HomeMy WebLinkAboutBozeman chapter 38 Xyvision ProofsChapter 38
UNIFIED DEVELOPMENT CODE*
Article 1. In General
Sec. 38.01.010. Citation.
Sec. 38.01.020. Authority.
Sec. 38.01.030. Jurisdictional area and application.
Sec. 38.01.040. Intent and purpose of chapter.
Sec. 38.01.050. Interpretation as minimum requirements.
Sec. 38.01.060. Donations or grants to public considered a grant to donee.
Sec. 38.01.070. Conditions of approval.
Sec. 38.01.080. Compliance with regulations required.
Sec. 38.01.090. Development that lies within multiple jurisdictions.
Sec. 38.01.100. Private restrictions.
Sec. 38.01.110. Severability.
Article 2. Subdivision and Platting Administrative Procedures
Sec. 38.02.010. Transfers of title.
Sec. 38.02.020. Effect of recording complying plat.
Sec. 38.02.030. Correction of errors, amendments or vacation of recorded
final plats.
Sec. 38.02.040. Correction of recorded plat by governing body.
Sec. 38.02.050. Disposition of water rights.
Article 3. Review Procedures for Subdivisions
Sec. 38.03.010. General procedure.
Sec. 38.03.020. Presubmittal meeting and preapplication plan review.
Sec. 38.03.030. Concurrent review.
Sec. 38.03.040. Preliminary plat.
Sec. 38.03.050. Notice of certification that water and waste services will
be provided by local government.
Sec. 38.03.060. Final plat application.
Sec. 38.03.070. Changes to filed subdivision plats.
Article 4. Land Subdivisions Created by Rent or Lease
Sec. 38.04.010. General.
Sec. 38.04.020. Procedure, submittal requirements and review criteria.
Sec. 38.04.030. Timing of improvements.
Sec. 38.04.040. Filing of final plan.
Article 5. Subdivision Exemptions
Sec. 38.05.010. Divisions of land entirely exempt from the requirements
of this chapter and the state subdivision and platting act.
*State law reference—Land resources and use, MCA 76-1-101 et seq.
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Sec. 38.05.020. Specific divisions of land exempt from review but subject
to survey requirements and zoning regulations for divi-
sions of land not amounting to subdivisions.
Sec. 38.05.030. Exemptions from surveying and filing requirements but
subject to review.
Sec. 38.05.040. Condominiums.
Sec. 38.05.050. Exemption from surveying and platting requirements for
lands acquired for state highways.
Sec. 38.05.060. Procedures and general requirements.
Sec. 38.05.070. Exemption review criteria.
Sec. 38.05.080. Procedures for filing certificates of survey of divisions of
land entirely exempted from the requirements of the act.
Sec. 38.05.090. Correction of errors.
Article 6. Subdivision Certificates
Sec. 38.06.010. General.
Sec. 38.06.020. Dedication or consent.
Sec. 38.06.030. Mortgagee.
Sec. 38.06.040. Park land.
Sec. 38.06.050. Surveyor.
Sec. 38.06.060. Improvements.
Sec. 38.06.070. Governing body.
Sec. 38.06.080. Exclusion from MDEQ review.
Sec. 38.06.090. County treasurer.
Sec. 38.06.100. Clerk and recorder.
Sec. 38.06.110. Certification of use of exemption claim.
Article 7. Zoning Districts and Zoning Map
Sec. 38.07.010. Use districts designated, zoning map adopted.
Sec. 38.07.020. Official map availability, certification and authority;
changes.
Sec. 38.07.030. Official map replacement conditions.
Sec. 38.07.040. Boundary interpretation guidelines.
Sec. 38.07.050. Classification of particular uses; planning director and
city commission authority.
Sec. 38.07.060. Zoning of annexed territory.
Article 8. Residential Zoning Districts
Sec. 38.08.010. Intent and purpose.
Sec. 38.08.020. Authorized uses.
Sec. 38.08.030. Lot coverage and floor area.
Sec. 38.08.040. Lot area and width.
Sec. 38.08.050. Yards.
Sec. 38.08.060. Building height.
Sec. 38.08.070. Residential garages.
Sec. 38.08.080. Additional RMH district performance standards.
Sec. 38.08.090. Minimum density.
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Article 9. Residential Emphasis Mixed Use (Reserved)
Article 10. Commercial Zoning Districts
Sec. 38.10.010. Intent and purpose.
Sec. 38.10.020. Authorized uses.
Sec. 38.10.030. Lot coverage and floor area.
Sec. 38.10.040. Lot area and width.
Sec. 38.10.050. Yards.
Sec. 38.10.060. Building height.
Article 11. Urban Mixed-Use Zoning District
Sec. 38.11.010. Intent and purpose.
Sec. 38.11.020. Authorized uses.
Sec. 38.11.030. Lot coverage and floor area.
Sec. 38.11.040. Lot area and width.
Sec. 38.11.050. Yards.
Sec. 38.11.060. Building height.
Sec. 38.11.070. Special standards.
Article 12. Industrial Zoning Districts
Sec. 38.12.010. Intent and purpose.
Sec. 38.12.020. Authorized uses.
Sec. 38.12.030. Lot coverage and floor area.
Sec. 38.12.040. Lot area and width.
Sec. 38.12.050. Yards.
Sec. 38.12.060. Building height.
Article 13. Public Lands and Institutions District
Sec. 38.13.010. Intent.
Sec. 38.13.020. Applicability.
Sec. 38.13.030. Authorized uses.
Sec. 38.13.040. Lot area and width.
Sec. 38.13.050. Lot coverage.
Sec. 38.13.060. Yards.
Article 14. Northeast Historic Mixed-Use District
Sec. 38.14.010. Intent and purpose.
Sec. 38.14.020. Authorized uses.
Sec. 38.14.030. Lot area and width.
Sec. 38.14.040. Lot coverage and floor area.
Sec. 38.14.050. Yards.
Sec. 38.14.060. Building height.
Sec. 38.14.070. Residential garages.
Sec. 38.14.080. Special standards and requirements.
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Article 15. Requirements for Creation of a Historic Mixed-Use
District
Sec. 38.15.010. Description and purpose.
Sec. 38.15.020. Criteria for establishment of the historic mixed-use dis-
trict.
Sec. 38.15.030. Historic mixed-use district elements.
Sec. 38.15.040. Initiation, procedures and notice.
Article 16. Neighborhood Conservation Overlay District
Sec. 38.16.010. Intent and purpose.
Sec. 38.16.020. Design review board and administrative design review
staff powers and duties within conservation districts.
Sec. 38.16.030. Conservation district designation or recision.
Sec. 38.16.040. Certificate of appropriateness.
Sec. 38.16.050. Standards for certificates of appropriateness.
Sec. 38.16.060. Application requirements for certificates of appropriate-
ness in conservation districts.
Sec. 38.16.070. Deviations from underlying zoning requirements.
Sec. 38.16.080. Demolition or movement of structures or sites within the
conservation district.
Sec. 38.16.090. Appeals.
Article 17. Bozeman Entryway Corridor Overlay District
Sec. 38.17.010. Title.
Sec. 38.17.020. Intent and purpose.
Sec. 38.17.030. Application of entryway corridor provisions.
Sec. 38.17.040. Design review board and administrative design review
staff powers and duties within entryway corridors.
Sec. 38.17.050. Certificate of appropriateness.
Sec. 38.17.060. Design criteria and development standards in entryway
corridors.
Sec. 38.17.070. Application requirements for certificates of appropriate-
ness in entryway corridor.
Sec. 38.17.080. Deviation from overlay or underlying zoning require-
ments.
Sec. 38.17.090. Appeals.
Article 18. Casino Overlay District
Sec. 38.18.010. Intent.
Sec. 38.18.020. Application for zoning designation.
Sec. 38.18.030. Authorized uses.
Sec. 38.18.040. Restrictions.
Sec. 38.18.050. Lot area and width.
Sec. 38.18.060. Lot coverage.
Sec. 38.18.070. Yards.
Sec. 38.18.080. Building height.
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Article 19. Site Plan Review
Sec. 38.19.010. Introduction.
Sec. 38.19.020. Classification of site plans.
Sec. 38.19.030. Special development proposals; additional application
requirements, review procedures and review criteria.
Sec. 38.19.040. Review authority.
Sec. 38.19.050. Sketch plan review.
Sec. 38.19.060. Application of site plan review procedures.
Sec. 38.19.070. Site plan review procedures.
Sec. 38.19.080. Application for conditional use permit; notice require-
ments.
Sec. 38.19.090. Site plan and master site plan review criteria.
Sec. 38.19.100. Board of adjustment consideration and record for condi-
tional use permits.
Sec. 38.19.110. Certificates of appropriateness; additional review proce-
dures and review criteria.
Sec. 38.19.120. Public notice requirements.
Sec. 38.19.130. Final site plan.
Sec. 38.19.140. Building permits based upon approved sketch or site
plans.
Sec. 38.19.150. Amendments to sketch and site plans.
Sec. 38.19.160. Modification or enlargement of structures authorized
under a conditional use permit.
Sec. 38.19.170. Reuse, change in use or further development of sites
developed prior to the adoption date of the ordinance
from which this chapter is derived.
Sec. 38.19.180. Improvements to existing developed sites independent of
site plan review.
Sec. 38.19.190. Special temporary use permit.
Sec. 38.19.200. Appeals.
Sec. 38.19.210. Improvements.
Article 20. Planned Unit Development
Sec. 38.20.010. Intent.
Sec. 38.20.020. Application and uses of a planned unit development.
Sec. 38.20.030. Special conditions of a planned unit development.
Sec. 38.20.040. Planned unit development review procedures and criteria.
Sec. 38.20.050. Plan submittal requirements.
Sec. 38.20.060. Duration of planned unit development approval.
Sec. 38.20.070. Phasing of planned unit developments.
Sec. 38.20.080. Enforcement of approval requirements and conditions.
Sec. 38.20.090. Planned unit development design objectives and criteria.
Sec. 38.20.100. North 19th Avenue/West Oak Street entryway corridors.
Article 21. General Land Use Standards and Requirements
Sec. 38.21.010. Area requirements for individual buildings - restrictions.
Sec. 38.21.020. Yards and lots reduction prohibited.
Sec. 38.21.030. Use of lands; buildings and structures.
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Sec. 38.21.040. Dwelling unit restrictions.
Sec. 38.21.050. Accessory buildings, uses and equipment.
Sec. 38.21.060. Yard and height encroachments, limitations and excep-
tions.
Sec. 38.21.070. Standards for specific site impacts and elements.
Sec. 38.21.080. Clean up of property and revegetation required.
Article 22. Standards for Specific Uses
Sec. 38.22.010. Purpose.
Sec. 38.22.020. Applicability.
Sec. 38.22.030. Accessory dwelling units.
Sec. 38.22.040. Adult businesses.
Sec. 38.22.050. Alcohol sales for on-premises consumption.
Sec. 38.22.060. Automobile repair and/or fuel sales.
Sec. 38.22.070. Automobile washing establishment.
Sec. 38.22.080. Cemeteries.
Sec. 38.22.090. Condominiums.
Sec. 38.22.100. Convenience uses and drive-through/drive-in restaurants.
Sec. 38.22.110. Home-based businesses.
Sec. 38.22.120. Manufactured home communities.
Sec. 38.22.130. Manufactured homes on individual lots.
Sec. 38.22.140. Mini warehouses.
Sec. 38.22.150. Outdoor sales and display.
Sec. 38.22.160. Portable carry-out food and beverage buildings.
Sec. 38.22.170. Recreational vehicle park and overnight campground.
Sec. 38.22.180. Large-scale retail, size limitations and design and site
development guidelines and requirements.
Sec. 38.22.190. Stable, commercial.
Sec. 38.22.200. Tennis and racquet club.
Sec. 38.22.210. Community center.
Sec. 38.22.220. Medical marijuana.
Article 23. Development Standards
Sec. 38.23.010. General standards.
Sec. 38.23.020. Neighborhood centers.
Sec. 38.23.030. Lot.
Sec. 38.23.040. Blocks.
Sec. 38.23.050. Utilities.
Sec. 38.23.060. Easements.
Sec. 38.23.070. Municipal water, sanitary sewer and storm sewer systems.
Sec. 38.23.080. Grading and drainage.
Sec. 38.23.090. Fire protection requirements.
Sec. 38.23.100. Watercourse setback.
Sec. 38.23.110. Ridgelines and viewsheds.
Sec. 38.23.120. Mail delivery.
Sec. 38.23.130. Fences, walls and hedges.
Sec. 38.23.140. Off-street loading berth requirements.
Sec. 38.23.150. Lighting.
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Sec. 38.23.160. Outdoor storage.
Sec. 38.23.170. Trash and garbage enclosures.
Sec. 38.23.180. Water rights.
Article 24. Transportation Facilities and Access
Sec. 38.24.010. Streets, general.
Sec. 38.24.020. Street and road dedication.
Sec. 38.24.030. Intersections.
Sec. 38.24.040. Street names.
Sec. 38.24.050. Street and road right-of-way width and construction
standards.
Sec. 38.24.060. Street improvement standards.
Sec. 38.24.070. Street lighting.
Sec. 38.24.080. Sidewalks.
Sec. 38.24.090. Access.
Sec. 38.24.100. Street vision triangle.
Sec. 38.24.110. Transportation pathways.
Sec. 38.24.120. Public transportation.
Article 25. Parking
Sec. 38.25.010. General provisions.
Sec. 38.25.020. Stall, aisle and driveway design.
Sec. 38.25.030. Maintenance of parking areas.
Sec. 38.25.040. Number of parking spaces required.
Sec. 38.25.050. Joint use of parking facilities.
Sec. 38.25.060. Off-site parking.
Article 26. Landscaping
Sec. 38.26.010. Purpose and intent.
Sec. 38.26.020. Interpretation and scope.
Sec. 38.26.030. General landscaping provisions.
Sec. 38.26.040. Landscape plan review.
Sec. 38.26.050. Mandatory landscaping provisions.
Sec. 38.26.060. Landscape performance standards.
Sec. 38.26.070. Landscaping of public lands.
Sec. 38.26.080. Deviation from landscaping requirements.
Sec. 38.26.090. Landscaping completion.
Sec. 38.26.100. General maintenance.
Article 27. Park and Recreation Requirements
Sec. 38.27.010. General.
Sec. 38.27.020. Park area and open space requirements.
Sec. 38.27.030. Cash donation in-lieu of land dedication.
Sec. 38.27.040. Park use.
Sec. 38.27.050. Location.
Sec. 38.27.060. Frontage.
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Sec. 38.27.070. Linear parks.
Sec. 38.27.080. Park development.
Sec. 38.27.090. Waiver of park maintenance district.
Sec. 38.27.100. Waiver of required park dedication.
Sec. 38.27.110. Recreation pathways.
Article 28. Signs
Sec. 38.28.010. Intent and purpose.
Sec. 38.28.020. Sign permit requirements.
Sec. 38.28.030. Prohibited signs.
Sec. 38.28.040. Permitted temporary and special event signs.
Sec. 38.28.050. Signs exempt from permit requirements.
Sec. 38.28.060. Signs permitted upon the issuance of a sign permit.
Sec. 38.28.070. Wayfinding signage.
Sec. 38.28.080. Comprehensive sign plan.
Sec. 38.28.090. Multitenant complexes with less than 100,000 square feet
of ground floor area.
Sec. 38.28.100. Multitenant complexes with more than 100,000 square
feet of ground floor area.
Sec. 38.28.110. Indoor shopping mall complexes with more than 100,000
square feet of ground floor area.
Sec. 38.28.120. Illumination.
Sec. 38.28.130. Street vision triangles.
Sec. 38.28.140. Required address signs.
Sec. 38.28.150. Billboards and other off-premises advertising.
Sec. 38.28.160. Signs erected in conjunction with nonprofit activities on
public property.
Sec. 38.28.170. Historic or culturally significant signs.
Sec. 38.28.180. Application.
Sec. 38.28.190. Maintenance of permitted signs.
Sec. 38.28.200. Nonconforming signs.
Sec. 38.28.210. Substitution.
Sec. 38.28.220. Severability.
Article 29. Telecommunications
Sec. 38.29.010. Intent, purpose and applicability.
Sec. 38.29.020. Special submittal requirements.
Sec. 38.29.030. Uses within districts and required review procedures.
Sec. 38.29.040. Standards.
Article 30. Wetland Regulations
Sec. 38.30.010. Title and applicability.
Sec. 38.30.020. Intent and purpose.
Sec. 38.30.030. Application of wetland regulations.
Sec. 38.30.040. Wetlands review board powers and duties.
Sec. 38.30.050. Wetlands mapping.
Sec. 38.30.060. Regulated activities.
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Sec. 38.30.070. Application requirements and procedures for regulated
activities in regulated wetland areas.
Sec. 38.30.080. Review standards.
Sec. 38.30.090. Wetland permit conditions.
Sec. 38.30.100. Appeals.
Sec. 38.30.110. Enforcement.
Article 31. Floodplain Regulations
Sec. 38.31.010. Title.
Sec. 38.31.020. Purpose.
Sec. 38.31.030. Jurisdictional area.
Sec. 38.31.040. Floodplain regulation establishment and applicability.
Sec. 38.31.050. Abrogation and greater responsibility.
Sec. 38.31.060. Floodplain administrator.
Sec. 38.31.070. Regulation interpretation.
Sec. 38.31.080. Compliance with regulations.
Sec. 38.31.090. Flood hazard evaluation.
Sec. 38.31.100. Rules for interpretation of floodplain district boundaries.
Sec. 38.31.110. Warning and disclaimer of liability.
Sec. 38.31.120. Disclosure provision.
Sec. 38.31.130. Administration of regulations.
Sec. 38.31.140. Permit applications.
Sec. 38.31.150. Emergency waiver.
Sec. 38.31.160. Review; variances; appeals.
Sec. 38.31.170. Floodplain development; compliance.
Sec. 38.31.180. Emergency preparedness; planning.
Sec. 38.31.190. Applications; specific standards.
Sec. 38.31.200. Floodway—Uses allowed without floodplain permits.
Sec. 38.31.210. Floodway—Uses requiring floodplain permits.
Sec. 38.31.220. Floodway—Permits for flood control works.
Sec. 38.31.230. Floodway—Permits for water diversions.
Sec. 38.31.240. Floodway—Prohibited uses.
Sec. 38.31.250. Floodway fringe—Uses allowed without permits.
Sec. 38.31.260. Floodway Fringe—Uses requiring permits.
Sec. 38.31.270. Floodplain—Prohibited uses.
Sec. 38.31.280. Floodplain areas with flood elevations and no delineated
floodway.
Sec. 38.31.290. Shallow flooding (AO zones).
Sec. 38.31.300. Applicability to unnumbered A zones.
Sec. 38.31.310. A zones—Uses allowed without permits.
Sec. 38.31.320. Same—Uses requiring permits.
Sec. 38.31.330. Same—Prohibited uses.
Sec. 38.31.340. Same—Floodplain boundary interpretation.
Sec. 38.31.350. Floodproofing requirements—Certification.
Sec. 38.31.360. Same—Conformance.
Sec. 38.31.370. Same—Electrical systems.
Sec. 38.31.380. Same—Heating systems.
Sec. 38.31.390. Same—Plumbing systems.
Sec. 38.31.400. Violation—Notice.
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Sec. 38.31.410. Same—Penalty.
Article 32. Nonconforming Situations
Sec. 38.32.010. Nonconforming uses.
Sec. 38.32.020. Changes to or expansions of nonconforming uses.
Sec. 38.32.030. Nonconforming area and bulk requirements for existing
lots.
Sec. 38.32.040. Nonconforming structures.
Sec. 38.32.050. Changes to or expansions of nonconforming structures.
Article 33. Development Review Committee (DRC), Design Review
Board (DRB), Administrative Design Review Staff (ADR), Wetlands
Review Board (WRB), Board of Adjustment (BOA)
Sec. 38.33.010. Purpose of DRC, DRB, ADR, WRB, and BOA.
Sec. 38.33.020. General procedures, notice and timing.
Article 34. Administration, Fees and Penalties
Sec. 38.34.010. Review authority.
Sec. 38.34.020. Administration and enforcement; planning director au-
thority.
Sec. 38.34.030. Enforcement; planning director.
Sec. 38.34.040. Stop-work order by planning director, building official,
city engineer authority.
Sec. 38.34.050. Permission to enter.
Sec. 38.34.060. Inaccurate or incomplete information and waivers.
Sec. 38.34.070. Coordinated reviews.
Sec. 38.34.080. Date of submittal and associated review standards.
Sec. 38.34.090. Planning director and building official; plan application
checking; notice of noncompliance.
Sec. 38.34.100. Building permit requirements.
Sec. 38.34.110. Permit issuance; conformity with regulations required.
Sec. 38.34.120. Permits issued contrary to title deemed void.
Sec. 38.34.130. Expiration of permits.
Sec. 38.34.140. Fee schedule.
Sec. 38.34.150. Complaints of alleged violations; filing and recording.
Sec. 38.34.160. Violation; penalty; assisting or abetting; additional rem-
edies.
Article 35. Appeals, Deviations and Variance Procedures
Sec. 38.35.010. Purpose.
Sec. 38.35.020. Hearing and notice requirements.
Sec. 38.35.030. Administrative project decision appeals.
Sec. 38.35.040. Administrative interpretation appeals.
Sec. 38.35.050. Deviations.
Sec. 38.35.060. Zoning variances.
Sec. 38.35.070. Subdivision variances.
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Sec. 38.35.080. Appeals from city commission or board of adjustment
actions.
Article 36. Text Amendments
Sec. 38.36.010. Initiation of amendments and changes.
Sec. 38.36.020. Amendments; investigation requirements.
Sec. 38.36.030. Public hearing procedures and requirements.
Sec. 38.36.040. Protest text amendments.
Article 37. Zoning Map Amendments
Sec. 38.37.010. Initiation of amendments and changes.
Sec. 38.37.020. Amendments and rezonings; investigation requirements.
Sec. 38.37.030. Public hearing procedures and requirements.
Article 38. Supplementary Documents
Sec. 38.38.010. General.
Sec. 38.38.020. Property owners' association.
Sec. 38.38.030. Covenants.
Article 39. Improvements and Guarantees
Sec. 38.39.010. Purpose and applicability.
Sec. 38.39.020. Standards for improvements.
Sec. 38.39.030. Completion of improvements.
Sec. 38.39.040. Special provisions for timing of certain improvements.
Sec. 38.39.050. Acceptance of improvements.
Sec. 38.39.060. Improvements agreements.
Sec. 38.39.070. Payment for extension of capital facilities.
Sec. 38.39.080. Types of acceptable securities.
Sec. 38.39.090. Development or maintenance of common areas and
facilities by developer or property owners' association.
Sec. 38.39.100. Warranty.
Article 40. Noticing
Sec. 38.40.010. Purpose.
Sec. 38.40.020. Contents of notice.
Sec. 38.40.030. Notice requirements for application processing.
Sec. 38.40.040. Notice of city approval within neighborhood conservation
and entryway overlay districts.
Article 41. Submittal Materials and Requirements
Sec. 38.41.010. General.
Sec. 38.41.020. Streambed, streambank and/or wetlands permits.
Sec. 38.41.030. Subdivision preapplication plan.
Sec. 38.41.040. Subdivision preliminary plat.
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Sec. 38.41.050. Preliminary plat supplements required for all subdivi-
sions.
Sec. 38.41.060. Additional subdivision preliminary plat supplements.
Sec. 38.41.070. Final plat.
Sec. 38.41.080. Site plan submittal requirements.
Sec. 38.41.090. Certificates of appropriateness; additional application
requirements, review procedures and review criteria.
Sec. 38.41.100. Submittal requirements for landscape plans.
Sec. 38.41.110. Sketch plan submittal requirements.
Sec. 38.41.120. Planned unit development submittal requirements.
Sec. 38.41.130. Submittal materials for regulated activities in wetlands.
Sec. 38.41.140. Submittal materials for appeals of administrative project
decisions.
Sec. 38.41.150. Administrative interpretation appeals.
Sec. 38.41.160. Submittal materials for variances.
Sec. 38.41.170. Submittal materials for telecommunications.
Article 42. Definitions
Sec. 38.42.010. Definition of terms and interpretation of language.
Sec. 38.42.020. Access or access way.
Sec. 38.42.030. Accessory building or use.
Sec. 38.42.040. Adaptive reuse.
Sec. 38.42.050. Administrative design review (ADR) staff.
Sec. 38.42.060. Adult business.
Sec. 38.42.070. Affordable housing.
Sec. 38.42.080. Aggrieved person.
Sec. 38.42.090. Agricultural activity.
Sec. 38.42.100. Agricultural water user facility.
Sec. 38.42.110. Alley.
Sec. 38.42.120. Aliquot part.
Sec. 38.42.130. Alteration.
Sec. 38.42.140. Animal hospital.
Sec. 38.42.150. Animated sign.
Sec. 38.42.160. Antenna.
Sec. 38.42.170. Apartment.
Sec. 38.42.180. Apartment building.
Sec. 38.42.190. Appellant.
Sec. 38.42.200. Applicant.
Sec. 38.42.210. Architectural appearance.
Sec. 38.42.220. Area of special flood hazard.
Sec. 38.42.230. Area of signs.
Sec. 38.42.240. Artificial lot.
Sec. 38.42.250. Artificial obstruction/development.
Sec. 38.42.260. Arts center and/or entertainment center.
Sec. 38.42.270. Attached structure.
Sec. 38.42.280. Automobile fuel sales or repair.
Sec. 38.42.290. Automobile reduction yard.
Sec. 38.42.300. Auto salvage yard.
Sec. 38.42.310. Automobile washing establishment.
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Sec. 38.42.320. Awning.
Sec. 38.42.330. Banner.
Sec. 38.42.340. Bar (tavern, cocktail lounge).
Sec. 38.42.350. Base flood.
Sec. 38.42.360. Base flood elevation.
Sec. 38.42.370. Basement.
Sec. 38.42.380. Beacon.
Sec. 38.42.390. Bed and breakfast home.
Sec. 38.42.400. Building.
Sec. 38.42.410. Building area.
Sec. 38.42.420. Building envelope.
Sec. 38.42.430. Building frontage.
Sec. 38.42.440. Building height.
Sec. 38.42.450. Building, principal.
Sec. 38.42.460. Business.
Sec. 38.42.470. Canopy.
Sec. 38.42.480. Canopy tree.
Sec. 38.42.490. Carport.
Sec. 38.42.500. Casino.
Sec. 38.42.510. Cemetery.
Sec. 38.42.520. Certificate of appropriateness.
Sec. 38.42.530. Certificate of survey.
Sec. 38.42.540. Child.
Sec. 38.42.550. Church.
Sec. 38.42.560. City.
Sec. 38.42.570. City commission.
Sec. 38.42.580. Civic use.
Sec. 38.42.590. Club, private (nonprofit).
Sec. 38.42.600. Collocation.
Sec. 38.42.610. Commercial message.
Sec. 38.42.620. Commercial node.
Sec. 38.42.630. Common open space.
Sec. 38.42.640. Common ownership.
Sec. 38.42.650. Community center.
Sec. 38.42.660. Community residential facility.
Sec. 38.42.670. Compatible development.
Sec. 38.42.680. Compatible land use.
Sec. 38.42.690. Conditional use.
Sec. 38.42.700. Conditional use permit.
Sec. 38.42.710. Conservation easement.
Sec. 38.42.720. Contiguous tract.
Sec. 38.42.730. Construction.
Sec. 38.42.740. Convenience food restaurant.
Sec. 38.42.750. Convenience use.
Sec. 38.42.760. Cooperative household.
Sec. 38.42.770. Covenant.
Sec. 38.42.780. Date of submission.
Sec. 38.42.790. Day care center.
Sec. 38.42.800. Day care home, family.
Sec. 38.42.810. Day care home, group.
UNIFIED DEVELOPMENT CODE
CD38:13PROOFS
Sec. 38.42.820. Dedication.
Sec. 38.42.830. Demolition.
Sec. 38.42.840. Design review.
Sec. 38.42.850. Design review board.
Sec. 38.42.860. Development.
Sec. 38.42.870. Development envelopes.
Sec. 38.42.880. Development review committee.
Sec. 38.42.890. Deviation.
Sec. 38.42.900. Division of land.
Sec. 38.42.910. Directional sign.
Sec. 38.42.920. Drive access.
Sec. 38.42.930. Drive-in business.
Sec. 38.42.940. Dwelling.
Sec. 38.42.950. Easement.
Sec. 38.42.960. Efficiency unit.
Sec. 38.42.970. Engineer (registered professional engineer).
Sec. 38.42.980. Engineering division.
Sec. 38.42.990. Essential services (Type I).
Sec. 38.42.1000. Essential services (Type II).
Sec. 38.42.1010. Establish.
Sec. 38.42.1020. Evergreen tree or shrub.
Sec. 38.42.1030. Existing manufactured home park or subdivision.
Sec. 38.42.1040. Extended stay lodgings.
Sec. 38.42.1050. Final decision.
Sec. 38.42.1060. Final plat.
Sec. 38.42.1070. Final site plan.
Sec. 38.42.1080. Flood or flooding.
Sec. 38.42.1090. Flood insurance rate map.
Sec. 38.42.1100. Flood insurance study.
Sec. 38.42.1110. Floodplain.
Sec. 38.42.1120. Floodplain Act.
Sec. 38.42.1130. Floodway.
Sec. 38.42.1140. Floodway fringe.
Sec. 38.42.1150. Food processing facility.
Sec. 38.42.1160. Footcandle.
Sec. 38.42.1170. Freestanding sign.
Sec. 38.42.1180. Front line of building.
Sec. 38.42.1190. Front yard.
Sec. 38.42.1200. Garage, private.
Sec. 38.42.1210. Garage, public.
Sec. 38.42.1220. Glare.
Sec. 38.42.1230. Governing body
Sec. 38.42.1240. Grade.
Sec. 38.42.1250. Green.
Sec. 38.42.1260. Greenhouse.
Sec. 38.42.1270. Ground floor area.
Sec. 38.42.1280. Gross acreage.
Sec. 38.42.1290. Gross density.
Sec. 38.42.1300. Groundcover.
Sec. 38.42.1310. Growth policy.
BOZEMAN MUNICIPAL CODE
CD38:14PROOFS
Sec. 38.42.1320. Guest house.
Sec. 38.42.1330. Health authorities.
Sec. 38.42.1340. Health and exercise establishments.
Sec. 38.42.1350. Height of low profile sign.
Sec. 38.42.1360. Height of pole style sign.
Sec. 38.42.1370. Historic site.
Sec. 38.42.1380. Home-based business.
Sec. 38.42.1390. Home office.
Sec. 38.42.1400. Hospital.
Sec. 38.42.1410. Hotel or motel.
Sec. 38.42.1420. Household.
Sec. 38.42.1430. Illuminance.
Sec. 38.42.1440. Immediate family.
Sec. 38.42.1450. Incidental.
Sec. 38.42.1460. Incidental sign.
Sec. 38.42.1470. Industry, heavy.
Sec. 38.42.1480. Industry, light.
Sec. 38.42.1490. Interchange zone.
Sec. 38.42.1500. Irregularly shaped tract of land.
Sec. 38.42.1510. Landmark.
Sec. 38.42.1520. Landscape architect.
Sec. 38.42.1530. Landscaping.
Sec. 38.42.1540. Large scale wireless facility.
Sec. 38.42.1550. Large shrub.
Sec. 38.42.1560. Large tree.
Sec. 38.42.1570. Levee.
Sec. 38.42.1580. Levee system.
Sec. 38.42.1590. Light construction.
Sec. 38.42.1600. Light goods repair.
Sec. 38.42.1610. Light source.
Sec. 38.42.1620. Light trespass.
Sec. 38.42.1630. Limited access.
Sec. 38.42.1640. Limited access roadway.
Sec. 38.42.1650. Local services.
Sec. 38.42.1660. Lodginghouse.
Sec. 38.42.1670. Lot.
Sec. 38.42.1680. Lot area.
Sec. 38.42.1690. Lot coverage.
Sec. 38.42.1700. Lot measurements.
Sec. 38.42.1710. Lot types.
Sec. 38.42.1720. Lot line, front.
Sec. 38.42.1730. Lot line, rear.
Sec. 38.42.1740. Lot line, side.
Sec. 38.42.1750. Lot line, zero.
Sec. 38.42.1760. Lot width.
Sec. 38.42.1770. Lot with residential adjacency.
Sec. 38.42.1780. Low-profile sign.
Sec. 38.42.1790. Luminaire.
Sec. 38.42.1800. Luminance.
Sec. 38.42.1810. Lux.
UNIFIED DEVELOPMENT CODE
CD38:15PROOFS
Sec. 38.42.1820. Manufactured home.
Sec. 38.42.1830. Manufactured home lot or space.
Sec. 38.42.1840. Manufactured home stand.
Sec. 38.42.1850. Manufactured home community.
Sec. 38.42.1860. Manufacturing.
Sec. 38.42.1870. Manufacturing, light.
Sec. 38.42.1880. Mean sea level.
Sec. 38.42.1890. Medical offices, clinics and centers.
Sec. 38.42.1900. Micro-scale wireless facility.
Sec. 38.42.1910. Mining.
Sec. 38.42.1920. Mini-warehouse (warehouse, residential storage).
Sec. 38.42.1930. Minor subdivision.
Sec. 38.42.1940. Mobile home.
Sec. 38.42.1950. Mobile office.
Sec. 38.42.1960. Model home.
Sec. 38.42.1970. Modular or sectional home.
Sec. 38.42.1980. Monument (permanent monument).
Sec. 38.42.1990. Natural environment.
Sec. 38.42.2000. Neighborhood commercial center.
Sec. 38.42.2010. Neighborhood conservation overlay district.
Sec. 38.42.2020. Net residential density.
Sec. 38.42.2030. New construction.
Sec. 38.42.2040. Nonbroadcast telecommunication facility.
Sec. 38.42.2050. Noncanopy tree.
Sec. 38.42.2060. Noncommercial speech.
Sec. 38.42.2070. Nonconforming sign.
Sec. 38.42.2080. Nonconforming structure.
Sec. 38.42.2090. Nonconforming use.
Sec. 38.42.2100. Noxious matter or material.
Sec. 38.42.2110. Nursing home.
Sec. 38.42.2120. Nursery, plant.
Sec. 38.42.2130. Off-premises sign.
Sec. 38.42.2140. Offices.
Sec. 38.42.2150. Official floodplain maps.
Sec. 38.42.2160. 100-year flood.
Sec. 38.42.2170. Open sales (or rental) lot.
Sec. 38.42.2180. Open space.
Sec. 38.42.2190. Open space, usable.
Sec. 38.42.2200. Ordinary high-water mark.
Sec. 38.42.2210. Overlay zone.
Sec. 38.42.2220. Parapet.
Sec. 38.42.2230. Park.
Sec. 38.42.2240. Parking area.
Sec. 38.42.2250. Parking space, off-street.
Sec. 38.42.2260. Party wall.
Sec. 38.42.2270. Pathway.
Sec. 38.42.2280. Paved parking space or surface.
Sec. 38.42.2290. Pennant.
Sec. 38.42.2300. Permeable pavement.
Sec. 38.42.2310. Permitted use.
BOZEMAN MUNICIPAL CODE
CD38:16PROOFS
Sec. 38.42.2320. Personal and convenience services.
Sec. 38.42.2330. Personal property.
Sec. 38.42.2340. Persons.
Sec. 38.42.2350. Planned unit development (PUD).
Sec. 38.42.2360. Planning board.
Sec. 38.42.2370. Planning department.
Sec. 38.42.2380. Planning director.
Sec. 38.42.2390. Plat.
Sec. 38.42.2400. Plaza.
Sec. 38.42.2410. Pole sign.
Sec. 38.42.2420. Portable sign.
Sec. 38.42.2430. Preservation board.
Sec. 38.42.2440. Primary access.
Sec. 38.42.2450. Principal use.
Sec. 38.42.2460. Private street.
Sec. 38.42.2470. Projecting sign.
Sec. 38.42.2480. Proper access.
Sec. 38.42.2490. Property owner.
Sec. 38.42.2500. Property owners association.
Sec. 38.42.2510. Public building.
Sec. 38.42.2520. Public health and safety.
Sec. 38.42.2530. Public improvement.
Sec. 38.42.2540. Public street or road.
Sec. 38.42.2550. Real property.
Sec. 38.42.2560. Rear yard.
Sec. 38.42.2570. Recreational vehicle.
Sec. 38.42.2580. Recreational vehicle park.
Sec. 38.42.2590. Recreational vehicle space.
Sec. 38.42.2600. Relocation.
Sec. 38.42.2610. Repair.
Sec. 38.42.2620. Required front building line.
Sec. 38.42.2630. Required rear building line.
Sec. 38.42.2640. Required side building line.
Sec. 38.42.2650. Required yard.
Sec. 38.42.2660. Restaurant.
Sec. 38.42.2670. Retail.
Sec. 38.42.2680. Retail, large scale.
Sec. 38.42.2690. Revolving sign.
Sec. 38.42.2700. Ridgeline.
Sec. 38.42.2710. Ridgeline protection area.
Sec. 38.42.2720. Right-of-way.
Sec. 38.42.2730. Roadway.
Sec. 38.42.2740. Roof sign.
Sec. 38.42.2750. School.
Sec. 38.42.2760. Screening.
Sec. 38.42.2770. Security lighting.
Sec. 38.42.2780. Second or subsequent front yard or corner side yard.
Sec. 38.42.2790. Setback.
Sec. 38.42.2800. Setback line.
Sec. 38.42.2810. Sewer, public.
UNIFIED DEVELOPMENT CODE
CD38:17PROOFS
Sec. 38.42.2820. Shared access.
Sec. 38.42.2830. Shopping mall.
Sec. 38.42.2840. Sign.
Sec. 38.42.2850. Side yard.
Sec. 38.42.2860. Site plan.
Sec. 38.42.2870. Small-scale wireless facility.
Sec. 38.42.2880. Small tree.
Sec. 38.42.2890. Soil.
Sec. 38.42.2900. Special event sign.
Sec. 38.42.2910. Square.
Sec. 38.42.2920. Stable, commercial.
Sec. 38.42.2930. Stable, private.
Sec. 38.42.2940. Start of construction.
Sec. 38.42.2950. Stealth or camouflaged.
Sec. 38.42.2960. Street.
Sec. 38.42.2970. Street frontage.
Sec. 38.42.2980. Street, public.
Sec. 38.42.2990. Street types.
Sec. 38.42.3000. Structure.
Sec. 38.42.3010. Structural alteration.
Sec. 38.42.3020. Subdivider.
Sec. 38.42.3030. Subdivision.
Sec. 38.42.3040. Subdivision or development construction yard.
Sec. 38.42.3050. Substantial damage.
Sec. 38.42.3060. Substantial improvement.
Sec. 38.42.3070. Suitable fill.
Sec. 38.42.3080. Surveyor (registered land surveyor).
Sec. 38.42.3090. Swap meet.
Sec. 38.42.3100. Temporary use.
Sec. 38.42.3110. Transit stop.
Sec. 38.42.3120. Townhouse.
Sec. 38.42.3130. Townhouse cluster.
Sec. 38.42.3140. Tract of record.
Sec. 38.42.3150. Uniformity ratio.
Sec. 38.42.3160. Use.
Sec. 38.42.3170. Usable lot area.
Sec. 38.42.3180. Variance.
Sec. 38.42.3190. Violation.
Sec. 38.42.3200. Wall sign.
Sec. 38.42.3210. Warehouse.
Sec. 38.42.3220. Watercourse.
Sec. 38.42.3230. Way-finding signage.
Sec. 38.42.3240. Wetland.
Sec. 38.42.3250. Wholesale.
Sec. 38.42.3260. Wildlife.
Sec. 38.42.3270. Wildlife habitat.
Sec. 38.42.3280. Window sign.
Sec. 38.42.3290. Wireless facility.
Sec. 38.42.3300. Wrecking yard.
Sec. 38.42.3310. Yard.
BOZEMAN MUNICIPAL CODE
CD38:18PROOFS
Sec. 38.42.3320. Zoning commission.
Sec. 38.42.3330. Zoning map.
Appendix A. Illustrations
UNIFIED DEVELOPMENT CODE
CD38:19PROOFS
PROOFS
ARTICLE 1. IN GENERAL
Sec. 38.01.010. Citation.
This chapter shall be known and cited as the
Unified Development Code of the City of Bozeman,
except when cited herein, where it shall be referred
to as "this chapter."
(Ord. No. 1645, § 18.02.010, 8-15-2005; Ord. No.
1693, § 1(18.02.010), 2-20-2007; Ord. No. 1709,
§ 1(18.02.010), 7-16-2007; Ord. No. 1769,
§ 1(18.02.010), 12-28-2009; Ord. No. 1769, exh.
A(18.02.010), 12-28-2009)
Sec. 38.01.020. Authority.
This chapter is adopted by authority of MCA
76-2-301 et seq., MCA 76-3-101 et seq., and MCA
7-3-701 et seq. 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.
(Ord. No. 1645, § 18.02.020, 8-15-2005; Ord. No.
1693, § 1(18.02.020), 2-20-2007; Ord. No. 1709,
§ 1(18.02.020), 7-16-2007; Ord. No. 1769, exh.
A(18.02.020), 12-28-2009)
Sec. 38.01.030. Jurisdictional area and applica-
tion.
These regulations govern the division, develop-
ment and use of land within the city limits and lands
proposed for annexation to the city. These regula-
tions shall apply to all private and public lands, all
uses thereon, and all structures and buildings over
which the city has jurisdiction under the constitu-
tion and laws of the state or pursuant to the city's
powers.
(Ord. No. 1645, § 18.02.030, 8-15-2005; Ord. No.
1693, § 1(18.02.030), 2-20-2007; Ord. No. 1709,
§ 1(18.02.030), 7-16-2007; Ord. No. 1769, exh.
A(18.02.030), 12-28-2009)
Sec. 38.01.040. Intent and purpose of chapter.
A. The intent of this unified development chap-
ter is to protect the public health, safety and general
welfare; to recognize and balance the various rights
and responsibilities relating to land ownership, use,
and development identified in the United States and
State of Montana constitutions, and statutory and
common law; to implement the city's adopted
growth policy; and to meet the requirements of state
law.
B. It is the purpose of these regulations to
promote the public health, safety and general wel-
fare by: preventing the creation of private or public
nuisances caused by noncompliance with the stan-
dards and procedures of this chapter; regulating the
subdivision, development and use of land; prevent-
ing the overcrowding of land; lessening congestion
in the streets and highways; providing adequate
light, air, water supply, sewage disposal, parks and
recreation areas, ingress and egress, and other
public improvements; requiring development in
harmony with the natural environment; promoting
preservation of open space; promoting development
approaches that minimize costs to local citizens and
that promote the effective and efficient provision of
public services; protecting the rights of property
owners; requiring uniform monumentation of land
subdivisions and transferring interests in real prop-
erty by reference to a plat or certificate of survey
(MCA 76-3-102).
C. It is further the purpose of these regulations
to: be in accord with the growth policy; securing
safety from fire, panic, and other dangers; promot-
ing public health, public safety, and the general
welfare; facilitating the adequate provision of trans-
portation, water, sewerage, schools, parks, and other
public requirements; having given consideration to
ensuring the reasonable provision of adequate light
and air, motorized and nonmotorized 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 (MCA 76-2-304).
D. Further, to support the purposes of MCA
76-2-304 and 76-3-102, these regulations are in-
tended to promote and to provide for the:
1. Orderly development of the city;
§ 38.01.040UNIFIED DEVELOPMENT CODE
CD38:21PROOFS
2. Coordination of streets within subdivided
land with other streets and roads, both
existing and planned;
3. Dedication of land for streets and roadways
and for public utility casements;
4. Improvement of streets;
5. Adequate open spaces for travel, light, air
and recreation;
6. Adequate transportation, water, drainage
and sanitary facilities;
7. Minimization of unnecessary congestion;
8. Avoidance of unnecessary environmental
degradation;
9. Encouragement of subdivision develop-
ment in harmony with the natural environ-
ment;
10. Avoidance of danger or injury to health,
safety or general welfare by reason of
natural hazard or the lack of water, sewer,
drainage, access, transportation or other
public services;
11. Avoidance of excessive expenditure of pub-
lic funds for the provision of public ser-
vices;
12. Manner and form of making and filing of
plats for subdivided lands;
13. Administration of these regulations, by de-
fining the powers and the duties of approv-
ing authorities, including procedures for the
review and approval of all subdivision plats;
14. Division of the city into districts with
uniformly applicable standards for develop-
ment 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
chapter.
E. Pursuant to MCA 76-2-304, 76-1-605 and
76-1-606, these regulations are also intended to
implement the goals and objectives of the city's
adopted growth policy. In the case of a difference of
meaning or implication between this chapter and
the city's adopted growth policy, the growth policy
shall control.
(Ord. No. 1645, § 18.02.040, 8-15-2005; Ord. No.
1670, § 18.02.040, 8-28-2006; Ord. No. 1693,
§ 1(18.02.040), 2-20-2007; Ord. No. 1709,
§ 1(18.02.040), 7-16-2007; Ord. No. 1769, exh.
A(18.02.040), 12-28-2009)
Sec. 38.01.050. Interpretation as minimum re-
quirements.
A. In their interpretation and application, the
provisions of this chapter shall be held to be
minimum requirements adopted for the promotion
of the health, safety and general welfare of the
community. In some instances the public interest
will be best served when such minimums are
exceeded. Wherever the requirements of this chap-
ter are at variance with the requirements of any
other lawfully adopted rules or regulations, or
wherever there is an internal conflict within this
chapter, 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 chapter and the
captions or headings for each section, the text shall
control.
C. When interpreting the meaning of this chap-
ter, subsections of the chapter shall be construed in
a manner that will give effect to them all as the
chapter 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 struc-
ture, land or development as set forth in this
chapter.
(Ord. No. 1645, § 18.02.050, 8-15-2005; Ord. No.
1693, § 1(18.02.050; Ord. No. 1709, § 1(18.02.050),
2-20-2007; Ord. No. 1769, exh. A(18.02.050), 12-
28-2009)
§ 38.01.040 BOZEMAN MUNICIPAL CODE
CD38:22PROOFS
Sec. 38.01.060. Donations or grants to public
considered a grant to donee.
Every donation or grant to the public or to any
person, society or corporation marked or noted on a
plat or plan is to be considered a grant to the donee.
(Ord. No. 1645, § 18.02.060, 8-15-2005; Ord. No.
1693, § 1(18.02.060), 2-20-2007; Ord. No. 1709,
§ 1(18.02.060), 7-16-2007; Ord. No. 1769, exh.
A(18.02.060), 12-28-2009)
Sec. 38.01.070. Conditions of approval.
A. Regulation of the subdivision and develop-
ment 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 to the city. Persons undertak-
ing the subdivision, development or use of land
have the duty of complying with reasonable condi-
tions for design, dedication, improvement and re-
strictive 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 con-
ditions may require compliance with more than the
minimum standards established by this chapter.
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 pro-
vided with an application, which error is
discovered after the original approval ac-
tion; and
2. The project is not completed within the
time period provided in the approval or by
this chapter; or
3. The requirement is part of an improvements
agreement and security for completion of
required improvements prior to filing a
final plat or other development.
However, should the owner seek material modifi-
cations (e.g., changes to the intent, nature, or scope
of a subdivision or development, or necessary
improvements) to a previously approved subdivi-
sion, 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 reso-
lution of any appeals. The provisions of section
38.03.040.4.g may also apply to revisions of con-
ditions for preliminary plats.
C. Mandatory compliance with the explicit terms
of this chapter does not constitute conditions of
approval and is not affected by the limitations of
subsection B of this section.
(Ord. No. 1645, § 18.02.070, 8-15-2005; Ord. No.
1693, § 1(18.02.070), 2-20-2007; Ord. No. 1709,
§ 1(18.02.070), 7-16-2007; Ord. No. 1769, exh.
A(18.02.070), 12-28-2009)
Sec. 38.01.080. Compliance with regulations re-
quired.
A. No land shall hereafter be subdivided, used
or occupied, and no building, structure or part
thereof shall hereafter be erected, constructed, re-
constructed, moved or structurally altered, and no
development shall commence unless it is in confor-
mity 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 com-
mission upon review of the development review
committee and other review bodies as may be
required by this chapter.
(Ord. No. 1645, § 18.02.080, 8-15-2005; Ord. No.
1693, § 1(18.02.080), 2-20-2007; Ord. No. 1709,
§ 1(18.02.080), 7-16-2007; Ord. No. 1769, exh.
A(18.02.080), 12-28-2009)
§ 38.01.080UNIFIED DEVELOPMENT CODE
CD38:23PROOFS
Sec. 38.01.090. Developmentthatlieswithinmul-
tiple jurisdictions.
If a proposed development lies partly within the
cityandpartlywithinunincorporatedGallatinCounty,
the proposed development must be submitted to and
approved by both the city and the county.
(Ord. No. 1645, § 18.02.090, 8-15-2005; Ord. No.
1693, § 1(18.02.090), 2-20-2007; Ord. No. 1709,
§ 1(18.02.090), 7-16-2007; Ord. No. 1769, exh.
A(18.02.090), 12-28-2009)
Sec. 38.01.100. Private restrictions.
This chapter is not intended to affect any existing
private agreement or condition such as a deed
restriction or covenant. If any provision of this
chapter is more restrictive or imposes a higher
standard than any such private restriction, the re-
quirements of this chapter shall control. Where the
provisions of any private restriction are more re-
strictive or impose higher standards than the provi-
sions of this chapter, the city has no duty to enforce
such private restrictions or advise of their existence.
The city may enforce a private restriction if the city
is a party to such covenant or restriction, if such
restriction was required by the city, or if it was
relied upon by the city during the land development
process in order to meet the requirements of this
chapter or another required standard. The city may
prohibit private restrictions that violate matters of
law. Covenants are subject to the requirements of
section 38.38.030.
(Ord. No. 1645, § 18.02.100, 8-15-2005; Ord. No.
1693, § 1(18.02.100), 2-20-2007; Ord. No. 1709,
§ 1(18.02.100), 7-16-2007; Ord. No. 1769, exh.
A(18.02.100), 12-28-2009)
Sec. 38.01.110. Severability.
Where any word, phrase, clause, sentence, para-
graph, 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
chapter 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.
(Ord. No. 1645, § 18.02.110, 8-15-2005; Ord. No.
1693, § 1(18.02.110), 2-20-2007; Ord. No. 1709,
§ 1(18.02.110), 7-16-2007; Ord. No. 1769, exh.
A(18.02.110), 12-28-2009)
ARTICLE 2. SUBDIVISION AND PLATTING
ADMINISTRATIVE PROCEDURES*
Sec. 38.02.010. Transfers of title.
A. Unless the plat is located in an area where the
state or the city does not have jurisdiction, every
final subdivision plat must be filed for record with
the county clerk and recorder before title to the
subdivided land can be sold or transferred in any
manner. After a preliminary subdivision plat has
been approved or conditionally approved, the de-
veloper may enter into contracts to sell lots in the
proposed subdivision if all of the following condi-
tions are met:
1. Under the terms of the contracts, the pur-
chasers of lots in the proposed subdivision
shall make any payments to an escrow
agent which must be a bank or savings and
loan association chartered to do business in
the state;
2. Under the terms of the contracts and the
escrow agreement, the payments made by
purchasers of lots in the proposed subdivi-
sion may not be distributed by the escrow
agent to the developer until the final plat of
the subdivision is filed and of record with
the county clerk and recorder;
3. The contracts and the escrow agreement
provide that if the final plat of the proposed
subdivision is not filed with the county
clerk and recorder within two years of the
*State law reference—Montana Subdivision and Plat-
ting Act, MCA 76-3-101 et seq.
§ 38.01.090 BOZEMAN MUNICIPAL CODE
CD38:24PROOFS
preliminary plat approval, the escrow agent
shall immediately refund to each purchaser
any payment made under the contract;
4. The county treasurer has certified that no
real property taxes and special assessments
assessed and levied on the land to be
divided are delinquent; and
5. The contracts shall contain the following
language conspicuously set out therein: "The
real property which is the subject hereof
has not been finally platted, and until a final
plat identifying the property has been filed
with the county clerk and recorder, title to
the property cannot be transferred in any
manner."
B. Unless the plat is located in an area where the
state or the city does not have jurisdiction, the
county clerk and recorder may not record any
instrument that purports to transfer title to or
possession of a parcel or tract of land that is
required to be surveyed by the Montana Subdivi-
sion and PlattingAct (MCA76-3-101 et seq.) unless
the required certificate of survey or subdivision plat
has been filed with the county clerk and recorder
and the instrument of transfer describes the parcel
or tract by reference to the filed certificate or plat.
This provision does not apply if the parcel or tract
to be transferred was created before July 1, 1973,
and the instrument of transfer for the parcel or tract
includes a reference to a previously recorded instru-
ment of transfer or is accompanied by documents
that, if recorded, would otherwise satisfy the re-
quirements of this subsection B. The reference or
document must demonstrate that the parcel or tract
existed before July 1, 1973. However, these refer-
ences or documents do not constitute a legal de-
scription of the property and may not be substituted
for a legal description of the property.
(Ord. No. 1645, § 18.04.010, 8-15-2005)
State law reference—Land transfers, MCA 76-3-301
et seq.
Sec. 38.02.020. Effect of recording complying
plat.
The recording of any plat made in compliance
with the Montana Subdivision and Platting Act
(MCA 76-3-101 et seq.) shall serve to establish the
identity of all lands shown on and being a part of
such plat. Where lands are conveyed by reference to
a plat, the plat itself or any copy of the plat,
properly certified by the county clerk and recorder
as being a true copy thereof, shall be regarded as
incorporated into the instrument of conveyance and
shall be received in evidence in all courts of this
state.
(Ord. No. 1645, § 18.04.020, 8-15-2005)
State law reference—Similar provisions, MCA 76-
3-304.
Sec. 38.02.030. Correction of errors, amend-
ments or vacation of recorded
final plats.
A.Correction of errors.Correction of errors
that, in the opinion of the city commission, will not
materially alter the plat may be made by the
submission of a corrected final plat for the city
commission's approval. The plat may be filed under
the procedures for first minor subdivision plats. The
plat shall be entitled "amended plat of the (name of
subdivision) subdivision," and the reason for the
correction shall be stated on the face of the plat.
B.Material alterations.Amendments that mate-
rially alter the final plat, or any portion thereof,
shall be made by the filing of an amended plat
showing all alterations. The amended plat shall be
approved by the city commission under the major or
minor subdivision procedure, as is appropriate.
Prior to such approval, the amended plat shall be
reviewed by the planning department. The city
commission may not approve an amendment which
will place the plat in nonconformance with the
standards contained herein unless a public hearing
is held on the plat and a written variance from the
standards issued pursuant to procedures contained
herein for such variances is granted. The plat shall
be entitled "amended plat of (the name) subdivi-
sion," and the reason for the amendment shall be
stated on the face of the plat.
C.Vacating recorded plats.Any plat prepared
and recorded as provided by this chapter may be
vacated, in whole or in part, as provided by MCA
§ 38.02.030UNIFIED DEVELOPMENT CODE
CD38:25PROOFS
7-5-2501, 7-5-2502, 7-14-2616(1) and (2), 7-14-
2617, 7-14-4114(1) and (2), and 7-14-4115. Upon
vacation, the city commission, or the district court,
as provided in MCA 7-5-2502, shall determine to
which properties the title to the streets and alleys of
the vacated portions must revert. The city commis-
sion, or the district court, as provided in MCA
7-5-2502, shall take into consideration the previous
platting; the manner in which the right-of-way was
originally dedicated, granted or conveyed; the rea-
sons stated in the petition requesting the vacation;
the parties requesting the vacation; and any agree-
ments between the adjacent property owners regard-
ing the use of the vacated area. The title to the
streets and alleys of the vacated portions may revert
to one or more of the owners of the properties
within the platted area adjacent to the vacated
portions.
1.Utility easements.When any poleline, pipe-
line or any other public or private facility is
located in a vacated street or alley at the
time of the reversion of the title to the
vacated street or alley, the owner of the
public or private utility facility has an
easement over the vacated land to continue
the operation and maintenance of the public
or private utility facility.
(Ord. No. 1645, § 18.04.030, 8-15-2005)
State law reference—Vacation of plats, utility ease-
ments, MCA 76-3-305.
Sec. 38.02.040. Correction of recorded plat by
governing body.
When a recorded plat does not definitely show
the location or size of lots or blocks, or the location
or width of any street or alley, the city may at its
own expense cause a new and correct survey and
plat to be made and recorded in the office of the
county clerk and recorder. The corrected plat must,
to the extent possible, follow the plan of the original
survey and plat. The surveyor making the resurvey
shall endorse the corrected plat referring to the
original plat, and noting the defect existing therein
and the corrections made.
(Ord. No. 1645, § 18.04.040, 8-15-2005)
State law reference—Similar provisions, MCA 76-
3-614.
Sec. 38.02.050. Disposition of water rights.
A. When a subdivision creates parcels with lot
sizes averaging less than five acres, the developer
shall:
1. Reserve all or a portion of the appropriation
water rights owned by the owner of the land
to be subdivided and transfer the water
rights to a single entity for use by the
landowners within the subdivision who have
a legal right to the water and reserve and
sever any remaining surface water rights
from the land;
2. If the land to be subdivided is subject to a
contract or interest in a public or private
entity formed to provide the use of a water
right on the subdivision lots, establish a
landowner's water use agreement adminis-
tered through a single entity that specifies
administration and the rights and responsi-
bilities of landowners within the subdivi-
sion who have a legal right and access to
the water; or
3. Reserve and sever all surface water rights
from the land proposed for subdivision.
(Ord. No. 1645, § 18.04.050, 8-15-2005)
State law reference—Mandate for this section, MCA
76-3-504(1)(j).
ARTICLE 3. REVIEW PROCEDURES FOR
SUBDIVISIONS*
Sec. 38.03.010. General procedure.
Every plat of subdivision must be reviewed,
approved and filed for record with the county clerk
and recorder in accordance with the procedures
contained herein before title to the subdivided land
can be sold or transferred in any manner. Subdivi-
sions containing six or more lots shall be considered
major subdivisions. A subdivision containing five
or fewer lots, in which proper access to all lots is
*State law reference—Local review procedure for
subdivisions, MCA 76-3-601 et seq.
§ 38.02.030 BOZEMAN MUNICIPAL CODE
CD38:26PROOFS
provided and in which no land is to be dedicated to
public use for parks and playgrounds, shall be a
minor subdivision.
(Ord. No. 1645, § 18.06.010, 8-15-2005; Ord. No.
1693, § 2(18.06.010), 2-20-2007; Ord. No. 1769,
exh. B(18.06.010), 12-28-2009)
Sec. 38.03.020. Presubmittal meeting and preap-
plication plan review.
A. The purpose of a preapplication plan review
is to discuss this chapter 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.
1.Minor subdivisions.Prior to the submittal
of a subdivision application for a minor
subdivision, the developer shall submit an
application for subdivision preapplication
review.
2.Major subdivisions.Prior to the submittal
of a subdivision application for a major
subdivision, the developer shall submit an
application for subdivision preapplication
review. The developer is encouraged to
have a presubmittal meeting with the plan-
ning department prior to submitting a sub-
division preapplication.
3.Preapplication plan review.For subdivision
preapplication review, the developer shall
submit a complete application for preap-
plication plan review, the appropriate re-
view fee, and copies of all required preap-
plication information as set forth in section
38.41.030.
a. Planning department review.The plan-
ningdepartmentshallreviewthepreap-
plication plan and advise the devel-
oper as to whether the plans and data
meet the goals and objectives of ap-
plicable plans and this chapter.
(1)Agency review.The planning de-
partmentwilldistributethepreap-
plication information to appro-
priatecountyandcitydepartments
and state and federal agencies
for review and written comment.
All written comments received
fromvariousagencies,alongwith
the planning department's com-
mentsregardingwhethertheplans
anddatameetthestandards,goals
andobjectivesofapplicableplans,
ordinances, and this chapter, and
for informational purposes iden-
tificationoflocalregulations,state
laws, and growth policy provi-
sions that may apply to the sub-
division process, will be for-
warded to the applicant to aid in
the preparation of the subdivi-
sion 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
subdivisionapplication.Thecom-
ments collected by the planning
department shall be provided in
person or by letter to the subdi-
vider or their agent within 30
calendar days of a complete ap-
plication being received by the
city. The 30 calendar day review
period shall be considered met if
the letter is dated, signed and
placedintheoutgoingmailwithin
the 30 calendar day review pe-
riod.
(2)Time for review.The planning
departmentshallreviewthepreap-
plicationplanandwithin30work-
ing days advise the developer as
to whether the plans and data
meet the goals and objectives of
applicable plans and this chap-
ter. Every effort shall be made
by the planning department to
§ 38.03.020UNIFIED DEVELOPMENT CODE
CD38:27PROOFS
obtain department and agency
comment within this time pe-
riod.
b. Optional planning board review. If the
developer so wishes, the developer
may request in writing that the plan-
ningboardreviewpreapplicationplans.
The letter of request and additional
copies of the preapplication materials
are required for this optional review.
(1) The request must be received at
least 30 working days prior to
the planning board meeting at
which it is to be considered. The
application will be submitted to
the planning board at their next
available meeting. A copy of the
approved minutes of the plan-
ning board meeting will be for-
warded to the developer.
c. Time for follow-up submittal. A com-
plete subdivision preliminary plat ap-
plication shall be submitted to the
planning department within one cal-
endar year of the date the planning
office dates, signs and places in the
outgoing mail.
d. The property owner will not receive
formal written notification on the ac-
ceptability or adequacy of a subdivi-
sion preapplication plan submittal.
(Ord. No. 1645, § 18.06.020, 8-15-2005; Ord. No.
1693, § 2(18.06.020), 2-20-2007; Ord. No. 1769,
exh. B(18.06.020), 12-28-2009)
State law reference—Mandate for preapplication
process, MCA 76-3-504(1)(q).
Sec. 38.03.030. Concurrent review.
The developer has the option of submitting a
state department of environmental quality (DEQ)/
local government joint application form in the place
of a preliminary plat application form, and to
request concurrent subdivision review by the state
department of environmental quality and the city
commission, pursuant to MCA 76-4-129.
(Ord. No. 1645, § 18.06.030, 8-15-2005; Ord. No.
1693, § 2(18.06.030), 2-20-2007; Ord. No. 1769,
exh. B(18.06.030), 12-28-2009)
Sec. 38.03.040. Preliminary plat.
A. After the requirement for a preapplication
review has been satisfied, the developer may submit
a subdivision application. Subdivision applications
shall be submitted, along with the appropriate
review fee and all required subdivision application
information as set forth in article 41 of this chapter
to the planning department and must conform to the
requirements of this chapter. The preliminary plat
shall be prepared by a surveyor licensed to practice
in the state.
1.Acceptability and adequacy of application.
The time limits in subsections 1.a and b of
this section apply to each successive sub-
mittal of the application until a determina-
tion is made that the application contains
the required materials and is adequate for
review and the subdivider or their agent is
notified.
a. The planning department shall review
a subdivision application within five
working days of receipt of the appli-
cation and applicable fee submitted in
accordance with any deadlines estab-
lished for submittal to determine if the
application is acceptable. An applica-
tion is acceptable only if it contains all
of the information required by this
chapter. If the application is unaccept-
able, 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 des-
ignate in writing another party to re-
ceive notifications regarding accept-
§ 38.03.020 BOZEMAN MUNICIPAL CODE
CD38:28PROOFS
ability. The five working day review
period shall be considered met if the
letter is dated, signed and placed in
the outgoing mail within the five day
review period.
b. After the application is deemed ac-
ceptable it shall be reviewed for ade-
quacy. The review for adequacy shall
beconductedbytheappropriateagency
with expertise in the subject matter.
The adequacy review period shall be-
gin on the next working day after the
date that the planning department de-
termines 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 outgo-
ing 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 subdivider, who is
the property owner. If the application
is adequate the subdivider shall be so
notified. The property owner may des-
ignate in writing another party to re-
ceive notifications regarding ade-
quacy.
(1) In the event the missing infor-
mation is not received by the
city within 15 working days of
notification to the subdivider of
inadequacy, all application ma-
terials and one-half of the re-
view fee shall be returned to the
subdivider or their representa-
tive. Subsequent resubmittal shall
require payment of a review fee
as if it were a new application.
(2) A determination that an applica-
tion is adequate does not restrict
the city from requesting addi-
tionalinformationduringthesub-
division review process.Adeter-
mination of adequacy establishes
the applicable review criteria as
specified in section 38.34.080.A.
c. The DRC may grant reasonable waiv-
ers from submittal of application ma-
terials required by these regulations
where it is found that these regula-
tions allow a waiver to be requested
and granted. If in the opinion of the
final approval authority the waived
materials are necessary for proper re-
view of the development, the materi-
als shall be provided before review is
completed.
d. In order to be granted a waiver the
applicant shall include with the sub-
mission of the subdivision application
a written statement describing the re-
quested waiver and the reasons upon
which the request is based. The final
approval body shall then consider each
waiver at the time the subdivision
application is reviewed. All waivers
must be initially identified with the
preapplication stage of review.
2.Review by affected agencies.After an ap-
plication is deemed acceptable, the plan-
ning department may submit copies of the
preliminary plat and supplementary infor-
mation to relevant public utilities and pub-
lic agencies for review and comment, and
to the planning board for its advice pertain-
ing to the approval or denial of the subdi-
vision application. Review by public agen-
cies or utilities shall not delay the city
commission's consideration of the subdivi-
sion application beyond the statutorily spec-
ified review period. If the planning depart-
ment shall request review by a public utility,
agency of government, and other parties
regarding the subdivision application that
§ 38.03.040UNIFIED DEVELOPMENT CODE
CD38:29PROOFS
was not identified during the preapplication
review the planning department shall notify
the subdivider.
3.Planning board review.At a regularly no-
ticed meeting or public hearing, the plan-
ning board shall review all subdivision
applications, together with required supple-
mentary plans and information, and deter-
mine whether the plat is in compliance with
the city's growth policy. The planning board
shall hold a public hearing on all subdivi-
sions for which a public hearing is required.
a.Public testimony.All written public
comment received at or prior to a
public hearing shall be incorporated
into the written record of the review.
Minutes shall be taken of verbal com-
ment received during the public hear-
ing or public meeting before the plan-
ning board and shall be incorporated
into the written record of the review.
Copies of the minutes and written
comments shall be included in any
recommendation made to the city com-
mission by the planning board.
b.Planning board recommendation.
Within ten working days of their re-
view, the planning board shall submit
in writing to the city commission, a
resolution forwarding its advice re-
garding compliance with the city's
growth policy, and a recommendation
for approval, conditional approval or
denial of the subdivision application.
4.City commission review.The city commis-
sion shall review and take action on all
proposed subdivisions.
a. The following requirements for a pub-
lic hearing or a public meeting, and
for statutory review periods, shall be
met:
(1) First minor subdivision created
from a tract of record. The city
commission shall consider the
subdivision application and the
planning board's recommenda-
tion during a regular public meet-
ing 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 sub-
division within 35 working days
of the determination that the ap-
plication is adequate, unless there
is a written extension from the
developer for a period not to
exceed one year. A minor subdi-
vision must reviewed as a sec-
ond or subsequent minor subdi-
vision if the tract has been
previously subdivided or created
by a subdivision; or the tract has
descended from a tract of record
which has previously been di-
vided by exemption or other
means into six or more tracts of
record since July 1, 1973.
(a) Variance requests for mi-
nor subdivisions. If the de-
veloper of a minor subdivi-
sionisrequestingavariance
from any requirement of
this chapter, the procedures
of section 38.35.070 must
be followed except that a
public hearing shall not be
held.
(2) Subdivisions eligible for sum-
mary review. The city commis-
sion shall consider the applica-
tion and the planning board's
recommendation during a regu-
lar public meeting of the com-
mission. The city commission
shall approve, conditionally ap-
prove or deny a proposed subdi-
vision that is eligible for sum-
mary review within 35 calendar
§ 38.03.040 BOZEMAN MUNICIPAL CODE
CD38:30PROOFS
days of determination that the
application is adequate, unless
there is a written extension from
the developer. Minor subdivi-
sions are eligible for summary
review if the plat has been ap-
proved by the state department
of environmental quality when-
everapprovalisrequiredbyMCA
76-4-101 et seq.
(3) Second or subsequent minor sub-
division created from a tract of
record. For the second or subse-
quent minor subdivision created
from a tract of record, the city
commission shall hold a public
hearing on the subdivision appli-
cation.The city commission shall
approve, conditionally approve
or deny the subdivision applica-
tion of a second or subsequent
minor subdivision within 60
working days of the determina-
tion that the application is ade-
quate for review, unless there is
a written extension from the de-
veloper, not to exceed one year.
(4) 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
thesubdivisionapplicationwithin
60 working days of the determi-
nation that the application is ad-
equate for review if the subdivi-
sion has less than 50 lots, and
within 80 working days of the
determination that the applica-
tion is adequate for review if the
subdivision has 50 or more lots,
unless there is a written exten-
sion from the developer, not to
exceed one year.
(5) Publictestimony.Allwrittenpub-
lic comment received at a public
meeting or public hearing prior
to a decision to approve, ap-
prove with conditions, or deny a
subdivision application shall be
incorporated into the written re-
cord of the review. Minutes shall
be taken of verbal comments
received during the public hear-
ing before the city commission
and shall be incorporated into
the written record of the review
maintained by the city.
(6) New and credible information.
The city commission shall deter-
mine whether public comments
or documents presented to the
city commission at a public hear-
ing regarding a subdivision ap-
plication held pursuant to sec-
tion 38.03.040.A.44 constitute:
(a) Information or analysis of
information that was pre-
sented at a public hearing
held pursuant to section
38.03.040.A.44thatthepub-
lic has had a reasonable
opportunity to examine and
on which the public has
had a reasonable opportu-
nity to comment; or
(b) New information regarding
a subdivision application
that has never been submit-
ted as evidence or consid-
ered by either the city com-
mission, planning board or
by city staff at a hearing
during which the subdivi-
sion application was con-
sidered.
(c) If the city commission de-
termines that the public
comments or documents
§ 38.03.040UNIFIED DEVELOPMENT CODE
CD38:31PROOFS
constitute new information
not previously considered
at a public hearing, the city
commission may:
(i) Approve, condition-
ally approve, or deny
the proposed subdivi-
sion without basing its
decision on the new
informationifthegov-
erning body deter-
mines that the new
information is either
irrelevant or not cred-
ible; or
(ii) Schedule or direct its
agent or agency to
schedule a subsequent
public hearing before
the city commission
for consideration of
only the new informa-
tion that may have an
impact on the find-
ings and conclusions
that the governing
body will rely upon
in making its decision
on the proposed sub-
division.
(iii) In deciding whether
theinformationisboth
new and credible the
city commission shall
consider:
(A) Whether the
topic of the in-
formation has
previously been
examined or
available for ex-
amination at a
public hearing
on the subdivi-
sion application;
(B) Whether the in-
formation is ver-
ifiable,andifap-
plicable
developed by a
person with pro-
fessionalcompe-
tency in the sub-
ject matter;
(C) Whether the in-
formation is rel-
evant to a topic
within the juris-
diction of the
city.
(d) If a subsequent public hear-
ing is held to consider new
and credible information,
the 60 working day review
period required in section
38.03.040.A.4 is suspended
and the new hearing must
be noticed and held within
45 days of the governing
body's determination to
schedule a new hearing.Af-
ter 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 govern-
ing body may not consider
any information regarding
the subdivision application
that is presented after the
hearing when making its
decision to approve, condi-
tionally approve, or deny
the proposed subdivision.
(7) When the subdivision does not
qualify, pursuant to MCA 76-4-
125(2), for the certification es-
§ 38.03.040 BOZEMAN MUNICIPAL CODE
CD38:32PROOFS
tablished in section 38.03.050
the city shall, at any public hear-
ing,collectpubliccommentgiven
regarding the information re-
quired by section 38.41.050.A.9
regardingsanitation.Thecityshall
make any comments submitted
or a summary of the comments
submitted available to the subdi-
vider within 30 days after con-
ditional approval or approval of
the subdivision application.
(a) Thesubdividershall,aspart
of the subdivider's applica-
tion for sanitation approval,
forward the comments or
the summary provided by
the governing body to the:
(i) Reviewing authority
provided for in title
76, chapter 4 Mon-
tana Code Annotated
(MCA 76-4-101 et
seq.), for subdivisions
that will create one or
more parcels contain-
ing less than 20 acres;
and
(ii) Local health depart-
ment or board of
health for proposed
subdivisions that will
create one or more
parcels containing 20
acres or more and less
than 160 acres.
(b) Parcel size.
(i) For a proposed subdi-
vision that will create
one or more parcels
containing less than
20 acres, the govern-
ing body may require
approval by the de-
partment of environ-
mental quality as a
condition of approval
of the final plat.
(ii) For a proposed subdi-
vision that will create
one or more parcels
containing 20 acres or
more, the governing
body may condition
approval of the final
plat upon the subdi-
vider demonstrating,
pursuant to MCA 76-
3-604, that there is an
adequate water source
and at least one area
forasepticsystemand
a replacement
drainfield for each lot.
b. Criteria for city commission action.
The basis for the city commission's
decision to approve, conditionally ap-
prove 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 chapter, the city's
growth policy, the Montana Subdivi-
sion and Platting Act and other ad-
opted state and local ordinances, in-
cluding, but not limited to, applicable
zoning requirements. The city com-
mission may not deny approval of a
subdivision based solely on the sub-
division's impacts on educational ser-
vices. When deciding to approve, con-
ditionallyapproveordenyasubdivision
application, the city commission shall:
(1) Review the preliminary plat, to-
gether with required supplemen-
tary plans and information, to
determine if it meets the require-
ments of this chapter, the devel-
§ 38.03.040UNIFIED DEVELOPMENT CODE
CD38:33PROOFS
opment standards and policies of
the city's growth policy, the Mon-
tanaSubdivisionandPlattingAct,
and other adopted state laws and
local ordinances, including but
not limited to applicable zoning
requirements.
(2) Consider written comments from
appropriate public agencies, util-
ities or other members of the
public.
(3) Consider the following:
(a) Relevant evidence relating
to the public health, safety
and welfare;
(b) Otherregulations,codepro-
visions or policies in effect
in the area of the proposed
subdivision;
(c) The recommendation of the
planning board; and
(d) Any relevant public testi-
mony.
(4) When the subdivision does not
qualify, pursuant to MCA 76-4-
125(2), for the certification es-
tablished in section 38.03.050
the city commission may condi-
tionally approve or deny a pro-
posed subdivision as a result of
the water and sanitation informa-
tion provided pursuant to section
38.41.050.A.9 or public com-
ment received pursuant to 76-3-
604 on the information provided
pursuant to section 38.41.050. A
conditional approval or denial
shall be based on existing subdi-
vision, zoning, or other regula-
tions that the city commission
has the authority to enforce.
c. City commission action. If the city
commission denies or conditionally
approves the subdivision application,
it shall forward one copy of the plat to
the developer accompanied by a letter
over the appropriate signature stating
the reason for disapproval or enumer-
ating the conditions that must be met
to ensure approval of the final plat.
This written statement must include:
(1) The reason for the denial or
condition imposition;
(2) The evidence that justifies the
denial or condition imposition;
and
(3) Information regarding the ap-
peal process for the denial or
condition imposition.
d. Mitigation. The city commission may
require the developer to design the
subdivision to reasonably minimize
potentially significant adverse im-
pacts identified through the review
required by this chapter. The city
commission shall issue written find-
ings to justify the reasonable mitiga-
tion required by this chapter. The city
commission may not unreasonably re-
strict a landowner's ability to develop
land, but it is recognized that in some
instances the unmitigated impacts of a
proposed development may be unac-
ceptable and will preclude approval of
the plat. When requiring mitigation
under this subsection 4.d, the city
commission shall consult with the de-
veloper and shall give due weight and
consideration to the expressed prefer-
ence of the developer.
e. Findings of fact. Within 30 working
days of the final action to approve,
deny, or approve with conditions a
subdivision, the city commission shall
issue written findings of fact that dis-
§ 38.03.040 BOZEMAN MUNICIPAL CODE
CD38:34PROOFS
cuss and weigh the following criteria,
as applicable (pursuant to MCA 76-3-
608):
(1) Criteria.
(a) Compliance with the sur-
vey requirements of the
Montana Subdivision and
Platting Act;
(b) Compliance with this chap-
ter and the review process
of these regulations;
(c) The provision of easements
to and within the subdivi-
sion for the location and
installation of any neces-
sary utilities;
(d) The provision of legal and
physical access to each par-
cel within the subdivision
and the notation of that
accessontheapplicableplat
and any instrument trans-
ferring the parcel; and
(e) For major subdivisions, the
findings of fact shall also
address the effect on agri-
culture, agricultural water
user facilities, local ser-
vices, the natural environ-
ment, wildlife and wildlife
habitat, and public health
and safety.
(2) Required components. The writ-
ten findings of fact shall contain
at a minimum:
(a) Information regarding the
appeal process for the de-
nial or imposition of con-
ditions;
(b) Identifies the regulations
and statutes used in reach-
ing the decision to deny or
impose conditions and ex-
plains how they apply to
the decision;
(c) Provides the facts and con-
clusions that the governing
body relied upon in mak-
ing its decision to deny or
imposeconditions.Thedoc-
uments, testimony, or other
materials that form the ba-
sis of the decision and sup-
port the conclusions of the
governing body may be in-
corporated into the written
findings by reference.
f. Subdivision application approval pe-
riod. Upon approving or conditionally
approving a subdivision application,
the city commission shall provide the
developer with a dated and signed
statement of approval. This approval
shall be in force for not more than one
calendar year for minor subdivisions,
two years for single-phased major sub-
divisions and three years for
multiphased major subdivisions. At
the end of this period, the city com-
mission may, at the written request of
the developer, extend its approval for
no more than one calendar year, ex-
cept 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 condi-
tion of a written subdivision improve-
mentsagreementbetweenthecitycom-
mission and the developer, provided
for in section 38.39.060.
g. Changes to conditions after approval.
Upon written request of the developer,
the city commission may amend con-
ditions of subdivision application ap-
proval where it can be found that
errors or changes beyond the control
of the developer have rendered a con-
dition unnecessary, impossible or ille-
gal. Changes to conditions that are not
§ 38.03.040UNIFIED DEVELOPMENT CODE
CD38:35PROOFS
unnecessary, impossible or illegal shall
be subject to the provisions of section
38.01.070.
(1) The written request shall be sub-
mitted to the planning depart-
ment.
(2) The written consent of all pur-
chasers of land (via contract for
deed, etc.) shall be included with
the written request to amend con-
ditions.
(3) If it is an application for a major
subdivision, the city commission
shall conduct a public hearing
on the request. If it is an appli-
cation for a minor subdivision,
the city commission shall con-
sider the request at a regularly
scheduled meeting.
(a) If a public hearing is held,
public notice of the hearing
shall be given in accor-
dance with this chapter.
(4) The city commission may ap-
prove the requested change if it
meets the criteria set forth in this
chapter.
(5) The city commission shall issue
written findings of fact as re-
quired in this chapter.
(Ord. No. 1645, § 18.06.040, 8-15-2005; Ord. No.
1693, § 2(18.06.040), 2-20-2007; Ord. No. 1769,
exh. B(18.06.040), 12-28-2009)
State law reference—Review of subdivision applica-
tion, MCA 76-3-604.
Sec. 38.03.050. Notice of certification that water
and waste services will be pro-
vided by local government.
A. If the developer is proposing to request an
exemption from the department of environmental
quality (DEQ) for infrastructure plan and specifica-
tion review, the subdivision application shall in-
clude a written request from the developer's profes-
sional engineer, licensed in the state, that indicates
the intent to request the exemption, and details the
extent of water, sewer and stormwater infrastructure
that will be completed prior to final plat approval.A
detailed preliminary stormwater drainage plan must
also be submitted with the written request. The
director of public service shall, prior to final plat
approval, send notice of certification to the DEQ
per MCA 76-4-127.
1. The notice of certification shall include the
following:
a. The name and address of the appli-
cant;
b. A copy of the preliminary plat in-
cluded with the application for the
proposed subdivision or a final plat
where a preliminary plat is not neces-
sary;
c. The number of proposed parcels in the
subdivision;
d. A copy of any applicable zoning ordi-
nances in effect;
e. How construction of the sewage dis-
posal and water supply systems or
extensions will be financed;
f. Certification that the subdivision is
within a jurisdictional area that has
adopted a growth policy pursuant to
title 76, chapter 1, Montana Code
Annotated (MCA 76-1-101 et seq.)
and a copy of the growth policy, when
applicable;
g. The relative location of the subdivi-
sion to the city;
h. Certification that adequate municipal
facilities for the supply of water and
disposal of sewage and solid waste are
available or will be provided within
the time provided in MCA 76-3-507;
i. If water supply, sewage disposal or
solid waste facilities are not munici-
pally owned, certification from the
facility owners that adequate facilities
are available; and
§ 38.03.040 BOZEMAN MUNICIPAL CODE
CD38:36PROOFS
j. Certification that the city commission
has reviewed and approved plans to
ensure adequate stormwater drainage.
(Ord. No. 1645, § 18.06.050, 8-15-2005; Ord. No.
1693, § 2(18.06.050), 2-20-2007; Ord. No. 1769,
exh. B(18.06.050), 12-28-2009)
Sec. 38.03.060. Final plat application.
A. After the conditions of preliminary approval
and the requirements for the installation of improve-
ments have been satisfied, the developer shall cause
to be prepared a final plat. The final plat shall
conform to the uniform standards for final subdivi-
sion plats as set forth in section 24.183.1107 ARM.
Plans and data shall be prepared under the supervi-
sion of a registered surveyor, licensed in the state,
as their licensing laws allow.
1.Final plat submittal.The final plat and all
supplementary documents shall be submit-
ted to the planning department at least 30
working days prior to the expiration of
subdivision application approval or any
extension thereto. The submittal shall in-
clude a final plat application form, the
appropriate review fee, all information re-
quired by section 38.41.070 and a written
explanation of how each of the conditions
of subdivision application approval has been
satisfied.
2.County treasurer certification.A final plat
will not be accepted as complete until the
county treasurer has certified that no real
property taxes and special assessments as-
sessed and levied on the land to be subdi-
vided are delinquent.
3.Review of abstract and covenants.With the
final plat, the developer shall submit to the
planning department a certificate of a li-
censed 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 devel-
oper, and any lienholders or claimants of
record against the land. The certificate of
licensed title abstractor shall be dated no
earlier than 30 calendar days prior to sub-
mittal. 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 certif-
icate.
4.Review by the planning department.The
planning department will then review the
final plat application to ascertain that all
conditions and requirements for final ap-
proval have been met. If all conditions and
requirements for final approval have been
met, the planning department shall forward
a report to the city commission for their
action.
5.Final plat approval.The city commission
shall examine every final plat, and within
45 working days of the date of submission
to the planning department, shall approve it
if it conforms to the conditions of prelimi-
nary approval and the terms of this chapter.
The city commission shall examine every
final plat at a regular meeting.
1. If the final plat is approved, the direc-
tor of public service shall so certify
the approval in a printed certificate on
the plat.
2. If the final plat is denied, the city
commission shall cause a letter to be
written to the developer stating the
reasons therefor.
6.Filing.The developer shall file the ap-
proved, signed final plat and all other
required certificates and documents with
the county clerk and recorder within 60
days of the date of final approval.
(Ord. No. 1645, § 18.06.060, 8-15-2005; Ord. No.
1693, § 1(18.06.060), 2-20-2007; Ord. No. 1769,
exh. B(18.06.060), 12-28-2009)
§ 38.03.060UNIFIED DEVELOPMENT CODE
CD38:37PROOFS
Sec. 38.03.070. Changestofiledsubdivisionplats.
Changes to a filed subdivision plat must be filed
with the county clerk and recorder as an amended
plat. An amended plat may not be filed unless it
meets the filing requirements for a final subdivision
plat specified in these regulations.
(Ord. No. 1645, § 18.06.070, 8-15-2005; Ord. No.
1693, § 1(18.06.070), 2-20-2007; Ord. No. 1769,
exh. B(18.06.070), 12-28-2009)
ARTICLE 4. LAND SUBDIVISIONS
CREATED BY RENT OR LEASE
Sec. 38.04.010. General.
A. Land subdivisions created by rent or lease,
rather than sale, refer to areas that provide multiple
spaces for manufactured homes, mobile homes or
recreational camping vehicles regardless of the size
of the area or whether the spaces will be made
available for rent by the general public for a fee.
The land shall be owned as one parcel under single
ownership, which can include a number of persons
owning the property in common. Subdivisions com-
plying with section 38.05.010.A.8 and 9, are not
subject to this article.
B. Land proposed for a subdivision created by
rent or lease shall have a RMH, Residential Manu-
factured Home or RS, Residential Suburban zoning
designation.
C. DPHHS license. If a land subdivision by rent
or lease, that will provide multiple spaces for
manufactured homes, mobile homes or recreational
camping vehicles is also a "campground," "trailer
court," "work camp," or "youth camp" as defined in
this subsection C, the city commission shall not
grant final approval until the developer obtains a
license for the facility from the state department of
public health and human services (DPHHS) under
title 50, chapter 52 (MCA 50-52-101 et seq.).
1. "Campground" means a parcel of land avail-
able to and principally used by the public
for camping, where persons can camp,
secure tents or cabins, or park trailers for
camping and sleeping purposes.
2. "Trailer court" means a parcel of land upon
which two or more spaces are available to
the public and designated for occupancy by
trailers, manufactured homes or mobile
homes for use as residences. The term does
not include a parcel composed of platted
lots, if each lot:
a. Is filed with the county clerk and
recorder;
b. Contains only one trailer space; and
c. Is served by a public water supply
system and public sewage system that
meet the requirements of rules for
systems adopted pursuant to title 75,
chapter 6, part 1 (MCA 75-6-101 et
seq.), and that are located within the
boundaries of the city.
3. "Work camp" means a parcel of land on
which housing is provided by a person for
two or more families or individuals living
separately, for the exclusive use of the
employees of the person and the families, if
any, of the employees. For purposes of this
subsection C, "housing" includes but is not
limited to camping spaces; trailer parking
spaces; manufactured, mobile, modular or
permanent barracks or structures; and any
appurtenant water supply and distribution
system, sewage collection and disposal sys-
tem, solid waste collection and disposal
system, or food service and dining facili-
ties. Housing does not include shelter pro-
vided by an employer for persons who are
employed to perform agricultural duties on
a ranch or farm.
4. "Youth camp" means a parcel of land on
which permanent buildings, tents or other
structures are maintained as living quarters
for ten or more people and that is used
primarily for educational or recreational
use by minors. The term includes any
§ 38.03.070 BOZEMAN MUNICIPAL CODE
CD38:38PROOFS
appurtenant water supply and distribution
system, sewage collection and disposal sys-
tem, solid waste collection and disposal
system, or food service and dining facili-
ties.
D. Surveying and filing requirements exemp-
tion. Land subdivisions created by rent or lease are
exempt from the surveying and filing requirements
of the Montana Subdivision and PlattingAct (MCA
76-3-101 et seq.).
(Ord. No. 1645, § 18.08.010, 8-15-2005)
Sec. 38.04.020. Procedure, submittal require-
ments and review criteria.
A. Land subdivisions created by rent or lease
shall be submitted, reviewed and approved by the
city before any portions of the development may be
rented or leased. The developer shall apply for site
plan and subdivision review.
B. Site plan review. All relevant procedures,
submittal requirements and review criteria con-
tained in article 19 of this chapter shall apply. The
development shall also comply with the require-
ments of article 8 of this chapter and sections
38.22.120 and 38.22.170.
C. Subdivision review. The subdivision review
procedure and review criteria for land subdivisions
created by rent or lease will depend upon the
number of spaces within the proposed development.
Proposed developments containing five or fewer
spaces for rent or lease shall be reviewed as minor
subdivisions according to the provisions of article 3
of this chapter and proposed developments contain-
ing six or more spaces for rent or lease shall be
reviewed as major subdivisions according to the
provisions of article 3 of this chapter.
1. Preapplication plan.The preapplication plan
shall be reviewed using the procedures
contained in section 38.03.020. The submit-
tal materials listed in section 38.41.030
shall be provided.
2. Preliminary plan submittal and procedure.
For land subdivisions created by rent or
lease, the developer shall submit a prelim-
inary plan in lieu of a preliminary plat, a
completed application for minor subdivi-
sion or major subdivision as appropriate,
and the materials listed in sections 38.41.050
and 38.41.060.
3. Final plan submittal and procedure. For
land subdivisions created by rent or lease,
the developer shall submit a final plan in
lieu of a final plat, a completed final plat
application and the materials listed in sec-
tion 38.41.070.
4. Supplementary materials. In addition to the
submittal requirements of article 41 of this
chapter, preliminary and final plans for land
subdivisions created by rent or lease shall
show the following:
a. A layout of all spaces proposed for
rent or lease;
b. Location of commonly owned areas
and facilities; and
c. Parks and/or recreation areas.
5. Boundary lines. All preliminary and final
plans may show approximate boundary, lot,
right-of-way or other lines.
(Ord. No. 1645, § 18.08.020, 8-15-2005)
Sec. 38.04.030. Timing of improvements.
Before any portion of a land subdivision created
by rent or lease can be rented or leased, all required
improvements shall be installed, inspected and
found compliant with the approved plan, and where
applicable accepted by the city.
(Ord. No. 1645, § 18.08.030, 8-15-2005)
Sec. 38.04.040. Filing of final plan.
Once the final plan has been approved by the city
commission, an original copy of the approved plan
shall be filed with the county clerk and recorder as
a "miscellaneous" document and another copy of
the approved plan shall be retained by the engineer-
ing division of the department of public services.
(Ord. No. 1645, § 18.08.040, 8-15-2005)
§ 38.04.040UNIFIED DEVELOPMENT CODE
CD38:39PROOFS
ARTICLE 5. SUBDIVISION EXEMPTIONS*
Sec. 38.05.010. Divisions of land entirely ex-
empt from the requirements of
this chapter and the state subdi-
vision and platting act.
A. Unless the method of disposition is adopted
for the purpose of evading this chapter or the
Montana Subdivision and Platting Act (MCA 76-3-
101 et seq.) (the "Act"), the requirements of this
chapter pertaining to subdivisions and the Act may
not apply when (references below the following text
are to the authorizing law):
1. Adivision of land is created by order of any
court of record in this state or by operation
of law or that, in the absence of agreement
between the parties to the sale, could be
created by an order of any court in the state
pursuant to the law of eminent domain
(MCA 70-30-101 et seq.; MCA 76-3-
201(1)(a)):
a. Before a court of record orders a
division of land, the court shall notify
the governing body of the pending
division and allow the governing body
to present written comment on the
division;
2. A division of land is created to provide
security for mortgages, liens or trust inden-
tures for the purpose of construction, im-
provements to the land being divided, or
refinancingpurposes(MCA76-3-201(1)(b)).
This exemption applies:
a. To a division of land of any size;
b. If the land that is divided is not
conveyed to any entity other than the
financialorlendinginstitutiontowhich
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 di-
vided land, by the owner of the prop-
erty 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 require-
ments of the Montana Subdivision
and Platting Act and article 3 of this
chapter;
c. To a parcel that is created to provide
security, however the remainder of the
tract of land is subject to the provi-
sions of the Montana Subdivision and
Platting Act and article 3 of this chap-
ter if applicable;
3. A division of land creates an interest in oil,
gas, minerals or water that is severed from
thesurfaceownershipofrealproperty(MCA
76-3-201(1)(c));
4. A division of land creates cemetery lots
(MCA 76-3-201(1)(d));
5. A division of land is created by the reser-
vation of a life estate (MCA76-3-201(1)(e));
6. A division of land is created by lease or
rental for farming and agricultural purposes
(MCA 76-3-201(1)(f);
7. 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, com-
mercial or industrial use is subject to the
requirements of the Montana Subdivision
and PlattingAct and article 3 of this chapter
(MCA 76-3-201(1)(h));
8. The land upon which an improvement is
situated has been subdivided in compliance
with this chapter and the Act, the sale, rent,
lease or other conveyance of one or more
parts of a building, structure or other im-
provement situated on one or more parcels
of land is not a division of land (MCA
76-3-202);
9. The sale, rent, lease or other conveyance of
one or more parts of a building, structure or
*State law reference—Miscellaneous exemptions,
MCA 76-3-201 et seq.
§ 38.05.010 BOZEMAN MUNICIPAL CODE
CD38:40PROOFS
other improvement, whether existing or
proposed, is not a division of land (MCA
76-3-204);
10. Adivision 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 for onsite weather or air
navigation facilities, the manufacture, main-
tenance, and storage of aircraft, or air
carrier-relatedactivities(MCA76-3-205(1));
11. A division of state-owned land unless the
division creates a second or subsequent
parcel from a single tract for sale, rent or
lease for residential purposes after July 1,
1974 (MCA 76-3-205(2); and
12. Deeds, contracts, leases or other convey-
ances that were executed prior to July 1,
1974 (MCA 76-3-206).
(Ord. No. 1645, § 18.10.010, 8-15-2005; Ord. No.
1769, exh. C(18.10.010), 12-28-2009)
State law reference—Similar provisions, MCA 76-
3-201, 76-3-202, 76-3-204, 76-3-205, 76-3-206.
Sec. 38.05.020. Specific divisions of land exempt
from review but subject to sur-
veyrequirementsandzoningreg-
ulations for divisions of land not
amounting to subdivisions.
A. Unless the method of disposition is adopted
for the purpose of evading this chapter or the Act,
the following divisions or aggregations of land are
not subdivisions under this chapter and the Act, but
are subject to the surveying requirements of MCA
76-3-401 for lands other than subdivisions and are
subject to applicable zoning regulations adopted
under title 76, chapter 2, Montana Code Annotated
(MCA76-2-101 et seq.).Adivision 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 MCA
76-3-207(1).
1. Divisions made outside of platted subdivi-
sions for the purpose of relocating common
boundary lines between adjoining proper-
ties (MCA 76-3-207(a));
2. Divisions made outside of platted subdivi-
sions for the purpose of a single gift or sale
in each county to each member of the
landowner's immediate family (MCA 76-3-
207(b) A);
3. Divisions made outside of platted subdivi-
sions by gift, sale or an agreement to buy
and sell in which the parties to the transac-
tion enter a covenant running with the land
and revocable only by mutual consent of
the city and the property owner that the
divided land will be used exclusively for
agricultural purposes (MCA 76-3-207(c));
4. For five or fewer lots within a platted
subdivision, the relocation of common
boundaries (MCA 76-3-207(d)); and
5. Divisions made for the purpose of relocat-
ing a common boundary line between a
single lot within a platted subdivision and
adjoining land outside a platted subdivi-
sion. A restriction or requirement on the
original platted lot or original unplatted
parcel continues to apply to those areas
(MCA 76-3-207(e)).
6. 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 bound-
aries of the larger aggregate parcel are
established. A restriction or requirement on
the original platted lot or original unplatted
parcel continues to apply to those areas
(MCA 76-3-207(f)).
(Ord. No. 1645, § 18.10.020, 8-15-2005; Ord. No.
1769, exh. C(18.10.020), 12-28-2009)
State law reference—Similar provisions, MCA 76-
3-207.
§ 38.05.020UNIFIED DEVELOPMENT CODE
CD38:41PROOFS
Sec. 38.05.030. Exemptions from surveying and
filing requirements but subject
to review.
Subdivisions created by rent or lease are exempt
from the surveying and filing requirements of
article 3 of this chapter and the Montana Subdivi-
sion and Platting Act, but must be submitted for
review and approved by the city commission before
portions thereof may be rented or leased.
(Ord. No. 1645, § 18.10.030, 8-15-2005; Ord. No.
1769, exh. C(18.10.030), 12-28-2009)
State law reference—Similar provisions, MCA 76-
3-208.
Sec. 38.05.040. Condominiums.
A. Condominium developments are exempt from
the surveying and filing requirements of article 3 of
this chapter and the Montana Subdivision and
Platting Act.
B. Condominiums, constructed on land divided
in compliance with the Montana Subdivision and
Platting Act, are exempt from the provisions of
article 3 of this chapter and the Montana Subdivi-
sion and Platting Act if either:
1. The approval of the original division of
land expressly contemplated the construc-
tion of the condominiums and any applica-
ble park dedication requirements of MCA
76-3-621 are complied with; or
2. The condominium proposal is in confor-
mance with applicable local zoning regula-
tions where local zoning regulations are in
effect.
(Ord. No. 1645, § 18.10.040, 8-15-2005; Ord. No.
1769, exh. C(18.10.040), 12-28-2009)
State law reference—Similar provisions, MCA 76-
3-203.
Sec. 38.05.050. Exemption from surveying and
platting requirements for lands
acquired for state highways.
Instruments of transfer for land which is acquired
for state highways may refer by parcel and project
number to state highway plans which have been
recorded in compliance with MCA 60-2-209 and
are exempted from the surveying and platting re-
quirements of this chapter and the Act (MCA
76-3-209). If such parcels are not shown on high-
way plans of record, instruments of transfer of such
parcels shall be accompanied by and refer to appro-
priate certificates of survey and plats when pre-
sented for recording.
(Ord. No. 1645, § 18.10.050, 8-15-2005; Ord. No.
1769, exh. C(18.10.050), 12-28-2009)
State law reference—Similar provisions, MCA 76-
3-209.
Sec. 38.05.060. Procedures and general require-
ments.
A. All certificates of survey or amended subdi-
vision plats claiming an exemption inside city limits
and subject to survey requirements shall be submit-
ted to the planning department. The procedures and
requirements of this chapter are limited to the
exemptions discussed in section 38.05.070.
1.Submittal.A claimant seeking an exemp-
tion under the Act and this chapter shall
submit to the planning department a claim
on the appropriate application form, includ-
ing a signed certificate of exemption, to-
gether with evidence to support the claim
and any other information required by this
chapter.
2.Review.The planning department will re-
view the claimed exemption to verify that it
is the proper use of the claimed exemption.
a. During this review, planning depart-
ment 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 depart-
ment shall prepare a memo evaluating
the claimed exemption against appli-
cable review criteria, which shall also
be made available to the claimant or
the claimant's representative.
§ 38.05.030 BOZEMAN MUNICIPAL CODE
CD38:42PROOFS
b. In assessing the claimant's purpose for
the exemption, the planning depart-
ment will evaluate all relevant circum-
stances 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 transac-
tions are completed.
c. Where a rebuttable presumption is
declared in this chapter, the presump-
tion may be overcome by the claimant
with evidence contrary to the presump-
tion. If the planning department con-
cludes that the evidence overcomes
the presumption and that from all the
circumstances the exemption is justi-
fied, the exemption will be allowed.
On the other hand, if the planning
departmentconcludesthatthepresump-
tion is not overcome and that from all
the circumstances the exemption is
not justified, the exemption will be
disallowed.
d. If the exemption is allowed, the plan-
ning department shall so certify in a
printed certificate on the certificate of
survey or amended plat within 30
days of submission of a complete
application.
e. If the exemption is disallowed, the
planningdepartmentshallprovidewrit-
ten notification, within 30 days of
submission of a complete application,
of its decision to the person claiming
the exemption and to the county clerk
and recorder.
3.Filing requirements.An amended plat or a
certificate of survey of a division of land
which is exempt from review must be filed
within 180 days of the completion of the
survey.
a.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 di-
visions of land exempted from public
review as subdivisions. Certificates of
survey for divisions of land meeting
the criteria set out in MCA 76-3-207,
must meet the following require-
ments:
(1) A certificate of survey of a divi-
sion of land that would other-
wise be a subdivision, but that is
exempted from subdivision re-
view under MCA76-3-207, may
not be filed by the county clerk
and recorder unless it bears the
acknowledged certificate of the
property owner stating that the
division of land is exempt from
review as a subdivision and cit-
ing the applicable exemption.
(2) If the exemption relied upon re-
quires 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 acknowl-
edged recitation of the covenant.
(3) 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 relation-
ship of the grantee to the land-
owner and the parcel to be con-
veyed to the grantee.
(4) If a certificate of survey invokes
the exemption for the relocation
of common boundary lines:
(a) The certificate of survey
must bear the signatures of
all landowners whose par-
cels will be altered by the
proposed relocation. The
certificate of survey must
§ 38.05.060UNIFIED DEVELOPMENT CODE
CD38:43PROOFS
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 ex-
ample, by a solid line or
notation);
(b) The certificate of survey
must show the boundaries
of the area that is being
removed from one parcel
andjoinedwithanotherpar-
cel. The certificate of sur-
vey may, but is not re-
quired to, establish the
exterior boundaries of the
resulting parcels. However,
the certificate of survey
must show portions of the
existing unchanged bound-
aries sufficient to clearly
identify both the location
and the extent of the bound-
ary relocation;
(3) If a boundary line will be
completely eliminated, the
certificatemustestablishthe
boundary of the resulting
parcel.
(5) If the certificate of survey in-
vokes an exemption from subdi-
vision review under MCA 76-3-
207, the certificate of survey
must bear, or be accompanied
by, a certification by the county
treasurer that all taxes and spe-
cial assessments assessed and
levied on the surveyed land have
been paid.
(6) For purposes of subsection 3.a
of this section, 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.
(7) Procedures for filing certificates
of survey of divisions of land
entirely exempted from the re-
quirements of the Act. The divi-
sions of land described in MCA
76-3-201, 76-3-205 and 76-3-
209, and divisions of federally
owned land made by a United
States government agency are
not required to be surveyed, nor
must a certificate of survey or
subdivision plat showing these
divisions be filed with the county
clerk and recorder. A certificate
of survey of one of these divi-
sions may, however, be filed with
the county clerk and recorder if
the certificate of survey meets
the requirements for form and
content for certificates of survey
containedinthissectionandbears
a certificate of the surveyor per-
forming the survey citing the
applicable exemption from the
Act or, when applicable, that the
land surveyed is owned by the
federal government.
b.Amended plats.Unless a division of
land is exempt from subdivision re-
view by MCA 76-3-201 or 76-3-
207(1)(d) or (e), an amended plat
shall not be filed by the county clerk
and recorder unless it complies with
the uniform standards for final subdi-
vision plats specified in section
24.183.1107, ARM. A survey docu-
§ 38.05.060 BOZEMAN MUNICIPAL CODE
CD38:44PROOFS
ment that modifies lots in a platted
and filed subdivision and invokes an
exemption from subdivision review
underMCA76-3-201or76-3-207(1)(d)
or (e), 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 subsection 3.a of
this section.
(Ord. No. 1645, § 18.10.060, 8-15-2005; Ord. No.
1769, exh. C(18.10.060), 12-28-2009)
Sec. 38.05.070. Exemption review criteria.
A. The following criteria shall be used to ensure
that exemptions are not claimed for the purposes of
evading this chapter or theAct.Appeals regarding a
decision by the planning department that an exemp-
tion is an evasion of the Subdivision and Platting
Act may be taken to the city commission in the
manner established for administrative project deci-
sion appeals as set forth in section 38.35.030.
1. A division of land is created to provide
security for mortgages, liens or trust inden-
tures for the purpose of construction, im-
provements to the land being divided or
refinancingpurposes(MCA76-3-201(1)(b)).
a. The proper use of the exemption is to
provide security for construction mort-
gages, liens or trust indentures, when
a survey of the parcel has been re-
quired.
b. The city makes a rebuttable presump-
tion that a division of land that is
created to provide security is adopted
for the purpose of evading the Act
under the following conditions:
(1) If the division of land is created
for the purpose of conveyance to
any entity other than the finan-
cialorlendinginstitutiontowhich
the mortgage, lien or trust inden-
ture was given or to a purchaser
upon foreclosure of the mort-
gage, lien or trust indenture; or
(2) The security is provided for con-
struction or improvements on, or
refinancing for, land other than
on the exempted parcel.
c. When the security for construction
financing exemption is to be used, the
landowner shall submit, in addition to
such other documents as may be re-
quired, a written statement explain-
ing:
(1) How many parcels within the
original tract will be created by
use of the exemption;
(2) Who will have title to and pos-
session of the remainder of the
original parcel; and
(3) A signed and notarized state-
ment 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.
d. The written statement and the instru-
ments creating the security shall be
filed at the same time as the survey
with the clerk and recorder.
2. Divisions made outside of platted subdivi-
sions for the purpose of relocating common
boundary lines between adjoining proper-
ties (MCA 76-3-207(a)).
a. 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.
b. A certificate of survey for the reloca-
tion of common boundary lines may
include five or fewer parcels and/or
lots.
§ 38.05.070UNIFIED DEVELOPMENT CODE
CD38:45PROOFS
c. Certificates of survey showing the
relocation of common boundary lines
must be accompanied by:
(1) An original deed exchanging re-
corded interest from every per-
son having a recorded interest in
adjoining properties for the en-
tire newly described parcel that
is acquiring additional land;
(2) Documentation showing the need
or reason for the relocation (for
example:structureencroachment,
surveyor error, or enhancement
of the configuration of the prop-
erty); and
(3) The certificate of survey must
bear the signatures of all land-
ownerswhoseparcelsarechanged
by the relocation, and show that
the exemption was used only to
change the location of a bound-
ary 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 nota-
tion).
d. The city makes a rebuttable presump-
tion that a proposed relocation of
common boundary lines is adopted for
the purpose of evading the Act, if:
(1) The planning department deter-
minesthatthedocumentationsub-
mitted according to this section
does not support the stated rea-
son for relocation, or an addi-
tional parcel is created.
3. Division made outside of platted subdivi-
sions for the purpose of a single gift or sale
in each county to each member of the
landowner's immediate family (MCA 76-3-
207(b)).
a. 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.
b. The proper use of the exemption as a
gift or sale to a member of the imme-
diate 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, pro-
viding that the use of the exemption
creates no more than one additional
parcel of less than 160 acres in size.
Each exemption under this section
will be reviewed by the planning de-
partment under this chapter.
c. A certificate of survey for a family
transfer may include more than one
exempt parcel providing all parcels
meet the criteria of this section.
d. Certificates of survey showing the
creation of new parcels of land pursu-
ant to this exemption as a gift or sale
to a member of the immediate family
must be accompanied 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 verifi-
cation.
e. The certificate of survey for an ex-
emption for a family transfer must
indicate the name of the grantee, the
relationship of the grantee to the land-
owner and the parcel to be conveyed
to the grantee.
f. The city makes a rebuttable presump-
tion that a family transfer is adopted
for the purpose of evading this chapter
§ 38.05.070 BOZEMAN MUNICIPAL CODE
CD38:46PROOFS
and theAct if it is determined that one
or more of the following conditions
exist:
(1) Theexemptionwouldcreatemore
than one additional parcel of less
than 160 acres.
(2) The member of the landowner's
immediate family would have
received more than one exempted
parcel in the county.
4. Division made outside of platted subdivi-
sions by gift, sale or an agreement to buy
and sell in which the parties to the transac-
tion enter a covenant running with the land
and revocable only by mutual consent of
the city and the property owner that the
divided land will be used exclusively for
agricultural purposes (MCA 76-3-207(c)).
a. An agricultural exemption is a divi-
sion 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 run-
ning with the land, revocable only by
mutual consent of the city and the
transferee/property owner, that the di-
vided land will be used exclusively
for agricultural purposes. No building
or structure requiring water or sewer
facilities shall be utilized on such a
parcel.
(1) A change in use of the land for
anything other than agricultural
purposes subjects the division to
this chapter and review under
parts 5 and 6 of the Act.
5. For five or fewer lots within a platted
subdivision, relocation of common bound-
aries and the aggregation of lots (MCA
76-3-207(d)).
a. The proper use of the exemption for
aggregation of lots and/or relocation
ofcommonboundariesistherearrange-
ment and/or aggregation of five or
fewer lots within a platted subdivision
which does not increase the total num-
ber of lots within the subdivision. The
plat shall contain the title "amended
plat" and must be filed with the county
clerk and recorder.
b. The amended plat showing the aggre-
gation of lots and/or relocation of
common boundary within a platted
subdivision must be accompanied by:
(1) An original deed exchanging re-
corded interest from every per-
son having a recorded interest in
adjoining properties for the en-
tire newly described parcel that
is acquiring additional land;
(2) Documentation showing the need
or reason for the relocation (for
example:structureencroachment,
surveyor error, or enhancement
of the configuration of the prop-
erty); and
(3) The amended plat must bear the
signatures of all landowners
whose parcels are changed by
therelocationoraggregation.The
amended plat must show that the
exemption was used only to
change the location of boundary
lines or aggregate lots, and must
clearly distinguish the prior
boundary location (shown, for
example, by a dashed or broken
line or a notation) from the new
boundary (shown, for example,
by a solid line or notation).
c. The city makes a rebuttable presump-
tion that a proposed aggregation of
lots and/or relocation of common
boundaries within a platted subdivi-
sion is adopted for the purpose of
evading the Act if it determines that
six or more lots are affected by the
proposal.
