040 SUBDIVISION PRELIMINARY PLAT
The preliminary plat shall be legibly drawn at a horizontal scale no smaller than 100 feet to the inch, and
may show approximate boundaries, dimensions, distances and areas, unless specifically noted. The plat
shall be on one or more sheets of 18- by 24 -inch or 24- by 36 -inch paper. Where accurate information
is required, surveying; and engineering data shall be prepared under the supervision of a registered
enginee or registered land surveyor, licensed in the State of NIontana, as their respective licensing laws
allow. The plat submittal shall include the following:
A. Pre- al2l)lication Information .111 information required with the pre application plan, as outlined
in §18.78.030, BNIG
13. Subdivision I Name and location of the subdivi scale, scale bar, north arrow,
date of preparation, lots and blocks (de signated by number the dimensions and area of each lot,
and the use of each lot, if other than for single household.
C. Streets, Roads and Grades \I1 streets, roads, alleys, avenues, highways and easements; the width
of the right way, grades and curvature of each; existing and proposed road and street names';
and proposed location of intersections for any subdivision requiring access to arterial or
collector streets.
D. Adjoining Subdivisions. The names of adjoining platted subdivisions and numbers of adjoining
certificates of survey.
E. Adjoining Owners Names and addresses of record owners of lots and tracts immediately
adjoining the proposed subdivision.
1'. Perimeter Survey An approximate survey of the exterior boundaries of the platted tract with
bearings, distances, and curve data indicated outside of the boundary lines. When the plat is
bounded by an irregular shoreline or a body of water, the bearings and distances of a closing
meander traverse shall be given.
G. Section Corner The approximate location of all section corners or legal subdivision corners of
sections p ertinent to the subdivision boundary.
11. Phased Imp ove.ments If the improvements required are to be. completed in phases after the
final plat is filed, the approximate area of each phase shall be shown on the plat.
I. Contours Ground contours shall be provided for the tract according to the following
requirements:
Table 78 -1
Where the average slope is: Contour intervals shall be:
Lander 10 1. erccnt 2 feet if all lots are over one acre in size, five feet intervals may be used
Between 10 and 15 percent 5 feet
Greater than 15 )crccnt 10 feet
Ordinance 1769 Effective January 30, 2010 page 78 -3
J. Waivers List of waivers granted from the requirements of §18.78.070, IV\IC during the
pre.applicat.ion process shall be sohnnittcd with the preliminary plat application.
K. Request for 1?xenn ption fiorn lie )artmcnt of Environmental )ualit Review. If the developer is
proposing to request all exemption from the Department of l.'nvironmental Quality for
infrastructure plan and specification review, the preliminary plat application shall include a
written request from the developer's professional engineer, licensed in the State of 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
prclitninaty storm drainage plan must a h e submitted with the wri tten request
18.78.050 PRELIMINARY PLAT SUPPLEMENTS REQUIRED FOR ALL SUBDIVISIONS
The following supplcinenta] information shall be submitted with the preliminary plat.
A, AreaMap r1 map showing; all adjacent sections of land, subdivision, certificates of survey,
streets and roads.
B. Subdivision Man Map of entire subdivision on an 8' /Z" x 11 8'/ x 14 or 11 x 17" sheet.
C. Variances A written statement describing any requested subdivision variance(s) and the facts of
hardship upon which the request is based (refer to Chapter 18.66, BM(
l). Property Owners Y� certified list of adjoining property owners, their mailing; addresses and
property description, including property owners across public rights -of -way and /or easements.
The names and addresses shall also be provided on self- adliesive. hailing labels, one set of labels
for first minor subdivisions or subdivisions eligible for suninnary review, and three sets of labels
for all other subdivisions.
1 Documents and Certificates Draft copy of the following documents, and certificates to be
printed on or to accompany the preliminary plat:
1. Covenants, restrictions and articles of incorporation for the property owners association..
2. Encroachment permits or a letter indicating; intention to issue a permit where new
streets, casements, rights -o£ -way or driveways intersect state, county or city highways,
streets or roads.
3. A latter of approval or preliminary approval from the City of Bozeman where a zoning
change is necessary.
4. .1 draft of such other appropriate certificates.
5. Provision for maintenance of all streets (including emergency access), parks, and other
required improvements if not dedicated to the public, or if private.
1;. Street Profile Sheets Profile sheets for street grades greater than 5 percent.
G. Application and Tee Completed prehininary plat application forth, with the original signatures
of all owners of record or their authorized representatives, and the required review fee. If an
authorized representative signs on behalf of an owner of record, a copy of the authorization
shall be provided.
I1. Noxious Weed Management and Revegetation Plan Noxious weeds shall be controlled in all
developments as directed by the County Weed Control District (district) in accordance with the
Montana County Noxious Weed Control Act (57- 22 -21, MCA). The developer shall have any
noxious weeds identified and their location mapped by a person with experience in weed
management and knowledgeable in weed identification. A noxious weed management and
revegetation plan approved by the district for control of noxious weeds shall be subtrlitted with
the preliminary plat application. ']'his plan shall ensure the control of noxious weeds upon
Ordinance 1769 Effective January 30, 2010 page 78 -4
preliminary plat app roval and the revegetation of any la disturbed during the construction of
Sllbdlvislon ltllpl'ove171e11TS.
1. Sanitation Information When the su bd ivision does not qualify for the certification established in
18.06.050, BNIC, the subdi\ridcr shall provide the inform ation regarding sanitation set forth in
76 -3 -622, MCA.
18.78.060 ADDITIONAL SUBDIVISION PRELIMINARY PLAT SUPPLEMENTS
The following list of preliminary plat application supplements shall also be provided for all subdivisions
unless waived by the Development Review C ommittee during the pre- application process. "IThe.
developer shall include documentation of any waivers granted by the City after the pre- application
meeting or plan rcvicw.
Additional relevant and reasonable information may be required to adequately assess whether the
proposed subdivision complies with this title and the Montana Subdivision and Platting .het. The need
for additional information shall be determined during the pre application process.
Surface Water
1. Maw Locate on a plat overlay or sketch map all surface waters and the delineated
floodplain which may affect or be affected by the proposed subdivision including:
a. Natural water systems such as natural streams, creeks, stream/ ditches, drainages,
waterways, gullies, ravines or washes in which water flows either continuously or
intermittently and has a definite channel, bed and banks.
b. Artificial water systems such as canals, ditches, ditch /streams, aqueducts,
reservoirs, irrigation or drainage systems.
2. Description Describe all surface waters which tnay affect or be affected by the
proposed subdivision including name, approximate size, present use and time of year
when water is present.
a. Describe proximity of proposed construction (such as buildings, sewer systems,
streets) to surface. waters.
3, Water Body Alteration. Describe any existing or proposed strcarnbank or shoreline
alterations or any proposed construction or modification of lake beds, watercourses or
irrigation ditches. Provide information on location, extent, type and purpose of
alteration. Provide a revised floodplain analysis report, in compliance Nvith Chapter
18.58, BN4C, as appropriate.
4. Wetlands If the subdivision contains wetlands, as defined in Chapter 18.80 of this title,
then a delineation of the wetland(s) shall be shown oil the preliminary and final plats.
5. Permits Include copies of any permits listed in §18.78.020, BMC that have been
obtained for the project.
13. Floodplains floodplain analysis report shall be submitted with the preliminary plat in
compliance with Chapter 18.58 of this title.
C. Groundwater
1. De th. F stablish the seasonal minimum and maximum depth to the water table, dates
on which these depths were determined, and the location and depth of all known
aquifers which may be affected by the proposed subdivision. The high water table shall
be determined from tests taken during the period of major concern as specified in
writing by the County Environmental Health Department. Specific locations for test
holes may also be determined by the County Enironmental Health Department.
Ordinance 1769 1_.ffectivc_1anuary 30, 2010 page 78 -5
2. Ste1,)s to avoid Degradation Describe any steps necessary to avoid the degradation of
groundwater and groundwater recharge areas.
D. (Neology Soils Slopes
1. Geologic I lazards Identify geologic hazards affecting the proposed subdivision which
could result in property damage or personal injury due to rock falls or slides; landslides,
mud or snore; surface subsidence (i.e., Settling or sinking); or seismic activity.
2. Protective Measures 1?xplain what measures will be taken to prevent or materially lessen
the danger of future property damage or injury due to any of the hazards referred to
above..
3. Unusual Features provide a statement describing any unusual soil, topographic or
geologic conditions on the property which limit the capability for building or excavation
using ordinary and reasonable construction techniques. The statement should address
conditions such as shallow bedrock, high water table, unstable or expansive soil
conditions, and slope.. On a map, identify any slopes in excess of 15 percent grade.
4. Soils Mal) The. subdivision shall be overlaid on the Gallatin County Soil Survcy maps
obtained from the Natural Resource and Conservation Service (NRCS). The maps are
1:24,000 in scale. "These snaps may be copied without permission. However,
enlargement of these snaps could cause misunderstanding of the detail of mapping. Soils
were mapped using a minimum delineation of five acres, and these soils reports were
intended to alert developers to possible problems and the need for a more detailed on-
site investigation. The developer shall provide the following soil reports, which can be
obtained from the NRCS:
a. The physical properties and engineering; indexes for each soil type;
b. Soil limitations for building and site development, and water features for each
soil type;
C. Hydric soils report for each soil type. If hydric soils are present, the developer
shall provide a wetlands investigation by a certified consultant, using the Federal
Manual for ldentifying and Delineating _jurisdictional Wetlands (Januar 1987);
and
d. The developer shall provide any special design methods planned to overcome the
above limitations.
5. Cuts and Fills Describe the location and amount of any cut or fill three or more feet in
depth. These cuts and fills should be indicated on a plat overlay or sketch map. Where
cuts or fills are necessary, describe any plans to prevent erosion and to promote
revegetation such as replacement of topsoil and grading.
E. Vegetation
1. Vegetation Mal) On a plat overlay or sketch rnap:
a. indicate the distribution of the major vegetation types such as marsh, grassland,
shrub, coniferous fewest, deciduous forest or mixed forest.
b. Identify critical plant communities such as stream bank or shoreline vegetation;
vegetation on steep, unstable slopes; and vegetation on soils highly susceptible to
wind or water erosion.
2. protective Measures Describe measures to preserve trees and critical plant communities
(e.g., design and location of streets, lots and open spaces).
Ordinance 1769 Effective January 30, 2010 page 78 -6
1'. Wildlife
1. Sp ecies. Describe species of fish and wildlife which use the area affected b�� the
proposed subdivision.
2. Critical Areas Identify on a plat overlay or sketch snap of the proposed subdivision an
known critical, significant or "key" wildlife areas, such as big game winter range,
waterfowl nesting areas, habitat for ra or endangered species or wetl
3. Pe.tsJ1lumanActivity Describe the expected effects of pets and human activity on
wildlife.
4. Public. Access Describe the effects on public access to public lands, trails, hunting or
fishing areas.
5. Protective. Measures Describe any proposed measures to protect or enhance wildlife:
habitat or to n unlrnizc degradation (e.g., keep building and streets back from
shorelines, setting aside marshland as undcve-loped open space).
6. The developer shall discuss the impact of the proposed development on fish and wildlife
with the Montana Department of Nish, Wildlife and Parks (FWP). With the preliminary
plat, the developer shall provide written documentation f orn I Wl' that:
a. Verifies that I'-WP has reviewed the proposed plat;
b. lists any I WP recommendations; and
C. Outlines any mitigation planned to overcome any adverse impacts.
G. 1-fistorical I eatures.
1. Affected Areas Describe and locate on a plat overlay or sketch map any known or
possible historic, paleontological, archeological, or cultural sites, structures, or objects
which naay be affected by the proposed subdivision.
2. Protective Measures Describe any plans to protect such sites or properties.
3. Describe procedures to be followed if any historic, paleontological, archeological,
cultural sites, structures or object are found on site during site preparation and
construction.
4. The developer shall discuss the impact of the proposed development on any historic
features, and the need for inventory, stud and /or preservation with the State Historic
Preservation Office (SIIPO). The developer shall provide written documentation from
SHPO that:
a. Verifies that SI IPO has reviewed the proposed plat;
b. Lists any SI1P0 recommendations;
C. Outlines any plans for inventory, study, and or preservation; and
d. Describes any mitigation planned to overcome any adverse impacts.
5. Information on historical sites shall be prepared by a qualified professional, including
persons with a professional or educational background in history, architectural history,
archeology art history, historic preservation, anthropology and cultural resource
management.
II. Agriculture
1. Number of acres in production and type of production.
2. Agricultural operations in the vicinity, and other uses of land in the general vicinity.
3. The productivity of the land.
Ordinance 1769 Effect' e J anuary 30, 2010 page 78 -7
4. Whether or not the property is part of a viable farm unit, and whether the property was
under production during; the. last regular season.
5. What measures will be taken, if any, to control family pets.
6. Fencing of A rricultural Land. Describe any existing fence lines around the subdivision
boundary which protect agricultural lands under an ownership other than of the
developer, and describe any measure which will be taken to ensure that the owners of
the subdivision will share with the owner of the agricultural lands in the continued
maintenance of the fence.
I. Agricultural Water User facilities.
1. Type, description, ownership and users of facilities.
2. Written documentation de monstrating active use of facilities. If a facility is not being
actively used, include a written plan for abandonment.
3. Describe any proposed realigninent(s). All realignments must comply with all relevant
requirements of state law.
Water and Sewer Provide an engineering design report and /or other docuIIlentati
demonstrating that adequate water distribution systems and capacity, and sewage collection and
disposal systems and capacity exists to serve the proposed subdivision.
Ii. Stormwater Management A stormwater management plan shall be subirritted with the.
preliminary plat. A system shall be designed to remove solids, silt, oils, grease and other
pollutants from the runoff frorn the private and public streets and all lots, including;
1. The plan shall depict the re tention /detention basin locations, and locate and provide
easements for adequate drainage ways within the subdivision to tr ansport runoff to the
stormwater receiving channel. Siormwater receiv channels shall be clearly identified
for all ponds.
2. The plan shall include: sufficient site grading and elevation information (particularly for
the basin sites, drainage ways and lot finished grades), typical sto rinwatcr
retention /detention basin and discharge structure details, basin sizing calculations, and a
stormwater maintenance plan.
3. Any necessary stormwater easements.
L. Streets, Roads and Allevs
1. De scription Describe any proposed new public or private streets, roads or alley, or
substantial improvements of existing public or private streets, roads or alleys. The
developer shall demonstrate that the land to be subdivided has access onto a legal street.
2. Access to Arterial Discuss whether any of the individual lots or tracts have access
directly to arterial streets or roads, and if so, the reason access was not provided by
means of a street within the subdivision and how the access complies with �U8.44.090,
BMC
3. Modification of Existing Streets, Roads or Alleys Explain any proposed closure or
modification of existing streets, roads or alleys.
4. Dust Describe provisions considered for dust control on alleys.
5. Pollution and Erosion Explain how street, road and alley maintenance will be provided
to meet the Department of Environmental Quality guidelines for prevention of water
pollution and erosion.
Ordinance 1769 Effective. January 30, 2010 page 75 -8
6. "Traffic. Generation Discuss how much daily traffic will be generated on existing local
and neighborhood streets, roads and alleys, when the subdivision is fully developed, and
provide the following information.
a. The report format shall be as fellows:
(1) "Trip generation, using the Institute of Transportation Pnginccrs 'Trip
Generation Manual;
(2) Trip distribution;
(3) 'Traffic assignment;
(4) Capacity analysis;
(5) Evaluation; and
(6) Recommended access plan, including access points, modifications and
anv niitigati<.on techniques.
b. The report shall include the following information:
(1) land use and trip generation in the form of a table of each type of land
use, the number of units or square footage, as appropriate., the trip rates
used (daily and peak) and resulting trip generation.
(2) Traffic: graphics, which show:
(a) AM peak hour site traffic;
(b) PM peak hour site traffic;
(c) AM peak hour total traffic;
(d) PM peak hour total traffic;
(e) Total daily traffic (with site generated traffic shown separately).
(3) AM and PM capacity analysis with an AM and PM peak hour capacity
analysis provided for:
(a) All major drive accesses that intersect collector or arterial streets
or roads; and
(b) All arterial- arterial, collector- collector and arterial collector
intersections within one pule of the site, or as requited by the
City Engineer during the pre- application review, concept plan
review, or informal project review.
7. Ca )aci Indicate the levels of service (before and after development) of existing and
proposed streets and roads, including appropriate intersections, to safely handle any
increased traffic. Describe any anticipated increased maintenance that will be necessary
due to increased traffic and who will pay the cost of maintenance.
S. Bicycle and Pedestrian Pathways,_ Lanes and Routes Describe bicycle and pedestrian
pathways, lanes or routes to be developed with the development.
9. 'Traffic Calming Detailed drawings of any proposed traffic calming installations,
including locations and turning radius templates.
M. Utilities The developer shall submit a copy of the subdivision plat to all relevant utility
companies. With the preliminary plat, the developer sliall provide written documentation of the
following:
1. Affected Utilities Indicate which affected utilities the subdivision plat has been
submitted to for review, and include a copy of responses.
Ordinance 1769 liffectivc January 30, 2010 page 78 -9
2. Include a Description of
a. The method of furnishing electric, natlii al gas, cable TV, interne.t or tele.phoIle
sel\ where provided.
l). 1?stimated timing of each utility installation.
C. The developer shall provide: a written statement: from the utility companies that
the proposed subdivision can be provided with service.
N. Fducational Facilities With the preliminary plat, provide a written statement from the
administrator of the appropriate school system indicating whether the increased enrollment can
be accommodated by the present personnel and facilities and by the existing school bus system.
0. Land Use
1. Indicate the proposed use(s) and number of lots or spaces in each:
a. Residential area, single- household;
b. Residential area, multiple-household. Types of multiple- household structures
and numbers of each (e.g., duplex, four- ple:x);
C. Planned unit development (number of units);
d. Condonlimurn (number of units);
e. NI Ianufacturcd housing community (number of units);
f. Recreational vehicic park;
g.