§ 38.05.070UNIFIED DEVELOPMENT CODE
CD38:47PROOFS
d. 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
prior to the filing of the final plat.
6. Divisions made for the purpose of relocat-
ing a common boundary line between a
single lot within a platted subdivision and
adjoining land outside a platted subdivision
(MCA 76-3-207(d)).
a. 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.Arestric-
tion or requirement on the original
platted lot or original unplatted parcel
continues to apply to those areas.
b. A certificate of survey for the reloca-
tion of common boundary lines may
include five or fewer parcels and/or
lots.
c. Certificates of survey showing the
relocation of common boundary lines
must be accompanied by:
(1) A original deed exchanging re-
corded interest from every per-
son having a recorded interest in
adjoining properties for the en-
tire newly-described parcel that
is acquiring additional land;
(2) Documentation showing the need
or reason for the relocation (for
example:structureencroachment,
surveyor error, or enhancement
of the configuration of the prop-
erty); and
(3) The certificate of survey must
bear the signatures of all land-
ownerswhoseparcelsarechanged
by the relocation, and show that
the exemption was used only to
change the location of a bound-
ary 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 nota-
tion).
d. The city makes a rebuttable presump-
tion that a proposed relocation of
common boundary lines is adopted for
the purpose of evading the Act, if:
(1) The planning department deter-
minesthatthedocumentationsub-
mitted according to this section
does not support the stated rea-
son for relocation, or an addi-
tional parcel is created.
(Ord. No. 1645, § 18.10.070, 8-15-2005; Ord. No.
1769, exh. C(18.10.070), 12-28-2009)
Sec. 38.05.080. Procedures for filing certificates
of survey of divisions of land
entirely exempted from the re-
quirements of the act.
A certificate of survey of a division of land
entirely exempted from the requirements of this
chapter and the Act may be filed with the county
clerk and recorder if it meets the requirements for
form and content for certificates of survey con-
tained in this section and bears a certificate of the
surveyor performing the survey stating the applica-
ble exemption from the Act.
(Ord. No. 1645, § 18.10.080, 8-15-2005; Ord. No.
1769, exh. C(18.10.080), 12-28-2009)
Sec. 38.05.090. Correction of errors.
Correction of errors may be made by the submis-
sion of a corrected certificate of survey for the
planning director's approval.
(Ord. No. 1645, § 18.10.090, 8-15-2005; Ord. No.
1769, exh. C(18.10.090), 12-28-2009)
§ 38.05.070 BOZEMAN MUNICIPAL CODE
CD38:48PROOFS
ARTICLE 6. SUBDIVISION
CERTIFICATES*
Sec. 38.06.010. General.
Thecertificateslistedinsections38.06.020through
38.06.110, shall be shown on plats and certificates
of survey, as appropriate. Other certificates than
those shown may be required by the city when
deemed appropriate. The proper notary block shall
be used.
(Ord. No. 1645, § 18.12.010, 8-15-2005; Ord. No.
1693, § 3(18.12.010), 2-20-2007)
Sec. 38.06.020. Dedication or consent.
A. All plats of subdivisions must contain a
certificate of dedication or certificate of consent. In
the case of corporate ownership, the proper corpo-
ration officer must sign, a corporate notary form
must be used, and the corporate seal must be
affixed. The certificate shall read as follows:
1.Certificate of dedication.
CERTIFICATE OF DEDICATION
(I), (We), the undersigned property owner(s), do
hereby certify that (I) (We) have caused to be
surveyed, subdivided and platted into lots, blocks,
streets, and alleys, and other divisions and dedica-
tions, as shown by the plat hereunto included the
following described tract of land to wit:
Description
(Exterior Boundary Description of Area Contained
in Plat and Total Acreage)
The above-described tract of land is to be known
and designated as (name of subdivision), City of
Bozeman, Gallatin County, Montana; and the
lands included in all streets, avenues, alleys, and
parks or public lands shown on said plat are
hereby granted and donated to the City of Boze-
man for the public use and enjoyment. Unless
specifically listed herein, the lands included in all
streets, avenues, alleys, and parks or public lands
dedicated to the public are accepted for public
use, but the city accepts no responsibility for
maintaining the same. The owner(s) agree(s) that
the city has no obligation to maintain the lands
included in all streets, avenues, alleys, and parks
or public lands, hereby dedicated to public use.
The lands included in all streets, avenues, alleys,
and parks or public lands dedicated to the public
for which the city accepts responsibility for main-
tenance include (list specific streets, avenues, al-
leys for other public lands).
The undersigned hereby grants unto each and ev-
ery person firm or corporation, whether public or
private, providing or offering to provide tele-
phone, electric power, gas, internet, cable televi-
sion or other similar utility or service, the right to
the joint use of an easement for the construction,
maintenance, repair and removal of their lines and
other facilities in, over, under and across each
area designated on this plat as "Utility Easement"
to have and to hold forever.
DATED this day
of , .
(Acknowledged and notarized signatures of all
record owners of platted property)
2.Certificate of consent.
CERTIFICATE OF CONSENT
(I), (We), the undersigned property owner(s), do
hereby certify that (I), (We) caused to be sur-
veyed, subdivided and platted into lots, blocks,
streets, and alleys, and other divisions and dedica-
tions, as shown by this plat hereunto included, the
following described tract of land, to wit:*State law reference—Certificate of survey, MCA
76-3-404.
§ 38.06.020UNIFIED DEVELOPMENT CODE
CD38:49PROOFS
Description
(Exterior Boundary Description of Area Contained
in Plat and Total Acreage)
The above described tract of land is to be known
and designated as (name of subdivision), City of
Bozeman, Gallatin County, Montana.
The undersigned hereby grants unto each and ev-
ery person, firm of corporation, whether public or
private, providing or offering to provide tele-
phone, electric power, gas, internet, cable televi-
sion or other similar utility or service, the right to
the joint use of an easement for the construction,
maintenance, repair and removal of their lines and
other facilities in, over, under and across each
area designated on this plat as "Utility Easement"
to have and to hold forever.
DATED this day
of , .
(Acknowledged and notarized signatures of all
record owners of platted property)
(Ord. No. 1645, § 18.12.030, 8-15-2005; Ord. No.
1693, § 3(18.12.020), 2-20-2007)
Sec. 38.06.030. Mortgagee.
In those cases where the area being platted or the
plat of subdivision is subject to any liens, mort-
gages, claims, or other encumbrances by parties or
other owners, the following certificate shall be
required:
CONSENT OF MORTGAGEE(S)
(I), (We), the undersigned mortgagee(s) or encum-
brancer(s), do hereby join in and consent to the
described plat, releasing (my) (our) respective
liens, claims or encumbrances as to any portion
of said lands now being platted into streets, ave-
nues, parks or other public areas which are dedi-
cated to the City of Bozeman for the public use
and enjoyment.
DATED this day
of , .
(Acknowledged and notarized signature of all en-
cumbrances of record)
(Ord. No. 1645, § 18.12.030, 8-15-2005; Ord. No.
1693, § 3(18.12.030), 2-20-2007)
Sec. 38.06.040. Park land.
A.Cash-in-lieu of park land.Where there will
be a cash donation in-lieu of park land dedication,
plats of subdivision shall show the following cer-
tificate:
CERTIFICATE ACCEPTING CASH DONATION
IN-LIEU OF LAND DEDICATION
In as much as dedication of park land within the
platted area of (Subdivision Name) would be un-
desirable for park and playground purposes, it is
hereby ordered by the city commission of the
City of Bozeman, that land dedication for park
purposes be waived and that cash-in-lieu, in the
amount of dollars, be accepted in
accordance with the provisions of the Montana,
Subdivision and Platting Act (MCA 76-3-101
through 76-3-625) and the Bozeman Municipal
Code.
DATED this day
of , .
(Signature)
City of Bozeman Director of Public Services
B.Off-site park land dedication.Where park
land will be provided off-site, in accordance with
section 38.27.100.A.4 or 5, plats of subdivision
shall show the following certificate:
CERTIFICATE ACCEPTING OFF-SITE PARK
LAND DEDICATION
§ 38.06.020 BOZEMAN MUNICIPAL CODE
CD38:50PROOFS
In as much as an alternative to dedication of park
land, for park and playground purposes within the
platted area of (Subdivision Name), would be
desirable, it is hereby ordered by the city com-
mission of the City of Bozeman that land dedica-
tion for park purpose be provided off-site with
land outside of the platted area of (Subdivision
Name) in accordance with the provisions of the
Montana Subdivision and Platting Act (MCA 76-
3-101 through 76-3-625), and the Bozeman Mu-
nicipal Code. The off-site park land dedication
will be provided with the following described
tract(s) of land to wit:
Description
(Exterior Boundary Description of Area Contained
in Plat and Total Acreage)
DATED this day
of , .
(Signature)
City of Bozeman Director of Public Services
C.Park land dedication to School District 7.
Where park land will be provided in accordance
with section 38.27.100.A.6, plats of subdivision
shall show the following certificate:
CERTIFICATE ACCEPTING PARK LAND DED-
ICATION TO SCHOOL DISTRICT 7
In as much as an alternative to dedication of park
land, for park and playground purposes within the
platted area of (Subdivision Name), would be
desirable, it is hereby ordered by the city com-
mission of the City of Bozeman that required land
dedication for park purposes be met with land
dedicated to School District 7 in accordance with
the provisions of the Montana Subdivision and
Platting Act (MCA 76-3-101 et seq.), and the
Bozeman Municipal Code. If School District 7
chooses to no longer use the land for school
buildings and facilities, the ownership of the land
shall revert to the City of Bozeman for park pur-
poses and School District 7 shall transfer the land
to the city with clear title and in a condition
meeting the minimum development standards for
parks established in section 38.27.080. The land
dedication will be provided with the following
described tract(s) of land, to wit:
Description
(Exterior Boundary Description of Area Contained
in Plat and Total Acreage)
DATED this day
of , .
(Signature)
City of Bozeman Director of
Public Services
(Signature)
Chairman, School District 7 Board of Trustees
(Ord. No. 1645, § 18.12.040, 8-15-2005; Ord. No.
1693, § 3(18.12.040), 2-20-2007)
Sec. 38.06.050. Surveyor.
All subdivision plats or certificates of survey
shall contain a certificate of surveyor which shall
read as follows:
CERTIFICATE OF SURVEYOR
§ 38.06.050UNIFIED DEVELOPMENT CODE
CD38:51PROOFS
I, the undersigned, (Type or Print Name), Regis-
tered Land Surveyor, do hereby certify that be-
tween , , and
, , I surveyed
(Name of Subdivision or Certificate of Survey),
and platted the same as shown on the accompany-
ing plat (or certificate of survey) and as described
in accordance with the provisions of the Montana
Subdivision and Platting Act (MCA 76-3-101
through 76-3-625), and the Bozeman Municipal
Code.
DATED this day
of , .
(Signature)
(Printed or Typed Name)
Registration No.
(Seal of Surveyor)
(Ord. No. 1645, § 18.12.050, 8-15-2005; Ord. No.
1693, § 3(18.12.050), 2-20-2007)
Sec. 38.06.060. Improvements.
A. Where improvements are to be installed prior
to final plat approval, the final plat of subdivision
shall contain a certificate of completion of public
improvements. The certificate shall list all com-
pleted and accepted improvements, and shall read
as follows:
CERTIFICATE OF COMPLETION OF IMPROVE-
MENTS
I, (Name of Subdivider), and I, (Name of Subdi-
vider's Registered Engineer), a registered profes-
sional engineer licensed to practice in the state of
Montana, hereby certify that the following im-
provements, required to meet the requirements of
chapter 38 of the Bozeman Municipal Code or as
a condition(s) of approval of (Name of Subdivi-
sion), have been installed in conformance with
the approved plans and specifications, or finan-
cially guaranteed and covered by the improve-
ments agreement accompanying this plat.
Installed Improvements: (List improvements in
accordance with section 38.06.060.A).
Financially Guaranteed Improvements: (List im-
provements in accordance with section
38.06.060.B). The subdivider hereby warrants
against defects in these improvements for a period
of two years from the date of acceptance by the
City of Bozeman.
The subdivider grants possession of all public
infrastructure improvements to the City of Boze-
man and the city hereby accepts possession of all
public infrastructure improvements, subject to the
above indicated warranty.
Signature of Subdivider (Date)
Signature, Number, and
Seal of Engineer
(Date)
Signature, Director of
Public Services
(Date)
B. If all required subdivision improvements will
not be installed prior to final plat approval, and the
final plat will be recorded subject to an improve-
ments agreement and financial guarantee, this cer-
tificate shall be modified to also list all improve-
ments not completed.
(Ord. No. 1645, § 18.12.060, 8-15-2005; Ord. No.
1693, § 3(18.12.060), 2-20-2007)
Sec. 38.06.070. Governing body.
The city commission or their designated agent
shall certify approval of the plat of subdivision.
Said certificate shall read as follows:
CERTIFICATE OF DIRECTOR OF PUBLIC SER-
VICES
I, Director of Public Services, City of Bozeman,
Montana, do hereby certify that the accompanying
plat has been duly examined and has found the
same to conform to the law, approves it, and
hereby accepts the dedication to the City of Boze-
man for the public use of any and all lands shown
on the plat as being dedicated to such use.
DATED this day
of , .
§ 38.06.050 BOZEMAN MUNICIPAL CODE
CD38:52PROOFS
(Signature), Director of Public Services
(Ord. No. 1645, § 18.12.070, 8-15-2005; Ord. No.
1693, § 3(18.12.070), 2-20-2007)
Sec. 38.06.080. Exclusion from MDEQ review.
The following certificate shall be added to all
subdivision plats to certify that adequate stormwater
drainage and adequate municipal facilities will be
provided.
CERTIFICATE OF EXCLUSION FROM MON-
TANA DEPARTMENT OF ENVIRONMENTAL
QUALITY REVIEW
The (Name of Subdivision), Gallatin County,
Montana, is within the City of Bozeman, Mon-
tana, a first-class municipality, and within the
planning area of the Bozeman growth policy
which was adopted pursuant to MCA 76-1-601 et
seq., and can be provided with adequate
stormwater drainage and adequate municipal facil-
ities. Therefore, under the provisions of MCA
76-4-125(2)(d), this subdivision is excluded from
the requirement for Montana Department of Envi-
ronmental Quality review.
DATED this day
of , .
(Signature), Director of Public Services
City of Bozeman, Montana
(Ord. No. 1645, § 18.12.080, 8-15-2005; Ord. No.
1693, § 3(18.12.080), 2-20-2007)
Sec. 38.06.090. County treasurer.
All final subdivision plats, and certificates of
survey unless prepared for a subdivision exemption
to provide security for construction mortgages,
liens or trust indentures, shall show the following
certificate of county treasurer:
CERTIFICATE OF COUNTY TREASURER
I, (Name of County Treasurer), Treasurer of Gal-
latin County, Montana, do hereby certify that the
accompanying plat (or certificate of survey) has
been duly examined and that all real property
taxes and special assessments assessed and levied
on the land to be subdivided are paid.
DATED this day
of , .
(Signature), Treasurer of Gallatin County
(Ord. No. 1645, § 18.12.090, 8-15-2005; Ord. No.
1693, § 3(18.12.090), 2-20-2007)
Sec. 38.06.100. Clerk and recorder.
All plats or certificates of survey shall show the
following certificate of clerk and recorder:
CERTIFICATE OF CLERK AND RECORDER
I, (Name of Clerk and Recorder), Clerk and Re-
corder of Gallatin County, Montana, do hereby
certify that the foregoing instrument was filed in
my office at o'clock, (a.m. or p.m.),
this day of ,
, and recorded in Book
of Plats on Page , Records of the
Clerk and Recorder, Gallatin County, Montana.
(Signature), Clerk and Recorder
(Ord. No. 1645, § 18.12.100, 8-15-2005; Ord. No.
1693, § 3(18.12.100), 2-20-2007)
Sec. 38.06.110. Certification of use of exemption
claim.
A. The following certificates shall be provided
in a printed certificate on the amended plat or
certificate of survey for allowed exemptions:
1.Certificate of governing body.
CERTIFICATE OF GOVERNING BODY
I, (Planning Director), do hereby certify that the
accompanying (Certificate of Survey or Amended
Plat) has been duly reviewed, and has been found
to conform to the requirements of the Subdivision
and Platting Act (MCA 76-3-101 et seq.), and the
Bozeman Municipal Code.
§ 38.06.110UNIFIED DEVELOPMENT CODE
CD38:53PROOFS
DATED this day
of , .
(Signature), Planning Director
2.Certificate of exemption.Reference to ex-
clude the survey from state department of
environmental quality review can also be
added to this certificate, as appropriate.
CERTIFICATE OF EXEMPTION
(I), (We) certify that the purpose of this survey is
to (state exemption), and therefore this survey is
exempt from review as a subdivision pursuant to
MCA 76-3-207(1) (add appropriate subsection).
DATED this day
of , .
(Acknowledged and notarized signatures of all
record owners of surveyed property)
(Ord. No. 1645, § 18.12.110, 8-15-2005; Ord. No.
1693, § 3(18.12.110), 2-20-2007)
ARTICLE 7. ZONING DISTRICTS AND
ZONING MAP*
Sec. 38.07.010. Use districts designated, zoning
map adopted.
A. The city is divided into zones, or districts, as
shown on the official zoning map which, together
with all explanatory matter thereon, is adopted by
this reference and declared to be a part of this
chapter.
B. For the purpose of this chapter, the city is
divided and classified into the following use dis-
tricts:
R-S Residential Suburban District
R-1 Residential Single-Household
Low Density District
R-2 Residential Two-Household Me-
dium Density District
R-3 ResidentialMediumDensityDis-
trict
R-4 Residential High Density Dis-
trict
R-O Residential-Office District
RMH Residential Manufactured Home
Community District
B-1 Neighborhood Business District
B-2 Community Business District
B-3 Central Business District
UMU Urban Mixed-Use District
M-1 Light Manufacturing District
M-2 ManufacturingandIndustrialDis-
trict
B-P Business Park District
PLI PublicLandsandInstitutionsDis-
trict
NEHMU Northeast Historic Mixed-Use
District
NC Neighborhood Conservation
Overlay District
EO Entryway Corridor Overlay Dis-
trict
CO Casino Overlay District
C. Placement of any given zoning district on an
area depicted on the zoning map indicates a judg-
ment 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 chapter and other applicable poli-
cies, laws and ordinances. It is also not a guarantee
of immediate infrastructure availability or a com-
mitment on the part of the city to bear the cost of
extending services.
D. Individual zoning districts are adopted for the
purposes described in section 38.01.040. A variety
of districts is established to provide locations for the
many uses needed within a healthy and dynamic
community. Each district, in conjunction with other
standards incorporated in this chapter, establishes
allowable uses of property, separates incompatible
uses, and sets certain standards for use of land. This
*State law reference—Municipal zoning, MCA 76-
2-301 et seq.
§ 38.06.110 BOZEMAN MUNICIPAL CODE
CD38:54PROOFS
provides predictability and reasonable expectation
in use of land within particular zoning designations
and sites.
(Ord. No. 1645, § 18.14.010, 8-15-2005; Ord. No.
1681, § 1, 6-4-2007; Ord. No. 1769, exh.
D(18.14.010), 12-28-2009)
Sec. 38.07.020. Official map availability, certifi-
cation and authority; changes.
A. The official maps shall be available in the
planning department and shall bear a certificate
with the signature of the mayor attested by the city
clerk and the date of adoption of the ordinance
codified in this chapter.
B. This certificate should read as follows:
This is to certify that this is an Official Zoning Map
referred to in section of Ordinance No.
of the City of Bozeman, Montana.
Mayor
Attested
Date of Adoption
C. Regardless of the existence of purported cop-
ies 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 struc-
tures in the city.
(Ord. No. 1645, § 18.14.020, 8-15-2005; Ord. No.
1769, exh. D(18.14.020), 12-28-2009)
Sec. 38.07.030. Official map replacement condi-
tions.
A. In the event that the official zoning maps
become damaged, destroyed, lost or difficult to
interpret because of the nature or number of changes
or additions thereto, the city commission may adopt
and certify new official zoning maps which shall
supersede the prior official zoning maps. The new
official zoning maps may correct drafting or other
errors or omissions in the prior map, but no such
corrections shall have the effect of amending the
original official zoning maps or any subsequent
amendment thereof.
B. If any changes to the map are made by
amendment of this chapter in accordance with
article 37 of this chapter, such changes shall be
made to the official zoning maps and signed, dated
and certified upon the map or upon the material
attached thereto.
C. The new official zoning maps shall be iden-
tified by signature of the mayor attested by the city
clerk. The certificate should read as follows:
This is to certify that this Official Zoning Map
supersedes and replaces the Official Zoning Map
adopted as part of Ordinance No. of the City
of Bozeman, Montana.
Mayor
Attested
Date of Adoption
(Ord. No. 1645, § 18.14.030, 8-15-2005; Ord. No.
1769, exh. D(18.14.030), 12-28-2009)
Sec. 38.07.040. Boundary interpretation guide-
lines.
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 fol-
lowing the centerline of streets, highways
or alleys shall be construed to follow such
centerlines;
2. Boundaries indicated as approximately fol-
lowing platted lot lines shall be construed
as following such lot lines;
3. Boundaries indicated as approximately fol-
lowing city limits shall be construed as
following such city limits;
§ 38.07.040UNIFIED DEVELOPMENT CODE
CD38:55PROOFS
4. Boundaries indicated as following railroad
lines shall be construed to be midway
between the main track;
5. Boundaries indicated as following the
centerlineofstreams,rivers,canalsorditches
shall be construed to follow such centerlines;
and
6. Boundaries indicated as parallel to or ex-
tensions of features indicated on the official
zoning map shall be determined by the
scale of the map.
B. Where physical or cultural features existing
on the ground are at variance with those shown on
the official zoning map, or where other circum-
stances or controversy arise over district boundar-
ies, the planning director shall interpret the district
boundary. Such interpretation is 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 character-
istics 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 deter-
mine that overlay district regulations shall apply
only to that portion of the property lying within the
specified overlay district. The criteria for making
such a determination shall include an evaluation of
site topography and the degree to which the devel-
opment portion of the property lying outside of the
overlay district is integrated with the development
lying within the district.
(Ord. No. 1645, § 18.14.040, 8-15-2005; Ord. No.
1769, exh. D(18.14.040), 12-28-2009)
Sec. 38.07.050. Classification of particular uses;
planning director and city com-
mission authority.
A. The planning director shall determine the
appropriate classification of a particular use. In
making this determination, the planning director
shall find:
1. That the use is the same as one or more uses
permitted in the district wherein it is pro-
posed 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 compat-
ible 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 chapter nor
the intent of the district will be abro-
gated by such classification.
Persons objecting to decision of the planning direc-
tor regarding a classification of a use carry the
burden of proof to establish error in the decision.
B. If a question arises concerning the appropri-
ate classification of a particular use, the planning
director may submit the question to the city com-
mission to determine whether the particular use is
the same or so similar as to be interpreted the same
as a listed permitted or conditional use. In making
such a determination, the city commission shall find
that the criteria set forth in either subsection A.1 or
2 of this section are met.
C. If a specific use is not listed and cannot be
interpreted to be the same, or so similar so as to be
interpreted the same, as a listed accessory, principal
or conditional use, the use shall not be allowed.
However, an amendment to the text of this chapter
may be submitted for review and approval pursuant
to the requirements of this chapter to allow such use
as a listed principal, conditional or accessory use.
(Ord. No. 1645, § 18.14.050, 8-15-2005; Ord. No.
1769, exh. D(18.14.050), 12-28-2009)
Sec. 38.07.060. Zoning of annexed territory.
A. All territory which may hereafter be annexed
to the city shall, in conjunction with the annexation,
be the subject of a zone map amendment in order to
be designed and assigned to a city zoning district.
§ 38.07.040 BOZEMAN MUNICIPAL CODE
CD38:56PROOFS
B. Areas of annexed public right-of-way shall be
considered to be zoned according to the provisions
of section 38.07.040.A. The city commission shall
determine the appropriate zoning for any and all
areas to be annexed to the city but shall request a
recommendation from the zoning commission and
shall take into consideration the city growth policy.
Any ordinance adopting such zoning amendment
shall not be effective prior to the effective date of
such annexation.
(Ord. No. 1645, § 18.14.060, 8-15-2005; Ord. No.
1769, exh. D(18.14.060), 12-28-2009)
ARTICLE 8. RESIDENTIAL ZONING
DISTRICTS
Sec. 38.08.010. Intent and purpose.
A. The intent and purpose of the residential
zoning districts is to establish areas within the city
that are primarily residential in character and to set
forth certain minimum standards for development
within those areas. The purpose in having more than
one residential district is to provide opportunities
for a variety of housing types and arrangements
within the community while providing a basic level
of predictability. There is a rebuttable presumption
that the uses set forth for each district will be
compatible with each other when the standards of
this chapter are met and any applicable conditions
of approval have been satisfied. Additional require-
ments for development apply within overlay dis-
tricts.Alldevelopmentissubjecttosection38.01.050.
Residential density is correlated with many com-
munity goals and objectives that are contained in
the city's adopted growth policy, as well as many
standards and purposes of this chapter. Section
38.08.090 sets standards for minimum densities in
residential districts which will advance these goals,
objectives, and purposes.
1. The intent and purpose of the R-S residen-
tial 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 article 20 of
this chapter, pertaining to planned unit
development, and shall be developed in
compliance with the adopted city growth
policy.
2. The intent of the R-1 residential single-
household low density district is to provide
for primarily single-household residential
development and related uses within the
city at urban densities, and to provide for
such community facilities and services as
will serve the area's residents while respect-
ing the residential character and quality of
the area.
3. The intent of the R-2 residential two-
household medium density district is to
provide for one- and two-household resi-
dentialdevelopmentaturbandensitieswithin
the city in areas that present few or no
development constraints, and for commu-
nity facilities to serve such development
while respecting the residential quality and
nature of the area.
4. The intent of the R-3 residential medium
density district is to provide for the devel-
opment of one- to five-household residen-
tial 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 char-
acter, while reducing the adverse effect of
nonresidential uses.
5. The intent of the R-4 residential high den-
sity district is to provide for high-density
residential development through a variety
of housing types within the city with asso-
ciated 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 per-
mitted, it shall remain as a secondary use to
residential development. Secondary status
shall be as measured by percentage of total
building area.
§ 38.08.010UNIFIED DEVELOPMENT CODE
CD38:57PROOFS
6. The intent of the R-O residential-office
district is to provide for and encourage the
development of multihousehold and apart-
ment development and compatible profes-
sional offices and businesses that would
blend well with adjacent land uses. The
primary use of a lot, as measured by build-
ing area, permitted in the R-O district is
determined by the underlying growth pol-
icy land use designation. Where the district
lies over a residential growth policy desig-
nation the primary use shall be non-office
uses; where the district lies over a nonres-
idential designation the primary use shall
be office and other nonresidential uses.
Primary use shall be measured by percent-
age of building floor area.
7. The intent of the RMH residential manu-
factured home community district is to
provide for manufactured home community
development and directly related comple-
mentary uses within the city at a density
and character compatible with adjacent de-
velopment. The district is intended to be
residential in character and consistent with
the standards for other forms of residential
development permitted by this chapter.
(Ord. No. 1645, § 18.16.010, 8-15-2005; Ord. No.
1693, § 4(18.16.010), 2-20-2007; Ord. No. 1709,
§ 2(18.16.010), 7-16-2007; Ord. No. 1761, exh.
A(18.16.010), 7-6-2009; Ord. No. 1769, exh.
E(18.16.010), 12-28-2009)
Sec. 38.08.020. Authorized uses.
A. Uses in the various residential districts are
depicted in Table 38.08.020 in subsection B of this
section. Principal uses are indicated with a "P,"
conditional uses are indicated with a "C," accessory
uses are indicated with an "A" and uses which are
not permitted with the district are indicated by a "-."
B. Additional uses for telecommunication uses
are contained in article 29 of this chapter.
________________________________________________________________________________________
Table 38.08.020
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Accessory dwelling units8, 9 C C P P P P —
Agricultural uses on 2.5 acres or more2 P — — — — — —
Agricultural uses on less than 2.5 acres2 C — — — — — —
Apartments/apartment building, as de-
fined in article 42 of this chapter — — — — P P —
Assisted living/elderly care facilities — — — C C P —
Bed and breakfast C C C C P P —
Commercial stable C — — — — — —
Community centers C C C C C P C
Community residential facilities (with
more than four residents)C C C P P P C
Cooperative housing C C C P P P C
Day care centers C C C P P P C
Essential services (Type I) P P P P P P P
Essential services (Type II) C — — — — — C
Extended stay lodgings C C C P P P —
Family day care home P P P P P P P
Fences A A A A A A A
§ 38.08.010 BOZEMAN MUNICIPAL CODE
CD38:58PROOFS
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Fraternity and sorority houses — — — C P P —
Golf courses C C C — — — C
Greenhouses A A A A A A —
Group day care home P P P P P P P
Guesthouses A A A A A A —
Home-based businesses5 A/C A/C A/C A/C A/C A/C A/C
Lodginghouses — — — C P P —
Offices — — — — C3 P —
Other buildings and structures typically
accessory to authorized uses A A A A A A A
Private garages A A A A A A A
Private or jointly owned recreational
facilities A A A A A A A
Private stormwater control facilities A A A A A A A
Private vehicle and boat storage A A A A A A A/C4
Public and private parks P P P P P P P
Manufactured homes on permanent
foundations1 P P P P P P P
Manufactured home communities — — — — — — P
Medical offices, clinics, and centers — — — — C P —
Recreational vehicle parks C — — — — — P
Signs, subject to article 28 of this chap-
ter A A A A A A A
Single-household dwelling P P P P P P P
Temporary buildings and yards inciden-
tal to construction work A A A A A A A
Temporary sales and office buildings A A A A A A A
Three- or four-household dwelling — — — P P P —
Two-household dwelling — — P P P P —
Townhouses (two attached units) P7 P7 P P P P P7
Townhouses (five attached units or less) — — — P6 P P —
Townhouses (more than five attached
units)— — — — P P —
Tool sheds for storage of domestic sup-
plies A A A A A A A
Uses approved as part of a PUD per
article 20 of this chapter C C C C C C C
Veterinary uses C — — — — — —
Notes:
1Manufactured homes are subject to the standards of section 38.22.130.
2Agricultural uses include barns and animal shelters, and the keeping of animals and fowl, together with their
dependent young, as hereinafter set forth per 2.5 acres: one horse or one cow; two sheep or two goats; ten
§ 38.08.020UNIFIED DEVELOPMENT CODE
CD38:59PROOFS
rabbits; 36 fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.). For
larger parcels the planning director may determine that a larger number of livestock is consistent with the
requirements of this section.
3Only when in conjunction with dwellings.
4Storage for more than three recreational vehicles or boats.
5Home-based businesses are subject to the terms and thresholds of section 38.22.110.
6In the R-3 district, townhouse groups shall not exceed 120 feet in total width
7In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of
chapter 10, article 8, Affordable Housing. May only be utilized in developments subject to chapter 10,
article 8.
8Not permitted on reduced size lots for work force housing as described in chapter 10, article 8.
9Accessory dwelling units in the RS and R1 districts shall be permitted to be placed above garages only in
subdivisions receiving preliminary plat approval after January 1, 1997.
(Ord. No. 1645, § 18.16.020, 8-15-2005; Ord. No. 1693, § 4(18.16.020), 2-20-2007; Ord. No. 1709,
§ 2(18.16.020), 7-16-2007; Ord. No. 1761, exh. A (18.16.020), 7-6-2009; Ord. No. 1769, exh. E(18.16.020),
12-28-2009)
______________________________________________________________________________________
Sec. 38.08.030. Lot coverage and floor area.
A. Maximum lot coverage by principal and ac-
cessory buildings shall be:
1. For newly created lots in the R-S district,
determined through the PUD review proce-
dures set forth in article 20 of this chapter,
in compliance with the adopted city growth
policy.
a. For existing lots in the R-S district,
not more than 25 percent of the lot
area shall be covered by principal and
accessory buildings.
2. Not more than 40 percent of the lot area in
the R-1, R-2, R-3 and RMH districts.
3. Not more than 50 percent in the R-4 dis-
trict.
4. Not more than 40 percent for residential
uses or 60 percent for nonresidential or
mixed uses in the R-O district.
5. In all residential zoning districts for those
lots used to satisfy the requirements of
chapter 10, article 8, 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 10,
article 8, either directly or inherited from a
previous subdivision, the portion used for
those dwellings may have up to 60 percent
of the lot area covered by principal and
accessory buildings.
B. Minimum floor area requirements for each
dwelling in all districts shall be that area required
by the city's adopted International Building Code.
C. The total floor area of the dwelling built on a
lot which was subject to the provisions of Ordi-
nance 1604 (Exhibit A) (Code 1982, § 18.42.180),
(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 one square foot
of floor area for each 3.3 square feet of lot area.
(Ord. No. 1645, § 18.16.030, 8-15-2005; Ord. No.
1693, § 4(18.16.030), 2-20-2007 Ord. No. 1709,
§ 38.08.020 BOZEMAN MUNICIPAL CODE
CD38:60PROOFS
§ 2(18.16.030), 7-16-2007; Ord. No. 1761, exh. A
(18.16.030), 7-6-2009; Ord. No. 1769, exh.
E(18.16.030), 12-28-2009)
Sec. 38.08.040. Lot area and width.
A. All lots shall have a minimum area as set
forth in Table 38.08.040-1 below and are cumula-
tive. These minimums assume a lack of develop-
ment constraints. Each lot must have a usable lot
area of at least 50 percent of the total minimum lot
area:
________________________________________________________________________________________
Table 38.08.040-1
Lot Area Table
Minimum Lot Area in Square Feet1
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling
See
subsec-
tion C
of this
section
5,0001 5,0001 5,0001 5,0001 5,0001 5,0001
Single-household dwelling (only for
dwellings to satisfy minimum require-
ments of chapter 10, article 8)7
2,7008 2,7008 2,7008 2,7008 2,7008 2,7008 2,7008
Two-household dwelling - - 6,000 6,000 6,000 6,000 -
Two-household dwelling (only for
dwellings to satisfy minimum require-
ments of chapter 10, article 8)7
- - 2,500 2,500 2,500 2,500 -
Lot area per dwelling in three- or four-
household dwelling configurations - - - 3,000 3,000 3,000 -
Lot area per dwelling in three- or four-
household dwelling configurations (only
for dwellings to satisfy minimum re-
quirements of chapter 10, article 8)7
- - - 2,500 2,500 2,500 -
Townhouses - - 3,0006 3,0002 3,0002 3,0002 -
Townhouses (only for dwellings to sat-
isfy minimum requirements of chapter
10, article 8)7
2,500 2,500 2,500 2,500 2,500 2,500 2,500
Apartments - first dwelling - - - - 5,000 5,000 -
Apartments - each dwelling after the
first - - - - 1,200 1,200 -
Apartments - each dwelling after the
first (only for dwellings to satisfy mini-
mum requirements of chapter 10, article
8)7
- - - - 900 900 -
Additional area required for an acces-
sory dwelling unit3 1,0004 1,000 1,0005 1,0005 1,0005 1,0005 -
§ 38.08.040UNIFIED DEVELOPMENT CODE
CD38:61PROOFS
Minimum Lot Area in Square Feet1
R-S R-1 R-2 R-3 R-4 R-O RMH
All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001
Notes:
1In order to comply with the standards contained in this chapter, lot area in excess of the required minimum
may be needed; for example for corner lots, parking, landscaping or large residential structures, and may
be necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to
provide an appropriate buildable area on the lot.
2For townhouse clusters the minimum average lot area per dwelling in an individual structure shall be 3,000
square feet.
3As defined in article 42 of this chapter and subject to the requirements of article 22 of this chapter.
4Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
5Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory
buildings. Lot area and width shall be provided as if the dwelling were attached to the principal use.
Dwellings to be developed under this option are subject to section 38.22.030.
6Per townhouse lot.
7May only be utilized in developments subject to chapter 10, article 8.
8A larger lot size may be required to comply with the requirements of section 10.08.060, Table 10.08.060,
Mix and Price of Dwelling Units
______________________________________________________________________________________
B. All lots shall have a minimum width as set
forth in Table 38.08.040-2. These minimums as-
sume a lack of development constraints.
________________________________________________________________________________________
Table 38.08.040-2
Lot Width Table
Minimum Lot Width in Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling
See
subsec-
tion C
of this
section
50 50 50 50 50 50
Single-household dwelling (only for
dwellings to satisfy requirements of
chapter 10, article 8)
See
subsec-
tion C
of this
section
30 30 30 30 30 30
§ 38.08.040 BOZEMAN MUNICIPAL CODE
CD38:62PROOFS
Minimum Lot Width in Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Two household dwelling - - 60 60 50 50 -
Accessory dwelling unit1 50 50 60 60 60 60 -
Dwellings in three- or four-household
dwelling configurations - - - 60 60 60 -
Townhouses 30 30 30
Width
of inte-
rior
units
Width
of inte-
rior
units
Width
of inte-
rior
units
-
All other uses
See
subsec-
tion C
of this
section
50 50 50 50 50 50
Notes:
1 Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory
buildings. Lot area and width shall be provided as if the dwelling were attached to the principal use.
Dwellings to be developed under this option are subject to section 38.22.030.
______________________________________________________________________________________
C. Lot area and width for R-S residential subur-
ban lots.
1. Lot area and width for newly created lots in
R-S districts shall be determined through
the PUD review procedures set forth in
article 20 of this chapter and in compliance
with the adopted city 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 article 35 of this
chapter. Existing lots in the R-S district
utilizing a community water and/or sewer
system shall be considered nonconforming
lots if less than one-half acre in area and/or
100 feet in width and subject to article 32 of
this chapter.
D. Lot area and width may be reduced to allow
a density bonus through the PUD process. Amount
of a bonus, methodology for calculating the bonus,
and standards for allowing a bonus are described in
section 38.20.090.E.2.b(6).
(Ord. No. 1645, § 18.16.040, 8-15-2005; Ord. No.
1693, § 4(18.16.040), 2-20-2007; Ord. No. 1709,
§ 2(18.16.040), 7-16-2007; Ord. No. 1761, exh. A
(18.16.040), 7-6-2009; Ord. No. 1769, exh.
E(18.16.040), 12-28-2009)
Sec. 38.08.050. Yards.
A. Minimum yards required for the R-1, R-2,
R-3, R-4, R-O and RMH districts are:
1. Front yard:
a. Adjacent to arterial streets as desig-
nated in the city growth policy, 25 feet
b. Adjacent to collector streets as desig-
nated in the city growth policy, 20 feet
c. Adjacent to local streets, 15 feet
§ 38.08.050UNIFIED DEVELOPMENT CODE
CD38:63PROOFS
2. Rear yard: 20 feet
a. Adjacent to arterial streets as desig-
nated in the city growth policy, 25 feet
3. Side yard: five feet; or zero feet for interior
walls of townhouses.
4. All vehicle entrances, oriented to the street,
into garages shall be no closer than 20 feet
to a property line, unless explicitly autho-
rized otherwise under this chapter.
B. Minimum yards required for the R-S district
are:
1. For lots created in the R-S district prior to
the effective date of the ordinance from
which this section is derived:
a. Front yard - 35 feet
b. Rear yard - 25 feet
c. Side yard - 25 feet
2. Minimum yard requirements for newly cre-
ated R-S lots shall be determined through
the PUD review process.
3. All pens, coops, barns, stables or permanent
corrals shall be set back not less than 100
feet from any residence or public road and
not less than 50 feet from any property line.
C. When a lot has one or more principal build-
ings which are oriented to place the functional rear
of a building adjacent to a side lot line a setback
from the property line equal to that for a rear yard
shall be provided.
D. All yards are subject to the provisions of
sections 38.16.060, 38.21.060, 38.23.100, 38.24.100
and 38.26.100.
(Ord. No. 1645, § 18.16.050, 8-15-2005; Ord. No.
1693, § 4(18.16.050), 2-20-2007; Ord. No. 1709,
§ 2(18.16.050), 7-16-2007; Ord. No. 1761, exh. A
(18.16.050), 7-6-2009; Ord. No. 1769, exh.
E(18.16.050), 12-28-2009)
Sec. 38.08.060. Building height.
Maximum building height for each residential
district shall be as follows:
________________________________________________________________________________________
Table 38.08.060
Residential Building Height Table
Roof Pitch in Feet Maximum Building Height 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
(Ord. No. 1645, § 18.16.060, 8-15-2005; Ord. No. 1693, § 4(18.16.060), 2-20-2007; Ord. No. 1709,
§ 2(18.16.060), 7-16-2007; Ord. No. 1761, exh. A (18.16.060), 7-6-2009; Ord. No. 1769, exh. E(18.16.060),
12-28-2009)
______________________________________________________________________________________
§ 38.08.050 BOZEMAN MUNICIPAL CODE
CD38:64PROOFS
Sec. 38.08.070. Residential garages.
A. Attached residential garages shall not ob-
scure the entrance to the dwelling.Attached garages
are required to be clearly subordinate to the dwell-
ing. A subordinate garage has two or more of the
following characteristics:
1. The principal facade of the dwelling has
been emphasized through the use of archi-
tectural features such as, but not limited to,
porches, fenestration treatment, architec-
tural details, height, orientation or gables,
so that the non-garage portion of the resi-
dence is visually dominant;
2. The facade with the garage vehicle entrance
is recessed at least four feet behind the
facade of the dwelling containing the main
entry; and/or
3. The area of the garage vehicle door com-
prises 30 percent or less of the total square
footage, exclusive of any exposed roof
areas, of the principal facade of the dwell-
ing. Principal facade shall include all wall
areas parallel to the garage door.
B. Alternative means of addressing the intent of
this section will be considered. Detached garages
are encouraged when they are compatible with the
existing neighborhood development pattern. Vehic-
ular garage access on nonprincipal facades and/or
alleys is also encouraged.
(Ord. No. 1645, § 18.16.070, 8-15-2005; Ord. No.
1693, § 4(18.16.070), 2-20-2007; Ord. No. 1709,
§ 2(18.16.070), 7-16-2007; Ord. No. 1761, exh. A
(18.16.070), 7-6-2009; Ord. No. 1769, exh.
E(18.16.070), 12-28-2009)
Sec. 38.08.080. Additional RMH district perfor-
mance standards.
A. Development of any parcel of land within the
RMH district shall be subject to all applicable
requirements of articles 22, Standards for Specific
Uses, and r23, Development Standards of this
chapter, including, but not limited to, fences, park-
ing, signs, landscaping and home occupations. In
addition, manufactured home communities will be
subject to the following general requirements:
1.Minimum area for manufactured home com-
munity district.
a. The minimum total RMH district area
shall be no less than ten acres unless
the applicant can show that the mini-
mum area requirements should be
waived because the waiver would be
in the public interest and that one or
both of the following conditions exist:
(1) Unusual physical features of the
property itself or of the surround-
ing area such that development
under the standard provisions of
this chapter would not be appro-
priate in order to conserve a
physical or terrain feature of im-
portance to the neighborhood or
community; or
(2) The property is adjacent to or
across the street from property
which has been developed under
the provisions of this section and
will contribute to the amenities
of the area.
b. Waiver of the ten-acre minimum may
only be granted by the city commis-
sion.
(Ord. No. 1645, § 18.16.080, 8-15-2005; Ord. No.
1693, § 4(18.16.080), 2-20-2007; Ord. No. 1709,
§ 2(18.16.080), 7-16-2007; Ord. No. 1761, exh. A
(18.16.080), 7-6-2009; Ord. No. 1769, exh.
E(18.16.080), 12-28-2009)
Sec. 38.08.090. Minimum density.
A. New residential development shall provide a
minimum net density. A minimum is required to
support efficiency in use of land and provision of
municipal services, and to advance the purposes and
§ 38.08.090UNIFIED DEVELOPMENT CODE
CD38:65PROOFS
goals of this chapter and the adopted growth policy.
Density may be achieved by averaging lot sizes
over an entire development.
1. Minimum densities are:
a. R-S — None
b. R-1, R-2, R-3, RMH — five dwell-
ings per net acre
c. R-4 — eight dwellings per net acre
d. R-O — six dwellings per net acre
when residences are the primary use
of the land.
(Ord. No. 1769, exh. E(18.16.090), 12-28-2009)
ARTICLE 9. RESIDENTIAL EMPHASIS
MIXED USE (RESERVED)
ARTICLE 10. COMMERCIAL ZONING
DISTRICTS
Sec. 38.10.010. Intent and purpose.
A. The intent and purposes of the commercial
zoning districts are to establish areas within the city
that are primarily commercial in character and to set
forth certain minimum standards for development
within those areas. The purpose in having more than
one commercial district is to provide opportunities
for a variety of employment and community service
opportunities within the community, while provid-
ing predictability. There is a rebuttable presumption
that the uses set forth for each district will be
compatible with each other both within the individ-
ual districts and to adjoining zoning districts when
the standards of this chapter are met and any
applicable conditions of approval have been satis-
fied. Additional requirements for development ap-
ply within overlay districts.
1. The intent of the B-1 neighborhood busi-
ness district is to provide for smaller scale
retail and service activities frequently re-
quired by neighborhood residents on a day
to day basis, as well as residential develop-
ment as a secondary purpose, while still
maintaining compatibility with adjacent res-
idential land uses. Development Scale and
pedestrian orientation are important ele-
ments of this district.
2. The intent of the B-2 community business
district is to provide for a broad range of
mutually supportive retail and service func-
tions located in clustered areas bordered on
one or more sides by limited access arterial
streets.
3. The intent of the B-3 central business
district is to provide a central area for the
community's business, government service
and cultural activities. Uses within this
district should be appropriate to such a
focal center with inappropriate uses being
excluded. Room should be provided in
appropriate areas for logical and planned
expansion of the present district.
a. It is the intent of this district to en-
courage high volume, pedestrian-
oriented uses in ground floor space in
the "core area" of the city's central
business district, i.e., along Main Street
from Grand to Rouse and to the alleys
one-half block north and south from
Main Street. Lower volume pedes-
trian uses such as professional offices
may locate on ground floor space in
the B-3 area outside the above-de-
fined core.
(Ord. No. 1645, § 18.18.010, 8-15-2005; Ord. No.
1693, § 5(18.18.010), 2-20-2007; Ord. No. 1709,
§ 3(18.18.010), 7-16-2007; Ord. No. 1761, exh.
B(18.18.010), 7-6-2009)
Sec. 38.10.020. Authorized uses.
A. Uses in the various commercial districts are
depicted in Table 38.10.020 below. Principal uses
are indicated with a "P," conditional uses are indi-
cated with a "C," accessory uses are indicated with
an "A," and uses which are not permitted within the
district are indicated by a "-." A particular proposed
development or use may fall under more than one
§ 38.08.090 BOZEMAN MUNICIPAL CODE
CD38:66PROOFS
listed category with different review processes. In
such cases, the more stringent review process shall
apply.
B. The uses listed are deliberately broad and
some are given special definitions in article 42 of
this chapter. The intent of this method is to provide
general guidance for uses while allowing the unique
needs and circumstances of each proposal to be
specifically addressed through the review process.
Some uses are the subject of special regulations
contained in article 22 of this chapter.
C. Additional uses for telecommunications are
established in article 29 of this chapter.
________________________________________________________________________________________
Table 38.10.020
Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
Ambulance service — P P
Apartments and apartment buildings6, as defined in this chapter P P1/C P3
Arts and entertainment center, as defined in this chapter P P P
Assisted living/elderly care facilities — C —
Automobile fuel sales or repair, as defined in this chapter C C C
Automobile parking lot or garage (public or private)P P P
Automobile washing establishment C P C
Banks and other financial institutions P P P
Business, technical or vocational school — C P3
Bus terminals — C C
Community centers P P P3
Convenience uses C P C
Convenience use restaurant P P P
Day care centers P P P
Essential services (Type I)P P P
Essential services (Type II)— P P
Extended-stay lodgings — P P
Food processing facilities — C —
Frozen food storage and locker rental — P —
Health and exercise establishments P1/C P P
Hospitals — P C
Hotel or motel — P P
Laboratories, research and diagnostic — P P3
Laundry, dry cleaning — C C
Light goods repair, as defined in this chapter — C A
Lodginghouses — C C3
Manufacturing, light and completely indoors — C —
Mortuary — C C
Museum — C C
Medical and dental clinics P1/C P P
Meeting hall — P P
Offices, as defined in this chapter P1/C P P3
§ 38.10.020UNIFIED DEVELOPMENT CODE
CD38:67PROOFS
Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
Other buildings and structures typically accessory to permitted
uses A A A
Parking facilities P P P3
Personal and convenience services, as defined in this chapter P P P
Pet grooming shop P P P
Printing offices and publishing establishments — — C
Private club, fraternity, sorority or lodge — P P
Public buildings P P P
Refuse and recycling containers A A A
Research laboratories — P P
Restaurants P5 P P
Retail uses, as defined in this chapter P2 P2 P2
Retail, large scale — P —
Sales of alcohol for on-premises consumption7, C C C
Sign paint shops (not including neon sign fabrication)— P C
Upholstery shops (excluding on site upholstery service for cars,
boats, trailers, trucks and other motorized vehicles requiring
overnight storage)
— P P3
Veterinary clinic — C —
Wholesale distributors with on-premises retail outlets, provid-
ing warehousing is limited to commodities which are sold on
the premises
— C —
Wholesale establishments that use samples, but do not stock on
premises — P P
Any use, except adult businesses and casinos approved as part
of a planned unit development subject to the provisions of arti-
cle 20 of this chapter
C C C
Notes:
1When located on the second or subsequent floor, or basement as defined in article 42 of this chapter.
2Excluding adult businesses, and large scale retail, as they are defined in article 42 of this chapter.
3Except on ground floor in the core area as defined in this article.
4Private arts instruction shall only be on the second or subsequent floor in the core area as defined in this
article.
5Exclusive of drive-ins.
6May be subject to the provisions of chapter 10, article 8.
7Also subject to chapter 4, article 2.
(Ord. No. 1645, § 18.18.020, 8-15-2005; Ord. No. 1693, § 5(18.18.020), 2-20-2007; Ord. No. 1709,
§ 3(18.18.020), 7-16-2007; Ord. No. 1761, exh. B(18.18.020), 7-6-2009)
______________________________________________________________________________________
§ 38.10.020 BOZEMAN MUNICIPAL CODE
CD38:68PROOFS
Sec. 38.10.030. Lot coverage and floor area.
A. In the B-1, B-2 and B-3 districts, the entire
lot, exclusive of required yards and parking, may be
occupied by the principal and accessory buildings.
This chapter provides opportunities for parking
requirements to be met by shared and off-site
parking as allowed by article 25 of this chapter.
B. In the B-1 district, the footprint of individual
buildings shall not exceed 5,000 square feet.
C. Minimum floor area requirements for each
dwelling in all districts shall be that area required
by the city's adopted International Building Code.
(Ord. No. 1645, § 18.18.030, 8-15-2005; Ord. No.
1693, § 5(18.18.030), 2-20-2007; Ord. No. 1709,
§ 3(18.18.030), 7-16-2007; Ord. No. 1761, exh.
B(18.18.030), 7-6-2009)
Sec. 38.10.040. Lot area and width.
A. All newly created lots shall have a minimum
area adequate to provide for required yards and
parking but in no case shall they be less than:
1. B-1: 5,000 square feet.
2. B-2: No minimum size.
3. B-3: No minimum size.
B. Lot width for all newly created lots shall not
be less than:
1. B-1: 50 feet.
2. B-2: 100 feet, except in conservation over-
lay district shall have no minimum width.
3. B-3: No minimum width.
(Ord. No. 1645, § 18.18.040, 8-15-2005; Ord. No.
1693, § 5(18.18.040), 2-20-2007; Ord. No. 1709,
§ 3(18.18.040), 7-16-2007; Ord. No. 1761, exh.
B(18.18.040), 7-6-2009)
Sec. 38.10.050. Yards.
A. Minimum yards required for the B-1 and B-2
districts are:
1. Buildings:
a. Front yard: seven feet, except along
arterials where minimum is 25 feet.
b. Rear yard: ten feet.
c. Side yards: five feet (except zero lot
lines as allowed by section 38.21.060).
2. Parking and loading areas:
a. Front yard: 25 feet.
b. Rear yard; ten feet.1
c. Side yards: eight feet.1
1Side and rear yards for parking may
be allowed to be zero feet when
coordinatedparkingarrangements
between adjacent properties is
provided.
3. The purpose of differentiated yard setback
requirements is to encourage the placement
and development of buildings in a manner
to address the street and adjacent pedestrian
activity and encourage a vigorous and di-
verse streetscape.
4. All vehicle entrances into garages shall be
no closer than 20 feet to a property line,
unless explicitly authorized otherwise un-
der this chapter.
5. Rear and side yards adjacent to alleys shall
be at least five feet.
B. Minimum yards required for the B-3 district
are:
1. No minimum yards prescribed for the B-3
district except a seven-foot front yard shall
be required on Mendenhall and Babcock
Streets.
2. Where at least 50 percent of a block (from
cross-street to cross-street) in the B-3 dis-
trict is presently used for residential pur-
poses the minimum yards established in
subsection A of this section shall be re-
quired.
3. Rear and side yards adjacent to alleys shall
be at least five feet.
§ 38.10.050UNIFIED DEVELOPMENT CODE
CD38:69PROOFS
C. All yards shall be subject to the provisions of
sections 38.16.060, 38.20.060, 38.22.100, 38.23.100,
and 38.25.100, when applicable.
(Ord. No. 1645, § 18.18.050, 8-15-2005; Ord. No.
1693, § 5(18.18.050), 2-20-2007; Ord. No. 1709,
§ 3(18.18.050), 7-16-2007; Ord. No. 1761, exh.
B(18.18.050), 7-6-2009)
Sec. 38.10.060. Building height.
A. Maximum building height for each commer-
cial district shall be as follows:
1. In the B-1 district:
a. Roof pitch less than 3:12: 34 feet.
b. Roof pitch 3:12 or greater: 38 feet.
2. In the B-2 district:
a. Roof pitch less than 3:12: 38 feet.
b. Roof pitch 3:12 or greater: 44 feet.
c. Maximum height allowed by subsec-
tions 2.a and b of this section may be
increased by up to a maximum of 50
percent when the B-2 zoning district
is implementing a regional commer-
cial and services growth policy land
use designation.
d. Maximum height otherwise cumula-
tively allowed by this section may be
increased by 30 percent through the
approval of a conditional use permit,
but only when the additional height is
a specifically identified purpose of the
review.
3. In the B-3 district:
a. In the B-3 district core area: 55 feet.
b. In the B-3 district outside of the core
area: 70 feet.
4. In all districts, all commercial floor space
provided on the ground floor of a building
shall have a minimum floor-to-ceiling height
of 12 feet.
(Ord. No. 1645, § 18.18.060, 8-15-2005; Ord. No.
1693, § 5(18.18.060), 2-20-2007; Ord. No. 1709,
§ 3(18.18.060), 7-16-2007; Ord. No. 1761, exh.
B(18.18.060), 7-6-2009)
ARTICLE 11. URBAN MIXED-USE ZONING
DISTRICT
Sec. 38.11.010. Intent and purpose.
A. The intent and purposes of the urban mixed-
use ("UMU") district is to establish areas within the
city that are mixed-use in character, and to set forth
certain minimum standards for development within
those areas which encourage vertical mixed-use
development with high density. The purpose in
having an urban mixed-use district is to provide
options for a variety of employment, retail and
community service opportunities within the com-
munity, with incorporated opportunity for some
residential uses, while providing predictability to
landowners and residents in uses and standards.
There is a rebuttable presumption that the uses set
forth for each district will be compatible both
within the individual districts and to adjoining
zoning districts when the standards of this chapter
are met and any applicable conditions of approval
have been satisfied. Additional requirements for
development apply within overlay districts.
1. It is the further the intent of this district to:
a. Allow a mixture of complementary
land uses which encourages mixed
uses on individual floors including,
but not limited to, retail, offices, com-
mercial services, restaurants, bars, ho-
tels, recreation and civic uses, and
housing, to create economic and so-
cial vitality and to encourage the link-
ing of trips;
b. Foster the development of vertically
oriented mixed uses, in contrast to
single use development distributed
along high vehicle capacity roadways;
c. Encourage development that exhibits
the physical design characteristics of
vibrant, urban, pedestrian-oriented,
storefront-style shopping streets with
pedestrian amenities;
§ 38.10.050 BOZEMAN MUNICIPAL CODE
CD38:70PROOFS
d. Develop commercial and mixed-use
areas that are safe, comfortable, and
attractive to pedestrians;
e. Provide flexibility in the siting and
design of new developments and re-
development to anticipate changes in
the marketplace;
f. Reinforce the principle of streets as
public places that encourage pedes-
trian and bicycle travel, and on-street
parking;
g. Provide roadway and pedestrian con-
nections to residential areas;
h. Provide transitions between high-
traffic streets and adjacent residential
neighborhoods;
i. Encourage efficient land use by facil-
itating compact, high-density, multi
story development and minimizing the
amount of land that is needed for
surface parking;
j. Facilitate development (land use mix,
density and design) that supports pub-
lic transit, where applicable;
k. Provide appropriate locations and de-
signstandardsforautomobileandtruck-
dependent uses;
l. Maintain mobility along traffic corri-
dors while supporting the creation of
"places" or centers which will create
lasting and enduring, long-term value
to the community;
m. Emphasize the need to serve the adja-
cent, local neighborhood and also the
greater city area as well;
n. Minimize parking lots through shared
uses of mixed uses;
o. Create central urban gathering places
such as community squares or plazas;
p. Facilitate designs of each mixed use
to help ensure long-term financial vi-
ability of each mixed use;
q. Allow for urban oriented recreational
activities consistent with the standards
and intent of the district; and
r. To encourage and support the use of
sustainable building practices.
2. To accomplish the intent of the district, the
UMU district should ideally be located at
the intersections of major traffic corridors,
that is at the intersections of two arterials,
or less frequently, an arterial and a collector
street. The major intersections should have
or be planned to have a stop light or other
active traffic control. While placement at
major intersections is a necessary precon-
dition, not all major intersections should
have the UMU district adjacent to them.
Additionally,placementofthisdistrictshould
be adjacent or near to dense residential
development to enhance walking and bicy-
cle use.
(Ord. No. 1681, § 2(18.19.010), 6-4-2007; Ord. No.
1709, § 4(18.19.010), 7-16-2007)
Sec. 38.11.020. Authorized uses.
A. Uses in the urban mixed-use district are
depicted in Table 38.11.020. Principal uses are
indicated with a "P," conditional uses are indicated
with a "C," accessory uses are indicated with an
"A," and uses which are not authorized within the
district are indicated by a "-." A particular proposed
development or use may fall under more than one
listed category with different review processes. In
such cases, the more stringent review process shall
apply.
B. The uses listed are deliberately broad and
some are given special definitions in article 42 of
this chapter. The intent of this method is to provide
general guidance for uses while allowing the unique
needs and circumstances of each proposal to be
specifically addressed through the review process.
Some uses are the subject of special regulations
contained in article 22 of this chapter.
C. Additional uses for telecommunications are
established in article 29 of this chapter.
§ 38.11.020UNIFIED DEVELOPMENT CODE
CD38:71PROOFS
D. Mixed uses required and limited.
1. Development shall include a mix of uses.
2. Uses shall be grouped as commercial, in-
dustrial, offices, institutional, and residen-
tial. A combination of at least two different
groups of uses shall be provided within
each site plan.
3. No use group shall exceed 70 percent of the
total gross building floor area in the entire
site development. Multiple buildings may
be shown on a single site plan as allowed in
article 19 of this chapter.
4. The ground level gross building area shall
be at least 75 percent nonresidential in use.
5. Residential uses shall be provided in all
mixed-use developments, and shall occupy
not less than 20 percent of the total gross
building floor area of the district.
6. For the purposes of calculating the percent-
age of a use within the site development the
gross square foot floor area of building for
each use shall be utilized.
_________________________________________________________________________________
Table 38.11.020
Table of Commercial Uses Authorized Uses
Ambulance service P
Apartments and apartment buildings1 (as defined in this chapter)P
Arts and entertainment center (as defined in this chapter)P
Assisted living/elderly care facilities P
Automobile fuel sales or repair (as defined in this chapter)C
Automobile parking lot or garage (public or private)P
Automobile washing establishment C
Banks and other financial institutions P
Business, technical or vocational school P
Bus terminals C
Community centers P
Convenience uses C
Convenience use restaurant P
Essential services (Type II)C
Extended-stay lodgings P
Health and exercise establishments P
Hospitals P
Hotel or motel P
Laboratories, research and diagnostic P
Laundry, dry cleaning P
Light goods repair (as defined in this chapter)P
Lodginghouses P
Manufacturing (light and completely indoors)P
Mortuary C
Museum P
Medical and dental clinics P
Meeting hall P
Offices (as defined in this chapter)P
§ 38.11.020 BOZEMAN MUNICIPAL CODE
CD38:72PROOFS
Table of Commercial Uses Authorized Uses
Other buildings & structures (typically accessory to permitted uses)A
Parking facilities P
Personal and convenience services (as defined in this chapter)P
Pet grooming shop P
Printing offices and publishing establishments C
Private club, fraternity, sorority or lodge P
Public buildings P
Refuse and recycling containers A
Research laboratories P
Restaurants P
Retail uses (as defined in this chapter)P*
Retail (large scale)C
Sales of alcohol for on-premises consumption (no gaming allowed) C
Sign paint shops (not including neon sign fabrication)C
Upholstery shops (excluding on-site upholstery service for cars, boats, trailers, trucks
and other motorized vehicles requiring overnight storage)P
Veterinary clinic P
Wholesale distributors with on-premises retail outlets (providing warehousing is lim-
ited to commodities which are sold on the premises)P
Wholesale establishments (ones that use samples, but do not stock on premises)P
Any use, except adult businesses and casinos approved as part of a planned unit de-
velopment subject to the provisions of article 20 of this chapter C
Notes:*Excluding adult business, and large scale retail, as they are defined in article
42 of this chapter —
1May be subject to the provisions of chapter 10, article 8.
(Ord. No. 1681, § 2(18.19.020), 6-4-2007; Ord. No. 1709, § 4(18.19.020), 7-16-2007)
______________________________________________________________________________________
Sec. 38.11.030. Lot coverage and floor area.
A. In the UMU district, the entire lot, exclusive
of the required yards and parking, may be occupied
by the principal and accessory buildings. This
chapter provides opportunities for parking require-
ments to be met by shared and off-site parking, as
allowed by article 25 of this chapter.
B. In the UMU district, the footprint of individ-
ual buildings shall not exceed 45,000 square feet.
C. Minimum floor area requirements for each
dwelling in all districts shall be that area required
by the city's adopted International Building Code.
D. All development shall provide a minimum
floor area ratio of not less than 0.75. "Floor area
ratio" is the ratio attained by dividing the gross
square feet of building by gross land area of the lot
being developed. A site plan for development may
show future phases of buildings to be used to
demonstrate compliance with the minimum floor
area ratio standard.
(Ord. No. 1681, § 2(18.19.030), 6-4-2007; Ord. No.
1709, § 4(18.19.030), 7-16-2007)
Sec. 38.11.040. Lot area and width.
A. All newly created lots shall have a minimum
area adequate to provide for required yards and
parking. In the UMU district there is no minimum
size for newly created lots.
B. There is no minimum width for newly created
lots within the UMU district.
(Ord. No. 1681, § 2(18.19.040), 6-4-2007; Ord. No.
1709, § 4(18.19.040), 7-16-2007)
§ 38.11.040UNIFIED DEVELOPMENT CODE
CD38:73PROOFS
Sec. 38.11.050. Yards.
A.Minimum yards.No minimum yards are re-
quired for the mixed-use district. Easements for
utilities or other special standards may require
buildings to be placed back from lot lines.
B.Maximum setback.Buildings shall be ori-
ented to the adjacent street. At least 50 percent of
the total building frontage, which is oriented to the
street, shall be placed within ten feet of any
minimum required separation from the property
line.
C.Special yard requirements.All yards shall be
subject to the provisions of sections 38.17.060,
Design Criteria and Development Standards in
Entryway Corridors, 38.21.060, Yard and Height
Encroachments, Limitations and Exceptions,
38.23.100, Watercourse Setback, 38.24.100, Street
Vision Triangle, and 38.26.100, General Mainte-
nance, when applicable.
(Ord. No. 1681, § 2(18.19.050), 6-4-2007; Ord. No.
1709, § 4(18.19.050), 7-16-2007)
Sec. 38.11.060. Building height.
A. Minimum building height is three stories and
32 feet. To comply with this standard the space
being claimed as a story must be capable of being
occupied for human use and have a floor area of not
less than 50 percent of the ground level story.
B. Maximum building height, except as allowed
under subsection C of this section for the UMU
district shall be 55 feet.
C. Maximum building height may be increased
by up to but not more than an additional 25 feet
when structured parking is provided per section
38.11.070.E.2, and when determined to be in com-
pliance with the review criteria of section 38.19.090.
(Ord. No. 1681, § 2(18.19.060), 6-4-2007; Ord. No.
1709, § 4(18.19.060), 7-16-2007)
Sec. 38.11.070. Special standards.
A. A UMU district is anticipated to generally be
not less than 20 acres in area. The city commission
may approve a lesser area of not less than ten acres
upon finding that a smaller area will still provide for
adequate transition between adjacent districts, pro-
vide a reasonable community setting for the inten-
sity of the district, and that a smaller area will not
constitute spot zoning.
B. The district shall be surrounded by perimeter
streets unless precluded by topography.
C. All development within the urban mixed-use
district, regardless of location within the city, shall
conform to chapters 1 through 4 of the design
objectives plan established in article 17 of this
chapter. In the event of a conflict between the
design objectives plan and the standards of this
chapter, the standards of this chapter shall govern.
D. Landscaping requirements shall be the same
as the portion of the B-3 district outside the defined
core area as shown in section 38.26.060, Table
38.26.060-1.
E. Special parking standards.
1. Maximum surface parking.
a. In order to achieve the intent of the
district and achieve efficiency in the
use of land, surface parking provided
for the sole use of an individual de-
velopment shall not exceed 100 per-
cent of the minimum parking require-
ment for the subject land use based
upon the requirements of article 25 of
this chapter. The UMU district may
utilize the parking reductions autho-
rized in section 38.25.040.2.c.1. In
determining the 100 percent require-
ment all qualifying reductions shall be
included.
b. Exemptions to section 38.11.070.E.1.a,
to allow unstructured surface parking
up to 100 percent of the minimum
parking requirement exclusive of re-
ductions may be approved through the
development review process for de-
velopments that provide shared park-
ing to other development, valet park-
ing spaces, parking for off-site users
§ 38.11.050 BOZEMAN MUNICIPAL CODE
CD38:74PROOFS
for which an hourly or other regular
rent is paid, or similarly managed
parking facilities.
2. Structured parking incentive. A floor area
bonus of one square foot may be granted
for each square foot of area of parking
providedwithinabuilding.Additionalheight
of building is allowed to accommodate this
additionalbuildingareapersection38.11.060.
3. Bicycle parking. Covered bicycle parking
shall be provided. The covered spaces shall
be at least one-half of the total minimum
bicycle parking. The minimum number of
covered spaces shall be the greater of either
ten bicycle parking spaces or five percent
of motor vehicle parking provided on-site.
F. Building standards.
1. Transitions. Where the UMU district is
adjacent to another zoning district, those
buildings greater than three stories and
located within 50 feet of another zoning
district, not including width of streets, shall
have a stepped facade on the side facing the
other district. The portion of the facade in
excess of three stories shall be stepped back
not less than 25 percent of the height of the
initial three stories. Where applicable, cor-
nices (e.g., building tops or first-story cor-
nices) shall be aligned to generally match
the height of those on adjacent buildings.
2. Floor-to-floor heights and floor area of
ground-floor space.
a. All commercial floor space provided
on the ground floor of a mixed-use
building shall have a minimum floor-
to-ceiling height of 12 feet.
b. All commercial floor space provided
on the ground floor of a mixed-use
building shall contain the following
minimum floor area:
(1) At least 800 square feet or 25
percent of the lot area (which-
ever is greater) on lots with street
frontage of less than 50 feet; or
(2) At least 20 percent of the lot area
on lots with 50 feet of street
frontage or more.
3. In the UMU district buildings shall provide
transparency along at least 50 percent of the
linear length of the building's facade. This
may be achieved with windows, displays,
building lobbies, building entrances, dis-
play windows, or windows affording views
into retail, office, or lobby spaces. This
requirement shall apply to both frontages of
a building located on a corner lot.
a. The bottom edge of any window or
product display window used to sat-
isfy the transparency standard of this
subsection F.3. may not be more than
four feet above the adjacent sidewalk.
b. Product display windows used to sat-
isfy these requirements shall have a
minimum height of four feet and be
internally lighted.
4. Street-level openings on parking structures
shall be limited to those necessary for retail
store entrances, vehicle entrance and exit
lanes, and pedestrian entrances to stairs and
elevator lobbies. Parking structures adja-
cent to streets shall have architectural de-
tailing such as, but not limited to, standard
size masonry units such as brick, divided
openings to give the appearance of win-
dows, and other techniques to provide an
interesting and human-scaled appearance
on the story adjacent to the sidewalk. Park-
ing areas may not be used to meet the
frontage requirement of section 38.11.050.B.
5. Buildings shall be articulated with mod-
ules, architectural detailing, individual floors
visually expressed in the facade, and rhythm
and pattern of openings and surfaces to be
human-scale.
G. Lighting. All building entrances, pathways,
andotherpedestrianareasshallbelitwithpedestrian-
scale lighting (e.g., wall mounted, sidewalk lamps,
bollards, landscaping lighting, et cetera). Alterna-
§ 38.11.070UNIFIED DEVELOPMENT CODE
CD38:75PROOFS
tive lighting meeting the intent of the design guide-
lines and other criteria of this chapter, may be
approved through site development review.
H. Natural surveillance. The proposed site lay-
out, building, and landscape design shall promote
natural surveillance of the area by employees,
visitors, and residents. Physical features and activ-
ities should be oriented and designed in ways that
maximize the ability to see throughout the site. For
example, window placement, the use of front porches
or stoops, use of low or see-through walls, and
appropriate use of landscaping and lighting can
promote natural surveillance. Sight-obscuring shrubs
and walls should be avoided, except as necessary
for buffering between commercial uses and lower
density residential districts, and then shall be min-
imized.
I. Public spaces. The UMU district is urban in
nature. Public parks and recreational areas are
likewise expected to be urban in nature. This will
include elements such as plazas or other hardscapes,
landscaping with planters, furniture, developed rec-
reation facilities such as basketball and tennis
courts or indoor recreation facilities, and be more
concentrated in size and development than antici-
pated in a less urban setting. Public spaces shall be
designed to facilitate at least three distinct types of
activities to encourage consistent human presence
and activity. The requirements of this section shall
give direction in the development of park plans and
the application of the standards of article 27 of this
chapter.
1. Public spaces shall be designed to:
a. Facilitate social interaction between
and within groups;
b. Provide safe, pleasant, clean and con-
venient sitting spaces adaptable to
changing weather conditions;
c. Be attractive to multiple age groups;
d. Provide for multiple types of activities
without conflicting;
e. Support organized activities;
f. Be visually distinctive and interesting;
g. Interconnect with other public and
private spaces; and
h. Prioritize use by persons.
(Ord. No. 1681, § 2(18.19.070), 6-4-2007; Ord. No.
1709, § 4(18.19.070), 7-16-2007)
ARTICLE 12. INDUSTRIAL ZONING
DISTRICTS
Sec. 38.12.010. Intent and purpose.
A. The intent and purpose of the industrial
zoning districts is to establish areas within the city
that are primarily industrial in character and to set
forth certain minimum standards for development
within those areas. The purpose in having more than
one industrial district is to provide opportunities for
a variety of employment and community service
functions within the community while providing
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 chapter are met and any applicable conditions
of approval have been satisfied. Additional require-
ments for development apply within overlay dis-
tricts.
1. The intent of the M-1 light manufacturing
district is to provide for the community's
needs for wholesale trade, storage and ware-
housing, trucking and transportation termi-
nals, light manufacturing and similar activ-
ities. The district should be oriented to
major transportation facilities yet arranged
to minimize adverse effects on residential
development,therefore,sometypeofscreen-
ing may be necessary.
2. The intent of the M-2 manufacturing and
industrial district is to provide for heavy
manufacturing and industrial uses, servic-
ing vocational and employment needs of
city residents.
3. The intent of the B-P business park district
is to provide for high quality settings and
facilities for the development of a variety of
compatibleemploymentopportunities.These
§ 38.11.070 BOZEMAN MUNICIPAL CODE
CD38:76PROOFS
areas should be developed so as to recog-
nize the impact on surrounding or adjacent
development and contribute to the overall
image of the community. Compatibility
with adjacent land uses and zoning is re-
quired.
(Ord. No. 1645, § 18.20.010, 8-15-2005; Ord. No.
1693, § 6(18.20.010), 2-20-2007; Ord. No. 1709,
§ 5(18.20.010), 7-16-2007; Ord. No. 1761, exh.
C(18.20.010), 7-6-2009)
Sec. 38.12.020. Authorized uses.
A. Uses in the various industrial districts are
depicted in Table 38.12.020. Principal uses are
indicated with a "P," conditional uses are indicated
with a "C," accessory uses are indicated with an
"A," and uses which are not authorized within the
district are indicated by a "-." A particular proposed
development may fall under more than one listed
category with different review processes. In such
cases, the more stringent review process shall apply.
B. The uses listed are deliberately broad and are
defined in article 42 of this chapter. The intent of
this method is to provide general guidance for uses
while allowing the unique needs and circumstances
of each proposal to be specifically addressed through
the review process. Some uses are the subject of
special regulations contained in article 22 of this
chapter.
C. Additional telecommunication uses are estab-
lished in article 29 of this chapter.
________________________________________________________________________________________
Table 38.12.020
Table of Industrial Uses Permitted Uses
BP M-1 M-2
Adult business1 — P1 P1
Agriculture — — P
Ambulance service — P P
Amusement and recreational facilities — P C
Animal shelters — C C
Automobile, boat or recreational vehicle sales, service and/or
rental — P P
Automobile fuel sale or repair, as defined in this chapter — P P
Automobile parking lot or garage (public or private)P/A2 P/A2 P/A2
Automobile washing establishment — P P
Banks and other financial institutions C P C
Building materials — P P
Community center, as defined in this chapter P P P
Day care center C/A3 C/A3 C/A3
Food processing facility — P P
Essential services (Type I)P P P
Essential services (Type II)P P P
Fences A A A
Health and exercise establishments C P P
Hospitals P — —
Hotel or motel — P P
Junk salvage or automobile reduction/salvage yards — — C
Laboratories, research and diagnostic P P P
§ 38.12.020UNIFIED DEVELOPMENT CODE
CD38:77PROOFS
Table of Industrial Uses Permitted Uses
BP M-1 M-2
Light goods repair, as defined in this chapter — P P
Manufacturing, light P4 P4 P
Manufacturing or industrial uses of all types if in compliance
with all provisions of this chapter unless otherwise stated in
this section.
— — P
Medical clinics P P P
Offices, as defined in this chapter P5 P P
Other buildings and structures typically accessory to permitted
uses A A A
Outside storage —/A6 P/A6 P/A6
Personal and convenience services, as defined in this chapter — C C
Personnel service facilities providing services, education, food
and convenience goods primarily for those personnel employed
in the principal use
A A A
Production manufacturing and generation facilities (electric and
gas)— — C
Public buildings P P P
Retail sales of goods produced or warehoused on site and re-
lated products, not to exceed 20 percent of gross floor area or
10,000 square feet, whichever is less
A A A
Residential use which is clearly accessory to the operation of a
permitted principal or conditional use7, 11 — A7, 11 A7, 11
Restaurant8 — P8 P8
Restaurants serving alcoholic beverages9 — C9 C9
Refuse and recycling containers A A A
Retail establishments other than principal uses listed in this
section — C C
Signs10 A A A
Solid waste transfer station — — C
Temporary buildings and yards incidental to ongoing construc-
tion work A A A
Truck, bus and rail terminal facilities — P P
Truck repair, washing, and fueling facilities — C P
Technology research establishments P P P
Trade schools — P P
Veterinary clinics P P P
Warehousing — P P
Warehousing, residential storage (mini warehousing)— P P
Any use, except casinos and retail, large scale, approved as
part of a planned unit development subject to the provisions of
article 20 of this chapter
C C C
1Subject to the requirements of article 22 of this chapter.
2As required by this chapter and meeting the standards of this chapter.
§ 38.12.020 BOZEMAN MUNICIPAL CODE
CD38:78PROOFS
3If primarily offering services to a single business or group of businesses within the same building or building
complex.
4Completely enclosed within a building.
5Professional and business offices only.
6Only if accessory to a principal use and if screened from the street and surrounding properties by a solid
fence or dense plantings at least six feet in height.
7For the purposes of this section, accessory means less than 50 percent of gross floor area of a building, and
being generally located on the second or subsequent floor.
8Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever
is less, or occupying not more than 45 percent of the gross floor area of a food processing facility.
9Limited to state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying
not more than 45 percent of the total building area of a food processing facility.
10Subject to the requirements of article 28 of this chapter.
11May be subject to the provisions of chapter 10, article 8.
(Ord. No. 1645, § 18.20.020, 8-15-2005; Ord. No. 1693, § 6(18.20.020), 2-20-2007; Ord. No. 1709,
§ 5(18.20.020), 7-16-2007; Ord. No. 1761, exh. C(18.20.020), 7-6-2009; Ord. No. 1786, § 6, 7-26-2010)
______________________________________________________________________________________
Sec. 38.12.030. Lot coverage and floor area.
A. In the M-1 and M-2 districts, the entire lot,
exclusive of required yards and parking, may be
occupied by the principal and accessory buildings.
This chapter provides opportunities for parking
requirements to be met by shared and off-site
parking as allowed by article 25 of this chapter.
B. In the B-P district, not more than 60 percent
of the total lot area shall be occupied by impervious
surfaces. The remaining 40 percent of the total lot
area shall be landscaped as defined in this chapter.
C. Minimum floor area requirements for each
dwelling in all districts shall be that area required
by the city's adopted International Building Code.
(Ord. No. 1645, § 18.20.030, 8-15-2005; Ord. No.
1693, § 6(18.20.030), 2-20-2007; Ord. No. 1709,
§ 5(18.20.030), 7-16-2007; Ord. No. 1761, exh.
C(18.20.030), 7-6-2009)
Sec. 38.12.040. Lot area and width.
A. All newly created lots shall have a minimum
area adequate to provide for required yards and
parking but in no case shall they be less than:
1. In the M-1 district: 7,500 square feet.
2. In the M-2 district: No minimum area.
3. In the B-P district: 43,560 square feet.
B. Lot width for all newly created lots shall not
be less than:
1. In the M-1 district: 75 feet.
2. In the M-2 district: 100 feet.
3. In the B-P district: 150 feet.
(Ord. No. 1645, § 18.20.040, 8-15-2005; Ord. No.
1693, § 6(18.20.040), 2-20-2007; Ord. No. 1709,
§ 5(18.20.040), 7-16-2007; Ord. No. 1761, exh.
C(18.20.040), 7-6-2009)
§ 38.12.040UNIFIED DEVELOPMENT CODE
CD38:79PROOFS
Sec. 38.12.050. Yards.
A. Minimum yards required for the M-1 and
M-2 districts are:
1. Structures (unless otherwise permitted by
this chapter):
a. Front yard: 20 feet.
b. Rear yard: three feet.
c. Side yards: three feet (except zero lot
lines as allowed by section
38.21.060.B).
2. Parking and loading areas:
a. Front yard: 20 feet.
b. Rear yard: zero feet.
c. Side yards: zero feet.
3. Rear and side yards adjacent to alleys shall
be at least five feet.
B. Minimum yards required for the B-P district
are:
1. Front yard: 25 feet.
2. Rear yard; 20 feet.
3. Side yards: 15 feet (except zero lot lines as
allowed by section 38.21.060.B).
4. All yards fronting on public or private
streets shall be a minimum of 25 feet.
Front, rear and side yard requirements shall
be increased three feet for each additional
5,000 square feet over a total gross foot-
print area of 25,000 square feet, up to
maximum requirement of 40 feet for rear
and side yards and 50 feet for front yards.
5. Rear and side yards adjacent to alleys shall
be at least five feet.
C. All yards shall be subject to the provisions of
sections 38.17.060, 38.21.060, 38.23.100, 38.24.100,
and 38.26.100, when applicable.
(Ord. No. 1645, § 18.20.050, 8-15-2005; Ord. No.
1693, § 6(18.20.050), 2-20-2007; Ord. No. 1709,
§ 5(18.20.050), 7-16-2007; Ord. No. 1761, exh.
C(18.20.050), 7-6-2009)
Sec. 38.12.060. Building height.
A. Maximum building height for each industrial
district shall be as follows:
1. In the M-1 and M-2 districts: 45 feet.
2. In the B-P district:
a. Roof pitch less than 3:12: 38 feet.
b. Roof pitch 3:12 or greater: 44 feet.
c. Maximum height otherwise allowed
by subsections 2.a and b of this sec-
tion may be increased by up to a
maximum of 50 percent when the B-P
zoning district is implementing a re-
gional commercial and services growth
policy land use designation.
d. Maximum height otherwise cumula-
tively allowed by this section may be
increased by 30 percent through the
approval of a conditional use permit,
but only when the additional height is
a specifically identified purpose of the
review.
(Ord. No. 1645, § 18.20.060, 8-15-2005; Ord. No.
1693, § 6(18.20.060), 2-20-2007; Ord. No. 1709,
§ 5(18.20.060), 7-16-2007; Ord. No. 1761, exh.
C(18.20.060), 7-6-2009)
ARTICLE 13. PUBLIC LANDS AND
INSTITUTIONS DISTRICT
Sec. 38.13.010. Intent.
The intent of the PLI public lands and institu-
tions district is to provide for major public and
quasi-public uses outside of other districts. Not all
public and quasi-public uses need to be classified
PLI. Some may fit within another district, however
larger areas will be designated PLI.
(Ord. No. 1645, § 18.22.010, 8-15-2005; Ord. No.
1693, § 7(18.22.010), 2-20-2007)
Sec. 38.13.020. Applicability.
To the maximum extent allowed by state law, all
PLI development shall be subject to review and
§ 38.12.050 BOZEMAN MUNICIPAL CODE
CD38:80PROOFS
approval as provided for by this chapter, based upon
recommendations received from the applicable re-
view bodies established by article 33 of this chapter
as may be applicable, and shall be required to
comply with all applicable underlying zoning re-
quirements, as well as any requirements for certif-
icates of appropriateness as established in design
objective plans or other overlay district regulations
or guidelines.
(Ord. No. 1645, § 18.22.020, 8-15-2005; Ord. No.
1693, § 7(18.22.020), 2-20-2007)
Sec. 38.13.030. Authorized uses.
A. Authorized uses in the PLI district are as
follows:
1.Principal uses.
a. Ambulance service.
b. Cemeteries.
c. Essential services (Type I).
d. Museums, zoos, historic and cultural
facilities and exhibits.
e. Other public buildings, e.g., fire and
police stations and municipal build-
ings.
f. Public and nonprofit, quasi-public in-
stitutions, e.g., universities, elemen-
tary, junior and senior high schools
and hospitals.
g. Publicly owned land used for parks,
playgrounds and open space.
h. Publicly owned community centers.
2.Conditional uses.
a. Day care centers.
b. Essential services (Type II).
c. Solid waste landfill and transfer facil-
ities.
3.Accessory uses.
a. Other buildings and structures typi-
cally accessory to permitted uses.
(Ord. No. 1645, § 18.22.030, 8-15-2005; Ord. No.
1693, § 7(18.22.030), 2-20-2007)
Note—Additional uses for telecommunication facili-
ties are provided for in article 29 of this chapter.
Sec. 38.13.040. Lot area and width.
The lot area and width requirement of the PLI
district is as follows: no requirement.
(Ord. No. 1645, § 18.22.040, 8-15-2005; Ord. No.
1693, § 7(18.22.040), 2-20-2007)
Sec. 38.13.050. Lot coverage.
In the PLI district, the entire lot, exclusive of
required yards and parking, may be occupied by the
principal and accessory buildings.
(Ord. No. 1645, § 18.22.050, 8-15-2005; Ord. No.
1693, § 7(18.22.050), 2-20-2007)
Sec. 38.13.060. Yards.
In the PLI district, there is no yard requirement
except when a lot is adjacent to another district. The
yards then shall be the same as the adjacent district.
The yard requirements of RS shall be interpreted as
those of R1. (Note: All yards shall be subject to the
provisionsofsections38.17.060,38.21.060,38.23.100
and 38.24.100, when applicable.)
(Ord. No. 1645, § 18.22.060, 8-15-2005; Ord. No.
1693, § 7(18.22.060), 2-20-2007)
ARTICLE 14. NORTHEAST HISTORIC
MIXED-USE DISTRICT
Sec. 38.14.010. Intent and purpose.
A. The intent of the northeast historic mixed-use
district is to provide recognition of an area that has
developed with a blend of uses not commonly seen
under typical zoning requirements. The unique
qualities and nature of the area are not found
elsewhere in the city and should be preserved as a
place offering additional opportunities for creative
integration of land uses. The intent of this area is to
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CD38:81PROOFS
allow private and case-by-case determination of the
most appropriate use of land in a broad range of
both nonresidential and residential uses. Standards
for buffering between different land uses are delib-
erately not as high as standards elsewhere in the
community as it is assumed that persons choosing
to locate in this area are aware of the variety of
possible adjacent land uses and have accepted such
possibilities as both acceptable and desirable. It is
expected that the lots within this district will con-
tinue to develop under a variety of uses which may
increase or decrease in scope in any given portion
of the district.
B. The clear intent of this district is to support a
mix and variety of nonresidential and residential
uses. Nothing in this article shall be interpreted to
be discouraging or prejudicial to any listed use
except as set forth as principal and conditional uses.
(Ord. No. 1645, § 18.24.010, 8-15-2005; Ord. No.
1693, § 8(18.24.060), 2-20-2007; Ord. No. 1709,
§ 6(18.24.010), 7-16-2007)
Sec. 38.14.020. Authorized uses.
A. Authorized uses for the Northeast HMU dis-
trict are as follows:
Note—(Additional uses for telecommunication facil-
ities are provided for in article 29 of this chapter)
1.Principal uses.
a. Those principal uses allowed in the
R-2 and M-1 districts.
b. Restaurants, 1,500 square feet or less.
2.Conditional uses.
a. Those conditional uses allowed in the
R-2 and M-1 districts, except adult
businesses and casinos.
b. Any use, except adult businesses, ca-
sinos and large scale retail approved
as part of a planned unit development
subject to the provisions of article 20
of this chapter.
3.Accessory uses.Those accessory uses al-
lowed in R-2 and M-1 districts.
(Ord. No. 1645, § 18.24.020, 8-15-2005; Ord. No.
1693, § 8(18.24.020), 2-20-2007; Ord. No. 1709,
§ 6(18.24.020), 7-16-2007)
Sec. 38.14.030. Lot area and width.
A. Lot area for the Northeast HMU district shall
not be less than 5,000 square feet, except as allowed
in subsection C of this section, and the lot area shall
provide all required yard areas and off-street park-
ing and loading.
B. No lot width shall be less than 50 feet except
lot width for townhomes and lots or dwellings
satisfying the requirements of chapter 10, article 8,
may be not less than 30 feet.
C. Lot area per dwelling shall not be less than
5,000 square feet per detached single-household
dwelling and 3,000 square feet per attached dwell-
ing. Lot area per each dwelling used to satisfy the
requirements of chapter 10, article 8, shall not be
less than 3,000 square feet per detached single-
household dwelling and 2,500 square feet per at-
tached dwelling.
(Ord. No. 1645, § 18.24.030, 8-15-2005; Ord. No.
1693, § 8(18.24.030), 2-20-2007; Ord. No. 1709,
§ 6(18.24.030), 7-16-2007; Ord. No. 1761, 7-6-
2009)
Sec. 38.14.040. Lot coverage and floor area.
A. In the northeast HMU district, not more than:
1. Forty percent of the lot area shall be occu-
pied by the principal and accessory build-
ings for principally residential uses; or
2. The entire lot, exclusive of required yards
and parking, may be occupied by the prin-
cipal and accessory buildings for princi-
pally nonresidential uses.
B. All dwelling units shall meet the minimum
floor area requirements of the city's adopted Inter-
national Building Code.
(Ord. No. 1645, § 18.24.040, 8-15-2005; Ord. No.
1693, § 8(18.24.040), 2-20-2007; Ord. No. 1709,
§ 6(18.24.040), 7-16-2007)
§ 38.14.010 BOZEMAN MUNICIPAL CODE
CD38:82PROOFS
Sec. 38.14.050. Yards.
A. Every lot in the northeast HMU district shall
have the following minimum yards:
1. Front yard: 20 feet.
2. Rear yard: three feet, for structures only.
3. Side yards: three feet, for structures only.
B. Rear or side yards adjacent to alleys shall be
at least five feet.
C. All yards shall be subject to the provisions of
sections 38.21.060, 38.23.100 and 38.24.100, when
applicable.
(Ord. No. 1645, § 18.24.050, 8-15-2005; Ord. No.
1693, § 8(18.24.050), 2-20-2007; Ord. No. 1709,
§ 6(18.24.050), 7-16-2007)
Sec. 38.14.060. Building height.
Maximum building height in the northeast HMU
district shall be 45 feet.
(Ord. No. 1709, § 6(18.24.060), 7-16-2007; Ord.
No. 1709, § 6(18.24.060), 7-16-2007)
Sec. 38.14.070. Residential garages.
A. For residential uses only, attached garages
shall not obscure the entrance to the dwelling.
Attached garages are encouraged to be clearly
subordinate to the dwelling. A subordinate garage
has one or more of the following characteristics:
1. The principal facade of the dwelling has
been emphasized through the use of archi-
tectural features such as, but not limited to,
porches, fenestration treatment, architec-
tural details, height, orientation or gables,
so that the non-garage portion of the resi-
dence is visually dominant;
2. The facade with the garage vehicle entrance
is recessed at least four feet behind the
facade of the dwelling containing the main
entry; and/or
3. The area of the garage vehicle door com-
prises 20 percent or less of the total square
footage, exclusive of any exposed roof
areas, of the principal facade of the dwell-
ing.
B. Alternative means of addressing the intent of
this section will be considered. Detached garages
are encouraged. Vehicular garage access on
nonprincipal facades and/or alleys is also encour-
aged.
(Ord. No. 1645, § 18.24.070, 8-15-2005; Ord. No.
1693, § 8(18.24.070), 2-20-2007; Ord. No. 1709,
§ 6(18.24.070), 7-16-2007)
Sec. 38.14.080. Special standards and require-
ments.
A. The requirements for landscape buffering for
residential adjacency required by article 26 of this
chapter are not applicable in the northeast HMU.
B. All necessary screening or other buffering
that is determined to be necessary between adjoin-
ing uses shall be the responsibility of the use that is
established last in time.
C. When a lot is adjacent to or across the street
from a residential zoning district, the yard require-
ments shall be the same as the adjoining zone and
buildings shall be screened with either a decorative
fence or plantings. The provisions of R-S shall be
interpreted as those of R-1.
(Ord. No. 1645, § 18.24.080, 8-15-2005; Ord. No.
1693, § 8(18.24.080), 2-20-2007; Ord. No. 1709,
§ 6(18.24.080), 7-16-2007)
ARTICLE 15. REQUIREMENTS FOR
CREATION OF A HISTORIC MIXED-USE
DISTRICT
Sec. 38.15.010. Description and purpose.
Due to historical development patterns, certain
areas of the city are characterized by a mixture of
uses such as residential and commercial uses, or
residential and industrial uses, which are normally
segregated under standard zoning districts. In some
instances, provisions for a continuation of a mixture
of uses will serve both the public interest and allow
§ 38.15.010UNIFIED DEVELOPMENT CODE
CD38:83PROOFS
a more equitable balancing of private interests than
would the utilization of a standard zoning district.
Because of the variety of circumstances which exist
in different areas of the city, and the different
treatment accorded those areas in the growth policy,
it is not possible to establish a zoning district with
uniform listing of uses and standards which is
applicable to all such areas. Therefore, the historic
mixed-use (HMU) district is intended to provide
procedures and criteria for recognition of such areas
and for the development of standards governing
each application of the district to a particular area.
It is further intended that the HMU district will be
very selectively used and shall not be used as a
mechanism to discourage development of any per-
mitted use within the district.
(Ord. No. 1645, § 18.26.010, 8-15-2005)
Sec. 38.15.020. Criteria for establishment of the
historic mixed-use district.
A. Before any area is designated as a HMU
district, the city commission shall make affirmative
findings that:
1. The area to be classified as a HMU district
includes the approximate equivalent of at
least one standard city block of 300 feet by
300 feet, not held in single ownership
unless developed over time while held in
multiple ownership;
2. A special study of the area has been com-
pleted showing how the proposed historic
mixed-use district would be integrated with
the surrounding area consistent with the
objectives of the growth policy and other
applicable policies adopted by the city;
3. At least 50 percent of the lots to be classi-
fied as an historic mixed-use district are
already developed with structures;
4. The existing development has occurred over
a period of years and is characterized by a
mixture of uses not permissible under a
single zoning classification and includes a
representative sampling of uses in the im-
mediate area;
5. None of the standard zoning districts are
capable of, or suitable for, promoting the
objectives of the growth policy applicable
to preexisting nonconforming uses;
6. The uses to be permitted within the HMU
district will be compatible with one another
and will provide a functional and healthful
environment; and
7. The uses to be permitted and the develop-
ment standards to be applied in the pro-
posed district will promote the objectives of
the growth policy and other applicable
policies adopted by the city.
(Ord. No. 1645, § 18.26.020, 8-15-2005)
Sec. 38.15.030. Historic mixed-use district ele-
ments.
A. Because the HMU district is designed to be
applied to diverse situations, the specific mixture of
uses permitted and the development standards re-
quired will have to be specified for each application
of the district to a particular area. Therefore, the
ordinance applying the HMU district to a specific
area shall contain the following elements:
1. A description and purpose section setting
forth the specific purposes the district is
intended to accomplish in the particular
situation;
2. A use section setting forth the activities or
categories of activities to be permitted, or
the performance standards to be used in
evaluating specific activities. This section
shall govern the uses within a particular
HMU district; and
3. A standards section setting forth general
development standards governing parking,
lot coverage, setbacks, height limitations
and other factors which are either different
from or supplemental to the normal stan-
dards of this chapter.
B. Exemption. When an area has been classified
as an HMU district, the general building and
development standards set forth in this chapter shall
§ 38.15.010 BOZEMAN MUNICIPAL CODE
CD38:84PROOFS
govern. However, if the special development stan-
dards set forth under subsection C of this section are
more restrictive than the general development stan-
dards, the special development standards set forth
under subsection C of this section shall prevail.
(Ord. No. 1645, § 18.26.030, 8-15-2005)
Sec. 38.15.040. Initiation, procedures and no-
tice.
Application for HMU district designation shall
be administered under the provisions established in
articles 36 and 37, TextAmendments and Zone Map
Amendments, of this chapter.
(Ord. No. 1645, § 18.26.040, 8-15-2005)
ARTICLE 16. NEIGHBORHOOD
CONSERVATION OVERLAY DISTRICT
Sec. 38.16.010. Intent and purpose.
A. All new construction, alterations to existing
structures, movement of structures into or out of the
neighborhood conservation overlay district, herein-
after referred to as the conservation district, or
demolition of structures by any means or process
will be subject to design review. The recommenda-
tions of the design review board or administrative
design review staff shall be given careful consider-
ation in the final action of the planning director or
city commission.
B. This article defines and sets forth standards
which apply to the conservation district.
C. The intent and purpose of the conservation
district designation is to stimulate the restoration
and rehabilitation of structures, and all other ele-
ments contributing to the character and fabric of
established residential neighborhoods and commer-
cial or industrial areas. New construction will be
invited and encouraged provided primary emphasis
is given to the preservation of existing buildings
and further provided the design of such new space
enhances and contributes to the aesthetic character
and function of the property and the surrounding
neighborhood or area. Contemporary design will be
encouraged, provided it is in keeping with the
above-stated criteria, as an acknowledged fact of
the continuing developmental pattern of a dynamic,
changing community. The neighboring community
shall be provided notice and opportunity to com-
ment upon the proposed property improvements in
accordance with article 40 of this chapter. In addi-
tion, aggrieved persons shall have the right to
appeal any design review decision made under the
provisions of this article, in accordance with article
35 of this chapter.
D. In view of the fact that most of the area
included within the boundaries of the conservation
district was developed and built out prior to the
adoption of zoning and contemporary subdivision
regulations, the construction, development pattern
and range of uses is highly diverse and may not be
in compliance with conventional regulatory require-
ments. This article recognizes that this diversity is a
major contributing element of the historic character
of these neighborhoods or areas. The provisions of
this article shall be applied in a manner that will
encourage the protection and enhancement of the
many diverse features for future generations.
E. The conservation district boundary is largely
coterminous with the area surveyed in the effort that
led to the listing of nine historic districts and 40
additional landmark structures in the National Reg-
ister of Historic Places, and includes the nine
designated historic districts and 40 individual land-
marks. This article sets forth the means of protect-
ing and enhancing the conservation district.
F. It is further the purpose of the conservation
district designation to protect and enhance neigh-
borhoods or areas of significant land planning or
architectural character, historic landmarks or other
built or natural features for the educational, cultural,
economic benefit or enjoyment of citizens of the
city. It will be the policy and responsibility of the
administrative entities of this article to:
1. Protect,preserve,enhanceandregulatestruc-
tures, archaeological or cultural sites, and
areas that:
a. Are reminders of past eras, events or
persons important in local, state or
national history;
§ 38.16.010UNIFIED DEVELOPMENT CODE
CD38:85PROOFS
b. Provide significant examples of land
planning or architectural styles, or are
landmarks in the history of land plan-
ning and architecture;
c. Are unique or irreplaceable assets to
the city and its neighborhoods;
d. Provideexamplesofphysicalsurround-
ings in which past generations lived;
or
e. Represent and express the unique char-
acteristics of small agricultural-based,
western city developmental patterns;
2. Enhance property values through the stabi-
lization of neighborhoods and areas of the
city, increase economic and financial ben-
efits to the city and its inhabitants, and
promote tourist trade and interests;
3. Develop and maintain the appropriate envi-
ronment for buildings, structures, sites and
areas, that reflect varied planning and ar-
chitectural styles and distinguished phases
of the city's history and prehistory;
4. Stimulate an enhancement of human life by
developing educational and cultural dimen-
sions, which foster the knowledge of the
city's heritage, and cultivate civic pride in
the accomplishments of the past;
5. Seek to maintain and enhance the many
private and public elements that are unique
to the fabric, theme and character of each
neighborhood and area, including, but not
limited to, lighting, pathways, street trees,
natural areas and other features that may,
from time to time, be identified by the
citizens and property owners of neighbor-
hoods, areas and subsections thereof; and
6. Provide the neighboring community with
notice and opportunity to comment upon
the proposed property improvements in ac-
cordance with article 40 of this chapter,
with the exception of certain sketch plan
applications with potentially little neighbor-
hood impact, and to further provide ag-
grieved persons with the right to appeal
review decisions made under the provisions
of this article, in accordance with article 35
of this chapter.
(Ord. No. 1645, § 18.28.010, 8-15-2005; Ord. No.
1693, § 9(18.28.010), 2-20-2007; Ord. No. 1709,
§ 7(18.28.010), 7-16-2007; Ord. No. 1761, exh.
D(18.28.010), 7-6-2009)
Sec. 38.16.020. Design review board and admin-
istrative design review staff pow-
ers and duties within conserva-
tion districts.
A. It is intended that the design review board
and administrative design review staff will review
and make recommendations to the city commission
or planning director regarding development within
the neighborhood conservation district in order to
maintain the underlying and desirable characteris-
tics of structures and areas within such districts,
while recognizing the need for innovation and
individual expression in the development of these
districts.
B. In carrying out this mission, in addition to the
duties established in article 33 of this chapter, the
design review board and administrative design re-
view staff shall have the duty to review any tax
abatement or other incentive programs being con-
sidered by the city commission that are designed to
stimulate preservation and rehabilitation of struc-
tures and properties, and to review any proposed
action or development utilizing these abatement or
incentive programs.
(Ord. No. 1645, § 18.28.020, 8-15-2005; Ord. No.
1693, § 9(18.28.020), 2-20-2007; Ord. No. 1709,
§ 7(18.28.020), 7-16-2007; Ord. No. 1761, exh.
D(18.28.020), 7-6-2009)
Sec. 38.16.030. Conservation district designa-
tion or recision.
A site, structure, object, area or district may be
designated or rescinded as a landmark, or added to
or removed from the conservation district by the
city commission upon recommendation of the His-
toric Preservation Advisory Board subject to the
§ 38.16.010 BOZEMAN MUNICIPAL CODE
CD38:86PROOFS
provisions of division 6, Historic Preservation Ad-
visory Board of article 5, chapter 2, andarticles 36
and 37, TextAmendments and Zoning MapAmend-
ments, of this chapter. Property owner concurrence
is necessary for the designation or recision of
landmark status.
(Ord. No. 1645, § 18.28.030, 8-15-2005; Ord. No.
1693, § 9(18.28.030), 2-20-2007; Ord. No. 1709,
§ 7(18.28.030), 7-16-2007; Ord. No. 1761, exh.
D(18.28.030), 7-6-2009)
Sec. 38.16.040. Certificate of appropriateness.
A. Acertificate of appropriateness, received from
either the planning director, the city commission, or
the board of adjustment, and after recommendation
by the administrative design review staff or design
review board, shall be required before any and all
alteration other than repair as defined in article 42
of this chapter, are undertaken upon any structure in
the conservation district. For alterations not requir-
ing city commission approval, compliance with the
planning director's decisions will be mandatory
subject to appeal to the city commission as set forth
in article 35 of this chapter. The state historical and
architectural inventory form shall be reviewed and,
if necessary, updated by the historic preservation
staff to reflect current conditions on the site, prior to
the review of the proposal. Application procedures
are as follows:
1. No building, demolition, conditional use,
sign or moving permit shall be issued
within the conservation district until a cer-
tificate of appropriateness has been issued
by the appropriate review authority, and
until final action on the proposal has been
taken.
2. Application, review and public notice pro-
cedures for proposals located within the
conservation district are set forth in articles
19, Review Procedures for Site Develop-
ment, 33, Development Review Commit-
tee, Design Review Board, Administrative
Design Review andWetlands Review Board
and article 40, Noticing, of this chapter. If
the demolition or movement of structures
or sites subject to the conservation district
requirements is proposed, the procedures in
section 38.16.080 shall apply.
3. A denial of a certificate of appropriateness
shall be accompanied by a written state-
ment of reasons for the denial.
4. Thearchitecturaldesignsofindividualwork-
force housing units used to satisfy the
requirements of section 10.08.020 and meet-
ingtherequirementsofsection10.08.070.1.m
are exempt from the review requirements of
this article. This exemption does not extend
to removal or alterations of existing struc-
tures.
(Ord. No. 1645, § 18.28.040, 8-15-2005; Ord. No.
1693, § 9(18.28.040), 2-20-2007; Ord. No. 1709,
§ 7(18.28.040), 7-16-2007; Ord. No. 1761, exh.
D(18.28.040), 7-6-2009)
Sec. 38.16.050. Standards for certificates of ap-
propriateness.
A. All work performed in completion of an
approved certificate of appropriateness shall be in
conformance with the most recent edition of the
Secretary of Interior's Standards for the Treatment
of Historic Properties with Guidelines for Preserv-
ing, Rehabilitating, Restoring and Reconstructing
Historic Buildings (published 1995), published by
U.S. Department of the Interior, National Park
Service, Cultural Resource Stewardship and Part-
nerships, Heritage Preservation Services, Washing-
ton, D.C. (available for review at the planning
department).
B. Architectural appearance design guidelines
used to consider the appropriateness and compati-
bility of proposed alterations with original design
features of subject structures, or properties and with
neighboring structures and properties, shall focus
upon the following:
1. Height;
2. Proportions of doors and windows;
3. Relationship of building masses and spaces;
4. Roof shape;
§ 38.16.050UNIFIED DEVELOPMENT CODE
CD38:87PROOFS
5. Scale;
6. Directional expression, with regard to the
dominant horizontal or vertical expression
of surrounding structures;
7. Architectural details;
8. Concealment of nonperiod appurtenances,
such as mechanical equipment; and
9. Materials and color schemes (any require-
ments or conditions imposed regarding color
schemes shall be limited to the prevention
of nuisances upon abutting properties and
prevention of degradation of features on the
property in question. Color schemes may be
considered as primary design elements if a
deviation from the underlying zoning is
requested).
C. Contemporary, nonperiod and innovative de-
sign of new structures and additions to existing
structures shall be encouraged when such new
construction or additions do not destroy significant
historical, cultural or architectural structures or their
components and when such design is compatible
with the foregoing elements of the structure and
surrounding structures.
D. When applying the standards of subsections
A through C of this section, the review authority
shall be guided by the design guidelines for the
neighborhood conservation overlay district which
are hereby incorporated by this reference. Applica-
tion of the design guidelines may vary by property
as explained in the introduction to the design
guidelines. When reviewing a contemporary, non-
period, or innovative design of new structures or
addition to existing structure, the review authority
shall be guided by the design guidelines for the
neighborhood conservation overlay district to deter-
mine whether the proposal is compatible with any
existing or surrounding structures.
E. Conformance with other applicable develop-
ment standards of this chapter.
F. Tax abatement certificate of appropriateness
applications are also reviewed with the procedures
and standards established in chapter 2, article 6,
division 2.
(Ord. No. 1645, § 18.28.050, 8-15-2005; Ord. No.
1660, § 1, 2-6-2006; Ord. No. 1693, § 9(18.28.050),
2-20-2007; Ord. No. 1709, § 7(18.28.050), 7-16-
2007; Ord. No. 1761, exh. D(18.28.050), 7-6-2009)
Sec. 38.16.060. Applicationrequirementsforcer-
tificates of appropriateness in
conservation districts.
Applications for certificates of appropriateness
shall be made in conjunction with applications for
site plan approval in accordance with article 19 of
this chapter. Where development projects in the
conservation district require only sketch plan re-
view as per article 19 of this chapter (i.e., single-
household,two-household,three-householdandfour-
household residential structures, each on individual
lots; signs; fences; property alterations; and certain
amendments to site plans), applications for certifi-
cates of appropriateness shall be made on a form
provided by the planning department, and shall
include the information and material as set forth in
article 41 of this chapter.
(Ord. No. 1645, § 18.28.060, 8-15-2005; Ord. No.
1693, § 9(18.28.060), 2-20-2007; Ord. No. 1709,
§ 7(18.28.060), 7-16-2007; Ord. No. 1761, exh.
D(18.28.060), 7-6-2009)
Sec. 38.16.070. Deviations from underlying zon-
ing requirements.
A. Because the development of much of historic
Bozeman preceded zoning, subdivision and con-
struction regulations, many buildings within the
conservation district do not conform to contempo-
rary zoning standards. In order to encourage resto-
ration and rehabilitation activity that would contrib-
ute to the overall historic character of the community,
deviations from underlying zoning requirements
may be granted by the city commission after con-
sidering the recommendations of the design review
§ 38.16.050 BOZEMAN MUNICIPAL CODE
CD38:88PROOFS
board or administrative design review staff. The
criteria for granting deviations from the underlying
zoning requirements are:
1. Modifications shall be more historically
appropriate for the building and site in
question and the adjacent properties, as
determined by the standards in section
38.16.050, than would be achieved under a
literal enforcement of this chapter;
2. Modifications will have minimal adverse
effect on abutting properties or the autho-
rized uses thereof; and
3. Modifications shall ensure the protection of
the public health, safety and general wel-
fare. Approvals may be conditioned to en-
sure such protection, and such conditions
may include a time period within which
alterations will be completed; landscaping
and maintenance thereof; architectural, site
plan and landscape design modifications; or
any other conditions in conformity with the
intent and purpose set forth in this article.
(Ord. No. 1645, § 18.28.070, 8-15-2005; Ord. No.
1693, § 9(18.28.070), 2-20-2007; Ord. No. 1709,
§ 7(18.28.070), 7-16-2007; Ord. No. 1761, exh.
D(18.28.070), 7-6-2009)
Sec. 38.16.080. Demolitionormovementofstruc-
tures or sites within the conser-
vation district.
A. The demolition or movement of any structure
or site within the conservation district shall be
subject to the provisions of this article and section.
The review procedures and criteria for the demoli-
tion or movement of any structure or site within the
conservation district are as follows:
1. Applications for the demolition or move-
ment of structures within the conservation
district will not be accepted without a
complete submittal for the subsequent de-
velopment or treatment of the site after the
demolition or movement has occurred. The
subsequent development or treatment must
be approved before a demolition or moving
permit may be issued.
2. The demolition or movement of conserva-
tion district principal and accessory struc-
tures or sites, which are designated as
intrusive or neutral elements by the state
historical and architectural inventory, and
are not within recognized historic districts
or in other ways listed on the National
Register of Historic Places, shall be subject
to approval by the planning director after
review and recommendation of administra-
tive design review staff or design review
board as per articles 19 and 33 of this
chapter, and the standards outlined in sec-
tion 38.16.050. The state historical and
architectural inventory form shall be re-
viewed and, if necessary, updated by the
historic preservation staff to reflect current
conditions on the site, prior to the review of
the demolition or movement proposal. The
final approval authority for the demolition
or movement of structures or sites de-
scribed within this section shall rest with
the city commission when proposed in
conjunction with a deviation, variance, con-
ditional use permit or planned unit devel-
opment application.
3. The demolition or movement of conserva-
tion district principal and accessory struc-
tures or sites, which are designated as
contributing elements by the state historical
and architectural inventory, and all proper-
ties within historic districts and all land-
marks, shall be subject to approval by the
city commission, through a public hearing.
Notice of the public hearing before the city
commission shall be provided in accor-
dance with article 40 of this chapter. Prior
to holding the public hearing, the city
commission shall receive a recommenda-
tion from administrative design review staff
and the design review board. The state
historical and architectural inventory form
§ 38.16.080UNIFIED DEVELOPMENT CODE
CD38:89PROOFS
shall be reviewed and, if necessary, updated
by the historic preservation staff to reflect
current conditions on the site, prior to the
review of the demolition or movement
proposal. The final approval authority for
the demolition or movement of structures
or sites described within this section shall
rest with the city commission. The city
commission shall base its decision on the
following:
a. The standards in section 38.16.050
and the architectural, social, cultural
and historical importance of the struc-
ture or site and their relationship to
the district as determined by the state
historic preservation office and the
planning department.
b. If the commission finds that the crite-
ria of this section are not satisfied,
then, before approving an application
to demolish or remove, the commis-
sion must find that at least one of the
following factors apply based on de-
finitive evidence supplied by the ap-
plicant, including structural analysis
and cost estimates indicating the costs
of repair and/or rehabilitation versus
the costs of demolition and redevel-
opment:
(1) The structure or site is a threat to
public health or safety, and that
no reasonable repairs or altera-
tions will remove such threat;
any costs associated with the
removalofhealthorsafetythreats
must exceed the value of the
structure.
(2) The structure or site has no via-
ble economic or useful life re-
maining.
4. If an application for demolition or moving
is denied, issuance of a demolition or mov-
ing permit shall be stayed for a period of
two years from the date of the final decision
in order to allow the applicant and city to
explore alternatives to the demolition or
move, including, but not limited to, the use
of tax credits or adaptive reuse. The two-
year stay may be terminated at any point in
time if an alternate proposal is approved or
if sufficient additional evidence is pre-
sented to otherwise satisfy the requirements
of subsection 2 or 3 of this section.
5. All structures or sites approved for demo-
lition or moving shall be fully documented
in a manner acceptable to the historic pres-
ervation planner and administrative design
review staff prior to the issuance of demo-
lition or moving permits.
6. In addition to the remedies in article 34 of
this chapter, the owner of any structure or
site that is demolished or moved contrary to
the provisions of this section, and any
contractor performing such work, may be
required to reconstruct such structure or site
in a design and manner identical to its
condition prior to such illegal demolition or
move, and in conformance with all appli-
cable codes and regulations.
(Ord. No. 1645, § 18.28.080, 8-15-2005; Ord. No.
1693, § 9(18.28.080), 2-20-2007; Ord. No. 1709,
§ 7(18.28.080), 7-16-2007; Ord. No. 1761, exh.
D(18.28.080), 7-6-2009)
Sec. 38.16.090. Appeals.
Aggrieved persons, as defined in article 42 of
this chapter, may appeal the decision of the plan-
ning director, board of adjustment, or city commis-
sion pursuant to the provisions of article 35 of this
chapter, and title 76, ch. 2, part 3, Montana Code
Annotated (MCA 76-2-301 et seq.). In such event,
the issuance of a certificate shall be stayed until the
appeal process has been satisfied.
(Ord. No. 1645, § 18.28.090, 8-15-2005; Ord. No.
1693, § 9(18.28.090), 2-20-2007; Ord. No. 1709,
§ 7(18.28.090), 7-16-2007; Ord. No. 1761, exh.
D(18.28.090), 7-6-2009)
§ 38.16.080 BOZEMAN MUNICIPAL CODE
CD38:90PROOFS
ARTICLE 17. BOZEMAN ENTRYWAY
CORRIDOR OVERLAY DISTRICT
Sec. 38.17.010. Title.
These regulations shall be known as the city
entryway corridor overlay district regulations and
may be cited as the entryway corridor regulations.
(Ord. No. 1645, § 18.30.010, 8-15-2005; Ord. No.
1709, § 8(18.30.010), 7-16-2007; Ord. No. 1769,
exh. F(18.30.010), 12-28-2009)
Sec. 38.17.020. Intent and purpose.
A. There are several arterial corridors entering
the city that introduce visitors and residents alike to
the city. The visual attributes of these roadways
provide a lasting impression of the character of the
city. It is the intent and purpose of this article to
ensure that the quality of development along these
corridors will enhance the impression and enjoy-
ment of the community by guiding development
and change, and by stimulating and assisting, in
conjunction with other provisions of this chapter,
improvements in signage, landscaping, access and
other contributing elements of entry corridor ap-
pearance and function.
B. It is the intent of this article to establish
design criteria, standards and review procedures
that will allow the city and its advisory boards and
agencies to review and direct, in a fair and equitable
manner, the development and redevelopment of
future and existing properties and facilities within
the entry corridors. The recommendations of the
design review board or administrative design re-
view staff shall be given careful consideration in the
final action of the planning director, board of
adjustment, or the city commission.
(Ord. No. 1645, § 18.30.020, 8-15-2005; Ord. No.
1709, § 8(18.30.020), 7-16-2007; Ord. No. 1769,
exh. F(18.30.020), 12-28-2009)
Sec. 38.17.030. Application of entryway corri-
dor provisions.
A. Entryway corridors shall be designated on the
city's official zoning map. The provisions of this
article shall be applied in addition to any other
applicable regulations of this chapter. Specifically,
these provisions shall be applied to all develop-
ments within such corridors as follows:
1.Class I.All development wholly or partially
within 660 feet of the centerline of the
following roadways:
a. Interstate 90, within or adjacent to the
city boundaries, measured from the
centerline of the outside lanes of the
opposing roadways and from the
centerline of the access ramps;
b. Interstate 90 frontage roads, within
the city boundaries, whether or not
they are designated frontage roads;
c. U.S. 10, from the Interstate 90/North
Seventh Avenue interchange west to
the city boundaries;
d. U.S. 191, west from Ferguson Road to
the city boundaries;
e. NineteenthAvenue,northfromDurston
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
f. Oak Street, west from North Seventh
Avenue to North Nineteenth Avenue.
2.Class II.All development wholly or par-
tially within the lesser of one city block or
330 feet of the centerline of the following
roadways, with the exception of residen-
tially zoned lots (no exception for R-O
district) that have no frontage upon said
roadways:
a. Seventh Avenue, south from the Inter-
state 90 interchange to Main Street;
b. NineteenthAvenue,southfromDurston
Road to the city boundary, and the
east side of Nineteenth Avenue, be-
tween the south boundary of Covered
WagonMobileHomeParkandDurston
Road;
§ 38.17.030UNIFIED DEVELOPMENT CODE
CD38:91PROOFS
c. Main Street, cast from Broadway to
Interstate 90;
d. Main Street, west from Seventh Ave-
nue to Ferguson Road;
e. Rouse Avenue and State Primary 86
(Bridger Canyon Road) from Tama-
rack north and cast to the city bound-
ary;
f. Oak Street, west from Nineteenth Av-
enue to the east edge of Rose Park;
and
g. Oak Street, east from Seventh Avenue
to Rouse Avenue.
(Ord. No. 1645, § 18.30.030, 8-15-2005; Ord. No.
1709, § 8(18.30.030), 7-16-2007; Ord. No. 1769,
exh. F(18.30.030), 12-28-2009)
Sec. 38.17.040. Design review board and admin-
istrative design review staff pow-
ers and duties within entryway
corridors.
The design review board and administrative
design review staff shall have the duties and powers
established by article 33 of this chapter, within
entryway corridors.
(Ord. No. 1645, § 18.30.040, 8-15-2005; Ord. No.
1709, § 8(18.30.040), 7-16-2007; Ord. No. 1769,
exh. F(18.30.040), 12-28-2009)
Sec. 38.17.050. Certificate of appropriateness.
A. Acertificate of appropriateness received from
the reviewing authority after recommendation by
the administrative design review staff or design
review board, shall be required before any and all
alterations other than repair as defined in article 42
of this chapter, are undertaken upon any structure in
the entryway corridor. For alterations not requiring
city commission approval, compliance with the
planning director's decisions will be mandatory
subject to appeal to the city commission as set forth
in article 35 of this chapter. Application procedures
are as follows:
1. No building, demolition, sign, conditional
use permit or moving permit shall be issued
within an entryway corridor until a certifi-
cate of appropriateness has been issued by
the appropriate review authority and until
final action on the proposal has been taken.
2. Application, review and public notice pro-
cedures for proposals located within entry-
way corridors are set forth in articles 19,
Review Procedures for Site Development;
33, Development Review Committee, De-
sign Review Board, Administrative Design
Review Staff and Wetlands Review Board;
and 40, Noticing, of this chapter.
3. A denial of a certificate shall be accompa-
nied by a written statement of reasons for
the denial.
(Ord. No. 1645, § 18.30.050, 8-15-2005; Ord. No.
1709, § 8(18.30.050), 7-16-2007; Ord. No. 1769,
exh. F(18.30.050), 12-28-2009)
Sec. 38.17.060. Design criteria and development
standards in entryway corri-
dors.
A. In addition to the standards of article 19 of
this chapter, the following general design criteria
and development standards shall apply to all devel-
opment occurring within the areas described in
section 38.17.030:
1. The proposed development shall also com-
ply with all applicable design standards and
guidelines, including the design objectives
plan for entryway corridors.
2. Setback, parking, building and landscape
standards.
a. The setback from any entryway corri-
dor 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 surround-
ing and within parking areas, or other
means in order to preserve the area's
natural views.
b. In addition to the qualitative design
standards and guidelines in the design
§ 38.17.030 BOZEMAN MUNICIPAL CODE
CD38:92PROOFS
objectives plan for entryway corri-
dors, parking areas and buildings shall:
(1) Be set back at least 50 feet from
any Class I entryway corridor
roadway right-of-way; or
(2) Be set back at least 25 feet from
any Class II entryway corridor
roadway right-of-way.
(Ord. No. 1645, § 18.30.060, 8-15-2005; Ord. No.
1709, § 8(18.30.060), 7-16-2007; Ord. No. 1769,
exh. F(18.30.060), 12-28-2009)
Sec. 38.17.070. Applicationrequirementsforcer-
tificates of appropriateness in
entryway corridor.
A. Applications for certificates of appropriate-
ness shall be made in conjunction with applications
for site plan approval, in accordance with article 19
of this chapter.
B. Where development projects in the entryway
corridor require only sketch plan review as per
article 19 of this chapter (e.g., single-household,
two-household, three-household and four-house-
hold residential structures, each on individual lots;
signs;fences;propertyalterations;andcertainamend-
ments to site plans), applications for certificates of
appropriateness shall be made in conjunction with
an application for sketch plan review on a form
provided by the planning department, and shall
include the information and material as set forth in
article 41 of this chapter.
C. The architectural designs of individual work-
force housing units used to satisfy the requirements
of section 10.08.020 and meeting the requirements
of section 10.08.070.1.m are exempt from the
review requirements of this article. This exemption
does not extend to removal or alterations of existing
structures.
(Ord. No. 1645, § 18.30.070, 8-15-2005; Ord. No.
1709, § 8(18.30.070), 7-16-2007; Ord. No. 1769,
exh. F(18.30.070), 12-28-2009)
Sec. 38.17.080. Deviation from overlay orunder-
lying zoning requirements.
A. To accomplish the intent and purpose of this
article it may be necessary to deviate from the strict
application of the overlay or underlying zoning
requirements. Deviations from the underlying zon-
ing requirements may be granted by the city com-
mission after considering the recommendations of
the design review board or administrative design
review staff.
B. The application for deviation shall be subject
to the submittal and procedural requirements of
articles 19 and 41 of this chapter. The application
shall be accompanied by written and graphic mate-
rial sufficient to illustrate the initial and final
conditions that the modified standards will produce.
The city commission or board of adjustment shall
make a determination that the deviation will pro-
duce an environment, landscape quality and char-
acter superior to that produced by the existing
standards, and which will be consistent with the
intent and purpose of this article, and with the
adopted design objectives plan for the particular
entryway corridor. Upon such a finding, the city
commission or board of adjustment may authorize
deviations of up to 20 percent beyond or below
minimum or maximum standards respectively, as
established in the underlying zoning district regu-
lations. If the city commission or board of adjust-
ment does not find that the proposed modified
standards create an environment, landscape quality
and character superior to that produced by the
existing standards, and which will be consistent
with the intent and purpose of this article, and with
the adopted design objectives plan for the particular
entryway corridor, no deviation shall be granted.
(Ord. No. 1645, § 18.30.080, 8-15-2005; Ord. No.
1709, § 8(18.30.080), 7-16-2007; Ord. No. 1769,
exh. F(18.30.080), 12-28-2009)
Sec. 38.17.090. Appeals.
Aggrieved persons, as defined in article 42 of
this chapter, may appeal the decision of the plan-
ning director, board of adjustment or city commis-
sion pursuant to the provision of article 35 of this
chapter. In such event, the issuance of a certificate
shall be stayed until the appeal process has been
completed.
(Ord. No. 1645, § 18.30.090, 8-15-2005; Ord. No.
1709, § 8(18.30.090), 7-16-2007; Ord. No. 1769,
exh. F(18.30.090), 12-28-2009)
§ 38.17.090UNIFIED DEVELOPMENT CODE
CD38:93PROOFS
ARTICLE 18. CASINO OVERLAY
DISTRICT
Sec. 38.18.010. Intent.
The intent of the casino overlay district is to
provide suitable locations for casinos, as defined in
this chapter, based on review for impacts to neigh-
boring uses and to minimize adverse effects on the
community in the best interests of the public health,
safety and general welfare.
(Ord. No. 1645, § 18.32.010, 8-15-2005)
Sec. 38.18.020. Application for zoning designa-
tion.
Any person wishing to establish a casino must
make application as per article 37 of this chapter,
Zoning Map Amendments, for a casino overlay
district.
(Ord. No. 1645, § 18.32.020, 8-15-2005)
Sec. 38.18.030. Authorized uses.
A. Authorized uses in the casino overlay district
are as follows:
1.Principal uses.
a. All principal uses permitted in the
M-1 district if the underlying zoning
is M-1.
b. All principal uses permitted in the
M-2 district if the underlying zoning
is M-2.
2.Conditional uses.
a. Casinos.
b. All conditional uses permitted in the
M-1 district if the underlying zoning
is M-1.
c. All conditional uses permitted in the
M-2 district if the underlying zoning
is M-2.
3.Accessory uses.
a. All accessory uses permitted in the
M-1 district if the underlying zoning
is M-1.
b. All accessory uses permitted in the
M-2 district if the underlying zoning
is M-2.
(Ord. No. 1645, § 18.32.030, 8-15-2005)
Sec. 38.18.040. Restrictions.
A. Casino overlay districts shall be permissible
zoning only in areas zoned M-1 light manufacturing
district, or M-2 manufacturing and industrial dis-
trict.
B. Casino overlay districts shall not be located
within an entryway corridor overlay district except
for the Interstate 90 entryway overlay corridor.
Casino overlay districts shall not be located in areas
where the Interstate 90 entryway corridor overlaps
other entryway corridor overlay districts.
C. Casino overlay district lots shall not be lo-
cated within 600 feet, in any direction, of lots used
for schools, churches, residences, public parks or
other casinos.
D. Sale for on-premises consumption of beer,
wine and liquor is permissible only for casino and
restaurant establishments.
E. Casinos granted approval for sales for on-
premises consumption of alcohol may not also sell
automotive fuels.
(Ord. No. 1645, § 18.32.040, 8-15-2005)
Sec. 38.18.050. Lot area and width.
There shall be no minimum lot area, however no
lot width shall be less than 100 feet and the lot area
shall be sufficient to provide all required yard areas
and off-street parking.
(Ord. No. 1645, § 18.32.050, 8-15-2005)
Sec. 38.18.060. Lot coverage.
The entire lot, exclusive of required yards, land-
scaping and parking may be occupied by the prin-
cipal and accessory buildings.
(Ord. No. 1645, § 18.32.060, 8-15-2005)
§ 38.18.010 BOZEMAN MUNICIPAL CODE
CD38:94PROOFS
Sec. 38.18.070. Yards.
A. Every lot within a casino overlay district
shall have the following minimum yards:
1. Front yard: 25 feet.
2. Rear yard: ten feet.
3. Side yards: eight feet each side.
Note—(All yards shall be subject to the provisions of
sections 38.16.060, 38.22.100 and 38.23.100, when ap-
plicable.)
(Ord. No. 1645, § 18.32.070, 8-15-2005)
Sec. 38.18.080. Building height.
A. Maximum building height in a casino overlay
district shall be:
1. Roof pitches of less than 3:12: 32 feet.
2. Roof pitches of 3:12 or greater: 38 feet.
(Ord. No. 1645, § 18.32.080, 8-15-2005)
ARTICLE 19. SITE PLAN REVIEW*
Sec. 38.19.010. Introduction.
A. All non-subdivision development proposals
within the city will be subject to plan review and
approval. Depending on the complexity of develop-
ment and status of proposed use in the applicable
zoning district, either sketch plans, site plans or
conditional use permits will be required as specified
in this article.
B. Special development proposals (e.g., PUDs,
CUPs, variances, etc.) require other information to
be submitted in conjunction with sketch plans or
site plans and are subject to requirements specific to
the type of proposal. These additional submittal
requirements and review procedures are outlined in
section 38.19.030.
C. When a development is proposed within a
neighborhood conservation or entryway corridor
overlay district, or proposes signs which do not
specifically conform to the requirements of this
chapter, design review is required in conjunction
with either sketch plan or site plan review. In such
cases, additional submittal requirements and review
procedures apply as outlined in section 38.41.090.
D. Conditional uses. Certain uses, while gener-
ally not suitable in a particular zoning district, may,
under certain circumstances, be acceptable. When
such circumstances can be demonstrated by the
applicant to exist, a conditional use permit may be
granted by the board of adjustment or city commis-
sion. Conditions may be applied to the issuance of
the permit and periodic review may be required. No
conditional use permit shall be granted for a use
which is not specifically designated as a conditional
use in this chapter.
E. Approval shall be granted for a particular use
and not for a particular person or firm.
F. This article is provided to meet the purposes
of section 38.01.040 and all other relevant portions
of this chapter.
G. Applications subject to this article shall be
reviewed under the authority established by article
34 of this chapter.
(Ord. No. 1645, § 18.34.010, 8-15-2005; Ord. No.
1670, § 18.34.010, 8-28-2006; Ord. No. 1693,
§ 10(18.34.010), 2-20-2007; Ord. No. 1709,
§ 9(18.34.010), 7-16-2007; Ord. No. 1761, exh.
E(18.34.010), 7-6-2009)
Sec. 38.19.020. Classification of site plans.
A. All developments, as defined in article 42 of
this chapter, within the city shall be subject to site
plan review procedures and criteria of this article
and the applicable submittal requirements of article
41 of this chapter. For the purposes of this chapter,
site plans will be classified as either a master site
plan or a site plan.
1. Exception. Those developments specified
in section 38.19.050 and other development
proposals when so specifically identified
require only sketch plan review.
*State law reference—Property development review,
MCA 7-21-1001 et seq.
§ 38.19.020UNIFIED DEVELOPMENT CODE
CD38:95PROOFS
B. A master site plan is a generalized develop-
ment plan that establishes building envelopes and
overall entitlements for complex, large-scale proj-
ects that will require multiple years to reach com-
pletion. Use of a master site plan is an option and
not required. A master site plan involves one or
more of the following:
1. 100 or more dwelling units in a multiple
household structure or structures;
2. 50,000 or more square feet of office space,
retail commercial space, service commer-
cial space or industrial space;
3. Multiple buildings located on multiple con-
tiguous lots and/or contiguous city blocks;
4. Multiple owners;
5. Development phasing projected to extend
beyond two years; or
6. Parking for more than 200 vehicles.
C. Any planned unit development shall be re-
viewed according to the regulations in article 20 of
this chapter, in addition to this article.
D. Telecommunication facilities shall be re-
viewed according to the regulations in article 29 of
this chapter, in addition to this article.
E. Uses identified in article 22 of this chapter
shall be reviewed according to the standards and
regulations contained in article 22 of this chapter, in
addition to this article.
(Ord. No. 1645, § 18.34.020, 8-15-2005; Ord. No.
1693, § 10(18.34.020), 2-20-2007; Ord. No. 1709,
§ 9(18.34.020), 7-16-2007; Ord. No. 1761, exh.
E(18.34.020), 7-6-2009)
Sec. 38.19.030. Special development proposals;
additional application require-
ments, review procedures and
review criteria.
A.Application requirements.Applications for
special development proposals (e.g., PUD, CUP,
floodplain development permits, variances, etc.)
shall include:
1. The required information for site plans
described in section 38.41.080;
2. Any additional application information re-
quired for specific reviews as listed in the
following articles of this chapter:
a. Article 20, Planned Unit Develop-
ment;
b. Article22,StandardsforSpecificUses;
c. Article 29, Telecommunications;
d. Article 31, city floodplain regulations;
e. Article 35, Appeals, Deviations and
Variance Procedures; and
f. Article 41, Submittal Materials and
Requirements.
B.Review procedures and review criteria. Addi-
tional review procedures and review criteria for
specific development proposals are defined in the
following articles of this chapter:
1. Section 38.19.100, conditional use proce-
dure;
2. Article 20, Planned Unit Development;
3. Article 22, Standards for Specific Uses;
4. Article 29, Telecommunications;
5. Article 31, city floodplain regulations; and
6. Article35, Appeals, Deviations and Vari-
ance Procedures.
(Ord. No. 1645, § 18.34.030, 8-15-2005; Ord. No.
1693, § 10(18.34.030), 2-20-2007; Ord. No. 1709,
§ 9(18.34.030), 7-16-2007; Ord. No. 1761, exh.
E(18.34.030), 7-6-2009)
Sec. 38.19.040. Review authority.
A. The city commission, board of adjustment
and planning director have the review authority
established in section 38.34.010 and this chapter.
B. The development review committee, design
review board, administrative design review staff,
and wetlands review board have the review author-
ity established in article 33 of this chapter.
§ 38.19.020 BOZEMAN MUNICIPAL CODE
CD38:96PROOFS
C. Site plan design review thresholds. When a
development is subject to design review and meets
one or more of the following thresholds the design
review board shall have responsibility for conduct-
ing the design review.
1. 20 or more dwelling units in a multiple
household structure or structures;
2. 30,000 or more square feet of office space,
retail commercial space, service commer-
cial space or industrial space;
3. More than two buildings on one site for
permitted office uses, permitted retail com-
mercial uses, permitted service commercial
uses, permitted industrial uses or permitted
combinations of uses;
4. 20,000 or more square feet of exterior
storage of materials or goods; or
5. Parking for more than 60 vehicles.
(Ord. No. 1645, § 18.34.040, 8-15-2005; Ord. No.
1670, § 18.34.040, 8-28-2006; Ord. No. 1693,
§ 10(18.34.040), 2-20-2007; Ord. No. 1709,
§ 9(18.34.040), 7-16-2007; Ord. No. 1761, exh.
E(18.34.040), 7-6-2009)
Sec. 38.19.050. Sketch plan review.
A.Sketch plan submittal requirements.
1. Certain independent development propos-
als (i.e., not in conjunction with other
development) are required to submit only
sketch plans meeting the requirements of
section 38.41.110.
2. Separate construction plans are necessary
for building permits when the proposal
requires such permits. Additional informa-
tion is also necessary when the proposal
requires the issuance of a certificate of
appropriateness (see sections 38.19.110 and
38.41.090).
3. Examples of independent projects which
qualify for sketch plan review are: individ-
ual single-household, two-household, three-
household, and four-household residential
units, each on individual lots and indepen-
dent of other site development; accessory
dwelling units in the R-2, R-3 and R-4
districts; manufactured homes on individ-
ual lots; fences; signs in compliance with
the requirements of this chapter; regulated
activities in areas with regulated wetlands
not in conjunction with a land development
proposal; grading of sites disturbing more
than one-eighth but less than one-half acre,
or movement of more than 30 but less than
100 cubic yards of material, or cut or fill of
less than one cumulative foot, whichever is
less; special temporary uses; and accessory
structures associated with these uses. Other
similar projects may be determined by the
planning director to require only sketch
plan review. The planning director shall
determine all submittal requirements. Proj-
ects which do not require sketch plan re-
view may still require review and permit-
ting for non-zoning issues.
B.Sketch plan review procedures.
1.No certificate of appropriateness required.
Sketch plans for projects which do not
require a certificate of appropriateness shall
be submitted to the planning department
staff for a determination of compliance
with the requirements of this chapter. Once
compliance is achieved, the application will
be approved for construction or referred to
the appropriate permitting authorities.
2.Certificate of appropriateness required.
Sketch plans, including the material re-
quired by section 38.41.090, and such ad-
ditional information as may be required for
projects which require a certificate of ap-
propriateness as per section 38.19.110 shall
be submitted to the ADR staff, who shall
review the proposal for compliance with
this chapter, including compliance with the
applicableoverlaydistrictrequirements.Once
compliance is achieved, the application will
be approved for construction or referred to
the appropriate permitting authorities. Re-
view and approval authority for sketch
§ 38.19.050UNIFIED DEVELOPMENT CODE
CD38:97PROOFS
plans that require certificates of appropri-
ateness shall rest with the DRB if the ADR
staff consists of less than two members.
C.Sketch plan review criteria.Sketch plans
shall be reviewed for compliance with all applicable
requirements of this chapter including overlay dis-
trict requirements and the cessation of any current
violations of this chapter, exclusive of any legal
nonconforming conditions. Plan changes may be
required.
(Ord. No. 1645, § 18.34.050, 8-15-2005; Ord. No.
1693, § 10(18.34.050), 2-20-2007; Ord. No. 1709,
§ 9(18.34.050), 7-16-2007; Ord. No. 1761, exh.
E(18.34.050), 7-6-2009)
Sec. 38.19.060. Application of site plan review
procedures.
A. These procedures shall apply to all develop-
ments within the city except for development pro-
posals specified as requiring only sketch plan re-
view.
B. The preliminary site plan shall be submitted
and approved, and final site plan approval received,
prior to the issuance of any building permit.
C. No occupancy permits shall be issued for any
development for which site plan review is required
until certification has been provided demonstrating
that all terms and conditions of site plan approval
have been complied with.
D. Unless a deviation or variance is explicitly
sought and granted in association with a site plan,
all standards of this chapter apply whether explic-
itly mentioned in the record of the review or not.An
omission or oversight of a nonconformity with the
standards of this chapter in the site plan shall not
constitute approval of such nonconformance. Any
nonconformance which was not the subject of an
explicitly approved deviation or variance may be
required to be cured at such time the city becomes
aware of the nonconforming condition's existence.
E. In the event that the volume of site develop-
ment applications submitted for review exceeds the
ability of the city to process them simultaneously,
preference in order of scheduling will be given to
those projects which provide the most affordable
housing in excess of minimum requirements, as
measured by the total number of affordable units.
(Ord. No. 1645, § 18.34.060, 8-15-2005; Ord. No.
1693, § 10(18.34.060), 2-20-2007; Ord. No. 1709,
§ 9(18.34.060), 7-16-2007; Ord. No. 1761, exh.
E(18.34.060), 7-6-2009)
Sec. 38.19.070. Site plan review procedures.
A. Acceptability and adequacy of application.
1. The planning department shall review the
application for acceptability within five
working days to determine that the applica-
tion does not omit any of the submittal
elements required by this chapter. If the
application does not contain all of the
required elements, the application, review
fee and a written explanation of what the
application is missing shall be returned to
the property owner or their representative.
The five working day review period will be
considered met if the letter is dated, signed
and placed in the outgoing mail within the
five-day review period.
2. After the application is deemed to contain
the required elements and to be acceptable,
it shall be reviewed for adequacy. A deter-
mination of adequacy means the applica-
tion contains all of the required elements in
sufficient detail and accuracy to enable the
applicable review agency to make a deter-
mination that the application either does or
does not conform to the requirements of
this chapter and any other applicable regu-
lations under the jurisdiction of the city.
The review for adequacy shall be con-
ducted by the appropriate agency with ex-
pertise in the subject matter. The adequacy
review period shall begin on the next work-
ing day after the date that the planning
department determines the application to
contain all the required elements and shall
be completed within not more than 15
working days. The 15 working day review
§ 38.19.050 BOZEMAN MUNICIPAL CODE
CD38:98PROOFS
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 prop-
erty owner. Upon a determination of ade-
quacy the review of the development will
be scheduled.
a. In the event the missing information is
not received by the city within 15
working days of notification to the
property owner of inadequacy, all ap-
plication materials and one-half of the
review fee shall be returned to the
property owner or their representa-
tive. Subsequent resubmittal shall re-
quire payment of a review fee as if it
were a new application.
b. A determination that an application is
adequate does not restrict the city
from requesting additional informa-
tion during the site plan review pro-
cess.
3. Should the property owner choose not to
provide the required information after an
application has been found unacceptable,
nor to accept return of the application and
accompanying fee, the application may be
processed by the city with the recognition
by the property owner that unacceptability
is an adequate basis for denial of the
application regardless of other merit of the
application.
4. The DRC may grant reasonable waivers
from submittal of application materials re-
quired 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 com-
pleted.
5. In order to be granted a waiver the appli-
cant shall include with the submission of
the preliminary site plan a written statement
describing the requested waiver and the
reasons upon which the request is based.
The final approval body shall then consider
each waiver at the time the preliminary site
plan is reviewed. All waivers must be
identified not later than initial submittal of
the preliminary site plan stage of review.
B. Site plans shall be reviewed by the review
bodies established by article 33 of this chapter and
according to the procedures established by this
chapter. After review of the applicable submittal
materials required by article 41 of this chapter and
upon recommendation by the appropriate review
bodies, the planning director, board of adjustment,
or city commission shall act to approve, approve
with conditions or deny the application, subject to
the appeal provisions of article 35 of this chapter.
The basis for the planning director's, board of
adjustment's, or city commission's action shall be
whether the application, including any required
conditions, complies with all the applicable stan-
dards and requirements of this chapter, including
section 38.01.050.
1.Site plan.The planning director shall pro-
vide an opportunity for the public to com-
ment upon development proposals. The du-
ration of the initial comment period shall be
included in any notice required by article
40 of this chapter. The comment period
shall be from the date of the first consider-
ation of the complete preliminary plan and
supplementary materials by the DRC until
5:00 pm on the third working day after
DRC and other review bodies as may be
appropriate have taken action regarding the
proposal.
a. The planning director, after receiving
the recommendations of the DRC,
ADR, DRB or WRB, shall act to
approve, approve with conditions or
deny an application within ten work-
ing days of the close of the public
§ 38.19.070UNIFIED DEVELOPMENT CODE
CD38:99PROOFS
comment period. The planning direc-
tor's decision shall be in writing and
shall include any special conditions
which are to be applied to the devel-
opment.
(1) After formal notice of a project
review has been given, inter-
ested parties may request in writ-
ing to receive a copy of the
director's decision regarding an
application. Persons making such
a request shall provide an ad-
dressed envelope for use in de-
livering their copy of the deci-
sion.
2.Site plan with deviations or variances and
conditional use permits.The board of ad-
justment shall provide an opportunity for
the public to comment upon a proposed site
plan or conditional use permit. The ending
date of the comment period shall be in-
cluded in the notice required by article 40
of this chapter. The comment period shall
be from the date of the first consideration of
the complete preliminary plan and supple-
mentary materials by the DRC until the
decision by the board of adjustment.
a. The board of adjustment, after receiv-
ing the recommendations of the DRC,
ADR, DRB or WRB, shall act to
approve, approve with conditions or
deny an application. The board of
adjustment's decision shall be in writ-
ing and shall include any special con-
ditions which are to be applied to the
development.
3.Master site plan.The city commission shall
provide an opportunity for the public to
comment upon a proposed master site plan.
The duration of the comment period shall
be included in any notice required by article
40 of this chapter. The comment period
shall be from the date of the first consider-
ation of the complete preliminary plan and
supplementary materials by the DRC until
the decision by the city commission.
a. The city commission, after receiving
the recommendations of the DRC,
ADR, DRB or WRB, shall act to
approve, approve with conditions or
deny an application. The city commis-
sion's decision shall be in writing and
shall include any special conditions
which are to be applied to the devel-
opment.
(Ord. No. 1645, § 18.34.070, 8-15-2005; Ord. No.
1670, § 18.34.070, 8-28-2006; Ord. No. 1693,
§ 10(18.34.070), 2-20-2007; Ord. No. 1709,
§ 9(18.34.070), 7-16-2007; Ord. No. 1761, exh.
E(18.34.070), 7-6-2009)
Sec. 38.19.080. Application for conditional use
permit; notice requirements.
A. The person applying for a conditional use
permit shall fill out and submit to the planning
director the appropriate form with the required fee.
The request for a conditional use permit shall
follow the procedures and application requirements
of this article.
B. In consideration of all conditional use permit
applications, a public hearing shall be conducted by
the board of adjustment. Notice of the board of
adjustment public hearing shall be provided in
accordance with article 40 of this chapter.
C. If a rezoning is required prior to approval of
a conditional use permit, the application for rezon-
ing and the conditional use permit may be filed and
acted upon simultaneously; however, the condi-
tional use permit shall not be effective until zoning
has been approved by the city commission.
(Ord. No. 1645, § 18.34.080, 8-15-2005; Ord. No.
1670, § 18.34.080, 8-28-2006; Ord. No. 1693,
§ 10(18.34.080), 2-20-2007; Ord. No. 1709,
§ 9(18.34.080), 7-16-2007; Ord. No. 1761, exh.
E(18.34.080), 7-6-2009)
§ 38.19.070 BOZEMAN MUNICIPAL CODE
CD38:100PROOFS
Sec. 38.19.090. Site plan and master site plan
review criteria.
A. In considering applications for site plan ap-
proval under this chapter, the planning director,
board of adjustment, city commission, DRC, and
when appropriate, the ADR staff, DRB or WRB
shall consider the following:
1. Conformance to and consistency with the
city's adopted growth policy;
2. Conformance to this chapter, including the
cessation of any current violations;
3. Conformance with all other applicable laws,
ordinances and regulations;
4. Relationship of site plan elements to con-
ditions both on and off the property, includ-
ing:
a. Compatibility with, and sensitivity to,
the immediate environment of the site
and the adjacent neighborhoods and
other approved development relative
to architectural design, building mass
andheight,neighborhoodidentity,land-
scaping, historical character, orienta-
tion of buildings on the site and visual
integration;
b. Design and arrangement of the ele-
ments of the site plan (e.g., buildings,
circulation, open space and landscap-
ing, etc.) so that activities are inte-
grated with the organizational scheme
of the community, neighborhood, and
other approved development and pro-
duce an efficient, functionally orga-
nized and cohesive development;
c. Design and arrangement of elements
of the site plan (e.g., buildings circu-
lation, open space and landscaping,
etc.) in harmony with the existing
natural topography, natural water bod-
ies and watercourses, existing vegeta-
tion, and to contribute to the overall
aesthetic quality of the site configura-
tion; and
d. Iftheproposedprojectislocatedwithin
a locally designated historical district,
or includes a locally designated land-
mark structure, the project is in con-
formance with the provisions of arti-
cle 16 of this chapter;
5. The impact of the proposal on the existing
and anticipated traffic and parking condi-
tions;
6. Pedestrian and vehicular ingress, egress and
circulation, including:
a. Design of the pedestrian and vehicular
circulation systems to ensure that pe-
destrians and vehicles can move safely
and easily both within the site and
betweenpropertiesandactivitieswithin
the neighborhood area;
b. Non-automotive transportation and cir-
culation systems design features to
enhance convenience and safety across
parking lots and streets, including, but
not limited to, paving patterns, grade
differences, landscaping and lighting;
c. Adequate connection and integration
of the pedestrian and vehicular trans-
portation systems to the systems in
adjacent developments and general
community; and
d. Dedication of right-of-way or ease-
ments necessary for streets and simi-
lar transportation facilities;
7. Landscaping, including the enhancement of
buildings, the appearance of vehicular use,
open space and pedestrian areas, and the
preservation or replacement of natural veg-
etation;
8. Open space, including:
a. The enhancement of the natural envi-
ronment;
b. Precautions being taken to preserve
existing wildlife habitats or natural
wildlife feeding areas;
§ 38.19.090UNIFIED DEVELOPMENT CODE
CD38:101PROOFS
c. If the development is adjacent to an
existing or approved public park or
public open space area, have provi-
sions been made in the site plan to
avoid interfering with public access to
and use of that area;
d. Is any provided recreational area suit-
ably located and accessible to the
residential units it is intended to serve
and is adequate screening provided to
ensure privacy and quiet for neighbor-
ing residential uses;
e. Open space shall be provided in ac-
cordance with article 27 of this chap-
ter;
f. Park land shall be provided in accor-
dance with article 27 of this chapter.
9. Building location and height;
10. Setbacks;
11. Lighting;
12. Provisions for utilities, including efficient
public services and facilities;
13. Site surface drainage and stormwater con-
trol;
14. Loading and unloading areas;
15. Grading;
16. Signage;
17. Screening;
18. Overlay district provisions;
19. Other related matters, including relevant
comment from affected parties; and
20. If the development includes multiple lots
that are interdependent for circulation or
other means of addressing requirements of
this chapter, whether the lots are either:
a. Configured so that the sale of individ-
ual lots will not alter the approved
configuration or use of the property or
cause the development to become non-
conforming; or
b. The subject of reciprocal and perpet-
ual easements or other agreements to
which the city is a party so that the
sale of individual lots will not cause
one or more elements of the develop-
ment to become nonconforming;
21. Compliance with chapter 10, article 8.
B. In considering applications for master site
plan approval under this chapter, the city commis-
sion, DRC, and when appropriate, the ADR staff,
DRB or WRB shall consider the following:
1. Conformance to and consistency with the
city's adopted growth policy;
2. Conformance to this chapter, including the
cessation of any current violations;
3. Conformance with all other applicable laws,
ordinances and regulations;
4. A generalized site plan showing the orien-
tation and relationships among key plan
elements both on and off the property,
including:
a. Compatibility with, and sensitivity to,
the immediate environment of the site
and the adjacent neighborhoods in
terms of overall site organization and
building mass and height;
b. Arrangement of the elements of the
site plan (e.g., buildings, circulation,
open space and landscaping, etc.) so
that activities are integrated with the
structure of the surrounding area and
produce an efficient, functionally or-
ganized and visually cohesive devel-
opment that contributes to the overall
aesthetic quality of the area;
c. Iftheproposedprojectislocatedwithin
a locally designated historical district,
or includes a locally designated land-
mark structure, a statement describing
how the project is in conformance
with the provisions of article 16 of
this chapter; and
§ 38.19.090 BOZEMAN MUNICIPAL CODE
CD38:102PROOFS
d. Description of many elements in a
master site plan may be described in
written and/or graphic formats which-
ever provides the superior form of
communication;
5. A statement accompanying the site plan
describingthegeneralizedarchitecturalchar-
acter and its relationship to and compatibil-
ity with the historical character of the area,
generalized landscape concept including
treatment of public space and relationship
to the surrounding area, and visual and
aesthetic integration of the proposed devel-
opment into the surrounding area and its
effect on the identity of the adjacent neigh-
borhood;
6. The impact of the proposed development
on the existing and anticipated traffic and
parking conditions, including identification
of the traffic generation and parking needs
of individual plan elements;
7. Pedestrian and vehicular ingress, egress and
circulation, including:
a. Overall pedestrian and vehicular cir-
culation systems to ensure that pedes-
trians and vehicles can move safely
and easily both within the site and
betweenpropertiesandactivitieswithin
the neighborhood area;
b. Non-automotive transportation and cir-
culation systems design features to
enhance convenience and safety across
parking lots and streets;
c. Adequate connection and integration
of the pedestrian and vehicular trans-
portation systems to the systems in
adjacent developments and general
community; and
d. Dedication and/or abandonment of
rights-of-way or easements necessary
for efficient land use and accompany-
ing streets and related transportation
facilities;
8. Open space, if required under the zoning
classification of the proposed development,
including:
a. Enhancement of the natural environ-
ment;
b. Precautions being taken to preserve
existing wildlife habitats or natural
wildlife feeding areas;
c. Provisions to avoid interfering with
public access to and use of any adja-
cent parks and other open space;
d. Provision of recreational areas suit-
ably located and configured, and ac-
cessible to the residential units it is
intended to serve; and
e. Adequacy of open space as required
within this chapter;
f. Open space shall be provided in ac-
cordance with article 27 of this chap-
ter;
g. Park land shall be provided in accor-
dance with article 27 of this chapter;
9. Generalized building gross area (square
feet), building locations, building enve-
lopes, and building heights;
10. Setbacks;
11. Generalized lighting concept as pertains to
public safety;
12. Generalized provisions for utilities, includ-
ing efficient public services and facilities;
13. Generalized site surface drainage and
stormwater control;
14. Generalized locations of loading and un-
loading areas;
15. Generalized grading;
16. Statement regarding proposed signage;
17. Statement regarding screening of trash, out-
door storage and utility areas;
18. Overlay district provisions where applica-
ble; and
§ 38.19.090UNIFIED DEVELOPMENT CODE
CD38:103PROOFS
19. Other related matters, including relevant
comment from affected parties.
C. If the planning director, board of adjustment,
or city commission, after recommendation from the
DRC and, if appropriate, ADR staff, DRB and
WRB shall determine that the proposed site plan or
master site plan will not be detrimental to the
health, safety or welfare of the community, is in
compliance with the requirements of this chapter
and is in harmony with the purposes and intent of
this chapter and the city growth policy, approval
shall be granted, and such conditions and safe-
guards may be imposed as deemed necessary.
Notice of action shall be given in writing.
D. Site plan approval or master site plan ap-
proval may be denied upon a determination that the
conditions required for approval do not exist. Per-
sons objecting to the recommendations of review
bodies carry the burden of proof. A denial of
approval shall be in writing.
E. Following approval of a master site plan, the
applicant shall submit to the planning department,
sequential individual site plans for specific areas
within the master site plan. Each subsequent appli-
cation for a site plan shall be consistent with the
approved master site plan and subject to the review
criteria set forth in subsection A of this section.
Evidence that the review criteria have been met
through the master site plan review process may be
incorporated by reference in order to eliminate
duplication of review.
(Ord. No. 1645, § 18.34.090, 8-15-2005; Ord. No.
1670, § 18.34.090, 8-28-2006; Ord. No. 1693,
§ 10(18.34.090), 2-20-2007; Ord. No. 1709,
§ 9(18.34.090), 7-16-2007; Ord. No. 1761, exh.
E(18.34.090), 7-6-2009)
Sec. 38.19.100. Board of adjustment consider-
ation and record for conditional
use permits.
A. The board of adjustment, in approving a
conditional use permit, shall review the application
againstthereviewrequirementsofsection38.19.090.
B. In addition to the review criteria of section
38.19.090, the board of adjustment shall, in approv-
ing a conditional use permit, determine favorably as
follows:
1. That the site for the proposed use is ade-
quate in size and topography to accommo-
date such use, and all yards, spaces, walls
and fences, parking, loading and landscap-
ing are adequate to properly relate such use
with the land and uses in the vicinity;
2. That the proposed use will have no material
adverse effect upon the abutting property.
Persons objecting to the recommendations
of review bodies carry the burden of proof;
3. That any additional conditions stated in the
approval are deemed necessary to protect
the public health, safety and general wel-
fare. Such conditions may include but are
not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley
dedications and improvements or ap-
propriate bonds;
f. Regulation of points of vehicular in-
gress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and
odors;
j. Regulation of hours for certain activ-
ities;
k. Time period within which the pro-
posed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access
rights; and
§ 38.19.090 BOZEMAN MUNICIPAL CODE
CD38:104PROOFS
n. Other such conditions as will make
possible the development of the city
in an orderly and efficient manner.
C. The board of adjustment shall, in addition to
all other conditions, impose the following general
conditionsuponeveryconditionalusepermitgranted:
1. That the right to a use and occupancy
permit shall be contingent upon the fulfill-
ment of all general and special conditions
imposed by the conditional use permit pro-
cedure; and
2. That all of the special conditions shall
constitute restrictions running with the land
use, shall apply and be adhered to by the
owner of the land, successors or assigns,
shall be binding upon the owner of the land,
the owner's successors or assigns, shall be
consented to in writing, and shall be re-
corded as such with the county clerk and
recorder's office by the property owner
prior to the issuance of any building per-
mits, final site plan approval or commence-
ment of the conditional use.
D. Applications for conditional use permits may
be approved, conditionally approved or denied by
motion of the board of adjustment. If an application
is denied, the denial shall constitute a determination
that the applicant has not shown that the conditions
required for approval do exist.
E. The applicant shall be notified in writing of
the action taken by the board of adjustment within
seven working days of its action. If the conditional
use permit has been granted the notification shall
include any conditions, automatic termination date,
period of review or other requirements. If the
conditional use permit has been granted, the permit
shall be issued upon the signature of the planning
director after completion of all conditions and final
site plan.
F. Termination/revocation of conditional use per-
mit approval.
1. Conditional use permits are approved based
on an analysis of current local circum-
stances and regulatory requirements. Over
time these things may change and the use
may no longer be appropriate to a location.
Aconditional use permit will be considered
as terminated and of no further effect if:
a. After having been commenced, the
approved use is not actively con-
ducted on the site for a period of two
continuous calendar years;
b. Final zoning approval to reuse the
property for another principal or con-
ditional use is granted;
c. The use or development of the site is
not begun within the time limits of the
final site plan approval in section
38.19.130.
2. A conditional use which has terminated
may be reestablished on a site by either the
review and approval of a new conditional
use permit application, or a determination
by the planning director that the local
circumstances and regulatory requirements
are essentially the same as at the time of the
original approval. A denial of renewal by
the planning director may not be appealed.
If the planning director determines that the
conditional use permit may be renewed on
a site then any conditions of approval of the
original conditional use permit are also
renewed.
3. If activity begins for which a conditional
use permit has been given final approval,
all activities must comply with any condi-
tions of approval or code requirements.
Should there be a failure to maintain com-
pliance the city may revoke the approval
through the procedures outlined in section
38.34.160.
(Ord. No. 1645, § 18.34.100, 8-15-2005; Ord. No.
1670, § 18.34.100, 8-28-2006; Ord. No. 1693,
§ 10(18.34.100), 2-20-2007; Ord. No. 1709,
§ 9(18.34.100), 7-16-2007; Ord. No. 1761, exh.
E(18.34.100), 7-6-2009)
§ 38.19.100UNIFIED DEVELOPMENT CODE
CD38:105PROOFS
Sec. 38.19.110. Certificates of appropriateness;
additionalreviewproceduresand
review criteria.
A.Sign proposals which do not specifically
conform to the requirements of this chapter.Inde-
pendent sign proposals (i.e., not in conjunction with
other development) which do not specifically con-
form to the requirements of this chapter, are re-
quired to submit full site plans. Additional site
design information, in sufficient detail to demon-
strate compliance with the design objective plan,
encompassing the property's location shall be pro-
vided. If no design objectives plan has been pre-
pared for the location, additional site design infor-
mation, if necessary, shall be determined by the
ADR staff. All signs shall comply with the dimen-
sional standards of this chapter unless a deviation or
variance has been properly granted.
B.Review procedures and criteria for certifi-
cates of appropriateness.
1. Certificates of appropriateness shall only be
issued according to procedures and criteria
specified in articles 16, 17, 20 and 33 of
this chapter.
2. Sign proposals which specifically conform
to the requirements of this chapter shall be
reviewed according to procedures and cri-
teria outlined inarticle 28 of this chapter.
(Ord. No. 1645, § 18.34.110, 8-15-2005; Ord. No.
1693, § 10(18.34.110), 2-20-2007; Ord. No. 1761,
exh. E(18.34.110), 7-6-2009)
Sec. 38.19.120. Public notice requirements.
Public notice of development proposals and ap-
provals subject to this article shall be provided as
required by article 40 of this chapter.
(Ord. No. 1645, § 18.34.120, 8-15-2005; Ord. No.
1693, § 10(18.34.120), 2-20-2007; Ord. No. 1709,
§ 9(18.34.120), 7-16-2007; Ord. No. 1761, exh.
E(18.34.120), 7-6-2009)
Sec. 38.19.130. Final site plan.
A. No later than six months after the date of
approval of a preliminary site plan or master site
plan, the applicant shall submit to the planning
department a final site plan with accompanying
application form and review fee. The number of
copies of the final site plan to be submitted shall be
established by the planning director. The final site
plan shall contain the materials required in sections
38.41.080 and 38.41.090 and whatever revisions to
the preliminary site plan or master site plan are
required to comply with any conditions of approval.
Prior to the passage of six months, the applicant
may seek an extension of not more than an addi-
tional six months from the planning director.
B. In addition to the materials required in sub-
section A of this section, the owner shall submit a
certification of completion and compliance stating
that they understand any conditions of approval and
the submitted final site plans or master site plan
have complied with any conditions of approval or
corrections to comply with code provisions.
C. In addition to the materials required in sub-
sections A and B of this section, the owner shall
submit a statement of intent to construct according
to the final site plan. Such statement shall acknowl-
edge that construction not in compliance with the
approved final site plan may result in delays of
occupancy or costs to correct noncompliance.
D. Following approval of a final site plan, the
final site plan shall be in effect for one year. Prior to
the passage of one year, the applicant may seek an
extension of not more than one additional year from
the planning director. In such instances, the plan-
ning director shall determine whether the relevant
terms of this chapter and circumstances have sig-
nificantly changed since the initial approval. If
relevant terms of this chapter or circumstances have
significantly changed, the extension of the approval
shall not be granted.
E. Following approval of a final master site
plan, the final master site plan shall be in effect for
not more than five years. Owners of property
subject to the master site plan may seek appropriate
extensions. Approval of an extension shall be made
by the planning director. Approval shall be granted
§ 38.19.110 BOZEMAN MUNICIPAL CODE
CD38:106PROOFS
if the planning director determines that the relevant
terms of this chapter and circumstances have not
significantly changed since the initial approval.
F. Upon approval of the final site plan by the
planning director the applicant may obtain a build-
ing permit as provided for by article 34 of this
chapter.
1. Subsequent site plan approvals are required
to implement a master site plan, and ap-
proval of a master site plan does not entitle
an applicant to obtain any building permits.
(Ord. No. 1645, § 18.34.130, 8-15-2005; Ord. No.
1693, § 10(18.34.130), 2-20-2007; Ord. No. 1709,
§ 9(18.34.130), 7-16-2007; Ord. No. 1761, exh.
E(18.34.130), 7-6-2009)
Sec. 38.19.140. Building permits based upon ap-
proved sketch or site plans.
Based upon the approved sketch or final site plan
(hereinafter referred to as "plan"), and after any
appeals have been resolved, a building permit for
the site may be requested and may be granted
pursuant to article 34 of this chapter. No building
permit may be granted on the basis of an approved
sketch or site plan whose approval has expired.
(Ord. No. 1645, § 18.34.140, 8-15-2005; Ord. No.
1693, § 10(18.34.140), 2-20-2007; Ord. No. 1709,
§ 9(18.34.140), 7-16-2007; Ord. No. 1761, exh.
E(18.34.140), 7-6-2009)
Sec. 38.19.150. Amendments to sketch and site
plans.
A. It is the intent of this section to ensure that
issues of community concern are addressed during
the redevelopment, reuse or change in use of
existing facilities in the community. Specific areas
of community concern include public safety, miti-
gation of off-site environmental impacts and site
character in relation to surroundings. The following
procedures for amendments to approved plans,
reuse of existing facilities and further development
of sites ensure that these concerns are adequately
and expeditiously addressed.
B. Any amendment to or modification of a site
plan or master site plan approved under the ordi-
nance codified in this article (September 3, 1991 -
Ordinance No. 1332) shall be submitted to the
planning director for review and possible approval.
Proposals for further development, reuse or change
in use of sites developed pursuant to this chapter
shall also be reviewed as an amendment to an
approved plan. All amendments shall be shown on
a revised plan drawing. Amendments to approved
plans shall be reviewed and may be approved by the
planning director upon determining that the amended
plan is in substantial compliance with the originally
approved plan. If it is determined that the amended
plan is not in substantial compliance with the
originally approved plan, the application shall be
resubmitted as a new application and shall be
subject to all standards and site plan review and
approval provisions of this chapter. Substantial
compliance may be shown by demonstrating that
the amendments do not exceed the thresholds es-
tablished in section 38.19.170.B.
C. Modifications or amendments to a master site
plan at the time an extension of approval is sought
may be proposed by either the applicant or the city
commission, and shall be based on substantive
current information that indicates that relevant cir-
cumstances have changed and that such circum-
stances support the proposed modifications. Such
circumstances may include market analyses, eco-
nomic conditions, changes in surrounding land
uses, changes in ownership, etc.
(Ord. No. 1645, § 18.34.150, 8-15-2005; Ord. No.
1693, § 10(18.34.150), 2-20-2007; Ord. No. 1709,
§ 9(18.34.150), 7-16-2007; Ord. No. 1761, exh.
E(18.34.150), 7-6-2009)
Sec. 38.19.160. Modification or enlargement of
structures authorized under a
conditional use permit.
Any proposed additions, enlargements or modi-
fications of the structures approved in any condi-
§ 38.19.160UNIFIED DEVELOPMENT CODE
CD38:107PROOFS
tional use permit, or any proposed extension of the
use into areas not approved in any such permit, shall
be subject to the review procedures of this article.
(Ord. No. 1645, § 18.34.160, 8-15-2005; Ord. No.
1693, § 10(18.34.160), 2-20-2007; Ord. No. 1709,
§ 9(18.34.160), 7-16-2007; Ord. No. 1761, exh.
E(18.34.160), 7-6-2009)
Sec. 38.19.170. Reuse, change in use or further
development of sites developed
prior to the adoption date of the
ordinance from which this chap-
ter is derived.
A. Sites legally developed prior to the adoption
date of the ordinance from which this chapter is
derived shall be considered to have developed
under an approved plan. Proposals for reuse, change
in use or the further development of sites legally
developed prior to the adoption date of the ordi-
nance from which this chapter is derived may be
approved by the planning director upon determining
that no significant alteration of the previous use and
site are proposed, and upon review by the city
engineer to ensure that adequate access and site
surface drainage are provided. All such proposals
shall be shown on a plan drawing as required by the
planning director.
B. The criteria for determining that no signifi-
cant alteration of the previous use and site will
result from the proposed reuse, change in use or
further development of a site shall include but not
be limited to the following:
1. The proposed use is allowed under the
same zoning district use classification as
the previous use, however replacement of
nonconforming uses must comply with the
provisions of article 32 of this chapter;
2. Changes proposed for the site, singly or
cumulatively, do not increase lot coverage
by buildings, storage areas, parking areas or
impervious surfaces and/or do not result in
an increase in intensity of use as measured
by parking requirements, traffic generation
or other measurable off-site impacts;
a. By more than 20 percent for develop-
ments not meeting one or more of the
criteria of section section 38.19.040.C;
or
b. By more than ten percent for devel-
opments meeting or exceeding one or
more of the criteria of section
38.19.040.C;
3. The proposed use does not continue any
unsafe or hazardous conditions previously
existing on the site or associated with the
proposed use of the property.
C. If it is determined that the proposed reuse,
change in use or further development of a site
contains significant alterations to the previous use
and/or site, the application shall be resubmitted as a
new application and shall be subject to all plan
review and approval provisions of this article.
D. When proposals for reuse, change in use or
further development of a site are located in the
neighborhood conservation or entryway corridor
overlay districts, review by ADR staff or the DRB
may be required to determine whether resubmittal
as a new application is necessary.
(Ord. No. 1645, § 18.34.170, 8-15-2005; Ord. No.
1693, § 10(18.34.170), 2-20-2007; Ord. No. 1709,
§ 9(18.34.170), 7-16-2007; Ord. No. 1761, exh.
E(18.34.170), 7-6-2009)
Sec. 38.19.180. Improvements to existing devel-
oped sites independent of site
plan review.
The continued improvement of existing devel-
oped sites is desired to increase the level of com-
pliance with the provisions of this chapter. An
applicant may propose improvements, not in asso-
ciation with a site plan review, to increase confor-
mity with the standards of this chapter for landscap-
ing, lighting, parking or similar components of a
site to occur over a defined period of time, not to
exceed three years. Such improvements shall be
depicted on a site plan drawn to scale and which
shall be sufficiently detailed to clearly depict the
current conditions, the intended end result of the
proposed improvements and any phasing of work.
Such improvements shall be reviewed by and ap-
proved at the discretion of the planning director.
§ 38.19.160 BOZEMAN MUNICIPAL CODE
CD38:108PROOFS
The planning director may require surety in accor-
dance with the terms of article 39 of this chapter for
work performed.
(Ord. No. 1645, § 18.34.180, 8-15-2005; Ord. No.
1693, § 10(18.34.180), 2-20-2007; Ord. No. 1709,
§ 9(18.34.180), 7-16-2007; Ord. No. 1761, exh.
E(18.34.180), 7-6-2009)
Sec. 38.19.190. Special temporary use permit.
A.Generally.Uses permitted subject to a special
temporary use permit are those temporary uses
which are required for the proper function of the
community or are temporarily required in the pro-
cess of establishing a permitted use, constructing a
public facility or providing for response to an
emergency. Such uses shall be so conducted that
they will not be detrimental in any way to the
surrounding properties or to the community. Uses
permitted subject to a special temporary use permit
may include:
1. Carnivals, circuses, special events of not
over 72 consecutive hours;
2. Tent revival meetings;
3. Swap meets; or
4. Such other uses as the planning director
may deem to be within the intent and
purpose of this section.
B.Application and filing fee.Application for a
special temporary use permit may be made by a
property owner or the owner's authorized agent. A
copy of the fees is available at the planning depart-
ment. Such application shall be filed with the
planning director who shall charge and collect a
filing fee for each such application, as provided in
article 34 of this chapter. The planning director may
also require any information deemed necessary to
support the approval of a special temporary use
permit, including site plans per this article.
C.Decision.Application for a special temporary
use permit shall be reviewed by the planning
director who shall approve, conditionally approve
or disapprove such application. Approval or condi-
tional approval shall be given only when in the
judgment of the planning director such approval is
within the intent and purposes of this article.
D.Conditions.In approving such a permit, the
approval shall be made subject to a time limit and
other conditions deemed necessary to ensure that
there will be no adverse effect upon adjacent
properties. Such conditions may include, but are not
limited to, the following:
1. Regulation of parking;
2. Regulation of hours;
3. Regulation of noise;
4. Regulation of lights;
5. Requirement of bonds or other guarantees
for cleanup or removal of structure or
equipment; and/or
6. Such other conditions deemed necessary to
carry out the intent and purpose of this
section.
(Ord. No. 1645, § 18.34.190, 8-15-2005; Ord. No.
1693, § 10(18.34.190), 2-20-2007; Ord. No. 1709,
§ 9(18.34.190), 7-16-2007; Ord. No. 1761, exh.
E(18.34.190), 7-6-2009)
Sec. 38.19.200. Appeals.
Appeals of decisions rendered in conjunction
with this article may be taken as set forth in article
35 of this chapter. In such event, any plan review
approval and associated right to proceed with de-
velopment shall be stayed until the appeal process
has been completed.
(Ord. No. 1645, § 18.34.200, 8-15-2005; Ord. No.
1693, § 10(18.34.200), 2-20-2007; Ord. No. 1709,
§ 9(18.34.200), 7-16-2007; Ord. No. 1761, exh.
E(18.34.200), 7-6-2009)
Sec. 38.19.210. Improvements.
Improvements depicted on an approved site plan
shall be installed subject to the requirements of
article 39 of this chapter.
(Ord. No. 1645, § 18.34.210, 8-15-2005; Ord. No.
1693, § 10(18.34.210), 2-20-2007; Ord. No. 1709,
§ 9(18.34.210), 7-16-2007; Ord. No. 1761, exh.
E(18.34.210), 7-6-2009)
§ 38.19.210UNIFIED DEVELOPMENT CODE
CD38:109PROOFS
ARTICLE 20. PLANNED UNIT
DEVELOPMENT
Sec. 38.20.010. Intent.
A. It is the intent of the city through the use of
the planned unit development (PUD) concept, to
promote maximum flexibility and innovation in the
development of land and the design of development
projects within the city. Specifically, with regard to
the improvement and protection of the public health,
safety and general welfare, it shall be the intent of
this chapter to promote the city's pursuit of the
following community objectives:
1. To ensure that future growth and develop-
ment occurring within the city is in accord
with the city's adopted growth policy, its
specific elements, and its goals, objectives
and policies;
2. To allow opportunities for innovations in
land development and redevelopment so
that greater opportunities for high quality
housing, recreation, shopping and employ-
ment may extend to all citizens of the city
area;
3. To foster the safe, efficient and economic
use of land and transportation and other
public facilities;
4. To ensure adequate provision of public
services such as water, sewer, electricity,
open space and public parks;
5. To avoid inappropriate development of lands
and to provide adequate drainage, water
quality and reduction of flood damage;
6. Toencouragepatternsofdevelopmentwhich
decrease automobile travel and encourage
trip consolidation, thereby reducing traffic
congestion and degradation of the existing
air quality;
7. To promote the use of bicycles and walking
as effective modes of transportation;
8. To reduce energy consumption and de-
mand;
9. To minimize adverse environmental im-
pacts of development and to protect special
features of the geography;
10. To improve the design, quality and charac-
ter of new development;
11. To encourage development of vacant prop-
erties within developed areas;
12. To protect existing neighborhoods from the
harmful encroachment of incompatible de-
velopments;
13. To promote logical development patterns of
residential, commercial, office and indus-
trial uses that will mutually benefit the
developer, the neighborhood and the com-
munity as a whole;
14. To promote the efficient use of land re-
sources, full use of urban services, mixed
uses, transportation options, and detailed
and human-scale design; and
15. To meet the purposes established in section
38.01.040.
(Ord. No. 1645, § 18.36.010, 8-15-2005; Ord. No.
1693, § 11(18.36.010), 2-20-2007; Ord. No. 1709,
§ 10(18.36.010), 7-16-2007)
Sec. 38.20.020. Applicationandusesofaplanned
unit development.
A. A planned unit development may be applied
to any subdivision, or to any development having
one or more principal uses or structures on a single
parcel of real property or contiguous parcels of real
property. Land use patterns and uses shall generally
conform to growth policy land use designations and
underlying zoning districts. Approval for an addi-
tional use or combination of uses may be allowed in
a planned unit development only when such addi-
tional uses are consistent with the city growth
policy and relevant criteria in section 38.20.090.E
and are not prohibited elsewhere in this chapter.
B. All planned unit developments shall consist
of a harmonious arrangement of lots, uses, build-
ings, parking areas, circulation and open spaces.All
§ 38.20.010 BOZEMAN MUNICIPAL CODE
CD38:110PROOFS
planned unit developments shall be designed as an
integrated unit, in such a manner as to constitute a
safe, efficient and convenient development.
C. Any planned unit development shall be con-
sidered as a conditional use within the zoning
district in which it is to be located.
D. The city commission retains final approval
authority for planned unit developments.
E. All planned unit developments shall compli-
ment or be harmonious with existing adjacent
development.
(Ord. No. 1645, § 18.36.020, 8-15-2005; Ord. No.
1693, § 11(18.36.020), 2-20-2007; Ord. No. 1709,
§ 10(18.36.020), 7-16-2007)
Sec. 38.20.030. Special conditions of a planned
unit development.
A. The following special conditions shall apply
to any planned unit development:
1.Single ownership.The tract or parcel of
land involved shall be either in one owner-
ship or the subject of an application filed
jointly by the owners of all the property to
be included.
2.Title holdings.The approved final plan
shall specify the manner of holding title to
areas and facilities of joint use and how
areas of joint use shall be maintained.
Normally such areas and facilities shall be
retained in title by the developers of the
development or deeded to an organization
composed of all owners in the development
and meeting the requirements of section
38.38.020.
3.Residential planned unit developments.The
permitted number of residential dwelling
units shall be determined by the provision
of and proximity to public services and
subject to the limitations in section
38.20.090.E.2.b.
4.Use of general building and development
standards.
a. All planned unit developments shall
be reviewed against the development
standards established in this chapter.
However, in order to encourage cre-
ativityanddesignexcellencethatwould
contribute to the character of the com-
munity, deviations from the require-
ments or the standards of this chapter
may be granted by the city commis-
sion after considering the recommen-
dations of the applicable review bod-
ies established by this chapter. The
PUD application shall be accompa-
nied by written and graphic material
sufficient to illustrate the initial and
final conditions that the modified stan-
dards will produce. Such written and
graphic materials may include textual
descriptions, site plans, renderings of
proposed elevations or landscapes, or
similar materials.
b. All requested deviations, waivers of
submittal requirements and other re-
laxations of regulatory requirements
shall be identified in writing at the
time of preliminary plan submittal.
Failure to identify such items may
result in the delay of application pro-
cessing in order to receive necessary
materials, provide additional public
notice or other curative actions.
c. The city commission shall make a
determination that the deviation will
produce an environment, landscape
quality and character superior to that
produced by the existing standards of
this chapter, and which will be con-
sistent with the intent and purpose of
this article, with the adopted goals of
the city growth policy and with any
relevantadopteddesignobjectivesplan.
Upon deciding in favor of the devia-
tion request, the city commission may
§ 38.20.030UNIFIED DEVELOPMENT CODE
CD38:111PROOFS
grant deviations, above or below min-
imum or maximum standards respec-
tively as established in this chapter,
includingthecompleteexemptionfrom
a particular standard. If the city com-
mission does not determine that the
proposed modified standards will cre-
ate an environment, landscape quality
and character superior to that pro-
duced by the existing standards of this
chapter, and which will be consistent
with the intent and purpose of this
article and with any relevant design
objectives plan, then no deviation shall
be granted.
5.Establishing additional standards.In addi-
tion to the general building and develop-
ment standards, the city shall have the right
to establish general design standards, guide-
lines and policies, for the purpose of imple-
menting and interpreting the provisions of
this article.
6.Conformance to sign code.All signs pro-
posed in conjunction with a planned unit
development shall be reviewed against the
provisions of the city sign regulations, ar-
ticle 28 of this chapter. All signage must be
approved as part of the PUD and shall be
designed as an integral element of the
overall planned unit development. Ap-
proval of signs within a planned unit devel-
opment shall rest upon a determination by
the city commission, as provided by the
specific proposal, that the intent of the sign
regulations is achieved. Signs which do not
comply with article 28 of this chapter must
receive a deviation.
(Ord. No. 1645, § 18.36.030, 8-15-2005; Ord. No.
1693, § 11(18.36.030), 2-20-2007; Ord. No. 1709,
§ 10(18.36.030), 7-16-2007)
Sec. 38.20.040. Planned unit development re-
view procedures and criteria.
A. When a subdivision is proposed in conjunc-
tion with a zoning planned unit development, the
subdivision review shall be coordinated with the
zoning review. All steps listed in this section shall
apply whether the application is for a subdivision or
zoning PUD, and reference to plan includes plat
unless the context clearly indicates otherwise. Ap-
proval of a planned unit development shall consist
of three procedural steps: preapplication, prelimi-
nary plan and final plan.All subdivision PUDs shall
also meet all standards for plats.
1.Preapplication review.
a. A preapplication review is mandatory
for all planned unit development pro-
posals.
b. A preapplication shall be submitted
for review and discussion with the
DRC, DRB, and if applicable the
WRB and planning staff of the appli-
cant's proposal and any requirements,
standards or policies that may apply.
This step represents an opportunity to
identify any major problems that may
exist and identify solutions to those
problems before formal application.
c. Preapplication review procedures.
Preapplication review meetings will
be held by the DRC, DRB and WRB
(if applicable) and will provide guid-
ance for planned unit development
applications. The general outline of
the planned unit development pro-
posal,presentedasgraphicsketchplans,
shall be submitted by the applicant to
the planning department at least ten
days prior to the meeting of the re-
view bodies. The outline shall be
reviewed by the DRC, DRB and the
WRB (if applicable). Thereafter, the
planning department shall furnish the
applicant with written comments re-
garding such submittal, including ap-
propriate recommendations to inform
and assist the applicant prior to pre-
paring the components of the planned
unit development preliminary plan ap-
plication.
§ 38.20.030 BOZEMAN MUNICIPAL CODE
CD38:112PROOFS
2.Preliminary plan review.Sufficient infor-
mation shall be submitted to permit review
of the land use relationships, densities and
the type, size and location of the principal
design elements of the planned unit devel-
opment by the DRC, DRB, WRB (if appli-
cable) and city commission. For a planned
unit development that will be developed in
phases, the developer must submit either a
preliminary plan for all phases, or else
submit a preliminary plan for the initial
phase or phases and development guide-
lines for all subsequent phases. Submittal
requirements are in addition to those re-
quired for site plan and conditional use
permit review.
a.Application process.Upon comple-
tion of preapplication review and re-
ceiptoftheplanningdepartment'scom-
ments on the preapplication, an
application for preliminary plan ap-
proval may be filed with the planning
department.
b.Public hearings and meetings.Notice
of public hearings and/or public meet-
ings for any preliminary plan applica-
tion shall be provided in accordance
with article 40 of this chapter.
c.Review criteria.In order to approve
an application for a planned unit de-
velopment the city commission shall
determine that the application is in
conformance with all applicable stan-
dards, objectives and criteria of this
chapter unless an appropriate devia-
tion is granted.
d.Recommendations.The DRC, DRB
and WRB (if applicable) shall recom-
mend the approval, conditional ap-
proval or denial of the preliminary
plan to the city commission and shall
include in such recommendation the
basis upon which such recommenda-
tion was determined.
e.Preliminary plan approval.The city
commission, after conducting a public
hearing, may approve, disapprove or
approve with conditions the proposed
planned unit development. The city
commission shall issue a written re-
cord of their decision to discuss and
weigh the review criteria and stan-
dards applicable to the PUD.
3.Final plan review and approval.The final
plan must be in compliance with the ap-
proved preliminary plan and/or develop-
ment guidelines except as provided for in
subsection 3.d of this section, and shall be
reviewed DRC and ADR staff and ap-
proved by the planning director.
a.Application process.Upon approval
or conditional approval of a prelimi-
nary plan by the city commission, and
the completion of any conditions im-
posed in connection with that ap-
proval, an application for final plan
approval may be submitted.
b.Review criteria; compliance with pre-
liminary plan. For approval to be
granted, the final plan shall be in
compliance with the approved prelim-
inary plan. This shall mean that all
conditions imposed by the city com-
mission as part of its approval of the
preliminary plan have been met and:
(1) The final plan does not change
the general use or character of
the development;
(2) The final plan does not increase
the amount of improved gross
leasablenonresidentialfloorspace
by more that five percent, does
not increase the number of resi-
dential dwelling units by more
than five percent and does not
exceed the amount of any den-
sity bonus approved with the
preliminary plan;
§ 38.20.040UNIFIED DEVELOPMENT CODE
CD38:113PROOFS
(3) The final plan does not decrease
the open space and/or affordable
housing provided;
(4) The final plan does not contain
changes that do not conform to
the requirements of this chapter,
excluding properly granted devi-
ations, the applicable objectives
and criteria of section 38.20.100,
or other objectives or criteria of
this chapter. The final plan shall
not contain any changes which
would allowed increased devia-
tion/relaxation of the require-
ments of this chapter; and
(5) The final plat, if applicable, does
not create any additional lots
which were not reviewed as part
of the preliminary plan submit-
tal.
c.Final plan approval.The planning
director may approve the proposed
planned unit development if it con-
forms to the approved preliminary
plan in the manner described above.
Prior to final plan approval, the plan-
ning director may request a recom-
mendation from the DRC, ADR staff,
DRB, WRB or city commission re-
garding any part of a proposed final
plan. If a final plat is part of the final
plan submittal, the city commission
shall have responsibility to approve
the final plat.
(1) Final plats associated with a PUD
shall be subject to the require-
ments of sections 38.03.060 and
38.41.070.
d.Amendments to final plan.Building
permitsandotherdevelopmentapprov-
als shall be issued on the basis of the
approved final plan and any condi-
tions of approval. No city administra-
tive personnel are permitted to issue
permits for improvements which are
not indicated on the approved final
plan with the exception of the follow-
ing:
(1)Minor changes.
(a) Minor changes to a planned
unit development may be
approved administratively
and in writing, if at all, by
theplanningdirector,where-
upon a permit may be is-
sued. Such changes may be
authorized without addi-
tional public hearings at the
discretion of the planning
director.Thisprovisionshall
not prohibit the planning
director from requesting a
recommendation from the
DRB, DRC, ADR staff,
WRB or city commission.
(b) Minor changes shall be de-
fined as follows:
(i) Those developments
that do not change the
character of the devel-
opment;
(ii) An increase of less
than five percent in
the approved number
of residential dwell-
ing units;
(iii) An increase of less
than five percent in
the approved gross
leasable floor areas of
retail, service, office
and/orindustrialbuild-
ings;
(iv) A change in building
location or placement
less than 20 percent
of the building width
without compromis-
ing requirements of
the UDO;
§ 38.20.040 BOZEMAN MUNICIPAL CODE
CD38:114PROOFS
(v) An increase in the
number of lots less
thantwopercentwith-
outincreasingtheden-
sity by more than five
percent. This is appli-
cable only to zoning
PUD plans, not sub-
division PUD plats;
(vi) The final plan shall
not contain any
changes which would
allow increased devi-
ation/relaxation of the
requirements of this
chapter; and/or
(vii) The final plat, if ap-
plicable, does not cre-
ate any additional lots
which were not re-
viewed as part of the
preliminary plan sub-
mittal.
(c) When a planned unit devel-
opment has been prepared
in sufficient detail to ad-
dress the concerns of arti-
cle 19 of this chapter in-
cluding but not limited to
general building envelopes,
design character of build-
ings, and landscaping for
some or all of the parcels
within its boundaries the
final site development plans
may be reviewed as an
amendment to the PUD fi-
nal plan. The intention to
use this provision must be
part of the initial submittal
and review of the PUD.
(2)Major changes.
(a) Major changes to a planned
unit development shall be
approved, if at all, only by
the city commission, and
must follow the same
planned unit development
review and public hearing
process required for ap-
proval of preliminary plans.
The final plan shall not
contain any changes which
would allow increased de-
viation/relaxation of the re-
quirements of this chapter
without being individually
noticed and reviewed for
the proposed change.
(b) Major changes shall be de-
fined as follows:
(i) A change in the char-
acter of the develop-
ment;
(ii) An increase of greater
than five percent in
the approved number
of residential dwell-
ing units;
(iii) An increase of greater
than five percent in
the approved gross
leasable floor areas of
retail, service, office
and/orindustrialbuild-
ings;
(iv) Areduction in the ap-
proved open space
and/or affordable
housing units pro-
vided;
(v) A change in the loca-
tion and placement of
buildings; and/or
(vi) An increase in the
number of lots above
what was approved
through the prelimi-
nary plan review.This
is applicable only to
§ 38.20.040UNIFIED DEVELOPMENT CODE
CD38:115PROOFS
zoningPUDplans,not
subdivisionPUDplats.
The final plat, if ap-
plicable, may not cre-
ate any additional lots
which were not re-
viewed as part of the
preliminary plan sub-
mittal.
(Ord. No. 1645, § 18.36.040, 8-15-2005; Ord. No.
1693, § 11(18.36.040), 2-20-2007; Ord. No. 1709,
§ 10(18.36.040), 7-16-2007)
Sec. 38.20.050. Plan submittal requirements.
For each stage of the review process, the appli-
cable information and data described in article 41 of
this chapter shall be submitted unless the planning
director determines that the information is unnec-
essary for the proper evaluation of the development
based on the evaluation of the preapplication re-
view. Only after the planning department has deter-
mined that all required information has been sub-
mitted will the application be processed. When a
proposed PUD includes both a subdivision and
zoning component, a coordinated application on a
form to be provided by the planning department
shall be used to coordinate submittal materials and
prevent redundant requirements.
(Ord. No. 1645, § 18.36.050, 8-15-2005; Ord. No.
1693, § 11(18.36.050), 2-20-2007; Ord. No. 1709,
§ 10(18.36.050), 7-16-2007)
Sec. 38.20.060. Duration of planned unit devel-
opment approval.
A.Duration of preliminary plan approval.The
provisions of this subsection A do not apply to
subdivision elements of a PUD.
1. Within a maximum of one year following
the approval of a preliminary plan, the
applicant shall file with the planning depart-
ment a final plan in detailed form covering
the entirety, or one or more phases, of the
development.
2. Upon application and for good cause, the
planning director may administratively ex-
tend the period for filing a final plan for
twosuccessivesix-monthperiods.Thegrant-
ing of administrative extensions under this
section may, at the discretion of the plan-
ning director, be referred to the city com-
mission.
3. Any additional six-month extensions to the
planned unit development shall be ap-
proved, if at all, only by the city commis-
sion. A request for extension of preliminary
approval under this section must be submit-
ted to the planning director in writing by
the applicant at least 30 calendar days prior
to the date of expiration. Failure to submit
a written request within the specified time
period shall cause forfeiture of the right to
extension of preliminary approval.
4. If no final plan is filed covering all or any
portion of the preliminary plan within the
above time limits, the right to proceed
under the preliminary plan shall expire for
any portion of the preliminary plan for
which a final plan has not been timely filed.
B.Duration of final plan approval.
1. The applicant must undertake and complete
the development of an approved final plan
within two years from the time of final plan
approval. For the purposes of this section, a
development is substantially complete once
all engineering improvements (water, sewer,
streets, curbs, gutter, streetlights, fire hy-
drants and storm drainage) are installed and
completed in accordance with city rules and
regulations. Extensions for two successive
periods of six months may be administra-
tively granted by the planning director. The
granting of administrative extensions under
this section may, at the discretion of the
planning director, be referred to the city
commission.
2. Any additional six-month extensions to the
planned unit development shall be ap-
proved, if at all, only by the city commis-
sion. A request for extension of final ap-
§ 38.20.040 BOZEMAN MUNICIPAL CODE
CD38:116PROOFS
proval under this section must be submitted
to the planning director in writing by the
applicant at least 30 days prior to the date
of expiration. Failure to submit a written
request within the specified time period
shall cause forfeiture of the right to exten-
sion of final approval. Failure to develop
within the specified time limit and improve-
ment requirements shall cause a forfeiture
of the right to proceed under the final plan
and require resubmission of all materials
and reapproval of the same through the
preliminary plan procedures.
3. The timing of all extensions of final plan
approval shall be coordinated with the ap-
proval period established for any subdivi-
sion plat approval that is part of the PUD so
that any expiration dates are consistent.
4. Final plan approval may occur multiple
times under the provisions for phased PUDs
described in section 38.20.070.
(Ord. No. 1645, § 18.36.060, 8-15-2005; Ord. No.
1693, § 11(18.36.060), 2-20-2007; Ord. No. 1709,
§ 10(18.36.060), 7-16-2007)
Sec. 38.20.070. Phasing of planned unit devel-
opments.
A.Applications for phased planned unit devel-
opments.If a planned unit development is intended
to be developed over time in two or more separate
phases, application for approval of a phased planned
unit development shall follow procedures estab-
lished for preapplication review as outlined in this
article. After preapplication review is completed,
phased PUDs may be proposed in accordance with
one of the following procedures:
1.Application for simultaneous approval of
all phases of the PUD.
a. Where all phases of a PUD are planned
in detail, an application for approval
of all phases of the PUD may be made
in accordance with preliminary plan
review and approval procedures out-
lined in this article. In such cases,
preliminary plans and all required sup-
plemental information shall clearly set
forth phased development boundaries,
schedules and other details pertaining
to the phasing of the project.
b. Upon approval of the preliminary plan
for all phases of the PUD, each phase
of the development may occur in ac-
cordance with the review and ap-
proval procedures for final plans as
specified in this article.
2.Application for approval of initial phase of
the PUD with subsequent phases master
planned and subject to development guide-
lines.Where the applicant wishes to gain
preliminary and final approval for the ini-
tial phase of a PUD, and further wishes to
gain master plan and development guide-
lines approval for subsequent phases of the
PUD, preliminary and final plan review and
approval procedures for the initial phase
shall be followed in accordance with this
article. A master plan and development
guidelines for the remaining phases of the
development shall be provided for review
and approval as outlined in subsection B of
this section.
B.Phased PUD approval process.Master plans
and development guidelines shall be reviewed and
approved according to the procedures established
for preliminary plans as established in this article.
When a master plan and development guidelines for
a phased PUD have been reviewed and approved by
the city commission, each phase of the PUD may be
developed in accordance with the review and ap-
proval procedures set forth in this article for final
plan reviews.
C.Phased PUD review criteria.
1. In general, the review criteria for phased
preliminary and final PUDs shall be the
same as that for PUDs as set forth in this
chapter.
2. In those cases where master plans and
development guidelines are proposed to
§ 38.20.070UNIFIED DEVELOPMENT CODE
CD38:117PROOFS
govern the development of future phases of
the PUD, the city commission must deter-
mine that the proposed master plan and
development guidelines are provided in
sufficient detail to support a determination
that the phased PUD will comply with all
requirements for PUD approval if devel-
oped in accordance with the approved mas-
ter plan and development guidelines.
3. DRB or ADR staff, as applicable, and DRC
review and approval of preliminary and
final plans, for those phases of a PUD
which have an approved master plan and
development guidelines, shall ensure com-
pliance and consistency with said master
plan and development guidelines.
4. Should DRC, DRB or ADR staff, as appli-
cable, determine that proposals to develop
subsequent phases of a PUD are not in
compliance with the approved master plan
and development guidelines, the determina-
tion may be appealed to the city commis-
sion subject to the provisions of article 35
of this chapter.
D.Phased planned unit development submittal
requirements.
1.Master plan submittal requirements.Master
plans for phased PUDs shall consist of a
detailed site plan depicting:
a. Existingconditionsfortheentirephased
PUD as required by section
38.41.120.A.2 and 3; and
b. Proposed conditions pertaining to such
elements as building location, open
spaces, vehicular and pedestrian cir-
culation, and boundaries of the indi-
vidual phases of the PUD in as much
detail as is required by the evaluation
of the preapplication review as out-
lined in this article.
2.Development guidelines submittal require-
ments.Development guidelines for phased
PUDs shall be submitted to the planning
director as part of the application submittal
in one or more orderly documents. Each
document shall contain a table of contents
and shall be in an 81/2- by 11-inch vertical
format, bound to open flat for review. All
graphic representations shall be in 81/2- by
11-inch or 11- by 17-inch format. Develop-
ment guidelines for phased PUDs shall
contain the information as is required by
the evaluation of the preapplication review
as outlined in this article. Such information
may include, but is not limited to, the
following:
a. A description of submittal require-
ments and review procedures for the
approval of preliminary and final plans
submitted in accordance with the mas-
ter plan and development guidelines
(to be developed with the assistance
of staff);
b. Adescription of the coordination with
any other applicable review proce-
dures, e.g., subdivision review;
c. A complete list of proposed or poten-
tial land uses;
d. Sign guidelines: type, location, de-
sign, illumination, size and height;
e. Perimeter buffering guidelines with
specific regard to adjoining land uses;
f. Landscaping guidelines, including a
description of the landscaping theme
in relation to the streetscape, the build-
ings on site, and any proposed signage,
open space treatment, parking and
circulation areas, display areas and
screening;
g. Design guidelines for outdoor storage
and/or display;
h. Protective covenants which may in-
clude requirements, property owners'
association provisions, provisions for
maintenance, etc.;
§ 38.20.070 BOZEMAN MUNICIPAL CODE
CD38:118PROOFS
i. Parking: guidelines for design, provi-
sion for shared facilities, circulation
between lots, coordination with side-
walk system, and service areas;
j. Dimensional requirements: building
heights, setbacks (interior and perim-
eter), open space, etc.;
k. Lighting;
l. Architectural guidelines;
m. Provisions for utilities, communica-
tions and refuse;
n. Guidelines for noise, emissions, glare,
hazardous materials, etc.; and
o. Improvements schedule.
E.Open space provisions for phased PUD de-
velopments.If a project is to be built in phases, each
phase shall include an appropriate share of the
proposed recreational, open space, affordable hous-
ing and other site and building amenities of the
entire development used to meet the requirements
of section 38.20.090.E.2. The appropriate share of
the amenities for each phase shall be determined for
each specific project at the time of preliminary
approval and shall not be based solely upon a
proportional or equal share for the entire site.
Requirements may be made for off-site improve-
ments on a particular phased project.
F.Final plans for phased PUD developments.
Final plans for a planned unit development may be
submitted in phases. The final plan shall conform to
the preliminary plan of a planned unit development,
as approved.
G.Duration of phased PUD development guide-
lines approval.Within a maximum of five years
following the approval of development guidelines
for a planned unit development, development must
commence or the development guidelines must be
reviewed for renewal. Any subsequent approvals of
a preliminary plan must conform to the develop-
ment guidelines.
(Ord. No. 1645, § 18.36.070, 8-15-2005; Ord. No.
1693, § 11(18.36.070), 2-20-2007; Ord. No. 1709,
§ 10(18.36.070), 7-16-2007)
Sec. 38.20.080. Enforcementofapprovalrequire-
ments and conditions.
A. The occurrence of either of the following
events may subject the applicant to the enforcement
remedies contained in article 34 of this chapter:
1. Failure to comply with any terms, condi-
tions or limitations contained on the site
plan, landscape plan, building elevations or
other approved documents pertaining to a
planned unit development which has re-
ceived final approval from the city.
2. Failure to comply with any conditions on
record imposed by the city commission
upon its review of the master or preliminary
plans, or any conditions imposed by the
DRC or ADR through the review of the
final plan for the planned unit development,
under the provisions of article 20 of this
chapter, Planned Unit Development (PUD).
(Ord. No. 1645, § 18.36.080, 8-15-2005; Ord. No.
1693, § 11(18.36.080), 2-20-2007; Ord. No. 1709,
§ 10(18.36.080), 7-16-2007)
Sec. 38.20.090. Planned unit development de-
sign objectives and criteria.
A.General.For any planned unit development
proposal to be approved it must first be found, by
the city commission, after recommendation from
the DRC, DRB or WRB (if applicable), to be in
compliance with this chapter including any appli-
cable criteria of this section.
B.Land use classifications.
1. The design objectives and criteria with
which a planned unit development proposal
must comply are dependent upon the des-
ignated growth policy land use classifica-
tion and zoning district of the site proposed
for the planned unit development.
2. All planned unit developments are re-
viewed against the objectives and criteria
designated for all development. Each indi-
vidual planned unit development is then
reviewed against the objectives and criteria
§ 38.20.090UNIFIED DEVELOPMENT CODE
CD38:119PROOFS
established for the land use classification of
the site on which the proposal is to be
located. A planned unit development must
satisfy all the objectives and criteria of all
applicable groups.
3. In evaluating planned unit developments,
the city may determine that certain criteria
are not applicable or are irrelevant to a
particular development proposal and there-
fore do not apply to that proposal unless
those criteria are applicable to a deviation
which is being sought by the applicant.
Subsection E of this section contains the
groups of objectives and criteria against
which planned unit developments are re-
viewed.
C.Evaluation process.The acceptability and
performance of a planned unit development pro-
posal shall be evaluated as follows: Each of the
relevant objectives and criteria for the applicable
land use classification and for all development
contained in subsection E of this section, will be
answered "Yes," "No" or "Not Applicable" (NA). A
"No response" to any of the applicable objectives
and criteria will automatically preclude the devel-
opment proposal from further consideration and
eventual approval, unless a deviation is granted by
the city commission. An objective or criterion is
considered to be applicable if it can reasonably be
applied to the development proposal. The applicant
shall clearly demonstrate how the planned unit
development specifically addresses each applicable
objective and criterion.
D.Responsibility for impact mitigation.To pro-
tect the character of new and existing neighbor-
hoods against intrusive and disruptive development,
any negative or adverse impacts shall be effectively
mitigated in the planned unit development plan, as
per the following guidelines:
1. When two adjacent parcels are developed
simultaneously, the responsibility for miti-
gating conflicts is upon the more intense
use.
2. When a use is the first to develop on two
adjacent vacant parcels, the first use shall
provide the necessary buffer to any reason-
able future use as determined by the city.
3. The second use to develop shall, at the time
it develops, take all additional steps neces-
sary to mitigate conflicts.
4. However, when a planned unit develop-
ment includes a use or uses which are not
otherwise permitted in the underlying zon-
ing district, the responsibility for impact
mitigation shall lie exclusively with the
planned unit development proposal.
E.Design objectives and PUD review criteria.
1. The city will determine compatibility of a
project based upon the evidence presented
during evaluation of the community design
objectives and criteria of this chapter.
2. In addition to the criteria for all site plan
and conditional use reviews, the following
criteria will be used in evaluating all planned
unit development applications.
a. All development. All land uses within
a proposed planned unit development
shall be reviewed against, and comply
with, the applicable objectives and
criteria of the mandatory "all develop-
ment" group.
(1) Does the development comply
with all city design standards,
requirements and specifications
for the following services: water
supply, trails/walks/bike ways,
sanitary supply, irrigation com-
panies, fire protection, electric-
ity, flood hazard areas, natural
gas, telephone, storm drainage,
cable television, and streets?
(2) Does the project preserve or re-
place existing natural vegeta-
tion?
(3) Are the elements of the site plan
(e.g., buildings, circulation, open
§ 38.20.090 BOZEMAN MUNICIPAL CODE
CD38:120PROOFS
space and landscaping, etc.) de-
signed and arranged to produce
an efficient, functionally orga-
nized and cohesive planned unit
development?
(4) Does the design and arrange-
ment of elements of the site plan
(e.g., building construction, ori-
entation, and placement; trans-
portation networks; selection and
placement of landscape materi-
als; and/or use of renewable en-
ergy sources; etc.) contribute to
the overall reduction of energy
use by the project?
(5) Are the elements of the site plan
(e.g., buildings, circulation, open
space and landscaping, etc.) de-
signed and arranged to maxi-
mize the privacy by the residents
of the project?
(6) Park land. Does the design and
arrangement of buildings and
open space areas contribute to
the overall aesthetic quality of
the site configuration, and has
the area of park land or open
space been provided for each
proposed dwelling as required
by section 38.27.020.
(7) Performance.AllPUDsshallearn
at least 20 performance points.
Nonresidential developments
within the North 19th Avenue/
Oak Street corridor shall earn 30
points. Points may be earned in
any combination of the follow-
ing. The applicant shall select
the combination of methods but
the city may require documenta-
tion of performance, modifica-
tions to the configuration of open
space, or other assurances that
the options selected shall per-
form adequately.
(a)Provision of affordable
housing.Exclusive of hous-
ing used to satisfy chapter
10, article 8:
(i) Four points for each
percent of dwellings
to be constructed in
the residential devel-
opmentwhicharepro-
vided by donation to
the city; or — one
point for each build
ready lot donated to
the city for affordable
housing provided by
a residential or non-
residential develop-
ment; or
(ii) One point for each
percent of dwellings
to be constructed in
the residential devel-
opmentwhicharepro-
vided by long term
contractual obligation
to an affordable hous-
ing agency, for a pe-
riod of not less than
20 years, with a writ-
ten plan assuring on-
going affordability
pricing and eligibility
monitoring, and an-
nual re-certification.
Thecity'saffordability
guidelines and subse-
quent revisions shall
establish affordability
and eligibility;
(b)Additional open space.
(i) One point for each
percent of the project
§ 38.20.090UNIFIED DEVELOPMENT CODE
CD38:121PROOFS
area that is provided
as non-public open
space; or 11/4 points
for each percent of
the project area that is
provided as publicly
accessible open space.
(ii) The portion of the
project to be consid-
ered in determining
the size of area to be
provided for open
space shall be the
gross project area less
areas dedicated and
transferred to the pub-
lic, and/or used to
meet the park lands
requirements of sub-
section E.2.a.(6) of
this section. The area
provided for open
space shall be exclu-
sive of yard setbacks
onindividuallyowned
lots and interior park-
ing lot landscaping,
and subject to the per-
formance standards of
article 27 of this chap-
ter. The area may be
provided through a
combination of one or
more of the following
means:
(A) Open space
within the proj-
ect boundaries
and commonly
heldbytheprop-
erty owners as-
sociation for the
use of owners,
residents and
their guests;
(B) Open space
within the proj-
ect boundaries
anddevelopedas
usablerecreation
space with a cor-
responding pub-
licuseeasement;
(C) Outside of the
project boundar-
ies as an addi-
tion to an exist-
ing off-site park
adequate in lo-
cation and size
to meet the rec-
reational needs
of the residents;
(D) Cash-in-lieu of
open space sub-
ject to the stan-
dards of section
38.27.030; or
(E) Open space out-
side of the proj-
ect boundaries
adequate in size
and location to
meet the recre-
ational needs of
the residential
development
onlywiththeap-
provalofthecity
commission.The
site is subject to
the standards of
article 27 of this
chapterandmust
demonstrate a
geographic and
service relation-
ship to the resi-
dential develop-
ment.
§ 38.20.090 BOZEMAN MUNICIPAL CODE
CD38:122PROOFS
(c)Adaptive reuse of historic
buildings.Two points for
each ten percent of total
number of dwelling units
in a residential develop-
ment which are provided
by the adaptive reuse of an
individually listed or eligi-
bletobelistedhistoricstruc-
ture; one point for each ten
percent of total commer-
cial and/or industrial floor
area which is provided by
the adaptive reuse of an
individually listed or eligi-
bletobelistedhistoricstruc-
ture; up to a total of one-
third of the performance
pointsrequiredtobeearned.
(d)Underutilized and
brownfield sites.One point
for each 50 percent in-
crease in the total square
footage of commercial
and/or industrial floor area
on underutilized sites; one
point for each 50 percent
increase in the total num-
ber of dwelling units on
underutilizedsites;onepoint
for each acre developed of
the environmentally con-
taminated land; up to a to-
tal of one-third of the per-
formance points required to
be earned.
(8) Is the development being prop-
erly integrated into development
and circulation patterns of adja-
cent and nearby neighborhoods
so that this development will not
become an isolated "pad" to ad-
joining development?
b.Residential.Planned unit develop-
ments in residential areas (R-S, R-1,
R-2, R-3, R-4, RMH, R-O and
NEHMU zoning districts) may in-
clude a variety of housing types de-
signed to enhance the natural environ-
mental, conserve energy, recognize,
and to the maximum extent possible,
preserve and promote the unique char-
acter of neighborhoods, with provi-
sions for a mix of limited commercial
development. For purposes of this
section, "limited commercial develop-
ment" means uses listed in the B-1
neighborhood service district (article
10 of this chapter), within the param-
eters set forth below. All uses within
the PUD must be sited and designed
such that the activities present will not
detrimentally affect the adjacent resi-
dential neighborhood.
(1) On a net acreage basis, is the
average residential density in the
project (calculated for residen-
tial portion of the site only) con-
sistent with the development den-
sities set forth in the land use
guidelines of the city growth
policy?
(2) Does the project provide for pri-
vate outdoor areas (e.g., private
yards, patios and balconies, etc.)
for use by the residents and em-
ployees of the project which are
sufficient in size and have ade-
quate light, sun, ventilation, pri-
vacy and convenient access to
thehouseholdorcommercialunits
they are intended to serve?
(3) Does the project provide for out-
door areas for use by persons
living and working in the devel-
opment for active or passive rec-
reational activities?
(4) If the project is proposing a
residential density bonus as de-
scribed below, does it include a
§ 38.20.090UNIFIED DEVELOPMENT CODE
CD38:123PROOFS
varietyofhousingtypesandstyles
designed to address community
wide issues of affordability and
diversity of housing stock?
(5) Is the overall project designed to
enhance the natural environ-
ment, conserve energy and to
provide efficient public services
and facilities?
(6) Residential density bonus. If the
project is proposing a residential
density bonus (30 percent maxi-
mum) above the residential den-
sity of the zoning district within
which the project is located and
which is set forth in article 8 of
this chapter, does the proposed
project exceed the established
regulatory design standards (such
as for setbacks, off-street park-
ing, open space, etc.) and ensure
compatibilitywithadjacentneigh-
borhood development?The num-
ber of dwelling units obtained
by the density bonus shall be
determined by dividing the lot
area required for the dwelling
unit type by one plus the percent-
age of density bonus sought. The
minimum lot area per dwelling
obtained by this calculation shall
be provided within the project.
Those dwellings subject to chap-
ter 10, article 8, shall be ex-
cluded in the base density upon
which the density bonus is cal-
culated.
(7) Limited commercial. If limited
commercial development, as de-
fined above, is proposed within
the project, is less than 20 per-
cent of the gross area of the PUD
designated to be used for offices
or neighborhood service activi-
ties not ordinarily allowed in the
particular residential zoning dis-
trict?
(a) If neighborhood service ac-
tivities are proposed within
theproject,isamarketanal-
ysis provided demonstrat-
ing that less than 50 per-
cent of the market required
to support proposed neigh-
borhood service activities
is located outside the im-
mediate area of the PUD
and are the neighborhood
services of a nature that
does not require drive-in
facilities or justification for
through traffic?
(b) If the project contains lim-
ited commercial develop-
ment, as defined above, is
the project located at the
intersection of arterial
streets, or arterial and col-
lector streets?
(c) If the project contains lim-
ited commercial develop-
ment, as defined above, has
the project been sited and
designed such that the ac-
tivities present will not det-
rimentally affect the adja-
cent residential
neighborhood and have the
commercial activities been
developed at a scale com-
patible with residential de-
velopment?
(8) Does the overall PUD recognize
and, to the maximum extent pos-
sible, preserve and promote the
unique character of neighbor-
hoods in the surrounding area?
c.Commercial.Planned unit develop-
ments in commercial areas (B-1, B-2,
§ 38.20.090 BOZEMAN MUNICIPAL CODE
CD38:124PROOFS
B-3 and UMU zoning districts) may
include either commercial or multi-
household development, however ad-
equate but controlled access to arterial
streets is essential. Activities would
include a broad range of retail and
serviceestablishmentsdesignedtoserve
consumer demands of the city area.
(1) If the project contains any use
intended to provide adult amuse-
ment or entertainment, does it
meet the requirements for adult
businesses?
(2) Is the project contiguous to an
arterial street, and has adequate
but controlled access been pro-
vided?
(3) Is the project on at least two
acres of land?
(4) If the project contains two or
more significant uses (for in-
stance, retail, office, residential,
hotel/motel and recreation), do
the uses relate to each other in
termsoflocationwithinthePUD,
pedestrian and vehicular circula-
tion, architectural design, utiliza-
tion of common open space and
facilities, etc.?
(5) Is it compatible with and does it
reflect the unique character of
the surrounding area?
(6) Is there direct vehicular and pe-
destrian access between on-site
parking areas and adjacent exist-
ing or future off-site parking ar-
eas which contain more than ten
spaces?
(7) Does the project encourage infill,
or does the project otherwise
demonstrate compliance with the
land use guidelines of the city
growth policy?
(8) Does the project provide for out-
door recreational areas (such as
additional landscaped areas, open
spaces, trails or picnic areas) for
the use and enjoyment of those
living in, working in or visiting
the development?
d.Industrial.Planned unit industrial de-
velopments in industrial areas (M-1,
M-2, BP and NEHMU zoning dis-
tricts)mayincludeemployment,whole-
saling, manufacturing and utility cen-
ters for the community. The particular
types or combination of uses shall be
determined based upon its merits, ben-
efits, potential impact upon adjacent
land uses and the intensity of devel-
opment.
(1) Is the project located adjacent to
an arterial or collector street that
provides adequate access to the
site?
(2) Is the project developed such
that the least intense uses shall
be located along the arterial
streets, where visibility to the
public is likely? More intense
uses such as heavy industrial
uses and warehousing activities
will be located away from the
arterial streets, buffered by the
other uses.
(3) Does the project utilize a land-
scaping theme that will tie adja-
cent uses or projects together?
(4) Is the project being developed
on land substantially surrounded
by property approved for devel-
opment or developed property
with existing services and utili-
ties already available?
(Ord. No. 1645, § 18.36.090, 8-15-2005; Ord. No.
1693, § 11(18.36.090), 2-20-2007; Ord. No. 1709,
§ 10(18.36.090), 7-16-2007)
§ 38.20.090UNIFIED DEVELOPMENT CODE
CD38:125PROOFS
Sec. 38.20.100. North 19th Avenue/West Oak
Street entryway corridors.
A. Intent and purpose. It is the intent and pur-
pose of this section to establish the planned unit
development (PUD) review procedures as a method
to guide future growth and development within the
area of the North 19th Avenue/West Oak Street
Corridor Master Plan. It is further intended to
ensure that future growth and development will
occur in accord with the goals and objectives of the
North 19th Avenue/West Oak Street Corridor Mas-
ter Plan and it successors as a subarea plan to the
city growth policy.
B. Application. Planned unit development pro-
visions shall apply to all nonresidential develop-
ment proposals located in the North 19th Avenue
and West Oak Street Entryway Corridor areas as
designated on the land use plan of the North 19th
Avenue/West Oak Street Corridor Master Plan and
on the city's official zoning map as follows:
1. North 19th Avenue. (Class I and Class II
corridor) All nonresidential development
within the North 19th Avenue Entryway
Corridor, between Durston Road and the
North 19th Avenue-Interstate 90 Inter-
change,measured660feetfromthecenterline
of North 19th Avenue, exclusive of the
following:
a. Between Durston Road and the south
boundary of Covered Wagon Mobile
Home Court, a Class II entryway
corridor overlay classification shall be
applied to the east side of North 19th
Avenue, measured 330 feet from the
centerline of North 19th Avenue.
2. West Oak Street. (Class I and Class II
corridor) All nonresidential development
within the West Oak Street Entryway Cor-
ridor between North 7th Avenue and Rose
Park shall be applied within such corridor
as follows:
a. Between North 7th Avenue and North
19th Avenue, measured 660 feet from
the centerline of West Oak Street; or
b. Between North 19th Avenue and the
east boundary of Rose Park, measured
330 feet from the centerline of West
Oak Street.
C. It is required that any developments subject
to this section comply with all of the specific
development standards of the design objectives plan
for North 19th Avenue/West Oak Street Corridors.
Residential developments within this corridor are
not required to be developed as a planned unit
development, but do need to comply with the
specific development standards of the design objec-
tives plan for North 19th Avenue/West Oak Street
Corridors.
(Ord. No. 1645, § 18.36.100, 8-15-2005; Ord. No.
1693, § 11(18.36.100), 2-20-2007; Ord. No. 1709,
§ 10(18.36.100), 7-16-2007)
ARTICLE 21. GENERAL LAND USE
STANDARDS AND REQUIREMENTS
Sec. 38.21.010. Area requirements for individ-
ual buildings - restrictions.
No part of any yard, or other open space, or
off-street parking or loading space required about or
in connection with any building for the purpose of
complying with this chapter, shall be included as
part of a yard, open space or off-street parking or
loading space similarly required for any other
building except as provided in section 38.25.050.
(Ord. No. 1645, § 18.38.010, 8-15-2005; Ord. No.
1761, exh. F(18.38.010), 7-6-2009)
Sec. 38.21.020. Yards and lots reduction prohib-
ited.
No yard or lot existing at the time of adoption
date of the ordinancefrom which this chapter is
derived shall be reduced in dimension or area below
the minimum requirements of this chapter except as
set forth herein. Yards or lots created after the
effective date of said ordinance shall meet at least
the minimum requirements established by this chap-
ter.
(Ord. No. 1645, § 18.38.020, 8-15-2005; Ord. No.
1761, exh. F(18.38.020), 7-6-2009)
§ 38.20.100 BOZEMAN MUNICIPAL CODE
CD38:126PROOFS
Sec. 38.21.030. Useoflands;buildingsandstruc-
tures.
A. Only uses specifically identified by this chap-
ter to be built. No building, or structure or part
thereof shall be erected, altered or enlarged for a
use, nor shall any existing building, structure or part
thereof, or land, be used for a purpose or in a
manner that is not in conformity with the uses listed
as authorized uses for the zone in which such
buildings, structure or land is situated. In addition,
any land, building or structure to be erected or used
for a purpose listed as a conditional use in such
zone shall first receive approval from the city
commission. Existing nonconforming uses and struc-
tures shall be governed by article 32 of this chapter.
B. No building, or part thereof, or structure shall
be erected, nor shall any existing building be
altered, enlarged or rebuilt, or moved into any zone,
nor shall any open space be encroached upon or
reduced in any manner, except in conformity to the
yard and setback regulations designed for the zone
in which such building or open space is located,
except as otherwise specified in this chapter.
C. Recreational vehicle parking on residential
lot. No person shall park or occupy any recreational
vehicle or mobile home on the premises of any
occupied dwelling or on any lot which is not a part
of the premises of any occupied dwelling, either of
which is situated outside of any approved manufac-
tured home community or recreational vehicle park
except that:
1. The parking of only one unoccupied recre-
ational vehicle in any accessory private
garage, or in a rear yard in any district is
permitted, providing no living quarters shall
be maintained or any business practiced in
the recreational vehicle while such recre-
ational vehicle is so parked or stored; and
2. In the event of hardship, temporary use
permits may be granted for occupying such
recreational vehicle or mobile home.
D. Municipal infrastructure requirements.
1. Whenever any building lots and/or building
sites are created inside the city limits or
existing lots are annexed, and prior to the
issuance of any building permits on such
lots or sites, municipal water distribution,
municipal sanitary sewer collection, and
streets shall be provided to the site. Each
building site must utilize and be connected
to both the municipal water distribution and
municipal sanitary sewer collection sys-
tems. Installation of improvements is sub-
ject to article 39 of this chapter.
a. Alternative. When in the city's sole
determination it is in the city's long
term best interests to allow a building
lot or site to be created or developed
without immediate access to either
municipal water or municipal sewer
the city may, in its sole discretion,
make such allowance when all of the
following have been met:
(1) The nonmunicipal system to ser-
vice the lot or site shall be de-
signed, reviewed and constructed
to meet city standards. Systems
serving more than one lot or user
shall be central systems;
(2) The nonmunicipal system shall
be designed and constructed in a
manner to allow connection to
the municipal system compo-
nents shown in applicable facil-
ity plans to serve the property at
such time as it becomes avail-
able;
(3) The landowner shall provide
waivers of right to protest cre-
ation of SIDs or other financing
methods to extend municipal wa-
ter and sewer services. Such ex-
tensions or connections may re-
quire construction of system
components that are not imme-
diately adjacent to the building
lot or site;
(4) The landowner shall agree to
connect to municipal water and
§ 38.21.030UNIFIED DEVELOPMENT CODE
CD38:127PROOFS
sewer services and abandon and
remove nonmunicipal services
when so instructed by the city.
Such agreement shall be binding
on all successors and run with
the land;
(5) If the city takes responsibility to
operate the nonmunicipal sys-
tem it may impose a surcharge to
cover extra operational expenses.