C onllnercial or industrial; and
h. Other (please. describe).
1 Parks and Recreation Facilities. The following information shall be provided for all land used to
meet parkland dedication requirements:
1. Park plan, including:
a. Site plan for the entire property; showing developer installed improvements on
the initial park plan and proposed future improvements on the future park plan;
b. Drainage. areas;
C. Utilities in and adjacent to the property;
d. The zoning and ownership for adjacent properties;
C. The location of any critical lands (wetlands, riparian areas, streams, etc.) and
location of watercourse setbacks;
f. Park landscaping plan, prepared by a qualified landscape professional in
accordance. with 18.78.100, showing the location and specific types and species
of plants, shrubs, trees as well as grass seed mixes;
g. General description of land, including size., terrain, details of location and history,
and proposed activities;
11. 'frail design and construction showing compliance with adopted City standards
and trail classifications;
i. The requirement for approval of the final park plan by the City ColTin ission with
a recommendation from the Bozeman Recreation and Parks Advisory Board
prior to any site work;
j. The requirement for a preconstruction meeting prior to any site work;
Ordinance 1769 Effective ]anuary 30, 2010 page 78 -10
j. Appropriate sections from the "Design Guidelines for Oly of Bozeman
Parks
k. Cost estimate and installation responsibility for all improvements;
1. If playground equipment will be provided, information including; the
manufacturer, installation data and specifications, installer, type of fall zone
surfacing and age group intended for use shall be provided; and
111. oils inforIIlatioI] and analysis.
2. Park Maintenance
a. Maintenance inforI11atioI1, including levels of maintenance, a maintenance
schedule, and responsible parties;
b. Weed control plan, including; responsible parties; and
C. Plan for garbage collcction, snow removal and leaf removal including responsible.
parties.
3. Irrigation Information
a. An irrigation system map generally showing the locations and types of lines,
including depth, water source, heads, electric valves, quick couplers, drains and
control box; and
b. If a well will be used for irrigation, a certified well log shall be submitted showing
depth of well, gpm, pump type and size, voltage, water rights, etc.
4. Phi If ilnprovenlents will be phased, a phasing plan shall be provided including
proposed financing methods and responsibilities.
Q. Neighborhood Center Plan A neighborhood center plan shall be prepared and submitted for all
subdivisions containing a neighborhood center.
R. lighting Plan 'Fhc following subdivision lighting information shall be submitted for all new
subdivisions:
1. For subdivision applications where lighting is required or proposed, lighting plans shall
be submitted to the City for re \Tiew and approval, and shall include:
a. Isofootcandle plots for individual fixture installations, and 10 foot by 10 foot
illutninance -grid plots for multi- fixture installations, which demonstrate
compliance with the intensity and uniformity requirements as set forth in this
ordinance.
C. Description of the proposed equipment, including fixture manufacturer's
cutshee.ts, photome.trics, glare reduction devices, lamps, on /off control devices,
mounting heights, pole foundation details and mounting methods.
d. The lighting plan shall be prepared, and certified for compliance with the City's
design requirements and illumination standards, by a qualified lighting
professional. Qualified lighting professionals include electrical engineers,
architects, lighting designers and manufacturers representatives.
C. Lighting calculations shall include only the illuminated areas; areas occupied by
buildings or other non- lighted areas shall be excluded from calculations.
2. When requested by the City of Bozeman, the applicant shall also submit a visual- impact
plan that demonstrates appropriate steps have been taken to mitigate on -site: and off -site
glare and to retain the City's character.
Ordinance 1769 Effective January 30, 2010 page 78 -11
3. Post approval alterations to lighting plans or intended substitutions for approved lighting
shall only be nnadc after City of Bozeman review and approval.
S. Miscellaneous
1. Public Lands Describe how the subdivision will affect access to any public lands.
Where public lands arc adjacent to or within 200 feet of the proposed developinctit,
describe present and anticipated uses for those lands (e.g., open space, recreation, etc.),
and how public access will be preseived /enlianced.
2. Hazards Describe any health or safety hazards on or near the subdivision, such as
mining activity or potential subsidence, high pressure gas lines, dilapidated structures or
high voltage power lines. Any such conditions should be accurately described and their
origin and location identified. List any provisions that will be made to mitigate these.
hazards. Also describe any on-site or off -site land uses creating a nuis-aricc.
"1 Mfordable I lousing. Describe how the subdivision will satisfy the requirements of 'Title 17
Chapter 2, BMC;. The description shall be of adequate detail to clearly identify those lots
designated as subject to 'Title 17, Chapter 2, BMC compliance requirements and to make the
obligations placed on the affected lots readily understandable.
1. On all lots intended to be used to satisfy the requirements of Chapter 17.02, BMC the
allowable building cm -clops shall be depicted.
18.78.070 FINAL PLAT
1 final subdivision plat may not be approved by the City Commission unless all certificates, with the
exception of tile. Director of Public Service and the County Clerk and Recorder, have been complied
with, signed and notarized and all subdivision regulations and conditions of preliminary plat approval
have been met. A final subdivision plat may not be filed with the County Clerk and Recorder unless all
certificates, with the exception of the County Clerk and Recorder, have been compiled with, sighed and
notarized. :'his shall include the Certification by the County Treasurer that no real property taxes and
special assessments assessed and levied oil the land to be subdivided arc delinquent.
A. A final subdivision plat may not be approved by the City Commission or filed by the County
Clerk and Recorder unless it complies with the uniform standards for final subdivision plats
(§8.94.3003, ARNI).
13. A letter from the City Engineer shall be submitted to the Planning Dcpartment with the final
plat application, where applicable, certifying that the following documents have been received:
1. As -built drawings, i.e.., copies of final plans, profiles, grades and specifications for public
improvements, including a complete grading and drainage. plan.
2. Co of the state highway access or encroachment permit where a street created b the.
Copy 1 S
plat will intersect with a state highway.
C. Noxious Weed MOU Prior to final plat approval, a memorandum of understanding shall be
entered into by the Weed Control District and the developer. The memorandum of
understanding shall be signed by the district and the developer prior to final plat approval, and a
copy of the signed document shall be submitted to the Planning Department with the
application for final plat approval.
D. Final Park Plan For all land used to meet parkland dedication requirements, a final park plan
shall be subnnittcd to the City of Bozeman for review and approval prior to final plat. The
installation of any park improvements to meet minimum development standards or conditions
of approval shall comply with Chapter 18.74, BMC. The final park plan shall be reviewed and
approved by the City Commission, with a recommendation from the Bozeman Recreation and
Ordinance 1769 I3ffective January 30, 2010 page 78 -12
Parks ldvisory Board. The final park plan shall include all of the information listed ill
��18.78.060.I) of this chapter.
1:. Irrigation System iys l3uilts The developer shall provide: irrigation system as- huilts, for all
irrigation installed in public rights -of -way and /or land used to nncet parkland dedication
requirements, once the irrigation system is installed. The as- bunts shall include the exact
locations and type of lines, including accurate depth, water source, heads, electric valves, quick
couplers, drains and control box.
1'. ,lffordable llousine The developer shall provide a description of how the subdivision has
complied with 'Title 17 Chapter 2, BMC. The description shall be of adequate detail to clearly
identify those lots designated as subject to 'Title 17, Chapter 2, I3MC compliance req uirements
and to make the o b ligations placed on the affected lots readily understandable..
18.78.080 SITE PLAN SUBMITTAL REQUIREMENTS
Applications for all site plan approvals shall be submitted to the Planning; Department on forms
provided by the Planning Director. '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. GeneralInforrnation
1. Complete, signed application including the following:
a. Name of project /development;
b. location of project /development by street address and legal descriptioni;
C, Name and mailing address of developer and owner;
d. Name and mailing address of engineer /architect, landscape architect and /or
Planner;
C. l .fisting 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 18.76,13MC;
4. For all developments, excluding sketch and reuse /further dev elopment, a construction
route reap 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( in gross acres and square. feet;
Ordinance 1769 l- affective January 30, 2010 page 78 -13
b. L:stitnated total floor area and estimated ratio of floor area to lot size. (floor area
ratio, 1�"\R), with a breakdown by land use; and
C. location, percent'agc of parcel(s) and total site, and square footage for the
following:
i r
vanl,
(1) Fxisting 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;
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 boundail
exclusive of public rights -of -way, unless otheiwise stated:
a. 'Topographic contours at a minimum intCi'val 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;
C. "Traffic flow on -site;
f. 'Traffic flow off -site;
g. Utilities and utility rights -of -way or easements:
(1) E'lcctric;
(2) Natural gas;
(3) Telephone, cable 'I'V, 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 I ederal Insurance Rate Map or that ma)
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 qualiq 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);
Ordinance 1769 Effective J anuary 30, 2010 page 78 -14
(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 sectioIl, the City of Bozeman Design
Standards and Specifications policy, and the City of Bozeman Modifications to
Montana Public Works Standard Specifications;
1. Provision for handicapped accessibility, including but not limited to, wheelchair
ramps, parking spaces, handrails and curb cuts, including construction details and
the applicant's certification of ADA compliance;
In. fences and walls, including Typical details;
Ii. Fxterior signs;
o. 1?'xtcrior 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 \18.78.060.8, RNIC, if not
previously provided;
q. Curb, asphalt section and drive approach construction details;
1 Landscaping (detailed plan showing plantings, equipment, and other appropriate
infc>rnnation as required in 18,78.100, BMC);
S. Unique natural features, significant wildlife areas and vegetative cover, including
existing trees anti shrubs having a diameter greater than 2.5 inches, 1>y species;
t. Snow storage areas;
U. Location of City limit boundaries, and boundaries of Gallatin County's Bozeman
Arca Zoning jurisdiction, within or near the development;
V. Existing zoning within 200 feet of the site;
W, I Iistoric, 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,
nurnbcr 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. Tlie provision of such information was waived in writing by the City L:ngineer
during subdivision review of the land to be developed; or
Ordinance 1769 Effective January 30, 2010 page 78 -15
C. The provision of such inforIllation is waived in writing by the C,ih' 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 Conscrvation Overlay
District. In such cases, the City may require the property owner to sign a Waiver
of Right to Protcst Creation of a Special Improvement District, or other form of
agrecnicm, assuring participation, on a fair share, pro -rata basis, in future
inlprovenlents to iIltersections iIl the viCiility of the development proposal; or
C. 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
replaced with a larger building or complex of buildings, the City F may
require the information described in Section 18.78.060 1.. to evaluate the
additional traffic impacts resulting from development of the larger building or
complex of buildings.
10. Building design information (ern- site):
a. Building heights and elevations of all exterior walls of the building(s) or
structure(s);
b. I Ieight 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 tcmporan model homes, sales
offices and /or construction facilities, including temporary sighs and parking facilities;
13. Unless already provided through a previous subdivision review, a noxious weed control
plan complying with 118.78.050, 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 118.50.020.11, 13MC, 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 118.78.060.1
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 obligatioIls placed on the affected lots and dwellings readily
understandable.
17. Phased site plans:
Ordinance 1769 Effective january 30, 2010 page. 78 -16
I
A phasing plan showing the location of phase boundaries and that each phase will be
full)' functional if sulnscquent phases are not completed.
b. ,1 utilities plan Showing that each phase will be able: to be fully functional if subsequent
phases are not complete
C. revegetation and grading plan showing how disturbed areas will be re\ to
control weeds and site grading and drainage control will be maintained as phased
constri.ictK)n 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 commitment may be provided at
the time the building pe.rnnits for the multiple phases are sought.
18.78.090 CERTIFICATES OF APPROPRIATENESS ADDITIONAL APPLICATION
REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA
1. Submittal Requirements for Certificates of r p1nrolnriateness All development proposals
requiring certificates of appropriateness (i.e. located in a neighborhood conservation or entry -way
corridor overlay districts) shall submit the following information in addition to any sketch plan.,
site plan or special development submittal requirements for the proposal:
I. Neighborhood Conservation Overlay District Certain information shall be provided to
the appropriate review authority to review prior to granting or denying a certificate of
appropriateness. The extent of documentation to be submitted on any project shall be
dictated by the scope of the planned alteration and the information reasonably lacecssary
for the appropriate review authority to make its determination. 1t a mininnum, the
following items shall be included in the submission:
I
Completed application on form provided by the Planning Department;
b. One current picture of each elevation of each structure planned to be altered and
such additional pictures of the specific elements of the structure or property to
be altered that will clearly express the nature and extent of change planned.
Except when otherwise recommended, no more than eight pictures should be
submitted and all pictures shall be mounted on letter -size sheets and clearly
annotated with the property address, elevation direction (N, S, E, W) and
relev iIIformatioII;
C. Sketch plan or site plan information, as per §18.34.050 or §18.34.060, BM(
d. Ilistorical information, including available data such as pictures, plans,
authenticated verbal records and similar research documentation that may be
relevant to the planned alteration;
e. Materials and color schemes to be used;
f. Plans, sketches, pictures, specifications and other data that will clearly express the
applicant's proposed alterations;
g. A schedule of planned actions that will lead to the completed alterations;
h. Such other information as may be suggested by the Planning Department;
i. It is further suggested that the applicant seek comments from the neighborhood
or area; and
Ordinance 1769 Effective. January 30, 2010 page 78 -17
J- Description of anj applicant requested deviation(s) and a narrative explanation
as to how the requested dcviation(s) will encourage restoration and rehabilitation
activity that will contribute to the overall historic character of the community.
2. E, rit47wat 0ve.rla3T District
a. Depending on the complexity of developrnerlt, either sketch plans or site plans
will be required as specified in this chapter.
b. If the proposal includes an appl ication for a deviation as outlined in j�18.66.050,
11NIC, the application for deviation shall be accompanied by Written and grapple
material sufficient to illustrate the conditions that the modified standards will
produce, so as to enable the City (,ommission to make the determination that the
deviation will produce an environment, landscape quality and character superior
to that produced 1)y the existing standards, and will be consistent with the intent
and p urpose of Chapter 18.30, BMC.
18.78.100 SUBMITTAL REQUIREMENTS FOR LANDSCAPE PLANS
A These landscape re gulations apply to a lot or site subject to plan review and approval outlined in
Chapter 18.34, BMC, a separate landscape plan shall be submitted as part of the site plan
application unless the required landscape information can be included in a clear and uncluttered
manner on a site plan with a scale. where 1 inch equals 20 feet.
B. Landscape flan format The landscape plan submittal shall include:
1. Suggested scale of 1 inch equals 20 feet but not less than 1 inch equals 100 fcct; and
2. Standard drawing sheet of a size not to exceed 24- by 36- inches. 1 plan which cannot
be drawn entirely on a 24- by 36 -inch sheet must be drawn on two or more sheets, with
match lines.
C. 1 of Landscape Plan Landscape plans shall be prepared and certified by:
1. A registered Montana landscape architect;
2. An individual with a degree in landscape design and two years of professional design
experience. in Montana; or
3. \n individual with a degree in a related field (such as horticulture, botany plant science,
etc.) and at least fiere years of professional landscape design experience, of which two
years have been in Montana.
D.
Contents 4... Landscape Plan 1 landscape plan required pursuant. to this title shall contain the
following information:
1. Datc, scale, north arrow, and the names, addresses, and telephone numbers of both the
property owner and the person preparing the plan;
2. Location of existing boundary lines and dimensions of the lot;
3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the
location of any 100 -year floodplain; the approximate location of significant drainage
features; and the location and size of existing and proposed streets and alleys, utility
easements, utility lines, driveways and sidewalks on the lot and /or adjacent to the lot.
4. Project narrlc, street address, and lot and block description;
5. location, height and material of proposed screening and fencing (with berms to be
delineated by one foot contours);
6. locations and dimensions of proposed landscape buffer strips, including watercourse
buffer strips;
Ordinance 1769 Effective January 30, 2010 page 78 -18
7. Complete landscape legend providing a description of plant materials shown on the plan,
including typical symbols, names (common and botanical name), locations, quantities,
container or caliper sizes at installation, heights, spread and spacing. The location and
type of all existing trees on the lot ovcr 6 inches in caliper must be specifically indicated;
8. Complete illustration of landscaping and screening to be provided in or near off street
parking and loading areas, including information as to the amount (in square feet) of
landscape area to be provided internal to parking areas and the number and location of
required off street parking and loading spaces;
9. An indication of how existing healthy trees (if any) are to be retained and protected from
damage during construction;
10. Sine, height, location and material of proposed seating, lighting, planters, sculptures, and
water features;
11. A description of proposed watering methods;
12. location of street vision triangles on the lot (if applicable);
13. Tabulation of "points" earned by the plan (see §18.48.060 of this title);
14. Designated snow removal storage areas;
15. Location of pavement, curbs, sidewalks and fnrtters;
16. Show location of existing and /or proposed drainage facilities which are to be used for
drainage control;
17. Fxisting and proposed grade;
18. Size of plantings at the time of installation and at maturity;
19. Areas to be irrigated;
20. Planting plan for watercourse buffers, per X18.42.100, BMC, if not previously provided
through subdivision review; and
21. front and side elevations of buildings, fences and walls with height dimensions if not
otherwise provided by the application. Show open stairways and other projections from
exterior building walls.
18.78.110 SKETCH PLAN SUBMITTAL REQUIREMENTS
A sketch plan shall be drawn to scale and in sufficient detail to demonstrate compliance with the
requirements of this title. Sketch plans shall be oriented with north at the top of the page and shall also
show site boundaries, street and alley frontages with names, and location of all structures with distances
to the nearest foot between buildings and from buildings to property lines.
18.78.120 PLANNED UNIT DEVELOPMENT SUBMITTAL REQUIREMENTS
The following material shall be subtrnitted for review with each planned unit development.
Y1. Submittal _Requirements for 1?ie- appincations The following information and data shall be
submitted for pre application review. The number of copies required shall be determined by the
Planning Department:
1. Data regarding site conditions, land characteristics, available community facilities and
utilities and other related general information about adjacent land uses and the uses of
land within one -half rile of the subject parcel of land;
2. Conceptual (sketch) drawing showing the proposed location of the uses of land, major
streets and other significant features on the site and within one -half mile of the site; and
Ordinance 1769 Fffective_)anuary 30, 2010 page 78 -19
3. A computation table showing the site's proposed lard use allocations b location and as
a percent of total site area.