City operation of the system is at
the city's discretion;
(6) The requirement for future con-
nection to the municipal water
and/or sewer system, waivers and
agreements, and other applicable
materials shall be either noted
on the plat or final plan or a
separate notice be recorded at
the county clerk and recorder's
office so that such notice will
appear on a title report or ab-
stract of the property;
(7) No nonmunicipal water or sewer
systems shall be constructed un-
til it has received all necessary
approvals from the state depart-
ment of environmental quality,
City of Bozeman, County Envi-
ronmental Health, and any other
relevant agency; and
(8) The use of municipal water or
sewer systems is considered to
be the best means to protect the
public interest and welfare. The
alternative for the use of
nonmunicipalsystemsisintended
to be used sparingly and in ex-
traordinary circumstances. In or-
der to protect the public interest,
in approving a nonmunicipal sys-
tem the city may impose such
conditionsofapprovalasitdeems
necessary.
2. These improvements shall be designed, con-
structed and installed according to the stan-
dards and criteria as adopted by the city and
approved by both the city engineer and
water and sewer superintendent prior to the
issuance of any building permits.
3. When municipal water distribution and mu-
nicipal sanitary sewer collection systems
are being provided to serve a development
proposal occurring under the provisions of
article 20 of this chapter, planned unit
development (PUD), the issuance of a build-
ing permit may be allowed prior to comple-
tion of the public infrastructure, provided
the criteria of section 38.39.030 are met.
4. Notwithstanding the provisions of subsec-
tion D.3 of this section, the city may limit
the scope, type and number of projects
eligible for simultaneous construction con-
sideration.
(Ord. No. 1645, § 18.38.030, 8-15-2005; Ord. No.
1761, exh. F(18.38.030), 7-6-2009)
Sec. 38.21.040. Dwelling unit restrictions.
A.No use of unfinished structures.No cellar,
garage, tent, tepee, yurt, basement with unfinished
structure above, accessory building, or vehicle; or
any manufactured home or recreational vehicle
outside of an approved manufactured home com-
munity, recreational vehicle park, or approved indi-
vidual lot in accordance with section 38.22.130
shall at any time be used as a dwelling unit, unless
approved for use as a temporary dwelling unit due
to a demonstrated hardship.
B.Use of basements.The basement portion of a
finished home shall be properly damp-proofed and
have heating, ventilation, suitable fire protection
and exits if used for living purposes, and natural
lighting.
(Ord. No. 1645, § 18.38.040, 8-15-2005;Ord. No.
1761, exh. F(18.38.040), 7-6-2009)
Sec. 38.21.050. Accessory buildings, uses and
equipment.
A. An accessory building shall be considered an
integral part of the principal building if it is con-
nected to the principal building by a common wall
for not less than five feet.
§ 38.21.030 BOZEMAN MUNICIPAL CODE
CD38:128PROOFS
B. Accessory buildings, uses or equipment shall
not be stored or constructed between the front lot
line and required front building line.
C. Accessory buildings and garages shall not be
located within a utility easement without written
approval of the easement holder.
D. Accessory buildings in any business or indus-
trial district may be located only to the rear of the
front line of the principal building.
E. No accessory building shall exceed the foot-
print of the principal building unless such accessory
building has been otherwise approved per this
chapter. An accessory building shall not either:
1. Exceed the height of the principal building
unless such accessory building has been
otherwise approved per this chapter; or
2. Within a residential district, exceed a height
of 11/2 stories, where a half story is estab-
lished by a side wall, under a sloped roof,
of three feet in height or less above the
floor level within space allowed to be
occupied by persons by the International
Building Code.
3. The height between finished floor to fin-
ished floor shall not exceed 12 feet in
residential districts. A greater height be-
tween finished floors may be approved in
nonresidential districts if the other require-
ments of this chapter are met.
F. Mechanical equipment screening.
1. Rooftop mechanical equipment should be
screened. Screening should be incorporated
into the roof form when possible. The
requirement for screening of rooftop me-
chanical equipment does not apply to solar
or wind energy collection devices.
2. Ground-mountedmechanicalequipmentshall
be screened from public rights-of-way with
walls, fencing or evergreen plant materials.
Mechanical equipment shall not encroach
into required setbacks.
G. Detached structures setback requirements.
1. Accessory structures less than or equal to
120 square feet in footprint shall not be
located in any front, side, or corner-side
yard and shall maintain a minimum setback
of three feet from the property lines in the
rear yard.
2. Accessory structures greater than 120 square
feet but less than or equal to 600 square feet
in footprint shall not be located in any front,
side, or corner-side yard. The accessory
structure shall be set back a minimum of
either: six feet, or when parking is provided
between the structure and the rear property
line, 20 feet except when required parking
spaces need a greater setback for back-up
maneuverability. See the following exam-
ples:
Alley
Right-of-
Way Width
Setback
for
Garage
Setback for a
Garage with
Stacked Parking
Off of an Alley
30 feet 6 feet 20 feet
20 feet 6 feet 26 feet
16 feet 10 feet 30 feet
14 feet 12 feet 32 feet
3. Accessory structures greater than 600 square
feet shall not be located in any required
front, rear, or side yard and shall provide
adequate back-up maneuverability for re-
quired parking spaces.
H. Structures may occupy not more than 20
percent of the area of the lot located to the rear of
the principal building.
I. All structures located within the neighborhood
conservation or entryway corridor overlay districts
require a certificate of appropriateness.
J. More than two deviations shall not be granted
for any accessory structure.
(Ord. No. 1645, § 18.38.050, 8-15-2005; Ord. No.
1761, exh. F(18.38.050), 7-6-2009)
§ 38.21.050UNIFIED DEVELOPMENT CODE
CD38:129PROOFS
Sec. 38.21.060. Yard and height encroachments,
limitations and exceptions.
A.Permitted encroachments into yards.The fol-
lowing shall be permitted encroachments into re-
quired yards, subject to any and all applicable
International Building Code requirements:
1. Architectural features which do not add
usable area to a structure, such as chim-
neys, balconies, stairways, wing walls, bay
windows, sills, pilasters, lintels, cornices,
eaves, gutters, awnings, window wells and
steps, provided such architectural features
do not extend more than five feet into any
required front or rear yard;
2. Architectural features, which do not add
usable area to a structure, such as chim-
neys, balconies, stairways, wing walls, bay
windows, sills, pilasters, lintels, cornices,
awnings, window wells and steps, provided
such architectural features do not extend
more than two feet into any required side
yard, except that eaves and gutters may
extend 2.5 feet into any required side yard;
3. Terraces and patios, uncovered decks and
stoops or similar features, provided that
such features shall not extend above the
height of the ground floor level of the
principal structure nor more than five feet
into any required front or rear yard or two
feet into any required side yard;
4. Where porches, covered terraces and cov-
ered decks occupy not more than one-third
of the length of the building wall, excluding
the width of the garage if applicable they
may encroach:
a. Wheretherequiredfrontyardisgreater
than 15 feet, not more than five feet
into any required front yard;
b. Not more than five feet into a required
rear yard;
c. Not more than two feet into any re-
quired side yard; and
5. Fire escapes may be permitted in required
side or rear yards only;
6. Wheelchair ramps may encroach into any
required yard, but shall not be located
closer than three feet from any property
line; and
7. Flagpoles,ornamentalfeatures,trees,shrubs,
walkways, and nameplate signs may be
located within a required yard. Street vision
triangle requirements apply.
B.Zero lot line conditions.In districts where
zero side yard setbacks are not otherwise allowed,
where an individual owns two or more adjoining
lots, or where the owners of two or more adjoining
lots make legal written agreement recorded at the
county clerk and recorder, a zero lot line concept
may be used for commercial or single-household
dwelling unit developments. In residential districts
this may result in the creation of a two-household
residential structure, only in districts permitting
such a structure, or the creation of townhouse
clusters in districts permitting such structures. In all
such cases in residential districts, a minimum eight-
foot side yard shall be maintained adjacent to the
exterior side, or nonzero lot line side, of the
structure.
C.Special yard setbacks.
1. Where the required setback is greater than
15 feet, the corner side yard for any corner
lot not located on an arterial street may be
15 feet. However, where the vehicular ac-
cess to a garage is located on the frontage
of the corner side yard, the portion acces-
sible to vehicles shall maintain at least a
20-foot setback.
2. A 25-foot front yard or corner side yard
shall be provided on all arterials designated
in the city growth policy, except within the
B-3 district.
3. Setbacks from watercourses as set forth in
section 38.23.100.
4. Setbacks from intersections as set forth in
section 38.24.090.
§ 38.21.060 BOZEMAN MUNICIPAL CODE
CD38:130PROOFS
D.Height limitation exceptions.
1.Non-specific exemptions.No building, or
part thereof, or structure shall be erected,
reconstructed or structurally altered to ex-
ceed in height the limit herein designated
for the district in which such building is
located, except as is specified in article 35
of this chapter, or as specifically authorized
by the city commission as an approved
condition of a planned unit development.
Such approved conditions must include the
recommendations of the city fire marshal.
2.Specific exemptions.
a. Height limitations shall not apply to
church spires, belfries, cupolas and
domes; monuments; chimneys and
smokestacks; flag poles; public and
private utility facilities; parapet walls
extending no more than four feet above
the limiting height of the building
except as hereinafter provided; ama-
teur radio antennae; solar energy col-
lectors and equipment used for the
mounting or operation of such collec-
tors; and building mounted horizontal
and vertical axis wind energy collec-
tors under 15 feet in height from the
building mounting surface and equip-
ment used for the mounting or opera-
tion of such collectors.
b. Places of public assembly in churches,
schools and other permitted public
and semipublic buildings may exceed
height limitations otherwise estab-
lished by this chapter, provided that:
(1) These are located on the ground
floor of such buildings; and
(2) That for each one foot by which
the height of such building ex-
ceeds the maximum height oth-
erwise permitted in the district,
its side and rear yards shall be
increased in width or depth by
an additional one foot over the
side and rear yards required in
the district.
c. Elevator and stair penthouses, water
tanks, monitors and scenery lofts are
exempt from height limitations other-
wise established in this chapter, pro-
vided that no linear dimension of any
such structure exceed 50 percent of
the corresponding street frontage line.
d. Towers and monuments, cooling tow-
ers, gas holders or other structures,
where the manufacturing process re-
quires a greater height, and grain ele-
vators and silos are exempt from this
chapter, provided that any structure
above the height otherwise permitted
in the district shall occupy no more
than 25 percent of the area of the lot
and shall be at least 25 feet from every
lot line.
e. Height restrictions for wireless facili-
ties are governed by article 29 of this
chapter.
(Ord. No. 1645, § 18.38.060, 8-15-2005; Ord. No.
1761, exh. F(18.38.060), 7-6-2009)
Sec. 38.21.070. Standards for specific site im-
pacts and elements.
A.Surface-water ponding.Natural ponding ar-
eas shall be retained as much as possible or, if
necessary, enlarged or modified as directed by the
city engineer to restrict the off-site runoff, subject to
the stormwater runoff control provisions of this
chapter and the city's stormwater drainage require-
ments.
B.Trash and garbage incineration.No exterior
incineration of materials is permitted except as
allowed by the department of public safety.
C.Smoke, dust and other particulate matter.The
emission of smoke or other particulates from any
point source shall not exceed a density greater than
that permitted by Method 9, 40 CFR 60 Appendix
§ 38.21.070UNIFIED DEVELOPMENT CODE
CD38:131PROOFS
A. Dirt, dust, fly ash and other forms of particulate
matter shall not be emitted beyond the property
lines of the use creating the particulate matter.
D.Bulk storage (liquid).All uses associated
with bulk storage of all gasoline, liquid fertilizer,
chemicals, flammable and similar liquids shall com-
ply with International Building Code and Interna-
tional Fire Code requirements and any applicable
county regulations.
F.Water quality, hazardous wastes and waste-
water.Discharge of hazardous waste, chemicals or
wastewater will be subject to state department of
environmental quality standards and permitting pro-
cesses. But in no case shall any hazardous waste,
hazardous chemicals or hazardous wastewater be
discharged into any perennial stream within the city.
G.Odors and toxic gases.
1. The emission of odors shall be controlled
such that objectionable or offensive odors
are not perceptible beyond a distance of 50
feet past the property lines of the use
creating the odors.
2. No toxic, noxious or corrosive fumes or
gases shall be emitted beyond the property
lines of the use creating such fumes or
gases.
H.Noise.No noise shall be produced that causes
a violation of the city's regulations regarding dis-
turbance of the peace or creates a nuisance.
I.Vibrations.No ground vibrations, except for
those only perceptible with the use of instruments,
shall be permitted beyond the property lines of the
use generating the ground vibrations.
J.Electrical disturbance.No activity shall be
permitted which causes electrical disturbances af-
fecting the operation of any equipment located
beyond the property line of the activity. This sub-
section J does not apply to uses which are regulated
by and are in compliance with federal agencies or
law.
K.Glare and heat.Any use producing intense
glare or heat shall be conducted so that the glare is
effectively screened from view at any point on the
lot line of the lot in which the use is located. Any
heat will be dissipated so that it is not perceptible
without instruments at any point on the lot line of
the lot on which the use is located.
L.Fire and explosive hazards.Any use or activ-
ity involving the use or storage of combustible,
flammable or explosive materials shall be in com-
pliance with the International Fire Code as adopted
by the city. Burning of waste materials in open fires
is prohibited, unless otherwise permitted by and in
conformance with, another ordinance.
M.Liquid or solid waste.No materials, com-
pounds or chemicals, which can contaminate any
water supply, interfere with bacterial processes in
sewage treatment or otherwise cause emissions of
elements which are offensive or hazardous to the
public health, safety and general welfare shall be
discharged at any point into any public sewer,
private sewage disposal system or stream or into the
ground, except in accordance with this Code and the
standards approved by the state department of
environmental quality or such governmental agency
as may have jurisdiction over such activities.
N.Fissionable, radioactivity or electromagnetic
disturbance.No activities shall be permitted which
utilize fissionable or radioactive materials if, at any
time, their use results in the release or emission of
any fissionable or radioactive material into the
atmosphere, ground or sewerage system. No activ-
ities or devices shall be permitted which at any time
emit radio-frequency energy affecting any activity
or the operation of any equipment beyond the site
property line. Radio-frequency energy shall be con-
sidered as being electromagnetic energy at any
frequency in the radio spectrum between ten kilo-
cycles and 3,000,000 megacycles. This limitation
on radio-frequency interference does not apply to
those uses and circumstances falling under the
jurisdiction of the FCC.
(Ord. No. 1645, § 18.38.070, 8-15-2005; Ord. No.
1761, exh. F(18.38.070), 7-6-2009)
§ 38.21.070 BOZEMAN MUNICIPAL CODE
CD38:132PROOFS
Sec. 38.21.080. Clean up of property and
revegetation required.
A.Cleanup of property.Prior to final plat or
final occupancy approval, the developer shall en-
sure that all construction and other debris are
removed from the development. This includes con-
crete, asphalt, dead trees and shrubs, and fencing
materials.
B.Revegetation.All areas disturbed during con-
struction shall be reseeded with vegetation types
approved by the county weed control supervisor.
(Ord. No. 1645, § 18.38.080, 8-15-2005; Ord. No.
1761, exh. F(18.38.080), 7-6-2009)
ARTICLE 22. STANDARDS FOR SPECIFIC
USES
Sec. 38.22.010. Purpose.
The purpose of this section is to further describe
the standards and conditions under which certain
uses may be permitted as principal or conditional
uses in specific districts.
(Ord. No. 1645, § 18.40.010, 8-15-2005; Ord. No.
1693, § 12(18.40.010), 2-20-2007; Ord. No. 1709,
§ 11(18.40.010), 7-16-2007; Ord. No. 1761, exh.
G(18.40.010), 7-6-2009)
Sec. 38.22.020. Applicability.
All uses listed in this section shall be subject to
the specific standards described for each use, in
addition to all other applicable standards.
(Ord. No. 1645, § 18.40.020, 8-15-2005; Ord. No.
1693, § 12(18.40.020), 2-20-2007; Ord. No. 1709,
§ 11(18.40.020), 7-16-2007; Ord. No. 1761, exh.
G(18.40.020), 7-6-2009)
Sec. 38.22.030. Accessory dwelling units.
A. An owner or the owners of real property may
establish and maintain an accessory dwelling unit,
either within a detached single-household dwelling
or above a detached garage which is accessory to
the detached single-household dwelling, in the R-S
or R-1 districts if all of the following conditions are
met and continue to be met during the life of the
accessory dwelling unit:
1. The detached dwelling unit within which
the accessory dwelling unit is located, or
the accessory dwelling unit itself, is actu-
ally and physically occupied as a principal
residence by at least one owner of record
who possesses at least an estate for life or a
50 percent fee simple ownership interest.
No more than one of the dwellings, either
the principal dwelling or the accessory
dwelling, may be rented by non-owners at
the same time. The city may require a
guarantee of compliance with the require-
ments of this section, including but not
limited to a binding deed restriction or
covenant enforcing the single rental restric-
tion as allowed in section 38.39.080.B, as a
condition of approval;
2. In addition to the parking required for the
principal residence, one paved off-street
parking space is provided for the exclusive
use of the accessory dwelling unit. The
parking provided shall be located on the lot
and may not utilize the on-street parking
provisions of article 25 of this chapter;
3. The occupancy of the accessory dwelling
unit does not exceed two persons;
4. Garages shall not be converted for use as
accessory dwelling units. However, acces-
sory dwelling units shall be permitted to be
placed above garages only in subdivisions
receiving preliminary plat approval after
January 1, 1997;
5. No permit for an accessory dwelling unit
shall be granted unless the lot has been
configured to accept an accessory dwelling
unit with adequate lot area, utility services,
and compliance with setbacks and height
standards;
6. In no case shall an accessory dwelling unit
be larger than 800 square feet or have more
than a single bedroom. The method of
§ 38.22.030UNIFIED DEVELOPMENT CODE
CD38:133PROOFS
calculating the maximumADU square foot-
age will be "living area" defined as "all
floor area exclusive of areas with a sloped
ceiling less than three feet in height, stair-
wells, and exterior decks." Bedrooms, liv-
ingrooms,kitchens,casework,interiorwalls,
hallways, closets, bathrooms, and any other
living space shall be included in the maxi-
mum square footage calculation.;
7. Second story additions on detached garages
shall be approved only if found compatible
and consistent with the character and fabric
of the neighborhood;
8. Only one accessory dwelling unit may be
created per lot; and
9. If the accessory dwelling unit is a part of
the principal dwelling unit, the accessory
dwelling unit shall be clearly incidental to
the principal dwelling unit and shall meet
the following criteria:
a. The accessory dwelling unit is created
only in a single-household detached
dwelling unit on a lot of 6,000 square
feet or more;
b. The accessory dwelling unit does not
exceed one-third of the total area of
the principal structure;
c. The accessory dwelling unit is created
only through internal conversion of
the principal structure or constructed
aboveagarage.Minorexteriorchanges
may be made on the building, if the
square footage added constitutes no
more than ten percent of the principal
structure's existing living area (exclu-
sive of the garage); and
d. If the entrance for the accessory dwell-
ing unit is separate from the entrance
of the principal structure, the entrance
shall only be located in the rear or side
yards.
10. All accessory dwelling units are subject to
CUP provisions established in article 19 of
this chapter.
11. No deviations shall be granted to lot area
requirements or parking requirements to
allow the establishment of an accessory
dwelling unit. In no case shall more than a
total of two deviations be granted to allow
the establishment of an accessory dwelling
unit.
B. An owner or the owners of real property may
establish per section 38.19.050 and maintain an
accessory dwelling unit, in the R-2, R-3, R-4 or R-O
districts if all of the following conditions are met
and continue to be met during the life of the
accessory dwelling unit. If the following conditions
are not met the dwelling shall be reviewed under the
provisions of section 38.19.090.
1. In addition to the parking required for the
principal residence, the minimum number
of required paved off-street parking shall be
provided for the exclusive use of the acces-
sory dwelling unit;
2. The occupancy of the accessory dwelling
unit does not exceed two persons;
3. Garages shall not be converted for use as
accessory dwelling units. However, acces-
sory dwelling units shall be permitted to be
placed above garages;
4. In no case shall an accessory dwelling unit
be larger than 600 square feet or contain
more than a single bedroom. The method of
calculating the maximumADU square foot-
age will be "living area" defined as "all
floor area exclusive of areas with a sloped
ceiling less than five feet in height, stair-
wells, and exterior decks." Bedrooms, liv-
ingrooms,kitchens,casework,interiorwalls,
hallways, closets, bathrooms, and any other
living space shall be included in the maxi-
mum square footage calculation;
5. Second story additions on detached garages
shall be approved only if found compatible
and consistent with the existing character
and fabric of the neighborhood; and
§ 38.22.030 BOZEMAN MUNICIPAL CODE
CD38:134PROOFS
6. Only one accessory dwelling unit may be
created per lot.
7. No deviations shall be granted to lot area
requirements or parking requirements to
allow the establishment of an accessory
dwelling unit. In no case shall more than a
total of two deviations be granted to allow
the establishment of an accessory dwelling
unit.
8. The accessory dwelling unit is located above
a detached garage.
9. An accessory dwelling unit may not be
approved on a reduced size lot created to
meet the minimum workforce housing re-
quirements of chapter 10, article 8.
C. The applicant shall comply with building
department standards.
(Ord. No. 1645, § 18.40.030, 8-15-2005; Ord. No.
1693, § 12(18.40.030), 2-20-2007; Ord. No. 1709,
§ 11(18.40.030), 7-16-2007; Ord. No. 1761, exh.
G(18.40.030), 7-6-2009)
Sec. 38.22.040. Adult businesses.
A. In addition to the requirements to be followed
for all development established in this chapter, the
following requirements shall apply to all adult
businesses:
1. An adult business must be separated by at
least a 500-foot radius from any other adult
use, residence, residential district, school,
place of worship, public park or any youth-
oriented establishment. Subsequent estab-
lishment of one of the above-listed uses
within the required separation radius does
not compel the relocation of an adult busi-
ness.
(Ord. No. 1645, § 18.40.040, 8-15-2005; Ord. No.
1693, § 12(18.40.040), 2-20-2007; Ord. No. 1709,
§ 11(18.40.040), 7-16-2007; Ord. No. 1761, exh.
G(18.40.040), 7-6-2009)
Sec. 38.22.050. Alcoholsalesforon-premisescon-
sumption.
Alcohol sales for on-premises consumption, on
either a temporary or permanent basis, may not be
conducted on the same lot or premises where an
adult business or auto retail fuel sale is permitted.
(Ord. No. 1645, § 18.40.050, 8-15-2005; Ord. No.
1693, § 12(18.40.050), 2-20-2007; Ord. No. 1709,
§ 11(18.40.050), 7-16-2007; Ord. No. 1761, exh.
G(18.40.050), 7-6-2009)
Sec. 38.22.060. Automobile repair and/or fuel
sales.
A. In addition to the requirements to be followed
for all convenience uses as defined in this chapter,
and provided in section 38.22.100, the following
requirements shall apply to all service station and
automobile uses as listed in this section. Compli-
ance with all criteria listed in this section does not
necessarily guarantee approval by the city.
1. Gas pump and pump island canopies are to
be located not closer than ten feet to any
side or rear property line. Design of the
canopy shall architecturally match the de-
sign of the main building.All canopies shall
be connected to the roof of the main struc-
ture unless otherwise approved.All lighting
shall meet the lighting standards of this
chapter. The maximum height of the can-
opy shall not exceed 18 feet.All signs must
conform to the sign regulations of article 28
of this chapter;
2. All on-site activities, except those normally
performed at the fuel pumps, are to be
performed within a completely enclosed
building;
3. Where towing service is to be provided, a
parking bay for the towing vehicle is to be
provided. Vehicles that are either under
repair or vehicles that have been repaired
may be stored on a temporary basis, not to
exceed seven days, and designated parking
bays must be provided for each vehicle
§ 38.22.060UNIFIED DEVELOPMENT CODE
CD38:135PROOFS
awaiting repairs. Vehicle storage areas are
subject to the same screening requirements
as parking lots;
4. All lighting shall conform to section
38.23.150;
5. All structures approved under these stan-
dards shall be of a design character that is
appropriate to the area in which they are to
be constructed. Color renderings of build-
ings shall accompany each application and
construction shall be in conformity thereto.
Architectural detailing shall be consistent
on all four sides of the building;
6. All restroom entrances shall be screened
from view of adjacent properties or street
rights-of-way by a decorative wall or land-
scaping, or shall be accessed from the
inside of the main entrance to the building;
7. No outside storage of, and no sale, lease or
rental of trailers, trucks or similar equip-
ment shall be permitted except as may be
specifically allowed in that zone;
8. Parking space for each service stall in the
station shall be provided. Pump islands
shall not be considered as service bays.
Standing areas at pump islands and interior
circulation areas shall not be used as park-
ing areas in calculating required parking
spaces; and
9. Automotive repair facilities.
a. All repairs or painting shall be per-
formed within a building;
b. No site plan shall be approved which
exposes unassembled vehicles, auto
repair activities or auto parts to any
street or residential district;
c. Any facility shall be designed to con-
tain and minimize noise and odors;
and
d. All facilities shall have a water quality
facility (oil/water separator) as part of
the water quality design for stormwater
runoff, and shall conform to section
38.23.080.
(Ord. No. 1645, § 18.40.060, 8-15-2005; Ord. No.
1669, § 1, 8-7-2006; Ord. No. 1693, § 12(18.40.060),
2-20-2007; Ord. No. 1709, § 11(18.40.060), 7-16-
2007; Ord. No. 1761, exh. G(18.40.060), 7-6-2009)
Sec. 38.22.070. Automobile washing establish-
ment.
A. In addition to the requirements to be followed
for all convenience uses, the following require-
ments shall apply to all auto washing establish-
ments:
1. All detergents must be biodegradable;
2. Building surfaces shall be faced with ma-
sonry, brick, stucco, wood or some other
permanent looking material;
3. Trash and litter containers shall be emptied
daily. In addition, the site shall be patrolled
at least once daily in order to remove litter;
4. Sale of automobile accessories such as
batteries, tires, gasoline, etc., is prohibited
during any period when establishment em-
ployees are not present; and
5. Canopies are to be located not closer than
ten feet to any side or rear property line.
Design of the canopy shall architecturally
match the design of the main building. All
lighting shall meet the lighting standards of
this chapter. The maximum height of the
canopy shall not exceed 18 feet. All signs
must conform to the sign regulations of
article 28 of this chapter.
(Ord. No. 1645, § 18.40.070, 8-15-2005; Ord. No.
1693, § 12(18.40.070), 2-20-2007; Ord. No. 1709,
§ 11(18.40.070), 7-16-2007; Ord. No. 1761, exh.
G(18.40.070), 7-6-2009)
Sec. 38.22.080. Cemeteries.
A. Total site area, including business office and
storage building, shall be a minimum of 40 acres, of
which at least ten acres shall be subdivided and
developed in the initial plot.
§ 38.22.060 BOZEMAN MUNICIPAL CODE
CD38:136PROOFS
B. The cemetery may include accessory uses
such as a chapel, mortuary, office, mausoleum and
those industrial uses which are incidental to the
operation of a cemetery. Industrial uses may include
such things as the manufacture of burial vaults and
headstone foundations, provided all of the products
are used on the site and are not offered for sale and
use elsewhere. The cemetery shall not include uses
of an industrial nature other than those stated in this
section.
(Ord. No. 1645, § 18.40.080, 8-15-2005; Ord. No.
1693, § 12(18.40.080), 2-20-2007; Ord. No. 1709,
§ 11(18.40.080), 7-16-2007; Ord. No. 1761, exh.
G(18.40.080), 7-6-2009)
Sec. 38.22.090. Condominiums.
A. Unit ownership act. Condominium develop-
ments shall comply with all provisions of the Unit
Ownership Act, MCA 70-23-101 et seq., and all
regulations adopted pursuant thereto.
B. Condominium association. A condominium
association shall be established for each condomin-
ium development. The developer shall prepare by-
laws for the condominium association, as well as
covenants, conditions and restrictions for the con-
dominium development, in compliance with article
38 of this chapter. The bylaws, covenants, condi-
tions and restrictions shall be submitted to the city
for review and approval prior to the granting of
final site plan approval or approval for
condominiumization of existing development.
C. Internal circulation in a condominium devel-
opment shall be designed in accordance with article
25 of this chapter, and shall, when deemed neces-
sary by the city engineer, comply with section
38.24.020.
D. Condominiums may be subject to chapter 10,
article 8.
(Ord. No. 1645, § 18.40.090, 8-15-2005; Ord. No.
1693, § 12(18.40.090), 2-20-2007; Ord. No. 1709,
§ 11(18.40.090), 7-16-2007; Ord. No. 1761, exh.
G(18.40.090), 7-6-2009)
Sec. 38.22.100. Convenience uses and drive-
through/drive-in restaurants.
A. Architectural guidelines.
1. All convenience uses shall be designed
with an architectural and design character
that is appropriate for and compatible with
the area, and shall also comply with all
applicable design standards and guidelines
including the design objectives plan for
entry way corridors;
2. Use of standardized corporate identification
themes integrated into the architectural de-
sign is generally not acceptable. Excessive
use of such themes may be used as grounds
for denial of the project;
3. When located in shopping centers, the ar-
chitectural character of the building shall be
integrated with the design theme of the
center through the use of the same building
materials, shapes and details. The effect of
color in creating a design character that is
appropriate for and compatible with the
area will be considered. All parking, circu-
lation, driveways, setbacks and signage shall
be integrated with the entire design theme
of the project; and
4. The elevation design of the building shall
provide design character and detailing on
all four sides.
B. Noise from drive-through speakers shall not
be audible from adjacent residential districts.
(Ord. No. 1645, § 18.40.100, 8-15-2005; Ord. No.
1693, § 12(18.40.100), 2-20-2007; Ord. No. 1709,
§ 11(18.40.100), 7-16-2007; Ord. No. 1761, exh.
G(18.40.100), 7-6-2009)
Sec. 38.22.110. Home-based businesses.
A.Generally.A home-based business is a use
that is considered accessory to a dwelling unit.
Buildings combining live/work arrangements lo-
cated in districts where both the residential and
nonresidential uses to be combined are authorized
are not subject to the requirements of this section.
§ 38.22.110UNIFIED DEVELOPMENT CODE
CD38:137PROOFS
B.Home-based business as accessory use.
1. The use shall be clearly incidental and
secondary to the use of the dwelling for
residential purposes and shall not change
the character of the dwelling or adversely
affect the uses permitted in the residential
district of which it is a part. The home-
based business may not be conducted in an
accessory structure, and shall comply with
the standards of subsection C of this sec-
tion.
2. Purpose. It is in the intent of this section to
eliminate as accessory home-based busi-
nesses for all uses except those that con-
form to the standards set forth in this
section. In general, an accessory home-
based business is a use so located and
conducted that the average neighbor, under
normal circumstances, would not be aware
of its existence with the exception of per-
mitted signage as allowed by article 28 of
this chapter. The standards for home-based
businesses included in this section are in-
tended to ensure compatibility with other
permitted uses and with the residential
character of the neighborhood. A clearly
accessory or incidental status in relation to
the residential use of the main building is
the criteria for determining whether a pro-
posed accessory use qualifies as an of-right
home-based business.
3. Necessary conditions for accessory use.
Accessory home-based businesses are per-
mitted accessory uses in residential districts
only so long as all the following conditions
are observed:
a. Such home-based business shall be
conducted by resident occupants in
their residence with not more than one
on-premises halftime nonresident em-
ployee;
b. No more than 25 percent of the gross
area of all structures shall be used for
such purpose;
c. No use shall require internal or exter-
nal alterations or involve construction
features or the use of electrical or
mechanical equipment that would
change the fire rating of the structure;
d. No home-based business shall cause
an increase in the use of any one or
more utilities (water, sewer, garbage,
etc.) so that the combined total use for
dwellingandhome-basedbusinesspur-
poses exceeds the average for resi-
dences in the neighborhood;
e. There shall be no outside storage of
any kind related to the home-based
business;
f. The use may increase vehicular traffic
flow and parking by no more than one
additional vehicle at a time. Depend-
ing on the individual circumstances of
each application, an additional off-
street parking space may be required;
and
g. No use shall create noise, dust, vibra-
tion, smell, smoke, glare, electrical
interference, fire hazard or any other
hazard or nuisance to any greater or
more frequent extent than that usually
experienced in an average residential
occupancy in the district in question
under normal circumstances wherein
no home-based business exists.
4. Notice of intent to operate an accessory
home-based business.Any individual apply-
ing for a business license, with the intent of
operating the business from such person's
home, shall acknowledge by signature such
person's understanding of the requirements
and conditions of this chapter.
C.Home-based business as conditional use.
1.Purpose.The use shall be secondary to the
use of the lot for residential purposes and
shall not be incompatible with the character
of the zoning district thereof or adversely
affect the principal uses permitted in the
§ 38.22.110 BOZEMAN MUNICIPAL CODE
CD38:138PROOFS
residential district of which it is a part.
When a home-based business has been
established through the CUP process, it
means that the owner, lessee or other per-
sons who have a legal right to the use of the
dwelling also have the right to conduct the
home-based business whether in the princi-
pal or an accessory structure. The home-
based business shall comply with the stan-
dards of subsection C.3 of this section.
2.Conditional use.It is the intent of this
section to provide, through the conditional
use process established in article 19 of this
chapter, opportunities for home-based busi-
nesses which are more intensive in nature
than those which would be allowed as an
accessory use. In general, a home-based
business approved through the conditional
use process is an accessory use which
complies with the requirements of this chap-
ter and is subordinate to the primary use of
the particular lot for residential purposes.
The standards for home-based businesses
included in this section are intended to
ensure compatibility with other permitted
uses and with the residential character of
the neighborhood. A secondary, but not
incidental, status in relation to the residen-
tial use of the main building is the criteria
for determining whether a proposed use
may, under certain circumstances, qualify
as a home-based business which may be
approved by the conditional use process.As
stated in section 38.19.010, conditional uses
start from the presumption that they are
incompatible with the zoning district but
may under specific and limited conditions
become compatible. Unless such conditions
are found, there is no right to the practice of
a home-based business which does not
comply with the terms of an accessory
home-based business as listed in this sec-
tion.
3.Necessary conditions for conditional use.
Home-based businesses permitted through
the conditional use permit process are al-
lowed in residential districts only so long as
all the following conditions are observed:
a. Such home-based business shall be
conducted by resident occupants with
not more than one on-premises half-
time nonresident employee;
b. No more than 30 percent of the gross
area of all structures shall be used for
such purpose;
c. No use shall require internal or exter-
nal alterations or involve construction
features or the use of electrical or
mechanical equipment that would
change the fire rating of the structure
beyond that allowed in a residential
use;
d. No home base business shall cause an
increase in the use of any one or more
utilities operated by the city so that
the combined total use for dwelling
and home-based business purposes ex-
ceeds the average for residences in the
neighborhood;
e. There shall be no outside storage of
any kind related to the home-based
business;
f. No use shall create noise, dust, vibra-
tion, smell, smoke, glare, electrical
interference, fire hazard or any other
hazard or nuisance to any greater or
more frequent extent than that al-
lowed by this chapter;
g. Home-based business by conditional
use permit may only be allowed on
lots occupied by single-household de-
tached dwellings;
h. Such conditional use shall be subject
to all conditions set forth in this chap-
ter, except the provisions of section
38.26.060, Landscape Performance
Standards; and
§ 38.22.110UNIFIED DEVELOPMENT CODE
CD38:139PROOFS
i. All permits required by the city, in-
cluding, but not limited to, building
permits and business licenses, shall be
receivedpriortoestablishingthehome-
based business.
4.Home-based business allowed through a
conditional use permit.Any individual seek-
ing to operate a home-based business, which
is greater in scope than that allowed by an
accessory home-based business, shall make
application for a conditional use permit
under the terms of article 19 of this chapter.
The planning director shall determine if a
home-based business requires a conditional
use permit.
D.Complaints.Complaints by citizens of the
city may be cause for termination of the home-
based business. However, should such complaint be
filed, the operator is entitled to an appeal to the city
commission for a public meeting. The city commis-
sion shall determine whether or not the filed com-
plaint identifies sufficient violation of this chapter
to warrant termination or modification of the home-
based business.
E.Uses that are prohibited.The following uses,
by the nature of their character or the investment of
operation, have a pronounced tendency, once started,
to rapidly increase beyond the limits permitted for
home-based businesses and thereby impair the use
and value of a residentially zoned area for residen-
tial purposes. Therefore, the following uses shall
not be permitted as home-based businesses: adult
businesses; auto repair, minor or major; carpentry
work; dance instruction; dental offices; medical
offices; medical marijuana not meeting the exclu-
sion in section 38.22.220.A.3; mobile oil and lube
services; painting of vehicles, trailers or boats;
private schools with organized classes; radio or
television repair; and upholstering.
F.Appeal to city commission.Any person may
appeal the planning director's action relating to a
home-based business to the city commission as
provided for by article 35 of this chapter.
(Ord. No. 1645, § 18.40.110, 8-15-2005; Ord. No.
1693, § 12(18.40.110), 2-20-2007; Ord. No. 1709,
§ 11(18.40.110), 7-16-2007; Ord. No. 1761, exh.
G(18.40.110), 7-6-2009; Ord. No. 1786, § 7, 7-26-
2010)
Sec. 38.22.120. Manufactured home communi-
ties.
A. Manufactured home communities are in-
cluded in the state classification of land subdivi-
sions by rent or lease. Therefore, applicants for such
developments shall apply for and be reviewed under
both site plan and subdivision procedures. These
will be reviewed concurrently when appropriate.All
standards of this chapter are applicable unless
explicitly waived.
1. Staterequirements. All manufactured home
communities developed under this section
shall comply with state department of pub-
lic health and human services, department
of environmental quality and any other
applicable state regulations. Prior to final
approval for a manufactured home commu-
nity, copies of approval letters from rele-
vant state agencies shall be submitted or
compliance with all applicable regulations
shall be certified by a professional civil
engineer licensed by the state.
2. Lot improvements. The location of bound-
aries of each manufactured home lot for
rent or lease shall be clearly and perma-
nently marked on the ground with flush
stakes, markers or other suitable means.
The location marked must be closely ap-
proximate to those depicted on the ap-
proved plans.
a. Utility hookup. Every manufactured
home shall be permanently connected
to electric power, water supply, sew-
age disposal, gas and telephone ser-
vice lines in compliance with applica-
blecitycodes,andallutilitydistribution
and service lines shall be installed
underground.
b. Permanent foundations and anchor-
ing. All manufactured homes shall be
§ 38.22.110 BOZEMAN MUNICIPAL CODE
CD38:140PROOFS
required to be tied or otherwise phys-
ically anchored to an approved perma-
nentconcretefoundation.Buildingper-
mits for foundations and anchoring,
issued through the city building de-
partment in accordance with the ad-
opted International Building Code, are
required. The method of anchoring
and foundations shall be specified as
part of the required preliminary devel-
opment review.
c. Maintenance.
(1) There shall be no exposed out-
door storage of furniture (except
lawnfurniture),householdgoods,
tools, equipment, or building ma-
terials or supplies.
(2) No manufactured home may be
parked on a public or private
street for more than 24 hours.
(3) Anabandoned,burnedorwrecked
manufactured home must be se-
cured against entry as directed
by the fire marshal and may not
be kept on a lot for more than 45
days.
(4) Each manufactured home must
bear an insignia which attests
that the construction of the man-
ufactured home meets regulation
A 119.1 of the American Na-
tional Standards Institute (ad-
opted by the U.S. Department of
Housing and Urban Develop-
ment), or be certified as meeting
the Mobile Home Construction
and Safety Standards of the U.S.
Department of Housing and Ur-
ban Development.
(5) Within 21 days of placement,
standard manufactured home
skirting of fire-resistive material
similar in character to that of the
manufactured home must be pro-
vided around the entire perime-
ter of the manufactured home
between the bottom of the body
of the manufactured home and
the ground, except where the
running gear has been removed
and the manufactured home it-
self is attached directly to the
permanent foundation.
(6) All required front yards of lots
for rent or lease for manufac-
tured homes shall be fully land-
scaped.
(7) All private, commonly owned
recreation areas not devoted to
buildings, structures, surfaced
courts, sand boxes, etc., shall be
landscaped and irrigated.
d. Manufactured home lots for rent or
lease shall be arranged to permit the
practical placement and removal of
manufactured homes. Every lot for
rent or lease must front on a public or
private street.
3. Permits and inspections.
a.Owner's and agent's responsibility.It
shall be the responsibility of the indi-
vidual property owners or, in the case
of a rental community, the managers
of the rental community to see that all
sections of this article are complied
with, including requirements relative
to placement of manufactured homes,
and all required permits.
b.Move-in permit required.All manu-
factured homes moved into the city
must be issued a move-in permit,
pursuant to this section, and be in-
spected by the city building official,
prior to gas and electric service being
turned on by the servicing utility. A
copy of the original sales contract
shall be available for permit informa-
tional purposes.
§ 38.22.120UNIFIED DEVELOPMENT CODE
CD38:141PROOFS
c.City inspection required.
(1) Therequiredinspectionsforman-
ufactured homes shall include:
on-site utilities requirements in-
cluding gas, electric, sewer and
water; setback requirements; and
off-street parking requirements.
Fees for these have been estab-
lished by the city commission by
resolution.
(2) It is unlawful for any person,
firm, corporation or agency to
turn on, or allow to be turned on,
any gas or electric service with-
out an inspection and clearance
from the city building official.
d.Non-manufactured-homeimprovements
subject to the International Building
Code.Permits must be obtained for
additions, alterations, canopies, car-
ports, storage areas and detached re-
frigeration units that were not in-
cluded in the original sale of the
manufacturedhomeunit,feesforwhich
are set by the International Building
Code andInternational Mechanical
Code.
4. Plans. The preliminary and final plans shall
accurately depict:
a. All proposed and required landscap-
ing;
b. Locations of storage areas for recre-
ational vehicles and other chattels of
the residents;
c. A layout of typical lots for rent or
lease showing the location and dimen-
sions of the lot, manufactured home
stand, driveway and parking spaces;
d. Mail delivery area; and
e. Foundation and anchoring details.
5. A permanent enclosure for temporary stor-
age of garbage, refuse and other waste
material shall be provided for every manu-
factured home space. If trash dumpsters are
to be used, they shall be centrally and
conveniently located, shall not be located in
any front yard, and shall otherwise comply
with the requirements of this chapter.
6. Landscaping may be required by the city
commission to provide a buffer between
manufactured home communities and adja-
cent uses, and to enhance the appearance of
the development. The landscaping may be
interspersed with a fence or wall. Specific
perimeter landscape/buffering treatments
shall be determined on a case-by case basis,
with the city considering appropriate fac-
tors such as the nature of adjacent uses,
noise and proximity to busy streets.
7. Recreation areas.At a minimum, the amount
of land required to be dedicated under
section 38.27.020, shall be reserved as park
or recreation area. Recreation areas may
include space for community recreation
buildings and facilities.
1. Public access through the recreation
area may be required, through the
provision of a written public access
easement, if it is determined by the
city commission that public access is
necessary to ensure public access
through the private recreational area
from adjoining properties to nearby or
adjacent public parks.
8. Accessory buildings. Accessory buildings
for individual dwellings are subject to sec-
tion 38.21.050.
(Ord. No. 1645, § 18.40.120, 8-15-2005; Ord. No.
1693, § 12(18.40.120), 2-20-2007; Ord. No. 1709,
§ 11(18.40.120), 7-16-2007; Ord. No. 1761, exh.
G(18.40.120), 7-6-2009)
Sec. 38.22.130. Manufactured homes on individ-
ual lots.
A.Intent.It is the intent of this section to allow
manufactured homes, as defined in article 42 of this
chapter, in specified zoning districts in which sim-
§ 38.22.120 BOZEMAN MUNICIPAL CODE
CD38:142PROOFS
ilar single-household dwellings constructed on the
site are permitted subject to requirements and pro-
cedures set forth herein to ensure acceptable simi-
larity in exterior appearances between such manu-
factured homes and dwellings that have been or
might be constructed under these and other regula-
tions on adjacent lots in the same district or area. It
is the intent of this section to permit only those
manufactured homes certified as meeting the Mo-
bile Home Construction and Safety Standards of the
U.S. Department of Housing and Urban Develop-
ment.
B.Application, material to be supplied.One
copy of the application for the proposed manufac-
tured home on the individual building lot shall be
submitted to the Building Department in conjunc-
tion with the application for a building permit for
the building foundation. The application shall in-
clude all information as deemed necessary by the
planning director to make determinations as to
conformity with subsection C of this section, and it
shall include a minimum of color photographs of all
sides of the manufactured home, of the nearest
existing residences or other grounds or buildings on
each side of the proposed site, and of existing
residences or grounds fronting upon the same street
as the proposed site and opposite thereto, and also
including those within 150 feet of each corner of the
proposed site. As a minimum requirement, it shall
also include a description of siding and roofing
material in sufficient detail as to make possible
determination as to its appearance and durability.
C.Standards for determination of acceptable
similarity in exterior appearance and construction.
The following standards shall be used in determi-
nations of acceptable similarity in appearance and
construction between manufactured homes with
permanent foundations and residences constructed
near the site to ensure that such manufactured
homes will be compatible in appearance with site
built housing that has been or may be constructed in
adjacent or nearby locations.
1. No manufactured homes shall have fenes-
tration or other features that will be incom-
patible in the residential neighborhood.
2. The roof shall have sloping lines with
eaves, such as gable, mansard and shed
style roofs or shall be compatible with
conventionally built homes in the surround-
ing areas. The pitch of the main roof shall
not be less than one foot of rise for each
four feet of horizontal run. Minimum dis-
tance from eaves to ridge shall be ten feet.
3. The roofing material shall be shake, tile,
composition shingle, or other materials com-
monly found on conventionally built homes
in the surrounding areas.
4. The exterior covering material shall be
similar or closely compatible to that found
on conventionally built residential struc-
tures in the surrounding area. Reflection
from such exterior shall not be greater than
from siding coated with clean, white, gloss,
exterior enamel.
5. The exterior covering material shall extend
below the top of the foundation.
6. Asolid concrete or masonry perimeter foun-
dation shall be used.
7. The exterior covering and roofing materials
of the garage, carport and accessory build-
ings shall be compatible with the materials
on the manufactured home.
8. The finished floor shall be a maximum of
24 inches above the exterior finished grade
of the lot, or similar to the conventionally
built homes in the surrounding area.
9. The manufactured home shall be located on
the lot so that the home presents a primary
entrance to the principal street frontage.
Such primary entrance may be established
by the presence of porches, overhanging
gables, and similar architectural features
consistent with the character of site built
homes in the near vicinity.
10. Manufactured homes on permanent founda-
tions shall meet all the property develop-
ment standards for the zone in which they
shall be located. These standards include,
§ 38.22.130UNIFIED DEVELOPMENT CODE
CD38:143PROOFS
but are not limited to, lot area and dimen-
sion; area per dwelling unit; front, rear and
side yard setbacks; building height, lot
coverage, location of accessory buildings;
and off-street parking.
11. Manufactured homes located within the
neighborhood conservation overlay district
shall be subject to review for a certificate of
appropriateness under the same standards
forarchitecturalcompatibilityasotherhomes.
12. Manufactured homes shall be approved for
location on individual building lots only if
they have been certified as meeting the
Mobile Home Construction and Safety Stan-
dards of the U.S. Department of Housing
and Urban Development.
D.Actions by planning director.Upon receipt of
an application as required by subsection B of this
section, the planning director shall make a decision
to approve or disapprove of the application within
15 working days, or the planning director may make
referral to the city commission. Referrals to the city
commission shall be placed on the agenda for its
regular meeting. Within five working days after
receipt of recommendations from the city commis-
sion, the planning director shall make a determina-
tion as to conformity with subsection C of this
section, notifying the applicants of approval or
disapproval. In the case of disapproval, the reasons
therefore shall be stated in writing.
(Ord. No. 1645, § 18.40.130, 8-15-2005; Ord. No.
1693, § 12(18.40.130), 2-20-2007; Ord. No. 1709,
§ 11(18.40.130), 7-16-2007; Ord. No. 1761, exh.
G(18.40.130), 7-6-2009)
Sec. 38.22.140. Mini warehouses.
A. Minimum site size shall be one acre.
B. On-site circulation, drives and parking.
1. Each mini warehouse site shall provide a
minimum of two exits;
2. All one-way driveways shall provide for
one ten-foot parking lane and one 12-foot
travel lane. Traffic direction and parking
shall be designated by signing or painting;
3. All two-way driveways shall provide for
one ten-foot parking lane and two ten-foot
travel lanes; and
4. The parking lanes may be eliminated when
the driveway does not serve storage cubi-
cles.
(Ord. No. 1645, § 18.40.140, 8-15-2005; Ord. No.
1693, § 12(18.40.140), 2-20-2007; Ord. No. 1709,
§ 11(18.40.140), 7-16-2007; Ord. No. 1761, exh.
G(18.40.140), 7-6-2009)
Sec. 38.22.150. Outdoor sales and display.
A. Merchandise which is offered for direct sale,
rental or lease to the ultimate consumer or user may
be displayed beyond the confines of a building in
any commercial district, but the area occupied by
such outdoor display shall not constitute a greater
number of square feet than ten percent of the
ground floor area of the building housing the
principal use, unless such merchandise is a type
customarily displayed outdoors such as automobiles
and garden supplies. In such cases, the maximum
area for outdoor sales and display shall not exceed
50 percent of the total lot area.
B. Outdoor sales and display areas shall not be
located in any required yard and is also subject to
section 38.23.160.
(Ord. No. 1645, § 18.40.150, 8-15-2005; Ord. No.
1693, § 12(18.40.150), 2-20-2007; Ord. No. 1709,
§ 11(18.40.150), 7-16-2007; Ord. No. 1761, exh.
G(18.40.150), 7-6-2009)
Sec. 38.22.160. Portable carry-out food and bev-
erage buildings.
A. A $10,000.00 site bond must be secured on
the property. In addition, evidence of liability insur-
ance, with coverage of $1,000,000.00 per occur-
rence, shall be furnished by the owner.
B. Electrical service must be installed under-
ground, in compliance with all electrical service
codes, subject to approval by the building depart-
ment.
§ 38.22.130 BOZEMAN MUNICIPAL CODE
CD38:144PROOFS
C. Structures shall not exceed 80 square feet in
size. All structures must be on an improved asphalt
or concrete surface, be anchored to resist accidental
movement, be placed upon approved footings and
have a fully electrically bonded frame. No structure
shall have an axle. Enclosed trailers must remove
the axle, and be secured to resist accidental move-
ment, with all related supports cosmetically covered
with an approved material.
D. Not more than one portable structure may be
placed on a zone lot (individual property or contig-
uous properties held in common ownership). Porta-
ble structures shall be placed in a manner so as not
to interfere with normal vehicle and pedestrian
circulation patterns or required emergency access.
Nor shall such structures be placed in a manner that
eliminates or interferes with the use of required
parking spaces.
E. Requests for special temporary use permits
shall be subject to review and must be approved by
the appropriate city department representatives, in-
cluding but not limited to city engineer, fire mar-
shal, city building official and planning director.
Permit coordination and final issuance shall be by
the planning director. A special temporary use
permit for portable carry-out food and beverage
buildings shall be valid for a period of one year, and
may be renewed annually thereafter only if all
regulations and requirements are strictly complied
with on a continuing basis.
F. Operations shall be subject to all licensing
requirements of the Gallatin City-County Health
Board. Documentation of such licensing, including
a copy of plans for water supply and disposal, shall
be provided to the planning director prior to per-
mitting.
G. The city reserves the right to revoke or
terminate this permit at any time by giving 30 days'
written notice of such revocation or termination,
except that the city may, at its election, revoke or
terminate the permit at any time without giving any
notice if the owner fails to comply with or abide by
each and all of the terms and conditions of the
permit.
H. Portable food and beverage buildings as de-
scribed herein shall not be subject to certificate of
appropriateness requirements for the neighborhood
conservation and entryway corridors overlay dis-
tricts.
(Ord. No. 1645, § 18.40.160, 8-15-2005; Ord. No.
1693, § 12(18.40.160; Ord. No. 1693,
§ 12(18.40.160), 2-20-2007); Ord. No. 1709,
§ 11(18.40.160), 7-16-2007; Ord. No. 1761, exh.
G(18.40.160), 7-6-2009)
Sec. 38.22.170. Recreational vehicle park and
overnight campground.
A. Recreationalvehicleparksandovernightcamp-
grounds are included in the state classification of
land subdivisions by rent or lease. Therefore, appli-
cants for such developments shall apply for and be
reviewed under both site plan and subdivision
procedures.
1. Recreational vehicle parks shall be screened
from view of any adjacent residential de-
velopment.
2. Internal circulation roads shall be paved
with a concrete or asphaltic concrete sur-
face.
3. Individual recreational vehicle parking pads
shall be plainly marked and maintained
with a dust free surface.
4. Individual recreational vehicle parking pads
shall be set back at least 30 feet from the
perimeter of the park and 30 feet from any
public street right-of-way.
5. Approvedtrashdisposal,bathroomandlaun-
dry facilities, including facilities for the
handicapped, shall be provided for use of
overnight campers.
6. Recreational vehicles spaces shall be sepa-
rated by no less than 15 feet and shall be no
less than 1,500 square feet in area.
7. Land proposed for use for a recreational
vehicle park must have an R-S residential
suburban district or an RMH residential
manufactured home community district zon-
§ 38.22.170UNIFIED DEVELOPMENT CODE
CD38:145PROOFS
ing designation. Recreational vehicle parks
are a principal use in the RMH district and
a conditional use in the R-S district.
(Ord. No. 1645, § 18.40.170, 8-15-2005; Ord. No.
1693, § 12(18.40.170), 2-20-2007; Ord. No. 1709,
§ 11(18.40.170), 7-16-2007; Ord. No. 1761, exh.
G(18.40.170), 7-6-2009)
Sec. 38.22.180. Large-scale retail, size limita-
tions and design and site devel-
opment guidelines and require-
ments.
A.Purpose.
1. The purpose of this section is to establish
general development standards for large
scale retail developments. These standards
are intended and designed to ensure com-
patibility of uses; to prevent urban blight,
deterioration and decay; and to enhance the
health, safety and general welfare of the
residents living within the city.
2. These standards are also intended to be
used as guidelines for evaluating and as-
sessing the quality and design of proposed
large scale retail developments. The partic-
ulars of any large scale retail developments
will be evaluated against their respective
standards contained in this article. It is
expected that the quality and design of the
large scale retail developments, while not
necessarily complying with the exact stan-
dards of this article, will meet or exceed the
intent behind these standards.
3. Applicability. All uses listed in this article
shall be subject to the specific standards
described for each use, in addition to all
other applicable standards which may ap-
ply.
B.Limitations on size of retail stores.
1. No retail building, utilized by a single
tenant, shall exceed 75,000 square feet.
2. Retail development consisting of one or
more single-tenant building greater than
40,000 square feet may offer for direct sale
to the public merchandise, which is dis-
played outdoors, but the area occupied by
such outdoor sales and storage, exclusive of
warehouses, shall not exceed 25 percent of
the total square footage of the retail build-
ing and shall also comply with section
38.22.150.
3. Notwithstanding subsections B.1 and 2of
this section, when an otherwise lawful retail
building, in excess of 75,000 square feet,
exists as of March 21, 2003, such building
shall be considered a development noncon-
formity. Said building may be continued,
structurally altered, repaired or recon-
structed so long as it is not increased,
extended or enlarged beyond the gross floor
area of the building that existed on March
21, 2003. To the extent practicable, the
design and site development guidelines of
this section shall be applied to any altera-
tion, reconstruction or repair that takes
place after March 21, 2003.
4. The following principal uses are exempt, as
they pertain to outdoor sales and storage:
a. Recreationvehiclesalesandautosales;
b. Agricultural implement sales; i.e., trac-
tors, cultivators, balers, etc.; and
c. Plant nursery.
C.Design and site development guidelines for
certain retail developments.
1. Retail development consisting of a single-
tenant building greater than 40,000 square
feet shall be subject to the design and site
development criteria and development stan-
dards contained in subsections C.5 and 6 of
this section. These guidelines shall be ap-
plied as part of the review and approval
process for use permits and detailed appli-
cations. For developments in the entryway
corridor, which are also subject to the
design guidelines in article 17 of this chap-
ter, if there is any conflict between the
guidelines, the more restrictive guideline
§ 38.22.170 BOZEMAN MUNICIPAL CODE
CD38:146PROOFS
shall apply. The guidelines in this section
shall not be applied to any development or
portion of a development that is covered by
an approved use permit as of March 21,
2003, unless modifications to the use per-
mit are proposed by the applicant.
2. Intent and purpose. All new construction of
retail buildings described in subsectionAof
this section will be subject to design review.
It is the intent and purpose of this section to
ensure the quality of retail development
will enhance the impression and enjoyment
of the community both by guiding develop-
ment and change that occurs after the adop-
tion date of the ordinance from which this
section is derived, and by stimulating and
assisting, in conjunction with other provi-
sions of this chapter, improvements in
signage, landscaping, access and other con-
tributing elements of retail development
appearance and function. It is further the
intent of this section to establish design
criteria, standards and review procedures
that will allow the city and its advisory
boards and agencies to review and direct, in
a fair and equitable manner, the develop-
ment and redevelopment of future and ex-
isting properties and facilities governed by
this section. The recommendations of the
design review board or administrative de-
sign review staff shall be given careful
consideration in the final action of any
agency, board or commission involved in
decisionsinvolvingretaildevelopmentsgov-
erned by this article.
3. The design review board and administrative
design review staff shall have the powers
and duties provided by this chapter in
considering applications subject to this ar-
ticle.
4. Certificate of appropriateness. A certificate
of appropriateness, received from the city
commission, with a recommendation by the
design review board, shall be required as a
condition of site plan approval for any
development governed by this section. Ap-
plication, review and public notice proce-
dures for proposals governed by this sec-
tion are set forth in article 40, Noticing, and
article 19, Review Procedures for Site De-
velopment, of this chapter. A denial of a
certificate shall be accompanied by a writ-
ten statement of reasons for the denial.
5. Design criteria and development standards.
In addition to all other applicable review
procedures and design criteria, all develop-
ment governed by this section shall exceed
design criteria and development standards
contained in article 17 of this chapter,
entryway corridor overlay district, includ-
ing the general design objectives and guide-
lines contained in the adopted or updated
design objectives plan, regardless of loca-
tion or zoning district. Said design criteria
and development standards shall be ex-
ceeded through design practices such as
additional architectural detailing, excep-
tional landscape design, improved public
spaces, use of renewable energy and/or
recycled construction materials, and provi-
sions for alternative modes of transporta-
tion. The city commission shall determine
whether established design criteria and de-
velopment standards have been exceeded
based on a recommendation from the de-
sign review board.
6. Adaptability for reuse/compartmentaliza-
tion. The building design shall include spe-
cific elements for adaptation for multi-
tenant reuse. Such elements may include
but are not limited to compartmentalized
construction, including plumbing, electrical
service, heating, ventilation and air condi-
tioning. The building design shall also al-
low for:
a. The interior subdivision of the struc-
ture into separate tenancies;
b. Facades that readily adapt to multiple
entrances and adapt to entrances on all
but one side of the building;
§ 38.22.180UNIFIED DEVELOPMENT CODE
CD38:147PROOFS
c. Parking lot schemes that are shared by
establishments or are linked by safe
and functional pedestrian connec-
tions;
d. Landscaping schemes that comple-
ment the multiple entrance design;
and
e. Other elements of design which facil-
itate the multi-tenant reuse of the
building and site.
7. Appeals.Appeals may be taken as provided
for in article 35 of this chapter.
D.Additionalcriteriaandsitedevelopmentguide-
lines for certain retail developments.
1. Applications for large scale retail develop-
ment shall include a renewal plan that will
affordmaximumopportunity,consistentwith
the sound needs of the municipality as a
whole, for the rehabilitation or redevelop-
ment of the structure in the event of closure
or relocation by the original occupant. Such
plan will be approved if the city commis-
sion finds that:
a. The plan conforms to the city's growth
policy and the requirements of this
chapter or parts thereof for the munic-
ipality as a whole;
b. A sound and adequate plan exists for
said redevelopment;
c. The plan affords maximum opportu-
nity for rehabilitation or redevelop-
ment of the structure by both private
enterprise and the city; and
d. The renewal plan provides a mainte-
nance plan for normal repairs and
upkeep of property, including but not
limited to building, parking lot and
surfacing, landscaping, signage and
elimination of legible impressions, im-
ages, or remnants of signs remaining
on a building or sign surface after the
use for which the sign was permitted
ceases to operate.
2. The city may enter into a development
agreement with the owner of the real prop-
erty and undertake activities, including the
acquisition, removal or demolition of struc-
tures, improvements or personal property
located on the real property, to prepare the
property for redevelopment.Adevelopment
agreement entered into in accordance with
this section must contain provisions obli-
gating the owner to redevelop the real
property for a specified use consistent with
the provisions of this chapter and offering
recourse to the city if the redevelopment is
not completed as determined by the city.
E.Review.The provisions of this section shall be
reviewed by the commission in five years and
updated as needed.
(Ord. No. 1645, § 18.40.180, 8-15-2005; Ord. No.
1693, § 12(18.40.180), 2-20-2007; Ord. No. 1709,
§ 11(18.40.180), 7-16-2007; Ord. No. 1761, exh.
G(18.40.180), 7-6-2009)
Sec. 38.22.190. Stable, commercial.
A. The minimum property size shall be ten
acres.
B. Structures or facilities used for stabling, stor-
ing, showing or training of animals shall be set back
a minimum of 100 feet from any adjacent privately
owned property. Dwelling units, accessory struc-
tures incidental to dwelling units and irrigated
pasturage may occur within the 100-foot setback
area subject to the setback requirements of the
applicable zoning district.
C. There shall be at least a 20-foot yard adjacent
to any street.
D. There shall be no shows or other activities
which would generate more traffic than is normal to
a residential area, unless the proposed site has direct
access from an arterial street as set forth in the city
growth policy. Permission for such shows and
activities shall be obtained from the city. Notifica-
tion shall be provided in a letter that explains the
nature and duration of the activity, and accommo-
dations for spectators, traffic control and additional
§ 38.22.180 BOZEMAN MUNICIPAL CODE
CD38:148PROOFS
parking for cars and trailers. This letter shall be
submitted to the planning director at least one
month prior to the date of the show or activity.
E. All pasture and animal storage areas shall be
enclosed with fences or walls of a minimum of four
feet six inches in height. The design of these
enclosures shall be shown on drawings submitted
with the conditional use permit application.
F. All laws applicable to the public health and
appropriate care of animals must be complied with
for the entire period of operation of the stable.
G. All activity and pasture areas that are not
grassed shall be treated for dust control as approved
by the planning director.
H. Adequate parking for daily activities shall be
shown on the site plan and improved to city parking
standards. Additional parking, improved as deter-
mined by the planning director, shall be provided
for shows or other special events.
(Ord. No. 1645, § 18.40.190, 8-15-2005; Ord. No.
1693, § 12(18.40.190), 2-20-2007; Ord. No. 1709,
§ 11(18.40.190), 7-16-2007; Ord. No. 1761, exh.
G(18.40.190), 7-6-2009)
Sec. 38.22.200. Tennis and racquet club.
A. The use will be compatible with any adjacent
neighborhood and will not be detrimental to the
same due to:
1. Increased automobile traffic;
2. Noise generated from within the site.
B. Perimeter fencing of the site may be required,
fencing of outdoor courts shall not exceed 16 feet in
height, and fencing may be required to be opaque
by the planning director or city commission.
C. When the club is located within a residential
zoning district, there shall be no shows, tourna-
ments or other activity which would generate more
traffic than is normal to a residential area, unless
access is provided from an arterial street as set forth
in the city growth policy. If access is not provided
from an arterial street, permission for such shows
and activities shall be obtained from the city com-
mission. Permission shall be requested in a letter
with a site sketch that explains the nature and
duration of the activity and accommodations for
spectators, additional parking and traffic control.
This letter shall be submitted to the city clerk for
city commission consideration.
D. There shall be a landscaped 50-foot buffer
strip adjacent to any residential zoning district, or as
otherwise determined by the ADR or DRB.
E. Hours of operation may be controlled by the
city commission.
(Ord. No. 1645, § 18.40.200, 8-15-2005; Ord. No.
1693, § 12(18.40.200), 2-20-2007; Ord. No. 1709,
§ 11(18.40.200), 7-16-2007; Ord. No. 1761, exh.
G(18.40.200), 7-6-2009)
Sec. 38.22.210. Community center.
A. Within residential districts, there shall be
public street access onto an arterial or collector
standard street within 600 feet of the entrance to a
community center site.
B. Community centers located within residential
districts shall, when any individual structure ex-
ceeds 5,000 square feet in gross floor area or
exceeds the district's allowed maximum height,
provide a 20 foot landscaped yard between the
building and adjacent residential uses. A structure
separated from the adjacent residential uses by a
parking lot, public street, watercourse, public open
space, or similar separation is exempt from the
additional yard width requirement.
C. Each community center site with more than
40 parking spaces shall provide a minimum of two
ingress/egress points which comply with section
38.24.090.
(Ord. No. 1693, § 12(18.40.200), 2-20-2007; Ord.
No. 1709, § 11(18.40.210), 7-16-2007; Ord. No.
1761, exh. G(18.40.210), 7-6-2009)
Sec. 38.22.220. Medical marijuana.
A. Any activity involving medical marijuana
must meet all requirements of state law including,
but not limited to, the standards of title 50, chapter
§ 38.22.220UNIFIED DEVELOPMENT CODE
CD38:149PROOFS
46, Montana Code Annotated (MCA 50-46-101 et
seq.), and limits on possession, clean air, etc., and
any applicable administrative rules established by
the state. Should such rules or laws change, any
medical marijuana facility shall immediately begin
any required process to come into compliance with
the new rules. This includes submittal for review of
applications to the city as they may relate to zoning,
business licensing, or other municipal programs.
Compliance with city zoning regulations does not
shield any person, corporation, or other legal entity
from the requirements of, or enforcement by, other
governing entities, or from civil liabilities.
1. Unless specifically exempted, any person
or an existing or proposed entity intending
to conduct activities which meet the defini-
tions of "agriculture," "manufacturing," "of-
fice" or "retail" as established in article 42
of this chapter which is for the purpose of
growing, processing, distribution, and/or
any other activity related to medical mari-
juana shall in addition to this section, com-
ply with all other provisions of the this
Code, and shall not be located within 1,000
linear feet of the exterior property line of:
a. All schools or facilities owned or
operated by Bozeman School District
7 whether located inside or outside the
city limits; or
b. Allprivateschools,notincludinghome
schools, whether located inside or out-
side the city limits, which provide
instruction in the class range from
kindergarten to 12th grade and which
are either subject to MCA 20-5-109,
or listed as a kindergarten provider by
the county superintendent of schools.
c. For purposes of this section, specified
distances will be measured in a straight
line, without regard to intervening
structures from the property line of a
school as stated in subsections 1a and
b of this section, regardless of whether
those schools are located within the
jurisdictional limits of the city, to the
property lien of the business provid-
ing medical marijuana.
2. Any activities meeting the definitions of
"agriculture," "manufacturing," "office" or
"retail" as established in article 42 of this
chapter which is for the purpose of grow-
ing, processing, distribution, and/or any
other activity related to medical marijuana
may not be located in the R-4 residential
high density district and the R-O residential
office district when it overlays a residen-
tially oriented growth policy designation;
or within the core area of the B-3 district as
defined in section 38.10.010.A.3.
3. The requirements of subsections 1 and 2 of
this section do not apply to:
a. An individual registered qualifying
patient who possesses marijuana in
accordance with the limits and require-
ments of title 50, chapter 46, Montana
Code Annotated (MCA 50-46-101 et
seq.) solely for that qualifying pa-
tient's own use; or
b. To a caregiver providing care to not
more than two qualifying patients who
reside within the same dwelling as the
caregiver. The caregiver and qualify-
ing patients shall maintain appropriate
state agency qualification at all times
that medical marijuana is present.
4. Establishing a medical marijuana facility
may result in a change in the designation of
building code occupancy type. A change in
use or occupancy type may require physical
modifications to the structure which must
be approved by the building division prior
to any construction as required by section
38.34.100.
5. Air discharge control. Any medical mari-
juana growing or processing operation that
§ 38.22.220 BOZEMAN MUNICIPAL CODE
CD38:150PROOFS
contains 24 or more marijuana plants at any
one time shall provide a forced air vent
discharge point that is:
a. Located no closer than 30 feet from an
adjacent property line or a residence;
or
b. Provides a mechanical filtration sys-
tem to control discharges of particu-
lates and odors. The ventilation filtra-
tion system shall be designed by a
mechanical engineer licensed to prac-
tice in the state such that odors and
particulates may not be detected by
unaidedhumanobservationattheprop-
erty boundary, and noise produced by
the system shall be controlled and
minimized.
6. Any person making application for a zon-
ing approval for a medical marijuana busi-
ness shall provide evidence of DPHHS
approval as a caregiver at the time of
application and shall maintain such DPHHS
approval at all times. Failure to maintain
approval immediately suspends zoning ap-
proval to operate a medical marijuana busi-
ness in the city.
7. These regulations are for review of appli-
cations to the city and do not restrict
property owners from establishing more
stringent standards for their properties.
(Ord. No. 1786, § 8(18.40.220), 7-26-2010)
ARTICLE 23. DEVELOPMENT
STANDARDS
Sec. 38.23.010. General standards.
A.Conformance.The design and development
of all land uses shall conform to this chapter,
adopted growth policies, any relevant adopted neigh-
borhood or subarea plan, and other resolutions and
regulations, including any and all amendments
thereto.
B.Natural environment.The design and devel-
opment of all land uses shall be properly related to
topography, and should, to the extent possible,
preserve the natural terrain, natural drainage, exist-
ing topsoil, trees and other existing vegetation.
C.Landsunsuitablefordevelopment.Landwhich
the planning director or city commission has found
to be unsuitable for development because of poten-
tial hazards such as flooding, land slides, excessive
slope, rock falls, subsidence, high water table,
presence of wetlands; or because of unreasonable
burdens on the general public such as requirements
for the excessive expenditure of public funds,
environmental degradation, or congestion in the
streets or roads shall not be used for building or
residential purposes unless the hazards or excessive
public burdens are eliminated or will be overcome
by appropriate design and construction plans. Slopes
of 25 percent or greater shall be presumed unbuild-
able unless provided otherwise by the developer.
(Ord. No. 1645, § 18.42.010, 8-15-2005; Ord. No.
1693, § 13(18.42.010), 2-20-2007; Ord. No. 1709,
§ 12(18.42.010), 7-16-2007; Ord. No. 1761, exh.
H(18.42.010), 7-6-2009; Ord. No. 1769, exh.
G(18.42.010), 12-28-2009)
Sec. 38.23.020. Neighborhood centers.
A. To provide a neighborhood focal point, all
residential subdivisions or planned unit develop-
ments, that are ten net acres in size or greater, shall
have a neighborhood center. Developments may be
exempted from this requirement if every lot within
the development is within one-half mile of an
existing neighborhood center. Generally, the center
shall be no less than one acre in size. The center
shall be comprised of a park, square, green, plaza,
transit stop, neighborhood commercial center, civic
use or any combination of these. The following
requirements shall apply to all neighborhood cen-
ters:
1. The geographic center point of the neigh-
borhood 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:
a. The development would create par-
cels that are all nonresidential;
§ 38.23.020UNIFIED DEVELOPMENT CODE
CD38:151PROOFS
b. The center is a neighborhood commer-
cial center or is adjacent to a neigh-
borhood commercial center;
c. The site is constrained by the presence
of critical lands;
d. The site is part of an approved subarea
plan that shows the center in a differ-
ent location; or
e. The topography of the site presents
physical constraints on the property.
2. With the exception of civic and neighbor-
hood commercial center uses, the developer
shall be responsible for installing all center-
related improvements as part of the re-
quireddevelopmentimprovements.Improve-
ments 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
article 42 of this chapter, and/or city stan-
dards.
3. The neighborhood center shall have front-
age 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 38.27.060.
4. With the exception of civic and neighbor-
hood commercial center buildings and
grounds, the center shall be considered a
common area to be owned and maintained
by the property owners or a property own-
ers association. The property owners asso-
ciation could establish an improvement dis-
trict to collect assessments to pay for the
maintenance.
5. Areas within neighborhood centers used for
park, square, green and/or square, that meet
the following criteria, may count towards
park land dedication requirements subject
to review and approval by the city commis-
sion, after receiving a recommendation from
the city recreation and parks advisory board:
a. The area is predominantly open space
with enhanced natural features, but
may contain amenities such as side-
walks, seating, drinking and ornamen-
tal fountains and public art; and
b. The area provides active and/or pas-
sive recreation opportunities.
6. The neighborhood center may be used for
limited stormwater retention/detention fa-
cilities if reviewed and approved by the city
engineer. However, any part of the center
used for stormwater management shall not
count towards park dedication require-
ments.
(Ord. No. 1645, § 18.42.020, 8-15-2005; Ord. No.
1693, § 13(18.42.020), 2-20-2007; Ord. No. 1709,
§ 12(18.42.020), 7-16-2007; Ord. No. 1761, exh.
H(18.42.020), 7-6-2009; Ord. No. 1769, exh.
G(18.42.020), 12-28-2009)
Sec. 38.23.030. Lot.
A.Dimensions and orientation.Lot size, width,
shape and orientation shall be appropriate for the
location and contemplated use of the development.
In residential developments, a variety of lot sizes
shall be provided to facilitate housing diversity and
choice, and to meet the projected requirements of
people with different housing needs. Lot designs
with irregular shapes, narrow necks, points and flag
shapes shall be permitted only when the developer
can demonstrate that the proposed lot designs are
necessary due to topography or other physical
constraints. Each lot shall contain a satisfactory
building site adequate for the uses permitted in its
zoning district. Each lot shall conform to this
chapter, any growth policies, any relevant neighbor-
hood or subarea plan, where officially adopted, and
to any applicable regulations of the state 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
§ 38.23.020 BOZEMAN MUNICIPAL CODE
CD38:152PROOFS
would reduce the amount of buildable land to less
than the minimum lot size required by this chapter
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 separa-
tion of residential development from arterial streets;
to provide access to development adjacent to lim-
ited access streets; to overcome topography or other
physical conditions; or to overcome specific disad-
vantages of existing design and orientation. Lots
fronting on a street and an alley shall not be
considered double/through or reverse frontage lots.
D.Corner lots.Corner lots shall have sufficient
width to permit appropriate building setbacks from
both streets and provide acceptable visibility for
traffic safety.
1. Generally, homes on corner lots shall have
the same orientation as homes on lots on
the interior of the block, unless otherwise
approved through an overall development
plan. Covenants shall contain information
regarding the orientation for all corner lots.
E.Width.Lots shall have a width sufficient to
allow normal construction without the construction
encroaching on property lines, and shall comply
with the building setback requirements of this
chapter.
F.Depth.Except for individual lots for individ-
ual townhomes, lots used to meet the requirements
of chapter 10, article 8, and for modular lots as
allowed by subsection K of this section, no lot shall
have an average depth greater than three times its
average width.
G.Side lot lines.Side lot lines shall be at
substantially right angles to street or road lines and
radial to curved street or road lines.
H.Frontage.Unless otherwise allowed by this
chapter, all lots will have frontage in compliance
with section 38.24.090.B to provide, among other
things, adequate room for snow removal, lot access
and utility easements.
I.Civic uses.If lots are reserved or identified for
civic uses, these lots must be prominent sites at the
termination of street vistas, or in the neighborhood
center.
J.Exceptions.Commonly owned lots used for
accessory uses (i.e., stormwater management, open
space, utilities) are exempt from the provisions of
this section.
(Ord. No. 1645, § 18.42.030, 8-15-2005; Ord. No.
1693, § 13(18.42.030), 2-20-2007; Ord. No. 1709,
§ 12(18.42.030), 7-16-2007; Ord. No. 1761, exh.
H(18.42.030), 7-6-2009; Ord. No. 1769, exh.
G(18.42.030), 12-28-2009)
Sec. 38.23.040. Blocks.
A. Size and orientation. Blocks shall be de-
signed to ensure a high level of multimodal con-
nectivity, traffic safety, and ease of traffic control
and circulation; to accommodate the special needs
of the use contemplated; and to take advantage of
the limitations and opportunities of the topography.
B. Block length. Block length shall not be de-
signed, 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 orienta-
tion.
D. Rights-of-way for pedestrians. Rights-of-way
for pedestrian walks, not less than ten feet wide,
shall be required where deemed necessary to pro-
vide circulation or access to parks, open space,
schools, playgrounds, shopping centers, transporta-
tion, and other community facilities. In addition, no
continuous length of block shall exceed 600 feet
§ 38.23.040UNIFIED DEVELOPMENT CODE
CD38:153PROOFS
without intersecting a street or pedestrian walk.
Pedestrian walks shall also be installed at the end of
culs-de-sac 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 pedes-
trian rights-of-way 30 feet wide or greater
shall be treated as side yards;
2. The pedestrian walks shall be maintained
by the adjacent property owner or by the
property owners association. The party re-
sponsible 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 section 38.24.080 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.
(Ord. No. 1645, § 18.42.040, 8-15-2005; Ord. No.
1693, § 13(18.42.040), 2-20-2007; Ord. No. 1709,
§ 12(18.42.040), 7-16-2007; Ord. No. 1761, exh.
H(18.42.040), 7-6-2009; Ord. No. 1769, exh.
G(18.42.040), 12-28-2009)
Sec. 38.23.050. Utilities.
A. Utilities shall be placed underground, wher-
ever technically and economically feasible. Under-
ground utilities, if placed in a street right-of-way,
shall be installed after the street has been brought to
grade and before it is surfaced.
B. If overhead utility lines are used, they shall
be located at the rear property line.
C. Utility facilities shall be designed by utility
firms in cooperation with the developer. The facil-
ities are subject to all applicable laws, rules and
regulations of the appropriate regulatory authori-
ties.
D. The developer shall provide adequate and
appropriate utility easements in compliance with
section 38.23.060.
(Ord. No. 1645, § 18.42.050, 8-15-2005; Ord. No.
1693, § 13(18.42.050), 2-20-2007; Ord. No. 1709,
§ 12(18.42.050), 7-16-2007; Ord. No. 1761, exh.
H(18.42.050), 7-6-2009; Ord. No. 1769, exh.
G(18.42.050), 12-28-2009)
Sec. 38.23.060. Easements.
A.Required easements.Where determined to be
necessary, public and/or private easements shall be
provided for private and public utilities, drainage,
vehicular or pedestrian access, etc.
1. In subdivisions, all easements shall be de-
scribed, dimensioned and shown on the
final plat in their true and correct location.
2. In all other developments, the proper ease-
ments documents shall be prepared for
review and approval by the city, 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 ease-
ments.
3. No lot shall be encumbered by a public or
private utility easement in a way that would
decrease the amount of buildable land to
less than the area required by this chapter
for the applicable zoning district.
B.Private utility easements.Private utilities in-
clude, but are not limited to, natural gas, electricity,
telephone, cable and fiber optic lines. The devel-
oper shall provide private utility easements neces-
sary 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 coordi-
nated with all provided utility ease-
ments. If a utility easement will be
greater than the building setback re-
§ 38.23.040 BOZEMAN MUNICIPAL CODE
CD38:154PROOFS
quired by this chapter, a note to that
effect shall be placed on the final plat
and/or final site plan as appropriate.
b. Where a utility easement is to be
located in an existing, dedicated right-
of-way, an encroachment permit must
be obtained from the local or state
street or road department having ju-
risdiction.
c. If placed in a city right-of-way, ease-
ments 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 ten feet
wide, and shall always be provided
unless written confirmation is submit-
ted to the planning department from
all utility companies providing service
indicating that front yard easements
are not needed.
b. Rear yard utility easements. The pro-
vision of rear yard utility easements is
not mandatory unless they are re-
quired by any or all of the utility
companies to adequately serve the
development. If provided, rear yard
utility easements on each lot shall be
six feet wide if adjacent to a public
alley and ten feet if not adjacent to a
public alley.
c. Side yard utility easements. The pro-
vision of side yard utility easements is
not mandatory unless they are re-
quired by any or all of the utility
companies to adequately serve the
development. If provided, the width
of the side yard utility easement shall
be determined on a case-by-case basis
based on the needs of the utility com-
panies.
3. Private utility plans.
a. When the concurrent construction op-
tion will be used, based on the provi-
sions of section 38.39.030.D, private
utility plans shall be included with the
preliminary PUD submittal.
b. Private utility plans shall be provided
with any plans and specifications sub-
mittals 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 en-
croaches on a private utility easement un-
less written approval from all utility com-
paniesisprovidedtotheplanningdepartment.
C.Public utility easements.Public utilities in-
clude water, sewer and stormwater facilities that are
dedicated to and maintained by the city.
1. A public utility easement shall be granted
for all public utility mains not located
within public street right-of-way. An ease-
ment shall be at least 30 feet wide for either
one or two utility mains. An additional ten
feet of width is required for each additional
main that occupies the easement. Wider
easements may be required at the discretion
of the city for large utility lines.
2. Public utility easements shall be provided
for all meter pits and fire hydrants main-
tained by the city.
3. No permanent structures shall be placed
within public utility easements unless an
encroachment permit has been obtained
from the city.
D.Easements for agricultural water user facil-
ities.
1. Except as noted in subsection D.2 of this
section, the developer shall establish appro-
priate irrigation facility easements that:
a. Are in locations of appropriate topo-
graphic characteristics and sufficient
§ 38.23.060UNIFIED DEVELOPMENT CODE
CD38:155PROOFS
width to allow the physical placement
and unobstructed maintenance of ac-
tive open ditches or below ground
pipelines. The easement shall facili-
tate the delivery of water for irrigation
to persons and lands legally entitled to
the water under an appropriated water
right or permit of an irrigation district
or other private or public entity formed
to provide for the use of the water
right;
(1) The easements shall ensure the
conveyance of irrigation water
through the land to be developed
to lands adjacent to or beyond
the development's boundaries in
quantities and in a manner that
are consistent with historic and
legal rights; and
(2) A minimum easement width of
ten 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, mainte-
nance 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 ease-
ment 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 dis-
closure, in a manner acceptable to the
city commission, that adequately no-
tifies 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
b. The water rights are removed or the
process has been initiated to remove
the water rights from the subdivided
land. If the water rights have been or
will be removed from the land within
the development it shall be denoted on
the preliminary plat. If removal of
water rights is not complete upon
filing of the final plat, the subdivider
shall provide written notification to
prospective buyers of the intent to
remove the water right and shall doc-
ument that intent, when applicable, in
agreements and legal documents for
related sales transactions.
3. The realignment or relocation of active
irrigation ditches or pipelines is discour-
aged. If an irrigation facility or points of
diversions thereon are proposed to be re-
aligned or relocated, the developer's profes-
sional engineer shall certify, prior to final
plat or final plan approval, that the water
entering and exiting the realigned or relo-
cated irrigation facility is the same quality
and amount of water that entered or exited
the facility prior to realignment or reloca-
tion.
4. Stormwater from a development shall not
be discharged to an irrigation facility.
5. As land is converted from agricultural to
urban uses, and irrigation ditches are no
longer in use, the ditches shall be aban-
doned and filled.
E.Other easements.Public access easements for
streets and trails shall be provided in accordance
with the provisions of articles 24 and 27 of this
chapter.
(Ord. No. 1645, § 18.42.060, 8-15-2005; Ord. No.
1693, § 13(18.42.060), 2-20-2007; Ord. No. 1709,
§ 38.23.060 BOZEMAN MUNICIPAL CODE
CD38:156PROOFS
§ 12(18.42.060), 7-16-2007; Ord. No. 1761, exh.
H(18.42.060), 7-6-2009; Ord. No. 1769, exh.
G(18.42.060), 12-28-2009)
Sec. 38.23.070. Municipal water, sanitary sewer
and storm sewer systems.
A.General.All municipal water supply, sanitary
sewer and storm sewer system facilities shall com-
ply with the following requirements:
1. The developer shall install complete munic-
ipal water and sanitary sewer system facil-
ities, or a system allowed by section
38.21.030.D, 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 the
state department of environmental quality
and the city, and shall conform with any
applicable facilities plan. The city's require-
ments are contained in the Design Stan-
dards and Specifications Policy and the
City of Bozeman Modifications to Montana
Public Works Standard Specifications, and
by this reference these standards are incor-
porated into and made a part of these
regulations.Thedevelopershallsubmitplans
and specifications for the proposed facili-
ties to the city and to the state department
of environmental quality and shall obtain
their approvals prior to commencing con-
struction of any municipal water, sanitary
sewer or storm sewer system facilities.
2. The cutting of any city street shall be done
in compliance with the city's street cut
policy.
3. When a proposed development adjoins un-
developed land, and municipal infrastruc-
ture mains would reasonably pass through
the new development to the undeveloped
land, municipal infrastructure mains shall
be arranged to allow the suitable develop-
ment 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. An exception
to this standard may be granted by the
director of public services upon written
request of the applicant, if the applicant
demonstrates during the development re-
view process that more efficient design can
be accomplished without jeopardizing the
public's health, safety and welfare, the in-
tent of this chapter, or the intent of the city's
growth policy, in which case a subdivision
variance must be approved by the city
commission.
B.Municipal water supply system; additional
requirements.Municipal water supply system facil-
ities shall also comply with the following require-
ments:
1. When the city's municipal water main is
extended, the length of a dead-end water
main typically shall not exceed 500 feet in
length, unless approved in writing by the
city engineer and the water and sewer
superintendent.
2. The length of service lines from the main to
the structure may not exceed 150 feet in
length, unless approved in writing by the
city engineer and water and sewer superin-
tendent.
(Ord. No. 1645, § 18.42.070, 8-15-2005; Ord. No.
1693, § 13(18.42.070), 2-20-2007; Ord. No. 1709,
§ 12(18.42.070), 7-16-2007; Ord. No. 1761, exh.
H(18.42.070), 7-6-2009; Ord. No. 1769, exh.
G(18.42.070), 12-28-2009; Ord. No. 1796, § 1,
1-3-2011)
Sec. 38.23.080. Grading and drainage.
A. The developer shall install complete drainage
facilities in accordance with the requirements of the
state department of environmental quality and the
city, and shall conform to any applicable facilities
plan and the terms of any approved site specific
stormwater control plan. The city's requirements are
contained in the design standards and specifications
policy and the city modifications to state public
§ 38.23.080UNIFIED DEVELOPMENT CODE
CD38:157PROOFS
works standard specifications, and by this reference
these standards are incorporated into and made a
part of these regulations. The developer shall sub-
mit plans and specifications to the city and to the
state department of environmental quality (if appli-
cable), 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. Gener-
ally, 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. Excep-
tions may be granted by the city engineer when
adequate drainage facilities are provided. All drain-
age plans shall comply with the requirements of the
International Building Code and International Res-
idential Code as adopted by the city, and by this
reference these standards are incorporated into and
made a part of these regulations.
C. Drainage systems shall not discharge into any
sanitary sewer facility or agricultural water user
facility.
D. Stormwater retention or detention ponds may
be located within public park land, but such areas
shall not count towards the park land dedication
requirement.Any stormwater ponds located on park
land shall be designed, constructed and/or added to
so as to be conducive to the normal use and
maintenance of the park. Stormwater ponds serving
multiple lots in separate ownership shall not be
located on private lots or public right-of-way.
Stormwater retention or detention ponds shall be
maintained by the property owners association.
E. The city may require the developer to estab-
lish easements or other perpetual controls to prevent
encroachment or disruption of drainageways or
facilities.
F. Stormwater facilities shall generally not oc-
cupy more than one-third of a required front yard.
G. All finish grades in landscaped areas shall
comply with the provisions set forth in section
38.26.050.L.
H. Stormwater retention/detention facilities in
landscaped areas shall be designed as landscape
amenities. They shall be an organic feature with a
natural, curvilinear shape. The facilities shall have
75 percent of surface area covered with live vege-
tation 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 func-
tional yet, natural site feature. A cross section and
landscape detail of each facility shall be submitted
with the final landscape plan for review and ap-
proval. Facilities with a slope up to and including
ten percent grade may be grassed and irrigated to
blend into the adjacent landscaped area.
(Ord. No. 1645, § 18.42.080, 8-15-2005; Ord. No.
1693, § 13(18.42.080), 2-20-2007; Ord. No. 1709,
§ 12(18.42.080), 7-16-2007; Ord. No. 1761, exh.
H(18.42.080), 7-6-2009; Ord. No. 1769, exh.
G(18.42.080), 12-28-2009)
Sec. 38.23.090. Fire protection requirements.
A. All developments shall be planned, designed,
constructed and maintained so as to minimize risk
of fire and to permit the effective and efficient
suppression of fires in order to protect persons and
property.
1. The placement of structures shall minimize
the potential for flame spread and permit
adequate access for firefighting equipment;
and
2. Adequate firefighting facilities shall be pro-
vided, including an adequate and accessible
water supply and water distribution system.
a. National Fire Protection Association
(NFPA) standards for hydrant systems
shall be met.
b. City's requirements as contained in
the design standards and specifica-
§ 38.23.080 BOZEMAN MUNICIPAL CODE
CD38:158PROOFS
tions policy and the city modifications
to state public works standard speci-
fications shall apply.
(Ord. No. 1645, § 18.42.090, 8-15-2005; Ord. No.
1693, § 13(18.42.090), 2-20-2007; Ord. No. 1709,
§ 12(18.42.090), 7-16-2007; Ord. No. 1761, exh.
H(18.42.090), 7-6-2009; Ord. No. 1769, exh.
G(18.42.090), 12-28-2009)
Sec. 38.23.100. Watercourse setback.
A. Where a development is crossed by or is
adjacent to a watercourse, the developer shall mit-
igate the impacts of the development on the water-
course. This mitigation may not be less restrictive
than the requirements of the city floodplain regula-
tions or any other applicable regulation of this
chapter. The purpose of this mitigation is bank
stabilization; sediment, nutrient and pollution re-
moval; and flood control.
1.Setback for developments granted prelimi-
nary plan or plat approval prior to July 10,
2002.These provisions shall apply to all
developments granted preliminary plan or
plat approval prior to July 10, 2002, includ-
ing applicable subdivision exemptions:
a. Setbacks. A minimum 100-foot set-
back shall be provided along both
sides of the East Gallatin River. A
minimum 35-foot setback shall be
provided along both sides of all other
watercourses.
(1) A portion of the required set-
back, immediately adjacent to
the ordinary high water mark,
shall be left in a natural vegeta-
tive state as follows:
(a) East Gallatin River — 50
feet.
(b) Other watercourses — five
feet.
(2) No fence, residential or commer-
cial structure, fill material, park-
ing or other similar improve-
ments shall be located within
required watercourse setbacks.
(3) All watercourse setbacks shall
be measured from the ordinary
high water mark as defined in
section 38.42.2200. When no or-
dinary high water mark is dis-
cernible, setbacks shall be mea-
sured from the top of the
streambank.
2.Setbacks for developments granted prelim-
inary plan or plat approval on or after July
10, 2002.These provisions shall apply to
all developments granted preliminary plat
or plan approval on or after July 10, 2002.
a. In the event a site with an existing
development, that is subject to subsec-
tion 1 of this section, is submitted to
the city for a review subject to articles
19, 20 and 32 of this chapter after July
10, 2002, the proposed development
shall comply with this subsection 2 to
the extent reasonably feasible given
the existing site conditions. The final
approval body for the proposed devel-
opment 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
subsection 1 of this section. It is the
intent of this subsection 2 that full
compliance with the terms of this
subsection 2 shall be achieved over
time without unduly burdening exist-
ing development.
b. In addition to any relaxation of water-
course setbacks provided by subsec-
tion 2.a of this section, nothing in this
section shall prohibit an owner of
affected property from:
(1) Applying for a variance to di-
mensional standards of the wa-
§ 38.23.100UNIFIED DEVELOPMENT CODE
CD38:159PROOFS
tercourse setbacks as allowed by
and subject to the requirements
of article 35 of this chapter;
(2) When applicable, seeking a de-
viation to dimensional standards
of the watercourse setback as
allowed by and subject to the
requirements of articles 16, 17
or 20 of this chapter;
(3) Combining two or more lots to
assemble a larger and more us-
able parcel;
(4) Petitioning the state department
of fish, wildlife and parks and
the county water conservation
district to seek the reclassifica-
tion of the relevant watercourse
as an irrigation facility not sub-
ject to the requirements of this
section;
(5) After receipt of required permits
relocating the watercourse; or
(6) Pursuing any other lawful means
of relief from the effects of this
section.
c. Setbacks. Unless otherwise specified
in subsection 2.e of this section, the
following setback requirements shall
be met:
(1) East Gallatin River. A minimum
100-foot setback shall be pro-
vided along both sides of the
East Gallatin River.
(2) Sourdough/Bozeman Creek and
Bridger Creek. A minimum 75-
foot setback shall be provided
along both sides of Sourdough/
Bozeman and Bridger Creeks.
(3) Other watercourses. A minimum
50-foot setback shall be pro-
vided along both sides of all
other watercourses.
(4) All required watercourse set-
backs shall be extended as nec-
essary to address these addi-
tional requirements.
(a) The setback shall extend to
the edge of any delineated
100-year floodplain if the
floodplain is larger than the
setbacks established in this
subsection 2.c;
(b) The setback shall include
immediately adjacent wet-
lands (i.e., fringe).The buf-
fer width shall be extended
by the width of the wet-
land;
(c) Areas with a slope greater
than33percentdonotcount
towards the width of the
setback; and
(d) The setback shall include
connected wetlands. The
buffer width shall be ex-
tended by a minimum of
50 feet beyond the perime-
ter of the connected wet-
lands.
(5) All watercourse setbacks shall
be measured from the ordinary
high water mark as defined in
section 38.42.2200. When no or-
dinary high water mark is dis-
cernible, setbacks shall be mea-
sured from the top of the
streambank.
d. 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 confor-
mance with, a variance or deviation
process as authorized in this chapter.
§ 38.23.100 BOZEMAN MUNICIPAL CODE
CD38:160PROOFS
e. Exceptions. The watercourse setback
is divided into two zones. Zone 1
consists of the 60 percent of the set-
back closest to the watercourse, and
Zone 2 consists of the 40 percent of
the setback furthest from the water-
course.
(1) On-site stormwater treatment fa-
cilities may be located in Zone
2.
(2) Trails and trail-related improve-
ments may be placed within the
requiredwatercoursesetbacksub-
ject to the following provisions:
(a) Trails, and trail-related im-
provementssuchasbenches
and trail signage, may be
placed in Zone 2;
(b) Limited,non-loopingdevel-
oped spur trails to the wa-
ter's edge may cross all
zones. Benches and limited
informational/interpretive
signage may be placed in
Zone 1 at the terminus of
spur trails;
(c) Due to topography, avoid-
ance of wetlands, or other
geographical constraints
portions of non-spur trails
may need to be placed
within Zone 1. Trail con-
struction within Zone 1, in-
clusive of watercourse
crossings and spur trails,
per each side of the water-
course may not exceed the
length of 300 percent of
the width of the applicable
watercoursesetbackper500
lineal feet of watercourse;
(d) All trails must be con-
structed to minimize bank
instability, sedimentation,
nutrient and pollution run-
off. Trails shall be aligned
tominimizedamagetoplant
and wildlife habitat; and
(e) Trails crossing the water-
course and trail-related
bridge structures may be
locatedwithinallzonespro-
vided that the appropriate
local, state and federal per-
mits are obtained.
(3) Streets, sidewalks, utility lines
orsimilarpublicconstructionmay
be permitted within all zones for
the purpose of crossing a water-
course or protecting public health
and safety. The following prac-
tices shall be observed:
(a) Crossings shall be mini-
mized to the greatest extent
feasible;
(b) Crossings with direct an-
gles (90 degrees) shall be
used to the greatest extent
feasible instead of oblique
crossing angles;
(c) Construction shall be capa-
ble of withstanding 100-
year flood events;
(d) Thesubdivisiongradingand
drainage plan shall be de-
signed to prevent the dis-
charge of untreated
stormwater into a water-
course; and
(e) A bank stabilization plan
for all public construction
watercourse crossings shall
be prepared and approved
by the city prior to site
preparation and installation
of the improvement.
(4) Outlets from stormwater treat-
ment facilities may pass through
all zones in order to discharge to
§ 38.23.100UNIFIED DEVELOPMENT CODE
CD38:161PROOFS
the receiving watercourse, pro-
vided that all required permits
are obtained.
(5) Control of noxious weeds is re-
quired and activities required
within limits outlined in any ap-
provednoxiousweedcontrolplan
may occur in all zones.
f. Setback planting. A setback planting
plan shall be prepared by a qualified
landscape professional, and shall be
reviewed and approved by the plan-
ningdepartmentpriortothecommence-
ment of development or site prepara-
tion.The plan shall include a schedule,
and plantings shall be depicted on the
plan as follows:
(1) Zone 1: Zone 1 shall be planted
with new or existing native ma-
terials suited for a riparian area
based on the following calcula-
tions. One hundred percent of
the disturbed areas of Zone 1
shall be planted with a ground
cover of native riparian sedges,
forbs and grasses suited for the
area. In addition, a minimum of
one shrub for every ten 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. Species that are ap-
propriate to the soil hydrologic
conditions (wetness of soil and
depth to the water table) should
be used. Tree and shrub species
selected shall be suitable for the
climate and for planting in a
riparian area with an emphasis
on native species. The Natural
Resources Conservation Service
(NRCS), the state native plant
society and the county local wa-
ter quality district (LWQD) are
good sources of landscaping ma-
terials and/or landscaping infor-
mation.
(2) Zone 2: Disturbed areas of Zone
2 shall be planted with new or
existing native grasses suited for
the area.
(3) 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 pro-
vided for the trees and shrubs,
the number of required trees may
be reduced to one tree for every
60 linear feet and one shrub for
every 20 linear feet of the water-
course along each side of the
watercourse.
(4) Planting materials are exempt
from the size requirements of
section 38.26.050.G.3.
(5) To prevent soil erosion and the
invasion of noxious weeds, the
watercourse setbacks on all land
proposed for development shall
be covered with existing vegeta-
tion or shall be seeded with na-
tive grasses as soon as season-
ally feasible or prior to
commencement of any site de-
velopment or site preparation
work.
(6) Native shall mean those plants
which are native to the Gallatin
Valley.
(7) Use native grasses, forbs, sedges
and other herbaceous plants in
areasofdisturbance(e.g.,bridges,
culverts, utilities installation,
trails) within the watercourse set-
§ 38.23.100 BOZEMAN MUNICIPAL CODE
CD38:162PROOFS
back. Native woody plantings
are required in all zones in dis-
turbed and undisturbed areas.
g. Except for as otherwise allowed in
subsections 2.e and f of this section,
no disturbance of soils and existing
vegetation shall occur in all zones.
3.Other provisions.
a. The watercourse setback shall be de-
picted on all preliminary and final
plats and plans.
b. These provisions do not apply to ag-
ricultural uses, including lands con-
trolled in the conservation reserve pro-
gram (CRP), activities, and structures
that existed prior to the effective date
of the ordinance from which this sec-
tion is derived. Any agricultural uses,
activities or structures established af-
ter the effective date of the ordinance
from which this section is derived
shall comply with these regulations.
An agricultural use, activity or struc-
ture shall be considered abandoned if
not used for agricultural purposes for
more than 180 consecutive days.
(Ord. No. 1645, § 18.42.100, 8-15-2005; Ord. No.
1693, § 13(18.42.100), 2-20-2007; Ord. No. 1709,
§ 12(18.42.100), 7-16-2007; Ord. No. 1761, exh.
H(18.42.100), 7-6-2009; Ord. No. 1769, exh.
G(18.42.100), 12-28-2009)
Sec. 38.23.110. Ridgelines and viewsheds.
A. 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 article 42
of this chapter and are identified and designated
based on topographic characteristics. The Bozeman
Ridgeline Map identifies areas with a high likeli-
hood of meeting the standards for ridgelines.
1. All buildings located within a ridgeline
protection area shall be set back from the
ridgeline a distance not less than three
times its height above grade. The distance
of the setback shall be measured perpendic-
ular from the ridgeline.
a. Exception. In the event a building
permit is sought for a lot approved or
created prior to January 1, 2004, the
proposed development shall comply
with this section to the extent reason-
ably feasible given the lot dimensions,
orientation, and other characteristics.
The final approval body for the pro-
posed development shall determine
the extent that is reasonably feasible
and may relax the special setback
required by this section, subject to
applicable appeal provisions. Such ad-
ministrative relief shall not reduce
setbacks below those required else-
where in this chapter.
(Ord. No. 1645, § 18.42.110, 8-15-2005; Ord. No.
1693, § 13(18.42.110), 2-20-2007; Ord. No. 1709,
§ 12(18.42.110), 7-16-2007; Ord. No. 1761, exh.
H(18.42.110), 7-6-2009; Ord. No. 1769, exh.
G(18.42.110), 12-28-2009)
Sec. 38.23.120. Mail delivery.
If mail delivery will not be to each individual lot
within the development, the developer shall provide
an off-street area for mail delivery within the
development in cooperation with the United States
Postal Service. It shall not be the responsibility of
the city to maintain or plow any mail delivery area
constructed within a city right-of-way.
(Ord. No. 1645, § 18.42.120, 8-15-2005; Ord. No.
1693, § 13(18.42.120), 2-20-2007; Ord. No. 1709,
§ 12(18.42.120), 7-16-2007; Ord. No. 1761, exh.
H(18.42.120), 7-6-2009; Ord. No. 1769, exh.
G(18.42.120), 12-28-2009)
Sec. 38.23.130. Fences, walls and hedges.
A.Location and height.Except as provided in
section 38.24.100, fences, walls and hedges, in any
district may be located on lot lines provided such
fences, walls and hedges comply with the following
height requirements:
1. Do not exceed six feet in height in any
required rear or required side yard. Fences
§ 38.23.130UNIFIED DEVELOPMENT CODE
CD38:163PROOFS
exceeding six feet in height shall be subject
to the minimum yard requirements of the
district in which such fences are located.
Decorative post caps may exceed the height
limit by no more than one additional foot.
Fences in excess of six feet in height
require a building permit before installation
may commence. Fences may not exceed
eight feet in height.
a. Agate may be provided which defines
an entrance point. The gate may have
a defining structure so long as the
defining structure is not more than
one foot wide on either side of the
gate. Gate structure heights may not
exceed twice the allowed fence height.
2. Do not exceed four feet in height in any
required front yard or any portion of a
required corner side yard that is forward of
the rear edge of the building facade nearest
the corner side yard. Decorative post caps
may exceed the height limit by no more
than one additional foot.
3. Fences used in an agricultural pursuit to
retain stock animals or for public safety
shall be excepted.
4. The height of fences located in the B-3
district shall meet the requirements of this
section for any provided, not required, yards.
B.Relation to linear parks.Fences located in
the rear or side yard setback of properties adjoining
any city linear park shall have a maximum height of
four feet.
C.Construction and maintenance.Every fence
orwallshallbeconstructedinasubstantial,workman-
like manner and of substantial material reasonably
suited for the purpose for which the fence or wall is
proposed to be used. Every fence or wall shall be
maintained in a condition of reasonable repair and
shall not be allowed to become and remain in a
condition of disrepair, damage or unsightliness, or
constitute a nuisance, public or private. Any such
fence or wall which is, or has become, dangerous to
the public safety, health or welfare, or has become
unsightly through improper maintenance or neglect
is a public nuisance and the building official shall
commence proper proceedings for the abatement
thereof.
D.Barbed wire and electric fences.
1. No barbed wire or similar sharp fencing or
electric fences shall be permitted, except in
R-S districts; except that barbed wire or
other similar sharp fencing materials may
be used on the top of security fences in M-1
and M-2 districts.
2. When electrically charged fences are used
in an R-S district, such fences shall be
posted with warning signs at intervals not
to exceed 150 feet where such fences are
adjacent to public rights-of-way.
E.Measuring fence and wall height.In case of a
fence erected on top of a retaining wall, the height
shall be measured from the grade of the high side of
the wall.
F."Finished" side out.Any fence or wall con-
structed so as to have only one elevation "finished,"
which shall be defined as not having its supporting
members significantly visible, shall be erected such
that the finished elevation of the fence is exposed to
the adjacent property.
G.Fencing of utilities and outdoor storage ar-
eas.
1. All utility substations, wells, storage facil-
ities or other utilities shall be screened from
view by a wall, fence, hedge or landscape
screen.
2. All storage for commercial operations shall
be conducted within a completed enclosed
building or within an area completely en-
closed, except for access points, by a wall,
fence, hedge or landscape screen at least six
feet in height.
(Ord. No. 1645, § 18.42.130, 8-15-2005; Ord. No.
1693, § 13(18.42.130), 2-20-2007; Ord. No. 1709,
§ 12(18.42.130), 7-16-2007; Ord. No. 1761, exh.
H(18.42.130), 7-6-2009; Ord. No. 1769, exh.
G(18.42.130), 12-28-2009)
§ 38.23.130 BOZEMAN MUNICIPAL CODE
CD38:164PROOFS
Sec. 38.23.140. Off-street loading berth require-
ments.
A.Affected uses.Every hotel/motel with restau-
rant, conference center, restaurant, department store,
freight terminal or railroad yard, hospital or sani-
tarium, industrial plant, manufacturing establish-
ment, 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 truckload-
ing or unloading berths in accordance with the
following Table 38.23.140:
1. Any office building 100,000 square feet or
larger shall have at least one off-street
loading berth.
Table 38.23.140
Square Feet of Aggregate
Gross Floor Area Devoted
to Such Use
Number of
Berths
15,000 square feet up to
and including 40,000
square feet
1
40,001 square feet up to
and including 100,000
square feet
2
For each additional
100,000 square feet
1 additional
B.Standards for off-street loading facilities. All
off-street loading facilities shall conform to the
following standards:
1. The first loading berth shall be at least 70
feet in length. Additional berths required
shall be at least 45 feet in length unless
certified by the property owner in writing
that additional loading activity will take
place exclusively with small delivery vans
in which case the berth 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 resi-
dential zone unless separated from such
zone, except at the accesses, by screening
not less than eight feet in height.
3. Sufficient room for turning and maneuver-
ing vehicles shall be provided on the site so
that vehicles shall cross a property line only
by driving forward.
4. Each loading berth shall be accessible from
a street or alley or from an aisle or drive
connecting with a street or alley, without
traversing a residential district.
5. The loading area, aisles and access drives
shall be paved so as to provide a durable,
dustless surface and shall be so graded and
drained so as to dispose of surface water
without damage to private or public prop-
erties, streets or alleys.
6. Bumper rails shall be provided at locations
where needed for safety or to protect prop-
erty.
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 pre-
scribed in this chapter for each use. If more
than one use is located on a site, and the
gross floor area of each use is less than the
minimum for which loading berths are
required, but the aggregate gross floor area
is greater than the minimum for which
loading berths are required, off-street load-
ing berths shall be provided as if the aggre-
§ 38.23.140UNIFIED DEVELOPMENT CODE
CD38:165PROOFS
gate 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 re-
quired off-street loading facilities for any
other use.
11. At the time of initial occupancy, major
alterations or enlargement of a site, or of
completion of construction of a structure or
of a major alteration or enlargement of a
structure, there shall be provided off-street
loading berth requirements subject to the
provisions of article 39 of this chapter. 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 enlarge-
ment.
12. Space allocated to any off-street loading
berth shall not be used to satisfy the space
requirements for any off-street parking fa-
cility.
(Ord. No. 1645, § 18.42.140, 8-15-2005; Ord. No.
1693, § 13(18.42.140), 2-20-2007; Ord. No. 1709,
§ 12(18.42.140), 7-16-2007; Ord. No. 1761, exh.
H(18.42.140), 7-6-2009; Ord. No. 1769, exh.
G(18.42.140), 12-28-2009)
Sec. 38.23.150. Lighting.
A.Purpose.The purpose of this section is to:
1. Provide lighting in outdoor public places
where public health, safety and welfare are
potential concerns;
2. Protect drivers, bicyclists and pedestrians
from the glare of non-vehicular light sources
that shine into their eyes and thereby impair
safe travel;
3. Protect neighbors and the night sky from
nuisance glare and stray light from poorly
aimed, placed, applied, maintained or
shielded light sources;
4. Protect and maintain the character of the
city;
5. Prevent excessive lighting and conserve
energy; and
6. Provide adequate lighting for safe pedes-
trian and bicycle travel.
B.General.