B. Submittal Requirements for Preliminary Plans. The following information and data shall be
submitted for prcliminar}- plan review. `I'hc number of copies required shall be determined by
the Planning Department:
1. Document _Requirements The following; information shall be presented in all 8'/2- by 11-
inch vertically bound document. The document shall be bound so that it will open and
lie flat for reviewing; and organized in the following order:
a. application forms;
b. a list of names of all general and limited partners and /or officers and directors
of the corporation involved as either applicants or owners of the planned unit
development;
C. A statement of planning objectives, including:
(1) Statement of applicable City land use policies and objectives achieved by
the proposed plan and how it furthers the inlplelllentation of the
Bozeman growth policy;
(2) Statement of
(a) Proposed ownership of open space areas; and
(b) applicant's intentions with regard to future ownership of all or
portions of the planned unit development;
(3) Estimate of number of employees for business, commercial and
industrial uses;
(4) Description of rationale behind the assumptions and choices made by the
applicant;
(5) Where deviations from the requirements of this title are proposed, the
applicant shall submit evidence of successful completion of the
applicable. community design objectives and criteria of X18.36.090, BNIC.
The applicant shall submit written explanation for each of the applicable
objectives or criteria as to how the plan does or does not address the
objective or criterion. The Planning; Director may require, or the
applicant may choose to submit, evidence that is beyond what is required
in that section. Any clement of the proposal that varies from the criterion
shall be described;
(6) Detailed description of flow conflicts between land uses of different
character are being avoided or mitigated; and
(7) Statement of design methods to reduce energy consumption, (e.g.,
home /business utilities, transportation fuel, waste recycling);
d. A development schedule indicating the approximate date when construction of
the planned unit development, or stages of the salve, call be expected to begin
and be completed, including the proposed phasing of construction of public
improvements and recreational and common space areas;
e. One reduced version of all preliminary plan and supplemental plan Imps and
graphic illustrations at 8'/2- by 11- inches or 11- by 17- inches size.
2. Site Plan Requirements a site plan of the proposed development drawn at a scale of not
less than 1 inch equals 100 feet, composed of one or more sheets with an outer
dimension of 24- by 36- inches, showing the information required for site plans in
X18.78.080, BMC plus the following additional information:
Ordinance 1769 Effective January 30, 2010 page 78 -20
a. Notations of proposed ownership, public or private, should be included where
appropriate;
b. The proposed treatment of the perimeter of the planned unit development,
including materials and techniques used, such as screening, fences, walls and
other landscaping; and
C. Attorney's or owne.r's certification of ownership.
3. Supplemental Plan Requirements
a. Viewsheds
(1) Looking onto and across the site from areas around the site, describe and
map the views and vistas from adjacent properties that may be blocked
or impaired by development of the site;
(2) Describe and map areas of high visibility on the site as seen from
adjacent off -site locations;
b. Street Cross Sections if Different From Ci Standards. Street cross section
schematics shall be submitted for each general category of street, including:
(1) The proposed width;
(2) Treatment of curbs and gutters, or other storm water control system if
other than curb and gutter is proposed;
(3) Sidewalk systems; and
(4) Bikeway systems, where alternatives to the design criteria and standards
of the City are proposed;
C. Physlographic data, including the following:
(1) A description of the hydrologic conditions of the site with analysis of
water table fluctuation and a statement of site suitability for intended
construction and proposed landscaping. The description of the
hydrologic conditions shall include depth to groundwater measurements
taken May 15th through September 15th;
(a) An alternative to the actual measurement of water table depth
may be offered provided that such alternative includes a detailed
soil profile, including a detailed description of the. soil which
follows The National Coopera_tve Soil Survey Field Book for
describing soils and which provides good and sufficient evidence
to establish the presence and depth of a seasonal water table., a
land form position or location, or other physiographic data
which are sufficient to establish the minimum depth to
groundwater. Some soils are not easily profiled to establish an
off season high water table, such as those underlain by sand or
gravel, those high in organic matter and those with a high line
content. Physical monitoring of these types of soils may be
necessary;
(3) Locate and identify the ownership of existing wells or well sites within
400 feet of the site;
d. Preliminary Subdivision Plat If the project involves or requites platting, a
preliminary subdivision plat, subject to the, requirements of this title relative to
subdivisions, shall be submitted;
e. Traffic Impact Anal Not withstanding the waiver provisions of
18.78.080.B.9, BN4C, at the discretion of the City Engineer, a traffic impact
analysis shall be prepared based upon the proposed development. The analysis
Ordinance 1769 Effective January 30, 2010 page 78 -21
shall include provisions of the approved development guidelines, and shall
address impacts upon surrounding land uses. The Director of Public Sei may
require the traffic impact analysis to include the information in `18.78.0501L,
BMC. If a traffic impact analysis has been submitted as part of a concurrent
subdivision review, that analysis shall meet this requirement;
f. additional Studies and Plans If the development's compliance with the
community design objectives and criteria is under question, the City Commission
may require additional impact studies or other plans as deemed necessary for
providing thorough consideration of the proposed planned unit development;
g. a proposed draft of a legal instrument containing the creation of a propcm
owner's association sufficient to meet the requirements of §18.72.020, BMC shall
be submitted with the preliminary plan application.
C. Submittal Requirements for Final Plans
1. A completed and signed application form;
2. y list of names of all general and limited partners and /or officers and directors of the
corporation involved as either applicants or owners of the planned unit development;
3. Site Plan Submittal Requirements
a. A final plan site plan shall be submitted on a 24- by 36 -inch sheet(s) at the same
scale as the approved preliminary plan. If a different scale is requested or
required, a copy of the approved preliminary plan shall be submitted that has
been enlarged or reduced to equal the scale of the final plan. However, only the
scales permitted for the preliminary plans shall be permitted for filial plans.
b. The final plan site plan shall show the f(.)llowing information:
(1) ],and use data (same information as required on the preliminary site
plan);
(2) Lot lines, easements, public rights -of -way as per subdivision plat;
(3) attorney's or owner's certification of ownership;
(4) Planning Director certification of approval of the site plan and its
conformance with the preliminary plan; and
(5) Owner's certification of acceptance of conditions and restrictions as set
forth on the site plan;
4. SuplAetnental Plans
a. Final Landscape Plan A final landscape plan consistent with the conditions and
restrictions of the approved preliminary plan shall be submitted. It shall also be
consistent with the Chapter 18.48, I3MC, except that any stated conditions and
restrictions of the preliminary plan approval shall supersede the provisions of
Chapter 18.48, BMC;
b. Final Subdivision Plat An official final subdivision plat of the site must
accompany the final planned unit development plan when applicable. City
approval of the final subdivision plat shall be required before issuance of
building permits;
C. final Utility Plans Prior to submission of the final plan to the DRC and ADR
staff engineering plans and specifications for sewer, water, street improvements
and other public improvements, and an executed improvements agrecrncnt in
Ordinance 1769 Effective January 30, 2010 page 78 -22
proper form providing for the installation of such iinprovcinents, must be
submitted to and approved by the City; and
d. Open Space. 1\1aintenance Plan A plan for the maintenance of Open space,
meeting; the requirements of X18.72.040, BMC, shall be submitted with an
application for final plan approval. Open space shown on the approved final
plan shall not be used for the construction of any structures not shown on the
final plan.
18.78.130 SUBMITTAL MATERIALS FOR REGULATED ACTIVITIES IN WETLANDS
All parties applying for activity(s) permits proposing; action(s) affecting; Federal, State or City regulated
wetlands, watercourses and /or buffers within the City limits shall submit the following information to
the Water Review Beard:
Y\. 1 Wetland and Watercourse Delineation Report must be submitted to the city for all projects, if
aquatic resources are present. If no aquatic resources are present, a letter shall be submitted to
the City stating; that there are no water resources within the subject property.
1. This Wetland and Watercourse Delineation Report shall include, but not be limited to,
the following;:
a. Wetland and watercourse descriptions;
b. functional assessment, as determined by a State- accepted functional assessment
method, i.e.. Montana Department of Transportation (Berglund and
1\1cFIdowney 2008) or Montana Department of l?nvironrncntal Quality
(Ylpfclbeck and Farris 2005);
C, Wetland types, as determined by a State- accepted functional assessment method
(i.e. Cowardin et al 1979);
d. Wetland acreages (by a licensed surveyor);
C. Nlaps with property boundaries, wetland and watercourse boundaries and
acreages; and
f. Wetland data forms (L1.S. Army Corps of Engineers Data Forms).
B. If activities are planned in and /or adjacent to aquatic resources the following information is
required:
1. A site plan which shows the property boundary; delineated wetland and watercourse
boundaries; buffer boundaries; and all cxistiDg and proposed structures, roads, trails, and
easements. The site plaid will include a table of existing wetland functional ratings and
acreage, required buffers and acreage, and linear feet of all watercourses and ditches.
a. x111 direct impacts to wetlands, watercourses, and buffers shall be highlighted and
summarized in a table on the site plan. The water resource and buffer summary
table shall include wetland /watercourse identification slumber; corresponding
buffer width and acreage; total site, wetland, watercourse, ditch, and buffer
acreages; jurisdictional status; impacts to all water resources and buffers; and,
mitigations types and acreages.
b. 111 indirect impacts (e.g. shading from boardwalks or public utility well
drawdown) shall be summarized in the document.
2. Include a snap with all proposed mitigation areas and their required buffers. The map
will include a table of mitigation wetland type and acreage and required buffers and
acreage. Describe the functional unit gains of the wetland mitigation (as determined by a
State accepted functional assessment method).
Ordinance 4 1711 Effective January 30, 2010 page 78 -23
3. The source, type and method of transport and disposal of any fill material to be used,
and certification that the placement of fill material will not violate ali�� applicable state or
federal statutes and regulations as listed in 18.78.020.
4. The names and addresses of all property owners within 200 feet of the subject property.
The names and addresses shall also be provided on self- adhesive mailing; labels.
5. Copies of the following;: (a) any Clean Water z\ct (CWT,) Section 404 and 401 permits;
(b) any MT 301 permits; (c) any floodplain determinations for the proposed site(s)
known to the applicant; (d) ariy other applications, state or federal, for wetlands permits
regarding the. proposed site(s); (c) any US Army Corps of Engineers jurisdictional
determinations regarding wetlands on the proposed and adjacent site(s); (f) arid, if
relevant, any N1T state joint applications for the proposed project site(s)
6. A completed Wctland Review Checklist.
C. If in the preparation or review of the requited submittal materials it is determined that there are
unavoidable impacts to wetlands and /or watercourses that will require. a Federal Clean Water
Act permit, then the following; information will be submitted to the city for all federal
jurisdictional and City regulated wetlands (sec 18.80.3170) iI] a C ompensatory Mitigation Report:
1. The descriptive portion of the Compen Mitigation Report shall include, at a
rnininaum:
a. The name and contact information of the applicant; the name, qualifications, and
contact information for the primary author(s) of the Compensatory Mitigation
Report; a description of the proposal; summary of the direct and indirect impacts
and proposed mitigation concept; identification of all the local, State, and federal
wetland /stream- related permit(s) required for the project and, a vicinity snap for
the project.
b. Description of the existing wetland, watercourse and buffer areas that will be
impacted including; area based on professional surveys; dominant vegetation; and
functional assessments and wetland ratillg >s for the entire wetland and the
portions proposed to be impacted.
C. An assessment of the potential changes in wetland hydroperiod for the proposed
project and how the design has been modified to avoid n inlmlze or r educe
impacts to the wetland hydroperiod.
d. A description of the proposed conceptual mitigation actions for wetland,
watercourse and buffer areas. provide specifications (including buffers) for all
proposed mitigation for wetland /watercourse /buffer impacts. Include a map
with all proposed rnidg;ation areas and their required buffers;
e. An assessment of existing conditions in the zone of the proposed mitigation
including vegetation community structure and composition, existing;
hy droperiod existing soil conditions, and existing wetland functions.
f. Provide field data that was collected to document the existing conditions of the
proposed mitigation sites and on which the future hydrologic and soil conditions
of the mitigation wetlands are based (e.g. hydrologic conditions: piczonieter data,
staff /crest gage data, hydrologic modeling, visual obscr soil conditions:
data from liand -dug or mechanical soil pits or boring results). Do not rely on
soil survey data for establishing existing conditions.
g. A planting schedule by proposed community type and hy drologic regime, size
and type of plant material to be installed, spacing of plants, "typical" clustering
Ordinance 1769 Effective January 30, 2010 page 78 -24
patterns, total number of each species b community type, tinting of installation,
nutrient requirements, watering schedule, weed control, and where appropriate
measures to protect plants from destruction. Native species shall comprise 80%
of the plants installed or seeded within the mitigation site.
11. The mitigation monitoring plan should include a period of not less than 3 years,
and establish the responsibility for long -term removal of invasive vegetation.
j. Wetland mitigation performance criteria (measurable standards reflective of
expected development goals established for each year after the mitigation site is
established, i.e. "At the end of 3 years there will be an 80% survival of the
planted shrubs and trees. for mitigation wetlands and buffers, a monitoring
schedule., reporting requirements to the City, and maintenance. schedule and
actions for each year of nlollitoring.
j. Contingency plans which clearly define course of action or corrective measures
needed if Pci Criteria are not met.
2. The scaled plan sheets for the compensatory mitigation must contain, at a ininiinuill:
a. Fxisting wetland and buffer surveyed edges; proposed areas of wetland and
buffer impacts; and, location of proposed wetland and buffer compensation
action.
b. Surveyed topography at 1- to 2 -foot contour intervals in the zone of the
proposed compensation actions if any grading activity is proposed in the
compensation arca(s). Pro-%ride existing and proposed rilitigatlon design cross
sectioll(s) for the wetland and /or buffer compensation areas.
C. 1equired wetland buffers for existing wetlands and proposed mitigation areas;
3. A discussion of ongoing management practices that will protect and maintain the non
impacted and mitigation wetland, watercourse and buffer areas in perpetuity.
18.78.140 SUBMITTAL MATERIALS FOR APPEALS OF ADMINISTRATIVE PROJECT
DECISIONS
)111 appeals of Administrative Project Decisions shall include:
A. Name and address of the appellant;
B. The legal description and street address of the property involved in the appeal;
C. A description of the project that is the subject of the appeal;
D. T N that the appellant is an aggrieved person as defined in Chapter 18.80, B1\7C;
Is. List of names and addresses of property owners within 150 feet of the site, using the last
declared county real estate tax records;
1 Stamped, unsealed envelopes addressed with names of above property owners;
G. Required appeal filing fee; and
H. The specific grounds and allegations for the appeal, and evidence necessary to support and
justify a decision other than as determined by the Planning Director.
18.78.150 ADMINISTRATIVE INTERPRETATION APPEALS
All appeals of administrative interpretations shall include:
1. Name and address of the applicant;
B. The legal description and street address of the property, if all) involved in the appeal;
Ordinance 1769 1?ffective January 30, 2010 page 78 -25
C. A description of the property, if any, that is the subject of the interpretation appeal including:
1. 1 site plan drawn to scale showing the property dimensions, grading, landscaping and
location of utilities, as applicable;
2. Location of all existing and proposed buildings; and
3. Drive accesses, driveways, access roads, parking spaces, off street loading; areas and
sidewalks as applicable;
1). The names and addresses of the owners of the property and any other persons having; a legal
interest therein;
1.. List of names and addresses of property owners within 1.50 feet of the site., using; the last
declared county real estate tax records;
1~. Stamped, unsealed envelopes addressed with names of the above property owners;
C:.. Requited filing fee; and
I I. Evidence to prove that the decision or action of the. official for which an appeal is made was
incorrect or in violation of the terms of this title.
18.78.160 SUBMITTAL MATERIALS FOR VARIANCES
;yn application for a variance shall be accompanied by a development plan showing such information as
the planning Director may reasonably requite for purposes of this title. `1'he plans shall contain sufficient
information for the Commission to make a proper decision on the matter. The request shall state the
exceptional physical conditions and the peculiar and practical difficulties claimed as a basis for a
variance. In all cases, the application shall include, and shall not be dcemcd filed until, all of the
following is submitted:
A. Name and address of the applicant;
B. The legal description of the property/ involved in the request for variance, including the street
address, if any, of the property;
C. The names and addresses of the owners of the property and any other persons having a legal
interest therein;
1). List of names and addresses of property owners within 150 hundred feet of the site, using the
last declared county real estate tax records;
1?. Stamped, unsealed envelopes addressed with names of above property owners;
1-. A site plan drawn to scale showing the property dimensions, grading, landscaping and location
of utilities, as applicable;
G. I..ocation of all existing and proposed buildings;
H. Drive accesses, driveways, access roads, parking spaces, off street loading areas and sidewalks as
applicable;
I. A clear description of the variance requested and the reasons for the request;
J- justification, in writing of subsections 1, 2, 3 and, when applicable, 4 of §18.66.060.0, BMC;
K. Evidence satisfactory to the City Commission of the ability and intention of the applicant to
proceed with actual construction work in accordance with said plans within six months after
issuance of pernlit; and
11. Required filing fec.
Ordinance 1769 Fffective_1anuary 30, 2010 page 78 -26
18.78.170 SUBMITTAL MATERIALS FOR TELECOMMUNICATIONS
The following information shall be submitted for review of wireless facilities as applicable. failure to
provide required materials will result in a determination that the application is incomplete and the
application will not be processed.