1. With the exception of street lighting, light-
ing is not required. If installed, all lighting
shall comply with the requirements of this
section.
2. Unlessotherwiseapprovedthroughaplanned
unit development, this section shall apply to
all lighting for subdivisions, land uses,
developments and buildings. In addition,
any site modification that requires a certif-
icate of appropriateness, site plan review or
reuse application will necessitate compli-
ance for all existing and proposed lighting
on the site.
3. The provisions of this section are not in-
tended to prevent the use of any design,
material or method of installation or oper-
ation not specifically prescribed herein,
provided any such alternate has been ap-
proved by the planning director. The plan-
ning director may approve any such pro-
posed alternate, provided the planning
director finds that:
a. The lighting provides at least approx-
imate equivalence to the applicable
specific requirements of this section;
and
b. The lighting is otherwise satisfactory
and complies with the intent of this
section.
C.Street lighting.Street lighting consists of
street lighting and pathway intersection lighting,
and shall comply with the City of Bozeman Design
Standards and Specifications Policy.
1.General.
a. All street lighting shall be operated
and maintained through the creation
§ 38.23.140 BOZEMAN MUNICIPAL CODE
CD38:166PROOFS
of a new SILD, through the annexa-
tion to an existing SILD or through
some other equivalent means ap-
proved by the city. The application to
create or annex to an existing SILD
shall be submitted to the city within
two months of preliminary approval
of the development. The approval to
create or annex to an SILD shall be
granted prior to final plat for a subdi-
vision or occupancy if a final plat is
not required.
b. Street lighting shall be installed per
section 38.39.030.B.
c. Individual yard lights on private prop-
erty shall not be used for street light-
ing.
2.Streetlights at intersections.
a.Illumination requirements.
(1)Single installation.The illumina-
tion requirement for an intersec-
tion streetlight, where only one
light is required, shall be deter-
mined from Table 38.23.150-1
based on the functional classifi-
cation of the street upon which
the light is located.
(2)Multiple installations.For all in-
tersections where more than one
streetlight is required, all lights
shall be within the same range
for measured lumens. The illu-
mination requirement shall be
determined from Table
38.23.150-1 for the functional
classification of the leg of the
intersection with the highest re-
quirement.
b.Non-signalized intersections.Astreet-
light shall be installed at each non-
signalized street intersection with the
following exceptions:
(1) At intersections where the width
of one or more of the approaches
is greater than or equal to 50
feet, as measured to the back of
curb or edge of pavement, then
two streetlights shall be installed
on diagonally opposite corners.
(2) At the intersection of two local
streets a streetlight may be omit-
ted if its installation would vio-
late the spacing criteria con-
tained in Table 38.23.150-1.
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 streetlights shall be installed on
the diagonally opposite corners. At
signalizedintersectionswherethewidth
of one or more of the approaches is
greater than or equal to 50 feet, four
streetlights shall be installed, one on
each corner.
3.Spacing of streetlights.In addition to inter-
section locations, streetlights shall be spaced
along streets in accordance with Table
38.23.150-1.
_________________________________________________________________________________
§ 38.23.150UNIFIED DEVELOPMENT CODE
CD38:167PROOFS
Table 38.23.150-1
Functional
Classification
Through
Lanes
Pedestrian
Conflict
Maintained Lumens
(Minimum Main-
tained Average Val-
ues)
Spacing
Arterial 4/2 High 33,000-22,500 225/225
4/2 Low 22,500-13,500 300/275
Collector 4/2 High 22,500-13,500 250/225
4/2 Low 22,500-8,000 300/275
Local 2 Low 9,500-8,000 N/A1
Arterial - Commer-
cial center 4/2 High 33,000-22,500 200/175
Collector - Com-
mercial center 4/2 High 22,500-13,500 225/175
Local - Commercial
center 2 High 9,500-8,000 150
1Streetlights are only required at intersections on local streets.
______________________________________________________________________________________
4.Streetlight location and placement of equip-
ment.In addition to spacing requirements,
the following layout criteria shall be used:
a. When a streetlight location falls near
an unlit intersection, the light shall be
located at the intersection;
b. Streetlights shall be located at prop-
erty lines to the greatest extent possi-
ble, but not in conflict with other
utility service providers;
c. Pole spacing along a street may vary
from the criteria of Table 38.23.150-1
by up to 15 percent. For the unifor-
mity of appearance, the variance in
spacing between adjacent spans should
not be more than 15 percent;
d. All proposed streets within the pro-
posed subdivision, having a curve of
300 feet or longer in length, shall have
a streetlight in the middle of the hor-
izontal curve or as required by the city
engineer;
e. A streetlight shall be placed at the
terminal ends of center median islands
having trees and/or other fixed objects
not having a breakaway design for
speeds of 25 miles per hour or greater;
f. Wiring for streetlights shall be under-
ground;
g. Additional streetlights may be re-
quired 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.Streetlight 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
themanufacturer'srecommendations.Mount-
ing heights shall be measured from grade
and shall comply with the requirements of
Table 38.23.150-2.
§ 38.23.150 BOZEMAN MUNICIPAL CODE
CD38:168PROOFS
Table 38.23.150-2
Maintained Lumens
(Minimum Main-
tained Average Val-
ues)
Mounting
Height
9,500—8,000 25 feet
22,500—9,500 35 feet
33,000—22,500 38 feet
6.Pathwayintersectionlighting.Pathwaylights
shall be installed at all intersections of
pathways and streets located within the
proposed development or along existing
streets or roads abutting the development, if
said intersection is located in areas other
than lighted intersections.All pathway lights
shall comply with city specifications.
Table 38.23.150-3
Average Horizontal
Illuminance at
Pathway in Main-
tained Footcandles
Mixed vehicle and
pedestrian
2.0
Pedestrian only 1.0
Source: Roadway Lighting (RP-8-00), Illu-
minatingEngineeringSocietyofNorthAmer-
ican, 2000.
D.Site lighting.
1.Parking lot lighting.
Table 38.23.150-4
Basic1 Security2
Minimum horizon-
tal illuminance in
maintained
footcandles
0.2 0.5
Minimum vertical
illuminance in
maintained
footcandles
0.1 0.25
Basic1 Security2
Uniformity ratio,
maximum: mini-
mum
20:01 15:00
Source: Parking Lot Lighting, Illuminating
Engineering Society of North American,
1998.
1Basic lighting provides for the safety of
customers and employees during busi-
ness hours, and for the security of
on-site, outside storage of goods and/or
materials.
2Security lighting provides for the safety of
employees during nonbusiness hours,
and for the security of on-site, outside
storage of goods and/or materials.
2.Building entrances.Illuminance for build-
ing entrances (including commercial, indus-
trial, institutional and municipal) shall av-
erage 5.0 maintained footcandles.
3.Car dealership lighting.
Table 38.23.150-5
Area
Maximum
Illuminance
on Pavement
(in Main-
tained
Footcandles)
Uniformity
Ratio
Maximum: minimum
Main business
districts
Adjacentto
roadway
10—20 5:01
Other rows 5—10 10:01
Entrances 5—10 5:01
Driveways 2—3 10:01
Secondary
business dis-
tricts
Adjacentto
roadway
5—10 5:01
Other rows 2.5—5 10:01
§ 38.23.150UNIFIED DEVELOPMENT CODE
CD38:169PROOFS
Area
Maximum
Illuminance
on Pavement
(in Main-
tained
Footcandles)
Uniformity
Ratio
Entrances 2.5—5 5:01
Driveways 1—2 10:01
Source: Lighting for Exterior Environ-
ments, Illuminating Engineering Society of
North American, 1998.
4.Service station or gas pump area lighting.
Table 38.23.150-6
Area Description
Average Illumi-
nance on De-
scribed Area (in
Maintained
Footcandles)
Approach with dark
surroundings
1.5
Driveway with dark
surroundings
1.5
Pump island area with
dark surroundings
5
Building facades with
dark surroundings
2
Service areas with dark
surroundings
2
Landscape highlights
with dark surroundings
1
Approach with light
surroundings
2
Driveway with light
surroundings
2
Pump island area with
light surroundings
10
Building facades with
light surroundings
3
Service areas with light
surroundings
3
Landscape highlights
with light surroundings
2
Source: Lighting for Exterior Environments, Illumi-
nating Engineering Society of North American,
1998.
5.Site lighting support structures.The bal-
lasts; 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. Ex-
cept as allowed in subsections E and G of
this section, light poles for parking lot
lighting shall not exceed 25 feet.
6.Site lighting installation and maintenance.
a. For new installations, electrical feeds
for fixtures mounted on poles shall be
run underground, not overhead.
b. Poles supporting lighting fixtures for
the illumination of parking areas and
located directly behind parking spaces
shall be placed a minimum of five 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 equip-
ment shall be maintained so as always
to meet the requirements of this sec-
tion.
7.Miscellaneous site lighting specifications.
Except as otherwise allowed in subsections
E and G of this section, all lighting shall
comply with the following requirements:
a. All outdoor lighting, whether or not
requiredbythissection,shallbeaimed,
located, designed, fitted and main-
tained 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 project-
ing 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
§ 38.23.150 BOZEMAN MUNICIPAL CODE
CD38:170PROOFS
is emitted above a horizontal plane
passing through the lowest point of
the light emitting element, so that
direct light emitted above the horizon-
tal plane is eliminated.
c. Except for residential lighting,
streetlighting, pathway intersection
lighting and security lighting, all light-
ing shall be turned off between 11:00
p.m. and 6:00 a.m. Exceptions shall
be granted to those businesses which
operate during these hours; such light-
ing may remain illuminated only while
the establishment is actually open for
business.
d. Vegetation screens shall not be em-
ployed to serve as the primary means
for controlling glare. Rather, glare
control shall be achieved primarily
through the use of such means as
cutoff fixtures, shields and baffles,
and appropriate application of fixture
mounting height, wattage, aiming an-
gle and fixture placement.
e. All outdoor lighting shall be designed
and located such that the maximum
illumination measured in footcandles
at the property line shall not exceed
0.3 onto adjacent residential proper-
ties 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
andaimeddownward;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 fea-
tures unless approved as an integral
architectural element on the develop-
ment 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 fa-
cade 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 illu-
minate flagpoles (state, United
Statesand/orforeignnations)may
project their output beyond the
flagpole.
h. Lights that flash, move, revolve, ro-
tate, scintillate, blink, flicker, vary in
intensity or color, or use intermittent
electrical pulsation are prohibited.
i. Translucentawningsandcanopiesused
for building accents over doors, win-
dows, etc., shall not be internally lit
(i.e., from underneath or behind).
j. Searchlights, laser source lights or
any similar high-intensity light shall
not be permitted, except in emergen-
cies by police and fire personnel or at
their direction, for meteorological data
gatheringpurposes,orforspecialevents
if a permit is obtained from the plan-
ning director.
E.Sports and athletic field lighting.Lighting for
sports and athletic fields may need to exceed
illumination standards for general recreational needs
in order to meet higher standards required for play.
The city commission may approve relaxations of
these lighting standards provided that the following
minimum standards are met:
1. Fixtures shall be at least 70 feet in mounted
height measured from grade.
§ 38.23.150UNIFIED DEVELOPMENT CODE
CD38:171PROOFS
2. If floodlights are used, they shall not be
aimed above 62 degrees and should use
internal louvers and external shields to help
minimize light pollution.
3. Fixtures shall be designed and aimed so
that their beams fall within the primary
playing area and the immediate surround-
ings, so that off-site direct illumination is
significantly restricted (spillover levels at
the property line shall not exceed 0.3
footcandle).
4. Lighting shall be extinguished no later than
one hour after the event ends.
F.Lighting specifications for all lighting.Light
fixtures and standards shall be compatible with the
surrounding area, the subdivision or site design, and
the development's character and/or architecture.
1.Luminaires (light fixtures).Except as oth-
erwise allowed in subsections E and G of
this section, all luminaires shall comply
with the following requirements:
a. In all light fixtures, the light source
and associated lenses shall not pro-
trude below the edge of the light
fixture, and shall not be visible from
adjacent streets or properties.
b. Fixtures shall be of a type and design
appropriate to the lighting application.
c. For lighting horizontal areas such as
roadways, sidewalks, entrances and
parking areas, fixtures shall meet
IESNA "full-cutoff" criteria (no light
output emitted above 90 degrees at
any lateral angle around the fixture).
d. As needed, fixtures shall be equipped
with or be modified to incorporate
light directing and/or shielding de-
vices such as shields, visors, skirts,
internal louvers or hoods to redirect
offending light distribution and/or re-
duce direct or indirect glare.
e. The installation of any mercury vapor
light fixture or lamp for use as out-
door lighting is prohibited, except that
until November 21, 2006 (the fifth
anniversary date of the effective date
of the ordinance from which this sec-
tion is derived), this provision shall
not apply to any replacement bulb.
G.Historic lighting.The city commission may
relax lighting standards and requirements, with the
exception of illumination levels, for the provision of
historic lighting in the neighborhood conservation
overlay district. Historic lights shall be proposed as
an integrated part of an overall development plan.
The historic preservation planner shall review and
approve the proposed lighting for historic appropri-
ateness.
H.Post installation inspection.The city reserves
the right to conduct post-installation nighttime in-
spections to verify compliance with the require-
ments of this section, and if appropriate, to require
remedial action at no expense to the city.
I.Compliance monitoring.If the city finds that a
lighting installation creates a safety or personal
security hazard, the person responsible for the
lighting shall be notified in writing and required to
take remedial action within 30 days.
J.Nuisance glare and inadequate illumination
levels.When the city finds that a lighting installa-
tion produces unacceptable levels of nuisance glare,
skyward light, excessive or insufficient illumination
levels, or otherwise varies from this section, the city
may notify the person 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 section and that
is not otherwise required to be brought into com-
pliance pursuant to this section, shall be required to
be in compliance five years after the date of
enactment of the ordinance from which this provi-
sion is derived. Any other lighting fixture or light-
ing installation existing on the effective date of the
§ 38.23.150 BOZEMAN MUNICIPAL CODE
CD38:172PROOFS
ordinance from which this provision is derived that
does not conform to the requirements of this section
shall be considered as a legal conformance.
(Ord. No. 1645, § 18.42.150, 8-15-2005; Ord. No.
1693, § 13(18.42.150), 2-20-2007; Ord. No. 1709,
§ 12(18.42.150), 7-16-2007; Ord. No. 1761, exh.
H(18.42.150), 7-6-2009; Ord. No. 1769, exh.
G(18.42.150), 12-28-2009; Ord. No. 1796, § 2,
1-3-2011)
Sec. 38.23.160. Outdoor storage.
A. All materials, supplies, merchandise or other
similar matter not on display for direct sale, rental
or lease to the ultimate consumer or user shall be
stored within the confines of a 100 percent opaque
wall or fence not less than six feet tall.
B. No storage of any type shall be permitted
within any required yard, and shall be subject to
section 38.22.150.
C. All areas designated for vehicle and equip-
ment storage shall be screened from view from the
street and adjacent properties as per subsectionAof
this section. Vehicle and equipment storage areas
shall not be subject to parking lot paving or land-
scape requirements, but shall be subject to drainage
detention requirements and appropriate dust control
requirements.
(Ord. No. 1645, § 18.42.160, 8-15-2005; Ord. No.
1693, § 13(18.42.160), 2-20-2007; Ord. No. 1709,
§ 12(18.42.160), 7-16-2007; Ord. No. 1761, exh.
H(18.42.160), 7-6-2009; Ord. No. 1769, exh.
G(18.42.160), 12-28-2009)
Sec. 38.23.170. Trash and garbage enclosures.
A. A permanent enclosure for temporary storage
of garbage, refuse and other waste materials shall be
provided for every use, other than single-household
dwellings, duplexes, individually owned townhouse
or condominium units, in every zoning district,
except where a property is entirely surrounded by
screen walls or buildings. Trash enclosures shall be
constructed so that contents are not visible from a
height of five feet above grade from any abutting
street or property. Trash enclosures shall comply
with the following regulations:
1.Location.Trashenclosures,surroundingstan-
dard steel bins (dumpsters), shall be located
on the site for convenient pickup service,
and the location shall be shown on required
site plans. Trash enclosures shall not be
located in required front yards, and shall be
situated so that containers can be pulled
straight out of the enclosure or so the
sanitation truck can back straight into it.
The location of all trash enclosures shall be
subject to review and approval by the city
sanitation department.
2.Construction.Trash enclosures shall be con-
structed of solid or ornamental pierced
masonry walls or other appropriate materi-
als, with a solid concrete floor sloped for
drainage and maintenance of sanitary con-
ditions. Enclosures shall be architecturally
compatible with the principal structure. En-
closures shall be of sufficient height to
conceal contents, including containers, but
in no case shall be less than four feet in
height above grade.
3.Exception.A garbage enclosure is not re-
quired for dumpsters accessed via an alley.
(Ord. No. 1645, § 18.42.170, 8-15-2005; Ord. No.
1693, § 13(18.42.170), 2-20-2007; Ord. No. 1709,
§ 12(18.42.170), 7-16-2007; Ord. No. 1761, exh.
H(18.42.170), 7-6-2009; Ord. No. 1769, exh.
G(18.42.170), 12-28-2009)
Sec. 38.23.180. Water rights.
A. Prior to a final approval of all development
reviewed as a site plan, conditional use permit,
planned unit development, or subdivision and prior
to an annexation of any land, one of the following
must occur:
1. Payment shall be made to the city of a
payment-in-lieu of water rights calculated
based on the annual demand for volume of
§ 38.23.180UNIFIED DEVELOPMENT CODE
CD38:173PROOFS
water the development will require multi-
plied by the most current annual unit price;
or
2. A transfer to the city of ownership of water
rights adequate to provide the volume of
water the development will require.Atrans-
fer of ownership of water rights must be in
a manner approved by the director of public
services.
B. If adequate water rights or a payment-in-lieu
was previously provided to the city for the subject
property, evidence of those rights or payment-in-
lieu may be offered to demonstrate compliance with
this section. If the expected demand for water by the
proposed development increases by more than one
acre-footoverthatforwhichwaterrightsorpayment-
in-lieu of water rights were previously provided,
additional water rights or payment-in-lieu of water
rights equal to the difference between the previ-
ously provided water rights or payment-in-lieu and
the estimated current demand or payment-in-lieu
price shall be provided.
C. Provision of water rights or payment-in-lieu
may be deferred by phase for phased developments
or for annexations when the phase or annexation is
in excess of ten acres.
D. The city manager may adopt administrative
procedures to implement this section. The director
of public services shall adopt standards for the
calculation of demand for water use. The city
commission shall establish the unit cost for payment-
in-lieu by resolution.
E. The amount paid for a payment-in-lieu shall
be calculated using the per unit price in effect on the
date the payment-in-lieu of water rights is to be
made to the city.
(Ord. No. 1796, § 3(18.42.180), 1-3-2011)
ARTICLE 24. TRANSPORTATION
FACILITIES AND ACCESS
Sec. 38.24.010. Streets, general.
A. All streets shall be provided in accordance
with the adopted growth policy and/or transporta-
tion plan. The arrangement, type, extent, width,
grade and location of all streets shall be considered
in their relation to existing and planned streets, to
topographical conditions, to public convenience
and safety, and to the proposed uses of the land to
be served by such streets. The design standards
contained in these regulations shall apply to all
construction, reconstruction and paving of streets.
1.Relation to undeveloped areas.When a
proposed development adjoins undevel-
oped land, and access to the undeveloped
land would reasonably pass through the
new development, streets within the pro-
posed development shall be arranged to
allow the suitable development of the ad-
joining undeveloped land. Streets within
the proposed development shall be con-
structed to the boundary lines of the tract to
be developed, unless prevented by topogra-
phy or other physical conditions, in which
case a subdivision variance must be ap-
proved by the city commission.
2.Relation to developed areas.The developer
shall arrange the streets to provide for the
continuation of streets between adjacent
developed properties when such continua-
tion is necessary for the convenient move-
ment of traffic, effective provision of emer-
gency services and efficient provision of
utilities.
3.Separation of through and local traffic.
Where a development abuts or contains an
existing or proposed arterial or collector
street, the developer may be required to
provide frontage roads, reverse frontage
with a reservation prohibiting access along
the rear property line, screen planting, or
such other treatment as may be necessary
for protection of residential properties and
to afford separation of through and local
traffic.
4.Distance between parallel rights-of-way.
Where a development borders on or con-
tains a railroad, limited access highway,
canal, ditch or stream right-of-way, the
developer may be required to provide a
§ 38.23.180 BOZEMAN MUNICIPAL CODE
CD38:174PROOFS
street approximately parallel to and on each
side of such right-of-way at a distance
suitable to allow for the appropriate use of
the intervening land. Such distances shall
also be determined with due regard for the
requirements of approach grades and future
grade separation.
5.Dead-end streets.Dead-end streets shall
comply with city design specifications and
standards, and with any city-adopted Inter-
national Fire Code. No dead-end streets
longer than 150 feet shall be permitted
without an approved turn around. Where
streets terminate, the developer shall pro-
vide a cul-de-sac at the terminus. Where it
is planned that a dead-end street will be
extended in the future, a temporary cul-de-
sac shall be provided. All approved turn-
arounds shall be signed as no parking.
a. "T" turnarounds, in-lieu of a tempo-
rary cul-de-sac, must be specifically
approved by the city engineer. "T"
turnarounds shall include two straight
backup lengths of 45 feet each to
accommodate city fire trucks.All other
design requirements shall be estab-
lished by the city engineer.
6.Local streets.Local streets shall be laid out
to discourage speeding.
7.Half streets.Half streets are prohibited
except when they are essential to the devel-
opment, are beneficial to the city, or when
the city engineer is satisfied that the half of
the street will be dedicated to the public
when the adjoining property is developed.
Half streets must be approved by the city
engineer, and when adjacent to unannexed
land, the county road office. When an
existing half street is adjacent to a tract to
be developed, the undeveloped half of the
street shall be provided with the new devel-
opment.
8.Second or emergency access.To facilitate
traffic movement, the provision of emer-
gency services and the placement of utility
easements, all developments shall be pro-
vided with a second means of access. If, in
the judgment of the development review
committee (DRC), a second dedicated right-
of-way cannot be provided for reasons of
topography or other physical conditions,
the developer shall provide an emergency
access, built to the standards detailed in
these regulations.
a. This provision may be waived or con-
ditionally waived by the DRC.
9.Culs-de-sac.Culs-de-sac are generally pro-
hibited. The city engineer may consider and
approve the installation of a cul-de-sac only
when necessary due to topography, the
presence of critical lands, access control,
adjacency to parks or open space, or similar
site constraints. Pedestrian walks shall be
installed at the end of culs-de-sac where
deemed appropriate.
10.Bridges and culverts.Culverts or bridges
shall be provided and installed by the de-
veloper where drainage channels intersect
any street right-of-way.
a. Bridges. Bridges shall be built to state
department of transportation H-20 load
standards, and shall be reviewed and
approved by the county road office
and the city engineering department.
b. All culverts shall, at a minimum, ex-
tend across the entire improved width
of the street cross section. The size
and length of the culvert and the
amount of backfill over the culvert
shall be determined by a registered
professional engineer, when deter-
mined necessary by the city engineer-
ing department.
(1) Each culvert or other drainage
facility shall be large enough to
accommodate potential runoff
from upstream drainage areas.
§ 38.24.010UNIFIED DEVELOPMENT CODE
CD38:175PROOFS
The minimum capacity of a cul-
vert shall be equivalent to a
circular diameter of 15 inches.
11.Encroachment permits.The subdivider shall
be required to obtain encroachment permits
for all access to state highways.
12.Traffic control devices.Street signs and
other traffic control devices shall be in-
stalled at all intersections and any other
location required by the city. The location,
size, shape and height of all traffic control
devices shall comply with city require-
ments, and shall conform with the Manual
of Uniform Traffic Control Devices
(MUTCD) and the city modifications to
state public works standard specifications.
13.Sight distances.The alignment of all streets
shall provide adequate sight distances based
on design operating speeds.
(Ord. No. 1645, § 18.44.010, 8-15-2005; Ord. No.
1693, § 14(18.44.010), 2-20-2007)
Sec. 38.24.020. Street and road dedication.
A.General.All streets or alleys within, or pro-
viding access to, the proposed development shall be
dedicated to the public, be private streets to be
owned and maintained by an approved property
owners association, or, if the criteria of this section
are met, be a public street easement.
1.Public street easements.Public street ease-
ments shall:
a. Be approved by the city attorney's
office;
b. Be recorded in the county clerk and
recorder's office; and
c. Clearly grant to the public an unre-
stricted right of ingress and egress
from a public street to the property to
be subdivided.
2.Private streets.
a. Private streets may be required to
have a public access easement if
deemed necessary by the city.
b. If a private street is proposed, the
project shall be reviewed as a planned
unit development. However, develop-
ment proposals containing private
streets shall be exempt from the PUD
review requirement if:
(1) Alocal private street is proposed
and the street would comply with
the city standard right-of-way
requirement of 60 feet, and the
standard back-of-curb to back-
of-curb width of 31, 33 or 35
feet; or
(2) Alocal private street is proposed
and the street would comply with
the city standard right-of-way
requirement of 60 feet.The back-
of-curb to back-of-curb width
could vary from city standards,
provided that:
(a) A permanent funding
source, such as the levying
of assessments against all
properties within the devel-
opment, for street mainte-
nance is established and the
funding levels will be ade-
quate for all future private
street maintenance; and
(b) The developer signs a
waiver of right to protest
the creation of SIDs, or
other perpetual legal instru-
ment, acknowledging that
the city will not assume
dedication and/or mainte-
nance of the streets unless
the street is brought up to
city standards, or the prop-
erty owners have agreed to
an assessment to fund im-
provements required to
bring the street up to city
standards. The developer
shall record the waiver, or
§ 38.24.010 BOZEMAN MUNICIPAL CODE
CD38:176PROOFS
other legal instrument, at
the time of final plat recor-
dation, or prior to issuance
of building permits if no
final plat recordation is re-
quired.
c. Documented proof of adequate main-
tenance funding and scheduling, for
all private streets, shall be provided,
subject to section 38.38.030.
(Ord. No. 1645, § 18.44.020, 8-15-2005; Ord. No.
1693, § 14(18.44.020), 2-20-2007)
Sec. 38.24.030. Intersections.
A. The following requirements apply to street
intersections:
1. Streets shall intersect at 90-degree angles
except when topography prohibits this align-
ment. In no case shall the angle of an
intersection be less than 60 degrees to the
centerline of the street or road being inter-
sected;
2. Two streets meeting a third street from
opposite sides shall be offset at least 125
feet for local roads and 300 feet for arterials
or collectors. Distances shall be measured
from the inside edge of the access, extended
at its intersection with the projected curbline
of the intersecting street, to the right-of-
way line, along the street frontage right-of-
way line. See Figure 38.24.030 inAppendix
A to this chapter;
3. No more than two streets may intersect at
one point;
4. Intersections of local streets with major
arterials or highways shall be subject to
section 38.24.090;
5. Intersections shall be designed to provide
adequate visibility for traffic safety based
on the designed operating speeds of the
intersecting roadways;
6. Hilltop intersections are prohibited, unless
no alternatives exist. Intersections on local
streets within 100 feet of a hilltop are
prohibited. Intersections on arterial and col-
lector streets within 200 feet of a hilltop are
prohibited. If no alternatives to a hilltop
intersection exist, additional traffic control
devices shall be required;
7. The grade of approaches to major highways
shall not exceed five percent; and
8. Any street which intersects a paved minor
collector or greater street shall be paved for
at least 75 feet from the existing edge of
pavement.
(Ord. No. 1645, § 18.44.030, 8-15-2005; Ord. No.
1693, § 14(18.44.030), 2-20-2007)
Sec. 38.24.040. Street names.
A. The following requirements apply to street
names:
1. New streets aligned with existing streets
shall have the same name as the existing
streets.
2. All street names must be approved by the
county geographic information systems and
city engineering department prior to final
plat or plan approval in order to avoid
duplication and confusion with names of
existing streets and roads.
(Ord. No. 1645, § 18.44.040, 8-15-2005; Ord. No.
1693, § 14(18.44.040), 2-20-2007)
Sec. 38.24.050. Street and road right-of-way
width and construction stan-
dards.
A. All streets and roads providing access to, and
within, the proposed development shall meet the
following standards:
1. Right-of-way width and construction stan-
dards contained in this chapter, the most
recently adopted long range transportation
plan, the City of Bozeman Design Stan-
dards and Specifications Policy, and the
§ 38.24.050UNIFIED DEVELOPMENT CODE
CD38:177PROOFS
City of Bozeman Modifications to Montana
Public Works Standard Specifications shall
apply.
2. Access streets and roads which are not on
the city's or county's road maintenance
system shall be dedicated to the public or
shall have a public easement which meets
the criteria of this article.
(Ord. No. 1645, § 18.44.050, 8-15-2005; Ord. No.
1693, § 14(18.44.050), 2-20-2007; Ord. No. 1796,
§ 4, 1-3-2011)
Sec. 38.24.060. Street improvement standards.
A. All street improvements shall be designed by
and constructed under the supervision of a profes-
sional civil engineer, registered in the state, and
shall meet or exceed the right-of-way and construc-
tion standards adopted by the city (including but not
limited to an adopted transportation plan or speci-
fications manual) and required for the type of street
to be constructed.
B. Plans and specifications for all public or
private streets (including but not limited to curb,
gutter, storm drainage, street lighting and side-
walks), shall be provided to and approved by the
city engineer. The developer shall provide profes-
sional engineering services for construction inspec-
tion, post-construction certifications and prepara-
tion of Mylar record drawings. The plans and
specifications shall be approved and a preconstruc-
tion conference shall be conducted before any
construction is initiated on the street improvements.
1.Surfacing.A pavement design report, based
upon specific site soil data and design-year
traffic loading conditions, prepared by a
professional engineer, or other qualified
professional approved by the city engineer,
shall be submitted to the city engineer for
approval prior to plan and specification
submittal if using the self-certification pro-
cess or with the plans and specifications if
using the standard process. Pavement de-
sign shall be in accordance with the city
design standards and specifications policy
and the city modifications to state public
works standard specifications.
2.Alleys.In subdivisions where alleys are
proposed, a 20-foot-wide right-of-way shall
be provided. The driving surface of the
alley shall be 16 feet wide and shall be
improved with gravel.
a. Subdividers may elect to pave subdi-
vision alleys provided that adequate
stormwater facilities are available.
b. Alleys shall be designed and con-
structed in accordance with the city
design standards and specifications
policy and the city modifications to
state public works standard specifica-
tions, and subject to approval by the
city engineer.
c. Alleys used for backing under section
38.25.020.D shall be designed to pro-
vide the required aisle width.
3.Traffic progression.Traffic progression will
be of paramount importance. Consequently,
all potential intersections with signals will
be placed on quarter-mile points unless
otherwise approved by the city engineer.
4.Level of service standards.All arterial and
collector streets and intersections with ar-
terial and collector streets shall operate at a
minimum level of service "C" unless spe-
cifically exempted by this subsection. Level
of service (LOS) values shall be determined
by using the methods defined by the most
recent edition of the Highway Capacity
Manual. A development shall be approved
only if the LOS requirements are met in the
design year, which shall be a minimum of
15 years following the development appli-
cation review or construction of mitigation
measures if mitigation measures are re-
quired to maintain LOS. Intersections shall
have a minimum acceptable LOS of "C" for
the intersection as a whole.
a. Exception: If an intersection within
the area required to be studied by
§ 38.24.050 BOZEMAN MUNICIPAL CODE
CD38:178PROOFS
section 38.41.060.A.12 does not meet
LOS "C" and the intersection has been
fully constructed to its maximum lane
and turning movement capacity, then
an LOS of less than "C" is acceptable.
b. Exception: The director of public ser-
vices may accept an LOS of less than
"C" at a specific intersection if:
(1) Avariance to allow a lesser LOS
was approved not more than two
years prior to the date an appli-
cation for development being re-
viewed is determined to be ade-
quate for review;
(2) The request was made in writing
with the application; and
(3) The circumstances are in the
professional judgment of the di-
rector of public services substan-
tially the same as when the vari-
ance was granted.
5.Timing.The installation of street improve-
ments shall comply with the timing require-
ments of article 39 of this chapter.
(Ord. No. 1645, § 18.44.060, 8-15-2005; Ord. No.
1693, § 14(18.44.060), 2-20-2007; Ord. No. 1755,
§ 1, 1-20-2009; Ord. No. 1796, § 5, 1-3-2011)
Sec. 38.24.070. Street lighting.
A.Standards.For street lighting standards, please
refer to section 38.23.150.
B.Timing.For the timing of street lighting
improvements, please refer to section 38.39.030.B.3.
(Ord. No. 1645, § 18.44.070, 8-15-2005; Ord. No.
1693, § 14(18.44.070), 2-20-2007)
Sec. 38.24.080. Sidewalks.
A.General.City standard sidewalks (including
a concrete sidewalk section through all private drive
approaches) shall be constructed in all develop-
ments on all public and private street frontages,
except for alleys. The requirements of the city
design standards and specifications policy and the
city modifications to state public works standard
specifications shall apply.
B.Sidewalks adjacent to public lands.The de-
veloper 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.
C.Timing.The following requirements regard-
ing the timing of the installation of sidewalks shall
apply:
1. For subdivision improvements, please refer
to section 38.39.030.B.2.
2. For site development improvements, side-
walks shall be installed prior to issuance of
an occupancy permit, or shall be subject to
an approved improvements agreement and
financially guaranteed, as specified in arti-
cle 39 of this chapter.
(Ord. No. 1645, § 18.44.080, 8-15-2005; Ord. No.
1693, § 14(18.44.080), 2-20-2007)
Sec. 38.24.090. Access.
A.General.All final site plans and plats shall
contain a statement requiring lot accesses to be built
to the standard contained in this section, the city
design standards and specifications policy, and the
city modifications to state public works standard
specifications.
1. Lot access standards. The drive approach
shall be constructed in accordance with the
city's standard approach, which includes a
concrete apron, sidewalk section and drop-
curb.
a. A city curb cut and sidewalk permit
must be obtained from the engineer-
ing department prior to installation of
the approach.
2. Access shall comply with any city-adopted
International Fire Code.
§ 38.24.090UNIFIED DEVELOPMENT CODE
CD38:179PROOFS
B.Drive access from improved public street,
approved private street or alley required.
1. For purposes of this Code, "improved"
public street, approved private street, or
alley means and includes:
a. Any street or alley within the city
constructed to a standard which meets
or exceeds standards established by
this chapter, the city design standards
and specifications policy, and the city
modifications to state public works
standard specifications;
b. Constructed public streets which may
not meet current city standards but
which are constructed to a standard
that has historically provided an ade-
quate level of service to adjacent prop-
erties, which level of service would
not be degraded as a result of a
pending development proposal.
2. Unless otherwise allowed by this chapter,
all lots shall be provided with legal and
physical access via one of the following
options:
a. 25 feet of frontage on a public or
approved private street;
b. 25 feet of frontage on a public or
approved private street and an im-
proved alley; or
c. 25 feet of frontage on an improved
alley and a greenway corridor or trail
corridor with public access. This op-
tion may require additional improve-
ments to the alley to accommodate
emergency access, snow removal and
storage, and the provision of utilities.
The alley may also require signage for
the provision of emergency services.
C.Drive access requirements.
1. Drive accesses are required for commercial
parking lots and parking lots for residential
developments subject to the site plan re-
view procedures of article 19 of this chap-
ter. Parking areas for residential develop-
ments subject to the sketch plan review
procedures of section 38.19.050, may take
access directly from an improved public
street, approved private street or improved
alley as defined in subsection B.1 of this
section with access provided according to
the provisions of this section andsection
38.25.020.D.
2. Alldriveaccessesinstalled,altered,changed,
replaced or extended shall comply with the
following requirements:
a. Residential.
(1) Residential lots shall not have
direct access to arterials or col-
lectors, unless the standards con-
tained in Table 38.24.090-3 are
complied with;
(2) Single-household drive access
openings shall not exceed 24
feet in width measured at the
right-of-way line and 34 feet in
width measured at the curbline.
All residential complexes for
fewer than five households are
considered single-household res-
idences for the purpose of this
section;
(3) Adjoining accesses for town-
houses shall not exceed a com-
bined total of 40 feet in width
measuredattheright-of-wayline.
Townhouses with physical sepa-
ration between drive accesses
shall be reviewed as single-
household drive access. For the
purposes of this section, physi-
cal separation means a land-
scaped area greater than or equal
to ten feet in width between
paved areas and extending from
the front line of the building to
the right-of-way line; and
§ 38.24.090 BOZEMAN MUNICIPAL CODE
CD38:180PROOFS
(4) Residential complexes with five
or more dwelling units shall be
considered commercial (nonres-
idential) establishments for the
purpose of section 38.24.090.C,
except that separated parking fa-
cilities for individual townhouse
unitsshallbeconsideredthesame
as single-household parking fa-
cilities.
b. Nonresidential.
(1) Commercial drive access widths
shall be a maximum of 35 feet
measured at the inside edge of
the drive access extended, at its
intersection with the projected
curbline of the intersecting street.
Two-way drive access shall be a
minimum of 24 feet and one-
way drive access shall be a min-
imum of 16 feet.
(2) Industrial drive access widths
shall be a maximum of 40 feet
measured at the inside edge of
the drive access extended, at its
intersection with the projected
curbline of the intersecting street.
Two-way drive accesses shall be
a minimum of 24 feet and one-
way drive accesses shall be a
minimum of 16 feet.
c. Drive accesses for all multiple tenant
commercial buildings or complexes/
centers, or industrial drive accesses
shall be set back a minimum of 20 feet
from the adjacent property line unless
such drive access is approved as a
shared drive access.
d. Drive accesses to drive-in theaters,
stadiums, racetracks, funeral homes or
uses generating very heavy periodic
traffic conflicts shall be located not
closer than 200 feet to any pedestrian
or vehicular entrance or exit to a
school,college,university,church,hos-
pital, public emergency shelter or other
place of public assembly.
e. All commercial and industrial drive
accesses on arterial streets shall have
15-foot return radii unless otherwise
approved by the director of public
service. All commercial and industrial
drive accesses on other streets may
have either return radii or depressed
curbs. The minimum radius allowed is
four feet.
D.Spacing standards for drive accesses.
1.General.
a. Consolidation of access points onto
public streets, to achieve a distance
between access points in excess of the
minimum standards in this section, is
desired and shall be considered during
all levels of site plan review.
b. For the purposes of this section public
or private access means any street,
alley, driveway or other point of ve-
hicular access to a publicly controlled
street.
c. The distance between public and/or
private accesses on a public street
shall be measured between the right-
of-way line for public accesses and
the nearest inside edges of private
accesses according to the following
distances specified in subsections D.2
and 3 of this section.
d. Subsection D of this section does not
apply to single-household, duplex or
triplex structures on individual lots.
2.Standards for development approved before
July 10, 2002.The provisions of this sec-
tion apply to development proposals receiv-
ing preliminary approval by the final deci-
sion making body prior to July 10, 2002.
a. Distance from intersection. Public or
private access distance from street
intersections shall be subject to the
following minimum dimensions:
§ 38.24.090UNIFIED DEVELOPMENT CODE
CD38:181PROOFS
______________________________________________________________________________________
Table 38.24.090-1
Access Located on Arterial
Streets
Access Located on Collector
Streets
Access Located on Local
Streets
Distances from Intersection Distances from Intersection Distances from Intersection
Nearest
Intersecting
Street
Residential
District
Commercial/
Industrial
District
Residential
District
Commercial/
Industrial
District
Residential
District
Commercial/
Industrial
District
Arterial 150' 200' 100' 150' 40' 100'
Collector 150' 150' 40' 150' 40'80'
Local 100' 150' 40' 100' 40'80'
Note: All distances shall be measured from the inside edge of the access, extended at its intersection with the
projected curbline of the intersecting street, to the right-of-way line, along the street frontage right-of-way
line. See Figure 38.24.030 in Appendix A to this chapter.
______________________________________________________________________________________
b. Distance between public and/or pri-
vate accesses standards. The distance
between public and/or private ac-
cesses shall be subject to the follow-
ing minimum dimensions:
______________________________________________________________________________________
Table 38.24.090-2
Access Located on Arterial
Streets
Access Located on Collector
Streets
Access Located on Local
Streets
Minimum
Spacing
Residential
District
Commercial/
Industrial
District
Residential
District
Commercial/
Industrial
District
Residential
District
Commercial/
Industrial
District
Partial
access1 80' 150' 60' 80'40'60'
Full access2 100' 150' 100' 150' 40' 80'
Minimum
separation 60' 100' 60' 80'40'60
1Partial access includes right turn in and out only.
2 Full access allows all turn movements, in and out.
______________________________________________________________________________________
3.Standards for development approved after
July 10, 2002.This section shall apply to all
development receiving preliminary ap-
proval after July 10, 2002. These standards
apply to the minimum distance between
public and/or private accesses and intersec-
§ 38.24.090 BOZEMAN MUNICIPAL CODE
CD38:182PROOFS
tions, and the minimum distance between
public and/or private accesses and other
public and/or private accesses.
______________________________________________________________________________________
Table 38.24.090-3
Access Located on
Arterial Streets
Access Located on
Collector Streets
Access Located on
Local Streets
Average Spacing In All Districts In All Districts In All Districts
Partial access1 315' 150' 40'3
Full access2 660' 330' 40'3
Minimum separation 315' 150' 40'
1Partial access includes right turn in and out only.
2 Full access allows all turn movements, in and out.
3Accesses on local streets shall be at least 150 feet from an intersection with an arterial.
______________________________________________________________________________________
E.Number and location of drive accesses.
1. Single-household uses shall be limited to
one drive access per street face, except on
properties abutting arterial streets in which
case shared accesses, or driveways facili-
tating the turning of automobiles on-site,
shall be required.
2. Notwithstanding any other provisions of
this chapter, drive accesses may not be
located closer than five feet to any side
property line, unless shared access, as de-
fined in section 38.42.282, with the adjoin-
ing property is approved. This standard
does not apply to the shared side property
line of townhouses units with adjacent ga-
rages using attached driveways.
F.Shared drive access.The city desires and
encourages sharing access drives, as defined in
article 42 of this chapter, between separate parcels.
G.Access approval required.All drive accesses
shall be approved by the city engineer for width and
location.
H.Modifications of property access standards.
1. Some of the standards listed in subsections
C through E of this section, may be relaxed
by the city engineer if it is shown during the
development review process that more ef-
ficient design can be accomplished without
jeopardizing the public's health, safety and
welfare, the intent of this chapter, or the
intent of the city's growth policy.
2. Modifications from access standards shall
be approved at the discretion of the city
engineer.
3. Commercial developments (including resi-
dential complexes for five or more house-
holds) which may not be able to meet the
requirements of subsections C through E of
this section, and are requesting modifica-
tions from the standards, shall submit to the
city engineer a report certified by a profes-
sional engineer addressing the following
site conditions, both present and future:
a. Traffic volumes;
b. Turning movements;
c. Traffic controls;
d. Site design;
e. Sight distances; and
§ 38.24.090UNIFIED DEVELOPMENT CODE
CD38:183PROOFS
f. Location and alignment of other ac-
cess points.
4. Based upon the above data, the city engi-
neer shall determine whether a modifica-
tion from the required standards is justified
and, if so, what alternative requirements
will be necessary.
(Ord. No. 1645, § 18.44.090, 8-15-2005; Ord. No.
1693, § 14(18.44.090), 2-20-2007)
Sec. 38.24.100. Street vision triangle.
A. Arterial streets. On corner lots on arterial
streets in all districts, no fence, wall or planting in
excess of 30 inches above the street centerline grade
shall be permitted within a triangular area defined
as follows: beginning at the intersection of the
projected curblines of the two intersection streets,
thence 50 feet along one curbline, thence diagonally
to the point 50 feet from the point of beginning on
the other curblines, then to the point of beginning.
B. Collector and local streets. On corner lots, on
collector and local streets, in all districts, no fence,
wall or planting in excess of 30 inches above the
street centerline grades shall be permitted within a
triangular area defined as follows: beginning at the
intersection of the projected curblines of two inter-
secting streets, thence 40 feet along one curbline,
thence diagonally to a point 40 feet from the point
of beginning on the other curbline, then to the point
of beginning.
C. Driveways and alleys. At the intersection of
each driveway or alley with a street, no fence, wall
or planting in excess of 30 inches above the street
centerline grade shall be permitted within a trian-
gular area where corners are defined by two points
on the right-of-way line, 15 feet on each side of the
centerline of the driveway or alley and a point on
centerline ten feet outside the right-of-way. Any
driveway or alley wider than 30 feet curb to curb at
the right-of-way line shall use the vision triangle
standard for local streets when intersecting local,
collector, or arterial streets.
D. Provision for trees in street vision triangle.
1. Single-stem canopy trees are discouraged
but may be permitted in street vision trian-
gles as described in this section, provided
that mature trees do not significantly affect
safe driving conditions and are maintained
such that no canopy foliage exists below a
height of ten feet above centerline of inter-
secting streets.
2. Trees which are located in the street vision
triangle and which preexisted the adoption
of the ordinance from which this chapter is
derived may be allowed to remain, pro-
vided the trees are trimmed such that no
limbs or foliage exist below a height of ten
feet above centerline grades of intersecting
streets.
E. For an illustration of the requirements of this
section see Figure 38.24.100 in Appendix A to this
chapter.
(Ord. No. 1645, § 18.44.100, 8-15-2005; Ord. No.
1693, § 14(18.44.100), 2-20-2007)
Sec. 38.24.110. Transportation pathways.
A.General.Developers shall install pathways in
accordance with this chapter, the growth policy, the
most recently adopted long-range transportation
plan, any adopted citywide park plan, and any
adopted individual park master plan, and shall
comply with City of Bozeman Design Specifica-
tions. See also sections 38.23.100, 38.27.070 and
38.27.110.
B.Pathway categories.The development review
committee (DRC) shall be responsible for determin-
ing whether a pathway is a transportation pathway
or a recreation pathway. For subdivision and planned
unit development proposals, this determination shall
be made during the preapplication process.
1.Transportation pathways.Developers shall
install transportation pathways, to provide
adequate multimodal transportation facili-
ties within the development, as part of the
required development improvements.Trans-
§ 38.24.090 BOZEMAN MUNICIPAL CODE
CD38:184PROOFS
portation pathways shall be ADA accessi-
ble, and include the following types of
facilities:
a. Sidewalks;
b. On-street bike lanes and bike routes;
c. Boulevard trails; and
d. Class I trails;
(1) With the exception of trail cor-
ridors within required water-
course setbacks, corridors for
Class I trails shall be dedicated
to the city. The dedicated trail
corridor shall be at least 25 feet
in width to ensure adequate room
for the construction, mainte-
nance and use of the trail. Trans-
portation trail corridors cannot
be used to satisfy park land ded-
ication requirements;
e. Pathways that connect community or
neighborhood commercial nodes by a
reasonably direct route; or
f. Pathways that connect major residen-
tial, employment, educational, or other
service nodes by a reasonably direct
route.
2.Recreation pathways.For the definition of
recreation pathways, please see section
38.27.110.B.
C.Related facilities.If pathways are proposed
or required, stream crossings and other similar
improvements, where necessary, shall be installed.
Bridge design and construction shall comply with
city specifications and standards, and shall be
submitted to the planning department for review
and approval. Any necessary permits for bridges
shall be obtained by the developer from the appro-
priate 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 con-
structed according to any adopted park or recreation
plan or other city specifications and standards.
Trails and bridges must meet Americans with Dis-
abilities Act (ADA) specifications for recreational
facilities and maintain a natural appearance. Trail
plans and specifications shall be submitted to the
planning department for review and approval prior
to installation.
E.Bikeways and boulevard trails.Wherever new
streets are to be developed as a result of a develop-
ment proposal, or wherever existing streets or roads
are required to be improved, the developer may be
required to incorporate striped bicycle lanes along
the shoulder, meeting current AASHTO standards,
into the design and construction or improvement of
the streets or roads. The decision to install a
boulevard trail instead of a bike lane shall be based
on the most recently adopted long-range transpor-
tation plan. The city commission may consider
exceptions based on the particular characteristics of
a transportation corridor and recommendations from
the DRC and the Bozeman Area Bicycle Advisory
Board. Boulevard trails and bike lanes shall be
designed and constructed in accordance with the
most recently adopted long-range transportation
plan, and any other applicable city specifications
and standards.
F.Pathway maintenance.Trails within and ad-
jacent to the proposed development, as well as
off-street pathways (i.e., sidewalks and boulevard
trails) along external development streets, shall be
maintained (including snow removal) in accordance
with an approved maintenance plan by the devel-
oper until 50 percent of the lots within the devel-
opment are sold. Thereafter the property owners'
association shall be responsible for maintenance.
The property owners' association may establish an
improvement district to collect assessments to pay
for the maintenance.
G.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.
§ 38.24.110UNIFIED DEVELOPMENT CODE
CD38:185PROOFS
H.Trails in required watercourse setbacks.Trail
corridors within required watercourse setbacks shall
not be dedicated to the city, and such land may not
be used to satisfy park land dedication require-
ments. When publicly accessible trails are estab-
lished within required watercourse setbacks, public
access easements at least 25 feet in width shall be
provided to ensure adequate room for the construc-
tion, maintenance and use of the trail.
I.Corridors.Corridors for transportation path-
ways shall not be used to satisfy park land dedica-
tion requirements.
(Ord. No. 1645, § 18.44.110, 8-15-2005; Ord. No.
1693, § 14(18.44.110), 2-20-2007; Ord. No. 1796,
§ 6, 1-3-2011)
Sec. 38.24.120. Public transportation.
A.Street design.All interior and exterior devel-
opment streets that are designated as transit routes
shall be designed to accommodate transit vehicles
and facilities. Transit considerations for street de-
sign include but are not limited to:
1. Pavement design;
2. Lane width;
3. Corner radii;
4. Street grade;
5. Curb height; and
6. Right-of-way width.
B.Other transit considerations.Developments
with designated transit routes shall be designed with
consideration to the following requirements:
1.Spacing of transit stops.All lots within the
development shall be not further than one-
half mile from a designated transit route;
2.Length of transit stops.Developments shall
be designed to accommodate a bus length
of at least 90 feet on designated transit
routes;
3.Distance from intersection.Transit stops
shall be at least five feet from pedestrian
crosswalks or the end of corner radii;
4.Driveway conflicts.Lots and lot accesses
shall be configured to avoid conflicts with
transit stops; and
5.Lighting.Subdivision street lighting shall
be configured to provide adequate lighting
at transit stops.
C.Transit facilities.If any streets on the interior
or exterior of the development are designated as
transit routes, the city commission may require the
developer to provide transit facilities such as transit
stop signage, benches, bike racks, lighting and bus
shelters.
(Ord. No. 1645, § 18.44.120, 8-15-2005; Ord. No.
1693, § 14(18.44.120), 2-20-2007)
ARTICLE 25. PARKING
Sec. 38.25.010. General provisions.
A. Parking is one part of the overall multimodal
transportation system. Individual choice of travel
mode and development characteristics influences
the need for parking. The purpose of this article 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 transpor-
tation demands of different land uses which locate
at a site. Some sites such as those that are located in
close proximity to transit, have good access to
pedestrian facilities or have off-set peak uses may
require less on-site parking. The purpose of these
standards is to provide functional parking areas
adequate to the needs of users, create shaded areas
within parking lots, reduce glare and heat build-up,
reduce stormwater surges, provide visual relief
within paved parking areas, emphasize circulation
patterns, avoid the negative impacts associated with
spillover parking into adjacent neighborhoods, while
at the same time avoiding the negative environmen-
tal 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 article are also intended to help protect the
public health, safety, and general welfare by: help-
§ 38.24.110 BOZEMAN MUNICIPAL CODE
CD38:186PROOFS
ing avoid and mitigate traffic congestion; encour-
aging multimodal transportation options and en-
hanced pedestrian safety; providing methods to
reduce the amount of impervious surfaces in park-
ing areas and adequate drainage structures in order
to reduce the environmental impacts of stormwater
runoff; encouraging paving or alternate means of
surfacing of parking areas in order to address dust
abatement and improve air quality; and providing
flexible methods of responding to the transportation
and access demands of various land uses in differ-
ent areas of the city. In achieving these purposes
this article interacts with the requirements of article
26 of this chapter. The design of off-street parking
shall primarily be the responsibility of the devel-
oper and shall consider traffic circulation, intended
landscaping, pedestrian access and circulation, and
other purposes of this chapter.
1.Floor area.
a. 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 article 42 of this chapter.
However, at the election of the prop-
erty owner, floor area shall mean the
gross floor area, as defined in article
42 of this chapter, minus the follow-
ing:
(1) Window display areas;
(2) Storage areas;
(3) Areas used for incidental repair
of equipment used or sold on the
premises;
(4) Areas occupied by toilets and
restrooms, kitchens or break
rooms;
(5) Areas occupied by public utility
facilities;
(6) Areas occupied by dressing
rooms, fitting or alteration rooms
incidental to the sale of clothing;
(7) Areas occupied by stairways and
elevators;
(8) Corridors connecting rooms or
suites of rooms; and
(9) Enclosed areas used for parking
vehicles.
Such election shall be made in writing
to the planning director, shall be signed
and acknowledged by the owner, and
shall be filed with the planning direc-
tor prior to the issuance of a building
permit for such building. The owner
shall also be responsible for certifying
other information upon which parking
requirements may be based, such as
seats, and the number of employees
on maximum working shift.
b. Whereapplicable,thenumberofspaces
required in section 38.25.040 will be
the total of the spaces required for the
component activities of certain uses,
each calculated separately.
2.Change of use or occupancy of buildings.
With any change of use or occupancy of
any building or buildings an occupancy
permit is required. When the change in use
or occupancy requires more than a ten
percent cumulative increase in parking over
that required with the initial building con-
struction, an occupancy permit shall not be
issued until such additional parking spaces,
in the amount required by this chapter, are
provided for.
3.Improvement schedule.All parking area
improvements to include surfacing, drain-
age,walkways,lighting,landscaping,screen-
ing, traffic control, etc., shall be installed
according to the provisions of article 39 of
this chapter.
4.Stacking of off-street parking spaces.Re-
quired parking spaces shall be located so as
to preclude stacking of off-street parking
spaces, with the exception of single- house-
hold dwellings and individual townhouse
and condominium units, and duplexes with
physically separated individual driveways.
§ 38.25.010UNIFIED DEVELOPMENT CODE
CD38:187PROOFS
Physical separation is provided when at
least one of these options are provided:
individual garage doors for each interior
parking space, a vegetated planter not less
than four feet in width between the parking
spaces in the driveway area, or a wall not
less than four feet in height and length is
provided between the parking area in the
driveway and dividing the garage entrance.
Generally, not more than two cars may be
stacked. When stacking is allowed, not
more than two vehicles may be stacked
within an enclosed parking area.
5.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 drive-
ways, 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.
6.Parking is permitted within required rear
yards.
(Ord. No. 1645, § 18.46.010, 8-15-2005; Ord. No.
1693, § 15(18.46.010), 2-20-2007; Ord. No. 1761,
exh. I(18.46.010), 7-6-2009; Ord. No. 1769, exh.
H(18.46.010), 12-28-2009)
Sec. 38.25.020. Stall, aisle and driveway design.
A.Parking dimensions.The following shall be
the minimum parking space dimensions: See also
Figure 38.25.020 in Appendix A to this chapter.
______________________________________________________________________________________
Table 38.25.020
Width1 Length
Angle Standard Disabled6 Compact5 Standard Disabled Compact5 Aisle Width
90 9' 13' 8' 18/202 18/202 16' 263
60 9' 13' 8' 18/202 18/202 16' 18/234
45 9' 13' 8' 18/202 18/202 16' 15/234
Notes:
1As measured by a line perpendicular to the stall line at a point on the outside end of the stall, except when
the stall is on the inside edge of a curve, in which case the point of measurement shall be on the inside
end of the stall.
218 feet if measured from a curb on the inside edge of the stall; 20 feet if measured from a painted line on
the inside edge of the stall. Stall length variations are subject to approval by the city engineer.
3For 90-degree parking, aisles are two-way;
4First number refers to one-way traffic and the second number to two-way traffic. If the aisle is needed as
a fire lane, a 20-foot minimum is required.
5Unless otherwise approved, all parking spaces shall be of standard width and length. In any parking facility
containing 20 or more parking spaces, a maximum of 25 percent of the provided parking spaces may be
reduced in size for small cars, provided these spaces shall be clearly identified with a sign permanently
affixed immediately in front of each space containing the notation, "Compacts Only." Where feasible, all
small car spaces shall be located in one or more contiguous areas and/or adjacent to ingress and egress
points within parking facilities. Location of compact car parking spaces shall not create traffic congestion
or impede traffic flows.
§ 38.25.010 BOZEMAN MUNICIPAL CODE
CD38:188PROOFS
6The first disabled accessible parking stall shall meet the standards of section 38.25.040.A.4.a.
7If parking stalls within the interior of an individual residential garage are counted toward a development's
required parking needs, then they shall meet the standard parking stall width of nine feet and the standard
parking stall length of 20 feet with a minimum of one foot clear on all exterior sides of the stall.
______________________________________________________________________________________
B.Within structures.The off-street parking re-
quirements may be furnished by providing spaces
so designated within the principal building or ac-
cessory parking structure. However, no building
permit shall be used to convert the parking struc-
tures into a dwelling unit or living area or other
activity until other adequate provisions are made to
comply with the required off-street parking provi-
sions of this chapter.
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 to requirements of the Interna-
tional Fire Code.
D.Backing requirements.All required parking
must have adequate back-up maneuverability as
specified in Table 38.25.020. The aisle width cal-
culation may incorporate the width of the public
right-of-way. Except in the case of one- to four-
household dwellings and individual townhouse-
style units with individual garages, parking area
design which requires backing into the public street
is prohibited. With the exception of residential
development, parking area design which requires
backing into the public alley is prohibited.
E.Parallelparkingspaces.Parallelparkingspaces
shall be a minimum of 24 feet in length and seven
feet in width measured from the inside edge of a
curb or the inside edge of the asphalt if curbing is
not present.
F.Surfacing.Except for one-household develop-
ment on individual lots, all areas intended to be
utilized for permanent parking space and driveways
shall control dust and drainage. All proposed park-
ing areas and driveway improvements shall require
a grading and drainage plan approved by the city
engineer. Areas shall be paved with concrete or
asphaltic concrete or approved pavers; or an alter-
native 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 park-
ing and circulation are encouraged.
1. However, paving shall not be required for
permitted and conditional uses in the R-S
zoning districts when all of the following
circumstances exist:
a. The use is required to provide fewer
than 15 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 im-
provements agreement with the city
agreeing that the lot shall be paved
within nine months of the time an
adjacent roadway is paved.
G.Striping.All parking stalls shall be marked
with white or yellow painted lines not less than four
inches wide, except for one- to three-household
dwellings and individual townhouse units. An ex-
ception to this requirement may be approved by the
city when the striping would otherwise be applied
to an area that does not have a permanent and
durable wearing surface.
H.Lighting.Any lighting used to illuminate an
off-street parking area shall comply with the light-
ing standards of section 38.23.150.
§ 38.25.020UNIFIED DEVELOPMENT CODE
CD38:189PROOFS
I.Signs.No sign shall be so located which
restricts the sight lines and orderly operation and
traffic movement within any parking area. All signs
shall conform to the requirements of article 28 of
this chapter.
J.Parking lot curbing.
1. All open off-street parking areas and drive-
ways shall have perimeter concrete curb
around the entire parking lot, including
driving access ways, except for individual
townhouse units and one- to three-house-
hold dwellings. Continuous concrete curb-
ing shall be built according to standards
provided by the city engineer. Unless oth-
erwise approved, the perimeter curb shall
be six inch by six inch concrete.
2. Concrete pindown wheel stops may be
permitted as an alternative to continuous
concrete curbing in front of parking spaces
which front on the perimeter of the parking
lot. However, continuous concrete curbing
as described above shall be provided in all
situations where deemed necessary by the
city engineer to control drainage and soil
erosion.
3. Alternative perimeter treatment may be per-
mitted subject to the approval of the city
engineer.
4. Requirements for perimeter curbing shall
not preclude opportunities for shared access
between adjacent parking lots.
K.Protruding vehicles.All on-site 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 three 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 two feet of
sidewalk width is required.
M.Snow removal storage areas.Snow removal
storage areas shall be provided sufficient to store
snow accumulation on site. Such areas shall not
cause unsafe ingress/egress to the parking areas,
shall not cause snow to be deposited on public
rights-of-way, shall not include areas provided for
required parking access and spaces, and shall not be
placed in such a manner as to damage landscaping.
All snow removal storage areas shall be located and
designed such that the resultant stormwater runoff
is directed into landscaped retention/detention and
water quality improvement facilities as required by
the engineering department, or in compliance with
any adopted storm drainage ordinance or best prac-
tices manual.
N.Parking and stacking for drive-in/drive-
through facilities.Required parking and stacking
spaces for waiting automobiles shall provide a
minimum of two stalls and six spaces for stacking
per lane unless a traffic summary shows that fewer
spaces may be required. These spaces shall not in
any manner inhibit on-site or off-site vehicular
circulation.
O.Ownership/leasehold.Required parking lots
shall be owned or leased by the owner or lessee of
the building or use being served by such parking.
Such parking lots shall be maintained as a parking
lot so long as the building and/or use served is in
operation or until another approved parking area is
established for such building or use.
P.Stormwater drainage.Stormwater drainage
from parking lots shall be directed into landscaped
detention/retention facilities and water quality im-
provement facilities as required by the engineering
department, or in compliance with any adopted
storm drainage ordinance and/or best practices man-
ual adopted by the city.
Q.Mechanical automobile lifts.Mechanical au-
tomobile lifts may be used to meet required parking
when the mechanical automobile lift design allows
for access to a specific car on demand. Parking
§ 38.25.020 BOZEMAN MUNICIPAL CODE
CD38:190PROOFS
spaces within the lift may be counted towards the
required parking requirement. The mechanical au-
tomobile lift shall be fully enclosed in a structure.
(Ord. No. 1645, § 18.46.020, 8-15-2005; Ord. No.
1693, § 15(18.46.020), 2-20-2007; Ord. No. 1761,
exh. I(18.46.020), 7-6-2009; Ord. No. 1769, exh.
H(18.46.020), 12-28-2009)
Sec. 38.25.030. Maintenance of parking areas.
A. It shall be the joint and separate responsibil-
ity 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.
1. Use of required parking areas for parking
only. Required off-street parking spaces in
any district shall not be utilized for open
storage, sale or rental of goods, storage of
inoperable vehicles, except when permitted
as a temporary use.
2. 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 sub-
mitted to the planning director identifying
the required parking spaces necessary to
comply with section 38.25.040.
(Ord. No. 1645, § 18.46.030, 8-15-2005; Ord. No.
1693, § 15(18.46.030), 2-20-2007; Ord. No. 1761,
exh. I(18.46.030), 7-6-2009; Ord. No. 1769, exh.
H(18.46.030), 12-28-2009)
Sec. 38.25.040. Number of parking spaces re-
quired.
A. The following minimum number of off-
street, paved parking spaces for motor vehicles and
bicycles shall be provided and maintained by own-
ership, 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.
1.Residential uses.
a.Minimum requirements.The number
of spaces shown in Table 38.25.040-1
shall be provided subject to the adjust-
ments allowed in this subsection 1.
The number of disabled parking stalls
as required by Table 38.25.040-6 shall
be provided from the minimum num-
ber of required parking stalls. All site
plans submitted for permit purposes
shall identify parking space alloca-
tions. Fees may be charged by the
landowner for the use of required
parking spaces.
(1) One parking space for each 24
uninterrupted linear feet of avail-
able street frontage usable for
on-street parking directly adja-
cent to a lot may be deducted
from the total parking spaces
required for a development. The
number of on-street spaces cal-
culated shall not exceed the num-
ber of dwellings on the lot. The
width of drive accesses, desig-
nated nonparking areas, vision
triangles, and similar circum-
stances shall not be considered
to be available for the purpose of
on-street parking space.
______________________________________________________________________________________
Table 38.25.040-1
Dwelling Types Parking Spaces Required per Dwelling
Accessory dwelling unit 1
Lodginghouse 0.75 spaces per person of approved capacity
Efficiency unit 1.25
§ 38.25.040UNIFIED DEVELOPMENT CODE
CD38:191PROOFS
Dwelling Types Parking Spaces Required per Dwelling
One-bedroom 1.5
Two-bedroom 2
Three-bedroom 3
Dwellings with more than three bedrooms 4
Group homes and community residential facilities 0.75 spaces per person of approved capacity1
Bed and breakfast 1 space/rental unit
Manufactured home 2
All types of dwellings within the B-3 district 1
1A facility may request to provide fewer parking spaces if they provide evidence that the residents are
prohibited from operating motor vehicles. Under no condition shall less than two parking spaces be
provided. If the use of the facility is altered to serve a different population who may operate motor
vehicles, then the additional required parking shall be provided before the change in use may occur.
______________________________________________________________________________________
b.Adjustments to minimum requirements.
(1) Affordable housing. When cal-
culating the amount of required
parking for affordable housing,
as defined in article 42 of this
chapter, if the project is guaran-
teed for use as affordable hous-
ing for a minimum period of 20
years and the use as affordable
housing is subject to long term
monitoring to ensure compli-
ance and continued use as afford-
able housing, Required parking
spaces shall be calculated based
on number of bedrooms outlined
in Table 38.25.040-1, but shall
not exceed two spaces per unit.
(2) Residential uses in mixed-use
projects. In order to utilize this
section, the long term availabil-
ity of the nonresidential parking
spaces upon which the use of
this section was based shall be
ensured to the residents of the
project. For the purpose of this
section a building is considered
mixed-use if the nonresidential
portion of the building is at least
one-quarter of the gross square
feet not used for parking. Resi-
dences in mixed-use buildings
may count on-street parking per
subsection 1.a.(1) of this section
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
chapter which may have the ef-
fect of reducing the required
amount of parking. When calcu-
lating the amount of required
parkingforresidentialuseswithin
a mixed-use project the amount
of parking may be reduced sub-
ject to Table 38.25.040-2.
Table 38.25.040-2
Reduction
Allowed
Ratio of Required
Nonresidential to
Required Resi-
dential Parking
Spaces
50% Greater than 1:1
but less than 3:1
100% Equal to or
greater than 3:1
(3) A car-sharing agreement meet-
ing the criteria established by
the planning director may be
used to meet the required num-
§ 38.25.040 BOZEMAN MUNICIPAL CODE
CD38:192PROOFS
ber of parking spaces. To use
this option the development must
have more than five dwelling
units. Each vehicle provided
through a car sharing agreement
counts as required parking at a
ratio of one dedicated car-share
space to five standard spaces, up
to a maximum of 50 percent of
thetotalrequiredresidentialpark-
ing.
(4) Transit availability. A residential
development subject to site plan
review may take a ten 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 tran-
sit stop is eligible when it has a
shelter installed which meets the
standards of and is approved by
the transit provider, and service
is provided on not less than an
hourly schedule a minimum of
five days per week.
2.Nonresidential uses.
a.Minimum requirements.The number
of spaces shown in Table 38.25.040-3
shall be provided subject to the adjust-
ments allowed by this article. Spaces
are not required to be provided free to
the user. The required number of dis-
abled parking stalls required by the
Americans with Disabilities Act Ac-
cessibility Guidelines (ADAAG) shall
be provided from the minimum num-
ber of required parking stalls. Table
38.25.040-6 presents the most com-
mon requirement for accessible spaces.
Accessible spaces count towards sat-
isfying minimum parking require-
ments. All site plans submitted for
permit purposes shall identify parking
space allocations. When a use is not
included in Table 38.25.040-2, the
planning director shall determine the
appropriate classification for the pur-
pose of required parking.
b.Maximum parking.Provision of park-
ing spaces in excess of 125 percent of
the minimum number of spaces re-
quired for the net floor area in this
subsection 2 is not permitted.
______________________________________________________________________________________
Table 38.25.040-3
Use Type Off-Street or Off-Road Parking Spaces Required
Automobile sales 1 space per 200 square feet of indoor floor area; plus 1 space
per 20 outdoor vehicle display spaces
Automobile service and/or repair station 2 spaces per service stall, but no less than 4 spaces
Automobile washing establishment
Automatic drive-through 3 spaces or 1 for each employee on maximum shift; plus
stacking space
Self-service 2 spaces per stall not including washing or drying spaces
Bank, financial institutions 1 space per 300 square feet of floor area
Bowling alley 2 spaces per alley; plus 2 spaces per billiard table; plus
Church 1 space per six persons of maximum occupancy load (as
identified in the International Building Code) for main
assembly hall, public assembly areas and classrooms
Community or recreation center 1 space per 200 square feet of floor area
§ 38.25.040UNIFIED DEVELOPMENT CODE
CD38:193PROOFS
Use Type Off-Street or Off-Road Parking Spaces Required
Health and exercise establishment 1 space per 200 square feet of floor area; plus 3 spaces per
court
Day care centers 1 space per staff member plus 1 space per 15 children
permitted
Elderly (senior citizens) housing 1 space per unit
Furniture stores over 20,000 square feet 3 spaces per 1,000 square feet of floor area
Golf courses 1 space per 200 square feet of main building floor area; plus
1 space for every 2 practice tees in driving range; plus 4
spaces per each green in the playing area
Hospitals 1 space per bed.
Medical and dental offices 4 spaces for each full-time equivalent doctor or dentist; plus
1 space for each full-time equivalent employee
Manufacturing and industrial uses 1 space per 1,000 square feet of floor area, plus 1 space per
2 employees on maximum working shift
Motels, Hotels 1.1 spaces per each guest room; plus 1 space per employee on
maximum shift; plus spaces for accessory uses as follows:
Restaurants, bars, dining rooms 1 space per 60 square feet of floor area
Commercial area 1 space per each 400 square feet of floor area
Public assembly areas 1 space for each 5 seats based upon design capacity, except
that total off-street or off-road parking for public assembly
may be reduced by 1 space for every 4 guest rooms
Nursing homes, rest homes or similar uses 4 spaces; plus 1 space for each 3 beds; plus 1 space for each
employee on maximum shift
Offices (except medical and dental) 1 space per 250 square feet of floor area
Outdoor sales (plant nurseries, building ma-
terials, equipment rental and similar)
1 space per 500 square feet of sales and/or display area. The
size of the sales and/or display area shall be determined on a
case-by-case basis.
Restaurants, cafes, bars and similar uses 1 space per 50 square feet of indoor public serving area; plus
1 space per 100 square feet of outdoor (patio) area
Retail store and service establishments 1 space per 300 square feet of floor area
Sales sites; model homes 1 space per 250 square feet of model floor areas; plus 1 space
per employee
Schools
Elementary and/or junior high 1.5 spaces for each classroom, library, lecture hall and
cafeteria; plus 1 space for each 3 fixed seats in the area of
public assembly, or 1 space for each 25 square feet of area
available for public assembly if fixed seats are not provided
Senior high 1.5 spaces for each classroom or lecture hall; plus 1 space per
each 5 students; plus 1 space for each nonteaching employee;
plus 1 space per each 3 fixed seats in the area of public
assembly, or 1 space per 25 square feet of area available for
public assembly if fixed seats are not provided
Business or similar school 1 space for each 1.5 students
Theater, auditorium or similar 1 space per 4 seats based upon place of assembly design
capacity
§ 38.25.040 BOZEMAN MUNICIPAL CODE
CD38:194PROOFS
Use Type Off-Street or Off-Road Parking Spaces Required
Warehousing, storage or handling of bulk
goods
1 space per 1,000 square feet of floor area devoted to storage
of goods; plus appropriate spaces to support accessory office
or retail sales facilities at 1 space per 350 square feet of floor
area
c.Adjustments to minimum requirements.
Toimplementthecity'sadoptedgrowth
policy, adjustment of parking require-
ments 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 sec-
tions 38.25.050 and 38.25.060 nor
shall the use of this section preclude
the use of other sections of this chap-
ter which may have the effect of
reducing the required amount of on-
site parking. More than one adjust-
ment may apply. Multiple adjustments
are added together to modify the min-
imum required parking from Table
38.25.040-3 in a single operation. Mul-
tiple adjustments are not applied se-
quentially.
(1) Neighborhood commercial.
Within the B-1 and R-O zoning
districts implementing a small
scale Community Commercial
Mixed Use growth policy desig-
nation or the B-3 zoning district,
the parking requirements for non-
residential uses may be reduced.
Table 38.25.040-4
Use
Allowable
Reduction
Retail 40 percent
Restaurant 50 percent
Office 20 percent
All others 30 percent
(2) Community commercial. Within
zoning districts lying within a
commercial node, as defined in
article 42 of this chapter, the
parking requirements for nonres-
idential uses may be reduced.
Table 38.25.040-5
Use
Allowable
Reduction
Retail 20 percent
Restaurant 30 percent
Office 10 percent
All others 10 percent
(3) Transit availability. Required
parking may be reduced by ten
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
eligiblewhenithaspubliclyavail-
able cover from weather ap-
proved by the transit provider to
be equivalent to a transit shelter,
and service is provided on not
less than an hourly schedule a
minimum of five days per week.
(4) Structured parking. An addi-
tional 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.
(5) The first 3,000 gross square feet
ofanonresidentialbuildingwithin
the B-3 district is not required to
provide parking.
§ 38.25.040UNIFIED DEVELOPMENT CODE
CD38:195PROOFS
3.Exceptions to these parking requirements.
Because some situations (i.e., existing lots
which have no landscaping, irregular lots,
lotswithtopographicdifficulties,etc.)would
benefit from an alternative to the required
maximum parking areas; because the com-
munity's appearance could benefit from
additional landscaping, streetscaping and
sculptural elements; and because parking
exceptions and/or landscaping would en-
courage development within existing city
boundaries; the following alternatives may
be permitted. These alternatives may be
proposed by the developer for review by
the ADR staff. Such proposals may be
approved based on a determination that
such alternatives meet the following require-
ments and will not create a congested
on-street parking situation in the vicinity of
the proposal.
a.Landscaping in lieu of parking.Ex-
cept in the B-3 district, property own-
ers have the option of requesting the
deletion of up to five required spaces
or ten percent of the required parking
spaces, whichever is less, if 350 square
feet of landscaping, trees or streetscap-
ing is installed on the property for
each space so deleted. This shall not
decrease the amount of landscaping
that would have been required with
full parking, but shall be in addition to
such landscaping. This option shall be
approved by the ADR staff. These
improvements must be placed in the
public right-of-way or yards directly
facing the right-of-way.
b.Cash-in-lieu modifications to parking
requirements in B-3 district.Where all
or part of the required parking spaces
can not be provided for a proposed
use in the B-3 District, either through
ownership or lease of the necessary
land, the petitioner may satisfy the
parking requirements by providing an
equivalent cash-in-lieu payment ac-
cording to the following provisions:
(1) No building permit shall be is-
sued, nor shall any use of prop-
erty be initiated, unless a satis-
factory cash-in-lieu payment is
received by the department of
finance;
(2) The parking commission shall
review and consider all requests
for cash-in-lieu payments and
furnish a written and dated cer-
tificate, signed by the parking
commission chair, authorizing
cash-in-lieu payments.Acopy of
this certificate shall be presented
to the chief building official and
planning director before a build-
ing permit is issued or the use
instituted;
(3) For each required parking space
not provided, payment shall be
made to the city finance depart-
ment as specified by standard
paymentrequirementsestablished
by the parking commission;
(4) All real property assessed by
special improvement district
(SID) No. 565, or other similarly
adoptedimprovementdistrictsde-
signedtoprovideadditionalpark-
ing spaces within the B-3 dis-
trict, shall not be required to
provide additional parking spaces
beyond those required at the time
of the SID adoption, provided
the use of the real property and
improvementsremainsunchanged
from the initial assessments of
SID No. 565, or other similarly
adopted improvement districts;
(a) In the event that a new use
or an expansion is initiated
on any portion of real prop-
§ 38.25.040 BOZEMAN MUNICIPAL CODE
CD38:196PROOFS
erty or improvements sub-
sequent to the assessments
for SID No. 565 or other
similarly adopted improve-
ment districts, then parking
space requirements shall be
satisfied prior to initiation
of those new or expanded
uses.
4.Disabled accessible parking spaces.
a. Disabled parking spaces shall be pro-
vided subject to federal standards enu-
merated in the Americans with Dis-
abilities Act (ADA) dated January 26,
1992, and Federal Standard 795, (Uni-
form Federal Accessibility Standards)
datedApril 1, 1988, chapter 4 (Acces-
sible Elements and Spaces: Scope and
Technical Requirements). Each dis-
abled parking space shall also be ac-
companied by a sign stating "Permit
Required $100.00 Fine". See Figure
38.25.040.D in Appendix A to this
chapter.
b. All parking lots and facilities shall be
subject to current International Build-
ing Code guidelines for accessibility,
and shall contain a minimum number
of disabled accessible parking spaces
as set forth in the ADAAG. Table
38.25.040-6 addresses the majority of
circumstances:
_____________________________________________________________________________
Table 38.25.040-6
Total Parking in Lot
Required Minimum Num-
ber of Accessible Spaces Total Parking in Lot
Required Minimum Num-
ber of Accessible Spaces
1 to 25 1 201 to 300 7
26 to 50 2 301 to 400 8
51 to 75 3 401 to 500 9
76 to 100 4 501 to 1000 2 percent of total
101 to 150 5 1001 and over 20 plus 1 for each 100
over 1000
151 to 200 6
(1) The first accessible parking stall
provided, and one in every eight
accessible spaces provided there-
after, shall have an aisle eight
feet wide (rather than five feet)
and shall be signed "van acces-
sible."
(2) Accessible spaces shall be lo-
cated as near as practical to a
primary entrance and shall be
designated as those spaces clos-
est to the primary accessible en-
trancetoafacility.Parkingspaces
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.
(3) The minimum number of acces-
sible parking spaces shall be in
addition to any other required
parking spaces.
c. All accessible parking spaces shall be
designated as reserved for the dis-
abled 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 sym-
bols painted on the pavement as the
§ 38.25.040UNIFIED DEVELOPMENT CODE
CD38:197PROOFS
only means of identification do not
meet this requirement. See Figure
38.25.040.D in Appendix A to this
chapter.
(1) Raised signs shall be located at a
distance no greater than five feet
from the front of each accessible
space and shall be subject to
review and approval by the plan-
ning department.
d. 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 unencum-
bered minimum three-foot wide walk,
sidewalk or ramps. The accessible
path of travel shall be a paved, smooth
surface, free of defects or design fea-
tures that would restrict, inhibit or
unreasonably impede the movement
of a physically disabled individual.
(1) The least possible slope shall be
used for any ramp. The maxi-
mum slope of a ramp in new
construction shall be 1:12, cross
slopes shall not exceed 0.25 inch
per foot. The maximum rise for
any run shall be 30 inches.
e. Exceptions: Group R occupancies, per
the most recently adopted Interna-
tional Building Code definition, con-
taining three or less dwelling units or
congregate residences accommodat-
ing ten persons or less.
f. Prior to occupancy, the applicant or
their representative shall certify com-
pliance with the requirements of this
subsection 4.
5.Bicycle parking required.All site develop-
ment, exclusive of those qualifying for
sketch plan review per article 19 of this
chapter, shall provide bicycle parking facil-
ities to accommodate bicycle-riding resi-
dents and/or employees and customers of
the proposed development. The number of
bicycle parking spaces shall be at least ten
percent of the number of automobile park-
ing stalls required by Tables 24-2 and 24-4
before the use of any special exception or
modification but shall in no case be less
than two.
a. Bicycle parking facilities will be in
conformance with standards recom-
mended in the city's long range trans-
portation plan.
b. Required bicycle parking shall be pro-
vided in a safe, accessible and conve-
nientlocation.Directionalsignageshall
be installed when bicycle parking fa-
cilities are not readily visible from the
street, sidewalk, or main building en-
trance. Installation of bicycle parking
shall allow for adequate clearance for
bicycles and their riders.
c. Bicycle parking may be provided in a
common area to serve multiple build-
ings.The common area must be within
100 feet of each served building.
d. Covered bicycle parking is encour-
aged.
(Ord. No. 1645, § 18.46.040, 8-15-2005; Ord. No.
1693, § 15(18.46.040), 2-20-2007; Ord. No. 1761,
exh. I(18.46.040), 7-6-2009; Ord. No. 1769, exh.
H(18.46.040), 12-28-2009)
Sec. 38.25.050. Joint use of parking facilities.
A. Up to 80 percent of the nonresidential park-
ing spaces required by this article may be provided
through shared parking.
B. Shared parking may be requested if parking
can be provided to serve two or more individual
land uses without conflict or encroachment. The
planning director may make a determination for
shared parking arrangements based on a traffic
survey or traffic impact study for the site based on
the following:
1. At a minimum, a traffic survey or traffic
impact study must examine for all potential
§ 38.25.040 BOZEMAN MUNICIPAL CODE
CD38:198PROOFS
uses: trip generation, hours of operation,
quantity of required parking spaces, quan-
tity 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 pro-
posed; and
3. A properly drawn legal instrument, exe-
cuted by the parties concerned for joint use
of off-street parking facilities, duly ap-
proved as to form and manner of execution
by the city attorney, shall be filed with the
city clerk and recorded with the county
clerk and recorder.
(Ord. No. 1645, § 18.46.050, 8-15-2005; Ord. No.
1693, § 15(18.46.010), 2-20-2007; Ord. No. 1761,
exh. I(18.46.050), 7-6-2009; Ord. No. 1769, exh.
H(18.46.050), 12-28-2009)
Sec. 38.25.060. Off-site parking.
A. Any off-site parking which is used to meet
the requirements of this chapter shall be reviewed
by the planning director for compliance with this
chapter and shall be subject to the following con-
ditions:
1. Off-site parking shall be developed and
maintained in compliance with all require-
ments and standards of this chapter;
2. Reasonable continuous pedestrian and ve-
hicle access from off-site parking facilities
to the use being served shall be provided;
3. Off-site parking for one-household and two-
household dwellings shall not be permitted;
4. 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;
5. Off-site parking for nonresidential uses shall
not be located more than 1,000 feet from
the entrance of the principal use. The dis-
tance shall be measured on a pedestrian
route of travel such as a sidewalk or city
standard trail from the nearest parking space
to the entrance of the principal use served;
and
6. Any use which depends upon off-site park-
ing to meet the requirements of this chapter
shall maintain ownership or provide evi-
dence of a long-term lease agreement, re-
vocable with city commission approval,
running with the term of the designated use,
for parking utilization of the off-site loca-
tion.
(Ord. No. 1645, § 18.46.060, 8-15-2005; Ord. No.
1693, § 15(18.46.060), 2-20-2007; Ord. No. 1761,
exh. I(18.46.060), 7-6-2009; Ord. No. 1769, exh.
H(18.46.060), 12-28-2009)
ARTICLE 26. LANDSCAPING
Sec. 38.26.010. Purpose and intent.
A. The process of development, with its altera-
tion of the natural topography and vegetation, and
creation of impervious cover can have a negative
§ 38.26.010UNIFIED DEVELOPMENT CODE
CD38:199PROOFS
effect on the ecological balance of an area by
causing or accelerating the processes of runoff,
erosion and sedimentation. The economic base of
the city can and should be protected through the
preservation and enhancement of the area's unique
natural beauty and environment. Recognizing that
the general objectives of this article are to promote
and protect the health, safety and welfare of the
public, these landscaping regulations are adopted as
part of this chapter for the following specific
purposes:
1. To aid in stabilizing the environment's eco-
logical balance by contributing to the pro-
cess of air purification, oxygen regenera-
tion,groundwaterrecharge,stormwaterrunoff
retardation, and improvement of water qual-
ity, while at the same time aiding in noise,
glare and heat abatement;
2. To provide visual buffering between land
uses of differing character by placing screen-
ing vegetation;
3. To enhance the beauty of the city by ex-
panding and strengthening the urban forest
and providing a diversity of vegetation
within the city;
4. To protect the character and stability of
residential, business, institutional and indus-
trial areas by establishing minimum land-
scaping standards;
5. To preserve the value of land and buildings
by protecting and enhancing the aesthetic
character of the community;
6. To conserve energy by providing wind-
breaks, shade and temperature moderation;
7. To retard the spread of noxious weeds by
encouraging a vigorous desirable plant com-
munity within the city;
8. To enhance the appearance of the entryways
into the city by providing high-quality land-
scaping which complements architecture;
9. To encourage a pleasant and safe environ-
ment for pedestrians by placement of bou-
levard trees and other interesting visual
features; and
10. To encourage the conservation of water by
rewarding the use of low water demand
landscaping.
(Ord. No. 1645, § 18.48.010, 8-15-2005; Ord. No.
1693, § 16(18.48.010), 2-20-2007)
Sec. 38.26.020. Interpretation and scope.
A. The provisions of this article shall apply to a
lot or site when an application is being made for:
1. Site development approval pursuant to ar-
ticle 19 of this chapter
2. Signs pursuant to article 28 of this chapter
where landscaping is required; or
3. Restoration of a building that has been
damaged or destroyed by fire, explosion,
flood, tornado, riot, act of the public enemy
or accident of any kind. For purposes of this
subsectionA, "restoration" means the act of
putting back into a former or original state,
only.
B. Not withstanding the application of subsec-
tion A of this section, these provisions shall not
apply to the following:
1. Lots containing residential uses subject to
sketch plan review when located outside
entryway corridors, except that such lots
shall be subject to sections 38.26.050.Aand
E, 38.26.070 and 38.26.100;
2. Lots or sites within a planned unit develop-
ment which has been approved with its own
landscape plan. However, these provisions
shall be used as the basis for determining
the landscaping plans for future planned
unit developments and such planned unit
development landscaping plans shall meet
or exceed the standards of these landscape
regulations; or
§ 38.26.010 BOZEMAN MUNICIPAL CODE
CD38:200PROOFS
3. Lots or sites which are designed, reviewed
and approved according to the deviation
provisions specified in section 38.26.080.
(Ord. No. 1645, § 18.48.020, 8-15-2005; Ord. No.
1693, § 16(18.48.020), 2-20-2007)
Sec. 38.26.030. General landscaping provisions.
A. Designation of artificial lot.
1. All the lots and building sites described in
section 38.26.020.A shall be subject to
landscaping provisions, however if a build-
ing site is over two acres in size, the
applicant may request that the planning
director create an artificial lot to satisfy the
requirements of section 38.26.040.
2. The planning director shall not create an
artificial lot which would, in the planning
director's opinion, violate the spirit of these
landscape regulations.An artificial lot must:
a. Wholly include the area on which the
development is to occur; and
b. Have an area that does not exceed 50
percent of the area of the original site.
B. An artificial lot need not be platted, however
it must be designated on plans approved by the
planning director or city commission prior to the
issuance of a building permit.
C. Landscape plans shall include the informa-
tion required by section 38.41.100.
D. Vegetation may only be used to satisfy the
requirements of this article when it is located on the
same zone lot as the development depicted on the
landscape plan.
(Ord. No. 1645, § 18.48.030, 8-15-2005; Ord. No.
1693, § 16(18.48.030), 2-20-2007)
Sec. 38.26.040. Landscape plan review.
A. The city commission or other party desig-
nated to conduct reviews by this chapter shall
review each landscape plan to determine whether or
not it complies with the requirements of this sec-
tion.
B. All landscape plans must comply with the
mandatorylandscapeprovisionsinsection38.26.050.
C. In addition, all landscape plans must earn a
minimum number of points as specified in section
38.26.060. Points are awarded for specified land-
scape features and elements based upon their rela-
tive value or merit. The alternatives for achieving
the minimum points needed for approval are pro-
vided in section 38.26.060.
(Ord. No. 1645, § 18.48.040, 8-15-2005; Ord. No.
1693, § 16(18.48.040), 2-20-2007)
Sec. 38.26.050. Mandatory landscaping provi-
sions.
A.Yard landscaping required.For all uses in all
districts, unless otherwise provided by specific
approval through design review procedures, all
front, side and rear yards, and those areas subject to
38.25.050.E, exclusive of permitted access drives,
parking areas and accessory structures, shall be
landscaped as defined in this chapter. All land-
scaped areas shall be perpetually maintained in a
healthy condition.
1. For purposes of defining yard landscaping
requirements, the terms "yard," "front yard,"
"side yard" and "rear yard" mean the space
between the actual building, parking lot, or
other structure (not the building setback
line) and the adjacent lot line, which is open
and unoccupied from the ground upward or
from the ground downward other than by
steps, walks, terraces, driveways, lamp posts
and similar structures, and unobstructed by
structures, except as otherwise provided in
this chapter.
B. Additional screening requirements.The site
plan or other approval authority may require addi-
tional screening when it is determined to be in the
best interest of the affected properties. Such addi-
tional screening may be required between existing
and/or future:
1. One-household and multihousehold devel-
opments or apartment buildings;
§ 38.26.050UNIFIED DEVELOPMENT CODE
CD38:201PROOFS
2. Multihousehold and multihousehold devel-
opments or apartment buildings;
3. Residential and nonresidential uses; or
4. Nonresidential uses of differing character
and/or intensity.
C.Parking lot landscaping.
1. For purposes of defining parking lot land-
scaping requirements, the term "parking
lot" means the area within the perimeter of
the paved portion of the parking lot, includ-
ing driving aisles but not including drive
accesses and parking stalls in front of
garages where the use of one or more
spaces within the garage is assigned to a
particular dwelling. The provisions of this
subsection do not apply to parking areas, as
defined in article 42 of this chapter, pro-
vided within a building or parking struc-
ture.
2. All surface parking lots on the building site
or artificial lot, whichever is applicable,
shall be landscaped in accordance with this
subsection C.2 which describe landscaping
requirements in addition to the yard land-
scaping requirements for the site:
a. Parking lot screening required.
(1) All parking lots located on a lot
with a residential adjacency must
be screened from that residential
adjacency;
(2) All parking lots located between
a principal structure and a public
street, except in M-1 and M-2
districts, must be screened from
the public street; and
(3) Thescreeningrequiredundersub-
sections C.2.a.(1) and (2) of this
section shall be not less than
four feet in width and shall be
maintained at a height of four to
six feet except as otherwise re-
strictedbyfenceandhedgeheight
limits within required front yards
and street vision triangles.
b. Large canopy trees, large noncanopy
trees or small trees must be provided
in, or within 20 feet of, the parking lot
at a minimum average density of:
(1) One large canopy tree; or
(2) One large noncanopy tree and
one small tree; or
(3) Three small trees for each nine
parking spaces required or pro-
vided, whichever is greater.
c. No parking space may be located
more than 90 feet from the trunk of a
tree.
d. No tree may be planted closer than
four feet to the paved portion of the
parking lot.
e. Additionally, any parking lot provid-
ing 15 or more parking spaces shall
have a minimum of 20 square feet of
landscape area within the parking lot
for each off-street parking space in the
lot provided as follows:
(1) The interior parking lot landscap-
ing shall be designed to facili-
tate, control and denote proper
vehicular circulation patterns;
(2) Internal parking lot landscaping
provided shall be proportion-
ately dispersed so as to define
aisles and limit unbroken rows
of parking to a maximum of 100
feet, with landscaped areas pro-
vided in an appropriate scale to
the size of the parking lot; and
(3) Theminimumwidthand/orlength
of any parking lot landscaped
area shall be eight feet.
f. The above standards are minimum
mandatory standards. The provisions
of section 38.26.060 require addi-
§ 38.26.050 BOZEMAN MUNICIPAL CODE
CD38:202PROOFS
tional vegetation or other landscape
features for receipt of performance
standard points.
D.Screening of off-street loading spaces.
1. All off-street loading spaces on a lot with
residential adjacency must be screened from
that residential adjacency.
2. In all districts, except M-1 and M-2 dis-
tricts, all off-street loading spaces on a lot
must be screened from all public streets
adjacent to that lot.
3. The screening required under subsections
D.1 and 2 of this section must be at least six
feet in height.
E.Street frontage landscaping required.
1. Except in R-S districts, all street rights-of-
way contiguous to or within the proposed
development site not used for street pave-
ment, curbs, gutters, sidewalks or drive-
ways shall be landscaped, as defined in this
chapter, and shall include one large canopy
tree for each 50 feet of total street frontage
rounded to the nearest whole number.When
this requirement conflicts with other require-
ments of this chapter or other portion of this
Code the planning director may relax this
standard to reach an optimal balance in
public interests.
a. Acceptable large canopy shade trees
for use in public rights-of-way are
those accepted by the forestry depart-
ment. Street trees must meet the
arboricultural specifications and stan-
dards of chapter 16, article V, division
3. The forestry department, in cooper-
ation with the city tree advisory board,
publishes a pamphlet listing accept-
able species and proper planting meth-
ods. Prior to planting street trees, a
permit from the forestry department is
required.
2. Where it may be impractical or difficult to
plant large canopy trees within the public
right-of-way (due to the presence of over-
head power lines, for instance) the require-
ment for one large canopy tree for each 50
feet of street frontage may be substituted
with two small ornamental trees per 50 feet
of total street frontage. Acceptable small
ornamental trees for use in public rights-of-
way are those accepted by the forestry
department.
3. The minimum quantity of trees and other
landscaping required and provided in the
public right-of-way as described herein shall
be designed to complement on-site land-
scaping and to enhance the proposed devel-
opment project and the streetscape.
F.Street median island landscaping.All street
median islands approved through a plan review
process shall be landscaped according to require-
ments determined through the plan review process.
G.Acceptable landscape materials.
1. Generally acceptable plant materials shall
be those identified as hardy in Zones 1
through 3. The characteristics of the zones
are described in The Western Garden Book,
Sunset Publishing Corporation, 1995.Alter-
natives may be considered upon a case-by-
case basis. However, in the case of street
frontage landscaping as required in subsec-
tion E of this section, acceptable tree spe-
cies shall be limited to those approved by
the forestry department.
2. No artificial plant materials may be used to
satisfy the requirements of this article.
3. Plant materials used to satisfy the require-
ments of this article must comply with the
following minimum size requirements at
the time of installation (depending on the
standard measuring technique for the spe-
cies):
a. Large canopy and noncanopy trees
must have either:
(1) For deciduous trees a minimum
caliperof1.5inchestotwoinches;
or
§ 38.26.050UNIFIED DEVELOPMENT CODE
CD38:203PROOFS
(2) For evergreen trees a minimum
height of eight feet.
b. Small canopy and noncanopy trees
must have either:
(1) For deciduous trees a minimum
caliper of one inch; or
(2) For evergreen trees a minimum
height of six feet.
c. All other nonturf plantings shall meet
American Nursery and LandscapeAs-
sociation standards.
4. For purposes of subsection G.3 of this
section, height is measured from the top of
the root ball or, if the plant is in a container,
from the top soil level in the container.
H.Protection of landscape areas.
1. Perimeter parking lot treatment as required
in section 38.25.020.J shall be installed to
protect landscape areas adjacent to parking
lots.
2. Landscaped areas within parking lots (i.e.,
landscape islands or peninsulas) must be
protected from vehicular traffic through the
use of continuous concrete curbs, or other
permanent barriers approved by the city
engineer. Railroad ties, rolled asphalt, pin
down wheel stops or similar methods of
curbing are not acceptable methods of land-
scape protection within parking lots.
I.Irrigation standards.
1. Permanent irrigation systems shall be pro-
vided to all landscaped areas. The use of
hose bibs on the exterior of existing or
proposed structures is not an acceptable
method of landscape irrigation unless the
landscaped area is adjacent to the existing
or proposed structure.
2. All irrigation systems and landscaped areas
shall be designed, constructed, operated
and maintained so as to promote water
conservation and prevent water overflow or
seepage into the street, sidewalk or parking
areas.
J.Required use of trees.All landscape plans
must include, for each yard with a residential
adjacency, at least one of the performance standards
in section 38.26.060.B that requires the use of one
or more trees.
K.Coordination with utilities.In order to pre-
vent damage to both vegetation and public utility
lines, all trees and other large vegetation shall be
planted no closer than the minimum distance spec-
ified in the city design standards and specifications
policy.
L.Maximum allowable slope or grade.
1. The finish grade of all landscaped areas,
including, but not limited to, required yards,
parking lot landscape islands, open space
areas, plaza areas, watercourse corridors,
landscaped areas adjacent to sidewalks,
publictrialsorpathways,andanystormwater
facilities proposed in required yards, dedi-
cated park land, or open space areas shall
not exceed a slope of 25 percent grade (four
run to one rise).
2. The slope percent is computed by dividing
the vertical distance by the horizontal dis-
tance multiplied by 100. The degree of
slope is equal to the tangent of vertical
distance over horizontal distance (refer to
Figure 38.26.050 of Appendix A to this
chapter).
3. The planning director may vary the maxi-
mum allowable slope of 25 percent grade to
protect existing topographical or natural
features (i.e., watercourse, wetlands, ma-
ture vegetation) associated with a site. Al-
ternatives to exceeding the maximum al-
lowable slope of 25 percent may include
terracing, retaining walls, architectural ap-
purtenances, landscape features, or a com-
bination thereof that will achieve a greater
design quality and enhanced landscape fea-
tures.
§ 38.26.050 BOZEMAN MUNICIPAL CODE
CD38:204PROOFS
4. All landscaped areas to be finished in grass
that exceed a maximum allowable slope of
25 percent grade shall be installed as turf
sod, or hydro-seed. If hydro-seed is uti-
lized, additional erosion control fabric (i.e.,
matting or blanket), or equivalent thereof)
shall be provided to ensure a stable slope
for a minimum of one calendar year while
the vegetation becomes established.
(Ord. No. 1645, § 18.48.050, 8-15-2005; Ord. No.
1693, § 16(18.48.050), 2-20-2007)
Sec. 38.26.060. Landscape performance stan-
dards.
A. In addition to complying with the mandatory
landscape provisions in section 38.26.050, all land-
scape plans must earn a minimum number of points
as specified in this section. Points are awarded for
specified landscape features and elements based
upon their relative value or merit.
1. The minimum number of points needed for
landscape plan approval by zoning district
is as follows:
______________________________________________________________________________________
Table 38.26.060-1
Zoning District
Lot With
Residential Adjacency
(as defined in section
38.42.1770)
Lot Without
Residential Adjacency
All districts not listed below 23 15
B-1 18 15
B-3 ("core area" as defined in section
38.10.010.3.a)13 (0) 13 (0)
PUD site plans 23 15
Residential PUD non-site-specific open
space plans shall meet or exceed the stan-
dards of these landscaping regulations un-
less a specific relaxation has been granted
15 15
Commercial PUD non-site-specific open
space plans shall meet or exceed the stan-
dards of these landscaping regulations un-
less a specific relaxation has been granted
23 15
2. The points required under subsectionA.1 of
this section may be earned by enhancing
mandatory yard landscaping through a com-
bination of one or more of the methods
provided for in subsections B, C, and D of
this section. The landscaping required by
section 38.26.050, except subsection E of
said section for boulevard trees, may be
used to meet the requirements of this sec-
tion
B. Yard landscaping enhancement. When con-
sidering whether landscaping meets the require-
ments of this section, groupings must be placed in
such a fashion as to be related and mutually
§ 38.26.060UNIFIED DEVELOPMENT CODE
CD38:205PROOFS
supportive of design quality and be placed so as to
allow the healthy development of maturing vegeta-
tion.
1. Points may be earned for use of certain
vegetation types as follows:
a. Three points are awarded for the in-
stallation of 50 percent or greater of
the surface area of the yard with
drought tolerant species of herbaceous
perennials, and grasses accepting of
maintenance by annual mowing and
limited irrigation;
b. Three points are awarded for the in-
stallation of drought tolerant species
for greater than 50 percent and less
than 75 percent of the number of trees
and shrubs;
c. Five points are awarded for the instal-
lation of drought tolerant species for
75 percent or greater of the number of
trees and shrubs; and
d. One point shall be awarded for each
mature tree existing on-site over six
inches in caliper which is preserved
by the proposed design of the site
development. In order to utilize this
subsection, the tree must have remain-
ing life expectancy of at least 20 years
and be protected from damage during
construction. Caliper shall be mea-
sured at one foot above grade.
2. Five points per yard (up to 15 points
maximum) are awarded when the land-
scaped yard contains, for each 50 linear feet
of each landscaped yard, one or more of the
plant elements in both columns A and B in
the following Table 38.26.060-2:
Table 38.26.060-2
Column A Column B
1 large canopy tree 3 evergreen shrubs
and 3 deciduous
shrubs
Column A Column B
1 large noncanopy
tree
2 small ornamental
trees
2 small ornamental
trees
2 large evergreen
trees
6 evergreen shrubs
6 deciduous shrub
a. The required plant elements from col-
umns A and B in Table 38.26.060-2
may be arranged in any combination
meeting the quantity requirements of
this subsection B.
3. In the case of a lot with residential adja-
cency only, eight points are awarded for
providing vegetative screening in the land-
scaped yard with residential adjacency in
accordance with the following:
a. The screening must be of natural veg-
etation at least six feet in height;
b. The screening must extend along the
entire length of the portion of the
landscaped yard where a residential
adjacency exists, exclusive of:
(1) Public street frontage;
(2) Driveways and accessways at
points of ingress and egress to
the lot; and
(3) Street vision triangles;
c. However, no points are awarded for
screening required by section
38.26.050.Bunlesstherequiredscreen-
ing is constructed of earthen berm or
evergreen plant materials;
d. If screening is provided by an earthen
berm or evergreen plant materials, the
following additional regulations ap-
ply:
(1) An earthen berm must be planted
with groundcover. The earthen
berm may not have a slope that
exceeds one foot of rise for each
two feet of run and must be at
least four feet high, including
§ 38.26.060 BOZEMAN MUNICIPAL CODE
CD38:206PROOFS
plantingmaterials,subjecttofront
yard and street vision triangle
height limitations.
(2) Evergreen plant materials must:
(a) Be located in a bed that is
at least three feet wide;
(b) Be placed a maximum of
48 inches on center over
the entire length of the bed
unless an alternative plant-
ing density that a land-
scape architect certifies as
being capable of providing
a solid appearance within
three years is approved; and
(c) Provide a visual barrier of
the required height within
three years of their initial
planting;
4. Two points may be awarded when founda-
tion plantings obscuring not less than 70
percent of the building perimeter, exclusive
of entrys, are provided.
5. One point (up to five points maximum) is
awarded when the landscaped roof con-
tains, for each 500 square feet of land-
scaped roof, one or more of the plant
elements in both columns A and B of Table
38.26.060-2. In order to qualify, a land-
scaped roof shall meet all requirements of
this chapter including at least 75 percent
coverage with live vegetation and perma-
nent irrigation.
C. Nonvegetative special features.
1. Five points are awarded if the commercial
building is located on the site so that 50
percent or more of the street facade of the
building is within a distance of three feet or
less from the required front building line,
i.e., front yard setback line, as defined in
article 42 of this chapter;
2. Amaximum of eight points may be awarded
when a site is graded and/or terraced utiliz-
ing natural stone or prefabricated decora-
tive masonry retaining wall material as a
drystack or mortared wall. In order to
qualify for the points available in this
section the wall portion must:
a. Be five percent of the length of the
total perimeter of the lot or artificial
lot for each two points to be awarded;
b. Have a vertical face surface of at least
one foot along the length of the area to
be considered for subsection C.2.a of
this section;
c. Be integrated with other landscaping
materials and grading on the site; and
d. Be complementary to the overall grad-
ing of the site and the activities and
architecture contained on the site;
3. Up to a maximum of five points may be
awarded as follows;
a. One point is awarded for each stone
boulder not smaller than three feet in
diameter which is integrated with other
landscaping;
b. One point is awarded for each nine
cubic feet of original, freestanding,
permanent sculpture which is inte-
grated with other landscaping.
4. One point is awarded for each one percent
increment of lot area covered by publicly
accessible special pedestrian facilities and
features such as plazas, courtyards, covered
walkways, fountains, lakes, streams and
ponds, seating areas, and outdoor recreation
facilities, up to a maximum of five points.
D. Parking lot landscaping.
1. Ten points are awarded when all surface
parking lots, as defined in article 42 of this
chapter on the building site or artificial lot,
whichever is applicable, are landscaped in
§ 38.26.060UNIFIED DEVELOPMENT CODE
CD38:207PROOFS
accordance with this subsection D in addi-
tion to that landscaping required in section
38.26.050:
a. The parking lot must contain one of
the plant groups from subsection B.2
of this section at an average density of
one group, plus an additional one
large canopy tree within 20 feet of the
parking lot, for each required 16 park-
ing spaces; and
b. No required parking space may be
located more than 70 feet from the
trunk of a large canopy tree.
(Ord. No. 1645, § 18.48.060, 8-15-2005; Ord. No.
1693, § 16(18.48.060), 2-20-2007)
Sec. 38.26.070. Landscaping of public lands.
A.City rights-of-way and parks.
1.General.
a. Tree planting permits shall be ob-
tained from the forestry department
prior to installation of trees in city
rights-of-way or parks.
b. Drought tolerant grass seed shall be
planted in these areas.
2.External streets, open space, and parks.
The developer shall be responsible at the
time of initial development for installing
vegetative ground cover, boulevard trees
and an irrigation system in the public right-
of-way boulevard strips along all external
perimeter development streets and adjacent
to public parks or other open space areas.
a. Prior to installing landscaping in city
rights-of-way or parks, the developer
shall submit a landscaping plan to the
superintendent of public lands and
facilities for review and approval. The
landscaping plan shall be prepared by
a qualified landscaping professional
meeting the requirements of this arti-
cle. Tree planting permits shall be
obtained before any tree is placed on
public land.
b. Wells shall be used to irrigate land-
scaping in these areas.
3.Adjacent to individual lots.When individ-
ual parcels are developed, the individual
property owners shall be responsible for
installing landscaping and street trees within
the public right-of-way boulevard strips
adjacent to their property, and providing for
irrigation, in compliance with section
38.26.050.E.1.
B.Maintenance.
1. Maintenance of landscaping installed within
the boulevard portion of the public right-
of-way, with the exception of tree trimming
and tree removal, shall be the responsibility
of adjacent property owners.
2. Adeveloper shall be responsible for irrigat-
ing and maintaining landscaping along ex-
ternal streets and landscaping adjacent to
parks or other opens space areas until 50
percent of the lots are sold. Thereafter, the
property owners association shall be respon-
sible for maintaining and irrigating these
landscaped areas. The property owners as-
sociation may with the city's approval es-
tablish an improvement district to collect
assessments to pay for the irrigation and
maintenance.
3. The city shall accept responsibility for the
maintenance of all other required landscap-
ing installed in accordance with approved
site plans within the public right-of-way or
on other public lands.
C.State rights-of-way.Landscaping shall be in-
stalled along state rights-of-way, in the same man-
ner described in this section, provided that the state
department of transportation has reviewed and ap-
proved the proposed landscaping plan. Maintenance
of landscaping installed within the boulevard por-
tion of the public right-of-way shall be the respon-
§ 38.26.060 BOZEMAN MUNICIPAL CODE
CD38:208PROOFS
sibility of adjacent property owners unless a differ-
ent responsibility is established by the encroachment
permit.
(Ord. No. 1645, § 18.48.070, 8-15-2005; Ord. No.
1693, § 16(18.48.070), 2-20-2007)
Sec. 38.26.080. Deviation from landscaping re-
quirements.
A. To achieve the optimal landscape design on
individual sites, or to coordinate the landscape
design in an area, it may be necessary to deviate
from the strict application of landscaping require-
ments. An application for such deviation shall be
processed through the pertinent design review au-
thority and approved by the city commission.
B. The application for deviation shall be subject
to the submittal and procedural requirements of this
chapter, and shall be accompanied by written and
graphic material sufficient to illustrate the condi-
tions that the modified standards will produce, so as
to enable the city commission to determine that the
deviation will produce an environment, landscape
quality and character superior to that produced by
the existing standards, and will be consistent with
the intent and purpose of this article. Upon such a
finding, the city commission may authorize within
the neighborhood conservation and entryway corri-
dor overlay districts deviations of up to 20 percent
from landscape design standards contained herein.
(Ord. No. 1645, § 18.48.080, 8-15-2005; Ord. No.
1693, § 16(18.48.080), 2-20-2007)
Sec. 38.26.090. Landscaping completion.
All landscaping must be completed or secured in
accordance with the provisions of article 39 of this
chapter.
(Ord. No. 1645, § 18.48.090, 8-15-2005; Ord. No.
1693, § 16(18.48.090), 2-20-2007)
Sec. 38.26.100. General maintenance.