Submittal Materials
Table 78 -2
Telecommunication Submittal Materials Micro- Small- Large
scale scale scale
1..\ detailed written description of liow the applicant has complied with, or will comply X X X
with, the a licable standards of this title, esp ecially those of this chapter;
An accurate photo simulation of the site with the proposed facility in place. The
simttlation shall be to scale, and depict all planned and expected antennae, including
collocation of other carriers, on the facility Landscaping which is not existing or proposed X X X
on the accompanying site plait shall riot be included in the sinutlation unless it exists on
adjoining properties;
3. A statement of whether the proposed facilitri� is exempt or non exempt from
environmental review under the Rules of the FCC;
a. If the. facility is claimed to be exempt, a detailed and specific citation to the Rules of the
FC indicating the section w hich details the relevant exemption provisions shall be
included. If the facility is not exempt from environmental review a copy of the
environmental review shall be provided with the application, and the approval from the
FCC for the site shall be provided to the Cary of Bozeman prior to the final site plan
approval; X X X
AND
b. If the facility is clairned to be exempt from environmental review, a statement shall be
provided, under oath and notarized, that the proposed or existing facility does or will
comply with FCC radio frequency emission guidelines for both general population/
uncontrolled exposures and occupational /controlled exposures as defined in the FCC rules.
The provision of false information shall result in the immediate revocation of permits or
approvals granted upon the basis of the false information and the cessation of operation of
the offending facilities;
4. \Y'hen the applicant is a wireless service provider, proof that the applicant is licensed by
the FCC to provide the wireless communication services that the proposed facility is X X X
designed to sup port, or that licensing 1)) the FCC is not req uired;
5. .1 report providing a description of the large scale wireless facility with technical reasons X
and justification for its deli n and placement;
6..\ description of the maximum capacity of the large scale wireless facility as proposed and X
how the f icili can be retrofitted or modified to accorrrnodate changing user needs;
7. Documentation establishing the structural integrity for the large scale wireless facility's
proposed use including documented loading calculations for wind snow and seismic forces
under circumstances of maximum capacity loading prepared by a professional structural X
engineer licensed to practice in the State of Nlontana. Loading criteria shall be those set
forth in the edition of the International Building Code most recently adopted by the City;
and
8.:\ statement of hour the collocation requirements of Section 18.54.040.8, BMC, shall be X
met.
B. In addition to the materials required above, for all large scale wireless facilities 50 feet or greater
in height, the applicant shall submit:
I Propagation studies for the users of the proposed facility, including existing service
coverage snaps and whether the placement of the new site will require relocations of
existing facilities, or a description of how and why the proposed site and facility size is
required to provide service that is otherwise unavailable or substantially inadequate or is
required for the introduction of a new service;
2. A statement of intent of how co location on the facility will be addressed;
Ordinance 1769 1 ffective January 30, 2010 page 78 -27
3. statement of willingness to allow co•- location at reasonable and Customary rates by all
technically feasible providers up to the structural capacity of the tower;
4. An inventory of all surrounding buildings or other structures greater than 50 feet in
height within a radius of one mile of the proposed location with a listing of height and
suitability for hosting the proposed users of the large scale wireless facility;
5. An applicant shall demonstrate in writing that there are no available opCnings on existing
facilities which arc feasible and that a new structure is necessary. Such demonstration
shall address the criteria in 518.54.040.I3, Bl\1C;
6. A detailed explanation of how the large scale wireless facility will be maintained and how
the maintenance and operations of the large scale wireless facility will be transferred to a
third party should the applicant no longer retain ownership. Unless othemise approved
by the City, the responslbihty of maintenance and operations shall transfer to the owner
of the underlying property;
7. An explanation of how the applicant will provide a financial security for the removal of
the large scald wireless facility in the event that it no longer scr\ es telecommunications
carriers. The financial g uarantee shall be 150 percent of the estimated cost of facility
removal and must be acceptable: to the City; and
8. A large scale wireless facility may be reviewed as a multiple phase project and be
constructed over tine as provided for in X18.54.040.13, BMC. An applicant intending to
construct a new large scale wireless facility shall provide letters of intent adequate to
meet the requirements for leases set forth in X18.54.040.13, B \lC.
Ordinance 1769 Effective January 30, 2010 page 78 -28
CHAPTER 18.80
DEFINITIONS
18.80.010 DEFINITION OF TERMS AND INTERPRETATION OF LANGUAGE
All words in this title shall be first defined as provided in this chapter and, if not defincd hercin,
shall be defined as in the latest edition of `The Illustrated Book of Dev elopment Definitions' by
I laivey S. Nloskowitz and Carl G. I,indbloonn, and if not defined in `The Illustrated Book of
Development Definitions', shall have their custonnary dictionary d e f initions.
B. Words used in the present tense include the future terse; words used in the singular include the
plural and words used in the plural include the singular; the word "shall" is always mandatory,
the word "person" includes a firm, association, organization, partnership, trust, corporation or
company, as well as an individual; the word "lot" includes the words plot" or "parcel t
word "building" iIcludes the word "structure the words "used" or "occupied," as applied to
any land or building, shall be construed to include the word "intended, arranged, or designed to
be used or occupied the words "map" or "zoning map" mean the zoniIlg map(s) of the City
that delineate the area to be governed by these regulations.
C. For the purposes of this title certain words and terms used herein are defined as follows:
18.80.020 ACCESS OR ACCESS WAY
The place, means or way by which pedestrians and vehicles shall have adequate and usable ingress and
egress to property or use as required by this title.
18.80.030 ACCESSORY BUILDING OR USE
A subordinate building, or portion of the principal building, located oIl the same lot as the principal
building, or a subordinate use of land, either of which is customarily incidental to the principal building
or to the principal use of land. Where part of .i n accessory building is connected to part of the principal
building by a common wall, such accessory building shall be counted as part of the principal building.
Individual public utility installations above ground are considered accessory buildings.
18.80.035 ADAPTIVE REUSE
The development of a new use for an older building or fora building originally designed fora special or
specific purpose.
18.80.040 ADMINISTRATIVE DESIGN REVIEW (ADR) STAFF
Certain members of the planning staff charged with the design review, as dcfined in this chapter, of
certain plans and proposals as specified in this title. The organization, composition and procedures of
the administrative design review staff are subject to the requirements of Chapter 18.62, BMC,
18.80.050 ADULT BUSINESS
An establishment which advertises, trades, exchanges, transfers, sells, presents, shows, offers or exhibits
materials, activities, reproductions, likenesses, services and /or objects defined as obscene by 545-8
201(2), MCA. Adult business as defined in this section shall include, but need not be limited to, adult
bookstores, adult motion picture theaters, rap studios, massage parlors, exotic dance studios, nude art
studios, nude photographic studios and nude body painting studios.
18.80.060 AFFORDABLE HOUSING
I Iousing for persons earning less than 65 percent of the area's annual median income for rental housing
and 100 percent of the area's annual median income for purchased housing. further, affordable housing
Ordinance. 1769 Effective January 30, 2010 page. 80 -1
does not require greater than 30 percent of the household gross annual median income for housing.
Annual median income is defined by the Department of I lousing and Llrbari Development. \ff )rdahlc
housing is subject to the City's affordable housing policy.
18.80.070 AGGRIEVED PERSON
,1 person, as defined in this chapter, who has a specific, personal and legal interest in the final decision
of an agency, board or commission, as distinguished from a general interest such as is the concern of all
members of the community, and which interest would be specifically and personally prejudiced by the
decision or benefited by its reversal.
18.80.080 AGRICULTURAL ACTIVITY
The cultivation or tilling of soil for the purpose of producing vegetative materials for sale or for use in a
commercial operation and /or the raising or tending of animals for commercial sale or use. lgriculture
does not include gardening for personal use, keeping of house pets or animals as authorized under 'Title.
6, 13MC, or landscaping for aesthetic purposes.
18.80.090 AGRICULTURAL WATER USER FACILITY
Those facilities, which include but are not limited to ditches, pipes, and other water conveying facilities,
which provide water for irrigation and stock watering on agricultural lands, with said lands being defined
in X15.7.202, MCI.
18.80.100 ALLEY
,y permanent public: thoroughfare providing a secondary means of access to abutting lands.
18.80.110 ALIQUOT PART
An equal division of a government section in quarters as described by the `Manual for the Survey of the
Public Lands of the L)nitcd States.'
18.80.120 ALTERATION
,1ny act or process, except repair and light construction as defined herein, that changes one or more of
the architectural features of a structure or site, including, but not limited to, the erection, construction,
reconstruction, relocation of, or addition to a structure. The term alteration may apply to any act or
process that changes the interior architectural features of that portion of a public or private property
commonly frequented by the general public, provided said public or private property is located within a
designated historic district or listed individually on the National Register of I Iistoric Places. IIowever,
changes upon interior elements of private residences, regardless of their location or historic status, shall
not be considered alterations as defined in this section. )\Iteration further means any change or addition
to a structure within a floodplain that either increases its exterior dimensions or increases its potential
flood hazard.
18.80.130 ANIMAL HOSPITAL
A place where animals or pets are givers )medical or surgical treatment and are cared for during the time
of such treatment. Outside pens, kerinels or runs are not permitted as part of an animal hospital
operation. Short term interior boarding is permitted.
18.80.140 ANTENNA
One or more rods, panels, discs or similar devices used for the transmission or reception of radio
frequency signals, which may include omnidirectional antenna (rod), directional antenna (passel) and
parabolic antenna (disc).
Ordinance 1769 1-,affective. anuary 30, 2010 page 80 -2
18.80.150 APARTMENT
A habitable room or suite of two or more habitable rooms meeting the requirements of the City's
adopted International I3uilding (;odc, located in an apartment building or Used for residential purposes
in notires'Xictltial buildings located within nonresidential districts, as specified in this title. l4fficiency
units shall qualify as an apartment under this definition.
18.80.160 APARTMENT BUILDING
A building other than a hotel or motel containing five or more dwelling units.
18.80.170 APPELLANT
An aggrieved person who has appealed the decision of an agency, board or con to another body
designated herein by the filing of a notice of appeal.
18.80.180 APPLICANT
The person(s) who, or organization which, subiitted the application to the agency, board or
corrltnission for appro\ or the person(s) who, or organization which, submitted the application to the
agency, board or commission whose decision has been appealed.
18.80.190 ARCHITECTURAL APPEARANCE
The architectural character and general composition of a structure, including but not limited to, the kind
and texture of the building's materials and the type, design and character of all windows, doors, light
fixtures, signs and appurtenant exterior elements; and, interior architectural detail including, but not
limited to, floors, fixtures, hardware, ornamentation and other elements that contribute to the building's
architectural or historical significance.
18.80.200 AREA OF SPECIAL FLOOD HAZARD
'Ac land in the floodplain within the community subject to inundation by a one percent or greater
chance of flooding in any given year, i.e., the 100 -year floodplain.
18.80.210 AREA OF SIGNS
The area of a sign that shall be computed by enclosing the entire area within ally type of perimeter or
border which may enclose the outer limits of any writing, representation, emblem, figure or character
together with any other material or color forming an integral part of the display or used to differentiate
such sign from a building on which it is placed. The area of a sign leaving llo such perimeter shall be
computed lay enclosing the entire area within parallelograms, triangles, or circles in a size sufficient to
cover the entire atca of the sign copy and computing the size of such area. In the case of a two -sided
sign, the area shall be computed as including only the maximum single display surface which is visible
from any ground position at one time. If the angle between the two sign faces is greater than 45 degrees,
the sign area will be the sum of the areas of the two faces. The supports or uprights on which any sign is
supported should not be included in determining the sign area unless such supports or uprights are
designed in such a manner as to form an integral background of the sign. In the case of any spherical,
conical, or cylindrical sign, one -half of the total surface area shall be computed as the. area of the sign.
18.80.220 ARTIFICIAL LOT
An area within a legally existing lot that is delineated by the Planning Director for the sole purpose of
satisfying the landscaping requirements of this title.
18.80.230 ARTIFICIAL OBSTRUCTION -DEVELOPMENT
Any obstruction which is not natural and includes any dam, diversion, wall, bank stabilization method,
embankment, le\ dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge,
Ordinance 1769 Effective January 30, 2010 page 80 -3
conduit, culvert, building, refuse, automobile body, fill or other analogous structure or matter In, along,
across or projecting; into any 100 -year floodplain which may impede, retard or alter the pattern of flow
of water., either in itself or by catching or collecting debris carried by the water, or that is placed where
the natural flow of water would carry the same downstream to the damage or detriment of either life or
property.
18.80.240 ARTS CENTER AND /OR ENTERTAINMENT CENTER
1 structure or facility for the presentation of the performing arts, including indoor motion picture
theaters; theaters for live performances; indoor concert halls; studios for arts education, such as dance or
painting. also includes entertainment activities such as arcades; bowling alleys or pool halls. Arts and
entertainment center does not include any business meeting the definition of adult business as defined
bN this title.
18.18.245 ATTACHED STRUCTURE
1 building sharing with one or more. other buildings a common wall(s) for not less than five feet.
18.80.250 AUTOMOBILE FUEL SALES OR REPAIR
The use of a site for the direct sale of fuel to the end user, or for the repair of automobiles,
noncommercial trucks, motorcycles, motorhomes, recreational vehicles or boats. This includes the sale
and on-site installation of parts, wheel and brake shops, body and fender shops, and similar repair and
service activities, but excludes dismantling or salvage.
18.80.260 AUTOMOBILE REDUCTION YARD
,ny area of land where two or more motor vehicles not lIn 1r1IlIlllng condition and /or two or more
unlicensed motor vehicles, or parts thereof, are stored in the open and arc not being restored to
operation; or any land, building or structure used for the wrecking, dismantling, storage or abandonment
of motor vehicles or parts thereof.
18.80.270 AUTO SALVAGE YARD
A junkyard primarily containing inoperable vehicles for purposes of being dismantled and sold as parts.
18.80.280 AUTOMOBILE WASHING ESTABLISHMENT
A building which has its primary purpose as washing automobiles. Such facilities shall be considered
incidental to automobile service stations if not more than one auto may be washed at one time and if the
service station is clearly the principal use.
18.80.290 AWNING
A roof -likc structure, which is generally composed of a skeletal frame, covered in a fabric or other skin
type material, and typically open on the bottom side, which projects beyond a building or extending
along and projecting beyond the wall of the building. For the purposes of this title a sign on an awning
shall be considered to be a wall sign.
18.80.300 BANNER
i1 ny sign of lightweight fabric or sitnilar material that is permanently mounted to a pole or a building 1)y
a permanent frame at one or more edges. A single one of each national, state or municipal flags, or the
official flag of any institution or business shall not be considered banners.
18.80.310 BAR (TAVERN, COCKTAIL LOUNGE)
r,n establishment where alcoholic beverages are served on premises and where the total sales of alcohol
exceeds the total sales of food.
Ordinance 1769 Effective. January 30, 2010 page 80 -4
18.80.320 BASE FLOOD
A flood having a one percent chance of being equalled or exceeded in any given )-car. �1 base flood is the
same as a 100 -year flood.
18.80.330 BASE FLOOD ELEVATION
The elevation above sea level of the base flood in relation to National Geodetic Vertical Datum of 1929
unless otherwise specified in the flood hazard study.
18.80.340 BASEMENT
A portion of a building located partly underground but having; not less than half its floor -to- ceiling
height below the average grade of the adjoining ground.
18.80.350 BEACON
Y�ny light with one or more beams directed into the atmosphere or directed at one or more points not
on the salve zone lot as the light source; also, any light with one or more beams that rotate or move.
18.80.360 BED AND BREAKFAST HOME
11 single- household dwelling which remains owner occupied at all times providing one or more guest
rooms for compensation, and where food service is limited to breakfast which may be served to
overnight guests only.
18.80.370 BUILDING
Any structure having enclosed space and a roof for the housing and /or enclosure of persons, ani -nlals or
chattels.
18.80.380 BUILDING AREA
The nlaximurn hori onta] projected area of the principal and accessory building(s), excluding open steps,
terraces, and architectural appurtenances projecting not more than 2 feet. Building area, as that portion
of a lot upon which construction is permitted, is that area of a lot that lies within the boundaries of the
front, side and rear yard setback requirements measured from the actual lot line.
18.80.390 BUILDING ENVELOPE
The three dimensional volume on a lot lying between the front, side and rear yard setback lilies and
between ground level and the maximum allowable building height., amounting to the area available for
potential building construction.
18.80.400 BUILDING FRONTAGE
The maxiinum dimension of the building front measured on a straight line parallel to the street, but
excluding facades facing alleys or driveways.
18.80.410 BUILDING HEIGHT
The vertical distance measured from grade as defined in this section to the highest point on the roof or
parapet wall. Where a building latiliZes multiple roof styles or pitches, the highest point of each type of
roof or parapet wall shall be in conformance with applicable height regulations as established for the
respective roof pitches in each zoning district. Where the vertical difference between grade as defined in
this section is greater than 2 feet between opposite elevations of the building, the height of the building
may be increased by 1 foot for every 1 foot in grade difference up to a maximum of 6 additional feet.
18.80.420 BUILDING, PRINCIPAL
A building in which is conducted the main, or principal use of the lot on which the building is situate
Ordinance 1 769 LSffective January 30, 2010 page 80 -5
18.80.430 BUSINESS
Engaging in the purchase, sale, bartcr or cxchange of goods, wares, merchandise or scl\-ices; the
maintenance or operation of offices or recreational or amusement enterprises.
18.80.440 CANOPY
Any open, perinanctit roof like accessory structure which is not attache or part of a principal building.
18.80.450 CANOPY TREE
.y species of tree which normally bears crown foliage no lower than 6 feet above ground level upon
maturity.
18.80.460 CARPORT
A structure, open on at least two sides, consisting of a roof and either walls or columns for the purpose
of housing; automotive vehicles and ether chattels. The structure shall be considered as an accessory
building when detached from the principal building and as a part of the principal building when attached
to the principal building along one or more sides of the carport or principal building.
18.80.470 CASINO
An establishment whose primary use or activity is gambling, either in the farm of gambling
machines (video poker, kcno, ctc.), card games or other licenscd gambling activity. .A casino will
normally have beverage and restaurant facilities as accessory uses. In all 'instances, an
establishment will be considered a casino for the purpose of these regulations if any of the
following characteristics apply:
1. The establishment is referenced as a casino by signage, advertisement or by name;
2.
More than one card table is oil the premises; and /or
3. 1=iftccn or more gambling machine are on the premises.
R. An applicant for a casino establishment must obtain a Montana state license to sell alcoholic
beverages for consumption on the premises.
18.80.480 CEMETERY
Land used for the burial of the dead and dedicated for cemetery purposes, including crematories,
mausoleums and mortuaries when operated in conjunction with and within the boundary of such
cemetery.
18.80.490 CERTIFICATE OF APPROPRIATENESS
A permit issued by the pertinent review authority indicating its approval of plans to alter or construct a
structure or alter a site within the Neighborhood Conservation Overlay District or Entryway Overlay
District.
18.80.500 CERTIFICATE OF SURVEY
A drawing of a field survey prepared by a registered land survey_ or for the purpose of disclosing facts
pertaining to boundary locations.
18.80.510 CHILD
A person under twelve: years of age.
Ordinance 1769 Effective 1 anuary 30, 2010 page 80 -6
18.80.520 CHURCH
�k building, together with its accessory buildings and uses, where persons regularly assemble for religious
worship, and which building, together with its accessory buildings and uses, is maintained and controlled
by a religious body organized to sustain public worship.
18.80.530 CITY
The City of Bozeman.
18.80.540 CITY COMMISSION
The governing body of the City of Bozeman.
18.80.550 CIVIC USE
Public buildings or uses, including but not limited to, college /university facilities, congregate postal
facilities, schools, government offices, libraries, assembly uses, police stations, and fire stations.
18.80.560 CLUB, PRIVATE (NONPROFIT)
A nonprofit association of persons who are bona fide members, paying annual dues, which owns, hires
or leases a building, or a portion thereof, the use of such premises being restricted to members and their
guests.
18.80.570 CO- LOCATION
'I"hc placerrrent of an antenna by two or more wireless service providers on a common antenna
supporting structure, or the addition or replacement of antennas on an existing structure. T he term does
not include: roof mounted or surface mounted wireless facilities or the placement of other antenna on
an amateur radio antenna.
18.80.580 COMMERCIAL MESSAGE
,1ny sign, wording logo or other representation that directly or indirectly names, advertises or calls
attention to a business, product, service or other commercial activity.
18.80.590 COMMERCIAL NODE
A commercial node is an area meeting all of the following conditions:
1. Designated as Comtlunity Commercial in the land use section of the City's adopted growth
Policy;
2. Designated as a B -2 zoning district; and
3. Located in one of the four following locations:
a. Northwe of the intersection of Stucky Road and South 19th Avenue to the limits as
shown on the future land use map contained in the adopted growth policy,
b. East of I Iighland Boulevard across from the Bozeman Deaconess Hospital to the limits
as shown on the future land use map contained in the adopted growth policy,
C, South of West Main Street across from the Gallatin Valley Mall to the litnits as shown on
the future land use map contained iii the adopted growth policy,
d. Northwest of the intersection of Baxter lane and Davis Lane to the limits as shown on
the future land use map contained in the adopted growth policy.
18.80.600 COMMON OPEN SPACE
Undeveloped land with a subdivision that has been designated, dedicated, reserved or restricted in
perpetuity from further development and is set aside for the use and enjoyment by residents of the
Ordinance. 1769 Effective anuary 30, 2010 page 80 -7
development. Common open space shall not be part of individual residential lets. It shall be
substantially free of structures, but may contain historic structures and archaeological sites, and /or
recreational facilities for residents, including but not limited to benches, picnic tables and interpretive
signage as indicated on an approved development plan. Stortnwater control facilities for the benefit of
the subdivision tllay also be located within common open space.
18.80.610 COMMON OWNERSHIP
Ownership by the same person, corporation, firm, entity, partnership or unincorporated association; or
ownership by different corporations, firms, partnerships, or unincorporated association in which a
stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm,
partnership, entity or unincorporated associatiom.
18.80.620 COMMUNITY CENTER
A building or portion of a building used for nonprofit cultural, educational, recreational, religious or
social activities which is o p en to the public or a designated part of the public, usually- owned and
operated by a public or Nonprofit group or agency. Examples of coininunity centers are schools,
churches, Boys and Girls Clubs, and similar uses. Colninunity center does not include fraternities, lodges
or similar uses.
18.80.630 COMMUNITY RESIDENTIAL FACILITY
,1 single residential structure having common kitchen facilities including:
1. Those occupied by persons having developmental disabilities and living together for the purp
Of residential training observation and /or common support, i which care is provided oil a 24
hour per day basis;
2. A community group home for dev elopmentally, mentally or severely disabled persons which
does not provide skilled or intermediate nursing care;
3. A youth foster home or other facility for care of minors as defined in j§52 -2 -601 et seq., MCA;
4. halfway house operated in accordance with regulations of the State Department of Public
I Iealth and I Iuman Services for the rehabilitation of alcoholics or drug dependent persons;
5. A licensed adult foster care home; or
6. Any facility defined in §76 -2 -411, MCA,
Where a Iimitation of eight or fewer residents is imposed for the purpose of defining the necessary
review process to establish this use, the operator of a residential facility, members of the operator's
household or persons employed as staff shall not be counted as residents, except that the total number
of all persons living at the facility shall not exceed tell.
18.80.640 COMPATIBLE DEVELOPMENT
Tlie use of land and the construction and use of structures which is in harmony with adjoining
development, existing neighborhoods, and the goals and objectives of the City's adopted growth policy.
P'lements of compatible. developtile�nt include, but are not limited to: variety of architectural design;
rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and sewer services, natural
elements in the area, motorized and non motorized transportation, and open spaces and parks.
Compatible development does not require uniforinity or monotony of architectural or site design,
density or use.
Ordinance 1769 Effective:January 30, 2010 page 80 -8
18.80.650 COMPATIBLE LAND USE
A land use which nlav by virtue of the characteristics of its discernible outward effects exist in harmony
with an adjoining land use of differing character. Fffects often measured to determine compatibility
include, but are not limited to, noise, odor, light and the presence of physical hazards such as
combustible or explosive materials.
18.80.660 CONDITIONAL USE
A public or private use as listed in this title which, because of its unique characteristics, cannot be
properly classified as a principal use or accessory use in a particular district. ,\ftcr consideration in each
case of the impact of such use upon neighboring land, and of the public need for the particular use at
the particular location, a permit for such conditional use may or may not be granted, with or without
conditions, in addition to any condition specifically stated in this title for any particular conditional use,
including time limits, pursuant to the requirements of this title.
18.80.670 CONDITIONAL USE PERMIT
I.,egal authorization to construct, develop or operate a conditional use as defined by this title.
18.80.680 CONSERVATION EASEMENT
The grant of a property right or intcrest from the property- owner the public or nonprofit conservation
organization stipulating that the described laird shall remain in perpetuity in its natural and open state,
precluding; future or additional development (with the exception of any allowable structures or facilities).
18.80.690 CONTIGUOUS TRACT
For the purpose of these regulations, a parcel of land next to, abutting, adjoining or touching another
individual parcel of land, including tracts which are separated by public right -of -way.
18.80.700 CONSTRUCTION
The act of adding to an existing structure or erecting a new principal or accessory structure.
18.80.710 CONVENIENCE FOOD RESTAURANT
An establishment whose principal business is the sale of foods, frozen desserts or nonalcoholic
beverages to the consumer in a ready -to -eat state for consumption either within the premises or for
carry -out with consumption either on or off the premises and whose design or principal method of
operation includes both of the following characteristics:
1. Foods, frozen desserts or nonalcoholic beverages are usually served in edible containers or in
paper, plastic or other disposable containers;
li. The customer is not served food at his /her table: by ail employee but receives it at a counter,
window or similar facility for carrying to another location for consumption either on or off the
premises.
18.80.720 CONVENIENCE USE
Retail commercial uses which have relatively high traffic generation rates per 1,000 square feet compared
to other commercial uses. A use is designated as a convenience use if the method of operation includes
one or more of the following characteristics:
A. Retail motor fuel is sold;
B. The primary business is the sale of food or drink for consumption, either on or off premises,
over a counter, or from an outdoor service window or automobile service window. Of the food
or drink sold, at least 20 percent is in disposable or carry -out containers; or
C. Drive -in and drive through restaurants.
Ordinance 1769 Effective January 30, 2010 page 80 -9
18.80.730 COOPERATIVE HOUSEHOLD
I{ive or more persons who are granted cornditional use pernut as a cooperative household pursuant to
the terms of Chapter 18.34 of this title. 1 cooperative household exhibits four or more of the
following; characteristics:
1. ;1 shared strong; bond or common commitment to a single purpose, such as members of a
religious order;
13. Ire not legally dependent on others not living with theta;
C. (.an establish legal "domicile" as defined by state. law;
1). Share a single household budget;
L. Share in the. work of maintaining; the premises;
1. Legally share in the ownership or possession of the premises, e.g. tenants in common on a deed
or cosigners of a single lease; or
G. The relationship must be of a permanent and distinct character with a demonstrable and
recognizable bond characteristic of a cohesive unit.
Cooperative housing; does not mean any society, club, fraternity, sorority, association, lodge,
organization or group of students or other individuals v�ith a common living arrangement or whose
basis for the establishment of the housekeeping unit is tempora
18.80.740 COVENANT
,1n agreement that binds and restricts the land in the hands of present owners and subsequent
purchasers with a view towards protecting and enhancing the physical, natural and economic integrity of
an area.
18.80.750 DATE OF SUBMISSION
The date at which the plat or plan and all required supplementary information is received and certified
as complete by the Planning Department.
18.80.760 DAY CARE CENTER
A place in which supplemental care is provided to thirteen or more nonresident persons on a regular
basis and which is licensed by the State of Montana.
18.80.770 DAY CARE HOME, FAMILY
1 priv ate resi in which supplemental care is provided to three to six nonresident persons from
separate families on a regular basis and which is registered by the State of Montana.
18.80.780 DAY CARE HOME, GROUP
1 private residence in which supplemental care is provide to seven to twelve nonresident persons on a
regular basis and which is registered 1>y the State of Montana.
18.80.790 DEDICATION
The deliberate appropriation of land by an owner for any general and public use, resenting no rights
which are incompatible with the full exercise and enjoyment of the public use to which the property has
been devoted.
18.80.800 DEMOLITION
Any act or process that destroys, in part or whole, a structure or archaeological site.
Ordinance 1769 Effective J anuary 30, 2010 page 80 10
18.80.810 DESIGN REVIEW
The aesthetic evaluation of certain development proposals, including those located in the neighborhood
conservation overlay district, entiyway overlay district, and all p.lanncd unit developments and retail
developments consisting; of singft tenant buildings greater than 40,000 square feet relative to
architectural, site, landscape., environmental, urban and Other design matters as specified in this title.
18.80.820 DESIGN REVIEW BOARD
That board created by Chapter 18.62 of this title and appointed by the City Conlrrrission, charged with
the design review, as defined in this chapter, of certain plans and proposals as specified in this title.
18.80.830 DEVELOPMENT
,111y 1rian- 171ade change to improve or alter real estate, including but not limited to, subdivision of land,
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
18.80.840 DEVELOPMENT ENVELOPES
;lreas on a lot within which grading, lawns, pavement and buildings will be located.
18.80.850 DEVELOPMENT REVIEW COMMITTEE
That committee created by Chapter 18.62, BT\IC and charged with the expressed intent of reviewing
designated plans and proposals.
18.80.860 DEVIATION
A modification of phi 7sical standards of this title as applied to a specific piece of property located within
the neighborhood conservation overlay district or entryway corridor overlay district. A deviation may be
granted only by the City Commission.
18.80.870 DIVISION OF LAND
"The segregation of one. or more parcels of land from a larger tract held in single or undivided ownership
by transferring, or contracting to transfer, title to or possession of a portion of the tract, or properly
filing a certificate of survey or subdivision plat establishing the identity of the. segregated parcels
pursuant to these: subdivision regulations and the Nlontana Subdivision and Platting 1ct. The
conveyance of a tract of record or an entire parcel of land that was created by a previous division of land
is not a division of land.
18.80.880 DIRECTIONAL SIGN
An on- premise sign which is intended to convey information regarding the location of specific features
of the site or to conve\r on- premise regulations including traffic and circulation regulations.
18.80.890 DRIVE ACCESS
That area between the curb of a street, or edge of the traveled portion of a street when no curb exists,
and the right -of- way /property line over which the City will permit vehicular travel from the traveled
portion of a street to an individual property or off- street parking space(s).
18.80.900 DRIVE -IN BUSINESS
An business in which people are provided a service or a product, where a sale is made without the
customer being required to leave the vehicle. Such businesses include, but are not limited to, drive -in
theater, drive -in bank, freestanding automated teller machine, drive -in laundry or dry cleaning pickup
station, drive. -in restaurant and any business offering take -home food services.
Ordinance 1769 Fffective. January 30, 2010 page 80 -11
18.80.910 DWELLING
z1 building, or portion thereof, meeting the requirements of the (;ity's adopted International liuilding
Code and used by one household, as defined by Chapter 18.80, BMC, for residential purposes. Dwelling
occupancy duration is n pically longer than thirty continuous day Dwellings may exist in IIlany
configuratiolns, including single household, two household, multiple household dwellings and group
homes. Dwellings do not include hotels, ]Hotels, extended stay lodgings or tourist homes.
18.80.920 EASEMENT
1 grant by a property owner to the public, a specific person or persons, other than the owner, for a right
to use land for a specific purpose or pui-l
18.80.930 EFFICIENCY UNIT
A dwelling unit containing only one habitable room as defined and regulated by the most recently
adopted International Building (.soda.
18.80.940 ENGINEER (REGISTERED PROFESSIONAL ENGINEER)
A person licensed in conformance with the Montana Professional Engineers Registration Act (§37 -67-
101 through \37 -67 -332, MICA) to practice engineering in the State of Montana.
18.80.950 ENGINEERING DEPARTMENT
Engineering Division of the City of li07eman's Department of Public Service,
18.80.960 ESSENTIAL SERVICES (TYPE I)
Water pumping stations; stormwater drainage facilities (including collection lines, retention /detention
ponds and drainage ways); sanitaq sewer and storm sewer lift stations; public domestic water storage
facilities; water fill stations for fire fighting equipment; local seivice telephone lines and cables; local
seivice electrical distribution lines and cables; local senTice cable television lines; local. senTice electronic
data transmission lines and cables; water and sanitary sewer distribution and collection lines; and public
and amateur radio antennae and towers.
18.80.970 ESSENTIAL SERVICES (TYPE II)
Pipelines to transport gas, oil and coal (interstate and intrastate); electric substations; electrical
transmission lines (interstate and intra state); public supply facilities (electric and gas); public treatment
facilities (water, sanitary sewer and storm sewer); telephone satellite community dial offices; telephone
exchanges and repeater stations, except those facilities which may be considered wireless facilities; other
accessory facilities, equipment and structures; and police and fire stations.
18.80.980 ESTABLISH
To construct, place, insert or excavate.
18.80.990 EVERGREEN TREE OR SHRUB
A tree or shrub of a species which normally retains its leaves /needles throughout the year.
18.80.1000 EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision where the construction of facilities for servicing the
manufactured home lots is completed before the effective date of the floodplain management
regulations. This includes, at a minimum, the installation of utilities, the construction of streets, and
either filial site grading or the pouring of concre pads.
Ordinance 1769 1 ?ffcct1ye January 30, 2010 page 80 -12
18.80.1010 EXTENDED STAY LODGINGS
Guest rooms intended or ciesigmed to be used, or which are used, rented or hired out to be occupied, or
which are occupied for slcepiiag purposes for guests and contaiii kitchen facilities for food preparation
including but Ilot lll]llted to such facilities as refrigerators, stoves and ovens. C_3enerally an individual
guest will not exceed thirty days stay. This definition includes dwelling units used, rented or hued out for
vacation homes.
18.80.1020 FINAL DECISION
The filial action of an agency, board or commission when no further action is available before such
agency, board or commission.
18.80.1030 FINAL PLAT
The filial drawing of a subdivision and dedication requited by this title and the Montana Subdivision and
Platting Act to be prepared for filing for record with the Clark and Recorder, and containing all
elements and requirements set forth in this title and the Montana Subdivision and Platting.
18.80.1040 FINAL SITE PLAN
The flial scale drawings of a preliminarily approved development and any other required infc:>rrnation,
the approval of which by the Planning Director indicates that the required conditions for approval havc
been met.
18.80.1050 FLOOD OR FLOODING
A general and temporary condition of partial or complete inundation of normally dry lands from they
overflow of a stream, or the uIlusual aIld rapid accumulation or ruIloff of surface waters from any
source.
18.80.1060 FLOOD INSURANCE RATE MAP
The map on which FEMA has delineated both the 100 -year floodplains and the risk premium zones.
18.80.1070 FLOOD INSURANCE STUDY
The report in which. FEMA has provided flood profiles, as well as the Flood boundary /floodway Map
and the water surface profiles.
18.80.1080 FLOODPLAIN
Areas generally adjoining a stream that would be covered by floodwater of a 100 -year flood except for
designated sliallow flooding areas that receive less than one foot of water per occurrence. The floodplain
consists of a floodway and floodway fringe. Floodplain regulations are found in Chapter 18.58, BMC.
18.80.1090 FLOODPLAIN ACT
The Montana Floodplain and Floodwa)T Management Act, X76 -5 -101 et seq., MCA.
18.80.1100 FLOODWAY
The channel of a stream and the adjacent overbank areas that must be reserved in order to discharge a
base flood (100 -year flood) without cumulatively increasing the water surface elevation more than one
half foot.
18.80.1110 FLOODWAY FRINGE
The portion of the floodplain that is outside the limits of the floodway.
Ordinance 1769 Fffecrivc. January 30, 2010 page 80 -13
18.80.1120 FOOD PROCESSING FACILITY
,1 facilityy in which food is processed or otherwise prepared for eventual human consumption but not
consumed oil the premises.
18.80.1130 FOOTCANDLE
A unit of light intensity stated 111 luine.Ils per Square foot a11d measurable with all llluillinaticc meter.
18.80.1140 FREESTANDING SIGN
Any sign supported by structures or supports that are placed oil, or anchored in, the ground and that are.
independent from ally building or other structure.