A. Required landscaping must be maintained in
a healthy, growing condition at all times. The
property owner is responsible for regular weeding,
mowing of grass, irrigating, fertilizing, pruning and
other maintenance of all plantings as needed. How-
ever, the city forestry department is responsible for
pruning or removing any tree in a city right-of-way
or park. Any plant that dies must be replaced with
another living plant that complies with the approved
landscape plan. Failure to maintain required land-
scaping in a healthy growing condition at all times
may result in revocation of an occupancy permit.
When enforcing this provision of this chapter,
external factors such as seasonality and availability
of landscape stock shall be considered before any
action to revoke an occupancy permit is taken.
B. Any damage to utility lines, resulting from
the negligence of the property owner or the owner's
agents or employees in the installation and mainte-
nance of required landscaping in a utility easement,
is the responsibility of the property owner. If a
public utility disturbs a landscaped area in a utility
easement, it shall make every reasonable effort to
preserve the landscaping materials and return them
to their prior locations after the utility work. If,
nonetheless, some plant materials die, it is the
obligation of the property owner to replace the plant
materials.
(Ord. No. 1645, § 18.48.100, 8-15-2005; Ord. No.
1693, § 16(18.48.100), 2-20-2007)
ARTICLE 27. PARK AND RECREATION
REQUIREMENTS*
Sec. 38.27.010. General.
Except as provided in section 38.27.020.B, all
subdivisions and residential developments subject
to article 19 of this chapter, shall comply with the
provisions of this article.
(Ord. No. 1645, § 18.50.010, 8-15-2005; Ord. No.
1693, § 17(18.50.010), 2-20-2007; Ord. No. 1709,
§ 13(18.50.010), 7-16-2007; Ord. No. 1769, exh.
I(18.50.010), 12-28-2009)
Sec. 38.27.020. Park area and open space re-
quirements.
A. The area required by this subsection shall be
provided. The required area or its equivalent may be
provided by any combination of land dedication,
*State law reference—Park dedication requirement,
MCA 76-3-621.
§ 38.27.020UNIFIED DEVELOPMENT CODE
CD38:209PROOFS
cash donation in-lieu of land dedication, or an
alternative authorized by section 38.27.100, subject
to the standards of this chapter.
1. When the net residential density of devel-
opment is known, 0.03 acre 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 dedica-
tion for that density above eight dwell-
ings per acre shall be met with a cash
donation in-lieu of the additional land
unless specifically determined other-
wise by the city commission.
b. These requirements are based on the
community need for parks and the
development densities identified in the
growth policy and this chapter.
c. Net residential density of develop-
ment is known when a plat or site plan
depicts a set number of lots and the
final number of residential units at full
buildout can be reasonably deter-
mined.
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 RMH zoning districts,
the maximum net residential den-
sity shall be ten dwellings per
acre.
(2) For development within the R-3,
R-4, and R-O zoning districts,
the maximum net residential den-
sity shall be 12 dwellings per
acre.
(3) For development within other
zoning districts not previously
specified and developed for res-
idential uses, the maximum net
residential density shall be 12
dwellings per acre; or
2. If net residential density of development is
unknown, 0.03 acres per dwelling of land
dedication or its equivalent shall be pro-
vided as follows:
a. For initial subdivision or other devel-
opment:
(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 zon-
ing 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 area dedication
for six dwellings per net acre
shall be provided as cash-in-lieu.
b. For subsequent development when net
residential density becomes known,
the net residential density per acre
shall be rounded to the nearest whole
number and applied as follows:
(1) For development within the R-1,
R-2, and R-MH zoning districts
the land area equivalent for the
additional net residential density
not to exceed a total, including
prior dedications, of ten dwell-
ings per acre shall be provided
as cash-in-lieu.
(2) For development within the R-3,
R-4, and R-O zoning districts
the land area equivalent for the
additional net residential density
not to exceed a total, including
§ 38.27.020 BOZEMAN MUNICIPAL CODE
CD38:210PROOFS
prior dedications, of 12 dwell-
ings per acre shall be provided
as cash-in-lieu.
(3) For development within other
zoning districts not previously
specified and developed for res-
idential uses for the additional
net residential density not to ex-
ceed a total, including prior ded-
ications, of 12 dwellings per acre
shall be provided as cash-in-lieu.
3. Applicability to site plans. Section
38.27.020.A.2, shall not apply to subse-
quent site plan development located within
major subdivisions which received prelim-
inary plat approval after July 1, 1973, and
which received final plat approval prior to
October 1, 2005.
4. Special case. The city has established chap-
ter 10, article 8, to encourage the provision
and development of affordable housing.
a. The minimum number of workforce
housing units required to comply with
chapter 10, article 8, are exempt from
the park land dedication requirements
of this article. Dwellings resulting
from the density bonus provisions of
section 10.08.070.1 are exempt from
the park land dedication requirements.
Workforce housing units in excess of
the minimum number shall provide
park land on the same basis as other
development.
b. The park land requirement for devel-
opment not otherwise exempted from
dedication requirements shall be re-
duced by a 1:1 ratio based on the
minimum required square footage of
the lot area necessary to provide min-
imum compliance with chapter 10,
article 8. For example, if 50,000 square
feet of lots for workforce housing
units are required then there shall be a
reduction in the required park land
area of 50,000 square feet.
(1) If the developer chooses to de-
velop more than the required
number or area of workforce
housing unit lots, the additional
lot area square footage above the
minimum required shall not fur-
ther reduce the park land area.
(2) The reduction of park land shall
be allowed for WHUs and/or
lots provided offsite of the re-
sponsible development but only
to the extent of the required
WHU lot area for the develop-
ment applying for this park land
offset and only applied on the
site of the development applying
for the park land offset.
c. The reductions in park land dedication
to conform to chapter 10, article 8,
may not reduce the development's
park land requirements below the min-
imum established by MCA 76-3-621.
B. Exceptions. Land dedication or cash donation
in-lieu of land dedication shall not be required for:
1. A minor subdivision.
2. Land proposed for subdivision into parcels
larger than five acres.
3. Subdivision into parcels which are all non-
residential.
4. A subdivision in which parcels are not
created, except when that subdivision pro-
vides permanent multiple spaces for recre-
ational camping vehicles or manufactured
homes.
5. A subdivision in which only one additional
parcel is being created.
6. An application reviewed under section
38.19.050.
§ 38.27.020UNIFIED DEVELOPMENT CODE
CD38:211PROOFS
C. Development on land initially exempted from
park dedication is required to provide park dedica-
tion 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 subdi-
vision or planned unit development review process,
is an amount of park land or its equivalent equal to
that required by section 38.27.020 for the proposed
number of dwelling units set aside within the
project boundaries, and configured for active recre-
ational use by the residents of the project; or has the
developer proposed to provide its equivalent as may
otherwise be allowed by this chapter.
E. Residential site plans open space require-
ment. Site plans containing five or more dwelling
units shall provide on-site open space for the use of
the residents. The area to be provided is calculated
only for those dwellings which do not have ground
floor access to a landscaped rear yard. Open space
shall be provided at a rate of 150 square feet per
dwelling unit for dwellings with two or more
bedrooms, and 100 square feet per dwelling unit for
studio and one bedroom dwellings. All landscaped
areas, public plazas or common green roof decks
shall be considered a "commons" and be accessible
to all residents of the site. The requirement may be
met through the use of any of the following options.
Options may be combined to satisfy the area re-
quirement.
1. Landscaped. The required area shall:
a. Be configured in areas of not less than
600 square feet in area; and
b. Have at least one minimum dimension
of 25 feet. Upon a showing that a
superior design will result, the city
may allow up to a 20 percent reduc-
tion in the minimum dimension so
long as the space does not exceed a
length to width ration of 1:3, and
c. Have a slope of ten percent or less;
and
d. Not have nonrecreational 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 shall be centralized within the
project with a clear pedestrian connec-
tion 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
2. Common plaza or common green roof deck.
Area provided through this means may be
used to meet the performance requirements
of article 26 of this chapter, Landscaping.
The required area shall:
a. Meet a minimum size of 225 square
feet; and
b. Have a minimum dimension of 15
feet. Upon a showing that a superior
design will result, the city may allow
up to a 20 percent reduction in the
minimum dimension so long as the
space does not exceed a length to
width ration of 1:3; and
c. Be fully surfaced with scored con-
crete, architectural pavers, or other
alternative high quality surfacing; and
d. Area must have a slope of two percent
or less;
e. Provide one of the following:
(1) Option 1, a minimum of two
benches and two permanent irri-
gated planters with a cumulative
area of not less than 40 square
feet;
(2) Option 2, two benches and a
shade structure that would cover
50 percent of the plaza area;
(3) Option 3, a fountain of at least
ten square feet with integrated
seating around fountain perime-
ter; or
§ 38.27.020 BOZEMAN MUNICIPAL CODE
CD38:212PROOFS
f. For green roof deck credit the area
shall include 25 percent of the surface
planted with rooftop landscaping (trays
or full depth soil);
3. Private patio or private green roof deck.
The required area shall:
a. Have a minimum dimension of eight
feet. Upon a showing that a superior
design will result, the city may allow
up to a 20 percent reduction in the
minimum dimension so long as the
space does not exceed a length to
width ration of 1:3; and
b. Be surrounded by minimum 18 inch
masonry screen wall;
c. Green roof deck shall include 25 per-
cent of the surface planted with roof-
top landscaping (trays or full depth
soil);
4. Private individual balconies shall have min-
imum dimensions of six feet by six feet.
(Ord. No. 1645, § 18.50.020, 8-15-2005; Ord. No.
1693, § 17(18.50.020), 2-20-2007; Ord. No. 1709,
§ 13(18.50.010), 7-16-2007; Ord. No. 1769, exh.
I(18.50.020), 12-28-2009)
Sec. 38.27.030. 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, to-
pography, shape, location or other circum-
stances; and
2. The expressed preference of the developer.
B. When a combination of land dedication and
cash donation in-lieu of land dedication is required,
the cash donation may not exceed the proportional
amount not covered by the land dedication.
C. Cash donation in-lieu of land dedication shall
be equal to the fair market value of the amount of
land that would have been dedicated. For the
purpose of these regulations, the fair market value is
the value of the unsubdivided, unimproved land
after it has been annexed and given an urban zoning
designation. The city intends to obtain the highest
value for cash-in-lieu of park land that is allowable
under state law.
1. It shall be the responsibility of the devel-
oper 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 devel-
oper.
2. When a land value must be established for
cash-in-lieu of land dedication to satisfy the
requirements of section 38.27.020, and the
value of the land in an unsubdivided, un-
improved, but annexed and zoned condition
can not reasonably be determined, the de-
veloper may provide an appraisal of resi-
dentially zoned property with a zoning
designation that allows the density of dwell-
ings proposed for development.
3. The appraisal provided for the purpose of
section 38.27.030 shall be conducted not
sooner than 90 days prior to the submittal
of an application for final plat or final site
plan approval.
D. Where a cash donation has been accepted
in-lieu of land dedication, the amount of cash
donation shall be stated on the final plat or plan as
appropriate.
E. Where a cash donation has been accepted
in-lieu of land dedication, the city commission shall
record in the meeting minutes why the dedication of
land for parks and playgrounds was undesirable.
F. Use of cash donations.
1. The city commission shall use a cash do-
nation for development or acquisition of
parks to serve the development.
§ 38.27.030UNIFIED DEVELOPMENT CODE
CD38:213PROOFS
2. The city commission may use the cash
donation to acquire or develop parks or
recreational areas within its jurisdiction or
for the purchase of public open space or
conservation easements, only if:
a. The park, recreational area, open space
or conservation easement is within a
reasonably close proximity to the pro-
posed 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.
(Ord. No. 1645, § 18.50.030, 8-15-2005; Ord. No.
1693, § 17(18.50.030), 2-20-2007; Ord. No. 1709,
§ 13(18.50.030), 7-16-2007; Ord. No. 1769, exh.
I(18.50.030), 12-28-2009)
Sec. 38.27.040. 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 deter-
mined by the city commission.
(Ord. No. 1645, § 18.50.040, 8-15-2005; Ord. No.
1693, § 17(18.50.040), 2-20-2007; Ord. No. 1709,
§ 13(18.50.040), 7-16-2007; Ord. No. 1769, exh.
I(18.50.040), 12-28-2009)
Sec. 38.27.050. Location.
A.General.The city commission or planning
director, in consultation with the developer, recre-
ation and parks advisory board, and the planning
board if applicable, may determine suitable loca-
tions 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 require-
ment 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.
(Ord. No. 1645, § 18.50.050, 8-15-2005; Ord. No.
1693, § 17(18.50.050), 2-20-2007; Ord. No. 1709,
§ 13(18.50.050), 7-16-2007; Ord. No. 1769, exh.
I(18.50.050), 12-28-2009)
Sec. 38.27.060. Frontage.
A. Park land, excluding linear trail corridors,
shall have frontage along 100 percent of its perim-
eter on public or private streets or roads. The city
may consider and approve the installation of streets
along less than 100 percent, but not less than 50
percent, of the perimeter when:
1. Necessary due to topography, the presence
of critical lands, or similar site constraints;
and
2. a. When direct pedestrian access is pro-
vided to the perimeters without street
frontage; and
b. When additional land area is provided
in the park to accommodate the off-
street parking which would have oth-
erwise been provided by the addi-
tional length of perimeter streets and
the additional land is developed as a
parking area; or
c. When additional land area is provided
in the park to accommodate the off-
street parking which would have been
provided by the additional length of
perimeter streets and, in lieu of the
constructed parking area, an equiva-
lent dollar value of nonparking im-
provements within the park are pro-
vided according to the individual park
plan.
(Ord. No. 1645, § 18.50.060, 8-15-2005; Ord. No.
1693, § 17(18.50.060), 2-20-2007; Ord. No. 1709,
§ 13(18.50.060), 7-16-2007; Ord. No. 1769, exh.
I(18.50.060), 12-28-2009)
Sec. 38.27.070. Linear parks.
A.General.If consistent with a growth policy or
citywide park plan, and if reviewed and approved
by the city commission, linear parks shall be
dedicated to the city to provide corridors for recre-
ation pathways as defined in section 38.27.110.
1. Pathway corridors within required water-
course setbacks shall not be dedicated to
the city as linear parks and such land may
§ 38.27.030 BOZEMAN MUNICIPAL CODE
CD38:214PROOFS
not be used to satisfy park land dedication
requirements. Instead, cash donation in-lieu
of land dedication credit shall be granted
only for the cost of constructing Class II or
III recreational trails if public access is
provided. The developer shall provide a
detailed cost estimate for installation of the
trail, for review and acceptance by the city,
to determine the cash donation credit.
a. Within required watercourse setbacks,
a public access easement that is at
least 25 feet in width shall be pro-
vided to ensure adequate room for the
construction, maintenance and use of
the trail.
B.Width.To ensure adequate room for pathway
construction, maintenance and use, linear parks
shall be at least 25 feet in width.
C.Maintenance.These areas shall be main-
tained in accordance with section 38.27.110.E until
an alternative method (e.g., a citywide parks main-
tenance district) of funding and maintaining the
linear park is established.
(Ord. No. 1645, § 18.50.070, 8-15-2005; Ord. No.
1693, § 17(18.50.070), 2-20-2007; Ord. No. 1709,
§ 13(18.50.070), 7-16-2007; Ord. No. 1769, exh.
I(18.50.070), 12-28-2009)
Sec. 38.27.080. Park development.
A.General.Developers shall consult any ad-
opted citywide park plan, and with the recreation
and parks advisory board which implements the
plan, to determine the types of parks needed for the
proposed development and surrounding area. Parks
shall be developed in accordance with the citywide
park plan and any approved park master plan. At a
minimum, all parks shall be improved to the fol-
lowing standards by the developer, prior to final
plat or final occupancy approval as appropriate:
1.Minimum required improvements land ded-
ications.The subdivider shall be responsi-
ble for leveling any park area, amending the
soil, seeding disturbed areas to allow mow-
ing with turf type mowers, and installing an
underground irrigation system in compli-
ance with city standards and specifications.
a. Parks shall be seeded with drought
tolerant grass seed unless approved
otherwise in writing by the park su-
perintendent.
2.Irrigation.The developer shall be respon-
sible for irrigating the park area until 50
percent of the subdivision lots or condomin-
ium units are sold. Thereafter, the property
owners association shall be responsible for
park irrigation. The property owners' asso-
ciation could establish an improvement dis-
trict to collect assessments to pay for irri-
gation.
a. Wells shall be used to irrigate park
land.
B.Boundaries.The park boundary bordering all
private lots shall be delineated at the common
private/public corner pins, with flat, flexible fiber-
glass posts, a minimum of six feet in length with no
less than two feet driven into the ground. Each post
must be labeled, with a permanent glue on sign,
stating "Park Boundary" or "Property Boundary."
Other forms of boundary marking may be approved
by the planning or other appropriate department.
C.Sidewalks.Sidewalks, when required within
the development, shall be installed by the developer
at points where the park borders or crosses public or
private streets.
D.Stormwater detention/retention ponds.
Stormwater retention or detention ponds may be
located within public park land, but such areas shall
not count towards the park land dedication require-
ment. 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 shall not be located
on private lots. Stormwater retention or detention
ponds shall be maintained by the property owners
association.
§ 38.27.080UNIFIED DEVELOPMENT CODE
CD38:215PROOFS
E.Clean up required.The park area must have
all fencing material, construction debris and other
trash removed.
(Ord. No. 1645, § 18.50.080, 8-15-2005; Ord. No.
1693, § 17(18.50.080), 2-20-2007; Ord. No. 1709,
§ 13(18.50.080), 7-16-2007; Ord. No. 1769, exh.
I(18.50.080), 12-28-2009)
Sec. 38.27.090. Waiverof park maintenance dis-
trict.
When required, the developer shall sign, and file
at the county clerk and recorder's office, a waiver of
right to protest the creation of park maintenance
district. The waiver shall be filed with the final
subdivision plat, or recorded at the time of other
final approval.
(Ord. No. 1645, § 18.50.090, 8-15-2005; Ord. No.
1693, § 17(18.50.090), 2-20-2007; Ord. No. 1709,
§ 13(18.50.090), 7-16-2007; Ord. No. 1769, exh.
I(18.50.090), 12-28-2009)
Sec. 38.27.100. Waiver of required park dedica-
tion.
A. The city commission shall waive the park
dedication or cash donation in-lieu of land dedica-
tion requirement if land equal to or exceeding the
area of the dedication otherwise required by this
article is set aside by one of the following means:
1. The proposed development provides long-
term protection of critical wildlife habitat;
cultural, historical, archaeological or natu-
ral resources; agricultural interests; or aes-
thetic values.
2. The proposed development provides for a
planned unit development or other develop-
ment with land permanently set aside for
park and recreational uses sufficient to
meet the needs of the persons who will
ultimately reside in the development.
3. The development is a land subdivision
created by rent or lease (i.e., manufactured
housing communities and recreational ve-
hicle parks) with land permanently set aside
for parks or playgrounds within the subdi-
vision for rent or lease for the common use
of the residents of the development.
a. These park or playground areas shall
be maintained by the property owners
association.
4. 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.
a. The land being developed shall be
within the service area, as designated
by an adopted citywide park plan, of
the dedicated park land; and
b. The developer must dedicate the off-
site park land to the city; or
c. The developer must execute the ap-
propriate public access easements on
privately-owned land. The easements
shall be held by the city. The city's
responsibilities for park land dedi-
cated by easement shall be the same
as for fee simple park land dedication.
5. The developer provides land outside the
development that affords long-term protec-
tion of critical wildlife habitat; cultural,
historical, archaeological or natural re-
sources; agricultural interests; or aesthetic
values; and the area of the land to be
subject to long-term protection equals or
exceeds the area of the dedication other-
wise required by this article.
6. A subdivider may dedicate land to School
District 7 to provide some or all of the land
area required by section 38.27.020. The
area dedicated to the school district may be
used for school facilities or buildings, in-
cluding but not limited to play grounds or
other recreational facility. Any dedication
to the school district shall be subject to the
§ 38.27.080 BOZEMAN MUNICIPAL CODE
CD38:216PROOFS
approval of the city commission and accep-
tance by the board of trustees of School
District 7.
a. In approving a dedication of land to
the school district the city commission
shall make affirmative findings that:
(1) Adequate public park land al-
ready exists within the vicinity
of the dedicating subdivision to
meet service standards estab-
lished by the city's parks master
plan;
(2) The land is located within the
city limits or within one mile of
city limits;
(3) The school district has estab-
lished a facility plan to demon-
strate how the dedicated prop-
erty will be utilized;
(4) The school district's facility plan
shall describe any coordination
intended for joint use of the
property by the school district
and the city; and
(5) The option for cash-in-lieu of
land described in section
38.27.030 shall not be used in
place of a land dedication to the
school district.
b. 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 to be used for park pur-
poses. The land shall be transferred to
the city from School District 7 with
clear title and in a condition meeting
the minimum development standards
for parks established in section
38.27.080.
7. 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 suffi-
cient park land dedication or cash donation
in-lieu of land dedication has been provided
from the area that has been previously
subdivided or developed to meet the require-
ments 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.
(Ord. No. 1645, § 18.50.100, 8-15-2005; Ord. No.
1693, § 17(18.50.100), 2-20-2007; Ord. No. 1709,
§ 13(18.50.100), 7-16-2007; Ord. No. 1769, exh.
I(18.50.100), 12-28-2009)
Sec. 38.27.110. Recreation pathways.
A.General.Developers shall install pathways in
accordance with this chapter, the growth policy, the
most recently adopted long-range transportation
plan, any adopted citywide park plan, and any
adopted individual park master plan, and shall
comply with City of Bozeman Design Specifica-
tions.
B.Pathway categories.The development review
committee (DRC) shall be responsible for determin-
ing whether a pathway is a transportation pathway
or a recreation pathway. For subdivision proposals,
this determination shall be made during the preap-
plication process.
1.Recreation pathways.The city commission
may require developers to install recreation
pathways, to provide recreational and phys-
ical fitness opportunities within the devel-
opment, as part of the required develop-
ment improvements. Recreation pathways
include the following facilities:
a. Pathways that do not connect major
residential, employment, educational
or service nodes;
b. Pathways that connect parks, but do
not connect major residential, employ-
ment, educational or service nodes;
c. Pathways that are not ADA accessible
due to topography;
d. Pathways located within parks; and
§ 38.27.110UNIFIED DEVELOPMENT CODE
CD38:217PROOFS
e. Class II and III trails.
2.Transportation pathways.For the definition
of transportation pathways, please see sec-
tion 38.24.110.
C.Related facilities.If pathways are proposed
or required, stream crossings and other similar
improvements, where necessary, shall be installed.
Bridge design and construction shall comply with
city specifications and standards, and shall be
submitted to the planning department for review
and approval. Any necessary permits for bridges
shall be obtained by the developer from the appro-
priate 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 con-
structed according to any adopted park or recreation
plan or other city specifications and standards.
Trails and bridges must meet Americans with Dis-
abilities Act (ADA) specifications for recreational
facilities and maintain a natural appearance. Trail
plans and specifications shall be submitted to the
planning department for review and approval prior
to installation.
E.Pathway maintenance.Recreation pathways
within the proposed development shall be main-
tained, in conformance with an approved mainte-
nance plan, by the developer until 50 percent of the
lots or condominium units are sold. Thereafter the
property owners association shall be responsible for
maintenance.The property owners association could
establish an improvement district to collect assess-
ments to pay for the maintenance.
F.Pathway easements.Where pathways cross
private land or common open space, the proper
public access easements shall be provided. Public
access easements for pathways shall be at least 25
feet wide.
G.Linear parks.Corridors for recreation path-
ways may be dedicated to the city in accordance
with section 38.27.070.
(Ord. No. 1645, § 18.50.110, 8-15-2005; Ord. No.
1693, § 17(18.50.110), 2-20-2007; Ord. No. 1709,
§ 13(18.50.110), 7-16-2007; Ord. No. 1769, exh.
I(18.50.110), 12-28-2009; Ord. No. 1796, § 7,
1-3-2011)
ARTICLE 28. SIGNS*
Sec. 38.28.010. Intent and purpose.
A. It is the intent and purpose of this article to
promote the health, safety and welfare of the
residents and visitors of the city by regulating and
controlling the size, location, type, quality of mate-
rials, height, maintenance and construction of all
signs and sign structures not located within a
building, or within a building and visible from the
exterior for the following reasons:
1. To preserve the Bozeman area's natural
scenic beauty and character as expressed in
adopted city plans and policies;
2. To contribute to inviting entrances into the
city by eliminating clutter associated, in
part, with the unrestricted proliferation of
signs, lights and stringed devices;
3. To encourage area beautification through
creative, interrelated design of signage, land-
scaping, buildings, access and parking that
enhances the community's built and natural
environment;
4. To give all businesses an equal opportunity
to have a sign that will help people find the
services they need;
5. 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 improp-
erly situated signs. The city commission
intends to provide a reasonable balance
between the right of an individual to iden-
tify their business and the right of the
public to be protected from the visual
discord that results from the unrestricted
proliferation of signs. Sections 38.16.070
*State law reference—Information signs, MCA 60-
5-501 et seq.
§ 38.27.110 BOZEMAN MUNICIPAL CODE
CD38:218PROOFS
and 38.17.080 establish certain exemptions,
and alternative procedures utilizing design
review. The deliberations and decisions of
the design review shall be directed to ac-
complish the intent and purpose of this
section. It is determined that the regulations
contained herein are the minimum neces-
sary to further the interests of this chapter;
and
6. To protect the public health and safety by
minimizing distractions to the traveling pub-
lic.
(Ord. No. 1645, § 18.52.010, 8-15-2005; Ord. No.
1693, § 18(18.52.010), 2-20-2007; Ord. No. 1761,
exh. J(18.52.010), 7-6-2009; Ord. No. 1769, exh.
J(18.52.010), 12-28-2009)
Sec. 38.28.020. Sign permit requirements.
If a sign requiring a permit under the provision of
this article is to be placed, constructed, erected or
modified on a zone lot, the owner of the lot shall
secure a sign and building permit prior to the
construction, placement, erection or modification of
such a sign. Furthermore, the property owner shall
maintain in force, at all times, a permit for such
sign. No permit of any kind shall be issued for an
existing sign or proposed sign unless such sign is
consistent with the requirements of this article.
(Ord. No. 1645, § 18.52.020, 8-15-2005; Ord. No.
1693, § 18(18.52.020), 2-20-2007; Ord. No. 1761,
exh. J(18.52.020), 7-6-2009; Ord. No. 1769, exh.
J(18.52.020), 12-28-2009)
Sec. 38.28.030. Prohibited signs.
A. All signs not expressly permitted under this
article, or exempt from regulation, are prohibited in
the city. Such signs include, but are not limited to:
1. Portable signs (except as allowed under
chapter 34, article V);
2. Roof signs;
3. Revolving signs, except as permitted in
section 38.28.060;
4. Beacons, spotlights;
5. Flashing, blinking, or animated signs, or
LED or other electronic messaging signs
except for incidental signs as defined in
article 42 of this chapter;
6. Pennants, streamers, wind socks, pinwheels,
or similar items;
7. Stringed flags;
8. Inflatable signs and tethered balloons (ex-
cept as permitted per section 38.28.040);
9. Signs located in public rights-of-way (ex-
cept for those specifically permitted in this
article; and
10. Signs that resemble an official traffic sign
or signal, and signs that resemble traffic
signs because they predominately display
the words "STOP," "GO SLOW," "CAU-
TION," "DANGER," "WARNING," or sim-
ilar words that are commonly used by
agencies of government and construction
contractors to draw attention to traffic or
roadway hazards.
(Ord. No. 1645, § 18.52.030, 8-15-2005; Ord. No.
1693, § 18(18.52.030), 2-20-2007; Ord. No. 1761,
exh. J(18.52.030), 7-6-2009; Ord. No. 1769, exh.
J(18.52.030), 12-28-2009; Ord. No. 1780,
§ 1(18.52.030), 3-22-2010)
Sec. 38.28.040. Permitted temporary and spe-
cial event signs.
A. Temporary and special event signs, such as
banners, tethered balloons and inflatable signs, but
excluding those subject to section 38.28.050, shall
be allowed only as follows:
1. Special event signs are permitted in the
zones described in section 38.28.060.A.1
and 2.
2. Applicants for temporary signs shall apply
for, and have approved, a temporary sign
permit
3. All temporary signs shall comply with size,
height, and location requirements of this
article.
§ 38.28.040UNIFIED DEVELOPMENT CODE
CD38:219PROOFS
4. For special commercial events, temporary
signs shall be displayed for a consecutive
period not to exceed 15 days, for a maxi-
mum of 30 days per calendar year, from
January 1 to December 31. There shall be a
period of at least seven days between each
15-day display period.
5. Temporary signs which identify a new busi-
ness may be may be displayed for a period
not to exceed 60 days, additional temporary
signs shall not be allowed until the next
calendar year. Only one temporary sign
identifying a new business shall be permit-
ted for the life of the business.Asubsequent
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.
6. Temporary signs that identify a new busi-
ness may be displayed until the business
erects a permanent sign, only if the business
is in the process of obtaining a permanent
sign, or 60 days, whichever comes first. If
the business has previously had a tempo-
rary sign in the same location, the business
will be allowed a maximum of an addi-
tional 30 more days of temporary signage.
7. 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 seven days.
8. Temporary signs that are seasonal in nature,
such as garden greenhouses, boat show-
rooms, or ski rental, may apply for a long
term temporary sign which may be ap-
proved for a period not to exceed 180 days.
9. Businesses may promote events in the com-
munity, such as the county fair or Sweet
Pea, by applying for and receiving a tem-
porary sign permit for their location. When
notice of the event and nonsponsorship
related information occupies more than 75
percent of the banner area, such a tempo-
rary sign will not count in their temporary
and special event signage limit of 30 days a
year.
(Ord. No. 1645, § 18.52.040, 8-15-2005; Ord. No.
1693, § 18(18.52.040), 2-20-2007; Ord. No. 1761,
exh. J(18.52.040), 7-6-2009; Ord. No. 1769, exh.
J(18.52.040), 12-28-2009)
Sec. 38.28.050. Signs exempt from permit re-
quirements.
A. The following signs shall be exempt from the
permitting requirement but must comply with the
criteria for signs allowed by this article, except
section 38.28.060:
1.Residential zones (R-S, R-1, R-2, R-3, R-4,
RMH).
a. Temporary, nonilluminated signs, e.g.
real estate sale, political campaign
and other noncommercial speech signs
that do not exceed nine square feet in
total area and, if freestanding, five
feet in height. No more than one such
sign per street frontage.
b. Businesses working at a residentially
zoned lot, such as landscapers or win-
dow 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
nine square feet in total area and, if
freestanding 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 con-
sideredoff-premisesadvertisingsolong
as the identified business is actively
engaged on the site.
2.Commercial and manufacturing zones (R-O,
B-1, B-2, B-3, UMU, M-1, M-2, BP, PLI,
HMU).
a. Window signs painted on the window
or physically affixed to the interior of
§ 38.28.040 BOZEMAN MUNICIPAL CODE
CD38:220PROOFS
a window, provided that such signs do
not occupy more than 25 percent of
the area of the window in which it is
displayed. If it exceeds 25 percent of
the area of the window, it will be
classified as a wall sign.
b. Signs within a structure or building or
other enclosed area of property when
such signs are not legible when viewed
from outside the structure or property.
c. Temporary nonilluminated signs, e.g.,
real estate sale, for rent or lease,
political campaign, noncommercial
speechsignsshallnotexceed32square
feet in size, shall be no more than five
feet high and shall be at least five feet
from the property line. Only one sign
of each subject per street frontage per
lot is allowed.
d. Atemporary, nonilluminated sign iden-
tifying the businesses working at a
construction site may be posted. The
signs for multiple businesses shall be
aggregated among all those working
on the site and in total shall not
exceed 32 square feet in size, shall be
no more than five feet high and shall
be at least five feet from the property
line. All parties to the development,
including, but not limited to, banks,
architects, contractors, developers, fu-
ture 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-premises advertising so long as
the identified business is actively en-
gaged on the site.
e. Not more than four on-premises direc-
tional signs not exceeding four square
feet in area and five feet in height
which shall not contain any commer-
cial messages.
3.All zones.
a.Government and public utility signs.
Directional,warning,street,trafficcon-
trol, informational or temporary spe-
cial event signs that are erected, in-
stalled or placed by or on behalf of
any federal, state, county or city gov-
ernment. Public utility signs showing
locations of underground facilities or
public telephones, and safety signs on
construction sites, are included within
this exemption.
b.Incidental signs.A sign, generally in-
formational, that has a purpose sec-
ondary to the use of the zone lot on
which it is located, such as "no park-
ing," "entrance," "loading only," and
other similar directives. No sign with
a commercial message, which is de-
signed with the intent to be legible
from a position off the zone lot on
which the sign is located, shall be
considered incidental.
(Ord. No. 1645, § 18.52.050, 8-15-2005; Ord. No.
1693, § 18(18.52.050), 2-20-2007; Ord. No. 1761,
exh. J(18.52.050), 7-6-2009; Ord. No. 1769, exh.
J(18.52.050), 12-28-2009)
Sec. 38.28.060. Signs permitted upon the issu-
ance of a sign permit.
A. The following on-premises signs are permit-
ted in the indicated zones subject to a sign permit:
1.Commercial,manufacturing,andpublicland
zones (B-2, B-3, UMU, M-1, M-2, BP, PLI,
NEHMU).A lot in a B-2 district is permit-
ted total signage not to exceed 400 square
feet. The maximum allowable total signage
in the other districts listed herein shall not
exceed 250 square feet per lot. A compre-
hensive sign plan is required for all com-
mercial centers consisting of two or more
tenant spaces on a lot and shall be designed
in accordance with section 38.28.080.
a.Freestanding signs.One freestanding
sign is permitted per zoned lot. The
§ 38.28.060UNIFIED DEVELOPMENT CODE
CD38:221PROOFS
maximum area for a freestanding sign
shall be 32 square feet. A low profile
freestanding sign shall be set back a
minimum of five feet with a maxi-
mum height of five feet. A pole-style
freestanding sign shall be set back a
minimum of 15 feet with a maximum
height of 13 feet. The pole-style sign
will maintain at least an 8-foot mini-
mum vertical clearance from the
ground.
b.Wall signs.Wall signs are not to
exceed a total signage allowance of
1.5 square feet per linear foot of
building frontage minus any area de-
voted 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 per-
mitted an additional 35 percent of the
already permitted wall sign area for
each subsequent building frontage.
c.Projecting signs.One projecting sign
per tenant. Projecting signs shall not
exceed eight square feet in area nor
extend more than four feet from the
building. In the B-3 district, project-
ing signs shall not exceed 12 square
feet in area nor extend more than six
feet from the building. Projecting signs
shall provide a minimum sidewalk
clearance of eight feet.
(1) In the B-2, B-3, HMI, and UMU
districts a projecting sign may
include, either as part of a larger
sign or as the entire sign, a
revolving sign with not more
than 2.5 square feet of sign area.
A rotating sign located within
the building does not need to
provide the minimum sidewalk
clearance height. A rotating sign
shallnotexceedarotationalspeed
of one full rotation in two sec-
onds. Signs exceeding this limit
shall be classified as a flashing
sign.
2.Business and office zones (B-1, R-O).The
maximum allowable total signage for a lot
with one building shall not exceed 80
squarefeetinaB-1districtornonresidentially
planned R-O district, the maximum allow-
able total signage for a lot with two or more
buildings shall not exceed 160 square feet
in a B-1 district or nonresidentially planned
R-O district and 32 square feet in a residen-
tial 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 de-
signed in accordance with this section.
a.Low profile freestanding signs.One
low profile sign not to exceed 32
square feet in area in the B-1 district,
and 12 square feet in area in the R-O
district. In both the B-1 and the R-O
districts, the low profile sign shall
have a minimum setback of five feet
and a maximum height of five feet.
Pole-style freestanding signs are not
permitted in the B-1 and R-O zones.
b.Wall signs.Wall signs in the B-1
district are not to exceed a total signage
allowance of one square foot per lin-
ear foot of building frontage minus
any area devoted to freestanding or
projecting signs. Wall signs in the
R-O district are not to exceed a total
signage allowance of 0.5 of a square
foot per linear foot of building front-
age minus any area devoted to free-
standing and/or projecting signs. Can-
opy, 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
§ 38.28.060 BOZEMAN MUNICIPAL CODE
CD38:222PROOFS
additional 35 percent of the already
permitted wall sign area for each sub-
sequent building frontage.
c.Projecting signs.One projecting sign
per tenant. Projecting signs shall not
exceed eight square feet in area nor
extend more than four feet from the
building. Projecting signs shall pro-
vide a minimum sidewalk clearance
of eight feet.
(1) In the B-1 district a projecting
sign may include, either as part
of a larger sign or as the entire
sign, a revolving sign with not
more than 2.5 square feet of sign
area. A rotating sign located
within the building does not need
to provide the minimum side-
walk clearance height.Arotating
sign shall not exceed a rotational
speed of one full rotation in two
seconds. Signs exceeding this
limit shall be classified as a
flashing sign.
d.Subdivision identification signs.For
residential subdivisions consisting of
more than four residential units, one
low profile, freestanding, neighbor-
hood identification sign per develop-
ment entrance is allowed. Each sign
shall not exceed 16 square feet in area
or five feet in height from the finished
grade. The sign must be setback at
least five feet from the property line.
e.Residentialbuildingidentificationsigns.
For properties used for multihousehold
residential buildings, one residential
identification wall sign per street front-
age. Each sign shall not exceed eight
square feet in area.
3.Residential zones (R-S, R-1, R-2, R-3, R-4,
RMH).
a.Subdivision identification signs.For
residential subdivisions consisting of
more than four residential units, one
low profile, freestanding, neighbor-
hood identification sign per develop-
ment entrance is allowed. Each sign
shall not exceed 16 square feet in area
or five feet in height from the finished
grade. The sign must be setback at
least five feet from the property line.
b.Residentialbuildingidentificationsigns.
For properties used for multihousehold
residential buildings, one residential
identification wall sign per street front-
age. Each sign shall not exceed eight
square feet in area.
c.Signs appurtenant to residential prin-
cipal and conditional uses and home
occupations.
(1) Principal residential uses and
home occupations shall be per-
mitted commercial message
signage not to exceed four square
feet in area and shall not be
located in any required setback
area. In addition, home occupa-
tionsshallbepermittedonesquare
foot signs on a mailbox or lamp-
post or 1.5 square feet of free-
standing signage located a min-
imum of five feet from the
property line.
(2) Principal residential uses shall
be permitted noncommercial
speech signs which do not ex-
ceed 30 square feet in area nor
five feet in height. Such sign
must be setback at least 15 feet
from the property line.
(3) Conditional nonresidential type
uses, such as churches, veteri-
nary uses, golf courses, day care
centers and schools shall be per-
mitted signage as if the underly-
ing zoning were B-1. Condi-
tional residential type uses such
as bed and breakfast homes, and
§ 38.28.060UNIFIED DEVELOPMENT CODE
CD38:223PROOFS
fraternity and sorority houses,
shall be permitted signage as if
the underlying zoning were R-O.
Such signs may only be illumi-
nated during the hours of opera-
tion.
d.Planned unit developments.Commer-
cial establishments within planned unit
developments where the underlying
zoning is residential shall be permit-
ted signage as if the lot were in a B-1
zone.
3.Special districts and zones.The guidelines
for the underlying zoning districts apply
unless otherwise addressed below:
a.Neighborhood conservation overlay
district.Within this district, all signage
is subject to issuance of a certificate
of appropriateness after review for
compliance with the design guidelines
fortheneighborhoodconservationover-
lay 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 commis-
sion.
b.Entryway overlay district.Within this
district, all signage is subject to issu-
ance of a certificate of appropriate-
ness after review for compliance with
the design objectives plan for entry-
way corridors. If the applicant is not
requesting sign deviations, the sign
application will be reviewed by ADR
staff. Signage may exceed the under-
lying zoning district limitations by up
to 20 percent upon review and ap-
proval of a deviation by the city com-
mission, upon the recommendation of
the design review board, and upon
receipt of a certificate of appropriate-
ness.
c.Interchange zone.Signage may ex-
ceed the maximum total sign area
permitted by section 38.28.060 by up
to 25 percent upon review and ap-
proval of a deviation by the city com-
mission, upon the recommendation of
the appropriate design review advi-
sory body, and upon receipt of a
certificate of appropriateness. Each
lot shall be permitted one freestanding
sign.
(1)Low profile signs.One low pro-
file sign per zoned lot. The max-
imum area for a low profile sign
shall be 40 square feet. The sign
shall be setback a minimum of
five feet with a maximum height
of eight feet.
(2)Pole-stylesigns.Apole-stylefree-
standing sign shall be set back a
minimum of 15 feet and will
maintain at least an eight-foot
minimumverticalclearance.Pole-
style signs shall not exceed a
total area of 40 square feet or 16
feet in height, provided how-
ever, that for every two feet said
sign is set back from 15 feet
beyond the street right-of-way,
the height measured at grade
may be increased one foot, not
to exceed a total of 32 feet, and
the area may be increased by 2.5
square feet for every two feet
that said sign is set back 15 feet
beyond the street right-of-way
up to a maximum of 120 square
feet.
d.Main Street historic district.Permits
for signs that encroach into the public
right-of-way shall be obtained from
the city manager's office in city hall.
(Ord. No. 1645, § 18.52.060, 8-15-2005; Ord. No.
1693, § 18(18.52.060), 2-20-2007; Ord. No. 1761,
exh. J(18.52.060), 7-6-2009; Ord. No. 1769, exh.
J(18.52.060), 12-28-2009; Ord. No. § 2(18.52.060),
3-22-2010)
§ 38.28.060 BOZEMAN MUNICIPAL CODE
CD38:224PROOFS
Sec. 38.28.070. Wayfinding signage.
A. Purpose. Wayfinding signs shall serve to
assist travelers in navigating the larger community
and identifying defined districts. Wayfinding signs
or kiosks are not intended to serve as off-premises
advertising for individual entities.
B. Defined districts. To qualify as a district an
area must have a significant commonality of pur-
pose, 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 article
and the city's other adopted regulations, policies
and plans. Approval of district designation is the
duty of the planning director who shall make
written findings of the decision.
C. Wayfinding signage is intended to add to the
district's "sense of place" and may include district
identification signs, directory signs to designate
shared or common spaces such as parking facilities,
parks, trails and open space. It may also include
pedestrian-scale informational kiosks to announce
district events and/or to list a directory that corre-
sponds with a map presented in the kiosk. Wayfind-
ing signs shall not advertise specific businesses or
otherwise constitute off-premises signs. Wayfinding
signage is permitted within districts only after
approval of a comprehensive signage plan for the
wayfinding signs.
D. Submittal of a comprehensive signage plan
for wayfinding must be made by a single individual
or entity legally authorized to represent the area
within the plan and with the consent of relevant
governing authority. In addition to the requirements
of section 38.28.180, a comprehensive signage plan
for wayfinding must:
1. Include a description of the installation and
maintenance program for the signs includ-
ing, but not limited to, who is responsible
for installation and maintenance, identified
reliable funding for installation and main-
tenance, contact plan for the responsible
individual, and a description of how the
sign program will be kept updated or re-
moved. If the signs are to be illuminated a
description of how the power source may
be removed and made safe shall be in-
cluded.
2. Demonstrate how it will enhance the
streetscape by promoting a unified and
enhanced visual aesthetic consistent with
the streetscape design elements in the dis-
trict; coordinate information to pedestrians
and drivers in a clear, consistent, and un-
derstandable format; and reduce visual clut-
ter.
3. Include information on how the district
stakeholders were given opportunity to col-
laboratively 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 right-of-way shall comply
with the lettering standards of the Manual
for Uniform Traffic Control Devices for the
road type and speed.
5. The wayfinding signage plan shall include
signage elevations and plans with corre-
sponding map designating signs types and
locations.
E. Design standards. The wayfinding signs shall
include and meet the following standards and pro-
visions:
1. Color schemes, fonts and materials. Coor-
dinated color schemes, fonts and materials,
including base supports, cabinet details and
mounting methods, shall serve to distin-
guish wayfinding signage within the district
from other districts.
2. Lighting. Lighting is not required. If any
lighting is proposed, the wayfinding signage
plan shall include cut-sheets and lighting
details in accordance with the standards
established in section 38.23.150.
a. Photovoltaic panels to provide power,
where appropriate, are encouraged.
§ 38.28.070UNIFIED DEVELOPMENT CODE
CD38:225PROOFS
3. Size and location. Signage may be located
within required setbacks and may be lo-
cated within the right-of-way, with ap-
proval from the applicable review agencies
including the city and/or the state depart-
ment 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 interfer-
ence with travel.
4. Wayfinding signs shall comply with the
following standards:
a. Wayfinding signs that are affixed to a
lightpost, traffic post or sign within
the right-of-way shall not exceed four
square feet in area and are limited to
one sign per block face (or equiva-
lent).
b. Anysignsintendedtobelocatedwithin
the right-of-way shall comply with the
construction standards of the Manual
for Uniform Traffic Control Devices.
c. Freestandingwayfindingkiosksorsigns
are limited to one sign per two blocks
(or equivalent), shall not exceed 30
square feet in area per face and shall
not exceed seven feet in height.
d. Wayfinding signage may be located
within the street-vision triangle at in-
tersections controlled by a traffic light.
e. Decorative features including but not
limited to post caps may extend an
additional two feet for a total of nine
feet in height.
f. Photovoltaic panels are exempt from
the height requirement.
g. Business names, logos, or other marks
identifying specific parties on a direc-
tory list or map in a kiosk shall not
exceed one inch in height.
h. Wayfinding signage may not interfere
with the clear passage of pedestrians
or vehicles or otherwise cause safety
hazards.
i. Wayfinding signs shall not obscure or
obstruct any existing regulatory, warn-
ing, or parking control signs.
5. Wayfinding signs are allowed for parks, or
for districts containing more than 30 acres
of platted lots.
6. Aperformance bond or other surety accept-
able to the city may be required for the
maintenance, replacement, updating, and/or
removal of signs in an amount acceptable to
the planning director.
(Ord. No. 1769, exh. J(18.52.065), 12-28-2009)
Sec. 38.28.080. Comprehensive sign plan.
A. A comprehensive sign plan shall be submit-
ted for all commercial, office, industrial and civic
uses consisting of two or more tenant or occupant
spaces on a lot or two or more lots subject to a
common development permit or plan. A compre-
hensive sign plan shall not be approved unless it is
consistent with this article, the underlying zoning
regulations applicable to the property and any
discretionary development permit or plan for the
property. The plan should include the size and
location of buildings and the size and location of
existing and proposed signs. The purpose of the
plan is to coordinate graphics and signs with build-
ing design. The coordination shall be achieved by:
1. 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 integrat-
ing techniques, such as common color ele-
ments, determined appropriate by the plan-
ning director.
§ 38.28.070 BOZEMAN MUNICIPAL CODE
CD38:226PROOFS
2. Using the same form of illumination for all
signs, or by using varied forms of illumi-
nations determined compatible by the plan-
ning director.
(Ord. No. 1645, § 18.52.070, 8-15-2005; Ord. No.
1693, § 18(18.52.070), 2-20-2007; Ord. No. 1761,
exh. J(18.52.070), 7-6-2009; Ord. No. 1769, exh.
J(18.52.070), 12-28-2009)
Sec. 38.28.090. Multitenant complexes with less
than 100,000 square feet of
ground floor area.
A. The guidelines for the underlying zoning
districts apply unless otherwise addressed in this
section:
1. The maximum permitted wall sign area
allowed for each tenant space shall be the
percentage of the total floor area on the
zoned lot that the tenant occupies multi-
plied by the wall area allowed by section
38.28.060.1.b or 2.b. If the lot has more
than one building frontage, the individual
tenant space may derive sign area only
from the frontage which the space faces.
Lots under this section shall be allowed a
low profile sign that identifies the complex,
which otherwise conforms to this article, in
addition to the sign area already permitted
under section 38.28.060.A.1.b or 2.b.
(Ord. No. 1645, § 18.52.080, 8-15-2005; Ord. No.
1693, § 18(18.52.080), 2-20-2007; Ord. No. 1761,
exh. J(18.52.080), 7-6-2009; Ord. No. 1769, exh.
J(18.52.080), 12-28-2009)
Sec. 38.28.100. Multitenantcomplexeswithmore
than 100,000 square feet of
ground floor area.
A. The guidelines for the underlying zoning
districts apply unless otherwise addressed in this
section:
1.Freestanding signs.
a.Pole-style signs.One pole-style sign
per street frontage not to exceed 48
square feet in area or 16 feet in height.
The sign area computed for a pole-
style sign shall not be subtracted from
the maximum allowable wall signage
permitted for the entire complex.
b.Low profile signs.One low profile
sign shall be permitted at each second-
ary entrance of the complex, provided
each sign shall not exceed 32 square
feet in area, not five feet in height, and
must be setback a minimum of five
feet from the property lines. All low
profile signs shall only identify the
complex and must display the street
number address in figures which are
at least six inches high. Low profile
signs complying with these regula-
tions will not be factored when calcu-
lating the maximum permitted wall
sign area.
2.Wall signs.Each tenant shall be permitted
wall signage square footage calculated from
1.5 times the linear store frontage. For the
maximum allowable total signage, please
see section 38.28.060.1 or 2.
(Ord. No. 1645, § 18.52.090, 8-15-2005; Ord. No.
1693, § 18(18.52.090), 2-20-2007; Ord. No. 1761,
exh. J(18.52.090), 7-6-2009; Ord. No. 1769, exh.
J(18.52.090), 12-28-2009)
Sec. 38.28.110. Indoor shopping mall complexes
with more than 100,000 square
feet of ground floor area.
A. The guidelines for the underlying zoning
districts apply unless otherwise addressed in this
section:
1.Freestanding signs.
a.Pole-style signs.One pole-style sign
per street frontage not to exceed 48
square feet in area or 16 feet in height.
The sign area computed for a pole-
style sign shall not be subtracted from
the maximum allowable wall signage
permitted for the entire complex.
§ 38.28.110UNIFIED DEVELOPMENT CODE
CD38:227PROOFS
b.Low profile signs.One low profile
sign shall be permitted at each second-
ary entrance of the complex, provided
each sign shall not exceed 32 square
feet in area, nor five feet in height,
and must be set back a minimum of
five feet from the property lines. All
low profile signs shall only identify
the complex and must display the
street number address in figures which
are at least six inches high. Low
profile signs complying with these
regulations will not be factored when
calculating the maximum permitted
wall sign area.
2.Wall signs.Each anchor tenant occupying
20,000 square feet or more shall be permit-
ted 300 square feet of wall signage. Each
tenant with an exclusive outdoor customer
entrance shall be permitted wall signage
square footage calculated from five percent
of the ground floor area.
(Ord. No. 1645, § 18.52.100, 8-15-2005; Ord. No.
1693, § 18(18.52.100), 2-20-2007; Ord. No. 1761,
exh. J(18.52.100), 7-6-2009; Ord. No. 1769, exh.
J(18.52.100), 12-28-2009)
Sec. 38.28.120. Illumination.
A. Illumination, if any, shall be provided by
artificial light which is constant in intensity and
color. Internally illuminated "can signs" are accept-
able provided background and copy are coordinated
to avoid excessive light output. Neon and other gas
type transformers shall be limited to 60 milliam-
peres and fluorescent transformers shall be limited
to 800 milliamperes to soften light output. The
output of lumens from lighting provided by other
types of light emitters shall not exceed that possible
from gas type transformers as regulated in this
subsection A. 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.
(Ord. No. 1645, § 18.52.110, 8-15-2005; Ord. No.
1693, § 18(18.52.110), 2-20-2007; Ord. No. 1761,
exh. J(18.52.110), 7-6-2009; Ord. No. 1769, exh.
J(18.52.110), 12-28-2009)
Sec. 38.28.130. Street vision triangles.
Signs shall not be placed in sight vision triangles
as they are established in section 38.24.100, unless
specifically authorized in this article.
(Ord. No. 1645, § 18.52.120, 8-15-2005; Ord. No.
1693, § 18(18.52.120), 2-20-2007; Ord. No. 1761,
exh. J(18.52.120), 7-6-2009; Ord. No. 1769, exh.
J(18.52.120), 12-28-2009)
Sec. 38.28.140. Required address signs.
Street numbers shall be required for all residen-
tial, 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 six-inch numbers.
(Ord. No. 1645, § 18.52.130, 8-15-2005; Ord. No.
1693, § 18(18.52.130), 2-20-2007; Ord. No. 1761,
exh. J(18.52.130), 7-6-2009; Ord. No. 1769, exh.
J(18.52.130), 12-28-2009)
Sec. 38.28.150. Billboards and other off-prem-
ises advertising.
A. Off-premises commercial advertising signs
are not permitted within the city limits except as
permitted by state or federal law.
1.Exception:Off-premisessignsmaybeplaced
on the interior of transit shelters reviewed
and approved by the city and served by an
active fixed route transit service. Signage
within a transit shelter shall not distract
drivers of vehicles nor be legible from the
driving lanes.
(Ord. No. 1645, § 18.52.140, 8-15-2005; Ord. No.
1693, § 18(18.52.140), 2-20-2007; Ord. No. 1761,
exh. J(18.52.140), 7-6-2009; Ord. No. 1769, exh.
J(18.52.140), 12-28-2009)
§ 38.28.110 BOZEMAN MUNICIPAL CODE
CD38:228PROOFS
Sec. 38.28.160. Signs erected in conjunction with
nonprofit activities on public
property.
A. Signs erected on public property in support of
nonprofit activities, such as signs advertising spon-
sors of youth and sports activities, shall be allowed
only as follows:
1. The sign shall be permitted only at devel-
oped facilities in public parks or other
publicly owned lands.
2. The sign 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
were erected.
3. 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
five feet. Signs attached to walls or score-
boards shall not be subject to the five 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.
4. The sign shall not:
a. Be individually illuminated; nor
b. Be placed in sight vision triangles or
otherwise impede or obstruct the view
of the traveling public.
5. Applicants for such sign must apply for,
and have approved, a special temporary
sign permit detailing the nature of the sign
to be erected and the duration the sign will
remain in place. Applications and review
procedures shall be made as per section
38.28.180.
(Ord. No. 1645, § 18.52.150, 8-15-2005; Ord. No.
1693, § 18(18.52.150), 2-20-2007; Ord. No. 1761,
exh. J(18.52.150), 7-6-2009; Ord. No. 1769, exh.
J(18.52.150), 12-28-2009)
Sec. 38.28.170. Historic or culturally significant
signs.
Signs which have historical or cultural signifi-
cance to the city but do not conform to the provi-
sions of this article, 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.
(Ord. No. 1645, § 18.52.160, 8-15-2005; Ord. No.
1693, § 18(18.52.160), 2-20-2007; Ord. No. 1761,
exh. J(18.52.160), 7-6-2009; Ord. No. 1769, exh.
J(18.52.160), 12-28-2009)
Sec. 38.28.180. Application.
A. An application for a sign shall be made on
forms provided by the planning department. The
application shall contain sufficient information and
plans to permit review pursuant to this article,
including, but not limited to, building elevations;
photographs; proposed locations of signs on build-
ing 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 applica-
tion does not omit any of the submittal
elements required by this chapter. 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 work-
ing day review period will be considered
met if the letter is dated, signed and placed
in the outgoing mail within the five-day
review period.
2. After the application is deemed to contain
the required elements and to be acceptable,
it shall be reviewed for adequacy. A deter-
mination of adequacy means the applica-
tion contains all of the required elements in
§ 38.28.180UNIFIED DEVELOPMENT CODE
CD38:229PROOFS
sufficient detail and accuracy to enable the
city to make a determination that the appli-
cation either does or does not conform to
the requirements of this chapter and any
other applicable regulations under the juris-
diction of the city. Determination of ade-
quacy will be made by the planning depart-
ment. 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 ele-
ments and shall be completed within not
more than 15 working days. The 15 work-
ing 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 re-
turned to the property owner. Upon a deter-
mination of adequacy the review of the
development will be scheduled.
a. In the event the missing information is
not received by the city within 15
working days of notification to the
property owner of inadequacy, all ap-
plication materials shall be returned to
the property owner or their represen-
tative. Subsequent resubmittal shall
require payment of a review fee as if it
were a new application.
b. A determination that an application is
adequate does not restrict the city
from requesting additional informa-
tion during the review process.
3. Should the property owner choose not to
provide the required information after an
application has been found unacceptable,
nor to accept return of the application, the
application may be processed by the city
with the recognition by the property owner
that unacceptability is an adequate basis for
denial of the application regardless of other
merit of the application.
4. Action.
a. After an application is deemed ade-
quate, the planning director shall act
to approve or deny the application
within ten working days; or
b. After the application is determined to
be adequate for review, if the applica-
tion 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 commis-
sion which allows for required public
notice to be given; or
c. If the sign application is submitted in
conjunction with a site plan or other
similar review then the review process
and final review authority shall be
coordinated.
5. An applicant may appeal the denial of a
permit request pursuant to the provisions of
article 35 of this chapter.
(Ord. No. 1645, § 18.52.170, 8-15-2005; Ord. No.
1693, § 18(18.52.170), 2-20-2007; Ord. No. 1761,
exh. J(18.52.170), 7-6-2009; Ord. No. 1769, exh.
J(18.52.170), 12-28-2009)
Sec. 38.28.190. 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 14 calendar days
after receiving written notice to do so from the
planning director. If the sign is not so repaired or
removed within such time, the planning director
shall cause the sign to be removed at the expense of
the owner of the premises.
(Ord. No. 1645, § 18.52.180, 8-15-2005; Ord. No.
1693, § 18(18.52.180), 2-20-2007; Ord. No. 1761,
exh. J(18.52.180), 7-6-2009; Ord. No. 1769, exh.
J(18.52.180), 12-28-2009)
§ 38.28.180 BOZEMAN MUNICIPAL CODE
CD38:230PROOFS
Sec. 38.28.200. Nonconforming signs.
A. The eventual elimination of existing signs
that are not in conformity with the provisions of this
article is as important as the regulation of new
signs. Except as otherwise provided herein, the
owner of any zone lot or other premises on which
exists a sign that does not conform with the require-
ments of this article and for which there is no prior,
valid sign permit shall remove such sign.
B. All signs which were legally permitted prior
to June 22, 1997, are considered legal, permitted
signs under this article. Except as provided for in
subsection C of this section, said sign, if noncon-
forming with this article, may not be:
1. Replaced except with a conforming sign;
2. Changed in copy (except for signs specifi-
cally 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 noncon-
formity, but any existing signage, or portions thereof,
may be altered by decreasing its nonconformity
(except as provided in subsection D of this section).
D. Any lot with a nonconforming sign may not
add additional signage until all signs on the lot are
brought into conformance with this article. Any site
modification that requires a certificate of appropri-
ateness (except when the certificate of appropriates
is solely for the purpose of placing energy collec-
tion equipment), site plan review or reuse applica-
tion will necessitate compliance for all existing and
proposed signage on the lot.
(Ord. No. 1645, § 18.52.190, 8-15-2005; Ord. No.
1693, § 18(18.52.190), 2-20-2007; Ord. No. 1761,
exh. J(18.52.190), 7-6-2009; Ord. No. 1769, exh.
J(18.52.190), 12-28-2009)
Sec. 38.28.210. Substitution.
Any sign allowed under this article may contain,
in lieu of any other message or copy, any lawful
noncommercial message that does not direct atten-
tion 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
otherrequirementsofthisarticle.Authorizeddecision-
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.
(Ord. No. 1769, exh. J(18.52.200), 12-28-2009)
Sec. 38.28.220. Severability.
Where any word, phrase, clause, sentence, para-
graph, or section or other part of this article 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
chapter as a whole or any other part thereof.
(Ord. No. 1769, exh. J(18.52.200), 12-28-2009)
ARTICLE 29. TELECOMMUNICATIONS
Sec. 38.29.010. Intent, purpose and applicabil-
ity.
A. It is the duty of the city to protect the public
health, safety and welfare and the city has the
authority to regulate the placement, construction
and modification of wireless facilities in the ad-
vancement of that duty.
B. The city commission finds that:
1. The aesthetic character of the city is a
matter of substantial economic importance
and general concern to the citizens of the
city, as described in the city's adopted
growth policy, and is an important part of
the public welfare;
2. Wireless facilities are often visually obtru-
sive due to their necessary height, support
equipmentandinterruptionoftheviewscape,
and can have substantial impacts on the
§ 38.29.010UNIFIED DEVELOPMENT CODE
CD38:231PROOFS
character of the city and its surrounding
viewsheds which negatively affect the char-
acter of the city;
3. The impacts of wireless facilities can be
reduced by establishing standards for loca-
tion, structural integrity, compatibility and
collocation;
4. The city desires to promote collocation, use
of stealth installations of wireless facilities
and the use of smaller and less intrusive
facilities to minimize the need to construct
new large scale wireless facilities in order
to reduce visual and other impacts on the
community;
5. The city desires to provide clear and con-
sistent regulations for review of proposed
wireless facilities;
6. The city desires to support the ability of
telecommunication service providers to de-
liver such services to the community con-
sistent with other community objectives;
7. The construction of new large scale wire-
less facilities is the action of last resort to
provide for wireless communication ser-
vices and should only be undertaken when
other alternatives are not available;
8. It is necessary to determine the locations
andcircumstancesmostappropriateforplace-
ment of wireless facilities to serve the
community;
9. Consistent with applicable law, the city
desires to minimize the adverse visual im-
pacts of towers and antennas through care-
ful siting, design, landscape screening and
innovative camouflaging screening;
10. The city seeks to protect against potential
health and safety hazards to citizens and
prevent damage to adjacent properties;
11. The city intends to exercise its authority
with respect to the regulation of the place-
ment, construction and modification of wire-
less facilities, to the fullest extent permitted
by applicable law;
12. The city recognizes the need to respond to
the policies in the Telecommunications Act
of 1996 and has constructed its regulations
in a manner that does not unreasonably
discriminate between providers of function-
ally equivalent personal wireless service
nor prohibits or has the effect of prohibiting
personal wireless service in the city;
13. The Federal Communication Commission
exercises certain sole authority in the licens-
ing and other regulation of wireless ser-
vices which the city recognizes;
14. The adequate review of a telecommunica-
tions application may require expertise not
typically possessed by city staff which
would require the city to obtain qualified
outside expertise to properly evaluate an
application; and
15. Outside review would generate additional
costs to the public to preserve the public
interest which costs must be mitigated and
should properly be mitigated by those caus-
ing such additional costs.
C. General application. All uses listed in this
article shall be subject to the specific standards
described for each use, in addition to all other
applicable standards which may apply, and are
limited to those districts specified. The provisions
of this article apply to development and modifica-
tion of large scale wireless facilities, micro-scale
wireless facilities, nonbroadcast telecommunication
facilities and small scale wireless facilities. These
and other terms are defined in article 42 of this
chapter.
1. The provisions of this article only apply to
facilities which meet the definition of a
wireless facility or that are otherwise spe-
cifically brought under the authority of this
article.
(Ord. No. 1645, § 18.54.010, 8-15-2005)
§ 38.29.010 BOZEMAN MUNICIPAL CODE
CD38:232PROOFS
Sec. 38.29.020. Special submittal requirements.
In addition to the materials required by article 41
of this chapter for site plans, conditional use per-
mits, and planned unit developments, the materials
required by section 38.41.170 shall be submitted.
(Ord. No. 1645, § 18.54.020, 8-15-2005)
Sec. 38.29.030. Uses within districts and re-
quired review procedures.
A. Purpose. The purpose of this section is to
describe the procedures under which certain uses
may be permitted as principal or conditional uses in
specific districts. Unless specifically exempted by
this article, all other standards and procedures of
this chapter shall apply.
1. The Montana Subdivision and Platting Act
( MCA 76-3-101 et seq.) requires subdivi-
sion review when land interests are created
by rent or lease. Depending on how the
ownership and use of land for a facility
subject to this article is established, subdi-
vision review may be required in addition
to site plan review.
B. No wireless facility may be permitted except
in accordance with the development review pro-
cesses indicated in Table 38.29.030 in subsection
B.1 of this section, based on the applicable zoning
district and scope of the proposed facility. Principal
uses are indicated with a "P", conditional uses are
indicated with a "C", accessory uses are indicated
with an "A", planned unit development is indicated
with a "PUD", and uses which are not permitted
with the district are indicated by a "-". All applica-
tions are subject to the review processes, submittal
requirements and other requirements of articles 19,
20 and 41 of this chapter as may be applicable.
1. Review procedures.
______________________________________________________________________________________
Table 38.29.030
Zoning District Large scale Small scale Micro scale Nonbroadcast
PLI P P A P
M-2 P P A P
M-1 P P A P
B-P C P/C1 A P
B-3 C P/C1 A P
B-2 C P/C1 A P
B-1 C P/C1 A P
R-O PUD C P C
R-4 PUD C P C
R-3 PUD C P C
R-2 PUD C P -
R-1 PUD C P -
R-S PUD C P C
1Conditional use review is required when the proposed facility exceeds the height limitation of the district.
______________________________________________________________________________________
2. Collocation upon a previously approved
wireless facility, when such additional fa-
cilities were contemplated as part of the
original review, shall be reviewed as a
sketch plan in all zones.
§ 38.29.030UNIFIED DEVELOPMENT CODE
CD38:233PROOFS
3. A wireless facility may be permitted as an
accessory use in any nonresidential district
when:
a. It is for the exclusive use of a single
on-site business when the business
has otherwise been approved under
article 19 or 20 of this chapter, rather
than offered to additional parties;
b. It is in compliance with the maximum
building height limitations of the zon-
ing district;
c. Complies with all setback and other
zoning requirements; and
d. Has eight or less square feet of total
antenna surface area.
4. Installations located within the neighbor-
hood conservation overlay or entryway cor-
ridor overlay districts shall be reviewed
against the criteria of articles 16 and 17 of
this chapter as applicable and shall require
a certificate of appropriateness before issu-
ance of a building permit.
5. Prior to submitting an application for a
large scale or small scale wireless facility,
the applicant must request in writing a
preapplication conference with the plan-
ning department. The purpose of the preap-
plication conference is to acquaint the par-
ticipants with the applicable requirements
of this article, as well as any preliminary
concerns of the department.
6. The applicant's written request for a preap-
plication conference must include the fol-
lowing information with regard to the pro-
posed facility:
a. Location;
b. Overall height;
c. Number of antennas proposed, includ-
ing those of other providers to be
collocated;
d. Type of wireless communication ser-
vices to be provided; and
e. Coordinationofgroundequipmentshel-
ters.
7. Adequate review of applications may re-
quire the city to retain consultants or other
third party assistance to review an applica-
tion. In such event the applicant shall reim-
burse the city for the actual costs incurred
prior to issuance of a building permit.
8. The provisions of article 32 of this chapter
shall apply for all nonconforming facilities
subject to this article.
(Ord. No. 1645, § 18.54.030, 8-15-2005)
Sec. 38.29.040. Standards.
A.Safety.All wireless facilities subject to this
article shall meet the following standards:
1. The structural design for all wireless facil-
ities greater than ten feet in height or which
have more than four square feet of total
antenna area shall be certified by a profes-
sional structural engineer licensed to prac-
tice in the state. A building permit shall be
obtained prior to the installation of any
facility subject to this article.
2. All wireless facilities shall meet or exceed
current standards and regulations of the
FCC, FAA and any other agency with the
authority to regulate wireless facilities. If
such standards are changed, the owner shall
modify the installation to comply with the
new standards within six months of the
effective date of the new standards or
regulations unless a different implementa-
tion schedule is required by the issuing
agency.
3. Wireless facilities with a base located at
grade shall be enclosed within a secure
fence not less than six feet in height or the
tower itself shall be equipped with an
appropriate anti-climbing device.
B.Aesthetics.
1.All wireless facilities.
a. The provisions of this section
38.29.040.B may be waived by the
§ 38.29.030 BOZEMAN MUNICIPAL CODE
CD38:234PROOFS
approval body as determined by arti-
cle 19 of this chapter where it has
been demonstrated that the waiver
will result in superior compliance with
the intent and purposes of this chapter.
b. All installations shall be as visually
unobtrusive as is feasible. Facilities
and equipment mounted on existing
structures shall be visually incorpo-
rated into the structure or background
by the use of architectural elements,
color, screening or other methods.
c. No lighted signage is permitted.
d. All structures shall be constructed in
conformance with the standards of the
city's adopted International Building
Code.
e. Visual screening of ground mounted
equipment shall be provided in all
residential areas and where a facility
is located within a nonresidential area
which is visible, from a viewpoint
five feet above grade, from a residen-
tial area. Screening shall provide an
opaque screen within 18 months of
establishment and be a minimum of
four feet in height. The screening may
be of landscape materials or a fence
which otherwise complies with this
chapter. The site shall comply with the
landscaping provisions of article 26 of
this chapter.
f. Exterior facade materials and the char-
acter of equipment shelters used in
residential areas shall be of materials
commonly used in the immediate area.
The architectural design of the exte-
rior of the shelter shall be compatible
with surrounding residential struc-
tures. The intent of the requirements
of this subsection B.1.f may be met by
providing opaque fencing or other
visual screening compatible with the
neighborhood, in compliance with all
other sections of this chapter, which
will obscure the entire equipment shel-
ter. The screening shall be in place
prior to the commencement of opera-
tions of the facility.
2.Preferences.In order to justify the construc-
tion of a wireless structure, the applicant
must demonstrate that higher ranking alter-
natives in the following hierarchy, begin-
ning with subsection 2.a.(1) of this section,
do not constitute feasible alternatives. The
order of preference, from most preferred to
least preferred and based on technical fea-
sibility, for new wireless facilities is:
a. Facility size.
(1) Micro-scale wireless facilities or
collocationonexistinglargescale
wireless facilities;
(2) Small scale wireless facilities;
(3) Large scale wireless facilities 50
feet or less in height; and
(4) Large scale wireless facilities in
excess of 50 feet in height.
b. A facility meeting the definition of
stealth, as defined in article 42 of this
chapter, is always preferred over a
facility of the same scope which does
not meet the definition of stealth.
Stealth facilities may be required in
historic districts and other circum-
stances.
c. As appropriate, the following evi-
dence may also be submitted to dem-
onstrate compliance with this section:
(1) That no existing wireless com-
munications facility within the
search area meets the applicant's
radio frequency engineering or
height requirements;
(2) Thatnostructurewithinthesearch
area has sufficient structural
strength to support the appli-
cant's proposed antennas; or
§ 38.29.040UNIFIED DEVELOPMENT CODE
CD38:235PROOFS
(3) That there are other verifiable
limiting factors that render col-
located or other more preferred
options unsuitable or unreason-
able.
d. Self-supporting lattice or guyed struc-
turesaregenerallypreferredovermono-
poles.
3.Special standards.The following special
standardsapplyasshowninTable38.29.040:
a. Stealth installation is required;
b. Wireless facilities are exempt from
the height limitations of section
38.21.060, but are subject to the height
limitations of section 38.29.040;
c. The height limitation of the district
may be exceeded by the least amount
necessary to provide services but only
when service may not otherwise be
provided by a less intensive facility or
an alternative site; and
d. Only allowed when service may not
be provided from an alternative site or
a less intensive installation or set of
installations.
______________________________________________________________________________________
Table 38.29.040
Zoning District Large-scale Small-scale Micro-scale Nonbroadcast
PLI b b b -
M-2 b b b -
M-1 b b b -
B-P c a,c b -
B-3 c a,c b -
B-2 c a,c b -
B-1 c a,c b -
R-O d a,c a,b -
R-4 d a,c a,b -
R-3 d a,c a,b -
R-2 d a,c a,b -
R-1 d a,c a,b -
R-S d a,c a,b -
4.Stealth.
a. Installations located within the conser-
vation overlay district shall be stealth
facilities.
b. A stealth wireless facility may exceed
the height limitations of the district by
ten feet.
5.Small scale wireless facilities.All small
scale wireless facilities established in the
neighborhood conservation or entryway cor-
ridor overlay districts shall be installed in
such a way as to maintain the historic or
architectural character of the host site. All
sites shall maintain the least possible visual
obtrusiveness.
6.Large scale wireless facilities.No large
scale wireless facility will be permitted
unless the applicant demonstrates that the
proposed facility can not be accommodated
on an existing structure or by placement of
a smaller facility. In order to justify the
construction of a large-scale wireless facil-
§ 38.29.040 BOZEMAN MUNICIPAL CODE
CD38:236PROOFS
ity, the applicant must demonstrate that
higher ranking alternatives in the hierarchy,
beginning with section 38.29.040.B.2.a.(1),
do not constitute feasible alternatives. Such
demonstration must be made by submission
of a statement of position, qualifications
and experience by a licensed radio fre-
quency engineer and address the required
findings of this section.
a. If collocation is feasible, the owner of
the large scale wireless facility shall
certify in writing, prior to final permit
approval, that the owner will accept
for collocation any FCC-licensed or
licensing exempt wireless communi-
cation provider using compatible tech-
nology at reasonable and customary
rates and terms up to the structural
capacity to accommodate additional
antennas. Collocation may be denied
based on verifiable and substantial
expectations of interference from ad-
ditional users. Later failure to comply
with the requirements supporting col-
location may result in the revocation
of city approvals or other penalties
provided by the municipal code as the
requirements of the title will have
been violated.
b. The city shall find the proposed guar-
antee, assurances or provisions for the
perpetual maintenance and for re-
moval of an abandoned large scale
wireless facility to be adequate.
c. Alarge scale wireless facility shall not
either:
(1) Exceed 190 feet in height; or
(2) When located east of the align-
ment of Church Avenue/Sour-
dough Road and west of the
extended alignment of Bozeman
Trail Road/Arnica Drive;
(a) Exceed 100 feet in height
when its base elevation is
greater than 4,800;
(b) Exceed 40 feet in height
when its base elevation is
above 4,850 elevation;
(c) Notwithstanding the provi-
sions of subsections
B.6.c.(2)(a) and (b) of this
section, these restrictions
shall not apply for those
areas lying east of the ex-
tended alignment of Boze-
man Trail Road/Arnica
Drive and south of Inter-
state 90.
d. Where multiple service providers will
be utilizing the same ground area
and/or support structure, a single struc-
ture shall be provided to house all
ground based equipment.
e. Special setbacks for large scale wire-
less facilities shall be provided and/or
a design for internal structural col-
lapse to avoid damage or injury to
adjoining property or users shall be
provided.
(1) Residential district setbacks for
a large scale wireless facility
shall be 100 percent of facility
height which may be reduced to
no less than 50 percent upon the
provision and approval of an
engineered design, stamped by a
professional structural engineer
licensed to practice in the state,
establishing a smaller collapse
area.
(2) A large scale wireless facility in
nonresidential zones shall pro-
vide a minimum setback from
the property lines of 75 percent
of facility height which may be
reduced to no less than 30 per-
cent of facility height upon the
provision and approval of an
engineered design, stamped by a
professional structural engineer
§ 38.29.040UNIFIED DEVELOPMENT CODE
CD38:237PROOFS
licensed to practice in the state,
establishing a smaller collapse
area. Large scale wireless facili-
ties located within nonresiden-
tial zones, but adjacent to a res-
idential zone or residentially
developed areas, shall maintain
a minimum setback from resi-
dential zoning or property bound-
aries of at least 50 percent of
facility height. All installations
shall maintain the minimum zon-
ing district setbacks including
specialsetbacksforentrywaycor-
ridors.
f. New large scale wireless facilities
greater than 50 feet in height shall be
designed in all respects to accommo-
date both the applicant's antennas and
antennas for at least two other addi-
tional users. A new large scale wire-
less facility may meet this require-
ment by correctly sizing the foundation
and other structural elements to allow
the future addition of height to the
structure to accommodate additional
users rather than immediately con-
structing the entire large scale wire-
less facility. This requirement may be
waived by the governing body upon a
showing of fact to overcome the pre-
sumption that multiple transmitters
are desirable on the proposed facility.
g. All large scale wireless facilities 50
feet or greater in height, regardless of
the zoning district in which the struc-
ture is located, shall be located at least
one mile, measured in a straight line,
from any other large scale wireless
facility that is 50 feet or greater in
height. An exception to this require-
ment may be granted by the approval
body when it is found and factually
supported in the written record that
the criteria of subsection B.6.i of this
section are met and a critical need
exists for the proposed location, or
that a closer placement is desirable to
advance the intent of this article and
chapter.
h. A large scale wireless facility greater
than 50 feet in height shall only be
approved when the applicant can dem-
onstrate in writing that no existing or
approved micro-scale, small scale or
large scale wireless facility within the
required separation distance of the
proposed site can accommodate the
applicant's proposed antenna.
i. In addition to the other review criteria
of this chapter, affirmative findings
for at least one of the following items
must be made in order for the condi-
tions necessary for approval to exist:
(1) No existing or proposed struc-
tures adequate to support the
proposed antennas are located
within the geographic area are
required to meet the applicant's
engineering and service require-
ments;
(2) Existing or approved structures
are not of sufficient height to
meet the applicant's engineering
and service requirements and a
combination of smaller scale fa-
cilities will not provide for ade-
quate service delivery;
(3) Existing or approved structures
do not have sufficient structural
strength to support the appli-
cant's proposed antenna and re-
lated equipment and can not be
reinforced to provide sufficient
structural strength;
(4) The applicant's proposed anten-
nas would cause electromag-
netic interference with the an-
tenna on the existing or approved
antenna support structures, or the
§ 38.29.040 BOZEMAN MUNICIPAL CODE
CD38:238PROOFS
antenna on the existing or ap-
proved antenna support struc-
tures would cause interference
with the applicant's proposed an-
tenna;
(5) Property owners or owners of
existing or approved wireless fa-
cilities or locations for smaller
scale installations are unwilling
to accommodate the applicant's
needs; or
(6) The applicant demonstrates that
there are other factual and veri-
fiable limiting factors that ren-
der existing or approved wire-
less facilities unsuitable.
j. Height and number of users. A large
scale wireless facility may be re-
viewed as a multiple phase project
and be constructed over time as pro-
vided for in section 38.29.040.B. Prior
to the approval of a final site plan, or
a building permit if it be a latter phase
of a phased project, an applicant shall
provide:
(1) For the first 70 feet of tower
height, for an applicant who is
not themselves a wireless ser-
vice provider, a copy of an exe-
cuted lease from a wireless ser-
vice provider of not less than 12
months duration;
(2) For a height of greater than 70
feet and not more than 110 feet
of structure height, one addi-
tional executed lease;
(3) For a height greater than 110
feet, one additional executed
lease;
(4) Leases may be redacted to re-
move proprietary information but
shall identify the parties.
7.Nonbroadcast.A nonbroadcast telecommu-
nication facility located within an entryway
overlay district, the neighborhood conser-
vation overlay district or a residential zon-
ing district shall be enclosed within a struc-
ture. The structure shall be of materials and
architectural character which are compati-
ble with the adjacent properties. The facil-
ity shall comply with all applicable side,
front and rear yard setbacks.
C.Administrative.
1. An inventory of existing sites utilized by
the applicant shall be provided. The inven-
tory shall note the feasibility of accommo-
dating other users. The city may share this
information with other applicants or inter-
ested parties to encourage collocation.
2. The public land and agencies exemption
from full compliance with zoning in MCA
76-2-402 does not apply to private entities
utilizing publicly owned lands.
3. Any antennas or antenna support structures
that are not utilized for the provision of
wireless services for a continuous period of
six months shall be considered abandoned.
All facilities shall be removed within six
months of the cessation of operations. If a
facility is not removed within six months
the city shall remove the facility at the
facility or landowner's expense.Where mul-
tipleusersshareafacility,thenonoperational
antennas and associated ground-mounted
equipment shall be removed but any com-
mon equipment may be retained until all
users have terminated the utilization of the
site.
4. Any emergency power supply or other
equipment installed at the facility must
comply with section 38.21.070.H.
5. No facilities may be established in residen-
tial areas which require employees to be
present on a routine basis, with the excep-
tion of periodic maintenance activities, un-
less the zone allows offices as a permitted
or conditional use and appropriate review
has been completed.
§ 38.29.040UNIFIED DEVELOPMENT CODE
CD38:239PROOFS
6. Failure to comply with the terms of this
chapter shall be grounds for facilities to be
removed by action of the city at the facility
or landowner's expense.
7. Any modifications to existing wireless sites
may only occur in compliance with the
review procedures required in section
38.29.030.
8. Denial of an application shall be made only
after the review body has determined that
specific criteria of this chapter can not be
met. Said determination shall be made in
writing and shall include the reasons for the
denial and the evidence which supports
those reasons. Public opposition alone is
not sufficient to deny the application.
(Ord. No. 1645, § 18.54.040, 8-15-2005)
ARTICLE 30. WETLAND REGULATIONS
Sec. 38.30.010. Title and applicability.
These regulations shall be known as the city
wetland regulations and may be cited as the wet-
lands regulations. These wetland regulations shall
govern areas in compliance with the 1987 U.S.
Army Corps of Engineers Wetland Delineation
Manual of the U.S (1987 Corps Manual), or the
most current wetland delineation manual sanctioned
by the Army Corps of Engineers (ACOE)-Omaha
District. This manual provides specific guidelines
and methods to identify whether an area is a
wetland and to determine the boundary between
wetlands and uplands. The city's wetland regula-
tions will pertain to wetlands with a direct hydro-
logic connection to "waters of the U.S." (those
wetlands that connect to a federally-regulated stream
or river directly or via a series or watercourse,
wetlands or ditches), and also to isolated wetlands
with no direct connection to a water of the U.S. and
exhibit positive wetland indicators for all three
wetland parameters. The provisions contained in
these regulations do not apply to wetlands created
by a wholly manmade water source used for irriga-
tion purposes or stormwater control.
(Ord. No. 1645, § 18.56.010, 8-15-2005; Ord. No.
1693, § 19(18.56.010), 2-20-2007; Ord. No. 1761,
exh. K(18.56.010), 7-6-2009)
Sec. 38.30.020. Intent and purpose.
A. Wetlands perform many important ecological
functions. It is the intent and purpose of this article
to protect, preserve and enhance wetlands to pro-
vide the following functions:
1. Aquifer recharge;
2. Water storage;
3. Regional stream hydrology (discharge and
recharge);
4. Flood control and storage;
5. Sediment control (filter for waste);
6. Nutrient removal from urban runoff; and
7. Erosion control.
B. Wetlands provide important values that en-
hance the quality of life of community residents. It
is the intent of this article to protect, preserve and
enhance wetlands to provide the following values:
1. Habitat for fish, wildlife and plants (includ-
ing endangered and threatened);
2. Recreation;
3. Open space;
4. Visual and aesthetic;
5. Education and research; and
6. Historical, cultural and archaeological re-
sources.
C. Wetlands can present significant constraints
to development. Wetlands typically form in areas
characterized by poor drainage conditions which
are ill-suited for most types of development. Devel-
opment in these areas often involves extra expense
resulting from considerations for site drainage,
flood protection and facility maintenance. In addi-
tion, wetlands are characterized by hydric soils that
are unstable for most types of development. Hydric
soils tend to compress under the weight of struc-
tures and decompose when drained. Therefore,
costs of development may be greater due to com-
plex engineering design requirements, or the need
to excavate and replace the soils. It is the intent of
these regulations to protect public and private
§ 38.29.040 BOZEMAN MUNICIPAL CODE
CD38:240PROOFS
facilities and structures from damage, and to mini-
mize public and private development and mainte-
nance costs.
D. It is not the intent of this article to prohibit all
activities within regulated areas and associated
buffers, but rather to encourage the avoidance of
regulated activities within the regulated areas and to
require best management practices in regulated
areas.
E. Nothing in this article shall be construed to
prevent irrigation companies from diverting and
carrying water under historic water rights or owners
of such rights from exercising those historic rights.
F. Nothing in this article shall be construed to
prevent compliance with applicable state or federal
statutes and regulations.
(Ord. No. 1645, § 18.56.020, 8-15-2005; Ord. No.
1693, § 19(18.56.020), 2-20-2007; Ord. No. 1761,
exh. K(18.56.020), 7-6-2009)
Sec. 38.30.030. Application of wetland regula-
tions.
A. These regulations shall apply to any regu-
lated activity which may impact wetlands as de-
fined in section 38.42.3240 known prior to or
discovered through the development review pro-
cess, and verified through a site-specific wetlands
boundary determination. When any regulated activ-
ity is proposed a wetlands boundary determination
shall be conducted. If the determination finds that
there are no wetlands present on the subject tract,
these regulations shall not apply. If, however, wet-
lands are found on the subject tract the proposal
shall be subject to these regulations. The provisions
of this article shall be applied in addition to any
other applicable regulations of this chapter.
1. The wetlands boundary determination shall
be prepared in accordance with the 1987
U.S. Army Corps of Engineers Wetland
Delineation Manual of the U.S (1987 Corps
Manual), or the most current wetland delin-
eation manual sanctioned by the Army
Corps of Engineers (ACOE)-Omaha Dis-
trict by a qualified wetland professional.
2. A qualified wetland professional is an indi-
vidual with a minimum of a bachelor's
degree in a water resource related field, five
years experience, and/or a professional wet-
land scientist certification.
B. Isolated wetlands with a size of less than 400
square feet, regardless of property boundaries, are
exempt from this article unless the wetland provides
habitat for the following species:
1. Plant, animal or other wildlife species listed
as threatened or endangered by the United
States Fish and Wildlife Service; and/or
2. Plant, animal or other wildlife species listed
as a species of concern, species of potential
concern, or species on review by the state
department of fish, wildlife and parks and
the state natural heritage program.
C. Any development for which the watercourse
setback requirements of section 38.23.100 are pro-
vided is considered to have addressed the concerns
of this article and is exempt from this article.
D. This article is not intended to repeal, abro-
gate, supersede or impair any existing federal, state,
or local law, easement, covenant or deed restriction.
However, if this article imposes greater or more
stringent restrictions, the provisions of this article
shall prevail. Specifically, if a regulated activity
pursuant to this article also requires authorization
under section 404 of the Clean Water Act from the
U.S. Army Corps of Engineers, the applicant shall
meet any greater or more stringent restrictions set
forth in this article in addition to and independent of
the restrictions of such permit.
(Ord. No. 1645, § 18.56.030, 8-15-2005; Ord. No.
1693, § 19(18.56.030), 2-20-2007; Ord. No. 1761,
exh. K(18.56.030), 7-6-2009)
Sec. 38.30.040. Wetlands review board powers
and duties.
A. In addition to the duties established by article
33 of this chapter, the WRB shall have the follow-
ing powers and duties:
1. Review wetland delineation boundaries and
functional assessments for wetlands that
may be impacted by regulated activities;
§ 38.30.040UNIFIED DEVELOPMENT CODE
CD38:241PROOFS
2. Based on wetland functional assessments
and other submittal materials, make recom-
mendations to the planning director, board
of adjustment (BOA), or city commission
to allow or disallow the regulated activity;
3. Recommend to the planning director, BOA,
or city commission appropriate wetland
buffer widths based on the wetland delin-
eation, functional assessment, and other
submittal materials;
4. Recommend to the planning director, BOA,
or city commission additional conditions on
regulated activities that are reasonably nec-
essary to carry out the purpose and intent of
this article;
5. Provide recommendations to applicants re-
garding alternatives to design of develop-
ments that minimize impacts to wetlands
and other aquatic resources; and
6. Testify as needed before all boards, com-
missions and agencies on any matter affect-
ing wetlands.
(Ord. No. 1645, § 18.56.040, 8-15-2005; Ord. No.
1693, § 19(18.56.040), 2-20-2007; Ord. No. 1761,
exh. K(18.56.040), 7-6-2009)
Sec. 38.30.050. Wetlands mapping.
A. The Bozeman Area Wetlands Map shall be
adopted by resolution and shall, in addition to the
submittal materials of section 38.41.130, be used to
implement this article.
B. The Bozeman Area Wetlands Map may be
amended by resolution by means of the perfor-
mance of a wetland boundary determination. Wet-
land boundary determinations shall be performed in
accordance with the procedures specified in the
Federal Manual for Identifying and Delineating
Jurisdictional Wetlands (January 1987).
1. A CD-ROM containing the wetland bound-
ary determination and raw survey data (if
applicable) shall be provided for use in
amending the BozemanArea Wetland Map.
The data shall be reported in UTM Zone 12
coordinates and NAD83 datum.
C. Prior to annexation, wetland boundary deter-
minations and functional assessments shall be pre-
pared for all wetlands on the property to be an-
nexed.
(Ord. No. 1645, § 18.56.050, 8-15-2005; Ord. No.
1693, § 19(18.56.050), 2-20-2007; Ord. No. 1761,
exh. K(18.56.050), 7-6-2009)
Sec. 38.30.060. Regulated activities.
A. No person shall conduct any of the following
regulated activities within a regulated wetland area,
as described in section 38.30.030, without first
having the proposed activity reviewed by the WRB
and approved by the planning director, BOA, or city
commission as appropriate. Any activity in a regu-
lated area which reduces the size of a wetland or
reduces the degree to which a wetland performs any
function is subject to the requirements of this
article, including but not limited to:
1. Placement of any material, including with-
out limitation any soil, sand, gravel, min-
eral, aggregate, organic material or water;
2. Construction, installation or placement of
any obstruction or the erection of a build-
ing, trail, boardwalk or other structure;
3. Removal, excavation or dredging of solid
material of any kind, including without
limitation any soil, sand, gravel, mineral,
aggregate or organic material;
4. Removal of any existing vegetation or any
activity which will cause any loss of vege-
tation in a wetland;
5. Alteration of the water level or water table
by any means, including without limitation
draining, ditching, trenching, impounding
or pumping; and
6. Disturbance of existing surface drainage
characteristics, sedimentation patterns, flow
patterns, or flood retention characteristics
§ 38.30.040 BOZEMAN MUNICIPAL CODE
CD38:242PROOFS
by any means, including without limitation
grading and alteration of existing topogra-
phy.
B. The following activities are permissible in a
wetland area, without review by the WRB and
approval by the city, if the activities do not reduce
the size of a wetland or significantly reduce the
degree to which a wetland performs any function
and in compliance with any other applicable state or
federal law:
1. Maintenance of an existing and lawful pub-
lic or private road, structure or facility,
including but not limited to drainage facil-
ities, water conveyance structures, dams,
fences or trails, or any facility used to
provide transportation, electric, gas, water,
telephone, telecommunications or other ser-
vices provided that these activities do not
materially change or enlarge any road, struc-
ture or facility;
2. Maintenance of an existing farm or stock
pond, irrigation ditch, agricultural fence or
drainage system;
3. Weed control consistent with a Noxious
Weed Management and Revegetation Plan
approved by the county weed control dis-
trict;
4. Continuation of existing agricultural prac-
tices such as the cultivation and harvesting
of hay or pasturing of livestock, or change
of agricultural practices which has no greater
impact on wetland function;
5. Conservation or preservation of soil, water,
vegetation, fish and other wildlife;
6. Outdoor recreational activities, such as fish-
ing, bird watching, hiking, rafting and swim-
ming which do not harm or disturb the
wetland;
7. The harvesting of wild crops;
8. Education and scientific research;
9. Minor improvements and landscape main-
tenance within a required wetland buffer
but outside the boundaries of a delineated
wetland, including but not limited to the
pruning of trees, mowing of grass, and
removal of dead vegetation and debris; and
10. Activities in a wetland set forth in section
38.30.090, including but not limited to
removal of debris and maintenance of veg-
etation and wildlife habitat.
(Ord. No. 1645, § 18.56.060, 8-15-2005; Ord. No.
1693, § 19(18.56.060), 2-20-2007; Ord. No. 1761,
exh. K(18.56.060), 7-6-2009)
Sec. 38.30.070. Application requirements and
procedures for regulated activi-
ties in regulated wetland areas.
A.Review.All proposals for regulated activities
in regulated wetland areas shall be reviewed by the
WRB. The applicant shall prepare a functional
assessment for all reviewed regulated wetland ar-
eas. Based on the prepared functional assessment
and other submittal materials, the WRB shall for-
ward a recommendation of approval, conditional
approval or denial to the planning director or city
commission.
B.Approval.All proposals for regulated activi-
ties in regulated wetland areas shall be reviewed
and approved, conditionally approved, or denied by
the city in accordance with articles 3, 4, 19 and 20
of this chapter prior to commencement of the
regulated activity.
1. If a regulated activity is proposed for a
regulated wetland area, but the regulated
activity is not proposed in conjunction with
a land development proposal, the applicant
shall submit a sketch plan application for
review and recommendation by the WRB,
and review and approval by the planning
director.
C.Submittal materials.The information re-
quired in section 38.41.130 shall be submitted for
all regulated activities proposed for regulated wet-
land areas.
§ 38.30.070UNIFIED DEVELOPMENT CODE
CD38:243PROOFS
D.Noticing.The review of regulated activities
proposed for regulated wetland areas shall comply
with the noticing requirements of article 40 of this
chapter.
(Ord. No. 1645, § 18.56.070, 8-15-2005; Ord. No.
1693, § 19(18.56.070), 2-20-2007; Ord. No. 1761,
exh. K(18.56.070), 7-6-2009)
Sec. 38.30.080. Review standards.
A. The city may approve, conditionally approve
or deny a regulated activity in a regulated wetland
area based on a recommendation from the WRB,
and if:
1. The applicant has demonstrated that all
adverse impacts on a wetland have been
avoided; or
2. The applicant has demonstrated that any
adverse impact on a wetland has been
minimized; the activity will result in mini-
mal impact or impairment to any wetland
function and the activity will not result in
an adverse modification of habitats for, or
jeopardize the continued existence of, the
following:
a. Plant, animal or other wildlife species
listed as threatened or endangered by
the United States Fish and Wildlife
Service; and/or
b. Plant, animal or other wildlife species
listed as a species of concern, species
of potential concern, or species on
review by the state department of fish,
wildlife and parks and the state natu-
ral heritage program; or
3. The applicant has demonstrated that the
project is in the public interest, having
considered and documented:
a. The extent of the public need for the
proposed regulated activity;
b. The functions and values as deter-
mined by a state accepted method of
functional assessment of the wetland
that may be affected by the proposed
regulated activity;
c. The extent and permanence of the
adverse effects of the regulated activ-
ity on the wetland and any associated
watercourse;
d. The cumulative adverse effects of past
activities on the wetland; and
e. The uniqueness or scarcity of the
wetland that may be affected.
(Ord. No. 1645, § 18.56.080, 8-15-2005; Ord. No.
1693, § 19(18.56.080), 2-20-2007; Ord. No. 1761,
exh. K(18.56.080), 7-6-2009)
Sec. 38.30.090. Wetland permit conditions.
A. The WRB may recommend conditions of
approval for proposed regulated activities, and the
city may conditionally approve proposed regulated
activities, subject to the following conditions:
1. Requiring the provision of a wetland buffer
of a size appropriate for the particular
proposed activity and the particular regu-
lated wetland area;
2. Requiring that structures be appropriately
supported and elevated and otherwise pro-
tected against natural hazards;
3. Modifying waste disposal and water supply
facilities;
4. Requiring deed restrictions or covenants
regarding the future use and subdivision of
lands, including but not limited to the
preservation of undeveloped areas as open
space and restrictions on vegetation re-
moval;
5. Restricting the use of an area, which may
be greater than the regulated wetland area;
6. Requiring erosion control and stormwater
management measures;
7. Clustering structures or development;
§ 38.30.070 BOZEMAN MUNICIPAL CODE
CD38:244PROOFS
8. Restricting fill, deposit of soil and other
activities which may be detrimental to a
wetland;
9. Modifying the project design to ensure
continued water supply to the regulated
wetland; and
10. Requiring or restricting maintenance of a
regulated wetland area for the purpose of
maintaining wetland functions.
11. A yearly mitigation monitoring report to be
submitted to the WRB on a yearly basis,
with the due date to be determined on a
case-by-case basis.
12. A deed restriction to be filed with the
county clerk stating the measures that will
be taken to protect all water resources,
mitigation, and buffer areas in perpetuity.
13. That all reasonable effort has been made to
limit indirect impacts to vegetation, faunal
interspersion and connectivity, and hydro-
logical connectivity in the site design (e.g.,
any structures, boardwalks, viewing plat-
forms, or bridges, which are constructed
within wetlands will have at least a two-
foot space between the bottom chord of the
structure and the wetland surface elevation
to limit shading impacts and allow wetland
vegetation to persist).
14. The WRB may recommend conditions to
mitigate for locally-regulated (wetlands not
connected to a water of the U.S.) infringe-
ment upon watercourses, buffers, or nega-
tive indirect or direct effects on the func-
tionalityofwetlands,watercoursesorbuffers.
(Ord. No. 1645, § 18.56.090, 8-15-2005; Ord. No.
1693, § 19(18.56.090), 2-20-2007; Ord. No. 1761,
exh. K(18.56.090), 7-6-2009)
Sec. 38.30.100. Appeals.
Depending upon the application procedure in-
volved, decisions related to the approval or denial
of regulated activities proposed for regulated wet-
land areas may be appealed in accordance with the
provisions of article 35 of this chapter.
(Ord. No. 1645, § 18.56.100, 8-15-2005; Ord. No.
1693, § 19(18.56.100), 2-20-2007; Ord. No. 1761,
exh. K(18.56.100), 7-6-2009)
Sec. 38.30.110. Enforcement.
This article shall be enforced in accordance with
the provisions contained in article 34 of this chapter.
(Ord. No. 1645, § 18.56.110, 8-15-2005; Ord. No.
1693, § 19(18.56.110), 2-20-2007; Ord. No. 1761,
exh. K(18.56.110), 7-6-2009)
ARTICLE 31. FLOODPLAIN
REGULATIONS*
Sec. 38.31.010. Title.
These regulations shall be known and cited as the
city floodplain regulations. This article is in accor-
dance with the authority of the laws of the state
exercised by the city, and other authority as may be
possessed by the city.
(Ord. No. 1645, § 18.58.010, 8-15-2005; Ord. No.
1693, § 20(18.58.010), 2-20-2007)
Sec. 38.31.020. Purpose.
A. This chapter 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. However, there are certain
limited circumstances where development within
the floodplain either currently exists or may be
permitted from time to time to advance a public
purpose. This article provides standards which must
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
*State law reference—Floodplain and floodway man-
agement, MCA 76-5-101 et seq.
§ 38.31.020UNIFIED DEVELOPMENT CODE
CD38:245PROOFS
use of the floodplain when those limited circum-
stances occur. This article has been established with
the following purposes:
1. To guide development of the 100-year flood-
plain within the city limits consistent with
the enumerated findings by:
a. Establishing zoning regulations coin-
cident with and applicable to those
areas at risk of flooding with special
requirements and regulations to pro-
tect the public welfare;
b. Recognizing the right and need of
watercoursestoperiodicallycarrymore
than the normal flow of water;
c. Participating in coordinated efforts of
federal, state and local management
activities for 100-year floodplains;
d. Ensuring the regulations and mini-
mum standards adopted, insofar as
possible, balance the greatest public
good with the least private injury; and
e. Carry out the provisions of this article
in a fashion consistent with the re-
mainder of this chapter and the public
policies set forth in the city's growth
policy consistent with the authority of
title 76, chapter 5, part 3 (MCA 76-5-
301 et seq.).
2. Specifically, it is the purpose of this article
to:
a. Restrict or prohibit uses that are dan-
gerous to health, safety and property
in times of flood, or that cause in-
creased flood heights and velocities;
b. Require that uses vulnerable to floods,
including public facilities, be pro-
vided with flood protection at the time
of initial construction;
c. Identify lands unsuitable for certain
developmentpurposesbecauseofflood
hazards;
d. Minimize the need for rescue and
relief efforts associated with flooding
undertaken at the expense of the gen-
eral public;
e. Ensure that potential buyers are noti-
fied that property is within a 100-year
floodplain and subject to the provi-
sions of these regulations;
f. Ensure that those who occupy 100-
year floodplains assume responsibility
for their actions; and
g. Protect water quality and persons and
property located downstream.
(Ord. No. 1645, § 18.58.020, 8-15-2005; Ord. No.
1693, § 20(18.58.020), 2-20-2007)
Sec. 38.31.030. Jurisdictional area.
This article shall apply to all lands within the
boundaries of the city, shown on the official flood-
plain maps, including any amendments or revisions,
as being located within a 100-year floodplain dis-
trict or that may otherwise be identified as lying
within a 100-year floodplain through additional
floodplain delineation, engineering analysis, topo-
graphic survey, or other objective and factual basis.
(Ord. No. 1645, § 18.58.030, 8-15-2005; Ord. No.
1693, § 20(18.58.030), 2-20-2007)
Sec. 38.31.040. Floodplain regulation establish-
ment and applicability.
These floodplain regulations are hereby estab-
lished and are applicable in all areas defined by the
base flood elevations and 100-year floodplains as
delineated in the flood insurance study, or other
means specified in section 38.31.030. The basis for
the flood insurance study is a scientific and engi-
neering 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/floodway maps. The official
floodplain maps, together with the flood insurance
study are on file in the office of the city floodplain
administrator. The floodplain regulations are hereby
§ 38.31.020 BOZEMAN MUNICIPAL CODE
CD38:246PROOFS
established in all areas subject to flooding. Depic-
tion on the official zoning map of the city is not
required for this district.
(Ord. No. 1645, § 18.58.040, 8-15-2005; Ord. No.
1693, § 20(18.58.040), 2-20-2007)
Sec. 38.31.050. Abrogation and greater respon-
sibility.
It is not intended by this article to repeal,
abrogate, or impair any existing easements, cove-
nants, deed restrictions, or underlying zoning. How-
ever, where this article imposes greater restrictions,
the provisions of this article shall prevail.
(Ord. No. 1645, § 18.58.050, 8-15-2005; Ord. No.
1693, § 20(18.58.050), 2-20-2007)
Sec. 38.31.060. Floodplain administrator.
The city floodplain administrator has been des-
ignated to be the city engineer. The responsibilities
of this position are outlined in section 38.31.130.
(Ord. No. 1645, § 18.58.060, 8-15-2005; Ord. No.
1693, § 20(18.58.060), 2-20-2007)
Sec. 38.31.070. Regulation interpretation.
The interpretation and application of the provi-
sions of these regulations shall be considered min-
imum requirements and liberally construed in favor
of the governing body and not deemed a limitation
or repeal of any other powers granted by state
statute or self-government status.
(Ord. No. 1645, § 18.58.070, 8-15-2005; Ord. No.
1693, § 20(18.58.070), 2-20-2007)
Sec. 38.31.080. Compliance with regulations.
No structure or land use shall be located, ex-
tended, converted or structurally altered without full
compliance with the provisions of this chapter,
these specific regulations, and other applicable
regulations. These regulations meet or exceed the
minimum floodplain development requirements as
set forth by the state department of natural re-
sources and conservation and the National Flood
Insurance Program.
(Ord. No. 1645, § 18.58.080, 8-15-2005; Ord. No.
1693, § 20(18.58.080), 2-20-2007)
Sec. 38.31.090. Flood hazard evaluation.
A.General.Land subject to being flooded by a
flood of 100-year frequency as defined by title 76,
chapter 5, Montana Code Annotated (MCA 76-5-
101 et seq.), or land deemed to be subject to
flooding by the city, 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 ten vertical feet of a watercourse
draining an area of 25 square miles or
more; and
b. No official floodplain or floodway
delineation study of the watercourse
has been 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-year floodplain boundaries. The
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 development is:
a. Within 1,000 horizontal feet and less
than ten 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. Thesubdividerorotherdevelopershall:
(1) Demonstrate to the satisfaction
of the city engineering depart-
§ 38.31.090UNIFIED DEVELOPMENT CODE
CD38:247PROOFS
ment that the 100-year peak run-
off of the watercourse will not
affect the subdivision; or
(2) Delineate the existing and pro-
posed 100-year flood limits of
thestreamorstreamswithin1,000
feet of the proposed subdivision
and specify any mitigation that
may be required to protect the
proposed subdivision and adja-
cent properties from potential
flooding and erosion damage due
to any proposed changes within
the delineated flood limits.
d. The developer's professional engineer,
licensed in the state, shall provide
written certification to the city that the
mapped flood locations and proposed
mitigation shall protect against dam-
age 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 submit-
ted, upon the request of the city commis-
sion or development review committee, to
the floodplain management section, water
resources division, state department of nat-
ural resources and conservation, for review
and concurrence.
4. Contents of report. The required report
shall include the following information:
a. Certification. Certification of the re-
port by a registered professional engi-
neer.
b. Overall plan view. An overall scaled
plan view (project map) with identi-
fied 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) USGS gauging stations (if any).
c. Benchmark. The location and eleva-
tion of a temporary benchmark estab-
lished within the subdivision and ref-
erenced to mean sea level with
appropriate elevation adjustment.
d. Cross sectional information.
(1) Cross sections shall follow the
applicable guidelines established
by the state department of natu-
ral resource conservation. If ap-
plicable guidelines are not avail-
able, cross section information
shall be as follows:
(a) Crosssectionelevationsand
stations should be deter-
mined at points represent-
ing significant breaks in
groundslopeandatchanges
in the hydraulic character-
istics of the floodplain (e.g.,
points where ground cover,
soil or rock conditions
change). Elevations must
be reported in NAVD88 or
NGVD29 datum.
(b) Each cross section shall
cross the entire floodplain.
The cross section align-
ment should be perpendic-
ular to the general flow of
the watercourse, the slope
of the channel and the hy-
drauliccharacteristicsofthe
reach. A 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. Ad-
ditional cross sections must
be taken at bridges, control
structures or natural con-
strictions in topography.
§ 38.31.090 BOZEMAN MUNICIPAL CODE
CD38:248PROOFS
(2) Photogrammetric methods may
be used in lieu of cross sections
whenever appropriate and when
reviewed and approved by the
city engineer.
e. Bridges. Descriptions and sketches of
all bridges within the reach, showing
unobstructed waterway openings and
elevations.
f. Water surface. Elevations of the water
surface determined by survey as part
of each valley cross section.
g. Supporting documentation. Engineer-
ing report of computer computations,
calculations and assumptions that may
include:
(1) Hydrology (research of pub-
lished hydrology or calculations
showing how hydrology was de-
rived);
(2) Input files (hard copy and on
diskette or CD-ROM); and
(3) Output files (hard copy and on
diskettes or CD-ROM).
C.Waiver of requirement.The city engineer may
waive this requirement where the subdivider con-
tacts the water resources division, state department
of natural resources and conservation, 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 article.
(Ord. No. 1645, § 18.58.090, 8-15-2005; Ord. No.
1693, § 20(18.58.090), 2-20-2007)
Sec. 38.31.100. Rules forinterpretation of flood-
plain district boundaries.
The boundaries of the 100-year floodway shall
be determined by scaling distances on the official
floodplain maps and using the floodway data table
contained in the flood insurance study report. The
maps may be used as a guide for determining the
100-year floodplain boundary, but the exact loca-
tion of the floodplain boundary shall be determined
where the base flood elevation intersects the natural
ground. The floodplain administrator may require
an on-site survey and staking of the floodplain
boundary prior to issuance of any permit or any
development undertaken following issuance of a
permit.
(Ord. No. 1645, § 18.58.100, 8-15-2005; Ord. No.
1693, § 20(18.58.100), 2-20-2007)
Sec. 38.31.110. Warning and disclaimer of lia-
bility.
This article does not imply that areas outside the
delineated floodplain boundaries or permitted land
uses will always be totally free from flooding or
flood damages. 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.
(Ord. No. 1645, § 18.58.110, 8-15-2005; Ord. No.
1693, § 20(18.58.110), 2-20-2007)
Sec. 38.31.120. Disclosure provision.
All owners of property in an identified 100-year
floodplain as indicated on the official floodplain
maps must notify potential buyers or their agents
that such property is subject to the provisions of this
article.
(Ord. No. 1645, § 18.58.120, 8-15-2005; Ord. No.
1693, § 20(18.58.120), 2-20-2007)
Sec. 38.31.130. Administration of regulations.
A. As provided in section 38.31.060, the city
floodplain administrator has been designated by the
city commission, and has the responsibility of such
position as outlined in this article.
B. Section 38.23.100 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 consis-
tent 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
§ 38.31.130UNIFIED DEVELOPMENT CODE
CD38:249PROOFS
ensure all necessary permits have been received
from those governmental agencies from which ap-
proval 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, alter-
ation or substantial improvement of an
artificial obstruction meets the require-
ments of this article and other requirements
of this chapter. Additional factors that shall
be considered for every permit application
are:
a. The danger to life and property due to
increased flood heights, increased
floodwater 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 sani-
tation systems and the ability of these
systems to prevent disease, contami-
nation and unsanitary conditions;
d. The susceptibility of the proposed fa-
cility and its contents to flood damage
and the effects of such damage on the
individual owner;
e. The importance of the services pro-
vided by the facility to the commu-
nity;
f. The requirement of the facility for a
waterfront location;
g. The availability of alternative loca-
tions not subject to flooding for the
proposed use;
h. The compatibility of the proposed use
with existing development and antic-
ipated 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 chapter,
these regulations, the Montana Flood-
plain and Floodway Management Act
and the National Flood Insurance Pro-
gram.