18.80.1150 FRONT LINE OF BUILDING
The line of the face of a building nearest the front lot line.
18.80.1160 FRONT YARD
A yard extending across the full width of the lot between two side lot lines, the depth of which is the
least distance between tile. street right -of -way and the front building line.
18.80.1170 GARAGE, PRIVATE
A detached acccssoi building, or portion of a main building, designed or primarily used for the storage
of self- propelled vehicles for the household housed in the building to which such garage is accessory.
18.80.1180 GARAGE, PUBLIC
Any building or premises, except those defined herein as a private: garage, used for the storage or care of
motor vehicles; or where such vehicles are equipped for operation, repaired or kept for rental, hire or
sale.
18.80.1190 GLARE
The sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance
and visibility to the eye.
18.80.1200 GOVERNING BODY
The governing authority of a city ()I town organized pursuant to law. In the Cit of 11o7.ernall, the City
Commission is the governing authority.
18.80.1210 GRADE
The lowest point of elevation of the finished surface of the ground between the exterior wall of a
building and a point 5 feet distance from the wall, or the lowest point of elevation of the finished
surface of the ground between the exterior wall of the building and the property line if it is less than 5
feet distance from the wall. If walls are parallel to and within 5 feet of a public sidewalk, alley or other
public way, the grade shall be the elevation of the sidewalk, alley or public way. "1~irdshed surface of the
ground" shall not include window wells, stairwells or other similar features, but shall include features
such as usable patio areas.
18.80.1220 GREEN
An open space available for unstructured recreation, with landscaping consisting of maintained grassy
areas, trees and other vegetation.
Ordinance 1769 Effective January 30, 2010 page 80 -14
18.80.1230 GREENHOUSE
A building or structure constructed chiefly of glass, glass -like translucent material, cloth, lath or similar
materials which is devoted to the protection or cultivation of flowers or other plants.
18.80.1240 GROUND FLOOR AREA
The square: foot area of a building within its largest outside dimension computed on a horizontal plane
at the ground floor level, exclusive of open porches, breezeways, terraces, garages, exterior stairways and
secondary stairways.
18.80.1250 GROSS ACREAGE
T'he total area of a parcel including the area of perimeter street rights -of -way to the centerline of the
street.
18.80.1260 GROSS DENSITY
The number of residential dwelling units per unit of land used for residential purposes, with unit of land
being the gross residential acreage.
18.80.1270 GROUNDCOVER
Natural mulch or plants of species which normally reach a height of less than 2 feet upon maturity,
installed in such a manner so as to form a continuous cover over the ground.
18.80.1280 GROWTH POLICY
An official public document adopted and used by a local government as a general guide for development
and conservation decisions. It is not a regulation; rather, it is an official statement of public police to
guide growth and change. The required and optional elements of a growth policy are listed in \S 76-1
601, NIGA.
18.80.1290 GUEST HOUSE
An attached or detached accessory building used to house guests of the Occupants of the principal
building, and which is never rented or offered for rent. Any guest house providing cooking facilities (e.g.
full size dishwasher, more than a bar sink, or a stove) shall be considered a dwelling unit.
18.80.1300 HEALTH AUTHORITIES
The State Department of Environmental Quality, local environmental health specialist or other
authorized representative.
18.80.1310 HEALTH AND EXERCISE ESTABLISHMENTS
An establishment designed and equipped for the conduct of sports, exercise activities and other
customary and usual recreational activities, including tennis, racquetball, handball and squash courts,
martial arts, gymnastics, weight and aerobic exercise rooms, runr ing facilities, swimming pools, }Toga,
sport dancing, and whirlpool and sauna facilities. Permitted accessory uses shall include child care, sun
tanning booths, massage, health and nutrition counseling services, retail sales of sporting goods and
restaurant services.
18.80.1320 HEIGHT OF LOW PROFILE SIGN
The vertical distance between the finished grade and the highest component of the sign.
18.80.1330 HEIGHT OF POLE STYLE SIGN
1 "he vertical distance between the elevation of the adjacent street curb, or edge of pavement if no curl)
exists, to the highest attached component of the sign. In the event that the finished grade of the sign
Ordinance 1769 Fffective. )anuary 30, 2010 page 80 -15
location is higher, or lower, than the adjacent street curb or edge of pavement, the height shall be
determined as the vertical distance from the median elevation between the adjacent street curb or edge
of pavement and the lowest finished grade at the base of the sign to the highest attached component of
the sign.
18.80.1340 HISTORIC SITE
The location of a significant event, a prehistoric or historic occupation or activity, or a building; or
structure, whether standing, ruined or where. the location itself possesses significant historic,
cultural or archaeological value. The value of a site shall be based on the ability of the site to meet the
eligibility requirements for historical significance as described by the National Register of 1listoric.
Places.
18.80.1350 HOME BASED BUSINESS
Any business, occupation or activity undertaken for gain within a residential structure that is incidental
and secondary to the use of that structure as a dwelling. Home based businesses arc subject to the
requirements of this title.
18.80.1360 HOME OFFICE
,\n accessory use in which work for compensation is undertaken, including, but not limited to, receiving
or initiating; correspondence, such as phone calls, mail, faxes or e -mail; preparing or maintaining
business records; word and data processing; and telephone, snail order and off-premise sales.
18.80.1370 HOSPITAL
,(1n institution for the diagnosis, treatment or other cure of human ailments and which may include a
sanitarium or clinic, provided such institution is operated by, or treatment is given, under direct
supervision of a physician licensed to practice by the State of Nlontana.
18.80.1380 HOTEL OR MOTEL
.1 building or a group of buildings in which lodging is provided and offered to transient guests for
compensation; shall not include a boarding house, extended stay lodgings, lodging house or rooming
house.
18.80.1390 HOUSEHOLD
A person living alone, or any of the following groups living together as a single nonprofit housekeeping
unit and sharing common living, sleeping, cooking and eating facilities:
A. An number of people related by blood, marriage, adoption, guardianship or other duly-
authorized custodial relationship;
B. Not more than four unrelated people, including persons enrolled in an institution of higher
learning;
C. Two unrelated people and any children related to either of them; or
D. Not more than four people who are:
1. Residents of a "Community Residential Facility" as defined in 76 -2 -411 et seq., MC2y
and this title, or
2. "Handicapped" as defined in the Fair Housing i1ct, 42 tISC X3602 (h). This definition
does not include those persons currently illegally using or addicted to a "controlled
substance" as defined in the Controlled Substances Act, 21 LJSC 802 (6).
E, "Household" does not include:
Ordinance 1769 Effective anuary 30, 2010 page 80 -16
I \ny societ club, fraternity, sorority, association, l odge, combine, federation, coterie,
cooperative housing or like organization;
2. \ny group of individuals whose association is temporary or seasonal in nature; or
3. \ny group of indiv iduals who are in a group living arrangement as a result of criminal
offenses.
18.80.1400 ILLUMINANCE
The quantity of light measured in foorcandles or lux. The density of the luminous flux incident on a
surface; it is the quotient of the luminous flux by the area of the surface when the latter is uniformly
illuminated.
18.80.1410 IMMEDIATE FAMILY
spouse, children by blood or adoption, and parents.
18.80.1420 INCIDENTAL
Any action or use of less inlpottancc, or seco ndary to, any other action or use.
18.80.1430 INCIDENTAL SIGN
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," "telephone," and other similar directives. No
sign with a commercial messagc, which is designed with the intent to be legible from a position off the
zone lot on which the sign is located, shall be considered incidental.
18.80.1440 INDUSTRY, HEAVY
Those industries whose processing of products results in the emission of any atmospheric pollutant,
light flashes, glare, odor, noise or vibration which may be heard and /or felt off the premises and those
industries which constitute a fire or explosion hazard.
18.80.1450 INDUSTRY, LIGHT
Those industries whose processing of products results in none of the conditions described for heavy
industry.
18.80.1460 INTERCHANGE ZONE
Districts created for the purpose of allowing larger and /or additional signage for the areas adjacent to
the Interstate 90 interchanges at Fast Main Street, North 7th Avenue. and North 19th \venue which are
located within the Ia.nta Overlay District, B -2 Zoning District and within 1,300 feet of the Interstate
90 right -of -way.
18.80.1470 IRREGULARLY SHAPED TRACT OF LAND
A parcel of land other than an aliquot part of the United States Government survey section or a United
States lot, the boundaries or areas of which cannot be determined without a survey or trigonometric
calculation.
18.80.1480 LANDMARK
A site, structure or object designate as a "landmark" pursuant to the procedures prescribed in C hapter
18.28, BMC, that is worth) of preservation, restoration or rehabilitation because of its historic land
planning or architectural significance and officially recognized through listing in the National Register of
IIistoric Places. A landmark shall be subject to all neighborhood conservation overlay district
procedures and requirements.
Ordinance 1769 Fffective 1anua 30, 2010 page 80 -17
18.80.1490 LANDSCAPE ARCHITECT
A person licensed to practice landscape architecture in the State of Montana.
18.80.1500 LANDSCAPING
At least 75 percent coverage of an area with natural gnlss, vegetative grou ndcover or other natural living;
plant materials, the remainder c:>f which is covered with nonveg;atative decorative landscape design
elcnlcrits such as washed rock, lava rock, bark chips and ornamental features such as pools, fountains,
benches, ctc. For purposes of this title, the term landscaping sliall be considered to have the same
meaning as the terms landscape, landscaped and landscaped area.
18.80.1510 LARGE SCALE WIRELESS FACILITY
A wireless facility 25 feet or greater in height front the base. to the highest point including; attachments.
I.?xamples ()f supporting structures are monopoles, self supporting (lattice) towers, guy -wire supported
towers and other similar structures When calculating the height of a facility, other structures designed
for other uses such as buildings or water towers shall not be included in the calculation. Some
illustrated examples of large scale wireless facilities arc shown in the appendix.
18.80.1520 LARGE SHRUB
A shrub which normally reaches a height of 5 feet or more upon maturity, and usually has five or more
canes.
18.80.1530 LARGE TREE
.1 tree of a species which normally reaches a height of 25 feet or more upon maturity, and usually has a
s111 rlc stem.
18.80.1540 LEVEE
A man -made embankment, usually earthen, designed and constructed in accordance with sound
engineering; practices to contain, control or divert the flow of water to provide protection from
temporary flooding.
18.80.1550 LEVEE SYSTEM
A flood protection system that consists of a levee, or levees, and associated structures, such as drainage
and closure devices, which arc constructed and operated in accordance: with sound engineering
practices.
18.80.1560 LIGHT CONSTRUCTION
Any change not construed as an alteration or repair, including paving of established driving and parking
areas (subject to the requirements of Chapter 18,46, BMC); construction of patios not greater than 120
square feet in size; construction of sidewalks not `eider than 5 feet; and landscaping (but not including
major changes in grading or site surface drainage).
18.80.1570 LIGHT GOODS REPAIR
Establishments primarily engaged in the provision of repair services to individuals and households as
well as businesses, but excluding automotive, boat and similar intensive repair use types. 'Typical uses
include, but are not limited to, the repair of appliances, shoes or clothing, watches or jewelry
instruments, office equipment or electronics.
18.80.1580 LIGHT SOURCE
i1 single artificial point source of light that emits measurable radiant energy in or near the visible
spectrum.
Ordinance 1769 Fffcctivc January 30, 2010 page 80 -18
18.80.1590 LIGHT TRESPASS
Light emitted by a lighting installation that extends beyond the boundaries of the property on which the
installation is sited.
18.80.1600 LIMITED ACCESS
;1 way or means of allowing physical entrance to land at controlled locations or points. Y1 "no access"
strip or line may be placed oil a plat as a means of limiting access.
18.80.1610 LIMITED ACCESS ROADWAY
A street or road especially designed for through traffic, over which abutting land owners liave no right
to direct access.
18.80.1620 LOCAL SERVICES
All services provided by governmental bodies for the benefit of citizens. These services include, but are
not limited to, police, fire, water, recreation, streets, parks, libraries, schools, and wastc:watcr and solid
waste collection and disposal.
18.80.1630 LODGING HOUSE
A building with not more than tell guest rooms where lodging with or without meals is provided for
compensation to persons not meeting the definitions of household, community residential facility,
cooperative household, fraternity or sorority. Also referred to as a boarding house.
18.80.1640 LOT
A piece, parcel, plot, tract or area of land in common ownership created by subdivision or its legal
equivalent for sale, lease or rent. i1 lot has the characteristics of being able to be occupied or capable. of
being occupied by one or more principal buildings, and the accessory buildings or vises customarily
incidental to them, and including the open spaces required under tlus title, and hawing its principal lot
frontage on a street. When one or more lots are held in common ownership tlu'y shall be treated a as
single lot for the purposes of development review and evaluation of compliance with the standards of
this title.
18.80.1650 LOT AREA
The total horizontal area within the boundary lines of a lot.
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 prinncipal 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.
18.80.1660 LOT MEASUREMENTS
y\. Lot Depth The horizontal distance of a lime measured at a right angle to the front lot line and
running between the front lot line and rear lot line of a lot.
B. Lot_ Width The distance as measured in a straight line, between side lot lines at the points of
intersection with the required front building Tune.
C. lot Frontage The horizontal distance between the side lot lines measured at the point whcrc the
side lot lines intersect the street right -of -way. All sides of a lot that abuts a street shall be
considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered
the lot frontage.
Ordinance 1769 Fffective 1anuary 30, 2010 page 80 -19
la. 1 -ot -\rea "file total horizontal area within the boundary lines of a lot.
18.80.1670 LOT TYPES
Corner Lot lot at a junction of, and fronting; on, two or more intersecting; streets.
B. Interior Lot f\ lot other than a corner or through lot.
C. Double_ Frcntag c or Through Lot A lot having; frontage on two parallel, or approximately
parallel, streets.
1). Reverse Frontage Lot f\ double frontage or through lot that is not accessible from one of the
parallel or noninterse.cting streets on which it fronts.
18.80.1680 LOT LINE, FRONT
In the case of an interior lot, a line separating; the lot from the street, in the case of a corner lot, a line
separating the narrowest street frontage of the lot from the street and in the case of a double frontag;c or
through lot, a line separating; the lot from the street from which a drive access may be permitted by the
City.
18.80.1690 LOT LINE, REAR
lot line which is opposite and most distant from the front lot line and, in the case of an irregular or
triangular shaped lot, a line 10 feet In length wlthlll the lot, parallel to and at the maximum distance from
the front lot line.
18.80.1700 LOT LINE, SIDE
Any lot boundary line not a front lot line or a roar lot line.
18.80.1710 LOT LINE, ZERO
concept utilized to permit a structure or wall of a building to be located on a property line.
18.80.1720 LOT WIDTH
The distance as measured in a straight line, between side lot lines at the points of intersection with the
required front building; line.
18.80.1730 LOT WITH RESIDENTIAL ADJACENCY
Any of the following:
z\ building site in a residential zoning district, if the site abuts or is directly across a street or alley
from an R -1, R -2, R -3, R -4 or R -O zoning; district;
B. A building site in a nonresidential zoning district, if the site abuts or is directly across a street or
alley from an R -S, R -1, It -2, R -3, R -4 or R -O zoning district;
C. \n artificial lot in a residential district, if the lot is less than 200 feet from an 'R -1, R -2, R -3, R -4
or R -O zoning; district; or
D. An artificial lot in a nonresidential zoning; district, if the lot is less than 200 feet from an R -S, R-
1, R -2, R -3, R -4 or R -O zoning; district.
18.80.1740 LOW PROFILE SIGN
freestanding sign composed of a solid structure between finished grade and the top of the sign. Mso
referred to as a monument sign.
Ordinance 1769 Effective January 30, 2010 page 80 -20
18.80.1750 LUMINAIRE
A complete lighting unit consisting of a light source and all necessary mechanical, electrical and
decorative parts; also called the lighting fixture:.
18.80.1760 LUMINANCE
The physical and measurable luminous intensity of a surface: (e.g., a lamp, lunnnaire., reflecting material)
in a specific area and 11ncasurable with an illuminance meter. The quotient of the. luminous flux at an
cicnnent of the surface surrounding the point, and propagated in directions defined by an elementary
cone containing; the given direction, by the product of the solid angle of the coney and area of the
orthogonal projection of the element of the surface on a plane perpendicular to the given direction. The
luminous flux may be Leaving, passing through and /or arriving at the surface.
18.80.1770 LUX
unit of light inteisity stated in luinelns per square: meter. 'There is approximately 10.7 lux per
fo otcandle.
18.80.1780 MANUFACTURED HOME
1 factory- built, single- household structure that is manufactured under the authority of 42 LTSC X5401,
the National 1\1anufacture.d Ilome Construction and Safety Standards 21ct, is built on a permanent
chassis, and is used as a place for human habitation, but which is not constructed or equipped with a
permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to
a permanent site., and which does not have wheels or axles permanently attached to its body or frame.
This definition specifically does not include recreational vehicles. Any dwelling meeting the definition of
modular home.. is not a manufactured home.
18.80.1790 MANUFACTURED HOME LOT OR SPACE
,1 lot for rent or lease in a manufactured housing community designated for the accominodation of one
manufactured home and its accessory buildings or structures for the exclusive use of the occupants.
18.80.1800 MANUFACTURED HOME STAND
That area of a lot for rent or lease which has been prepared for the placement of a manufactured home
ill a manufactured home community.
18.80.1810 MANUFACTURED HOME COMMUNITY
,\ny piece of real property under single ownership or control for which the primary purpose is the
placement of two or more manufactured homes for permanent residential dwellings and for the
production of income. A manufactured housing community does not include real property used for the
display and sale of manufactured units, nor does it include real property used for seasonal purposes only,
as opposed to year -round occupancy. home sites within the community are leased to individual
homeowners, who retain customary leasehold rights.
18.80.1820 MANUFACTURING
The creation of products either with machinery or by hand according to an organized plan and with the
division of labor.
18.80.1830 MANUFACTURING, LIGHT
I abrication of anti /or assembly of goods from previously prepared materials.
Ordinance. 1769 Effective. January 30, 2010 page 80 -21
18.80.1840 MEAN SEA LEVEL
The National Geodetic Vertical Datum (NGN of 1929 or other datum to which base flood elevations
arc references.
18.80.1850 MEDICAL OFFICES, CLINICS AND CENTERS
An establishment where patients arc admitted for special sandy and treatment by licensed health cage
professionals, including acupuncturists and chiropractors.
18.80.1860 MICRO -SCALE WIRELESS FACILITY
A wireless facility, less than 10 feet in height from the base to the highest point, including attachments.
When calculating the height of a facility, other structures designed for other uses such as buildings or
water towers shall not be included in the calculation.
18.80.1870 MINING
The extraction of sand, gravel or other material from the land ill the amount of four- hundred cubic
yards or more and the removal thereof from the site without processing.
18.80.1880 MINI WAREHOUSE (WAREHOUSE, RESIDENTIAL STORAGE)
A building or group of buildings In a controlled access and fenced or screened compound that contains
relatively small storage spaces of varying sizes and /or spaces for recreational vehicles or boats, having;
individual, compartmeritali7cd and controlled access for the dead storage of excess personal property of
an individual or household generally stored in residential accessory structures, when such building or
group of buildings are not located on the lot of the residence.
18.80.1890 MINOR SUBDIVISION
A subdivision that creates five or fever lots from a tract of record.
18.80.1900 MOBILE HOME
.A transportable, manufactured structure, suitable for year -round single- household occupancy and having
water, electrical and sewage connections similar to those of conventional dwellings. This defirnition
applies only to units constructed prior to the Federal Manufactured Housing Construction and Safety
Standards /yct of 1974, which became effective. June 15, 1976. Compare with the definition of
manufactured home:.
18.80.1910 MOBILE OFFICE
A factory assembled structure or structures exceeding 8 feet in width, originally equipped with the
necessary service connections, and originally made so as to be readily movable as a unit or units on its
(their) own running gear and designed to be Used as an office without a permanent foundation, in
compliance with all applicable state regulations, whether or not the running gear has been removed.
18.80.1920 MODEL HOME
A home constructed to display a builder's for sale or lease units but which does not serve as a dwelling
unit until sold as a residence.
18.80.1930 MODULAR OR SECTIONAL HOME
A dwelling unit meeting the standards of the International Building Code which was mass produced in a
factor- designed and constructed for transportation to a site for occupancy when connected to the
required utilities and when permanently anchored to a permanent foundation, whether untended for use
as an independent, individual unit or in combination with other units to form a larger building, and
which does not have integral wheel, axles or hitch. For the purposes of locating a dwelling according to
Ordinance 1769 Lffectivejanuary 30, 2010 page 80 -22
the standards of this title there is no distinction made between a dwelling; constructed wholly or partly
off -site and a dwelling; constructed on -site so long; as they meet the standards of the City's adopted
International lluilding C,odc.
18.80.1940 MONUMENT (PERMANENT MONUMENT)
Any structure of masonry, metal or other permanent material placed in the ground which is exclusively
identifiable as a monument to a survey point, expressly placed for surveying reference.
18.80.1950 NATURAL ENVIRONMENT
The physical conditions which exist within a given area, including land, water, Mineral, flora, fauna,
noise, light, and objects of historic or aesthetic significance.
18.80.1960 NEIGHBORHOOD COMMERCIAL CENTER
Commercial uses oriented at seining the needs of neighborhoods. These areas are typified by smaller
scale shops and services, and a high level of pedestrian, bicycle and transit opportunities. Neighborhood
commercial centers arc intended to support and help give identity to individual neighborhoods by
providing a visible and distinctive focal point..A neighborhood commercial center may also contain uses
that draw from more than the immediate vicinity, especially when located adjacent to arterial streets.
Activities commonly expected in this classification are daycares, smaller scale groceries, bakeries, coffee
shops, retail stores, small restaurants, offices and residences above other uses.
18.80.1970 NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT
An area designated as the neighborhood conservation overlay district on the City zoning snap pursuant
to the procedures set forth herein.
18.80.1980 NET RESIDENTIAL DENSITY
The number of residential dwelling units per buildable unit of land, excluding any land used or to be
used as street rights -of -way, parks, public buildings or private nonresidential uses. For calculating net
residential density, the following formula shall apply:
D du
A (c+i +s+a +d)
Where D Residential density
du =Total number of dwelling units in project
A =Total site area (acres)
c '1 "otal commercial land area (acres)
i Total industrial land area (acres)
s Reserved but undedicated school or park sites (acres)
a Street, public or private, rights -of -way and transportation easements (acres)
d Dedicated park lands, conservation easements, or common open spaces (acres)
18.80.1990 NEW CONSTRUCTION
Development cotnmenced on or after the effective date of the ordinance codified in this title.
18.80.2000 NONBROADCAST TELECOMMUNICATION FACILITY
A facility used for the transmission or enhancement of telecommunications which does not include the
presence of antennas, as defined in this title. A nonbroadcast telecommunication facility does not
include office use, materials storage or other similar uses.
Ordinance 1769 Fffcctive January 30, 2010 page 80 -23
18.80.2010 NONCANOPY TREE
iy large tree which In its native' state has at maturity canopy vegetation less than 6 feat above the ground.
18.80.2020 NONCOMMERCIAL SPEECH
,1ny sig17 wording, logo or other representation that does not directly or indirectly name, advertise or call
attention to a business, product, service or other commercial activity.
18.80.2030 NONCONFORMING SIGN
A sign that does not conform to the provisions of Chapter 18.52, BMC;.
18.80.2040 NONCONFORMING STRUCTURE
Any structure which was legal prior to the effective date of the ordinance codified in this chapter which
fails to comply with the building location standards, and /or size requirements of the applicable zone of
this title in which it is located.
18.80.2050 NONCONFORMING USE
An existing use of land or building which was legal prior to the effective date of the ordinance. codified
in this title but which fails to comply with the requirements set forth in this title applicable to the zone
in which such use is located.
18.80.2060 NOXIOUS MATTER OR MATERIAL
111atcrial capable of causing injury to living organisms by chemical reaction or capable of causing
detrimental effects on the physical or economic well -being of individuals.
18.80.2070 NURSING HOME
Ali extended or intermediate care facility licensed or approved to provide full time convalescent or
chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to
care for themselves.
18.80.2080 NURSERY, PLANT
1 acilities for commercial development, growth and sale of plants and /or for the utilization of and
storage of equipment for landscaping operation and wholesale and /or retail or commercial gardening
supplies.
18.80.2090 OFF PREMISE SIGN
A sign which advertises or directs attention to products or activities that are not provided on the parcel
upon which the sign is located.
18.80.2100 OFFICES
Buildings or portions of buildings in which commercial activities take place but where goods arc not
produced, sold or repaired. These include but are not limited to general and professional offices;
governmental offices; insurance offices; real estate offices; taxicab offices (but not taxi stands); travel
agency or transportation ticket offices; telephone exchange; utility offices; radio broadcasting and similar
uses.
18.80.2110 OFFICIAL FLOODPLAIN MAPS
The Flood Insurance Rate Maps and lalood Boundary /Floodway 1\1aps provided by FEKk for the City
dated July 15, 1988 and incorporating any approved updates or revisions.
Ordinance 1769 Effective January 30, 2010 page. 80 -24
18.80.2120 ONE HUNDRED YEAR FLOOD
11 flocxl having a orie percent chance. of being equalled or exceeded in aia}' given year. 11)0 -year flood
has ticarly a 23 percent chance of occurring; in a 25 -year period. A 100 -year flood is the same as a base
flood.
18.80.2130 OPEN SALES (OR RENTAL) LOT
Any land used or occupied for the purpose of buying;, selling; or renting for use away from the premises,
any goods, materials or merchandise, and for the exterior storing of same prior to sale or rental.
18.80.2140 OPEN SPACE
a1 land or water area devoid of buildings and other physical structures except where acccssory to the
provision of recreation, including; but not limited to benches, picnic tables and interpretive signage.
18.80.2150 OPEN SPACE, USABLE
That space which is capable of being used by the public for recreation, relaxation and social purposes.
Parking lots and perimeter landscaping are specifically excluded from this definition of usable open
space, except as allowed by 18.36.090, BI\1C.
18.80.2160 ORDINARY HIGH WATERMARK
The outermost line caused by water impressing on land and covering it for sufficient periods to cause
physical characteristics that distinguish the area below the line from the area above it. Characteristics of
the area below the line include., when appropriate, but are not limited to, deprivation of the soil of
substantially all terrestrial vegetation and destruction of its agricultural vegetative value. i1 flc>odplain
adjacent to surface waters is not considered to lie within the surface water's high water marks.
18.80.2170 OVERLAY ZONE
A zone superimposed upon an underlying; zone which establishes special requirements in addition to, or
in lieu of, those of the underlying zone.
18.80.2180 PARAPET
That part of the wall which extends above the roof. For the purposes of this title relating to signage, the
top of the parapet shall be considered to be the roofline.
18.80.2185 PARK
For the purposes of this title only, park means an open space, as defined in this title, under the
ownership or other legal control of the City of Bozeman which provides area for active and passive
recreational purposes.
18.80.2190 PARKING AREA
21n area, other than a street or alley designated for use, or used, for temporary parking of vehicles.
18.80.2200 PARKING SPACE, OFF STREET
A space designated for the temporary parking of a motor vehicle not on the right -of -way or alley but
accessible from a street or alley.
18.80.2210 PARTY WALL
1ny wall of a building or structure which is common to two or more buildings, and which has a
minimum of one -hour fire- resistant construction as defined and regulated by the latest adopted
International Building Code.
Ordinance 1769 Effective January 30, 2010 page 80 -25
18.80.2220 PATHWAY
facility that accommodates the recreational and /or transportation needs of pedestrians and bicyclists,
including; sidewalks, bike lanes, boulevard trails and trails.
18.80.2230 PAVED PARKING SPACE OR SURFACE
An area covered by an impervious dust free surface of asphalt or concrete designed to specifications of
the City I?ng;inccr.
18.80.2240 PENNANT
Any lightweight plastic, fabric or other material, whether or not containing a message of any kind,
suspended from a rope, wire or string, usually in series, designed to move in the wind.
18.80.2250 PERMEABLE PAVEMENT
1 paving; material that permits water penetration to a soil depth of 18 inches or more. Permeable
Pavement may consist of nonporous surface materials poured or laid in sections not exceeding one
square foot in an area and collectively comprising less than two- thirds of the total surface area.
18.80.2260 PERMITTED USE
A use which is lawfully- established its a particular district or districts and which conforms with all
requirements, regulation and performance standards of such district. A pernutted use may be a
principal use, an accessory use or a conditional use.
18.80.2270 PERSONAL AND CONVENIENCE SERVICES
Businesses offering services such as barbershops, beauty shops, tailors, shoe repair, tattooing, massage,
laundromats, laundry and dry cleaning pickup and delivery stations, and similar uses. Some production
of finished goods may occur as an activity accessory to the delivery of services.
18.80.2280 PERSONAL PROPERTY
Property, other than real property, consisting of things temporal and movable.
18.80.2290 PERSONS
Includes any individual or group of individuals, corporations, partnerships, associations or any other
organized group of persons, including state and local governments and agencies thereof.
18.80.2300 PLANNED UNIT DEVELOPMENT (PUD)
A land development project consisting of residential clusters, industrial parks, shopping centers, or
office building parks or any combination thereof that compose a planned mixture of land uses built in a
prearranged relationship to each other and having open space and community facilities in a common
ownership or use, and /or public parkland.
18.80.2310 PLANNING BOARD
The Bozeman Planning Board.
18.80.2320 PLANNING DEPARTMENT
The Bozeman Department of Planning; and Community Development.
18.80.2330 PLANNING DIRECTOR
The Director of the Bozeman Department of Planning and Conununity Development and the person
charged with the administration of this title unless otherwise specifically noted in this title.
Ordinance 1769 1:?ffective_Ianuary 30, 2010 page 80 -26
18.80.2340 PLAT
A graphical representation of a subdivision showing the division of land into lots, parcels, blocks,
streets, alleys, and other divisions and dedications.
18.80.2350 PLAZA
An area generally open to the public on a controlled basis and used principally for passive recreational
activities and rclaxation. Plazas arc paved areas typically providing amenities such as seating, drinking
and ornamental fountains, art, trees and landscaping for use by pedestrians.
18.80.2360 POLE SIGN
A freestanding sign wlllcll is supported by a columli(s) or other structural member(s) that is permancntly
attached to the ground or a ground mounted structure and provides a nulumum of 8 feet of visible,
vertical clearance between the bottom of the sign and finished grade.
18.80.2370 PORTABLE SIGN
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be
transported, including, but not linuted to, signs designed to be transported by means of wheels; signs
converted to A or I -frames; balloons used as signs; umbrellas used for advertising; and signs attached
to or painted on vehicles parked and visible from the public right -of -way, unless said vehicle is used in
the normal Clay -to -day operations of the business.
18.80.2380 PRESERVATION BOARD
Tlic Bozeman Historic Preservation Advisory Board.
18.80.2390 PRIMARY ACCESS
T'lie major access to a subdivision. Thc. major access generally carries the most traffic as determined by
the traffic engineering study.
18.80.2400 PRINCIPAL USE
A use or structure which determines the predominant or major use of the lot on which it is located. The
principal use shall be that use which establishes the character of the property relative to surrounding or
adjacent properties.
18.80.2410 PRIVATE STREET
A right -of -way usable by the public but maintained by a property owners association.
18.80.2420 PROJECTING SIGN
Any sigi affixed to a building or wall in such a manner that its leading edge extends more than 6 inches
beyond the surface of such building or wall and is perpendicular to such building or wall.
18.80.2430 PROPER ACCESS
Either an improved public street or road, maintained by the City of Bozeman, Gallatin County or the
State of Montana; or a street or road built to the standards provided in these regulations.
18.80.2440 PROPERTY OWNER
.-any person, firm, corporation or other entity shown as being the legal owner of a tract, parcel or lot in
the records of the County Clerk and Recorder.
Ordinance 1769 Effective January 30, 2010 page 80 -27
I
18.80.2450 PROPERTY OWNERS ASSOCIATION
An association incorporated or not incorporated, combnnng indi6dual property ownership with shared
use or ownership of common property or facilities, or shared Inalnt:enance of subdivision or
community facilities. 'Phis definition includes condominium associations.
18.80.2460 PUBLIC BUILDING
1 building, supported by government funds, to be used in an official capacity on behalf of the entire
community.
18.80.2470 PUBLIC HEALTH AND SAFETY
A condition of optimal wall- being, free from danger or injury, for a community at large, not merely for
all individual or small group of persons.
18.80.2480 PUBLIC IMPROVEMENT
Am structure or facility constructed to serve the residents of a subdivision or the general public such as
parks, streets, sidewalks, curbs, gutters, street lighting, utilities and systems for water supply, scwagc
disposal and drainage.
18.80.2490 PUBLIC STREET OR ROAD
A street or road for which the right -of -way has been dedicated to the public.
18.80.2500 REAL PROPERTY
property consisting of buildings and /or land.
18.80.2510 REAR YARD
A yard extending across the full width of the lot between the two side lot lines the depth of which is the
distance required by this title between the rear property line and the rear building line.
18.80.2520 RECREATIONAL VEHICLE
A vehicular type portable structure without permanent foundation, which is built on a single chassis;
which is designed to be self propelled or permanently towable by a light duty truck; primarily designed
as temporary living accommodation for recreational, camping and travel use and including but not
limited to travel trailers, truck campers, camping trailers and self propelled motor homes less than 8 feet
in width and 50 feet in length.
18.80.2530 RECREATIONAL VEHICLE PARK
A plot of ground upon which two or more sites are located, established or maintained for occupancy by
the general public as temporary living quarters for travel, recreation or vacation purposes.
18.80.2540 RECREATIONAL VEHICLE SPACE
f\ lot for rent or lease within a recreational vehicle park designed for the placement of a single
recreational vehicle and the exclusive use of its occupants.
18.80.2550 RELOCATION
Any movement of a structure, on the same site or to another site.
18.80.2560 REPAIR
Any change not otherwise construed as light construction or an alteration, as herein defined, that
constitutes replacing broken, worn or damaged materials with like, not necessarily identical, materials
Ordinance 1769 Effective 1anuary 30, 2010 page 80 -28
and Is insignificant to the size and condition of the structure or property. Repainting and reroofing shall
be included under this definition of repair.
18.80.2570 REQUIRED FRONT BUILDING LINE
The line nearest to the front and across a lot establishing the minimum open space to be provided
between the front line of a building and the front lot line. See also definition of "setback line"
18.80.2580 REQUIRED REAR BUILDING LINE
The line nearest to the rear and across a lot establishing the minimum open space to be provided
between the rear line of a building and the rear lot line. See also definition of "setback line:
18.80.2590 REQUIRED SIDE BUILDING LINE
The line nearest to the side and extending between the required front building line and required real
building line establishing the mininnim open space to be provided between the side line of a building
and the side lot line.. See also definition of "setback line
18.80.2600 REQUIRED YARD
The minimum dimension of a front., side or rear yard as established by the use regulations for each
district.
18.80.2610 RESTAURANT
2 1 11 7 restaurant (except a drive -in restaurant or a convenience food restaurant as defined in this chapter),
coffee shop, cafeteria, short -order cafe., luncheonette, sandwich stand, drugstore and soda fountain
serving food.
18.80.2620 RETAIL
The rental or sale of tangible personal property for any purpose other than for resale.
18.80.2630 RETAIL, LARGE SCALE
The. sale of tangible personal property for any purpose other than for resale where the total area utilized
by a single: tenant, exclusive of parking, occupies 40,000 square feet or more.
18.80.2640 REVOLVING SIGN
Any sign which all, or a portion of, may rotate either on an intermittent or constant basis.
18.80.2650 RIDGELINE
Y1 relatively narrow elevation that is prominent because it rises at an angle of 25 percent or greater; an
elongated crest, or series of crests, with or without individual peaks, significantly higher than the
adjoining ground and often acting as the hydrologic dividing line between two or more drainage areas.