D. 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 admin-
istrator. Unless the applicant has been notified that
the permit is denied, conditionally approved or If
additional information pertinent to the permit re-
view 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 chapter.
E. The city floodplain administrator shall adopt
such administrative procedures as may be necessary
to efficiently administer the provision of these
regulations.
F. The city floodplain administrator shall main-
tain such files and records as may be necessary to
document nonconforming uses, base flood eleva-
tions, 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. Such
files and records shall be open for public inspection.
In matters of litigation, the city attorney may restrict
access to specific records.
§ 38.31.130 BOZEMAN MUNICIPAL CODE
CD38:250PROOFS
G. The city floodplain administrator may require
whatever additional information is necessary to
determine whether the proposed activity meets the
requirements of these regulations. Additional infor-
mation may include hydraulic calculations assess-
ing the impact on base flood elevations or veloci-
ties, level survey or certification by a registered
land surveyor, professional engineer or licensed
architect that the requirements of these regulations
are satisfied.
H. Upon receipt of an application for a permit or
a variance, the city floodplain administrator shall
prepare a notice according to the requirements of
article 40 of this chapter.
I. Copies of all permits granted must be sent to
the state department of natural resources and con-
servation 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.
(Ord. No. 1645, § 18.58.130, 8-15-2005; Ord. No.
1693, § 20(18.58.130), 2-20-2007; Ord. No. 1769,
§ 11, 12-28-2009)
Sec. 38.31.140. 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 (includ-
ing dimensions) showing the nature, loca-
tion and elevation of the lot; existing and
proposed structure locations; fill, storage or
materialssite;floodproofingmeasures;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 struc-
tures; street or road finished grade eleva-
tions; 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, ex-
cavating, grading, bank stabilization, stor-
age of materials and location of utilities;
4. A professional engineer's or registered ar-
chitect's design calculations and certifica-
tion that the proposed activity has been
designed to be in compliance with these
regulations;
5. Certification of floodproofing and/or eleva-
tion shall be provided on a standard form
available from the city floodplain adminis-
trator; and
6. Adjoining owners. Names and addresses of
record owners of lots and tracts immedi-
ately adjoining the proposed floodplain per-
mit.
C. To determine that the permit specifications
and conditions have been completed, applicants
who have received permits are required to furnish
the following at the time of an on-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 build-
ings;
2. If floodproofing techniques were used for
buildings, the mean sea level elevation to
§ 38.31.140UNIFIED DEVELOPMENT CODE
CD38:251PROOFS
which the floodproofing was accomplished
must be certified by a structural engineer or
licensed architect in the same manner;
3. Certification shall also be required for arti-
ficial obstructions other than buildings, that
the activity was accomplished in accor-
dance with these regulations and the design
plans submitted with the application for the
permit activity. This certification may be
waived by the city floodplain administrator
if it can be clearly ascertained by a site
inspection that the activity was accom-
plished in accordance with these regula-
tions; and
4. Certification of floodproofing and/or eleva-
tion shall be provided on a standard form
available from the city floodplain adminis-
trator.
(Ord. No. 1645, § 18.58.140, 8-15-2005; Ord. No.
1693, § 20(18.58.140), 2-20-2007)
Sec. 38.31.150. Emergency waiver.
A. Emergency repair and replacement of se-
verely damaged public transportation facilities, pub-
lic water and sewer facilities, public utility electric-
ity and natural gas distribution facilities, and flood
control works may be authorized. Floodplain devel-
opment permit requirements may be waived if:
1. Upon notification and prior to emergency
repair and/or replacement, the city flood-
plain administrator determines that an emer-
gency condition exists warranting immedi-
ate action; and
2. The city floodplain administrator agrees
upon the nature and type of proposed emer-
gency 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 writ-
ten authorization would unduly delay the emer-
gency 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 autho-
rization had been previously given.
(Ord. No. 1645, § 18.58.150, 8-15-2005; Ord. No.
1693, § 20(18.58.150), 2-20-2007)
Sec. 38.31.160. Review; variances; appeals.
Appeals and variances from this article may be
taken as set forth in article 35 of this chapter. The
city floodplain administrator shall maintain records
of the variance notification and actions, including
justification for their issuance, and forward copies
of all variance actions to the state department of
natural resources and conservation and the Federal
Emergency Management Agency.
(Ord. No. 1645, § 18.58.160, 8-15-2005; Ord. No.
1693, § 20(18.58.160), 2-20-2007)
Sec. 38.31.170. Floodplain development; compli-
ance.
Any use, arrangement or construction not in
compliance as authorized by permit, shall be deemed
a violation of this article and punishable as provided
in article 34 of this chapter.An applicant is required
to submit certification by a registered professional
engineer, architect, land surveyor or other qualified
person designated by the city floodplain adminis-
trator that finished fill and lowest building floor
elevations, floodproofing, hydraulic design or other
flood protection measures were accomplished in
compliance with these regulations.
(Ord. No. 1645, § 18.58.170, 8-15-2005; Ord. No.
1693, § 20(18.58.170), 2-20-2007)
Sec. 38.31.180. Emergency preparedness; plan-
ning.
In formulating community development goals,
the community shall consider the development of a
plan for evacuating users of all development located
within floodprone areas. This plan should be devel-
oped, filed with, and approved by appropriate
community emergency management authorities.
(Ord. No. 1645, § 18.58.180, 8-15-2005; Ord. No.
1693, § 20(18.58.180), 2-20-2007)
§ 38.31.140 BOZEMAN MUNICIPAL CODE
CD38:252PROOFS
Sec. 38.31.190. Applications; specific standards.
The minimum floodplain development standards
listed in this article apply to the floodway and
floodway fringe portions of the 100-year floodplain
as delineated on the flood hazard area maps or other
flood hazard areas as may be determined by section
38.31.040.
(Ord. No. 1645, § 18.58.190, 8-15-2005; Ord. No.
1693, § 20(18.58.190), 2-20-2007)
Sec. 38.31.200. Floodway—Uses allowed with-
out floodplain permits.
A. When a site specific exemption or relaxation
of the standards of section 38.23.100 allow utiliza-
tion of a portion of the floodplain, the following
uses shall be allowed without a permit within the
floodway, provided that such uses conform to the
provisions of sections 38.31.350 through 38.31.390;
are not prohibited by any other ordinance, resolu-
tion or statute; and do not require fill, excavation,
permanent storage of materials, or equipment or
structures other than portable structures:
1. Agricultural uses;
2. Accessory uses such as loading and parking
areas associated with industrial and com-
mercial facilities;
3. Private and public recreational uses such as
golf courses, driving ranges, archery ranges,
picnicgrounds,boat-launchingramps,parks,
wildlife management and natural areas, fish
hatcheries, fishing areas, and hiking or
horseback riding trails;
4. Residential uses such as lawns, gardens,
parking areas and play areas;
5. Irrigation and livestock supply wells, pro-
vided that they are located at least 500 feet
from domestic water supply wells; and
6. Fences, except permanent fences crossing
channels.
(Ord. No. 1645, § 18.58.200, 8-15-2005; Ord. No.
1693, § 20(18.58.200), 2-20-2007)
Sec. 38.31.210. Floodway—Usesrequiringflood-
plain permits.
A. When a site specific exemption or relaxation
of the standards of section 38.23.100 allow utiliza-
tion 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:
1. Excavation of material from pits and pools
provided that:
a. 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 channel-
ing into the excavation;
b. The excavation meets all applicable
laws and regulations of other local
and state agencies; and
c. Excavated material is disposed of or
stockpiled outside the floodway;
2. Railroad, highway and street stream cross-
ings provided the crossings are designed to
offer minimal obstruction to flood flow.
Stream crossings shall not increase the
elevation of the 100-year flood more than
one-half foot nor cause a significant in-
crease in flood velocities;
3. Limited filling for highway, street and rail-
roadembankmentsnotassociatedwithstream
crossings, provided that:
a. Reasonable alternate transportation
routes outside the designated floodway
are not available; and
b. Such floodway encroachment is lo-
cated as far from the stream channel
as possible and shall not result in a
cumulative increase in base flood el-
evations, after allowable encroach-
ments into the floodway fringe, ex-
ceeding one-half foot;
§ 38.31.210UNIFIED DEVELOPMENT CODE
CD38:253PROOFS
4. Buried or suspended utility transmission
lines, provided that:
a. Suspended utility transmission lines
are designed so the lowest point of the
suspended line is at least six feet
higher than the base flood elevation;
b. Towers and other appurtenant struc-
tures are designed and placed to with-
stand and minimally obstruct flood
flows; and
c. Utilitytransmissionlinescarryingtoxic
or flammable materials are buried to a
depth of at least twice the calculated
maximum depth of scour for a 100-
year flood. The maximum depth of
scour shall be determined by hydrau-
lic engineering methods acceptable to
the city floodplain administrator;
5. Storage of materials and equipment, pro-
vided that:
a. The material or equipment is not sub-
ject to major damage by flooding and
is properly anchored to prevent floata-
tion or downstream movement; or
b. The material or equipment is readily
movable within the limited time avail-
able after flood warning. Storage of
flammable, toxic, hazardous or explo-
sive materials shall not be permitted;
6. Domestic water supply wells, provided that:
a. They are driven or drilled wells lo-
cated on ground higher than the sur-
rounding ground to ensure positive
drainage from the well;
b. Well casings are watertight to a dis-
tance of at least 25 feet below the
ground surface;
c. Water supply and electrical lines have
a watertight seal where the lines enter
the casing;
d. All pumps, electrical lines and equip-
ment are either submersible or ade-
quately floodproofed; and
e. Check valves are installed on main
water lines at wells and at all building
entry locations;
7. Substantial improvements to any structure
provided that the provisions of subsections
C, D or E of section 38.31.260 are met. In
the floodway, the structure must be
floodproofed or elevated on a permanent
foundation rather than on fill; and
8. All other artificial obstructions, substantial
improvements or nonconforming uses not
specifically listed or prohibited by these
regulations.
(Ord. No. 1645, § 18.58.210, 8-15-2005; Ord. No.
1693, § 20(18.58.210), 2-20-2007)
Sec. 38.31.220. Floodway—Permits for flood
control works.
A. It is desired that flood control be primarily
accomplished by on-site stormwater management,
protection of bank stabilizing vegetation, preserv-
ing an unobstructed floodplain and keeping devel-
opment away from areas prone to flooding. In the
event that adequate flood control can not be achieved
by these methods, flood control works shall be
allowed within floodways subject to the issuance of
a permit by the city floodplain administrator with
the following conditions:
1. Levees and floodwalls are permitted if:
a. The proposed levee or floodwall is
designed and construed to safely con-
vey a 100-year flood; and
b. The cumulative effect of the levee or
floodwall combined with allowable
floodway fringe encroachments does
not increase the unobstructed base
flood elevation more than one-half
foot. The city floodplain administrator
may establish either a lower or higher
permissible increase in the base flood
elevation for individual levee projects
only with concurrence from the state
department of natural resources and
conservation and the Federal Emer-
§ 38.31.210 BOZEMAN MUNICIPAL CODE
CD38:254PROOFS
gencyManagementAgencybasedupon
consideration of the following crite-
ria:
(1) The estimated cumulative effect
of any anticipated future permis-
sible uses; and
(2) The type and amount of existing
floodprone development in the
affected area;
c. The proposed levee or floodwall, ex-
cept those to protect agricultural land,
is constructed at least three feet higher
than the base flood elevation;
2. Bank stabilization methods provided that:
a. When selecting a bank stabilization
method, best management practices
consistent with the intent of this chap-
ter shall be used;
b. The bank stabilization method is de-
signed to withstand a 100-year flood;
c. The bank stabilization method does
not increase the base flood elevation;
and
d. The bank stabilization method will
not increase erosion upstream, down-
stream or adjacent to the stabilization
site;
3. Channelization projects if they do not sig-
nificantly increase the magnitude, velocity
or base flood elevation in the proximity of
the project;
4. Dams provided that:
a. They are designed and constructed in
accordance with the Montana Dam
Safety Act and applicable safety stan-
dards; and
b. They will not increase flood hazards
downstream, either through opera-
tional procedures or improper hydrau-
lic design.
(Ord. No. 1645, § 18.58.220, 8-15-2005; Ord. No.
1693, § 20(18.58.220), 2-20-2007)
Sec. 38.31.230. Floodway—Permits forwaterdi-
versions.
A. Permits for the establishment of a water
diversion or change in place of diversion shall not
be issued if, in the judgment of the city floodplain
administrator:
1. The proposed diversion will significantly
increase the upstream base flood elevation
to the detriment of neighboring property;
2. The proposed diversion is not designed and
constructed to minimize potential erosion
from a 100-year flood; and
3. Any permanent diversion structure crossing
the full width of the stream channel is not
designed and constructed to safely with-
stand a 100-year flood.
(Ord. No. 1645, § 18.58.230, 8-15-2005; Ord. No.
1693, § 20(18.58.230), 2-20-2007)
Sec. 38.31.240. Floodway—Prohibited uses.
A. The following artificial obstructions and non-
conforming uses are prohibited within the floodway:
1. New construction of any residential, com-
mercial or industrial structure including
manufactured homes;
2. Encroachments including fill, new construc-
tion, alterations, substantial improvements
and other development within the adopted
regulatory 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;
3. The construction or permanent storage of
an object subject to floatation or movement
during flooding;
4. Solid and hazardous waste disposal, sewage
treatment and sewage disposal systems;
5. Storage of toxic, flammable, hazardous or
explosive materials; and
§ 38.31.240UNIFIED DEVELOPMENT CODE
CD38:255PROOFS
6. Alterations of structures unless it can be
shown the alteration will not raise flood
heights.
(Ord. No. 1645, § 18.58.240, 8-15-2005; Ord. No.
1693, § 20(18.58.240), 2-20-2007)
Sec. 38.31.250. Floodway fringe—Uses allowed
without permits.
All uses allowed in the floodway, according to
the provisions of section 38.31.210 of these regu-
lations, shall also be allowed without a permit in the
floodway fringe.
(Ord. No. 1645, § 18.58.250, 8-15-2005; Ord. No.
1693, § 20(18.58.250), 2-20-2007)
Sec. 38.31.260. Floodway Fringe—Uses requir-
ing permits.
A. When a site specific exemption or relaxation
of the standards of section 38.23.100 allows utili-
zation of a portion of the floodplain, the uses
allowed in the floodway subject to the issuance of a
permit, according to the provisions of sections
38.31.220 through 38.31.240, 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, commer-
cial and industrial construction and suitable fill to
be allowed by permit from the city floodplain
administrator, subject to the following conditions:
1. Such structures or fill must not be prohib-
ited by any other statute, regulation, ordi-
nance or resolution;
2. Such structures or fill must be compatible
with local growth policies;
3. The new construction, alterations and sub-
stantial improvements of residential struc-
tures including manufactured homes must
be constructed on suitable fill such so that
the lowest floor elevation (including base-
ment) is two feet or more above the base
flood elevation. Any approved suitable 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 in all directions;
4. The new construction, alteration and sub-
stantial 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 must
be adequately floodproofed to an elevation
no lower than two 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,buoyancyandupliftforces
associated with the 100-year flood;
a. If the structure is designed to allow
internal flooding of areas below the
lowest floor, use of this space shall be
limitedtoparking,loadingareas,build-
ing access and storage of equipment
or materials not appreciably affected
by floodwaters. The floors and wall
shall be designed and constructed of
materials resistant to flooding to an
elevation no lower than two feet above
the base flood elevation. Walls shall
be designed to automatically equalize
hydrostatic forces by allowing for en-
try and exit of floodwaters. Openings
may be equipped with screens, lou-
vers, valves, other coverings or de-
vices which permit the automatic en-
try and exit of floodwaters;
b. Structures whose lowest floors are
used for a purpose other than parking,
loading or storage of materials resis-
tant to flooding shall be floodproofed
to an elevation no lower than two feet
above the base flood elevation.
Floodproofing shall include imperme-
able membranes or materials for floors
and walls and watertight enclosures
§ 38.31.240 BOZEMAN MUNICIPAL CODE
CD38:256PROOFS
for all windows, doors and other open-
ings. These structures shall also be
designed to withstand the hydrostatic,
hydrodynamic and buoyancy effects
of a 100-year flood; and
c. Floodproofing of electrical, heating
and plumbing systems shall be accom-
plished in accordance with sections
38.31.350 through 38.31.390;
5. All manufactured homes placed in the
floodway fringe must have the chassis se-
curely anchored to a foundation system that
will resist floatation, collapse or lateral
movement. Methods of anchoring may in-
clude, but are not limited to, over-the-top or
frame ties to ground anchors. The following
conditions also apply:
a. When a manufactured home is al-
tered, replaced because of substantial
damage as a result of a flood, or
replaced on an individual site, the
lowest floor must be elevated two feet
above the base flood elevation. The
home can be elevated on fill or raised
on a permanent foundation of rein-
forced concrete, reinforced mortared
block, reinforced piers or other foun-
dation elements of at least equivalent
strength; and
b. Replacement or substantial improve-
ment of manufactured homes in an
existing manufactured home commu-
nity or subdivision must be raised on
a permanent foundation. The lowest
floor must be at least 36 inches above
the ground or raised two feet above
the base flood elevation, whichever is
less. The foundation must consist of
reinforced concrete, reinforced mor-
tared block, reinforced piers or other
foundation elements of at least equiv-
alent strength;
c. Manufactured homes proposed for use
as commercial or industrial structures
must be elevated and anchored, rather
than floodproofed;
6. Fill material placed in the 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;
7. 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 dan-
ger to the public health or safety, the facility
shall be located two feet above the base
flood elevation; and
8. Agricultural structures that have a low dam-
age 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;
a. 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.
(Ord. No. 1645, § 18.58.260, 8-15-2005; Ord. No.
1693, § 20(18.58.260), 2-20-2007; Ord. No. 1769,
§ 12, 12-28-2009)
Sec. 38.31.270. Floodplain—Prohibited uses.
A. The following artificial obstructions and non-
conforming uses are prohibited within the floodway
fringe:
1. Solid and hazardous waste disposal; and
2. Storage of highly toxic, flammable, hazard-
ous or explosive materials. Storage of pe-
troleum products may be allowed by permit
if stored on compacted fill at least two feet
above the base flood elevation and an-
chored to a permanent foundation to pre-
vent downstream movement.
(Ord. No. 1645, § 18.58.270, 8-15-2005; Ord. No.
1693, § 20(18.58.270), 2-20-2007)
§ 38.31.270UNIFIED DEVELOPMENT CODE
CD38:257PROOFS
Sec. 38.31.280. Floodplain areas with flood ele-
vations and no delineated
floodway.
A. Adevelopment proposed for a 100-year flood-
plain, where water surface elevations are available
but no floodway is delineated, may not significantly
increase flood velocities or depths or generally alter
patterns of flood flow. The provisions of sections
38.31.250 through 38.31.270 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:
1. 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-year
floodwater surface profile caused by the
proposed development.
B. Permits for such proposed development may
be modified or denied if the additional information
shows that the proposed use would cause an addi-
tional flood hazard to adjacent property or signifi-
cantly 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.
(Ord. No. 1645, § 18.58.280, 8-15-2005; Ord. No.
1693, § 20(18.58.280), 2-20-2007)
Sec. 38.31.290. Shallow flooding (AO zones).
A. Shallow flooding areas are delineated as AO
zone floodplains on the flood insurance rate maps.
The provisions of section 38.31.260 shall apply to
anyAO zone floodplains. The depth of the 100-year
flood is indicated as the depth number on the flood
insurance rate maps. 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 provi-
sions of subsections C and D of section 38.31.260.
In the absence of depth or elevation information, a
minimum two-foot flood depth shall be used.
B. Floodplain boundary interpretation. The city
floodplain administrator shall make interpretations
where needed as to the exact location of anAO zone
floodplain boundary when there is a conflict be-
tween a mapped boundary and actual field condi-
tions.
(Ord. No. 1645, § 18.58.290, 8-15-2005; Ord. No.
1693, § 20(18.58.290), 2-20-2007)
Sec. 38.31.300. Applicability to unnumbered A
zones.
The minimum floodplain development standards
listed in this section apply to the 100-year flood-
plains delineated by approximate methods and iden-
tified as unnumbered A zones on the flood insur-
ance rate maps.
(Ord. No. 1645, § 18.58.300, 8-15-2005; Ord. No.
1693, § 20(18.58.300), 2-20-2007)
Sec. 38.31.310. A zones—Uses allowed without
permits.
All uses allowed in a floodway, according to the
provisions of section 38.31.210, shall also be al-
lowed without a permit in unnumbered A zone
floodplains.
(Ord. No. 1645, § 18.58.310, 8-15-2005; Ord. No.
1693, § 20(18.58.310), 2-20-2007)
Sec. 38.31.320. Same—Uses requiring permits.
A. Allusesallowedinthefloodwayandfloodway
fringe subject to the issuance of a permit according
to the provisions of section 38.31.260, shall require
permits from the city floodplain administrator for
unnumbered A zone floodplains. Also, the provi-
sions of section 38.31.260 apply to the A zone
floodplains with no floodway delineated or water
surface profile computed. Since there are no 100-
year floodwater surface profiles computed for A
zone floodplains, the following conditions also
apply:
1. Elevation data on the 100-year flood shall
be provided for subdivision proposals ac-
§ 38.31.280 BOZEMAN MUNICIPAL CODE
CD38:258PROOFS
cording to the definitions and rules of the
Montana Sanitation in Subdivisions Act,
title 76, chapter 4, part 1, Montana Code
Annotated (MCA 76-4-101 et seq.) and the
rules adopted by Department of Environ-
mental Quality under this Act. These data
shall be used in applying subsections C, D
and E of section 38.31.270. Subdivision
proposals shall also provide for adequate
drainage to minimize potential flood haz-
ards;
2. The city floodplain administrator may ob-
tain, review and reasonably use any base
flood elevation and floodway data available
from federal, state or other sources, until
such data have been provided by FEMA, to
enforce subsections C and D of section
38.31.270;
3. The city floodplain administrator may use
historical flood elevations to determine suit-
able fill or floodproofing elevations as re-
quired by subsections C and D of section
38.31.270;
4. If historical flood evidence is not available,
then the city floodplain administrator shall
determine, from a field review at the pro-
posed development site, an appropriate fill
or floodproofing elevation to use in apply-
ingsubsectionsCandDofsection38.31.270.
In the absence of depth or elevation infor-
mation, a minimum two foot flood depth
shall be used; and
5. Proposed structures must be anchored to
prevent floatation or collapse and must be
located as far from stream channels as
practicable.
(Ord. No. 1645, § 18.58.320, 8-15-2005; Ord. No.
1693, § 20(18.58.320), 2-20-2007)
Sec. 38.31.330. Same—Prohibited uses.
Those uses prohibited in the floodway fringe, in
accordance with section 38.31.270, shall also be
prohibited within the A zone floodplain boundaries.
(Ord. No. 1645, § 18.58.330, 8-15-2005; Ord. No.
1693, § 20(18.58.330), 2-20-2007)
Sec. 38.31.340. Same—Floodplain boundary in-
terpretation.
The city floodplain administrator shall make
interpretations where needed as to the exact loca-
tion of the unnumberedAzone floodplain boundary
when there is a conflict between a mapped bound-
ary and actual field conditions.
(Ord. No. 1645, § 18.58.340, 8-15-2005; Ord. No.
1693, § 20(18.58.340), 2-20-2007)
Sec. 38.31.350. 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.
(Ord. No. 1645, § 18.58.350, 8-15-2005; Ord. No.
1693, § 20(18.58.350), 2-20-2007)
Sec. 38.31.360. Same—Conformance.
Permitted floodproof systems shall conform to
the conditions listed in sections 38.31.370 through
38.31.390 and the floodproofing standards listed in
subsection D of section 38.31.260 for commercial
and industrial structures.
(Ord. No. 1645, § 18.58.360, 8-15-2005; Ord. No.
1693, § 20(18.58.360), 2-20-2007)
Sec. 38.31.370. Same—Electrical systems.
A. All incoming power service equipment, in-
cluding all metering equipment, control centers,
transformers, distribution and lighting panels, and
all other stationary equipment must be located at
least two 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 submers-
ible plug-and-socket assembly;
C. The main power service line shall have auto-
matic or manually operated electrical disconnect
equipment located at an accessible location outside
the 100-year floodplain and above the base flood
elevation; and
§ 38.31.370UNIFIED DEVELOPMENT CODE
CD38:259PROOFS
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.
(Ord. No. 1645, § 18.58.370, 8-15-2005; Ord. No.
1693, § 20(18.58.370), 2-20-2007)
Sec. 38.31.380. Same—Heating systems.
A. Float operated automatic control valves must
be installed in gas furnace supply lines so that the
fuel supply is automatically shut off when floodwa-
ters reach the floor level where the furnace is
located;
B. Manually operated gate valves must be in-
stalled in gas supply lines. The gate valves must be
operable from a location above the elevation of the
100-year flood; and
C. Electric heating systems must be installed in
accordance with the provisions of International
Building Code and any other applicable regulations.
(Ord. No. 1645, § 18.58.380, 8-15-2005; Ord. No.
1693, § 20(18.58.380), 2-20-2007)
Sec. 38.31.390. Same—Plumbing systems.
A. Sewer lines, except those to be buried and
sealed in vaults, must have check valves installed to
prevent sewage backup into permitted structures;
and
B. All toilet stools, sinks, urinals and drains
must be located so the lowest point of possible
water entry is at least two feet above the elevation
of the 100-year flood.
(Ord. No. 1645, § 18.58.390, 8-15-2005; Ord. No.
1693, § 20(18.58.390), 2-20-2007)
Sec. 38.31.400. Violation—Notice.
The city floodplain administrator shall bring any
violation of this article to the attention of the local
governing body, its legal council and the state
department of natural resources and conservation.
(Ord. No. 1645, § 18.58.400, 8-15-2005; Ord. No.
1693, § 20(18.58.400), 2-20-2007)
Sec. 38.31.410. Same—Penalty.
Violation of the provisions of this article 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
article 34 of this chapter.
(Ord. No. 1645, § 18.58.410, 8-15-2005; Ord. No.
1693, § 20(18.58.410), 2-20-2007)
ARTICLE 32. NONCONFORMING
SITUATIONS
Sec. 38.32.010. Nonconforming uses.
A. Any use lawfully existing upon the effective
date of the ordinance from which this chapter or any
predecessor title or code is derived may be contin-
ued at the size and in the manner of operation
existing upon such date except as hereinafter spec-
ified, or in the case of signage as specified in article
28 of this chapter.
B. Except as otherwise specified in this article,
the right to operate and maintain a nonconforming
use shall terminate when the structure or structures
housing such use are removed beyond 50 percent of
the market value, razed or suffer substantial damage
as defined in article 42 of this chapter. However, in
the event of damage by fire, wind, earthquake or
other natural disaster to the extent described herein,
said nonconforming use or uses may be reestab-
lished through a conditional use permit procedure
as set forth in article 19 of this chapter. Such
restoration shall comply to the maximum extent
reasonably feasible with the requirements of this
chapter.
C. When any lawful nonconforming use of any
structure or land in any district has been changed to
a conforming use, it shall not thereafter be changed
to any nonconforming use.
D. Whenever a lawful nonconforming use of a
building, structure or land is discontinued for a
period of 90 days, any future use of the building,
structure or land shall be in conformity with the
provisions of this chapter.
§ 38.31.370 BOZEMAN MUNICIPAL CODE
CD38:260PROOFS
E. Normal maintenance of a building or other
structure containing or related to a lawful noncon-
forming use is permitted, including necessary struc-
tural repairs, provided such structural repairs do not
enlarge, intensify or otherwise redefine the noncon-
forming use.
(Ord. No. 1645, § 18.60.010, 8-15-2005; Ord. No.
1693, § 21(18.60.010), 2-20-2007)
Sec. 38.32.020. Changes to orexpansions of non-
conforming uses.
A.Lawful nonconforming nonresidential use.
1. A lawful nonconforming nonresidential use
shall not be changed except in conformance
with the use requirements of the zone in
which it is located. Except, however, a
lawful nonconforming nonresidential use
may be changed to another nonconforming
use, provided that the proposed use is not of
greater intensity than the original use, as
determined by the criteria in section
38.32.020.A.2, and that a conditional use
permit is obtained from the city commis-
sion. A lawful nonconforming nonresiden-
tial use may be expanded only through the
granting of a conditional use permit by the
city commission. In considering the appro-
priateness of the conditional use permit
application, the city commission shall weigh
the criteria set forth in subsection B of this
section. In addition, the commission shall
consider whether the expansion is reason-
able, natural and incidental to the growth
and use of an existing business. In general,
proposals to expand nonconforming uses
shall not be approved if the expansion
would encompass new land or property
which was not in use at the time of the
enactment of zoning or a change in zoning.
2. To approve a conditional use permit to
change or expand a nonconforming nonres-
idential use, the city commission shall de-
termine that the proposed nonconforming
use is more appropriate to the district than
the existing nonconforming use, and that no
unsafe or unhealthy conditions are perpet-
uated. In making such a determination, the
commission shall weigh the following cri-
teria in addition to the criteria applicable to
all conditional use permits:
a. Trafficimpacts,bothon-siteandoffsite;
b. Off-street parking and loading require-
ments;
c. The visual impact on the surrounding
area;
d. The degree of compliance with the
adopted growth policy and this chap-
ter;
e. The level of conflict with other uses in
the surrounding area;
f. The presence of other nonconformi-
ties in the surrounding area;
g. The degree to which any existing
unsafe or hazardous conditions would
be mitigated;
h. The viability of the subject structure;
and
i. On-siteandoff-siteimpactsfromnoise,
dust, smoke, surface or groundwater
contamination, or other environmen-
tal impacts.
B.Lawful nonconforming residential use.
1. A lawful nonconforming residential use
may be reduced in terms of the number of
dwelling units, in an effort to achieve greater
conformance with the underlying zoning
designation, through the review process
required by articles 16, 17, and 19 of this
chapter, without the need to obtain a con-
ditional use permit from the city commis-
sion. A lawful nonconforming residential
use shall not be permitted to increase the
number of dwelling units.
2. The maintenance and reconstruction of ex-
isting nonconforming residential dwelling
units is allowed, in compliance with appli-
cable fire and building codes, including
§ 38.32.020UNIFIED DEVELOPMENT CODE
CD38:261PROOFS
expansion of up to 20 percent of the exist-
ing total residential area, without the need
of a conditional use permit from the city
commission, as long as the number of
dwelling units on the lot is not increased. In
instances where new construction is al-
lowed, all appropriate approvals such as a
certificate of appropriateness or building
permit shall be obtained prior to the initia-
tion of construction.
(Ord. No. 1645, § 18.60.020, 8-15-2005; Ord. No.
1693, § 21(18.60.020), 2-20-2007)
Sec. 38.32.030. Nonconforming area and bulk
requirements for existing lots.
A. At the time of the enactment of the ordinance
from which this chapter is derived if any owner of
a plot of land consisting of one or more adjacent
lots, as defined in article 42 of this chapter, in a
subdivision of record does not own sufficient land
within the lot of record to enable the owner to
conform to the minimum lot size requirements, or
does not have sufficient lot width to conform to the
minimum lot width requirements, such plot of land
may nevertheless be used as a building site. The lot
dimension requirements of the district in which the
piece of land is located may be reduced by the
smallest amount that will permit a structure of
acceptable size to be built upon the lot, with such
reduction to be determined by the city commission.
Existing buildings on nonconforming lots may be
expanded without deviations or variances so long as
the expansion does not increase or create one or
more nonconformities.
1. In the R-S, R-1 and R-2 districts, the
reduction shall permit only a single-house-
hold residence.
2. In the R-3, R-4 and R-O districts, the
reduction shall permit only a duplex.
B. No lot, even though it may consist of one or
more adjacent lots in common ownership at the
time of passage of the ordinancefrom which this
chapter is derived, shall be reduced in size so that
lot width or size of yards or lot area per household
or any other requirement of this chapter is not
maintained except as provided for in this chapter.
This section views lots as merged for the purposes
of planning and zoning regulation of bulk, size, or
similar dimensional standards only, and does not
aggregate individual parcels of land in a manner
affected by MCA 76-3-103(17)(b). This section
shall not apply when a portion of a lot is acquired
for a public purpose.
C. Adjacent parcels which do not conform to
minimum lot requirements, and which are in com-
mon ownership, shall be considered individual lots
of record for the purposes of this code only if they
are each greater than one acre in size and were
created prior to the passage of the ordinance codi-
fied in this chapter.
(Ord. No. 1645, § 18.60.030, 8-15-2005; Ord. No.
1693, § 21(18.60.030), 2-20-2007)
Sec. 38.32.040. Nonconforming structures.
A. Any nonconforming structure lawfully exist-
ing upon the effective date of the ordinance from
which this chapter is derived may be continued at
the size and configuration existing upon such date
except as hereinafter specified, or in the case of
signage as specified in article 28 of this chapter and
lighting as specified in section 38.23.150.O.
B. The right to operate and maintain a noncon-
forming structure shall terminate when the structure
is removed beyond 50 percent of the market value,
razed or substantially damaged. However, in the
event of damage by fire, wind, earthquake or other
natural disaster to the extent described herein, said
nonconforming nonresidential structure may be re-
established through a conditional use permit proce-
dure as set forth in article 19 of this chapter. Such
restoration shall comply to the maximum extent
feasible with the requirements of this chapter.
C. Normal maintenance of a lawful nonconform-
ing structure is permitted, including necessary struc-
tural repairs provided such structural repairs do not
enlarge the structure or intensify the use.
(Ord. No. 1645, § 18.60.040, 8-15-2005; Ord. No.
1693, § 21(18.60.040), 2-20-2007)
§ 38.32.020 BOZEMAN MUNICIPAL CODE
CD38:262PROOFS
Sec. 38.32.050. Changes to orexpansions of non-
conforming structures.
A. A lawful nonconforming structure shall not
be changed except in conformance with the require-
ments of the zone in which it is located or as
provided in this article.
B. A lawful nonconforming structure may be
expanded through the plan review process required
by articles 16, 17 and 19 of this chapter. Unless the
proposed expansion would create a new nonconfor-
mity or increase an existing nonconformity, no
deviation or variance is required for the expansion.
C. If a lawful nonconforming structure is pro-
posed to be changed or expanded in a manner which
would increase the degree of nonconformity, or
would create a new nonconformity, a deviation or
variance shall be properly granted prior to or in
conjunction with the site development approval
required in articles 16, 17, and 19 of this chapter.
D. The maintenance and reconstruction of exist-
ing nonconforming residential structures is allowed,
in compliance with applicable fire and building
codes, as well as, the provisions of this article, so
long as the number of dwelling units on the lot is
not increased. Maintenance activities may not in-
crease the degree of nonconformity.
(Ord. No. 1645, § 18.60.050, 8-15-2005; Ord. No.
1693, § 21(18.60.050), 2-20-2007)
ARTICLE 33. DEVELOPMENT REVIEW
COMMITTEE (DRC), DESIGN REVIEW
BOARD (DRB), ADMINISTRATIVE DESIGN
REVIEW STAFF (ADR), WETLANDS
REVIEW BOARD (WRB), BOARD OF
ADJUSTMENT (BOA)
Sec. 38.33.010. Purpose of DRC, DRB, ADR,
WRB, and BOA.
A.Purpose.The development review committee
(DRC), design review board (DRB), administrative
design review staff (ADR) and wetlands review
board (WRB) are established to coordinate, expe-
dite and ensure fair and equitable implementation of
this chapter. 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 con-
sideration to present and future property values, and
to carry out the purposes of this chapter. All bodies
authorized under this article 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 respon-
sibility.
1.DRC.The DRC is established to evaluate
all proposals subject to the provisions of
this chapter. The DRC is the body charged
with reviewing items relating to public
health and safety.
a. The DRC shall act as an advisory
body to the planning director for site
plans when no variance or deviation is
requested; and
b. The DRC shall act as an advisory
body to the city commission or board
of adjustment for larger and more
complex proposals including condi-
tional use permits, planned unit devel-
opments, all site plans involving vari-
ances 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 pro-
duce significant community impact and to
provide recommendations regarding such
proposals to the planning director or city
commission, subject to the provisions of
this chapter.
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
section 38.19.040.C when no variance
or deviation is requested; and
§ 38.33.010UNIFIED DEVELOPMENT CODE
CD38:263PROOFS
b. The DRB shall act as an advisory
body to the city commission or board
of adjustment regarding:
(1) Site plans within overlay dis-
tricts meeting one or more of the
thresholds of section 38.19.040.C
when variances or deviations are
requested;
(2) Conditional use permits located
within overlay districts, but ex-
cluding 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, ap-
ply specific guidelines related to such
concerns as architectural appearance,
landscape design and signage for the
construction and/or alteration of struc-
tures, sites or areas;
d. The DRB may review applicable de-
velopment proposal applications for
zoning text amendments, or applica-
tions for moving, demolition or any
other kind of permit that may affect
properties located within entryway cor-
ridors;
e. The DRB has responsibility for proj-
ects subject to section 38.19.040.C.
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 com-
munity impact and to provide recommen-
dations regarding such proposals to the
planning director and city commission, sub-
ject to the provisions of this chapter.
a. The ADR staff shall act as the ap-
provalauthorityforsketchplanswithin
overlay districts when no variance or
deviation is requested;
b. TheADR staff shall act as an advisory
body to the planning director for site
plans within overlay districts not meet-
ing one or more of the thresholds of
section 38.19.040.C when no variance
or deviation is requested;
c. TheADR staff shall act as an advisory
body to the planning director regard-
ing reuse/further development permits
within overlay districts; and
d. TheADR staff shall act as an advisory
body to the city commission or board
ofadjustmentregardingallsketchplans
and site plans not meeting one or
more of the thresholds section
38.19.040.B within overlay districts
when variances or deviations are re-
quested, for conditional use permits
for accessory dwelling units, condi-
tional use permits where no additional
building area will be created, and
nonPUD divisions of land;
e. The ADR may develop, and after
adoption by the city commission, ap-
ply specific guidelines related to such
concerns as architectural appearance,
landscape design and signage for the
construction and/or alteration of struc-
tures, sites or areas; and
f. The ADR may review applicable de-
velopment proposal applications for
zoning amendments, or applications
for moving, demolition or any other
kind of permit that may affect proper-
ties located within entryway corri-
dors.
§ 38.33.010 BOZEMAN MUNICIPAL CODE
CD38:264PROOFS
4.WRB.The WRB is established to review
wetland related submittal materials, prepare
functional assessments of regulated wet-
lands that may be impacted by proposed
regulated activities, evaluate the impacts
proposed regulated activities may have on
delineated wetlands and to provide wet-
lands protection, mitigation and/or enhance-
ment recommendations regarding such pro-
posals to the planning director, board of
adjustment, and city commission, subject to
the provisions of this chapter.
a. The WRB shall act as an advisory
bodytotheplanningdirectorforsketch
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 includ-
ing conditional use permits, planned
unit developments, subdivisions, all
site plans involving variances or de-
viations, divisions of land, zone map
amendments, and other actions as re-
quested by staff or the commission.
5.BOA.The BOA is established to consider
zoningvariances,deviations,siteplanswhich
include variance or deviations, and condi-
tional use permits, subject to the provisions
of this chapter. Variances and deviations are
subject to article 35 of this chapter and
conditional use permits are subject to arti-
cle 19 of this chapter, in addition to the
other relevant aspects of this chapter.
B.Development review committee procedures
established.To implement this purpose, certain
procedures shall be adopted to include, but not be
limited to, a regularly scheduled weekly or bi-
weekly meeting attended by representatives of each
of the city departments charged with development
review. Each department shall have the ability and
authority to require the DRC to make a recommen-
dation of denial when in their view the project can
not meet the requirements and review criteria of this
chapter 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 depart-
ment, shall be made setting forth the DRC's recom-
mendation to the planning director, board of adjust-
ment, 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 supple-
mental procedural rules that will ensure the accom-
plishment of the stated purpose and promote the
efficiency and effectiveness of the developmental
review process.
1. The DRC shall at a minimum be composed
of the following personnel: city engineer,
fire marshal, the streets superintendent, the
sanitation superintendent, the water/sewer
superintendent, the planning director and
the building official. When necessary, other
members of the committee may include: the
director of public safety, the superintendent
of facilities and public lands, the superin-
tendent of recreation, the city manager,
with other individuals to be included as
necessary at the planning director's request.
2. When applicable, the DRC may solicit the
input of noncity agencies and persons in-
cluding, but not limited to, the county
subdivision review officer, the county san-
itarian, the county road superintendent, and
state or federal agencies, with other indi-
viduals to be included as necessary.
C.Design review board procedures established.
To implement this purpose, certain procedures shall
be adopted to include, but not be limited to, a
regularly scheduled weekly or biweekly meeting
attended by members of the DRB. Written meeting
reviews setting forth decisions and findings shall be
made. These records shall be preserved as part of
the official proceedings for each developmental
proposal. Lastly, the DRB shall generally follow
"Robert's Rules of Order" and may prepare and
§ 38.33.010UNIFIED DEVELOPMENT CODE
CD38:265PROOFS
adopt supplemental procedural rules, upon the ap-
proval of the city commission, that will ensure the
accomplishment of the stated purpose and promote
the efficiency and effectiveness of the design re-
view process.
1. The DRB shall consist of six professional
and two nonprofessional members. Profes-
sional members shall be degreed in their
respective disciplines and/or otherwise li-
censed or certified by their respective pro-
fessional authorities. An appointment to a
term of service on the DRB is for two years.
The professional contingent shall consist of
three architects and at least one architec-
tural 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 individ-
uals with an interest in, or knowledge of,
urban design or historic preservation. No
member of the DRB shall serve concur-
rently 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 pre-
vent delay in project reviews.
2. In selecting the members, the city commis-
sion shall give preference to residents of the
city. However, where a qualified profes-
sional resident is not available to serve, the
city commission may appoint a profes-
sional member who practices profession-
ally, owns property or owns a business
within the city. Where a nonprofessional
resident is not available to serve, the city
commission may appoint a nonprofessional
member who works, owns property or owns
a business within the city.
D.Administrative design review staff procedures
established.To implement the purposes of this
chapter, procedures shall be adopted for the admin-
istrative evaluation of a proposal without public
notice or comment, unless a deviation from the
underlying zoning is requested.After a proposal has
been evaluated by the ADR staff, they shall issue a
written decision that shall include findings and may
include a notice of required corrections. The ADR
staff may call a conference with the applicant to
determine design alternatives, or the applicant may
call a conference with the ADR staff for the same
purpose. Any such conference shall be conducted
prior to the issuance of a building permit for the
proposal.
1. ADR staff shall consist of two planning
department staff members. One member
shall be degreed or otherwise licensed or
certified by such member's respective pro-
fessional authorities in an environmental
design discipline such as architecture, land-
scape architecture or urban design. The
second member shall be the planning direc-
tor who may or may not be degreed in
architecture. In the event that necessary
ADR staff is not available, the DRB may
act to provide design review services.
E.Waiver of design review.In the event that
neither the DRB nor theADR staff as established in
this article are able to complete a quorum or have
the necessary personnel to conduct the reviews
otherwise required by this chapter, 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 articles 16, 17, 20, and
30 of this chapter.
F.Wetlands review board procedures estab-
lished.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 article 30 of this chapter. 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
§ 38.33.010 BOZEMAN MUNICIPAL CODE
CD38:266PROOFS
shall generally follow "Robert's Rules of Order"
and may prepare and adopt supplemental proce-
dural rules, upon the approval of the city commis-
sion, that will ensure the accomplishment of the
stated purpose and promote the efficiency and
effectiveness of the wetland review process.
1. The WRB shall consist of six members. An
appointment to a term of service on the
WRB is for two years. Members shall be
degreed in their respective disciplines and/or
otherwise licensed or certified by their
respective professional authorities. Mem-
bers shall have experience in at least one of
the following wetland and/or stream spe-
cializations: ecology, soils, botany, and/or
hydrology.
2. In selecting the members, the city commis-
sion shall give preference to residents of the
city. However, where a qualified resident is
not available to serve, the city commission
may appoint a member who practices pro-
fessionally, owns property or owns a busi-
ness 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 regularly scheduled weekly or
biweekly meeting attended by members of the
BOA.Arecord of the reviews and decisions shall be
made. These records shall be preserved as part of
the official proceedings for each development pro-
posal. Lastly, the BOAshall generally follow "Rob-
ert's Rules of Order" and may prepare and adopt
supplemental procedural rules, upon the approval of
the city commission, that will ensure the accom-
plishment of the stated purpose and promote the
efficiency and effectiveness of the review process.
1. The BOA shall consist of seven members.
The term of appointment is for three years,
with staggered terms. Members shall be
appointed by the city commission. A mem-
ber may be removed per MCA 76-2-322.
The concurring vote of four members of the
board is required to take official action.
2. In selecting the members, the city commis-
sion shall give preference to residents of the
city. However, where a qualified resident is
not available to serve, the city commission
may appoint up to one nonresident member
who practices professionally, owns prop-
erty or owns a business within the city.
a. Preference should be given to appli-
cants 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 ad-
justment.
(Ord. No. 1645, § 18.62.010, 8-15-2005; Ord. No.
1670, § 18.62.010, 8-28-2006; Ord. No. 1693,
§ 22(18.62.010), 2-20-2007; Ord. No. 1761, exh.
L(18.62.010), 7-6-2009; Ord. No. 1769, exh.
K(18.62.010), 12-28-2009)
Sec. 38.33.020. General procedures, notice and
timing.
A.Informal advice and direction.A person or
organization considering any construction, building
or site alteration, rezoning or other development
activity, may approach the DRC, DRB, ADR or
WRB for informal advice and direction. Such
discussion shall be treated as advisory by both
parties and shall record only the fact that contact
had been made. An informal review by the DRC
and/or DRB may be requested by submitting a
completed application form provided by the plan-
ning director along with any schematic develop-
ment plans or written narrative at least one week
prior to the next regularly DRC and/or DRB meet-
ing. An informal review by the WRB may be
requested by submitting a completed application
form provided by the planning director along with a
wetland delineation for the regulated wetland, de-
velopment plans or written narrative describing the
proposed regulated activity and a WRB meeting
§ 38.33.020UNIFIED DEVELOPMENT CODE
CD38:267PROOFS
will be convened within two weeks of application
submittal. A fee, set in accordance with the fee
resolution adopted by the city commission, shall be
charged for an informal review. No application is
required for informal review or advice by the ADR
staff.
B.Formal application.An application for DRC,
DRB, ADR and/or WRB consideration of a devel-
opment proposal must be submitted utilizing a form
available from the planning director. Material to be
submitted with the application shall include the
elements set forth within the requirements for the
type of proposal to be considered, i.e., sketch plan,
site plan, conditional use permit, certificate of
appropriateness, planned unit development, divi-
sions of land, etc., as outlined in this chapter. It is
recommended that the applicant discuss the appli-
cation informally with the DRC, DRB, ADR or
WRB prior to formal submission to help expedite
the process. Depending upon the size of the pro-
posed project, its location and type, the applicant
may be directed to one or more agencies of the city
for processing.
C.Public notice.Public notice for any proposal
before the DRC, DRB, ADR or WRB that requires
such notice shall be provided in accordance with
article 40 of this chapter.
D.DRC, DRB, ADR or WRB action.By no later
than 30 working days from the date of the first
regularly scheduled DRC and/or DRB meeting, or a
meeting convened by the WRB, at which the
applicants' proposal was initially reviewed, the
DRC, DRB or WRB shall take action to recommend
approval, approval with conditions, table pending
submission of revised or additional materials or
recommend denial of the applicant's proposal, un-
less the applicant grants a written extension to the
review period. For proposals subject to ADR re-
view, the ADR staff shall approve, approve with
conditions, delay pending submission of revised or
additional materials or deny the applicant's pro-
posal.
E.BOA action.After the applicants' proposal is
found sufficient for review, the schedule for BOA
action to approve, approve with conditions, table
pending submission of revised or additional mate-
rials, or deny the applicant's proposal shall be
established.
(Ord. No. 1645, § 18.62.020, 8-15-2005; Ord. No.
1670, § 18.62.020; Ord. No. 1693, § 22(18.62.020),
2-20-2007; Ord. No. 1761, exh. L(18.62.020), 7-6-
2009; Ord. No. 1769, exh. K(18.62.020), 12-28-
2009)
ARTICLE 34. ADMINISTRATION, FEES
AND PENALTIES
Sec. 38.34.010. Review authority.
A. The city commission has the right to review
and require revisions to all development proposals
subject to this chapter, and delegates that authority
in certain circumstances as set forth in this section
to the planning director and board of adjustment,
reserving to itself the right to hear appeals from
decisions of the planning director and informational
hearings required by MCA 76-2-402. The purpose
of this review is to prevent demonstrable adverse
impacts of the development upon public safety,
health or general welfare, or to provide for its
mitigation; to protect public investments in roads,
drainage facilities, sewage facilities, water facili-
ties, and other facilities; to conserve the value of
adjoining buildings and/or property; to protect the
character of the city; to protect the right of use of
property; advance the purposes and standards of
this chapter and the adopted growth policy; and to
ensure that the applicable regulations of the city are
upheld.
B. The planning director shall, upon recommen-
dation from the DRC, DRB, ADR or WRB as may
be applicable approve, approve with conditions or
deny all applications subject to this chapter, except
master site plans, conditional use permits, planned
unit developments and subdivisions, or any appli-
cation involving deviations or variances. Decisions
of the planning director are subject to the appeal
provisions of article 35 of this chapter.
1. Exception. The city commission may, by an
affirmative, simple majority, vote of its
§ 38.33.020 BOZEMAN MUNICIPAL CODE
CD38:268PROOFS
members at a regularly scheduled meeting
reclaim to itself the final approval of a
development normally subject to the ap-
proval of the planning director. The vote
shall occur prior to the action of the plan-
ning director.
C. The board of adjustment shall, upon recom-
mendation from the DRC, DRB, ADR or WRB as
may be applicable approve, approve with condi-
tions or deny applications for all variances and
deviations, site/sketch plans with variances or de-
viations, or conditional use permits subject to this
chapter, except planned unit developments and
subdivisions. Decisions of the BOA are subject to
the appeal provisions of article 35 of this chapter.
1. Exception. The city commission may, by an
affirmative vote of three of its members at
a regularly scheduled meeting reclaim to
itself the final approval of a development
normally subject to the approval of the
board of adjustment. The vote shall occur
prior to the action of the board of adjust-
ment.
D. As detailed in article 33 of this chapter, the
city commission authorizes the development review
committee, design review board, administrative de-
sign review staff, wetlands review board, and other
advisory bodies as applicable, to review and to
make recommendations to the planning director,
BOA, or city commission regarding development
proposals.
E. The city commission or its designated repre-
sentatives may require the applicant to design the
proposed development to reasonably minimize po-
tentiallysignificantadverseimpactsidentifiedthrough
the review required by these regulations. The city
commission or its designated representatives may
not unreasonably restrict a landowner's ability to
develop land, but it is recognized that in some
instances the unmitigated impacts of a proposed
development may be unacceptable and will pre-
clude approval of the development as submitted.
Recognizing that the standards of this chapter are
minimum requirements and the public health, safety,
and general welfare may be best served by exceed-
ing those minimums, the city commission or plan-
ning director may require as a condition of ap-
proval, additional landscaping, screening, timing
requirements, setbacks or other mitigation exceed-
ing the minimums of this chapter.
(Ord. No. 1645, § 18.64.010, 8-15-2005; Ord. No.
1670, § 18.64.010, 8-28-2006; Ord. No. 1693,
§ 23(18.64.010), 2-20-2007; Ord. No. 1761, exh.
M(18.64.010), 7-6-2009)
Sec. 38.34.020. Administrationandenforcement;
planning director authority.
A. The planning director shall administer and
enforce this chapter. The planning director may be
provided with the assistance of such other persons
as the planning director may supervise and those
assistants shall have essentially the same responsi-
bilities as directed by the planning director.
B. The planning director may in the administra-
tion of this chapter consult with other persons
having expertise in relevant subject areas as in the
planning director's opinion is necessary for the
review of the proposed development or administra-
tion of the chapter.
C. If the planning director shall find that any of
the provisions of this chapter are being violated, the
planning director shall notify in writing the person
responsible for such violations, indicating the na-
ture of the violation and ordering the action neces-
sary to correct it. The planning director shall order
discontinuance of illegal use of land, illegal addi-
tions, alterations or structural changes; discontinu-
ance of any illegal work being done; or shall take
any other action authorized by this chapter to ensure
compliance with or prevent violation of its provi-
sions.
(Ord. No. 1645, § 18.64.020, 8-15-2005; Ord. No.
1693, § 23(18.64.020), 2-20-2007; Ord. No. 1761,
exh. M(18.64.020), 7-6-2009)
Sec. 38.34.030. Enforcement; planning director.
This chapter shall be enforced by the planning
director and authorized representatives. No devel-
§ 38.34.030UNIFIED DEVELOPMENT CODE
CD38:269PROOFS
opment approval, subdivision approval, building
permit or business or occupational use license shall
be issued, except in compliance with the provisions
of this chapter.
(Ord. No. 1645, § 18.64.030, 8-15-2005; Ord. No.
1693, § 23(18.64.030), 2-20-2007; Ord. No. 1761,
exh. M(18.64.030), 7-6-2009)
Sec. 38.34.040. Stop-work order by planning di-
rector, building official, city en-
gineer authority.
Whenever any subdivision, development or build-
ing work is being done contrary to the provisions of
this chapter, the planning director shall order the
work stopped by notice in writing served on any
person engaged in doing or causing such work to be
done, and any such person shall forthwith stop such
work until authorized by the planning director to
proceed with the work. The building official or city
engineer may also issue a stop-work order when
building work is being done contrary to the provi-
sions of this chapter.
(Ord. No. 1645, § 18.64.040, 8-15-2005; Ord. No.
1693, § 23(18.64.040), 2-20-2007; Ord. No. 1761,
exh. M(18.64.040), 7-6-2009)
Sec. 38.34.050. Permission to enter.
The city commission, or its designated agents,
may conduct such investigations, examinations and
site evaluations as they deem necessary to verify the
information supplied. The submission of material or
a plat for review shall constitute a grant of permis-
sion to enter the subject property. The grant of
permission shall continue until all final actions
required by the approval process have been com-
pleted.
(Ord. No. 1645, § 18.64.050, 8-15-2005; Ord. No.
1693, § 23(18.64.050), 2-20-2007; Ord. No. 1761,
exh. M(18.64.050), 7-6-2009)
Sec. 38.34.060. Inaccurate or incomplete infor-
mation and waivers.
A. The city shall review each submitted appli-
cation for completeness and sufficiency as de-
scribed in sections 38.03.040 and 38.19.070.
B. The final approval body may withdraw ap-
proval or conditional approval of a preliminary plat
or other development approval if they determine
that information provided by the applicant, and
upon which approval or conditional approval of the
preliminary plat or other development was based, is
inaccurate or incomplete.
1. Within 30 calendar days following approval
or conditional approval of a preliminary
plat or other development application, any
person or agency that claims that informa-
tion provided by the applicant is inaccurate
or incomplete may submit the information
and proof to the planning department.
2. The planning department shall investigate
the claim, the accompanying information
and proof, and make a report to the final
approval authority (city commission or the
planning director) within 30 working days
after receipt of the information. If the final
approval authority is the city commission,
the commission shall consider the informa-
tion and proof, and shall make a determi-
nation regarding the claim at a regular
meeting. Notice of the meeting or presen-
tation of the report shall be given to the
claimant and the applicant.
(Ord. No. 1645, § 18.64.060, 8-15-2005; Ord. No.
1693, § 23(18.64.060), 2-20-2007; Ord. No. 1761,
exh. M(18.64.060), 7-6-2009)
Sec. 38.34.070. Coordinated reviews.
When a proposed subdivision, development or
use is also proposed to be annexed to the city, the
city shall coordinate the development review and
annexation procedures to minimize duplication of
hearings, reports, and other requirements whenever
possible. The city commission shall also hold joint
public hearings on the initial zoning and the annex-
ation whenever possible. Based upon the circum-
stances of proposed development the city may
require sequential review of applications.
(Ord. No. 1645, § 18.64.070, 8-15-2005; Ord. No.
1693, § 23(18.64.070), 2-20-2007; Ord. No. 1761,
exh. M(18.64.070), 7-6-2009)
§ 38.34.030 BOZEMAN MUNICIPAL CODE
CD38:270PROOFS
Sec. 38.34.080. Date of submittal and associated
review standards.
A.Subdivision.Review and approval or disap-
proval of a subdivision under these regulations may
occur only under those regulations in effect at the
time a subdivision application for approval of a
preliminary plat is deemed sufficient according to
section 38.03.040 or for an extension under article 3
of this chapter is submitted to the city.
B.Nonsubdivision.Review of nonsubdivision
applications shall be under such regulations as are
in effect at the time an application for approval of a
preliminary site plan is deemed complete according
to section 38.19.070; except that an interim zoning
ordinance adopted according to MCA 76-2-306
shall apply to a nonsubdivision application without
limitation to the date of completeness of the appli-
cation until final action has been taken on the
application.An applicant may waive, in writing, the
shield from changing ordinances established by this
section. In the event that such waiver is provided,
the nonsubdivision application shall be reviewed
under the ordinances in effect on the date of the
final action on the application.
(Ord. No. 1645, § 18.64.080, 8-15-2005; Ord. No.
1693, § 23(18.64.080), 2-20-2007; Ord. No. 1761,
exh. M(18.64.080), 7-6-2009)
Sec. 38.34.090. Planning director and building
official; plan application check-
ing; notice of noncompliance.
A. It is the intent of this chapter that the plan-
ning director and building official, shall check all
development plans and applications for permits for
compliance with this chapter both before and during
construction.
B. If, during this procedure, the planning direc-
tor and/or the building official deems that the
proposed plan or construction does not comply with
this chapter, the planning director and/or building
official shall inform the applicant of the infraction
and shall stop all construction on the project until
such time as the applicant, builder or principal
revises such plan to conform to this chapter and/or
fulfills the requirements of any mandated review
procedure as set forth in this chapter.
(Ord. No. 1645, § 18.64.090, 8-15-2005; Ord. No.
1693, § 23(18.64.090), 2-20-2007; Ord. No. 1761,
exh. M(18.64.090), 7-6-2009)
Sec. 38.34.100. Building permit requirements.
A. No building or other structure shall be erected,
moved, added to or structurally altered and no land
use shall be changed without valid permits as
prescribed in this article.
1. Only minor site surface preparation and
normal maintenance shall be allowed prior
to conditional approval by the appropriate
review authority and the issuance of a
building permit, providing that such activ-
ity does not include excavation for founda-
tions or the removal of mature, healthy
vegetation. Minor site surface preparation
means disturbing less than one-half acre,
movement of 30 cubic yards or less of
material, or a cut or fill of less than cumu-
lative one foot whichever is less. Any
excavation and site disturbance must be in
conformance with an approved stormwater
control plan. Upon conditional approval by
the appropriate review authority, excava-
tion for foundations and the preparation of
forms may occur. However, no concrete
shall be poured and no further construction
shall commence until final site or sketch
plan approval has been granted and until
building permits have been issued. Proceed-
ing prior to building permit issuance is at
the hazard of the landowner.
a. Exception: When construction and
funding of public streets are occurring
under the provisions of article 20 of
this chapter, Planned Unit Develop-
ment (PUD), the issuance of building
permits may be allowed prior to com-
pletion of infrastructure improve-
ments, pursuant to the provisions es-
tablished in article 39 of this chapter.
§ 38.34.100UNIFIED DEVELOPMENT CODE
CD38:271PROOFS
2. Building permit. Within the limits of the
city, building permits shall be obtained by
following the latest version of the Interna-
tional Building Code (International Code
Council, 5360 South Workman Mill Road,
Whittier, California) adopted by the city.
3. The building permit shall be obtained by
application to the building official. Appli-
cations shall be accompanied by plans in
duplicate, drawn to scale showing the ac-
tual dimensions and shape of the lot to be
built upon; the legal description of the
parcel; the exact sizes and location on the
lot of buildings already existing, if any; the
location and dimensions of the proposed
buildings or alternatives; and two copies of
the approved site plan or sketch plan as
approved under articles 19, 20, etc., of this
chapter.
4. One copy of the plans shall be returned to
the applicant after the building official and
planning director have marked each copy
either as approved or disapproved and at-
tested to same by their signatures. The
second copy similarly marked shall be re-
tained by the building department.
5. Approval of any plan that has been granted
based upon false information provided by
the applicant shall be deemed void without
requirement for further action by the city.
6. Based upon an approved sketch, site plan,
certificate of appropriateness, conditional
use permit or planned unit development
(hereinafter referred to as "plan"), and after
any appeals have been resolved, a building
permit for the site may be requested and
may be granted, provided such building
permit is granted within one year of plan
approval. Prior to lapse of one year, the
applicant may seek an extension of one
additional year from the planning director.
In such instances, the planning director
shall determine that the terms and circum-
stances have not significantly changed since
the initial approval.
(Ord. No. 1645, § 18.64.100, 8-15-2005; Ord. No.
1693, § 23(18.64.100), 2-20-2007; Ord. No. 1761,
exh. M(18.64.100), 7-6-2009)
Sec. 38.34.110. Permit issuance; conformity with
regulations required.
No permit or license of any type shall be issued
unless in conformance with the regulations con-
tained within this chapter. Permits issued on the
basis of plans and applications approved by the
building official and planning director authorize
only the use, arrangement and construction set forth
in such approved plans and applications, and no
other use, arrangement or construction. Use, arrange-
ment or construction at variance with that autho-
rized shall be deemed a violation of this chapter,
punishable as provided in this article.
(Ord. No. 1645, § 18.64.110, 8-15-2005; Ord. No.
1693, § 23(18.64.110), 2-20-2007; Ord. No. 1761,
exh. M(18.64.110), 7-6-2009)
Sec. 38.34.120. Permits issued contrary to title
deemed void.
Any authorization, including without limitation
subdivision approval, site plan approval or building
permit, issued, granted or approved in violation of
the provisions of this chapter shall be null and void
and of no effect without the necessity of any
proceedings or a revocation or nullification thereof,
and any work undertaken or use established pursu-
ant to any such building permit or other authoriza-
tion shall be unlawful.
(Ord. No. 1645, § 18.64.120, 8-15-2005; Ord. No.
1693, § 23(18.64.120), 2-20-2007; Ord. No. 1761,
exh. M(18.64.120), 7-6-2009)
Sec. 38.34.130. Expiration of permits.
Every permit issued by the building official
under the provisions of this chapter shall expire by
limitation and become null and void if the building
or work authorized by such permit has not com-
menced within 180 calendar days from the date of
§ 38.34.100 BOZEMAN MUNICIPAL CODE
CD38:272PROOFS
such permits, or if the building or work authorized
by such permit is suspended or abandoned at any
time after the work is commenced for a period of
120 calendar days. Before such work can be recom-
menced, a new permit shall first be obtained to do
so, and the fee therefor shall be one-half the amount
required for a new permit for such work, provided
no changes have been made or will be made in the
original plans and specifications for the work, and
provided further that such suspension or abandon-
ment has not exceeded one year.
(Ord. No. 1645, § 18.64.130, 8-15-2005; Ord. No.
1693, § 23(18.64.130), 2-20-2007; Ord. No. 1761,
exh. M(18.64.130), 7-6-2009)
Sec. 38.34.140. Fee schedule.
A. The city commission shall establish a sched-
ule of fees, charges and expenses and a collection
procedure for reviews, permits, appeals and other
matters pertaining to this chapter. The schedule of
fees for the procedures listed below shall be set
from time to time by the city commission by
resolution. The fees shall be available in the office
of the planning director and may be altered or
amended only by the city commission.
B. No subdivision, permit, zone change, site
plan, conditional use, special temporary use, planned
unit development, deviation or variance shall be
issued unless or until such costs, charges, fees or
expenses have been paid in full, nor shall any action
be taken on proceedings before the administrative
design review staff, development review commit-
tee, the design review board, the zoning commis-
sion, the planning board or the city commission
until fees have been paid in full.
(Ord. No. 1645, § 18.64.140, 8-15-2005; Ord. No.
1693, § 23(18.64.140), 2-20-2007; Ord. No. 1761,
exh. M(18.64.140), 7-6-2009)
Sec. 38.34.150. Complaints of alleged violations;
filing and recording.
Whenever a violation of this chapter occurs or is
alleged to have occurred, any person may file a
written complaint. Such complaint, stating fully the
causes and basis thereof shall be filed with the
planning director. The planning director shall record
properly such complaint and immediately investi-
gate and take action thereon as provided by this
chapter.
(Ord. No. 1645, § 18.64.150, 8-15-2005; Ord. No.
1693, § 23(18.64.150), 2-20-2007; Ord. No. 1761,
exh. M(18.64.150), 7-6-2009)
Sec. 38.34.160. Violation; penalty; assisting or
abetting; additional remedies.
A. Violation of the provisions of this chapter or
failure to comply with any of its requirements
including violations of conditions and safeguards
established in connection with the grant of vari-
ances or conditional uses or any of the required
conditions imposed by the planning director and/or
city commission shall constitute a misdemeanor.
Any person who violates this chapter or fails to
comply with any of its requirements shall upon
conviction thereof be fined or imprisoned or both,
as set forth in state law regarding subdivision and
zoning, and in addition shall pay all costs and
expenses involved in the case except as stated in
subsection D of this section.
1. Each day such violation continues shall be
considered a separate offense and punish-
able as such.
2. For violations relating to plats each sale,
lease or transfer of each separate parcel of
land in violation of any provision of these
regulations or the Montana Subdivision and
Platting Act shall be deemed a separate and
distinct offense.
B. The code compliance officer is authorized to
issue a notice to appear under the provisions of
MCA 46-6-310 to any violator of this chapter.
C. The owner or tenant of any building, struc-
ture, premises or part thereof, and any architect,
builder, contractor, agent or other person who
commits, participates in, assists or maintains such
violation may each be found guilty of a separate
offense and suffer the penalties herein provided.
§ 38.34.160UNIFIED DEVELOPMENT CODE
CD38:273PROOFS
D. If transfers not in accordance with these
regulations or the Montana Subdivision and Platting
Act are made, the city attorney shall commence
action to enjoin further sales or transfers and
compel compliance with all provisions of these
regulations. The cost of the action must be imposed
against the party not prevailing.
E. When a violation has not been corrected by
the property owner after written notice from the
city, the enforcement officer or planning director
may seek approval for filing at the county clerk and
recorder's office a notice of violation or noncom-
pliance. Such notice shall serve to advise potential
purchasers of existing violations of this chapter or
of on-going enforcement actions regarding a prop-
erty. Such notice shall clearly state that the parcel or
development on the parcel is in violation of this
chapter and that correction of the violation must be
made prior to the city approving additional devel-
opment or redevelopment of the site. The notice
shall also describe the nature of the violation and
applicable citations to the relevant sections of this
chapter.
1. When such a notice is to be filed the
enforcement officer shall either:
a. Through the office of the city attorney
bring an action for civil and/or injunc-
tive relief that requests a court order
to record a notice of violation or
noncompliance; or
b. Schedule a public meeting to be held
before the city commission with the
intention of receiving an order from
the city commission confirming the
validity of the violation and the need
for correction, and authorizing the
recording of the notice of violation or
noncompliance. Notice of such a hear-
ing shall be provided as required by
article 40 of this chapter.
2. When a violation has been corrected for
which a notice of violation or noncompli-
ance was filed, the city shall record a
release of noncompliance indicating that
the prior violation has been corrected. The
property owner is responsible for notifying
the planning department in writing of the
correction of the violation or noncompli-
ance. Upon receipt of such notification by
the property owner, the enforcement officer
shall conduct an inspection to verify cor-
rection prior to the recording of the release.
F. The city may maintain an action or proceed-
ing in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the
violation of, any provision of this chapter.
G. Violation of this chapter is a municipal in-
fraction and may be punishable by a civil penalty as
provided in section 24.02.040, in addition to other
remedies of this section except that the court shall
impose the following minimum civil penalties.
1. Each day such violation continues shall be
considered a separate offense and punish-
able as such. The minimum civil penalty for
violation of this chapter by the same person
for the same violation within a 12-month
period shall be:
a. First citation: $100.00.
b. Second citation: $150.00.
c. Third and subsequent citations:
$200.00.
d. The determining factor with respect to
the civil penalty is the receipt of
service of the citation and not the
judgment.
H. Nothing herein contained shall prevent the
city from taking such other lawful action as is
necessary to prevent or remedy any violation.
(Ord. No. 1645, § 18.64.160, 8-15-2005; Ord. No.
1693, § 23(18.64.160), 2-20-2007; Ord. No. 1761,
exh. M(18.64.160), 7-6-2009)
§ 38.34.160 BOZEMAN MUNICIPAL CODE
CD38:274PROOFS
ARTICLE 35. APPEALS, DEVIATIONS AND
VARIANCE PROCEDURES
Sec. 38.35.010. Purpose.
A. This article is adopted:
1. To establish procedures for granting relief
from the requirements of this chapter sub-
ject to the standards of this article in order
to preserve equitable implementation of the
law, prevent special treatment to particular
parties and preserve the various rights es-
tablished by the state and United States
constitutions of all persons subject to this
chapter;
2. To provide through appeals of administra-
tive interpretations a procedure for consid-
eration of and resolution of disputes regard-
ing the meaning and implementation of this
chapter;
3. To provide through deviations a procedure
for flexibility, as a means to support cre-
ativity and excellence of design, in the
application of the standards of this chapter
in overlay districts and planned unit devel-
opments as provided for in this chapter;
4. To provide through zoning variances a
procedure for relief from the occasional
inequities created by the physical standards
of this chapter relating to zoning when such
standards create a substantially unequal
burden on a particular parcel of land in a
fashion that would otherwise prevent the
reasonable use of property, owing to phys-
ical 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 stan-
dards would result in undue hardship and
are not essential to the public health, safety
and general welfare; and
7. To allow for appeals from decisions made
by administrative staff approving, approv-
ing with conditions or denying applications
for development approval.
B. The board of adjustment shall hear and de-
cide variances and deviations as follows:
1. Authorize in specific cases such deviations
from the terms of this chapter relating to
zoning as will advance the intent and pur-
poses of this chapter and meet the standards
established for the granting of deviations;
2. Authorize in specific cases such zoning
variances from the physical standards of
this chapter, exclusive of those items in-
cluded as subdivision variances, that will
not be contrary to the public interest, where
owing to special conditions a literal enforce-
ment of the provisions will result in unnec-
essary hardship, and so that the spirit of this
chapter 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 38.34.010C.
a. Authorize in specific cases such devi-
ations from the terms of this chapter
relating to zoning as will advance the
intent and purposes of this chapter and
meet the standards established for the
granting of deviations; and
b. Authorize in specific cases such zon-
ing variances from the physical stan-
dards of this chapter, exclusive of
those items included as subdivision
variances, that will not be contrary to
the public interest, where owing to
special conditions a literal enforce-
ment of the provisions will result in
§ 38.35.010UNIFIED DEVELOPMENT CODE
CD38:275PROOFS
unnecessary hardship, and so that the
spirit of this chapter shall be observed
and substantial justice done.
2. Authorize in specific cases such subdivi-
sion variances from the platting require-
mentsandstandardsforimprovementswithin
public rights-of-way required by this chap-
ter 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 ex-
emptions.
4. Consider deviations to standards of the title
when proposed through a planned unit de-
velopment.
5. Hear and decide appeals where it is alleged
there is error in any order, requirement,
decision or determination made by an ad-
ministrative official in the enforcement of
this chapter or of any standards adopted
pursuant thereto. An aggrieved person may
appeal the final decision of the planning
director in the manner provided in this
article.
(Ord. No. 1645, § 18.66.010, 8-15-2005; Ord. No.
1670, § 18.66.010, 8-28-2006; Ord. No. 1693,
§ 24(18.66.010), 2-20-2007; Ord. No. 1769, exh.
L(18.66.010), 12-28-2009)
Sec. 38.35.020. Hearingandnoticerequirements.
A. There shall be a hearing before the board of
adjustment or city commission for any appeal of
administrative decisions and interpretations and for
each application for any variance or deviation. The
hearing shall be held at an appointed time and place.
Testimony shall be taken by the BOA or commis-
sion from persons interested in the application and
from the planning department staff.
B. The planning director or city clerk shall give
public notice as required by article 40 of this
chapter of all public hearings to be held before the
BOA or city commission. Notification of appeal
procedures shall be included in the initial posting
and notice of the proposal, provided that an initial
posting and notice is required by article 40 of this
chapter.
(Ord. No. 1645, § 18.66.020, 8-15-2005; Ord. No.
1670, § 18.66.020, 8-28-2006; Ord. No. 1693,
§ 24(18.66.020), 2-20-2007; Ord. No. 1769, exh.
L(18.66.020), 12-28-2009)
Sec. 38.35.030. Administrative project decision
appeals.
A. An aggrieved person may appeal the final
decision of the planning director in the manner
provided in this section. Any appeal of a final
administrative decision to approve, approve with
conditions or deny an application shall be an appeal
on the basis of the information available to the
planning director including this chapter, all submit-
ted application materials, review and recommenda-
tions 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 direc-
tor regarding evasion of the Subdivision and Plat-
ting Act per section 38.05.070.
B. Application of appeal procedures. Appeals
from administrative staff to the city commission or
the courts are set forth in the various sections of this
chapter. Said appeals are permitted under the pro-
visions 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
38.35.010.
3. In reviewing an appeal the city commission
shall consider the application as if it were
the original approval.
C. Filing of notice of appeal. An appeal shall be
taken by filing with the city clerk a notice of intent
to appeal by 5:00 p.m. on the fourth business day
§ 38.35.010 BOZEMAN MUNICIPAL CODE
CD38:276PROOFS
following the final decision of the planning director,
and a documented appeal and appeal fee within
seven business days of the final decision of the
planning director. Such notice of intent to appeal
shall include the following:
1. The action of the planning director which is
the subject of the appeal; and
2. The date of such action.
D. Appeal contents. In all cases, the complete
appeal application shall include, and shall not be
deemed filed until, all of the materials required by
section 38.41.140 is submitted.
E. Notice of appeal. Once a complete appeal has
been filed and a hearing date is set, notice of the
appeal shall be provided in the same fashion as was
required for notice of the initial application. The
date, time and location for the public hearing on the
appeal before the city commission shall be included
in the required notice of the appeal.
F. Scheduling of the hearing. Upon receipt of a
complete appeal application the city clerk 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 30 working days of the agenda
item to set the hearing date.
G. Material. The material to be considered by
the city commission shall be the record of the
project review, including the planning director's
decision, in addition to materials that may be
submitted during the processing and review of the
appeal.
1. No less than 14 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 14 calendar days prior to the
appeal hearing before the city commission.
H. Procedure of the hearing. At the hearing on
the appeal, the following procedure shall be fol-
lowed:
1. Only arguments and evidence relevant to
the application shall be presented. The pre-
sentation shall be made in the following
order, subject to such limitations, in time
and scope as may be imposed at the discre-
tion of the presiding officer:
a. Explanation of the application and
nature of the appeal and presentation
by planning department staff;
b. Presentation of position by the appli-
cant and/or representative;
c. Presentation by any person who is a
proponent or an opponent of the ap-
plication; and
d. Motion, discussion and vote by the
city commission.
2. No person making a presentation shall be
subject to cross-examination except that
members of the city commission and the
city attorney may inquire of such person for
the purpose of eliciting information and for
the purpose of clarifying information pre-
sented.
I. Alternative actions available to the appellate
body. At the conclusion of the hearing, the city
commission shall approve, approve with conditions
or deny the application.
(Ord. No. 1645, § 18.66.030, 8-15-2005; Ord. No.
1670, § 18.66.030, 8-28-2006; Ord. No. 1693,
§ 24(18.66.030), 2-20-2007; Ord. No. 1769, exh.
L(18.66.030), 12-28-2009)
Sec. 38.35.040. Administrativeinterpretationap-
peals.
A. A request for appeal of an interpretation of
this chapter, including classifications of use per
article 7 of this chapter, shall be made by filing an
application, with appropriate fees, with the city
clerk within 30 calendar days of the interpretation
decision. After receiving a completed application
§ 38.35.040UNIFIED DEVELOPMENT CODE
CD38:277PROOFS
the city clerk shall schedule a hearing at a regular
commission meeting. In all cases, the complete
application shall include, and shall not be deemed
filed until all of the materials required by section
38.41.150 are submitted.
B. The commission shall cause to be made such
investigation of facts bearing on the application as
will provide necessary information to ensure that
the action on each such application is consistent
with the intent and purpose of this chapter. During
time of appeal all construction shall cease and shall
not commence until approved by the city commis-
sion.
C. When interpreting the meaning of this chap-
ter, subsections of the chapter shall be construed in
a manner that will give effect to them all as the
chapter derives its meaning from the entire body of
text taken together.
D. The concurring vote of four members of the
commission shall be necessary to reverse any order,
requirements, decisions or determination of any
administrative official, or to decide in favor of the
applicant.
(Ord. No. 1645, § 18.66.040, 8-15-2005; Ord. No.
1693, § 24(18.66.040), 2-20-2007; Ord. No. 1769,
exh. L(18.66.040), 12-28-2009)
Sec. 38.35.050. Deviations.
All requests for deviations in the neighborhood
conservation overlay district, entryway overlay dis-
tricts or through the PUD process shall be heard by
the BOA. Deviations may only be applied for in
conjunction with submittal of a development pro-
posal of a type authorized by articles 19 and 20 of
this chapter. Standards and criteria for award of
deviations are contained in articles 16, 17 and 20 of
this chapter. The concurring vote of four members
of the BOA shall be necessary to grant requested
deviations to this chapter. The granting of a devia-
tion is an exercise of administrative power that can
effect no change in the chapter. A deviation may be
granted only in a specific instance permitting a
nonconformity in order to accomplish the specific
objectives of sections 38.16.070, 38.17.080, and
38.20.030D., and provided the standards and crite-
ria 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.
(Ord. No. 1645, § 18.66.050, 8-15-2005; Ord. No.
1670, § 18.66.050, 8-28-2006; Ord. No. 1693,
§ 24(18.66.050), 2-20-2007; Ord. No. 1769, exh.
L(18.66.050), 12-28-2009)
Sec. 38.35.060. Zoning variances.
A.Application.A request for one or more vari-
ance shall be made by filing an application, with
appropriate fees, with the planning director at least
30 calendar days prior to the BOAhearing and shall
be accompanied by the materials described in sec-
tion 38.41.160.
B.Investigation of facts.The BOAshall cause to
be made such investigation of facts bearing on the
application as will provide necessary information to
ensure that the action on each such application is
consistent with the intent and purpose of this
chapter.
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 deci-
sions setting forth factual evidence that the variance
meets the standards of MCA 76-2-323 in that the
variance:
1. Will not be contrary to and will serve the
public interest;
2. Is necessary, owing to conditions unique to
the property, to avoid an unnecessary hard-
ship which would unavoidably result from
the enforcement of the literal meaning of
this chapter:
a. Hardship does not include difficulties
arising from actions, or otherwise be
self-imposed, by the applicant or pre-
§ 38.35.040 BOZEMAN MUNICIPAL CODE
CD38:278PROOFS
vious predecessors in interest, or po-
tential 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 regula-
tions on previously lawful lots, and
governmental actions outside of the
owners control;
3. Will observe the spirit of this chapter,
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 article 31 of this
chapter:
a. Variances shall not be issued for areas
within a floodway if any additional
increase in flood elevations or veloc-
ities after allowable encroachments
into the floodway fringe would result;
b. Variances shall only be issued upon:
(1) A determination that the grant-
ing of a variance will not result
in increased flood hazards, pres-
ent additional threats to public
safety, be an extraordinary pub-
lic expense, create nuisances,
cause fraud, victimize the pub-
lic, or conflict with existing state
and local laws;
(2) A determination that the pro-
posed use would be adequately
floodproofed as specified in ar-
ticle 31 of this chapter;
(3) A determination that a reason-
able alternate location outside
the floodplain is not available;
(4) A determination that the vari-
ance requested is the minimum
necessary to afford relief, con-
sidering the flood hazard; and
(5) Approval of the state department
of natural resources and conser-
vation, upon request from the
city, prior to formally approving
any permit application that is in
variance to these regulations.
D.Authorization and limitations on approval.
1. The BOA may, after public notice and
hearing, deny, approve or conditionally ap-
prove all requests for variances meeting all
the criteria of this section, including:
a. Requests to modify dimensional or
other numerical requirements of this
chapter;
b. Requests for multiple variances;
c. Requests to modify flood hazard dis-
trict requirements subject to the pro-
visions of article 31 of this chapter,
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, Montana Code Annotated
(MCA 76-5-101 et seq.); and
d. Requests for variances in conjunction
with conditional use permits, except
planned unit developments. Approv-
als of all such variances shall be
conditioned upon BOA approval of
the conditional use permit.
2. The scope and extent of the variance shall
be limited to the minimum relief necessary
to provide reasonable use of the property.
3. In no case may the BOA grant variances to
allow uses not already permitted pursuant
to this chapter or alter administrative re-
quirements of this chapter. Permission to
change uses allowed on a parcel may be
sought through a zone map amendment or
an amendment to the text of the applicable
zoning district.
§ 38.35.060UNIFIED DEVELOPMENT CODE
CD38:279PROOFS
4. The concurring vote of four members of the
BOA shall be necessary to effect any vari-
ance of this chapter.
5. Notifications of approval for variances re-
lated to flood hazard requirements of article
31 of this chapter shall notify the applicant
that:
a. The issuance of a variance to con-
struct a building below the 100-year
floodplain elevation will result in in-
creased premium rates; and
b. Such construction below the 100-year
flood elevation increases risks to life
and property.
E.Effective time for BOA decisions; variances
void when.The decision of the BOA shall be final
except as provided in section 38.35.080. If a build-
ing 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 automat-
ically canceled and become null and void.
F.Variances.Variances are subject to MCA
76-2-321 through 76-2-328.
(Ord. No. 1645, § 18.66.060, 8-15-2005; Ord. No.
1670, § 18.66.060, 8-28-2006; Ord. No. 1693,
§ 24(18.66.060), 2-20-2007; Ord. No. 1769, exh.
L(18.66.060), 12-28-2009)
Sec. 38.35.070. Subdivision variances.
A.Procedure.The subdivider shall provide dur-
ing the preapplication process, and include with the
submission of the preliminary plat, a written state-
ment describing the requested variance and the facts
of hardship upon which the request is based. The
planning board shall include their findings and
conclusion regarding the requested variance in its
recommendation to the city commission. The city
commission shall then consider each variance at the
public hearing on the preliminary plat. A public
hearing may not be held on a variance in association
with a first minor subdivision.
B.Review criteria.Per MCA 76-3-506, a vari-
ance to this chapter must be based on specific
variance criteria, and may not have the effect of
nullifying the intent and purpose of this chapter.
The city commission shall not approve subdivision
variances unless it makes findings based upon the
evidence presented in each specific case that:
1. The granting of the variance will not be
detrimental to the public health, safety, or
general welfare, or be injurious to other
adjoining properties;
2. Because of the particular physical surround-
ings, shape or topographical conditions of
the specific property involved, an undue
hardship to the owner would result if strict
interpretation of this chapter 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 chapter or with
the city's growth policy.
C.Variances from floodway provisions not au-
thorized.The city commission may not, by subdi-
vision variance, permit subdivision for building
purposes in areas located within the floodway of a
flood of 100-year frequency as defined in title 76,
chapter 5, Montana Code Annotated (MCA 76-5-
101 et seq.). Any variances related to floodways
shall meet the standards of section 38.35.060.C.4.a.
D.Conditions.In granting subdivision vari-
ances, the city commission may require such con-
ditions as will, in its judgment, secure the objectives
of this chapter. Any approval under this section
shall be subject to the terms of the conditions
designated in connection therein. Any conditions
required shall be related both in purpose and scope
with the relief sought through the variance.
E.Statement of facts.When any variance from
this chapter is granted, the motion of approval shall
contain a statement describing the variance and
conditions upon which the issuance of the variance
is based.
§ 38.35.060 BOZEMAN MUNICIPAL CODE
CD38:280PROOFS
F.Planned unit development.Where the stan-
dards and requirements of this chapter are proposed
to be modified through a planned unit development,
the applicable process shall be a deviation rather
than a variance.
G.Limitations on approvals.For subdivision
variances, the variance approval shall be null and
void if the final plat is not filed within the time
allowed for final approval by the city commission
decision.
(Ord. No. 1645, § 18.66.070, 8-15-2005; Ord. No.
1693, § 24(18.66.070), 2-20-2007; Ord. No. 1769,
exh. L(18.66.070), 12-28-2009)
Sec. 38.35.080. Appeals from city commission
or board of adjustment actions.
A.Zoning variances.Any person or persons,
jointly or severally, aggrieved by any decision of
the BOA or city commission under this article, 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 timeframe
established by state law.
B.Zoning decisions.An aggrieved person may
appeal the approval, approval with conditions or
denial of a development application acted upon by
the BOA or city commission by presenting to a
court of record a petition, duly verified, setting forth
that such decision is illegal in whole or in part and
specifying the grounds of illegality. Such petition
shall be presented to the court within the timeframe
established by state law.
C.Subdivision appeals.A party identified in
subsection C.1 of this section who is aggrieved by
a decision of the city commission to approve,
conditionally approve or disapprove a proposed
preliminary plat or final subdivision plat, including
variances, may, within 30 days after the decision,
appeal to the Eighteenth Judicial District Court,
Gallatin County, State of Montana. The petition
must specify the grounds upon which the appeal is
made.
1. The following parties may appeal under the
provisions of this section:
a. The subdivider;
b. A landowner with a property bound-
ary contiguous to the proposed subdi-
vision 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 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 article that is
arbitrary or capricious.
(Ord. No. 1645, § 18.66.080, 8-15-2005; Ord. No.
1670, § 18.66.080, 8-28-2006; Ord. No. 1693,
§ 24(18.66.080), 2-20-2007; Ord. No. 1769, exh.
L(18.66.080), 12-28-2009)
ARTICLE 36. TEXT AMENDMENTS*
Sec. 38.36.010. Initiation of amendments and
changes.
A. The city commission may, from time to time,
amend, supplement or change this chapter and the
regulations appertaining thereto. An amendment,
supplement or change may be initiated by the city
commission, city manager, zoning commission, plan-
ning board or upon petition from an owner of
property within the city.
B. The city commission, planning board or zon-
ing commission may upon a vote of a majority of its
members direct the initiation of an amendment to
*State law reference—Alteration of zoning regula-
tions, MCA 76-2-305.
§ 38.36.010UNIFIED DEVELOPMENT CODE
CD38:281PROOFS
this chapter 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 chair of the
zoning commission as applicable.
C. Whenever any person or entity allowed to
initiate an amendment desires a change in regula-
tions, 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 request-
ing an amendment or change of regulations.
1. When the application initiated by an owner
of property, bearing the property owners
signature, 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 ensure the fullest practicable pre-
sentation 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.
(Ord. No. 1645, § 18.68.010, 8-15-2005; Ord. No.
1769, exh. M(18.68.010), 12-28-2009)
Sec. 38.36.020. Amendments; investigation re-
quirements.
Upon initiation of an amendment, the city shall
cause to be made an investigation of facts bearing
on such initiation or petition. The purpose of the
investigation is to provide the necessary informa-
tion to ensure that the action of each such petition is
consistent with the intent and purpose of this
chapter as set forth in section 38.01.040; this
includes but is not limited to accordance with the
city growth policy. Amendments only addressing
zoning standards will be measured against the
zoning purposes. Amendments which address only
subdivision standards will be measured against the
purposesrelatedtothesubdivisionpurposes.Amend-
ments which apply to both zoning and subdivision
standards will be reviewed against all the purposes.
(Ord. No. 1645, § 18.68.020, 8-15-2005; Ord. No.
1769, exh. M(18.68.020), 12-28-2009)
Sec. 38.36.030. Public hearing procedures and
requirements.
A. The city commission, zoning commission
and/or planning board shall hold one or more public
hearings on the matters referred to in such initiation
or petition at which parties in interest and citizens
shall have an opportunity to be heard. Notice of
such public hearings shall be provided as required
by article 40 of this chapter.
B. Any amendment to the text of the title shall
be the subject of one or more public hearing before
the city commission, after receiving a recommen-
dation from the zoning commission and/or planning
board as set forth in this section.
C. The public hearings to be heard by the zoning
commission and/or planning board shall be con-
ducted by the bodies specified in this subsection:
1. Any amendment to the text of this chapter
affecting only zoning provisions of this
chapter shall be heard by the zoning com-
mission.
2. Any amendment to the text of this chapter
affecting only subdivisions shall be heard
by the planning board.
3. Any amendment to the text of this chapter
affecting both zoning and subdivision shall
be heard as a joint hearing of the planning
board and zoning commission with the
president of the planning board to preside.
When there is a question as to whether an
amendment would affect both subdivision
and zoning, the public hearing shall be
jointly held.
§ 38.36.010 BOZEMAN MUNICIPAL CODE
CD38:282PROOFS
4. After such hearing or hearings, the zoning
commissionand/orplanningboardwillmake
reports and recommendations on the peti-
tion or initiation to the city commission.
D. In the event that there is a question as to
whether a proposed text amendment affects both
zoning and subdivision, or only one of the subjects,
the planning director shall determine which bodies
must hold a public hearing.
E. Recommendations to the city commission
and other official actions by both the zoning com-
mission and the planning board shall be only be
official if made by at least a majority of a quorum
of the body.
(Ord. No. 1645, § 18.68.030, 8-15-2005; Ord. No.
1769, exh. M(18.68.030), 12-28-2009)
Sec. 38.36.040. Protest text amendments.
In the case of protest against such changes signed
by the owners of 25 percent or more of either the
area of the lots included in any proposed change, or
those lots 150 feet from a lot included in a proposed
change, such amendment may not become effective
except upon a favorable vote of two-thirds of the
present and voting members of the city commission.
(Ord. No. 1645, § 18.68.040, 8-15-2005; Ord. No.
1769, exh. M(18.68.040), 12-28-2009)
ARTICLE 37. ZONING MAP
AMENDMENTS*
Sec. 38.37.010. Initiation of amendments and
changes.
A. The city commission may, from time to time,
amend, supplement or change the zoning district
maps appertaining to this chapter. An amendment,
supplement or change may be initiated by the city
commission, zoning commission or upon applica-
tion from an owner of property within the city.
B. The city commission or zoning commission
may upon a vote of a majority of its members direct
the initiation of an amendment to the zoning map.
When either body initiates an amendment, the
application shall be signed by the mayor or chair of
the zoning commission as applicable.
C. Whenever the property owner of any land or
building desires a reclassification on the owner's
property, they may file with the planning depart-
ment an application requesting an amendment or
change of regulations prescribed for such property.
Applications for change of district boundaries or
reclassification of districts as shown on the zoning
district map shall be on forms supplied and pre-
pared 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 pro-
posal, as may be prescribed by the commis-
sion for that purpose so as to ensure 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 pro-
posed to be changed attesting to the truth
and correctness of all facts and information
presented with the application.
D. Whenever an owner of any land within the
city desires a reclassification on property that they
do not own, such as a request to establish a different
zoning classification for a block or other group of
properties, they may file with the planning depart-
ment 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 amend-
ment 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 pro-
posal, as may be prescribed by the commis-
*State law reference—Alteration of zoning regula-
tions, MCA 76-2-305.
§ 38.37.010UNIFIED DEVELOPMENT CODE
CD38:283PROOFS
sion for that purpose so as to ensure 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 pro-
posed to be changed attesting to the truth
and correctness of all facts and information
presented with the petition.
An application containing less than the required
number of signatures shall be considered incom-
plete and invalid and shall not be processed.
(Ord. No. 1645, § 18.70.010, 8-15-2005; Ord. No.
1769, exh. N(18.70.010), 12-28-2009)
Sec. 38.37.020. Amendments and rezonings; in-
vestigation 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 ensure that the action of
each such application is consistent with the intent
and purpose of this chapter. Specifically the inves-
tigation must address the criteria of MCA 76-02-
304 which are contained in section 38.01.040.C.
(Ord. No. 1645, § 18.70.020, 8-15-2005; Ord. No.
1769, exh. N(18.70.020), 12-28-2009)
Sec. 38.37.030. Public hearing procedures and
requirements.
A. The city commission and zoning commission
shall hold public hearings on the matters referred to
in such application at which parties of interest and
citizens shall have an opportunity to be heard.
B. The planning director shall give public notice
as required by article 40 of this chapter. The
planning director shall provide to the city commis-
sion and zoning commission a report of the staff's
analysis of the application.
C. After such hearing or hearings, the zoning
commission will make reports and recommenda-
tions on the application to the city commission.
D. After the zoning commission has forwarded a
recommendation on the amendment to the zoning
district map, a public hearing shall be held by the
city commission for the purpose of acting upon the
proposed amendment after public notice.
1. In the case of protest against such changes,
signed by the owners of 25 percent or more
of either the area of the lots included in any
proposed change or those lots 150 feet from
a lot included in a proposed change, such
amendment may not become effective ex-
cept upon a favorable vote of two-thirds of
the present and voting members of the city
commission. The provisions of this subsec-
tion D include the ability for an applicant to
protest a possible decision to adopt a zon-
ing less than originally requested when the
applicant meets the same criteria as other
affected landowners.
2. If the city commission intends to adopt a
zoning designation different than that ap-
plied 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.
(Ord. No. 1645, § 18.70.030, 8-15-2005; Ord. No.
1769, exh. N(18.70.030), 12-28-2009)
ARTICLE 38. SUPPLEMENTARY
DOCUMENTS
Sec. 38.38.010. General.
When required, the supplementary documents
described in this article shall be submitted in draft
form with the preliminary plat or plan, and signed
and notarized with the final plat or plan. The proper
notary block shall be used.
(Ord. No. 1645, § 18.72.010, 8-15-2005; Ord. No.
1693, § 25(18.72.010), 2-20-2007; Ord. No. 1709,
§ 14(18.72.010), 7-16-2007; Ord. No. 1761, exh.
N(18.72.010), 7-6-2009)
§ 38.37.010 BOZEMAN MUNICIPAL CODE
CD38:284PROOFS
Sec. 38.38.020. Property owners' association.
A. General. If common property is to be deeded
to the property owners association or similar orga-
nization, of if the property owners association will
be responsible for the maintenance of the develop-
ment's streets, centers, landscaping in street boule-
vards, park land or pathways, property owners
association bylaws or the declaration of covenants,
conditions and restrictions shall be prepared and
recorded with the final plat.
B. Bylaws or covenants, conditions and restric-
tions contents. The property owners' association
bylaws or declaration of covenants, conditions and
restrictions shall contain the following information:
1. Membership. Automatic and mandatory
membership for each property or unit buyer
and any subsequent buyer.
2. Common land/facilities. The legal descrip-
tion of the common land and a description
of common facilities.
3. Enforcement. Persons or entities entitled to
enforce the restrictions, responsibilities and
payment of assessments, including the city.
4. Perpetual reservation. Perpetual reservation
and limited use of common property.
5. Right to use. The right of each property or
unit owner to use and enjoyment of any
common property or facility.
6. Responsibility. Responsibility for liability
insurance, any applicable tax assessments
and the maintenance of any common prop-
erty or facilities to be placed in the associ-
ation.
7. Assessments. A mechanism to assess the
common expenses for the land or facilities
including upkeep and maintenance ex-
penses, real estate taxes and insurance pre-
miums.Assessments shall require each prop-
erty or unit owner to pay a pro rata share of
the cost of any common expenses, with any
assessment charged by the association be-
coming a lien where necessary on individ-
ual parcels. Safeguards against unreason-
ably high charges and provision to adjust
assessments may be provided.
8. A mechanism for resolving disputes among
the owners or association members.
9. The conditions and timing of the transfer of
ownership and control of land facilities to
the association.
10. Any other matter the developer or the city
deems appropriate.
11. In the event it becomes necessary for a
property owners association to retain an
attorney to enforce any of the association
bylaws or covenants, conditions and restric-
tions, then the prevailing party shall be
entitled to reasonable attorney's fees and
costs.
C. If the property owners association fails to
install or maintain improvements according to ap-
proved plans, the city may, at its option, complete
construction of improvements and/or maintain im-
provements in compliance with section 38.38.030
and article 39 of this chapter. The city's representa-
tive, contractors and engineers shall have the right
to enter upon the property and perform such work,
and the property owners association shall permit
and secure any additional permission required to
enable them to do so. The city shall bill the property
owners association for any costs associated with the
installation or maintenance of improvements.
(Ord. No. 1645, § 18.72.020, 8-15-2005; Ord. No.
1693, § 25(18.72.020), 2-20-2007; Ord. No. 1709,
§ 14(18.72.020), 7-16-2007; Ord. No. 1761, exh.
N(18.72.020), 7-6-2009)
Sec. 38.38.030. Covenants.
A. The city may require covenants to be re-
corded with the final plat when it is determined they
are necessary for the protection of the public health,
safety and general welfare. All covenants shall be
considered to run with the land. If the covenants are
not marked or noted on the final subdivision plat,
they shall be contained in a separate instrument
§ 38.38.030UNIFIED DEVELOPMENT CODE
CD38:285PROOFS
which shall be recorded with the final plat. The
covenants may be required to include, but are not
limited to, the following provisions:
1. That all county declared noxious weeds
will be controlled.
2. A section addressing agricultural uses of
neighboringpropertiesinthefollowingform:
"Lot owners and residents of the subdi-
vision are informed that adjacent uses may
be agricultural. Lot owners accept and are
aware that standard agricultural and farm-
ing practices can result in dust, animal
odors and noise, smoke, flies, and machin-
ery noise. Standard agricultural practices
feature the use of heavy equipment, chem-
ical sprays and the use of machinery early
in the morning and sometimes late into the
evening."
3. That all fences bordering agricultural lands
shall be maintained by the landowners in
accordance with state law.
4. The property owners association shall be
responsible for the maintenance of subdivi-
sion streets, common open space, centers,
pathways, landscaping in street boulevards
and/or parks.
5. That any covenant which is required as a
condition of the preliminary plat approval
and required by the city commission may
not be amended or revoked without the
mutual consent of the owners in accordance
with the amendment procedures in the cov-
enants, and the city commission.
6. The condition and timing of the transfer of
the property owners association from devel-
oper to the subsequent purchasers.
7. Common area and facility maintenance plan.
The developer shall submit a legal instru-
ment setting forth a plan providing for the
permanent care and maintenance of com-
mon areas and facilities. These common
areas and facilities shall include but are not
limited to commonly owned open spaces,
recreational areas, facilities, private streets
and parking lots. These common areas and
facilities shall also include but are not
limited to public parks, squares, open space,
recreation areas, trails, as well as any public
streets, avenues and alleys not accepted by
the city for maintenance. The same shall be
submitted to the city attorney and shall not
be accepted by the city until approved as to
legal form and effect. If the common areas
are deeded to a property owners associa-
tion, the applicant shall record the proposed
documents governing the association at the
time of final plat filing. Such documents
shall meet the following requirements:
a. The property owners association must
be established before any residences
or other properties are sold;
b. Membership in the association must
be mandatory for each property owner
with a specified method of assigning
voting rights;
c. Open space restrictions must be per-
manent and not for a period of years;
d. The property owners association must
be made responsible for liability in-
surance, taxes, and maintenance of
common facilities;
e. The association must have the power
to levy assessments which can be-
come a lien on individual premises for
the purpose of paying the cost of
operating and maintaining common
facilities; and
f. The governing board of any such
association shall consist of at least
five members who shall be owners of
property in the development.
8. Commonareaandfacilitymaintenanceguar-
antee. In the event the organization or any
successor organization established to own
and maintain common areas and facilities,
shall at any time fail to maintain the com-
mon areas or facilities in reasonable order
§ 38.38.030 BOZEMAN MUNICIPAL CODE
CD38:286PROOFS
and condition in accordance with the ap-
proved plan, the city commission may cause
written notice to be served upon such orga-
nization or upon the owners of property in
the development. The written notice shall
set forth the manner in which the common
areas or facilities have failed to be main-
tained in reasonable condition. In addition,
the notice shall include the demand that the
deficiencies noted be cured within 30 days
thereafter and shall state the date and place
of a public meeting to be held within 14
days of the notice. At the time of public
meeting, the city commission may modify
the terms of the original notice as to defi-
ciencies and may extend the time within
which the same may be cured. If the defi-
ciencies set forth in the original notice or
modifications are not cured within the time
set, the city may enter upon such common
facilities and maintain the same for a period
of one year, in order to preserve the taxable
values of properties within the development
and to prevent the common facilities from
becoming a public nuisance. Such entry and
maintenance shall not vest in the public any
right to use the common facilities not ded-
icated to public use. Before the one year
period expires, the commission shall, upon
its own initiative or upon written request of
the organization theretofore responsible for
maintenance, call a public meeting and give
notice of such meeting to the organization
responsible for maintenance or the property
owners of the development. At the hearing,
the organization responsible for mainte-
nance and/or the residents of the develop-
ment may show cause why maintenance by
the city should not be continued for a
succeeding year. If the city commission
determines that it is not necessary for the
city to continue such maintenance, the city
shall cease such maintenance at the time
established by the city commission. Other-
wise the city shall continue maintenance for
the next succeeding year subject to a simi-
lar meeting and determination at the end of
each year thereafter.
a. The cost of maintenance by the city
shall be a lien against the common
facilities of the development and the
private properties within the develop-
ment. The city commission shall have
the right to make assessments against
properties in the development on the
same basis that the organization re-
sponsible for maintenance of the fa-
cilities could make such assessments.
Any unpaid assessment shall be a lien
against the property responsible for
the same, enforceable the same as a
mortgage against such property. The
city may further foreclose its lien on
the common facility by certifying the
same to the county treasurer for col-
lection as in the case of collection of
general property taxes.
b. Should the property owners associa-
tion request that the city assume per-
manent responsibility for maintenance
of facilities, all facilities shall be
brought to city standards prior to the
city assuming responsibility. The as-
sumption of responsibility must be by
action of the city commission and all
costs to bring facilities to city stan-
dards shall be the responsibility of the
property owners association. The city
may create special financing mecha-
nisms so that those properties within
the area affected by the property own-
ers association continue to bear the
costs of maintenance.
c. These common areas and facilities
shall include but are not limited to
commonly owned open spaces, recre-
ational areas, facilities, private streets
and parking lots. These common areas
and facilities shall also include but are
not limited to public parks, squares,
§ 38.38.030UNIFIED DEVELOPMENT CODE
CD38:287PROOFS
open space, recreation areas, trails, as
well as any public streets, avenues
and alleys not accepted by the city for
maintenance.
d. The city shall assume permanent re-
sponsibility for maintenance of public
areas and facilities when a dedicated
funding mechanism is adopted.
9. Guaranteeforopenspacepreservation.Open
space shown on the approved final plan or
plat shall not be used for the construction of
any structures not shown on the final plan.
10. Covenantsmaynotcontainprovisionswhich
inhibit compliance with the requirements of
chapter 10, article 8, for those develop-
ments subject to chapter 10, article 8. Some
examples are: privately required minimum
home or lot sizes which can not be met.
(Ord. No. 1645, § 18.72.030, 8-15-2005; Ord. No.
1693, § 25(18.72.030), 2-20-2007; Ord. No. 1709,
§ 14(18.72.030), 7-16-2007; Ord. No. 1761, exh.
N(18.72.030), 7-6-2009)
ARTICLE 39. IMPROVEMENTS AND
GUARANTEES
Sec. 38.39.010. Purpose and applicability.
A. This article is to provide standards and pro-
cedures relating to the installation of physical im-
provements and compliance with requirements re-
lated 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 chapter it is also necessary to
provide means by which their installation can be
ensured. Such improvements may include, but are
not limited to, design elements such as landscaping,
parking facilities, storm drainage facilities, archi-
tectural 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 develop-
ment sooner than would otherwise be possible if all
improvements had to be physically installed before
use could begin. This article therefore has the
following purposes:
1. Ensure completion of required improve-
ments or compliance with other require-
ments of development to an acceptable
standard;
2. Provide buyer/lessee protection while al-
lowing a person undertaking development
to proceed with sales/leases before the proj-
ectistotallycomplete,especiallymultiphased
projects;
3. Ensure adequate warranty or maintenance,
when appropriate, of improvements;
4. Provide for mechanisms to ensure perfor-
mance of or conformance with conditions
of approval or development requirements;
and
5. Accomplish the purposes listed in this sub-
section A through mechanisms that reduce
the need to rely on costly litigation to
accomplish those purposes.
B. This article applies to all subdivisions and
site developments as described as follows:
1. Subdivisions shall install or provide secu-
rity for installation of improvements prior
to final platting as set forth in detail in this
article.
2. Site developments including, site plans,
conditional use permits, planned unit devel-
opments, reuses and certificates of appro-
priateness, 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 improve-
ments as part of the subdivision or site
development process. When necessary to
protect the health, safety, and general wel-
fare of the public, and ensure the function
§ 38.38.030 BOZEMAN MUNICIPAL CODE
CD38:288PROOFS
and viability of development, certain needed
improvements may not be allowed to be
financially guaranteed.
(Ord. No. 1645, § 18.74.010, 8-15-2005; Ord. No.
1693, § 26(18.74.010), 2-20-2007; Ord. No. 1761,
exh. O(18.74.010), 7-6-2009; Ord. No. 1769, exh.
O(18.74.010), 12-28-2009)
Sec. 38.39.020. 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 develop-
ment, 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 neighbor-
hood residential character or pose a threat
to public health and safety.
2.Protection of existing improvements.The
developer, and the developer's contractors
and suppliers shall be jointly and severally
responsible to ensure that existing improve-
ments are not damaged or rendered less
useful by the operation of the developer,
and the developer's contractors or suppliers.
Such protection of improvements may in-
clude requirements for cleaning of vehicles
leaving a construction site. This provision
is intended to preclude damage to existing
roads, streets, water, sewer and drainage
systems. The city engineer may instruct the
developer as to the streets or roads to be
used for access by construction equipment,
and the developer shall be responsible for
enforcement of this instruction upon the
developer's contractors and their suppliers.
The city may require the developer to post
a surety to guarantee repair of damages.
B.Improvements to be dedicated to the public.
1.Plans and specifications.Engineering and
survey plans, specifications and reports re-
quired in connection with public improve-
ments and other elements of the subdivi-
sion, or other development required by the
city, shall be prepared by a registered engi-
neer and/or a registered land surveyor, li-
censed in the state, as their respective
licensing laws allow. The plans and speci-
fications shall be prepared in compliance
with the city's design standards and speci-
fications policy and/or park design stan-
dards as is applicable. Plans and specifica-
tions for nonengineering improvements shall
be prepared by a person whose qualifica-
tions are acceptable to the city department
with responsibility for the type of improve-
ments. Plans and specifications for
nonengineering improvements shall be pre-
pared in compliance with any applicable
adopted design standards and specifications
policy.
2.Scope of work.The intent of these regula-
tions is to provide standards by which the
contractor and the developer shall execute
their respective responsibilities and guaran-
tee proper construction and completion in
every detail of the work in accordance with
the plans, specifications and terms set forth
under these regulations.
a. The developer shall furnish the plans,
specifications and typical sections for
approval by the city. It shall be under-
stood that the work to be done will not
necessarily be limited to occurring
within the right-of-way or park bound-
aries.
b. The city has authority to make or
cause to be made any reasonable
changes, alterations, amendments and
additions to the standard specifica-
tions for infrastructure or park im-
provements.
§ 38.39.020UNIFIED DEVELOPMENT CODE
CD38:289PROOFS
3.Control of work.During the course of
construction, and at the completion of each
phase of the project, the developer's regis-
tered civil engineer, or other person accept-
able 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's design standards and specifica-
tions policy, and shall be followed by
the developer and/or the developer's
contractors. All plans and specifica-
tions related to park and public trail
improvements shall be submitted to
the parks division for review and ap-
proval.
c. After the preliminary plat has re-
ceived approval or conditional ap-
proval, and before the final plat is
submitted, the developer shall either
install the required improvements or
enter into an agreement with the city
financially guaranteeing the installa-
tion and performance of the improve-
ments.
d. After the final site plan is approved,
subject to section 38.39.030.C, and
prior to occupancy of any buildings,
the developer shall either install the
required improvements or enter into
an agreement with the city financially
guaranteeing the installation and per-
formance of the improvements.