18.80.2660 RIDGELINE PROTECTION AREA
A ridgeline protection area is the area within 150 feet horizontal feet of a ridgeline, measured
perpendicular to the ridgeline when the ridgeline is:
A. Located in an area above 4,900 feet in elevation above mean sea level; and
B. When the elevation of a line parallel to the ridgeline loses either:
1. \t least 10 feet ill vertical elevation on both sides of the ridgeline within 100 feet; or
2. 1t least 30 feet in vertical elevation on both sides of the ridgcline within 300 feet.
3. A combination of the two standards where one side of the ridgeline meets one loss of
elevation standard and the opposite side meets the other.
Ordinance. 1769 Effective January 30, 2010 page 80 -29
18.80.2670 RIGHT -OF -WAY
linear public way established or dedicated for public purposes by duly recorded plat, deed, easement,
grant, prescription, condemnation, governmental authority or by operation of the law and intended to
be occupied by a street, crosswalk, railroad, electric transnnission lines, water line, sanitary sewer line,
stortnscwer line or other similar uses.
18.80.2680 ROADWAY
That portion of the street or road right -of -way which is improved or is proposed to be improved to
carry traffic and provide- for the on- street storage of automobiles; where curb is provided, the roadway is
measured froin back -of -curb to back -of -curb.
18.80.2690 ROOF SIGN
Any sign erected and constructed on and over the roof of a building, supported by the roof structure,
and extending vertically above any portion of the roof. Roof signs shall not include signs located on a
mansard roof if the sign is mounted vertically and integrated with the roof, For the purpose of this
chapter, architecturally integrated mansard signs and other architecturally integrated signs located below
the principal roof line shall be classified as wall signs.
18.80.2700 SCHOOL
Any 1) pre primary, primary or grammar, public, parochial or private school or high school; 2)
preparatory school or academy, public or founded, or owned or conducted by or under the sponsorship
of a religious or charitable organization; 3) private preparatory school or academy furnishing courses of
instruction substantially equivalent to the courses offered by public high schools for preparation of
admission to college or universities which award B.A. or B.S. degrees; 4) junior college: or university,
public or founded, or conducted 1))' or under the sponsorship of a religious or charitable organization;
or 5) private school when not conducted as a commercial enterprise for the profit of individual owners
or stockholders.
18.80.2710 SCREENING
A method of visually shielding or obscuring an abutting or nearby structure or use from another
through the use of solid or nearly solid barriers (e.g., wall, fence, plantings, berms).
18.80.2720 SECURITY LIGHTING
All outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards,
parking lots and outdoor security where general illumination for safety or security of the grounds is the
primary concern.
18.80.2730 SECOND OR SUBSEQUENT FRONT YARD OR CORNER SIDE YARD
A yard on a corner lot the area of which is bounded by a line extending from the front of the principal
building (the front building line) to a point intersecting the side street right -of -way line (side lot line),
then along the side lot line to a point intersecting the rear lot line, then along the rear lot line to a point
intersecting the line formed by extending the wall of the nearest principal building paralleling the side lot
line.
18.80.2740 SETBACK
The distance from the property line to the nearest part of the applicable building, structure or sign,
measured perpendicularly to the property line.
Ordinance 1769 Effective January 30, 2010 page 80 -30
18.80.2750 SETBACK LINE
That line that is the required to iinitlnlm distance from the street right -of -way or public access easement
line or any other lot line that establishes the area within which structures must: be placed, as specified in
this title.
18.80.2760 SEWER, PUBLIC
Any sanitary sewer line owned and maintained by the City, whether or not installed by the City.
18.80.2770 SHARED ACCESS
11 fixed automotive and pedestrian access location from a street to two or more adjoining properties
which mutually have the right and ability to use the access, and which has been established by an
casement or other legally binding means.
18.80.2780 SHOPPING MALL
A multi- tenant retail structure where tenants are located on both sides of a covered walkway with direct
pedestrian access to all establishments from the walkway.
18.80.2790 SIGN
,1ny device, fixture., placard or structure that uses airy color, form, graphic, illumination, symbol or
writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to
communicate information of any kind to the public.
18.80.2800 SIDE YARD
1 yard extending bcrwecn the front building line and the rear building Pule, the width of which is the
least distance between the side lot line and the nearest part of the principal building.
18.80.2810 SITE PLAN
/1 scale drawing showing the accurate location of all structures, streets, alleys and parking areas, existing
and proposed, on subject property or any other information as may be required by this title.
18.80.2820 SMALL SCALE WIRELESS FACILITY
y wireless facility less than 25 feet in height from the base to the highest point including attachments.
Fxamplcs of supporting structures are monopoles, self supporting (lattice) towers, guy -wire supported
towers and other similar structures. When calculating the height of a facility, other structures designed
for other uses such as buildings or water towers shall not be included in the calculation. This definition
excludes those facilities meeting the definition of micro -scale wireless facility. Sonic illustrated examples
of locations for possible small scale wireless facilities are shown in the appendix.
18.80.2830 SMALL TREE
A tree of a species which normally reaches a height of less than 25 feet upon maturity.
18.80.2840 SOIL
medium in which plants will grow.
18.80.2850 SPECIAL EVENT SIGN
A temporary sign which advertises special civic events and activities such as street fairs, community
festivals, parades, farmers markets and charity benefits.
Ordinance 1769 Effective _1anuary 30, 2010 page 80 -31
18.80.2860 SQUARE
Open space that may encompass an entire block, is located at the intersection of iimportant streets, and
is set aside for civic put7x>ses, and consists of paved walks, lawns, trees and civic buildings.
18.80.2870 STABLE, COMMERCIAL
1ny building or complex of buildings and pastures .which is designed, arranged, uscd or intended to be
used for equestrian purposes, where less than 75 percent of the capacity is for the use of the owner or
resident of the property. �1 public stable is an agricultural activity.
18.80.2880 STABLE, PRIVATE
Any building located on a lot which is designed arranged, used or intended to be used for not more
than four horses for the private use of the owner of the lot, but shall not exceed 6,000 square feet ill
area.
18.80.2890 START OF CONSTRUCTION
The commencement of clearing, grading, filling or excavating to prepare a site for construction.
18.80.2900 STEALTH, OR CAMOUFLAGED
Placement of a wireless facility in such a way that it may not be discerned as being separate from the
principal use of a site.. This may be accomplished through visual screening, use of color or encasement
of the facility within an existing structure such as a steeple. r1 stealth installation may also include the
placement of a ttcw structure to contai the facility so long as the new structure complies with the
height, setback and other requirements of the zoning coda or is otherwise exempt from those.
requirements.
18.80.2910 STREET
21 right -of -way, dedicated or otherwise legally established, for public use by motorized and non-
motorized vehicles and pedestrians, usual affording the principal means of access to abutting property.
18.80.2920 STREET FRONTAGE
Ain) pr o p erty line se p arating a lot from a street other than all alley; the front lot line.
18.80.2930 STREET, PUBLIC
Any street which has been dedicated to or is otherwise publicly owned. 1ny street not a public street
shall be deemed a private street.
18.80.2940 STREET TYPES
For the purposes of these regulations, street type are defined as follows:
A. Alley A street used primarily for vehicular access to the rear of properties which abut and arc
served by public or private streets.
B. Arterial A street or road having the primary function of moving traffic with emphasis on a high
level of mobility for through movement and the secondary function of providing limited access
to adjacent land. lrterial streets are generally designated in the Bozeman transportation plan,
however, streets not depicted in the Bozeman transportation plan may be designated as arterials
by the City Engineer.
1. Principal Arterial Serves the major centers of activity, the highest traffic volume
corridors, and the longest trip distances in an urbanized area. This group of streets
carries the highest proportion of the total traffic within the urban area with typical loads
of 10,000 to 35,000 vehicles per day. Most of the vehicles entering and leaving the urban
Ordinance 1769 Fffective_1artuary 30, 2010 page 80 -32
area, as well as most through traffic bypassing the central business district, utilise.
principal arterials. Significant intra -area travel, such as between central business districts
and outlying residential areas, and between major suburban centers, are served by major
arterials.
2. Minor ilrterial Interconnects with and augments the urban principal arterial s}�steln. It
accolilmodates trips of moderate length and at a somewhat lower level of travel mobility
than principal arterials, and it distributes travel to smaller geographic. areas. With an
emphasis on traffic mobility, this street network includes all arterials not classified as
principal arterials while providing access to adjacent lands. Minor arterials typically carry
5,000 to 15,000 vehicles per day.
C. Collector A street or road that provides equal priority to the movement of traffic, and to the
access of residential, business aIld industrial areas. This type of roadway differs from those of
the arterial system in that the facilities oil the collector system may traverse residential
neighborhoods. "file. system distributes trips from the arterials to ultimate destinations. The
collector streets also collect traffic front local streets in the residential neighborhoods,
channeling it into the arterial system. C ollectors typically carry 2,000 to 10,00() vehicles per day.
Collector streets are typically designated in the Bozeman transportation plan, however,
additional streets may be designated as collectors by the City Lligineer.
D. Cul de sac A street having only one outlet for vehicular traffic and terminating in a turnaround
area.
1?. Dcad -Flid Street /1 street having only one outlet for vehicular traffic.
ll�. Ilalf- Street A portion of the width of a street, usually along the outside p erimeter of a
subdivision, where the remaining portion of the street must be located on adjacent property.
G. Local Streets A street having the p ri nlat7y purpose of permitting access to abutting lands and
connections to higher systems. Generally, service to higher speed traffic movements are
intentionally discouraged. "I "hey ty pically carry 1,000 to 3,000 vehicles per day but can carry in
excess of 6,000.
H. Loo A local street which begins and ends on the same street, generally used for access to
properties and to control traffic access to arterials or collectors.
18.80.2950 STRUCTURE
Anything constructed or erected which requires location on the ground; and for the purposes of
floodplain review anything which play impede, retard or alter the pattern of flow of water in a
floodplain.
18.80.2960 STRUCTURAL ALTERATION
Any change in the supporting members of a building, such as be aring walls or partitions, columns,
beams or girders, or any change in the exterior walls or the roof.
18.80.2970 SUBDIVIDER
Any person, firm, corporation or other entity who causes land to be subdivided or who proposes a
subdivision of land.
18.80.2980 SUBDIVISION
A divisioI1 of laIld or laIld so divided that It creates one or tliorc parcels containing less than 160 acres
that cannot be described as a one quarter aliquot part of a United States government section, exclusive
of public roadways, in order that the title to or possession of the parcels may be sold rented leased or
otherwise corivevcd, and shall include any resubdivlslon, and shall further include any condominium or
Ordinance 1769 l?ffectivc lanuary 30, 2010 page 80
area, regardless of its size, that prov or will provide multiple space for recreational camp vehicles
or manufactured homes. A Subd shall comprise. ollli those parcels less than 160 acres that cannot
be described as a one quarter aliquot part of a United States government section when the parcels ]lave
been segregated from the original tract, and the plat thereof shall show all such parcels whether
contiguous or Ilot.
18.80.2990 SUBDIVISION OR DEVELOPMENT CONSTRUCTION YARD
A temporary office and /or ve hicular and material storage. yard.
18.80.3000 SUBSTANTIAL DAMAGE
Damage sustained by a structure where the cost of restoring the structure to its condition before damage
would equal or exceed 50 percent of the market value of the structure before the damage occurred as
determined by Gallatin County's last equalized assessment roll.
18.80.3010 SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either:
A. Before the improvement or repair is started; or
B. if the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition, substantial improvement is considered to occur when the first
construction to any wall, ceiling, floor or other structural part of the building comn The
term does not include:
1. Any p roject for improvement of a structure to comply with existing state or local health,
sanitary or safety code specifications which are solely necessary to assure safe living
conditions, or
2. Any alteration of a structure listed on the National Register of Historic. Places or State
Inventory of Historic. Places.
18.80.3020 SUITABLE FILL
Fill material which is stable, compacted, well graded, pervious, generally unaffected by water and frost,
devoid of trash or similar foreign matter, devoid of tree stumps or other organic material and is fitting
for the purpose of supporting the intended use and or permanent structure.
18.80.3030 SURVEYOR (REGISTERED LAND SURVEYOR)
11 person licensed in conformance with the Montana Professional Engineers, Registration let (�37 -67-
101 through X37 -67 -332, MCA) to practice surveying in the State of Montana.
18.80.3040 SWAP MEET
Any permanent or temporary sales or lot where the sale or trade of goods, materials and merchandise
takes place outside any permanent structure, from within temporary structures or from vehicles and
where several sellers or traders may congregate for the purpose of selling or trading.
18.80.3050 TEMPORARY USE
A use established for a fixed period of time with the intent to discontinue such use upon the expiration
of the time period.
Ordinance 1769 Effective January 30, 2010 page: 80 -34
18.80.3060 TRANSIT STOP
Improvements and facilities at selected points along transit routes for passenger pickup, drop off and
waiting. facilities and improvements may include shelters, benches, signs, structures and other
improvements to provide security, protection from the weather and access to nearby services.
18.80.3070 TOWNHOUSE
,1 dwelling unit, located on its own lot, that shares (Inc or more con1t11on or abutting walls with one or
111ore dwelliIIg units, each located oil its owls lot. ,1 townhouse does not share common floors /ceilings
with other dwelling units.
18.80.3080 TOWNHOUSE CLUSTER
f1 building consisting of threc or more noncornmunicating, attached one- houseliold units placed side by
side and /or back to back, with no unit located over another, and having a common wall between each
two adjacent dwelling units.
18.80.3090 TRACT OF RECORD
,fin individual parcel of land, irrespective of ownership, that can be identified by legal description,
independent of any other parcel of land, using documents on file in the records of the County Clerk and
Recorder's Office.
18.80.3100 UNIFORMITY RATIO
In outdoor lighting;, a measure indicating how evenly light is distributed across a surface as expressed in
a ratio of one value to another, such as average tominimum, or maX1n1L1111 to ininimurn. 1-'sing ratios,
perfect uniformity would be 1:1.
18.80.3110 USE
The employment or occupation of a building, structure or land for a person's service, benefit or
enjoyment.
18.80.3115 USABLE LOT AREA
The portion of an area of a lot exclusive of setbacks or other building; restrictions within which
structures subject to setbacks may be placed.
18.80.3120 VARIANCE
Y\ modification or variation of the provisions of this title as applied to a specific piece of property.
18.80.3130 VIOLATION
The failure of a structure, subdivision, use of land or other development to be frilly co rripliant with this
title.
18.80.3140 WALL SIGN
Any sign painted o11, attached to or erected against the wall of a building, structure, canopy or awning
with the exposed face of the sign parallel to the plane of said wall or structure. The sign must be
attached in a manner so that it does not extend 6 inches beyond the wall.
18.80.3150 WAREHOUSE
)1n enclosed building; designed and used primarily for the storage of goods and materials.
Ordinal ice 1769 Effective January 30, 2010 page 80 -35
18.80.3160 WATERCOURSE
1ny stream, river, creek, drainage, waterway, gully, ravine or wash in which some or all of the water is
naturally occurring, such as runoff or springs, and which flows either continuously or interinittently and
has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by 0
reason of overflow.
In the event of a braided or other rnultiplc channel configuration of a watercourse, the area of the
watercourse shall be that area lying between the two outermost high water marks, as defined in this title.
The terns watercourse shall not be construed to mean any facility created exclusively for the convcyancc
of irrigation water or stormwater. The City may consult with other agencies with expertise in this hatter
when there is a question of whether a particular water body is a watercourse:.
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.
18.80.3170 WETLAND
Those areas that are inundated or saturated by surface or ground water at a frequency and duratloll
sufficient to support, and that -.slider normal circumstances do support, a prevalence of vegetation
t adapted for life in saturated soil conditions, and meet the established criteria briefly described
below.
A. Vegetation: !y prevalence of hydrophytic vegetation. Ilydrophytic species, due to
morphological, physiological, and /or reproductive adaptation(s), have the ability to grow,
effectively compete, reproduce, 11-11(1/or persist in anaerobic soil conditions.
B. Soils: A hydric soil is a soil that formed Colder conditions of saturation, flooding, or ponding
long enough during the growing season to develop anaerobic condition-, 111 the upper part.
C. Hydrology: The area is inundated either permanently or periodically, or the soil is saturated to
the surface at some time during the growing season of the prevalent vegetation at a duration
sufficient to induce anaerobic and reducing conditions.
18.80.3180 WHOLESALE
The sale of goods and merchandise for resale instead of for direct consumption.
18.80.3190 WILDLIFE
r111inlals that are neither human, domesticated, nor feral descendants of commonly domesticated
animals.
18.80.3200 WILDLIFE HABITAT
The place or type of habitat where wildlife naturally lives.
18.80.3210 WINDOW SIGN
Any sign painted, attached, glued or otherwise affixed to a window for the purpose of being visible from
the exterior of the building.
18.80.3220 WIRELESS FACILITY
An unstaffed facility for the transmission or reception of radio frequency (RI^'), microwave or other
signals for commercial communications purposes, typically consisting of an equipment enclosure, an
antenna support structure and one or more antennae. This definition excludes amateur radios, Essential
Services (Type I), satellite earth stations and private receive -only antennae, such as for the reception of
television signals.
Ordinance 1769 Fffe.ctivc January 30, 2010 page 80 -36
18.80.3230 WRECKING YARD
A place, lot or area wlierc the primary function is that of dismantling, storage, abandonment or sale of
goods and materials as parts or scraps.
18.80.3240 YARD
space on the same lot with a principal building, which is open and uriOccupicd from the ground
upward or from the ground downward other than by steps, walks, terraces, driveways, lamp posts and
similar structures, and unobstructed by structures, except as othenvise provided in this title..
18.80.3250 ZONING COMMISSION
The Bowman zoning commission.
18.80.3260 ZONING MAP
A map or slaps with all notations, dimensions, references and symbols shown thereon depicting
individual zoned districts in accordance with this title.
Ordinance 1769 Effective January 30, 201(.) page 80 -37