5.Sanitary facilities.Water supply, sewage
disposal and solid waste disposal systems
shall meet the minimum standards of the
city and the state department of environ-
mental quality as required by MCA 76-4-
101 through 76-4-135, and regulations ad-
opted pursuant thereto, and are subject to
the approval of the city.
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 prop-
erty damaged during installation of private improve-
ments.
(Ord. No. 1645, § 18.74.020, 8-15-2005; Ord. No.
1693, § 26(18.74.020), 2-20-2007; Ord. No. 1761,
exh. O(18.74.020), 7-6-2009; Ord. No. 1769, exh.
O(18.74.020), 12-28-2009)
Sec. 38.39.030. Completion of improvements.
A.General.The applicant shall provide certifi-
cation by the architect, landscape architect, engi-
neer or other applicable professional that all im-
provements 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, pri-
vate infrastructure, or other required elements were
installed in accordance with the approved site plan,
plans and specifications, or plat as applicable,
unless a waiver of certification in whole or part is
explicitly approved by the DRC.
1.Improvements to be dedicated to the public.
Improvements to be dedicated to the public,
§ 38.39.020 BOZEMAN MUNICIPAL CODE
CD38:290PROOFS
such as water mains, sewer mains, park
land and related improvements, and public
streets, shall be installed in accordance with
the approved plans and specifications by
the developer, and certified by a registered
professional civil engineer, licensed in the
state, and accepted by the city prior to the
approval of the final plat, building permit,
issuance of a certificate of occupancy or
other identified benchmark as may be ap-
propriate.As-built drawings complying with
the city's design standards and specifica-
tions policy, including timing for submittal
of materials, shall be provided.
a. Public street means a public right-of-
way or easement developed to ad-
opted city standards including, but not
limited to, the following improve-
ments: curbs, gutters, storm drainage,
sidewalks, paving, traffic control
signage or equipment, and lighting.
2.Private improvements and other required
improvements.Improvements, such as, but
not limited to, private parks or open space,
landscaping, paving or irrigation shall be
installed in accordance with the approved
preliminary plat or final site plan by the
developer and inspected and found to com-
ply with the city standards or requirements
prior to the approval of the final plat,
issuance of a certificate of occupancy for
the building or site, or other identified
benchmark as may be appropriate. All im-
provements required as part of a subdivi-
sion must be installed and accepted, or
financially secured in accordance with an
improvements agreement, prior to final plat
approval.
3.Improvements agreement required.All im-
provements necessary or required to meet
the standards of this chapter or conditions
of approval shall be the subject of an
improvements agreement and be guaran-
teed if final plat approval, occupancy of
buildings or other utilization of an ap-
proved development is allowed before the
improvements are completed and inspected
by the city.
a.Reservation.The city reserves the right
to require actual installation of im-
provements prior to occupancy when
such improvements are necessary to
provide for health, safety and welfare
or adequate function of systems or
on-site development.
B.Completion time for subdivisions.
1.Improvements.All subdivision improve-
ments, including parks, shall be constructed
and completed as approved by the city.
a. All improvements shall be installed
prior to the issuance of a building
permit for any lot within a subdivision
unless otherwise provided for in de-
velopment proposals occurring under
the provisions of article 20 of this
chapter, planned unit development
(PUD), when concurrent construction
is an identified purpose of the initial
project review, and pursuant to the
criteria established in subsection D of
this section.
b. The subdivider shall meet one of the
following requirements for comple-
tion of street improvements. The op-
tion shall be specified in the prelimi-
naryplatsubmittal.Shouldtheapplicant
not identify which option is desired,
the option presented in subsection
B.1.b.(1) of this section shall be re-
quired. Altering the choice of option
after approval of the development shall
constitute a material modification to
the project and require re-review of
the project for modification to the
approval subject to the provisions of
section 38.01.070.
(1) The subdivision streets improve-
ments shall be installed prior to
final plat approval. This require-
§ 38.39.030UNIFIED DEVELOPMENT CODE
CD38:291PROOFS
ment may be modified by the
city engineer for streets where
dictated by circumstances, and
where acceptable improvement
security for the ultimate devel-
opment of the streets is pro-
vided. However, under no cir-
cumstances shall the required
gravel courses, curbs or gutters
bewaived.Thisrequirementshall
generally not be modified for
nonresidential developments; or
(2) The subdivider shall enter into
animprovementsagreementguar-
anteeing the completion of the
paving, curb, gutter, storm drain-
age, street lighting or other street
infrastructure improvements not
yet completed. The improve-
ments agreement shall be finan-
cially guaranteed, as explained
in this article. However, at a
minimum, the plans and specifi-
cations for the street improve-
ments must be approved by the
city engineer prior to final plat
approval. Building permits will
not be issued until the street
improvements are completed and
accepted by the city unless oth-
erwise provided for in develop-
ment proposals occurring under
the provisions of article 20 of
this chapter, planned unit devel-
opment (PUD), and pursuant to
the criteria established in subsec-
tion D of this section; or
(3) The subdivider may request that
street improvements be guaran-
teed by the creation of a special
improvements district (SID). If a
SID is formed for the improve-
ments, the SID bonds must be
sold before the final plat can be
filed. SIDs shall not be permit-
ted for the installation of subdi-
vision water and sewer improve-
ments. Building permits will not
beissueduntilthestreetimprove-
ments are completed and ac-
cepted by the city unless other-
wise provided for in development
proposals occurring under the
provisions of article 20 of this
chapter, Planned Unit Develop-
ment (PUD), and pursuant to the
criteria established in subsection
D of this section.
2.Sidewalks.City standard sidewalks (includ-
ing a concrete sidewalk section through all
private drive approaches) shall be con-
structed on all public and private street
frontages prior to occupancy of any struc-
ture 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 guaranteeing
the completion of all sidewalks within the
subdivision within a three-year period. The
developer shall supply the city with an
acceptable method of security equal to 150
percent of these remaining sidewalk im-
provements.
a. The subdivider shall install sidewalks
adjacent to public lands, including,
but not limited to, parks, open space,
andtheintersectionofalleysandstreets
or street casements. Sidewalks in these
areas shall be installed prior to final
plat approval, or shall be subject to an
approvedimprovementsagreementand
financially guaranteed.
b. Upon the third anniversary of the plat
recordation of any phase of the sub-
division, any lot owner who has not
constructed said sidewalk shall, with-
out further notice, construct within 30
days, said sidewalk for their lot, re-
gardless of whether other improve-
ments have been made upon the lot.
§ 38.39.030 BOZEMAN MUNICIPAL CODE
CD38:292PROOFS
3.Subdivision lighting.Subdivision lighting,
as required in section 38.23.150shall be
incorporated into all subdivisions. Prior to
final plat approval, subdivision lighting
shall be installed or financially guaranteed.
If the subdivision lighting is financially
guaranteed, they shall be considered as part
of the required street improvements and
building permits shall not be issued until
the improvements are installed, unless oth-
erwise provided for in development propos-
als occurring under the provisions of article
20 of this chapter, Planned Unit Develop-
ment (PUD), and pursuant to the criteria
established in subsection D of this section.
C.Completion time for site development.When-
ever 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 C.1 of this section, these improve-
ments 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 distri-
bution, municipal sanitary sewer collection
systems, and streets means that the criteria
in either subsection a or subsections b and c
are met:
a. Water, sewer and street services are
installed and accepted by the city with
service stubs being extended into the
site, with such stubs being of adequate
size to provide water and sewer ser-
vicetotheproposeddevelopmentwith-
out modification to publicly owned
infrastructure; or
b. The water mains, sewer mains and
streets to be extended to provide ser-
vice to the development are: located
within a publicly dedicated right-of-
way or casement; constructed to cityn
standards; are physically adjacent to
the site proposed for construction; are
installed and accepted by the city; and
are adequate in capacity to provide
necessary service to the proposed de-
velopment; and comply with the re-
quirements of this subsection C.1.b
and subsection C.1.c of this section;
c. Water mains, sewer mains and streets
shall meet the following require-
ments:
(1) Any required on-site extensions
of water mains, 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
irrevocable offer of dedication to
the city upon completion of the
project; the development is un-
der the control of a single devel-
oper who shall retain control of
the entire project until final com-
pletion; all work is under the
supervision of a single general
contractor; and no subdivision
of land is involved;
(2) The DRC shall determine when
the standards of this subsection
C.1 are met. The fire department
must consider whether adequate
fire protection services are avail-
able from existing hydrants, and
water supply exists to meet needs
during construction. If adequate
fire protection does not exist
thenconcurrentinfrastructureand
building construction may only
occur under the provisions of
§ 38.39.030UNIFIED DEVELOPMENT CODE
CD38:293PROOFS
subsection C.1.c.(3) of this sec-
tion. Based on evaluation by the
fire department, simultaneous
construction of infrastructure to
be dedicated to the public and
private construction may be per-
mitted only within a defined por-
tion of the site;
(3) Approval of the final engineer-
ing design, including location
and grade, for the infrastructure
project must be obtained from
the engineering department, and
the state department of environ-
mental 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
on-site and offsite water, sewer
and street or drive improve-
ments are installed and accepted
or approved as applicable by the
city.
D.Exception.When municipal water distribu-
tion and municipal sanitary sewer collection sys-
tems and city streets are being provided to serve a
development proposal occurring under the provi-
sions ofarticle 20 of this chapter, 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 article 20 of this
chapter;
2. The subdivider or other developer must
enter into an improvements agreement to
ensure the installation of required infrastruc-
ture and other applicable improvements, to
be secured by a financial guarantee in an
amount to be determined by the city, with
said guarantee to be in the name of the city;
3. Approval of the final engineering design,
including location and grade, for the infra-
structure project must be obtained from the
engineering department, and the state de-
partment of environmental quality when
applicable, prior to issuance of any building
permit for the development;
4. Building permits may be issued incremen-
tally, dependent upon the status of installa-
tion 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 45 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 agree-
ment with the city which provides for
predetermined infrastructure funding op-
tions;
8. No occupancy of any structures or com-
mencement of any use constructed or pro-
posed within the boundaries of the PUD
will be allowed until required infrastructure
improvements have been completed, and
inspected and accepted by the city, and a
certificate of occupancy has been issued;
a. No occupancy of structures or com-
mencement of any use shall occur
when such action would constitute a
safety hazard in the opinion of the
city;
§ 38.39.030 BOZEMAN MUNICIPAL CODE
CD38:294PROOFS
9. The subdivider shall enter into an agree-
ment with the city to address the provision
of any services on an interim basis during
construction, if deemed appropriate;
10. The subdivider shall execute a hold harm-
less and indemnification agreement indem-
nifying, 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 extraordi-
nary 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 improve-
ments, inspection of the infrastructure im-
provements and any extraordinary adminis-
trative costs;
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 con-
tractor shall agree that there shall be no
third-party builders until required infrastruc-
ture improvements have been completed,
and inspected and accepted by the city; and
13. Subsequent to preliminary plat approval, a
concurrent construction plan, addressing all
requirements of this section, shall be sub-
mitted for review and approval of the plan-
ning director with a recommendation from
the development review committee.
E.Limitations.Notwithstanding the provisions
of subsection D of this section, the city may limit
the scope, type and number of projects eligible for
simultaneous construction consideration.
(Ord. No. 1645, § 18.74.030, 8-15-2005; Ord. No.
1693, § 26(18.74.030), 2-20-2007; Ord. No. 1761,
exh. O(18.74.030), 7-6-2009; Ord. No. 1769, exh.
O(18.74.030), 12-28-2009)
Sec. 38.39.040. Special provisions for timing of
certain improvements.
A.Park, pathway, and boulevard improvements.
1. These required improvements shall be in-
stalled, or subject to an approved improve-
ments agreement and financially guaran-
teed,priortofinalplatapprovaloroccupancy
of a building subject to development re-
view, excluding sketch plans.
2. Due to seasonal considerations, building
and occupancy permits may be issued prior
to installation of these improvements as
long as the improvements are subject to an
approved improvements agreement and are
financially guaranteed.
B.Neighborhood center improvements.
1. With the exception of neighborhood com-
mercialandcivicbuildingsandtheirgrounds,
neighborhood center improvements shall be
installed, or subject to an approved improve-
ments agreement and financially guaran-
teed, prior to final plat approval.
2. Due to seasonal considerations, building
and occupancy permits may be issued prior
to installation of improvements related to
greens, plazas and squares as long as the
improvements are subject to an approved
improvements agreement and are finan-
cially guaranteed.
(Ord. No. 1645, § 18.74.040, 8-15-2005; Ord. No.
1693, § 26(18.74.040), 2-20-2007; Ord. No. 1761,
exh. O(18.74.040), 7-6-2009; Ord. No. 1769, exh.
O(18.74.040), 12-28-2009)
Sec. 38.39.050. Acceptance of improvements.
A.Improvements dedicated to the public.
1. Acceptance of street, road, and bridge im-
provements. Before any subdivision street,
whether new or existing, can be accepted
into the city street system by the city, it
shall be built to meet or exceed the required
standards.Anyimprovementsmadetocounty
roads shall meet or exceed standards set by
§ 38.39.050UNIFIED DEVELOPMENT CODE
CD38:295PROOFS
the county road office, and must be re-
viewed and approved by the county road
office. Any bridge improvement, within the
city or the county, shall meet or exceed
standards set by the state department of
transportation, and must be reviewed and
approved by the county road office and the
city, and accepted by the county road office
into the county's bridge maintenance sys-
tem.
2. Acceptance of park, water, sewer, and storm
drainage improvements. Before any public
park, water, sewer or storm drainage im-
provement, whether new or existing, can be
accepted into the city system by the city, it
shall be built to meet or exceed the required
standards. Any improvement, within the
city or county, shall meet or exceed stan-
dards set by the city, state department of
environmental quality and county road of-
fice, and must be reviewed and approved by
the city and the county road office, as
applicable.
3. As-built record drawings. As-built record
drawings of all public infrastructure im-
provementsconstructedwithinthecity,drawn
to the specifications required by the city,
shall be submitted prior to final plat ap-
proval, per section 24.183.1107(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 im-
provements.
B.Private improvements.The DRC and/orADR
or their representative shall conduct an "as-built"
inspection to verify compliance and shall sign off
on a certificate of occupancy, final plat or other
conclusory action if all terms and details of the
approval are complied with. Except as provided for
in section 38.39.060, no final plat approval or
occupancy shall be permitted, or certificate of
occupancy issued, unless the terms and details of an
approved plat, site or sketch plan are met. Prior to
grant of occupancy, the developer shall certify the
completion of the improvements as required in
section 38.39.030.A.
(Ord. No. 1645, § 18.74.050, 8-15-2005; Ord. No.
1693, § 26(18.74.050), 2-20-2007; Ord. No. 1761,
exh. O(18.74.050), 7-6-2009; Ord. No. 1769, exh.
O(18.74.050), 12-28-2009)
Sec. 38.39.060. Improvements agreements.
A. Required when.
1. When occupancy of a development subject
to zoning review will commence prior to
completion of all required site improve-
ments, generally excluding sketch plans; or
2. When a subdivision is to be granted final
plat approval prior to the completion of all
required improvements, the applicant shall
enter into an improvements agreement with
the city.
3. At the discretion of the planning director,
certain projects receiving a certificate of
appropriateness may be required to enter
into an improvements agreement with the
city at the time of final approval of the
certificate of appropriateness.
B. If an improvements agreement is used to
guarantee the completion of required improve-
ments, including infrastructure, it may allow for the
staged installation of improvements in defined areas
and in accordance with an approved time schedule.
At the city's discretion, the improvements in a prior
increment may be required to be completed or the
payment or guarantee of payment for costs of the
improvements incurred in a prior increment must be
satisfied before development of future increments.
1. If an improvements agreement is filed with
the final subdivision plat to secure infra-
structure improvements, a separate docu-
ment 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 in-
stalled and accepted. This requirement may
§ 38.39.050 BOZEMAN MUNICIPAL CODE
CD38:296PROOFS
be modified by the city engineer for streets
where dictated by circumstances, and where
acceptable improvement security for the
ultimate development of the streets is pro-
vided. However, under no circumstances
shall be required gravel courses, curbs or
gutters be waived. This requirement shall
generally not be modified for nonresiden-
tial developments. No building permits will
be issued for a subdivision within the city
until all required water, sewer, storm drain-
age,requiredstreetlighting,andstreetgravel
courses are installed and accepted unless
otherwise provided for in development pro-
posals occurring under the provisions of
article 20 of this chapter, Planned Unit
Development (PUD), and pursuant to the
criteria established in section 38.39.030.D.
C. Standards for improvements agreements.
1. All agreements. All improvements agree-
ments shall meet the following standards:
a. The agreement and security shall be
satisfactory to the city attorney as to
form and manner of execution;
b. Detailed cost estimates and construc-
tion 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 se-
cured if the agreement is to be acti-
vated;
d. The term for the security referenced in
subsection C.1.c of this section shall
be not less than the length of time of
the improvements agreement;
e. The agreement shall provide for the
city to claim the guarantee by certify-
ing that the developer is in default of
the performance to be secured;
f. 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 uncom-
pleted work, and such that not more
than 90 percent of the security is
released prior to completion of all
improvements. The city may take into
account the location and scope of
development phases in evaluating re-
quests to reduce the amount of a
financial guarantee. The city may re-
quire verification that all liens have
beenreleasedandpaymentsmadeprior
to releasing a portion of the security;
g. Shall provide for the city to require a
replacement security in the event the
issuer of the security becomes insol-
vent, enters receivership, or otherwise
gives cause for the city to lack confi-
dence in the ability of the issuer to
honor the security;
h. Shall permit the city in the event of
default by the developer to include in
the costs to be recovered from the
security those costs resulting from the
need to call in the security, including
but not limited to costs for the city
attorney's time; and
i. The financial security shall be placed
in the keeping of the city treasurer.
2. Subdivisions. Improvements agreements for
subdivisions shall meet the following stan-
dards in addition to those listed in subsec-
tion C.1 of this section:
a. The length of time of the agreement
shall not exceed one year from the
date of final plat approval. The agree-
ment shall stipulate the time schedule
the subdivider proposes for accom-
plishing the required improvements;
b. The estimated cost of improvements
shall be provided by the subdivider's
professional engineer. The city engi-
neer has the discretion to require a
second estimate of the cost of improve-
§ 38.39.060UNIFIED DEVELOPMENT CODE
CD38:297PROOFS
ments, with the cost of obtaining the
second estimate borne by the subdi-
vider. The agreement shall stipulate
which type of security arrangements
will be used;
c. Security for improvements for inter-
nal subdivision streets, water, storm
drainage and sewer mains, shall be
reduced only upon recommendation
of the city engineer;
d. Security for improvements other than
internalsubdivisionstreets,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 finan-
cial security valid for 18 months.
3. Site development. Improvements agree-
ments for developments other than subdivi-
sions shall meet the following standards in
addition to those listed in subsection C.1 of
this section:
a. If occupancy of the structure or com-
mencement of the use is to occur prior
to installation of the required improve-
ments, the installation of those im-
provements must be secured in con-
formance with the requirements of
this article;
b. The length of time of the agreement
and method of security shall not be
less than 12 months;
c. All secured improvements must be
completed by the developer within
nine months of occupancy or the se-
curity shall be forfeited to the city for
the purpose of installing or contract-
ing for the installation of the required
improvements;
d. At the planning director's discretion, a
developer may be permitted to extend
the manner of security, in general for
a period not to exceed one additional
year. Factors such as, but not limited
to, progress of installation achieved to
date and phasing of projects may be
considered;
e. The DRC and/orADR shall determine
which, if any, of the required improve-
ments must be installed prior to occu-
pancy, regardless of the use of a
securedimprovementsagreement.Such
determination shall be based on a
finding that unsafe or hazardous con-
ditions will be created or perpetuated
without the installation of certain im-
provements or that the property will
have an unacceptable adverse impact
on adjoining properties until such im-
provements are installed;
(1) Items include but are not limited
to walkways and signage neces-
sary for ADA compliance, park-
ing surfaces adequate to meet
the needs of the uses to be con-
ducted during the term of the
improvementsagreement,ormat-
ters related to life safety are
required to be installed prior to
any occupancy; and
f. When all provisions are met for occu-
pancy 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 agree-
ment, the building official may issue a
temporary certificate of occupancy
which allows occupancy of the facil-
ity on a temporary basis for a period
not to exceed nine months. When all
required improvements are installed
in compliance with all terms and de-
tails of the site or sketch plan ap-
§ 38.39.060 BOZEMAN MUNICIPAL CODE
CD38:298PROOFS
proval, the temporary occupancy per-
mitshallbewithdrawnandapermanent
certificate of occupancy shall be is-
sued according to the provisions of
this article.
D. Notwithstanding the provisions of this sec-
tion, the city may limit the scope, type and number
of improvements eligible for being secured by an
improvements agreement and require installation
prior to final plat approval, issuance of building
permits, occupancy or other similar actions.
E. The planning director shall be responsible to
sign improvements agreements on behalf of the city.
F. When an improvements agreement is used to
allow the filing of a final plat prior to the comple-
tion of infrastructure, a notice of improvements
agreement shall be recorded along with the plat
which indicates that certain infrastructure work is
still not complete and identifying that work. When
the work has been completed and is accepted by the
city as complete, the city shall record a notice of
completion stating that the work that was the
subject of the improvements agreement is complete.
(Ord. No. 1645, § 18.74.060, 8-15-2005; Ord. No.
1693, § 26(18.74.060), 2-20-2007; Ord. No. 1761,
exh. O(18.74.060), 7-6-2009; Ord. No. 1769, exh.
O(18.74.060), 12-28-2009)
Sec. 38.39.070. Payment for extension of capital
facilities.
The city 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.
(Ord. No. 1645, § 18.74.070, 8-15-2005; Ord. No.
1693, § 26(18.74.070), 2-20-2007; Ord. No. 1761,
exh. O(18.74.070), 7-6-2009; Ord. No. 1769, exh.
O(18.74.070), 12-28-2009)
Sec. 38.39.080. Types of acceptable securities.
A.Financial securities.A variety of means of
providing for the security of improvements agree-
ments, ensuring adequate maintenance of required
improvements and ensuring compliance with con-
ditions of approval for various developments may
be allowed. One or more of the following instru-
ments may be used to provide a financial security
for improvements to be completed. The method,
terms and amount of security must be acceptable to
the city. Financial security is the primary method to
provide security for installation of physical improve-
ments.
1. Direct payment of cash to the city;
2. Irrevocable letters of credit;
3. Cash escrows held by the city, or held by an
approved escrow agent and subject to an
executed escrow agreement; or
4. Performance bonds, in limited circum-
stances and subject to approval by the city
attorney.
B.Nonfinancial securities.In addition to the
possible financial securities listed above, the fol-
lowing nonfinancial securities may be used to
ensure compliance with conditions of approval,
ensure maintenance of required improvements and
coordinate timing of development. When deemed
appropriate, the city may use nonfinancial security
methods in combination with a financial security
method.
1. Granting of final permits;
2. Sequential approval of multiphased proj-
ects, with subsequent phases to not receive
approval until prior approved phases have
complied with all requirements;
3. Formation of a special improvement or
maintenance district. This method shall not
be considered completed until after all final
actions have occurred and the district is in
existence and the bonds sold;
§ 38.39.080UNIFIED DEVELOPMENT CODE
CD38:299PROOFS
4. Establishment of a property owners associ-
ation with city enforceable duties to main-
tain certain improvements;
5. Irrevocable offer of dedication of improve-
ments 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.
(Ord. No. 1645, § 18.74.080, 8-15-2005; Ord. No.
1693, § 26(18.74.080), 2-20-2007; Ord. No. 1761,
exh. O(18.74.080), 7-6-2009; Ord. No. 1769, exh.
O(18.74.080), 12-28-2009)
Sec. 38.39.090. Development or maintenance of
common areas and facilities by
developer or property owners'
association.
A.General.For the purposes of this section,
"common areas and facilities" include:
1. Public and/or private park land;
2. Boulevard strips in public rights-of-way
along external subdivision streets and adja-
cent to parks and/or open space;
3. Common open space;
4. Neighborhood centers (except for neighbor-
hood 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 park land, boulevard strips or
common open space, the development plan
shall be accompanied by a landscaping plan
that was prepared by a qualified landscap-
ing professional.When landscaping in com-
mon areas is installed by the subdivider, the
subdivider shall warrant against defects in
these improvements for a period of two
years from the date of installation of the
landscaping. When landscaping in a park is
installed by the subdivider, the subdivider
shall comply with the Parks Design Stan-
dards and warrant against defects in these
improvements for a period of two years
from the date of installation of the landscap-
ing.
2.Tree permits.If trees will be planted in
dedicated city park land or boulevard strips,
tree planting permits shall be obtained from
the forestry department.
C.Maintenance.When common areas or facili-
ties will be maintained by the subdivider or by a
property owners association, a maintenance plan
that complies with section 38.39.030 shall be sub-
mitted with the preliminary plat application for
review and approval. The maintenance plan shall
include a maintenance schedule, and a mechanism
to assess and enforce the common expenses for the
common area or facility. The maintenance plan
shall be included in the subdivision covenants. The
developer shall provide all necessary maintenance
until the improvements are transferred to a property
owners association, or other final custodian. Main-
tenance shall be provided by the property owners
association for parks until the city shall establish a
park maintenance district or other dedicated fund-
ing source and affirmatively accept responsibility
for maintenance. The provisions of section
38.38.030.A.8 apply to this section.
1.Landscaping warranty.Any required or
proposed landscaping must be maintained
in a healthy, growing condition at all times.
Any plant that dies must be replaced with
another living plant that complies with the
approved landscape plan.
§ 38.39.080 BOZEMAN MUNICIPAL CODE
CD38:300PROOFS
2.Shade tree maintenance.The forestry de-
partment shall be responsible for the main-
tenance of shade trees in all city rights-of-
way and on city property, including parks.
(Ord. No. 1645, § 18.90.090, 8-15-2005; Ord. No.
1693, § 26(18.74.090), 2-20-2007; Ord. No. 1761,
exh. O(18.74.090), 7-6-2009; Ord. No. 1769, exh.
O(18.74.090), 12-28-2009)
Sec. 38.39.100. Warranty.
All publicly dedicated improvements shall be
subject to a warranty of duration and scope to meet
the city's design standards and specifications man-
ual and/or park design standards as applicable.
(Ord. No. 1645, § 18.74.100, 8-15-2005; Ord. No.
1693, § 26(18.74.100), 2-20-2007; Ord. No. 1761,
exh. O(18.74.100), 7-6-2009; Ord. No. 1769, exh.
O(18.74.100), 12-28-2009)
ARTICLE 40. NOTICING
Sec. 38.40.010. Purpose.
It is the intent of this article to provide for
adequate notice of governmental actions to those
affected by such actions. Notice is required in order
for citizens to participate in decision making which
affects their interests and provides opportunity to
receive information pertinent to an application that
would not otherwise be available to the decision
maker. In establishing standards for providing such
notice, the need for expeditious processing of ap-
plications is also recognized.
(Ord. No. 1645, § 18.76.010, 8-15-2005; Ord. No.
1693, § 27(18.76.010), 2-20-2007; Ord. No. 1761,
exh. P(18.76.010), 7-6-2009)
Sec. 38.40.020. Contents of notice.
A. The following elements shall be included in
notices issued pursuant to this chapter:
1. Address of the property, or its location by
approximate distances from the nearest ma-
jor street intersections, or other description
to identify the affected property;
2. Legal description of the property;
3. The name and address of the applicant;
4. The name and address of the owner of
record;
5. The number, date, time and place of all
relevant scheduled public hearings by the
city commission, board of adjustment, plan-
ning board or zoning commission, meetings
of other review bodies established by this
chapter at which final decisions shall be
made, or the date of any final public com-
ment deadline;
6. A description of how and where additional
information regarding the action may be
obtained including the address and phone
number of the city; and
7. A brief description of the subject of the
notice.
B. The following additional elements shall be
included in notices required for site plans, master
site plans, certificates of appropriateness, condi-
tional use permits, planned unit developments, de-
viations, variances and subdivisions:
1. A map of the area in question so as to
indicate its general location and proximity
to surrounding properties shall be included
in mailed and posted notices; and
2. A reference to the appeals process for this
chapter for notices regarding projects where
the board of adjustment or city commission
will not be making the final decision.
C. The following additional elements shall be
included in all notices required for text amendments
to this chapter:
1. A summary explanation of the intent of the
change, with reference to the exact text
being available for public review.
D. For site and subdivision developments, the
applicant shall provide for the purposes of noticing
a list of names and addresses of property owners
within 200 feet of the site, using the most current
known property owners of record as shown in the
records of the county clerk and recorder's office and
§ 38.40.020UNIFIED DEVELOPMENT CODE
CD38:301PROOFS
stamped, unsealed envelopes (with no return ad-
dress) addressed with names of above property
owners, and/or labels with the names of the above
property owners, as specified on the appropriate
application.
(Ord. No. 1645, § 18.76.020, 8-15-2005; Ord. No.
1670, § 18.76.020, 8-28-2006; Ord. No. 1693,
§ 27(18.76.020), 2-20-2007; Ord. No. 1761, exh.
P(18.76.020), 7-6-2009)
Sec. 38.40.030. Notice requirements for applica-
tion processing.
A. The following minimum standards for tim-
ing, location of noticing area and type of notice
shall be provided. Noticing provisions are cumula-
tive with the maximum combination of noticing
requirements being provided. When more than one
newspaper notice is required, only one of the
required publication dates must fall within the
minimum and maximum days required.
B. If for some reason a required property owner
fails to receive mail notification of a scheduled
public hearing, or if one or more of the required
posted signs in the area or on the site for which the
public hearing is being held is inadvertently moved
through no fault of the city, this in no way shall
invalidate the legal notice requirements of the
scheduled public hearing.
C. Notice may also be provided to property
owners in any additional area that may be substan-
tially impacted by the proposed change or use as
determined by the planning director. The planning
director may use other means in addition to posting,
mailing, or publication to provide notice.
______________________________________________________________________________________
Table 38.40.030
Application Minimum Days12 Maximum Days12 Distance1 Notice Type
Text amendment 15 45 NA Newspaper once
ZMA2 15 45 200 Newspaper once,
post on-site, mail
1st class
ZMA2- Resulting
from ordinance
changes
15 45 None Newspaper once
ZMA2- Annexation
w/ initial zoning
15 45 None Newspaper once,
post on-site, mail
1st class
Variance - Flood-
plain, zoning, and
subdivision
15 45 200 Newspaper once
(zoning 2 times),
post on-site, mail
1st class
Public agency ex-
emption
15 45 None Newspaper 2 times,
post on-site
Deviation 15 45 200 Newspaper 2 times,
post on-site, mail
1st class
Appeals3 15 45 2003 Newspaper 2 times,
post on-site, mail
1st class
§ 38.40.020 BOZEMAN MUNICIPAL CODE
CD38:302PROOFS
Application Minimum Days12 Maximum Days12 Distance1 Notice Type
Sketch plan/reuse/
change in use/fur-
ther development
None None None None
Sketch plan4 15 45 None Post on-site
Informal/concept
plan
None None None None
Preliminary site
plan or master site
plan
15 45 200 Post on-site, mail
1st class
Preliminary PUD5 15 45 200 Newspaper 2 times,
post on-site, mail
1st class
Preliminary CUP6 15 45 200 Newspaper 2 times,
post on-site, mail
1st class
Floodplain permit 15 45 200 Newspaper, mail
1st class
COA7 None None None None
Final site plan None None None None
Final PUD plan None None None None
Final CUP plan None None None None
Subdivision exemp-
tion
None None None None
1st minor subdivi-
sion without vari-
ance- preliminary
plat
15 45 200 Mail 1st class
1st minor subdivi-
sion with variance/
2nd minor/major
subdivision - Pre-
liminary plat
15 (Planning
Board)
45(Commission)200 Newspaper8, post
on-site, mail 1st
class9, certified
mail10
Final plat None None None None
Notice of viola-
tion11
15 45 None Post on-site, certi-
fied mail to land-
owner
1The distance from the exterior property boundary of the site to all or part of another parcel of land whose
owners must be notified of a governmental action. This distance includes the width of a right-of-way or
other public ownership.
2Zone map amendment, article 37 of this chapter.
3Posting and mailing only applies to appeals taken from actions to approve, approve with conditions or deny
a development proposal and not to appeals of administrative interpretations.
4Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition of
contributing structures in the neighborhood conservation overlay district, or modification of wetlands.
§ 38.40.030UNIFIED DEVELOPMENT CODE
CD38:303PROOFS
5Planned unit development, article 20 of this chapter.
6Conditional use permit, article 19 of this chapter.
7Certificate of appropriateness, articles 16 and 17 of this chapter.
8When newspaper notice is required the notice shall be published in a newspaper of general circulation.
9Mail by first class to all landowners within 200 feet except those subject to certified mail.
10Certified mail must be sent to recorded purchasers under contract for deed in addition to owners of
physically contiguous property and the subdivider.
11Notices of violation subject to section 38.34.160.
12 Days prior to the close of the public comment period or public hearing unless otherwise specified in this
chapter.
(Ord. No. 1645, § 18.76.030, 8-15-2005; Ord. No. 1670, § 18.76.030, 8-28-2006; Ord. No. 1761, exh.
P(18.76.030), 7-6-2009)
______________________________________________________________________________________
Sec. 38.40.040. Notice of city approval within
neighborhood conservation and
entryway overlay districts.
In order to inform adjacent property owners and
residents that an application within an overlay
district has been approved by the city, any site
approved for construction or alterations within an
overlay district shall be posted with a notice sup-
plied by the planning department. The notice shall
be posted in a conspicuous place on the site before
any construction begins and may be removed when
the project is substantially complete. The notice
shall specify the name of the owner of record, the
address of the property, a description of the scope of
work approved and the date of city approval.
(Ord. No. 1645, § 18.76.040, 8-15-2005; Ord. No.
1693, § 27(18.76.040), 2-20-2007; Ord. No. 1761,
exh. P(18.76.040), 7-6-2009)
ARTICLE 41. SUBMITTAL MATERIALS
AND REQUIREMENTS
Sec. 38.41.010. General.
All applications and supplemental material, in-
cluding all copies of plats and site development
plans, shall be bound and folded into complete 81/2-
by 11-inch or 81/2- by 14-inch sets ready for
distribution.All plats shall be on one or more sheets
either 18- by 24-inches or 24- by 36-inches in size,
and shall be folded and included in the bound
submittal. A digital (PDF) copy of the entire sub-
mittal (applications, supplemental material, plat and
plans) shall be provided as required.
(Ord. No. 1645, § 18.78.010, 8-15-2005; Ord. No.
1693, § 28(18.78.010), 2-20-2007; Ord. No. 1709,
§ 15(18.78.010), 7-16-2007; Ord. No. 1761, exh.
Q(18.78.010), 7-6-2009)
Sec. 38.41.020. Streambed, streambank and/or
wetlands permits.
A. The developer shall provide the planning
department with a copy of all required streambed,
streambank or wetlands permits, or written notifi-
cation 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, which-
ever is sooner. These permits include but are not
limited to:
1. Montana Stream Protection Act (SPA 124
Permit). Administered by the Habitat Pro-
tection Bureau, Fisheries Division, Mon-
tana Fish, Wildlife and Parks.
2. Stormwater discharge general permit. Ad-
ministered by the water quality bureau,
state department of environmental quality.
§ 38.40.030 BOZEMAN MUNICIPAL CODE
CD38:304PROOFS
3. Montana Natural Streambed and Land Pres-
ervation Act (310 Permit). Administered by
the board of supervisors, county conserva-
tion district.
4. Montana Floodplain and Floodway Man-
agementAct (Floodplain Development Per-
mit). Administered by the city engineering
department.
5. Federal Clean Water Act (404 Permit).
Administered by the U.S. Army Corps of
Engineers and the U.S. Environmental Pro-
tection Agency.
6. Federal Rivers and HarborsAct (Section 10
Permit). Administered by the U.S. Army
Corps of Engineers.
7. Short-term Water Quality Standard for Tur-
bidity (318 Authorization). Administered
by state department of environmental qual-
ity.
8. Montana Land-Use License or Easement on
NavigableWaters.Administered by the state
department of natural resources and conser-
vation.
9. Montana Water Use Act (Water Right Per-
mit and Change Authorization). Adminis-
tered by the water rights bureau, state
department of natural resources and conser-
vation.
(Ord. No. 1645, § 18.78.020, 8-15-2005; Ord. No.
1693, § 28(18.78.020), 2-20-2007; Ord. No. 1709,
§ 15(18.78.020), 7-16-2007; Ord. No. 1761, exh.
Q(18.78.020), 7-6-2009)
Sec. 38.41.030. Subdivision preapplication plan.
A. The preapplication plan may be a freehand
sketch, legibly drawn, showing approximate bound-
aries, 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 map.A sketch map showing:
a. The names of adjoining subdivisions
and numbers of adjoining certificates
of survey, along with adjacent lot and
tract lines.
b. Location, name, width and owner of
existing or proposed streets, roads and
easements within the proposed subdi-
vision; existing streets, roads and ease-
ments 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.
c. Location of all existing structures,
including buildings, railroads,
powerlines towers, and improvements
inside and within 100 feet of the
proposed subdivision.
d. Zoning classification within the pro-
posed subdivision and adjacent to it.
The zoning proposed for the subdivi-
sion, if a change is contemplated.
2.Topographic features.Topographic features
of the proposed subdivision and adjacent
subdivisions and tracts, including:
a. Acurrent U.S. Geological Survey top-
ographic map at the largest scale avail-
able with the subdivision clearly out-
lined.
b. Embankments, watercourses, drain-
age channels, areas of seasonal water
ponding, areas within the designated
floodway, marsh areas, wetlands, rock
outcrops,woodedareas,noxiousweeds
and areas of active faults. Include
copies of any permits listed in section
38.41.020 that have been obtained for
the project.
3.Utilities.The existing and proposed utilities
located on and adjacent to the proposed
subdivision including:
a. Location, size and depth of sanitary
and storm sewers, water mains and
gas lines.
b. Location of fire hydrants, electric lines,
telephone lines, sewage and water
treatment, and storage facilities.
§ 38.41.030UNIFIED DEVELOPMENT CODE
CD38:305PROOFS
4.Subdivision layout.The proposed layout of
the subdivision showing the approximate:
a. Subdivisionblock,tract,andlotbound-
ary lines, with numbers, dimensions,
and areas for each block, tract and lot.
b. Street location, right-of-way width,
and name.
c. Easement location, width and pur-
pose.
d. Sites to be dedicated or reserved as
park, common open space or other
public areas, with boundaries, dimen-
sions and areas.
e. Sites for commercial centers, churches,
schools, industrial areas, condomini-
ums, manufactured housing commu-
nity and uses other than single-house-
hold residences.
5.Development plan.An overall development
plan indicating future development of the
remainder of the tract, if the tract is to be
developed in phases.
6.Name and location.A title block indicating
the proposed name, quarter-section, sec-
tion, township, range, principal meridian
and county of subdivision.
7.Notations.Scale, north arrow, name and
addresses of owners and developers, and
date of preparation.
8.Variances.Alist of variance requests which
will be submitted with the application for
preliminary plat application.
9.Waivers.List of waivers requested from the
requirements of section 38.41.060 shall be
submitted with the preapplication.The DRC
shall be responsible for granting waivers,
and the planning department staff shall
notify the developer in writing of any
waivers granted from section 38.41.060
after the preapplication meeting or plan
review.
10.Parks and recreation facilities.The follow-
ing information shall be provided for all
land proposed to meet park land dedication
requirements:
a. Park concept plan, including:
(1) Site plan for the entire property;
(2) The zoning and ownership for
adjacent properties;
(3) The location of any critical lands
(wetlands,riparianareas,streams,
etc.);
(4) General description of land, in-
cluding size, terrain, details of
location and history, and pro-
posed activities; and
(5) Description of trails or other rec-
reational features proposed to
connect the proposed park area
to other park or open space ar-
eas.
11.Digital (PDF) copy of entire submittal.
12.Affordable housing.Describe how the sub-
division proposes to satisfy the require-
ments of chapter 10, article 8.
(Ord. No. 1645, § 18.78.030, 8-15-2005; Ord. No.
1693, § 28(18.78.030), 2-20-2007; Ord. No. 1709,
§ 15(18.78.030), 7-16-2007; Ord. No. 1761, exh.
Q(18.78.030), 7-6-2009)
Sec. 38.41.040. Subdivision preliminary plat.
A. The preliminary plat shall be legibly drawn at
a horizontal scale no smaller than 100 feet to the
inch, and may show approximate boundaries, di-
mensions, 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 engineer or registered land surveyor,
licensed in the state, as their respective licensing
laws allow. The plat submittal shall include the
following:
1.Preapplication information.All informa-
tion required with the preapplication plan,
as outlined in section 38.41.030.
§ 38.41.030 BOZEMAN MUNICIPAL CODE
CD38:306PROOFS
2.Subdivision information.Name and loca-
tion of the subdivision, scale, scale bar,
north arrow, date of preparation, lots and
blocks (designated by number), the dimen-
sions and area of each lot, and the use of
each lot, if other than for single-household.
3.Streets, roads and grades.All streets, roads,
alleys, avenues, highways and easements;
the width of the right-of-way, grades and
curvature of each; existing and proposed
road and street names; and proposed loca-
tion of intersections for any subdivision
requiring access to arterial or collector
streets.
4.Adjoining subdivisions.The names of ad-
joining platted subdivisions and numbers of
adjoining certificates of survey.
5.Adjoining owners.Names and addresses of
record owners of lots and tracts immedi-
ately adjoining the proposed subdivision.
6.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.
7.Section corner.The approximate location of
all section corners or legal subdivision
corners of sections pertinent to the subdivi-
sion boundary.
8.Phased improvements.If the improvements
required are to be completed in phases after
the final plat is filed, the approximate area
of each phase shall be shown on the plat.
9.Contours.Ground contours shall be pro-
vided for the tract according to the follow-
ing requirements:
Table 38.41.040
Where the average
slope is:
Contour intervals
shall be:
Under 10 percent 2 feet (if all lots are
over one acre in
size, five feet inter-
vals may be used)
Between 10 and 15
percent
5 feet
Greater than 15
percent
10 feet
10.Waivers.List of waivers granted from the
requirements of section 38.41.060 during
the preapplication process shall be submit-
ted with the preliminary plat application.
11.Request for exemption from department of
environmental quality review.If the devel-
oper is proposing to request an exemption
from the department of environmental qual-
ity for infrastructure plan and specification
review, the preliminary plat application shall
include a written request from the develop-
er's professional engineer, licensed in the
state, 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 ap-
proval. A detailed preliminary stormwater
drainage plan must also be submitted with
the written request.
(Ord. No. 1645, § 18.78.040, 8-15-2005; Ord. No.
1693, § 28(18.78.040), 2-20-2007; Ord. No. 1709,
§ 15(18.78.040), 7-16-2007; Ord. No. 1761, exh.
Q(18.78.040), 7-6-2009)
Sec. 38.41.050. Preliminary plat supplements re-
quired for all subdivisions.
A. The following supplemental information shall
be submitted with the preliminary plat.
1.Area map.A map showing all adjacent
sections of land, subdivision, certificates of
survey, streets and roads.
2.Subdivision map.Map of entire subdivision
on an 81/2-by-11-inch, 81/2-by-14-inch, or
11-by-17-inch sheet.
§ 38.41.050UNIFIED DEVELOPMENT CODE
CD38:307PROOFS
3.Variances.A written statement describing
any requested subdivision variance and the
facts of hardship upon which the request is
based (refer to article 35 of this chapter).
4.Property owners.A certified list of adjoin-
ing property owners, their mailing ad-
dresses and property description, including
property owners across public rights-of-
way and/or easements. The names and ad-
dresses shall also be provided on self-
adhesive mailing labels, one set of labels
for first minor subdivisions or subdivisions
eligible for summary review, and three sets
of labels for all other subdivisions.
5.Documents and certificates.Draft copy of
the following documents, and certificates to
be printed on or to accompany the prelim-
inary plat:
a. Covenants, restrictions and articles of
incorporation for the property owners
association.
b. Encroachment permits or a letter in-
dicating intention to issue a permit
where new streets, easements, rights-
of-way or driveways intersect state,
county or city highways, streets or
roads.
c. A letter of approval or preliminary
approval from the city where a zoning
change is necessary.
d. A draft of such other appropriate cer-
tificates.
e. Provision for maintenance of all streets
(including emergency access), parks,
and other required improvements if
not dedicated to the public, or if
private.
6.Street profile sheets.Profile sheets for street
grades greater than five percent.
7.Application and fee.Completed prelimi-
nary plat application form, with the original
signatures of all owners of record or their
authorized representatives, and the required
review fee. If an authorized representative
signs on behalf of an owner of record, a
copy of the authorization shall be provided.
8.Noxious weed management and revegeta-
tion plan.Noxious weeds shall be con-
trolled in all developments as directed by
the county weed control district (district) in
accordance with the Montana County Nox-
ious Weed Control Act (MCA 7-22-21).
The developer shall have any noxious weeds
identified and their location mapped by a
person with experience in weed manage-
ment and knowledgeable in weed identifi-
cation. A noxious weed management and
revegetation plan approved by the district
for control of noxious weeds shall be sub-
mitted with the preliminary plat applica-
tion. This plan shall ensure the control of
noxious weeds upon preliminary plat ap-
proval and the revegetation of any land
disturbed during the construction of subdi-
vision improvements.
9.Sanitation information.When the subdivi-
sion does not qualify for the certification
established in section 38.03.050 the subdi-
vider shall provide the information regard-
ing sanitation set forth in MCA 76-3-622.
(Ord. No. 1645, § 18.78.050, 8-15-2005; Ord. No.
1693, § 28(18.78.050), 2-20-2007; Ord. No. 1709,
§ 15(18.78.050), 7-16-2007; Ord. No. 1761, exh.
Q(18.78.050), 7-6-2009)
Sec. 38.41.060. Additional subdivision prelimi-
nary plat supplements.
A. The following list of preliminary plat appli-
cation supplements shall also be provided for all
subdivisions unless waived by the development
review committee during the preapplication pro-
cess. The developer shall include documentation of
any waivers granted by the city after the preapplica-
tion meeting or plan review.Additional relevant and
reasonable information may be required to ade-
quately assess whether the proposed subdivision
complies with this chapter and the Montana Subdi-
§ 38.41.050 BOZEMAN MUNICIPAL CODE
CD38:308PROOFS
vision and Platting Act. The need for additional
information shall be determined during the preap-
plication process.
1.Surface water.
a.Mapping.Locate on a plat overlay or
sketch map all surface waters and the
delineated floodplain which may af-
fect or be affected by the proposed
subdivision including:
(1) Natural water systems such as
natural streams, creeks, stream/
ditches, drainages, waterways,
gullies, ravines or washes in
which water flows either contin-
uously or intermittently and has
adefinitechannel,bedandbanks.
(2) Artificial water systems such as
canals, ditches, ditch/streams, aq-
ueducts, reservoirs, irrigation or
drainage systems.
b.Description.
(1) Describe all surface waters which
may affect or be affected by the
proposed subdivision including
name, approximate size, present
use and time of year when water
is present.
(2) Describe proximity of proposed
construction (such as buildings,
sewer systems, streets) to sur-
face waters.
c.Water body alteration.Describe any
existing or proposed streambank or
shoreline alterations or any proposed
construction or modification of lake
beds,watercoursesorirrigationditches.
Provide information on location, ex-
tent, type and purpose of alteration.
Provide a revised floodplain analysis
report, in compliance with article 31
of this chapter, as appropriate.
d.Wetlands.If the subdivision contains
wetlands, as defined in article 42 of
this chapter, then a delineation of the
wetland shall be shown on the prelim-
inary and final plats.
e.Permits.Include copies of any per-
mits listed in section 38.41.020 that
have been obtained for the project.
2.Floodplains.A floodplain analysis report
shall be submitted with the preliminary plat
in compliance with article 31 of this chap-
ter.
3.Groundwater.
a.Depth.Establish the seasonal mini-
mum and maximum depth to the wa-
ter table, dates on which these depths
were determined, and the location and
depth of all known aquifers which
may be affected by the proposed sub-
division. The high water table shall be
determined from tests taken during
the period of major concern as speci-
fied in writing by the county environ-
mental health department. Specific lo-
cations for test holes may also be
determined by the county environmen-
tal health department.
b.Steps to avoid degradation.Describe
any steps necessary to avoid the deg-
radation of groundwater and ground-
water recharge areas.
4.Geology; soils; slopes.
a.Geologic hazards.Identify geologic
hazards affecting the proposed subdi-
vision which could result in property
damage or personal injury due to rock
falls or slides; landslides, mud or
snow; surface subsidence (i.e., set-
tling or sinking); or seismic activity.
b.Protectivemeasures.Explainwhatmea-
sures will be taken to prevent or
materially lessen the danger of future
property damage or injury due to any
of the hazards referred to in subsec-
tion A.4.a of this section.
§ 38.41.060UNIFIED DEVELOPMENT CODE
CD38:309PROOFS
c.Unusual features.Provide a statement
describing any unusual soil, topo-
graphic or geologic conditions on the
property which limit the capability for
building or excavation using ordinary
and reasonable construction tech-
niques. The statement should address
conditions such as shallow bedrock,
high water table, unstable or expan-
sive soil conditions, and slope. On a
map, identify any slopes in excess of
15 percent grade.
d.Soils map.The subdivision shall be
overlaid on the county soil survey
maps obtained from the Natural Re-
source and Conservation Service
(NRCS). The maps are 1:24,000 in
scale. These maps may be copied
without permission. However, enlarge-
ment of these maps could cause mis-
understanding of the detail of map-
ping. Soils were mapped using a
minimum delineation of five acres,
and these soils reports were intended
to alert developers to possible prob-
lems and the need for a more detailed
on-site investigation. The developer
shall provide the following soil re-
ports, which can be obtained from the
NRCS:
(1) The physical properties and en-
gineering indexes for each soil
type;
(2) Soil limitations for building and
site development, and water fea-
tures for each soil type;
(3) Hydric soils report for each soil
type. If hydric soils are present,
the developer shall provide a
wetlands investigation by a cer-
tified consultant, using the Fed-
eral Manual for Identifying and
Delineating Jurisdictional Wet-
lands (January 1987); and
(4) The developer shall provide any
special design methods planned
to overcome the above limita-
tions.
e.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.
5.Vegetation.
a.Vegetation map.On a plat overlay or
sketch map:
(1) Indicate the distribution of the
major vegetation types such as
marsh, grassland, shrub, conifer-
ous forest, deciduous forest or
mixed forest.
(2) Identify critical plant communi-
ties such as stream bank or shore-
line vegetation; vegetation on
steep, unstable slopes; and veg-
etation on soils highly suscepti-
ble to wind or water erosion.
b.Protective measures.Describe mea-
sures to preserve trees and critical
plant communities (e.g., design and
location of streets, lots and open
spaces).
6.Wildlife.
a.Species.Describe species of fish and
wildlife which use the area affected
by the proposed subdivision.
b.Critical areas.Identify on a plat over-
lay or sketch map of the proposed
subdivision any known critical, signif-
icant or "key" wildlife areas, such as
big game winter range, waterfowl nest-
ing areas, habitat for rare or endan-
gered species or wetlands.
§ 38.41.060 BOZEMAN MUNICIPAL CODE
CD38:310PROOFS
c.Pets/human activity.Describe the ex-
pected effects of pets and human ac-
tivity on wildlife.
d.Public access.Describe the effects on
public access to public lands, trails,
hunting or fishing areas.
e.Protective measures.Describe any pro-
posed measures to protect or enhance
wildlife habitat or to minimize degra-
dation(e.g.,keepingbuildingandstreets
back from shorelines, setting aside
marshlandasundevelopedopenspace).
f.Discussion of impact; documentation.
The developer shall discuss the im-
pact of the proposed development on
fish and wildlife with the state depart-
mentoffish,wildlifeandParks(FWP).
With the preliminary plat, the devel-
oper shall provide written documenta-
tion from FWP that:
(1) Verifies that FWP has reviewed
the proposed plat;
(2) Lists any FWP recommenda-
tions; and
(3) Outlines any mitigation planned
to overcome any adverse im-
pacts.
7.Historical features.
a.Affected areas.Describe and locate on
a plat overlay or sketch map any
known or possible historic, paleonto-
logical,archaeological,orculturalsites,
structures, or objects which may be
affected by the proposed subdivision.
b.Protectivemeasures.Describeanyplans
to protect such sites or properties.
c.Procedures.Describe procedures to
be followed if any historic, paleonto-
logical, archaeological, cultural sites,
structures or object are found on site
during site preparation and construc-
tion.
d.Discussion of impact; documentation.
The developer shall discuss the im-
pact of the proposed development on
any historic features, and the need for
inventory, study and/or preservation
with the state historic preservation
office (SHPO). The developer shall
provide written documentation from
SHPO that:
(1) Verifies that SHPO has reviewed
the proposed plat;
(2) Lists any SHPO recommenda-
tions;
(3) Outlines any plans for inventory,
study, and/or preservation; and
(4) Describes any mitigation planned
to overcome any adverse im-
pacts.
e.Preparation of information.Informa-
tion on historical sites shall be pre-
pared by a qualified professional, in-
cluding persons with a professional or
educational background in history, ar-
chitectural history, archaeology, art
history, historic preservation, anthro-
pology and cultural resource manage-
ment.
8.Agriculture.
a. Number of acres in production and
type of production.
b. Agricultural operations in the vicinity,
and other uses of land in the general
vicinity.
c. The productivity of the land.
d. Whether or not the property is part of
a viable farm unit, and whether the
property was under production during
the last regular season.
e. What measures will be taken, if any,
to control family pets.
f. Fencing of agricultural land. Describe
any existing fence lines around the
subdivision boundary which protect
§ 38.41.060UNIFIED DEVELOPMENT CODE
CD38:311PROOFS
agricultural lands under an ownership
other than of the developer, and de-
scribe 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 contin-
ued maintenance of the fence.
9.Agricultural water user facilities.
a. Type, description, ownership and us-
ers of facilities.
b. Written documentation demonstrating
active use of facilities. If a facility is
not being actively used, include a
written plan for abandonment.
c. Describe any proposed realignment.
All realignments must comply with all
relevant requirements of state law.
10.Water and sewer.Provide an engineering
design report and/or other documentation
demonstrating that adequate water distribu-
tion systems and capacity, and sewage col-
lection and disposal systems and capacity,
exists to serve the proposed subdivision.
11.Stormwatermanagement.Astormwaterman-
agement plan shall be submitted with the
preliminary plat. A system shall be de-
signed to remove solids, silt, oils, grease
and other pollutants from the runoff from
the private and public streets and all lots,
including:
a. The plan shall depict the retention/
detention basin locations, and locate
and provide easements for adequate
drainageways within the subdivision
to transport runoff to the stormwater
receiving channel. Stormwater receiv-
ing channels shall be clearly identified
for all ponds.
b. The plan shall include sufficient site
gradingandelevationinformation(par-
ticularly for the basin sites,
drainageways and lot finished grades),
typical stormwater retention/detention
basin and discharge structure details,
basin sizing calculations, and a
stormwater maintenance plan.
c. Any necessary stormwater easements.
12.Streets, roads and alleys.
a.Description.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 demon-
strate that the land to be subdivided
has access onto a legal street.
b.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
accesscomplieswithsection38.24.090.
c.Modification of existing streets, roads
or alleys.Explain any proposed clo-
sure or modification of existing streets,
roads or alleys.
d.Dust.Describe provisions considered
for dust control on alleys.
e.Pollution and erosion.Explain how
street, road and alley maintenance
will be provided to meet the depart-
ment of environmental quality guide-
lines for prevention of water pollution
and erosion.
f.Traffic generation.Discuss how much
daily traffic will be generated on ex-
isting local and neighborhood streets,
roads and alleys, when the subdivi-
sion is fully developed, and provide
the following information:
(1) The report format shall be as
follows:
(a) Trip generation, using the
Institute of Transportation
Engineers Trip Generation
Manual;
§ 38.41.060 BOZEMAN MUNICIPAL CODE
CD38:312PROOFS
(b) Trip distribution;
(c) Traffic assignment;
(d) Capacity analysis;
(e) Evaluation; and
(f) Recommended access plan,
including access points,
modifications and any mit-
igation techniques.
(2) The report shall include the fol-
lowing information:
(a) Land use and trip genera-
tion in the form of a table
of each type of land use,
the number of units or
square footage, as appropri-
ate, the trip rates used (daily
and peak) and resulting trip
generation.
(b) Traffic graphics, which
show:
(i) A.M. peak hour site
traffic;
(ii) P.M. peak hour site
traffic;
(iii) A.M. peak hour total
traffic;
(iv) P.M. peak hour total
traffic;
(v) Totaldailytraffic(with
site-generated traffic
shown separately).
(c) A.M. and P.M. capacity
analysis with an A.M. and
P.M. peak-hour capacity
analysis provided for:
(i) All major drive ac-
cesses that intersect
collector or arterial
streets or roads; and
(ii) All arterial-arterial,
collector-collectorand
arterial-collectorinter-
sections within one-
half mile of the site,
or as required by the
city engineer during
the preapplication re-
view, concept plan re-
view,orinformalproj-
ect review.
(d) Fortwo-waystopcontrolled
intersections, analysis of
whether the intersection
would satisfy signalization
warrantsifthetwo-waystop
control was removed.
g.Capacity.Indicate the levels of ser-
vice (before and after development) of
existingandproposedstreetsandroads,
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.
h.Bicycleandpedestrianpathways,lanes
and routes.Describe bicycle and pe-
destrian pathways, lanes or routes to
be developed with the development.
i.Traffic calming.Detailed drawings of
any proposed traffic calming installa-
tions, including locations and turning
radius templates.
13.Utilities.The developer shall submit a copy
of the subdivision plat to all relevant utility
companies. With the preliminary plat, the
developer shall provide written documenta-
tion of the following:
a. Affected utilities. Indicate which af-
fected utilities the subdivision plat has
been submitted to for review, and
include a copy of responses.
b. Include a description of:
(1) The method of furnishing elec-
tric, natural gas, cable TV, inter-
net or telephone service, where
provided.
§ 38.41.060UNIFIED DEVELOPMENT CODE
CD38:313PROOFS
(2) Estimated timing of each utility
installation.
(3) The developer shall provide a
written statement from the util-
ity companies that the proposed
subdivision can be provided with
service.
14.Educational facilities.With the preliminary
plat, provide a written statement from the
administrator of the appropriate school sys-
tem indicating whether the increased enroll-
ment can be accommodated by the present
personnel and facilities and by the existing
school bus system.
15.Land use.
a. Indicate the proposed use and number
of lots or spaces in each:
(1) Residential area, single-house-
hold;
(2) Residential area, multiple-house-
hold. Types of multiple-house-
hold structures and numbers of
each (e.g., duplex, four-plex);
(3) Planned unit development (num-
ber of units);
(4) Condominium (number of units);
(5) Manufactured housing commu-
nity (number of units);
(6) Recreational vehicle park;
(7) Commercial or industrial; and
(8) Other (please describe).
16.Parks and recreation facilities.The follow-
ing information shall be provided for all
land used to meet park land dedication
requirements:
a.Park plan.A park plan, including:
(1) Site plan for the entire property;
showing developer installed im-
provements on the initial park
plan and proposed future im-
provements on the future park
plan;
(2) Drainage areas;
(3) Utilities in and adjacent to the
property;
(4) The zoning and ownership for
adjacent properties;
(5) The location of any critical lands
(wetlands,riparianareas,streams,
etc.) and location of watercourse
setbacks;
(6) Park landscaping plan, prepared
by a qualified landscape profes-
sional in accordance with sec-
tion 38.41.100, showing the lo-
cation and specific types and
species of plants, shrubs, trees as
well as grass seed mixes;
(7) General description of land, in-
cluding size, terrain, details of
location and history, and pro-
posed activities;
(8) Trail design and construction
showing compliance with ad-
opted city standards and trail
classifications;
(9) The requirement for approval of
the final park plan by the city
commission with a recommenda-
tion from the city recreation and
parks advisory board prior to
any site work;
(10) Therequirementforapreconstruc-
tion meeting prior to any site
work;
(11) Appropriate sections from the
design guidelines for city parks;
(12) Cost estimate and installation re-
sponsibilityforallimprovements;
(13) If playground equipment will be
provided, information including
themanufacturer,installationdata
and specifications, installer, type
of fall zone surfacing and age
group intended for use shall be
provided; and
§ 38.41.060 BOZEMAN MUNICIPAL CODE
CD38:314PROOFS
(14) Soils information and analysis.
b.Park maintenance.
(1) Maintenanceinformation,includ-
inglevelsofmaintenance,amain-
tenance schedule, and responsi-
ble parties;
(2) Weed control plan, including re-
sponsible parties; and
(3) Plan for garbage collection, snow
removal and leaf removal includ-
ing responsible parties.
c.Irrigation information.
(1) An irrigation system map gener-
ally showing the locations and
types of lines, including depth,
water source, heads, electric
valves, quick couplers, drains
and control box; and
(2) If a well will be used for irriga-
tion, a certified well log shall be
submitted showing depth of well,
gpm, pump type and size, volt-
age, water rights, etc.
d.Phasing.If improvements will be
phased, a phasing plan shall be pro-
vided including proposed financing
methods and responsibilities.
17.Neighborhood center plan.Aneighborhood
center plan shall be prepared and submitted
for all subdivisions containing a neighbor-
hood center.
18.Lighting plan.The following subdivision
lighting information shall be submitted for
all new subdivisions:
a. For subdivision applications where
lighting is required or proposed, light-
ing plans shall be submitted to the city
for review and approval, and shall
include:
(1) Isofootcandle plots for individ-
ual fixture installations, and ten-
foot by ten-foot illuminance-
grid plots for multifixture
installations, which demonstrate
compliance with the intensity and
uniformity requirements as set
forth in this chapter.
(2) Description of the proposed
equipment,includingfixtureman-
ufacturer's cutsheets,
photometrics, glare reduction de-
vices, lamps, on/off control de-
vices, mounting heights, pole
foundation details and mounting
methods.
(3) The lighting plan shall be pre-
pared, and certified for compli-
ance with the city's design re-
quirements and illumination
standards, by a qualified lighting
professional. Qualified lighting
professionals include electrical
engineers, architects, lighting de-
signers and manufacturers repre-
sentatives.
(4) Lighting calculations shall in-
clude only the illuminated areas;
areas occupied by buildings or
other nonlighted areas shall be
excluded from calculations.
b. When requested by the city, the appli-
cant shall also submit a visual-impact
planthatdemonstratesappropriatesteps
have been taken to mitigate on-site
and off-site glare and to retain the
city's character.
c. Post-approval alterations to lighting
plans or intended substitutions for ap-
proved lighting shall only be made
after city review and approval.
19.Miscellaneous.
a.Public lands.Describe how the sub-
division will affect access to any pub-
lic lands. Where public lands are ad-
jacent to or within 200 feet of the
proposed development, describe pres-
ent and anticipated uses for those
§ 38.41.060UNIFIED DEVELOPMENT CODE
CD38:315PROOFS
lands (e.g., open space, recreation,
etc.), and how public access will be
preserved/enhanced.
b.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 de-
scribe any on-site or off-site land uses
creating a nuisance.
20.Affordable housing.Describe how the sub-
division will satisfy the requirements of
chapter 10, article 8. The description shall
be of adequate detail to clearly identify
those lots designated as subject to chapter
10, article 8 compliance requirements and
to make the obligations placed on the af-
fected lots readily understandable.
a. On all lots intended to be used to
satisfy the requirements of chapter 10,
article 8, the allowable building enve-
lope shall be depicted.
(Ord. No. 1645, § 18.78.060, 8-15-2005; Ord. No.
1693, § 28(18.78.060), 2-20-2007; Ord. No. 1709,
§ 15(18.78.060), 7-16-2007; Ord. No. 1755, § 2,
1-20-2009; Ord. No. 1761, exh. Q(18.78.060), 7-6-
2009; Ord. No. 1796, § 8, 1-3-2011)
Sec. 38.41.070. Final plat.
A. A final subdivision plat may not be approved
by the city commission unless all certificates, with
the exception of the 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 ap-
proval 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 complied
with, signed and notarized. This shall include the
certification by the county treasurer that no real
property taxes and special assessments assessed and
levied on the land to be subdivided are delinquent.
1. A final subdivision plat may not be ap-
proved by the city commission or filed by
the county clerk and recorder unless it
complies with the uniform standards for
final subdivision plats as established in the
Administrative Rule of Montana.
2. A letter from the city engineer shall be
submitted to the planning department with
the final plat application, where applicable,
certifying that the following documents
have been received:
a. As-built drawings, i.e., copies of final
plans, profiles, grades and specifica-
tions for public improvements, includ-
ing a complete grading and drainage
plan.
b. Copy of the state highway access or
encroachment permit where a street
created by the plat will intersect with
a state highway.
3. 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 memoran-
dum 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 plan-
ning department with the application for
final plat approval.
4. Final park plan. For all land used to meet
park land dedication requirements, a final
park plan shall be submitted to the city 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
article 39 of this chapter. The final park
plan shall be reviewed and approved by the
city commission, with a recommendation
from the city recreation and parks advisory
§ 38.41.060 BOZEMAN MUNICIPAL CODE
CD38:316PROOFS
board. The final park plan shall include all
of the information listed in section
38.41.060.A.16.
5. Irrigation system as-builts. The developer
shall provide irrigation system as-builts, for
all irrigation installed in public rights-of-
way and/or land used to meet park land
dedication requirements, once the irrigation
system is installed. The as-builts shall in-
clude the exact locations and type of lines,
includingaccuratedepth,watersource,heads,
electric valves, quick couplers, drains and
control box.
6. Affordable housing. The developer shall
provide a description of how the subdivi-
sion has complied with chapter 10, article
8. The description shall be of adequate
detail to clearly identify those lots desig-
nated as subject to chapter 10, article 8
compliance requirements and to make the
obligations placed on the affected lots read-
ily understandable.
(Ord. No. 1645, § 18.78.070, 8-15-2005; Ord. No.
1693, § 28(18.78.070), 2-20-2007; Ord. No. 1709,
§ 15(18.78.070), 7-16-2007; Ord. No. 1761, exh.
Q(18.78.070), 7-6-2009)
Sec. 38.41.080. Siteplansubmittalrequirements.
A. 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 in-
formation for the approval authority to determine
whether the proposed development will meet the
development requirements of the city.
1.General information.
a. Complete, signed application includ-
ing the following:
(1) Name of project/development;
(2) Location of project/development
by street address and legal de-
scription;
(3) Name and mailing address of
developer and owner;
(4) Name and mailing address of
engineer/architect, landscape ar-
chitect and/or planner;
(5) Listing of specific land uses be-
ing proposed; and
(6) Astatement signed by the owner
of the proposed development of
their intent to comply with the
requirements of this Code and
any conditions considered neces-
sary by the approval body;
b. Location map, including area within
one-half mile of the site;
c. List of names and addresses of prop-
erty owners according to article 40 of
this chapter;
d. For all developments, excluding sketch
and reuse/further development, a con-
struction route map shall be provided
showing how materials and heavy
equipment will travel to and from the
site. The route shall avoid, where
possible,localorminorcollectorstreets
or streets where construction traffic
would disrupt neighborhood residen-
tial character or pose a threat to public
health and safety.
2.Site plan information.The following infor-
mation is required whenever the requested
information pertains to zoning or other
regulatory requirements of this chapter, ex-
isting conditions on-site or conditions on-
site which would result from the proposed
development:
a. Boundary line of property with dimen-
sions;
b. Date of plan preparation and changes;
c. North point indicator;
d. Suggested scale of one inch to 20 feet,
but not less than one inch to 100 feet;
§ 38.41.080UNIFIED DEVELOPMENT CODE
CD38:317PROOFS
e. Parcel and site coverage information:
(1) Parcel size in gross acres and
square feet;
(2) Estimated total floor area and
estimated ratio of floor area to
lot size (floor area ratio, FAR),
with a breakdown by land use;
and
(3) Location, percentage of parcel
and total site, and square footage
for the following:
(a) Existing and proposed
buildings and structures;
(b) Driveway and parking;
(c) Open space and/or land-
scapedarea,recreationaluse
areas,publicandsemipublic
land, parks, school sites,
etc.; and
(d) Public street right-of-way;
f. Total number, type and density per
type of dwelling units, and total net
and gross residential density and den-
sity per residential parcel;
g. Location, identification and dimen-
sion of the following existing and
proposed data, on-site and to a dis-
tance of 100 feet (200 feet for PUDs)
outside site plan boundary, exclusive
of public rights-of-way, unless other-
wise stated:
(1) Topographic contours at a mini-
mum interval of two feet, or as
determined by the planning di-
rector;
(2) Adjacent streets and street rights-
of-way to a distance of 150 feet,
except for sites adjacent to ma-
jor arterial streets where the dis-
tances shall be 200 feet;
(3) On-site streets and rights-of-
way;
(4) Ingress and egress points;
(5) Traffic flow on-site;
(6) Traffic flow off-site;
(7) Utilities and utility rights-of-
way or easements:
(a) Electric;
(b) Natural gas;
(c) Telephone, cable TV, and
similar utilities;
(d) Water; and
(e) Sewer (sanitary, treated ef-
fluent and storm);
(8) Surface water, including:
(a) Holding ponds, streams and
irrigation ditches;
(b) Watercourses, water bodies
and wetlands;
(c) Floodplains as designated
onthefederalinsurancerate
map or that may otherwise
be identified as lying within
a 100-year floodplain
through additional flood-
plain delineation, engineer-
ing analysis, topographic
survey or other objective
and factual basis; and
(d) A floodplain analysis re-
port in compliance with ar-
ticle 31 of this chapter if
notpreviouslyprovidedwith
subdivision review;
(9) Grading and drainage plan, in-
cluding provisions for on-site re-
tention/detention and water qual-
ity improvement facilities as
required by the engineering de-
partment, or in compliance with
any adopted storm drainage or-
dinanceorbestmanagementprac-
tices manual adopted by the city;
(a) All drainageways, streets,
arroyos, dry gullies, diver-
sion ditches, spillways, res-
ervoirs, etc., which may be
§ 38.41.080 BOZEMAN MUNICIPAL CODE
CD38:318PROOFS
incorporated into the storm
drainage system for the
property shall be desig-
nated:
(i) The name of the
drainageway (where
appropriate);
(ii) The downstream con-
ditions (developed,
available
drainageways, etc.);
and
(iii) Any downstream re-
strictions;
(10) Significant rock outcroppings,
slopes of greater than 15 percent
or other significant topographic
features;
(11) Sidewalks,walkways,driveways,
loading areas and docks, bike-
ways, including typical details
and interrelationships with vehic-
ular circulation system, indicat-
ing proposed treatment of points
of conflict, a statement requiring
lot accesses to be built to the
standard contained in this sec-
tion, the city design standards
and specifications policy, and the
city modifications to state public
works standard specifications;
(12) Provision for handicapped acces-
sibility, including, but not lim-
ited to, wheelchair ramps, park-
ing spaces, handrails and curb
cuts, including construction de-
tails and the applicant's certifica-
tion of ADA compliance;
(13) Fences and walls, including typ-
ical details;
(14) Exterior signs;
(15) Exterior refuse collection areas,
including typical details;
(16) A site plan, complete with all
structures, parking spaces, build-
ing entrances, traffic areas (both
vehicular and pedestrian), vege-
tation that might interfere with
lighting, and adjacent uses, con-
taining a layout of all proposed
fixtures by location and type.
The materials required in section
38.41.060.A.18, if not previ-
ously provided;
(17) Curb, asphalt section and drive
approach construction details;
(18) Landscaping (detailed plan show-
ing plantings, equipment, and
other appropriate information as
required in section 38.41.100);
(19) Unique natural features, signifi-
cant wildlife areas and vegeta-
tivecover,includingexistingtrees
and shrubs having a diameter
greater than 2.5 inches, by spe-
cies;
(20) Snow storage areas;
(21) Location of city limit boundar-
ies, and boundaries of Gallatin
County's Bozeman Area Zoning
Jurisdiction, within or near the
development;
(22) Existing zoning within 200 feet
of the site;
(23) Historic, cultural and archaeolog-
ical resources, describe and map
any designated historic struc-
tures or districts, and archaeolog-
ical or cultural sites; and
(24) Major public facilities, including
schools, parks, trails, etc.;
h. 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
§ 38.41.080UNIFIED DEVELOPMENT CODE
CD38:319PROOFS
employee and nonemployee parking
spaces, existing and proposed, and
total square footage of each;
i. The information required by section
38.41.060.A.12, subject to the follow-
ing exceptions:
(1) Such information was previ-
ously provided through a subdi-
vision review process; or
(2) The provision of such informa-
tion was waived in writing by
the city engineer during subdivi-
sion review of the land to be
developed; or
(3) The provision of such informa-
tion is waived in writing by the
city engineer prior to submittal
of a preliminary site plan appli-
cation; or
(4) The application for site plan ap-
proval involves the redevelop-
ment of property located within
the city's established neighbor-
hood conservation overlay dis-
trict. In such cases, the city may
require the property owner to
sign a waiver of right to protest
creation of a special improve-
ment district, or other form of
agreement, assuring participa-
tion, on a fair share, pro-rata
basis, in future improvements to
intersections in the vicinity of
the development proposal; or
(5) The application for site plan ap-
proval involves the adaptive re-
use of an existing building, re-
gardless 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 build-
ing or complex of buildings is to
be torn down and replaced with
a larger building or complex of
buildings, the city engineer may
require the information described
insection38.41.060.A.12toeval-
uate the additional traffic im-
pacts resulting from develop-
ment of the larger building or
complex of buildings;
j. Building design information (on-site):
(1) Building heights and elevations
of all exterior walls of the build-
ing or structure;
(2) 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 flood-
plain area;
(3) Floor plans depicting location
and dimensions of all proposed
uses and activities; and
(4) All on-site utilities and mechan-
ical equipment;
k. Description and mapping of soils ex-
isting on the site, accompanied by
analysis as to the suitability of such
soils for the intended construction and
proposed landscaping;
l. Temporary facilities plan showing the
location of all temporary model homes,
sales offices and/or construction facil-
ities, including temporary signs and
parking facilities;
m. Unless already provided through a
previous subdivision review, a nox-
ious weed control plan complying with
section 38.41.050; and
n. Drafts of applicable supplementary
documents as set forth in article 38 of
this chapter;
o. The information necessary to com-
plete the determination of density
change and park land provision re-
quired by section 38.27.020.B, unless
§ 38.41.080 BOZEMAN MUNICIPAL CODE
CD38:320PROOFS
such information was previously de-
termined 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 de-
velopment the park plan materials of
section 38.41.060.A.16, shall be pro-
vided;
p. Affordable housing. Describe how the
site plan will satisfy any requirements
of chapter 10, article 8 which have
either been established for that lot
through the subdivision process or if
no subdivision has previously oc-
curred are applicable to a site plan.
The description shall be of adequate
detail to clearly identify those lots and
dwellingsdesignatedassubjecttochap-
ter 10, article 8 compliance require-
ments and to make the obligations
placed on the affected lots and dwell-
ings readily understandable;
q. Phased site plans:
(1) A phasing plan showing the lo-
cation of phase boundaries and
that each phase will be fully
functional if subsequent phases
are not completed;
(2) Autilities plan showing that each
phase will be able to be fully
functional if subsequent phases
are not completed;
(3) 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;
(4) If the applicant intends for mul-
tiple phases to be under construc-
tion simultaneously, evidence of
financial commitment from the
project lender for the completion
of all phases to be undertaken at
once. Evidence of financial com-
mitment may be provided at the
time the building permits for the
multiple phases are sought.
(Ord. No. 1645, § 18.78.080, 8-15-2005; Ord. No.
1693, § 28(18.78.080), 2-20-2007; Ord. No. 1709,
§ 15(18.78.080), 7-16-2007; Ord. No. 1755, § 3,
1-20-2009; Ord. No. 1761, exh. Q(18.78.080), 7-6-
2009; Ord. No. 1769, § 18, 12-28-2009)
Sec. 38.41.090. Certificates of appropriateness;
additional application require-
ments, review procedures and
review criteria.
A. Submittal requirements for certificates of ap-
propriateness. All development proposals requiring
certificates of appropriateness (i.e., located in a
neighborhood conservation or entryway corridor
overlay districts) shall submit the following infor-
mation in addition to any sketch plan, site plan or
special development submittal requirements for the
proposal:
1.Neighborhood conservation overlay dis-
trict.Certain information shall be provided
to the appropriate review authority to re-
view prior to granting or denying a certifi-
cate of appropriateness. The extent of doc-
umentation to be submitted on any project
shall be dictated by the scope of the planned
alteration and the information reasonably
necessary for the appropriate review author-
ity to make its determination. At a mini-
mum, the following items shall be included
in the submission:
a. Completed application on form pro-
vided 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 rec-
ommended, no more than eight pic-
tures should be submitted and all pic-
§ 38.41.090UNIFIED DEVELOPMENT CODE
CD38:321PROOFS
tures shall be mounted on letter-size
sheets and clearly annotated with the
property address, elevation direction
(N, S, E, W) and relevant information;
c. Sketch plan or site plan information,
as per section 38.19.050 or 38.19.060;
d. Historical information, including avail-
able data such as pictures, plans, au-
thenticated 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, specifica-
tions and other data that will clearly
express the applicant's proposed alter-
ations;
g. A schedule of planned actions that
will lead to the completed alterations;
h. Such other information as may be
suggested by the planning depart-
ment;
i. It is further suggested that the appli-
cant seek comments from the neigh-
borhood or area; and
j. Description of any applicant-requested
deviation and a narrative explanation
as to how the requested deviation will
encourage restoration and rehabilita-
tion activity that will contribute to the
overall historic character of the com-
munity.
2.Entryway overlay district.
a. Depending on the complexity of de-
velopment, either sketch plans or site
plans will be required as specified in
this article.
b. If the proposal includes an application
for a deviation as outlined in section
38.35.050, the application for devia-
tion shall be accompanied by written
and graphic material sufficient to il-
lustrate the conditions that the modi-
fied standards will produce, so as to
enable the city commission to make
the determination that the deviation
will produce an environment, land-
scape quality and character superior to
that produced by the existing stan-
dards, and will be consistent with the
intent and purpose of article 17 of this
chapter.
(Ord. No. 1645, § 18.78.090, 8-15-2005; Ord. No.
1693, § 28(18.78.090), 2-20-2007; Ord. No. 1709,
§ 15(18.78.090), 7-16-2007; Ord. No. 1761, exh.
Q(18.78.090), 7-6-2009)
Sec. 38.41.100. Submittal requirements forland-
scape plans.
A These landscape regulations apply to a lot or
site subject to plan review and approval outlined in
article 19 of this chapter, a separate landscape plan
shall be submitted as part of the site plan applica-
tion unless the required landscape information can
be included in a clear and uncluttered manner on a
site plan with a scale where one inch equals 20 feet.
B. Landscape plan format. The landscape plan
submittal shall include:
1. Suggested scale of one inch equals 20 feet
but not less than one inch equals 100 feet;
and
2. Standard drawing sheet of a size not to
exceed 24 by 36 inches. A 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. Preparation of landscape plan. Landscape
plans shall be prepared and certified by:
1. A state-registered landscape architect;
2. An individual with a degree in landscape
design and two years of professional design
experience in the state; or
3. An individual with a degree in a related
field (such as horticulture, botany, plant
§ 38.41.090 BOZEMAN MUNICIPAL CODE
CD38:322PROOFS
science, etc.) and at least five years of
professional landscape design experience,
of which two years have been in the state.
D. Contents of landscape plan. A landscape plan
required pursuant to this chapter shall contain the
following information:
1. Date, scale, north arrow, and the names,
addresses, and telephone numbers of both
the property owner and the person prepar-
ing the plan;
2. Location of existing boundary lines and
dimensions of the lot;
3. Approximate centerlines of existing water-
courses, required watercourse setbacks, and
the location of any 100-year floodplain; the
approximate location of significant drain-
age 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 name, 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 land-
scape buffer strips, including watercourse
buffer strips;
7. Complete landscape legend providing a
description of plant materials shown on the
plan,includingtypicalsymbols,names(com-
mon and botanical name), locations, quan-
tities, container or caliper sizes at installa-
tion,heights,spreadandspacing.Thelocation
and type of all existing trees on the lot over
six 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. Size, height, location and material of pro-
posed seating, lighting, planters, sculptures,
and water features;
11. A description of proposed watering meth-
ods;
12. Location of street vision triangles on the lot
(if applicable);
13. Tabulation of "points" earned by the plan
(see section 38.26.060);
14. Designated snow removal storage areas;
15. Location of pavement, curbs, sidewalks and
gutters;
16. Show location of existing and/or proposed
drainage facilities which are to be used for
drainage control;
17. Existing and proposed grade;
18. Size of plantings at the time of installation
and at maturity;
19. Areas to be irrigated;
20. Planting plan for watercourse buffers, per
section 38.23.100, if not previously pro-
vided through subdivision review; and
21. Frontandsideelevationsofbuildings,fences
and walls with height dimensions if not
otherwise provided by the application. Show
open stairways and other projections from
exterior building walls.
(Ord. No. 1645, § 18.78.100, 8-15-2005; Ord. No.
1693, § 28(18.78.100), 2-20-2007; Ord. No. 1709,
§ 15(18.78.100), 7-16-2007; Ord. No. 1761, exh.
Q(18.78.100), 7-6-2009)
§ 38.41.100UNIFIED DEVELOPMENT CODE
CD38:323PROOFS
Sec. 38.41.110. Sketch plan submittal require-
ments.
A sketch plan shall be drawn to scale and in
sufficient detail to demonstrate compliance with the
requirements of this chapter. 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.
(Ord. No. 1645, § 18.78.110, 8-15-2005; Ord. No.
1693, § 28(18.78.110), 2-20-2007; Ord. No. 1709,
§ 15(18.78.110), 7-16-2007; Ord. No. 1761, exh.
Q(18.78.110), 7-6-2009)
Sec. 38.41.120. Planned unit development sub-
mittal requirements.
A. The following material shall be submitted for
review with each planned unit development.
1.Submittal requirements for preapplications.
The following information and data shall be
submitted for preapplication review. The
number of copies required shall be deter-
mined by the planning department:
a. Data regarding site conditions, land
characteristics, available community
facilities and utilities and other related
generalinformationaboutadjacentland
uses and the uses of land within one-
half mile of the subject parcel of land;
b. Conceptual (sketch) drawing showing
the proposed location of the uses of
land, major streets and other signifi-
cant features on the site and within
one-half mile of the site; and
c. Acomputation table showing the site's
proposed land use allocations by lo-
cation and as a percent of total site
area.
2.Submittalrequirementsforpreliminaryplans.
The following information and data shall be
submitted for preliminary plan review. The
number of copies required shall be deter-
mined by the planning department:
a.Document requirements.The follow-
ing information shall be presented in
an 81/2- 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:
(1) Application forms;
(2) Alist 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 de-
velopment;
(3) A statement of planning objec-
tives, including:
(a) Statement of applicable city
land use policies and objec-
tives achieved by the pro-
posed plan and how it fur-
thers the implementation of
the city growth policy;
(b) Statement of:
(i) Proposedownershipof
open space areas; and
(ii) Applicant's intentions
with regard to future
ownership of all or
portionsoftheplanned
unit development;
(c) Estimate of number of em-
ployees for business, com-
mercial and industrial uses;
(d) Description of rationale be-
hind the assumptions and
choices made by the appli-
cant;
(e) Where deviations from the
requirements of this chap-
ter are proposed, the appli-
cant shall submit evidence
§ 38.41.110 BOZEMAN MUNICIPAL CODE
CD38:324PROOFS
of successful completion of
the applicable community
design objectives and crite-
ria of section 38.20.090.
The applicant shall submit
written explanation for each
of the applicable objectives
or criteria as to how the
plan does or does not ad-
dress the objective or crite-
rion. The planning director
may require, or the appli-
cant may choose to submit,
evidence that is beyond
what is required in that sec-
tion. Any element of the
proposal that varies from
the criterion shall be de-
scribed;
(f) Detailed description of how
conflicts between land uses
of different character are
being avoided or mitigated;
and
(g) Statement of design meth-
ods to reduce energy con-
sumption, (e.g., home/busi-
ness utilities, transportation
fuel, waste recycling);
(4) Adevelopment schedule indicat-
ing the approximate date when
construction of the planned unit
development, or stages of the
same, can be expected to begin
and be completed, including the
proposed phasing of construc-
tion of public improvements and
recreational and common space
areas;
(5) One reduced version of all pre-
liminary plan and supplemental
plan maps and graphic illustra-
tions at 81/2- by 11-inches or 11-
by 17-inches size.
b.Site plan requirements.A site plan of
the proposed development drawn at a
scale of not less than one 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 section
38.41.080 plus the following addi-
tional information:
(1) Notations of proposed owner-
ship, public or private, should be
included where appropriate;
(2) The proposed treatment of the
perimeter of the planned unit
development, including materi-
als and techniques used, such as
screening, fences, walls and other
landscaping; and
(3) Attorney's or owner's certifica-
tion of ownership.
c.Supplemental plan requirements.
(1) Viewsheds.
(a) Looking onto and across
the site from areas around
the site, describe and map
the views and vistas from
adjacentpropertiesthatmay
be blocked or impaired by
development of the site;
(b) Describe and map areas of
high visibility on the site as
seen from adjacent off-site
locations;
(2) Street cross sections if different
from city standards. Street cross
section schematics shall be sub-
mitted for each general category
of street, including:
(a) The proposed width;
(b) Treatment of curbs and gut-
ters, or other stormwater
control system if other than
curb and gutter is pro-
posed;
§ 38.41.120UNIFIED DEVELOPMENT CODE
CD38:325PROOFS
(c) Sidewalk systems; and
(d) Bikeway systems, where al-
ternatives to the design cri-
teria and standards of the
city are proposed;
(3) Physiographic data, including the
following:
(a) A description of the hydro-
logic conditions of the site
with analysis of water table
fluctuation and a statement
of site suitability for in-
tendedconstructionandpro-
posed landscaping. The de-
scription of the hydrologic
conditions shall include
depth to groundwater mea-
surements taken May 15
through September 15;
(i) An alternative to the
actualmeasurementof
water table depth may
be offered provided
that such alternative
includesadetailedsoil
profile,includingade-
tailed description of
the soil which fol-
lowsTheNationalCo-
operative Soil Survey
Field Book for de-
scribing soils and
which provides good
andsufficientevidence
to establish the pres-
ence and depth of a
seasonal water table,
a land form position
or location, or other
physiographic data
which are sufficient
to establish the mini-
mum depth to ground-
water. Some soils are
not easily profiled to
establish an off-sea-
son high water table,
such as those under-
lain by sand or gravel,
those high in organic
matter and those with
a high lime content.
Physicalmonitoringof
these types of soils
may be necessary;
(b) Locateandidentifytheown-
ership of existing wells or
well sites within 400 feet
of the site;
(4) Preliminary subdivision plat. If
the project involves or requires
platting, a preliminary subdivi-
sion plat, subject to the require-
ments of this chapter relative to
subdivisions, shall be submitted;
(5) Traffic impact analysis. Not with-
standing the waiver provisions
of section 38.41.080.A.2.i, at the
discretion of the city engineer, a
traffic impact analysis shall be
prepared based upon the pro-
posed development. The analy-
sis shall include provisions of
the approved development guide-
lines, and shall address impacts
upon surrounding land uses. The
director of public service may
require the traffic impact analy-
sis to include the information in
section 38.41.060.A.12. If a traf-
fic impact analysis has been sub-
mitted as part of a concurrent
subdivision review, that analysis
shall meet this requirement;
(6) Additional studies and plans. If
the development's compliance
with the community design ob-
jectivesandcriteriaisunderques-
tion, the city commission may
require additional impact studies
§ 38.41.120 BOZEMAN MUNICIPAL CODE
CD38:326PROOFS
or other plans as deemed neces-
sary for providing thorough con-
siderationoftheproposedplanned
unit development;
(7) A proposed draft of a legal in-
strument containing the creation
of a property owner's association
sufficient to meet the require-
ments of section 38.38.020 shall
be submitted with the prelimi-
nary plan application.
3.Submittal requirements for final plans.
a. A completed and signed application
form;
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. Site plan submittal requirements.
(1) A final plan site plan shall be
submitted on a 24- by 36-inch
sheet 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 submit-
ted that has been enlarged or
reduced to equal the scale of the
final plan. However, only the
scales permitted for the prelimi-
nary plans shall be permitted for
final plans;
(2) The final plan site plan shall
show the following information:
(a) Land use data (same infor-
mation as required on the
preliminary site plan);
(b) Lot lines, easements, pub-
lic rights-of-way as per sub-
division plat;
(c) Attorney's or owner's certi-
fication of ownership;
(d) Planning director certifica-
tion of approval of the site
plan and its conformance
with the preliminary plan;
and
(e) Owner's certification of ac-
ceptance of conditions and
restrictions as set forth on
the site plan;
d. Supplemental plans.
(1)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 article 26
of this chapter, except that any
stated conditions and restrictions
of the preliminary plan approval
shall supersede the provisions of
article 26 of this chapter;
(2)Final subdivision plat.An offi-
cial 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;
(3)Final utility plans.Prior to sub-
mission of the final plan to the
DRC and ADR staff, engineer-
ing plans and specifications for
sewer, water, street improve-
ments and other public improve-
ments, and an executed improve-
ments agreement in proper form
providing for the installation of
such improvements, must be sub-
mitted to and approved by the
city; and
(4)Open space maintenance plan.
A plan for the maintenance of
open space, meeting the require-
ments of section 38.38.030, shall
§ 38.41.120UNIFIED DEVELOPMENT CODE
CD38:327PROOFS
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 struc-
tures not shown on the final
plan.
(Ord. No. 1645, § 18.78.120, 8-15-2005; Ord. No.
1693, § 28(18.78.120), 2-20-2007; Ord. No. 1709,
§ 15(18.78.120), 7-16-2007; Ord. No. 1761, exh.
Q(18.78.120), 7-6-2009)
Sec. 38.41.130. Submittal materials for regu-
lated activities in wetlands.
A. All parties applying for activity permits pro-
posing action affecting federal, state or city regu-
lated wetlands, watercourses and/or buffers within
the city limits shall submit the following informa-
tion to the water review board:
1. A wetland and watercourse delineation re-
port 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.
a. This wetland and watercourse delin-
eation report shall include, but not be
limited to, the following:
(1) Wetlandandwatercoursedescrip-
tions;
(2) Functional assessment, as deter-
mined by a state-accepted func-
tional assessment method, i.e.,
Montana Department of Trans-
portation (Berglund and
McEldowney 2008) or Montana
Department of Environmental
Quality (Apfelbeck and Farris
2005);
(3) Wetland types, as determined by
a state-accepted functional as-
sessment method (i.e., Cowardin
et al 1979);
(4) Wetland acreages (by a licensed
surveyor);
(5) Maps with property boundaries,
wetland and watercourse bound-
aries and acreages; and
(6) Wetland data forms (U.S. Army
Corps of Engineers data forms).
2. If activities are planned in and/or adjacent
to aquatic resources the following informa-
tion is required:
a. A site plan which shows the property
boundary; delineated wetland and wa-
tercourse boundaries; buffer boundar-
ies; and all existing and proposed
structures, roads, trails, and ease-
ments. The site plan will include a
table of existing wetland functional
ratings and acreage, required buffers
and acreage, and linear feet of all
watercourses and ditches.
(1) All direct impacts to wetlands,
watercourses, and buffers shall
be highlighted and summarized
in a table on the site plan. The
water resource and buffer sum-
mary table shall include wetland/
watercourse identification num-
ber; corresponding buffer width
and acreage; total site, wetland,
watercourse, ditch, and buffer
acreages;jurisdictionalstatus;im-
pacts to all water resources and
buffers; and, mitigation types and
acreages.
(2) All indirect impacts (e.g., shad-
ing from boardwalks or public
utility well drawdown) shall be
summarized in the document.
b. Include a map with all proposed mit-
igation areas and their required buf-
fers. The map will include a table of
mitigation wetland type and acreage
and required buffers and acreage. De-
scribe the functional unit gain of the
§ 38.41.120 BOZEMAN MUNICIPAL CODE
CD38:328PROOFS
wetland mitigation (as determined by
a state-accepted functional assessment
method).
c. The source, type and method of trans-
port and disposal of any fill material
to be used, and certification that the
placement of fill material will not
violate any applicable state or federal
statutes and regulations as listed in
section 38.41.020.
d. The names and addresses of all prop-
erty owners within 200 feet of the
subject property. The names and ad-
dresses shall also be provided on self-
adhesive mailing labels.
e. Copies of the following:
(1) Any Clean Water Act (CWA)
section 404 and 401 permits;
(2) Any MT 301 permits;
(3) Any floodplain determinations
for the proposed site known to
the applicant;
(4) Any other applications, state or
federal, for wetlands permits re-
garding the proposed site;
(5) Any U.S. Army Corps of Engi-
neers jurisdictional determina-
tions regarding wetlands on the
proposed and adjacent site; and
(6) If relevant, any MT state joint
applicationsfortheproposedproj-
ect site.
f. A completed wetland review check-
list.
3. If in the preparation or review of the
required submittal materials it is deter-
mined that there are unavoidable impacts to
wetlands and/or watercourses that will re-
quire a Federal Clean Water Act permit,
then the following information will be sub-
mitted to the city for all federal jurisdic-
tional and city-regulated wetlands (see sec-
tion 38.42.3240) in a compensatory
mitigation report:
a. The descriptive portion of the com-
pensatory mitigation report shall in-
clude, at a minimum:
(1) The name and contact informa-
tion of the applicant; the name,
qualifications, and contact infor-
mation for the primary author of
the compensatory mitigation re-
port; a description of the pro-
posal; summary of the direct and
indirect impacts and proposed
mitigation concept; identifica-
tion of all the local, state, and
federal wetland/stream-related
permit required for the project;
and, a vicinity map for the proj-
ect.
(2) Description of the existing wet-
land, watercourse and buffer ar-
eas that will be impacted includ-
ing area based on professional
surveys;dominantvegetation;and
functional assessments and wet-
land ratings for the entire wet-
land and the portions proposed
to be impacted.
(3) An assessment of the potential
changes in wetland hydroperiod
for the proposed project and how
the design has been modified to
avoid, minimize or reduce im-
pacts to the wetland hydroperiod.
(4) A description of the proposed
conceptual mitigation actions for
wetland, watercourse and buffer
areas. Provide specifications (in-
cluding buffers) for all proposed
mitigation for wetland/water-
course/buffer impacts. Include a
map with all proposed mitiga-
tion areas and their required buf-
fers.
§ 38.41.130UNIFIED DEVELOPMENT CODE
CD38:329PROOFS
(5) An assessment of existing con-
ditions in the zone of the pro-
posed mitigation including veg-
etation community structure and
composition, existing
hydroperiod, existing soil condi-
tions, and existing wetland func-
tions.
(6) Provide field data that was col-
lected to document the existing
conditions of the proposed miti-
gation sites and on which the
future hydrologic and soil con-
ditions of the mitigation wet-
lands are based (e.g., hydrologic
conditions:piezometerdata,staff/
crest gage data, hydrologic mod-
eling, visual observations; soil
conditions: data from hand-dug
or mechanical soil pits or boring
results). Do not rely on soil sur-
vey data for establishing exist-
ing conditions.
(7) Aplanting schedule by proposed
community type and hydrologic
regime, size and type of plant
material to be installed, spacing
of plants, "typical" clustering pat-
terns, total number of each spe-
cies by community type, timing
of installation, nutrient require-
ments, watering schedule, weed
control, and where appropriate
measures to protect plants from
destruction. Native species shall
comprise 80 percent of the plants
installed or seeded within the
mitigation site.
(8) The mitigation monitoring plan
should include a period of not
less than three years, and estab-
lish the responsibility for long-
term removal of invasive vege-
tation.
(9) Wetland mitigation performance
criteria (measurable standards re-
flective of expected develop-
ment goals established for each
year after the mitigation site is
established, i.e., "At the end of
three years there will be an 80
percent survival of the planted
shrubs and trees.") for mitigation
wetlands and buffers, a monitor-
ing schedule, reporting require-
ments to the city, and mainte-
nance schedule and actions for
each year of monitoring.
(10) Contingency plans which clearly
define course of action or cor-
rective measures needed if per-
formance criteria are not met.
b. The scaled plan sheets for the com-
pensatory mitigation must contain, at
a minimum:
(1) Existing wetland and buffer sur-
veyed edges; proposed areas of
wetland and buffer impacts; and,
location of proposed wetland and
buffer compensation action.
(2) Surveyed topography at one- to
two-foot contour intervals in the
zone of the proposed compensa-
tion actions if any grading activ-
ity is proposed in the compensa-
tion area. Provide existing and
proposed mitigation design cross
section for the wetland and/or
buffer compensation areas.
(3) Required wetland buffers for ex-
istingwetlandsandproposedmit-
igation areas;
c. A discussion of ongoing management
practices that will protect and main-
tain the nonimpacted and mitigation
wetland, watercourse and buffer areas
in perpetuity.
(Ord. No. 1645, § 18.78.130, 8-15-2005; Ord. No.
1693, § 28(18.78.130), 2-20-2007; Ord. No. 1709,
§ 15(18.78.130), 7-16-2007; Ord. No. 1761, exh.
Q(18.78.130), 7-6-2009)
§ 38.41.130 BOZEMAN MUNICIPAL CODE
CD38:330PROOFS
Sec. 38.41.140. Submittal materials for appeals
of administrative project deci-
sions.
A. All appeals of administrative project deci-
sions shall include:
1. Name and address of the appellant;
2. The legal description and street address of
the property involved in the appeal;
3. A description of the project that is the
subject of the appeal;
4. Evidence that the appellant is an aggrieved
person as defined in article 42 of this
chapter;
5. List of names and addresses of property
owners within 150 feet of the site, using the
last declared county real estate tax records;
6. Stamped, unsealed envelopes addressed with
names of above property owners;
7. Required appeal filing fee; and
8. The specific grounds and allegations for the
appeal, and evidence necessary to support
and justify a decision other than as deter-
mined by the planning director.
(Ord. No. 1645, § 18.78.140, 8-15-2005; Ord. No.
1693, § 28(18.78.140), 2-20-2007; Ord. No. 1709,
§ 15(18.78.140), 7-16-2007; Ord. No. 1761, exh.
Q(18.78.140), 7-6-2009)
Sec. 38.41.150. Administrativeinterpretationap-
peals.
A. All appeals of administrative interpretations
shall include:
1. Name and address of the applicant;
2. The legal description and street address of
the property, if any, involved in the appeal;
3. A description of the property, if any, that is
the subject of the interpretation appeal in-
cluding:
a. Asite plan drawn to scale showing the
property dimensions, grading, land-
scaping and location of utilities, as
applicable;
b. Location of all existing and proposed
buildings; and
c. Drive accesses, driveways, access
roads, parking spaces, off-street load-
ing areas and sidewalks as applicable;
4. The names and addresses of the owners of
the property and any other persons having a
legal interest therein;
5. List of names and addresses of property
owners within 150 feet of the site, using the
last declared county real estate tax records;
6. Stamped, unsealed envelopes addressed with
names of the above property owners;
7. Required filing fee; and
8. 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 chapter.
(Ord. No. 1645, § 18.78.150, 8-15-2005; Ord. No.
1693, § 28(18.78.150), 2-20-2007; Ord. No. 1709,
§ 15(18.78.150), 7-16-2007; Ord. No. 1761, exh.
Q(18.78.150), 7-6-2009)
Sec. 38.41.160. Submittal materials for vari-
ances.
A. An application for a variance shall be accom-
panied by a development plan showing such infor-
mation as the planning director may reasonably
require for purposes of this chapter. The 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 deemed filed until all
of the following is submitted:
1. Name and address of the applicant;
2. The legal description of the property in-
volved in the request for variance, includ-
ing the street address, if any, of the prop-
erty;
§ 38.41.160UNIFIED DEVELOPMENT CODE
CD38:331PROOFS
3. The names and addresses of the owners of
the property and any other persons having a
legal interest therein;
4. List of names and addresses of property
owners within 150 feet of the site, using the
last declared county real estate tax records;
5. Stamped, unsealed envelopes addressed with
names of above property owners;
6. A site plan drawn to scale showing the
property dimensions, grading, landscaping
and location of utilities, as applicable;
7. Location of all existing and proposed build-
ings;
8. Drive accesses, driveways, access roads,
parking spaces, off-street loading areas and
sidewalks as applicable;
9. A clear description of the variance re-
quested and the reasons for the request;
10. Justification, in writing of section
38.35.060.C.1, 2, 3 and, when applicable,
4;
11. Evidence satisfactory to the city commis-
sion of the ability and intention of the
applicant to proceed with actual construc-
tion work in accordance with said plans
within six months after issuance of permit;
and
12. Required filing fee.
(Ord. No. 1645, § 18.78.160, 8-15-2005; Ord. No.
1693, § 28(18.78.160), 2-20-2007; Ord. No. 1709,
§ 15(18.78.160), 7-16-2007; Ord. No. 1761, exh.
Q(18.78.160), 7-6-2009)
Sec. 38.41.170. Submittal materials for telecom-
munications.
A. The following information shall be submitted
for review of wireless facilities as applicable. Fail-
ure to provide required materials will result in a
determination that the application is incomplete and
the application will not be processed.
1. Submittal materials.
______________________________________________________________________________________
Table 38.41.170
Telecommunication Submittal Materials
Micro-
scale Small-scale Large-scale
A detailed written description of how the ap-
plicant has complied with, or will comply
with, the applicable standards of this chapter,
especially those of this article;
X X X
An accurate photo simulation of the site with
the proposed facility in place. The simulation
shall be to scale, and depict all planned and
expected antennae, including collocation of
other carriers, on the facility. Landscaping
which is not existing or proposed on the ac-
companying site plan shall not be included in
the simulation unless it exists on adjoining
properties;
X X X
§ 38.41.160 BOZEMAN MUNICIPAL CODE
CD38:332PROOFS
Telecommunication Submittal Materials
Micro-
scale Small-scale Large-scale
A statement of whether the proposed facility
is exempt or nonexempt from environmental
review under the Rules of the FCC;
X X X
If the facility is claimed to be exempt, a de-
tailed and specific citation to the Rules of the
FCC indicating the section which details the
relevant exemption provisions shall be in-
cluded. If the facility is not exempt from en-
vironmental review, a copy of the environ-
mental review shall be provided with the
application, and the approval from the FCC
for the site shall be provided to the city prior
to the final site plan approval;
and
If the facility is claimed to be exempt from
environmental review, a statement shall be
provided, under oath and notarized, that the
proposed or existing facility does or will com-
ply with FCC radio frequency emission guide-
lines for both general population/ uncontrolled
exposures and occupational/controlled expo-
sures as defined in the FCC rules. The provi-
sion of false information shall result in the
immediate revocation of permits or approvals
granted upon the basis of the false informa-
tion and the cessation of operation of the of-
fending facilities;
When the applicant is a wireless service pro-
vider, proof that the applicant is licensed by
the FCC to provide the wireless communica-
tion services that the proposed facility is de-
signed to support, or that licensing by the
FCC is not required;
X X X
A report providing a description of the large
scale wireless facility with technical reasons
and justification for its design and placement;
X
A description of the maximum capacity of the
large scale wireless facility as proposed and
how the facility can be retrofitted or modified
to accommodate changing user needs;
X
§ 38.41.170UNIFIED DEVELOPMENT CODE
CD38:333PROOFS
Telecommunication Submittal Materials
Micro-
scale Small-scale Large-scale
Documentation establishing the structural in-
tegrity for the large scale wireless facility's
proposed use including documented loading
calculations for wind, snow and seismic
forces under circumstances of maximum ca-
pacity loading prepared by a professional
structural engineer licensed to practice in the
state. Loading criteria shall be those set forth
in the edition of the International Building
Code most recently adopted by the city; and
X
A statement of how the collocation require-
ments of section 38.29.040.B, shall be met.
X
2. In addition to the materials required above,
for all large scale wireless facilities 50 feet
or greater in height, the applicant shall
submit:
a. Propagation studies for the users of
the proposed facility, including exist-
ing service coverage maps and whether
the placement of the new site will
require relocations of existing facili-
ties, 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 intro-
duction of a new service;
b. A statement of intent of how colloca-
tion on the facility will be addressed;
c. A statement of willingness to allow
collocation at reasonable and custom-
ary rates by all technically feasible
providers up to the structural capacity
of the tower;
d. An inventory of all surrounding build-
ings 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;
e. An applicant shall demonstrate in writ-
ing that there are no available open-
ings on existing facilities which are
feasible and that a new structure is
necessary. Such demonstration shall
address the criteria in section
38.29.040.B;
f. A detailed explanation of how the
large scale wireless facility will be
maintained and how the maintenance
and operations of the large scale wire-
less facility will be transferred to a
third party should the applicant no
longer retain ownership. Unless oth-
erwise approved by the city, the re-
sponsibility of maintenance and oper-
ations shall transfer to the owner of
the underlying property;
g. An explanation of how the applicant
will provide a financial security for
the removal of the large scale wireless
facility in the event that it no longer
servestelecommunicationscarriers.The
financial guarantee shall be 150 per-
cent of the estimated cost of facility
removal and must be acceptable to the
city; and
h. A large scale wireless facility may be
reviewed as a multiple phase project
§ 38.41.170 BOZEMAN MUNICIPAL CODE
CD38:334PROOFS
and be constructed over time as pro-
vided for in section 38.29.040.B. An
applicant intending to construct a new
large scale wireless facility shall pro-
vide letters of intent adequate to meet
the requirements for leases set forth in
section 38.29.040.B.
(Ord. No. 1645, § 18.78.170, 8-15-2005; Ord. No.
1693, § 28(18.78.170), 2-20-2007; Ord. No. 1709,
§ 15(18.78.170), 7-16-2007; Ord. No. 1761, exh.
Q(18.78.170), 7-6-2009)
ARTICLE 42. DEFINITIONS
Sec. 38.42.010. Definition of terms and interpre-
tation of language.
A. All words in this chapter shall be first defined
as provided in this article and, if not defined herein,
shall be defined as in the latest edition of 'The
Illustrated Book of Development Definitions' by
Harvey S. Moskowitz and Carl G. Lindbloom, and
if not defined in 'The Illustrated Book of Develop-
ment Definitions', shall have their customary dic-
tionary definitions.
B. Words used in the present tense include the
future tense; words used in the singular include the
plural, and words used in the plural include the
singular; the word "shall" is always mandatory, the
word "person" includes a firm, association, organi-
zation, partnership, trust, corporation or company,
as well as an individual; the word "lot" includes the
words "plot" or "parcel"; the word "building" in-
cludes the word "structure"; the words "used" or
"occupied," as applied to any land or building, shall
be construed to include the word "intended, ar-
ranged, or designed to be used or occupied"; the
words "map" or "zoning map" mean the zoning map
of the city that delineate the area to be governed by
these regulations.
C. For the purposes of this chapter certain words
and terms used herein are defined as follows:
(Ord. No. 1645, § 18.80.010, 8-15-2005; Ord. No.
1693, § 29(18.80.010), 2-20-2007; Ord. No. 1761,
exh. R(18.80.010), 7-6-2009)
Sec. 38.42.020. 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
chapter.
(Ord. No. 1645, § 18.80.020, 8-15-2005; Ord. No.
1693, § 29(18.80.020), 2-20-2007; Ord. No. 1761,
exh. R(18.80.020), 7-6-2009)
Sec. 38.42.030. Accessory building or use.
A subordinate building, or portion of the princi-
pal building, located on the same lot as the principal
building, or a subordinate use of land, either of
which is customarily incidental to the principal
building or to the principal use of land. Where part
of an accessory building is connected to part of the
principal building by a common wall, such acces-
sory building shall be counted as part of the
principal building. Individual public utility installa-
tions above ground are considered accessory build-
ings.
(Ord. No. 1645, § 18.80.030, 8-15-2005; Ord. No.
1693, § 29(18.80.030), 2-20-2007; Ord. No. 1761,
exh. R(18.80.030), 7-6-2009)
Sec. 38.42.040. Adaptive reuse.
The development of a new use for an older
building or for a building originally designed for a
special or specific purpose.
(Ord. No. 1755, § 4, 1-20-2009; Ord. No. 1761,
exh. R(18.80.035), 7-6-2009)
Sec. 38.42.050. Administrative design review
(ADR) staff.
Certain members of the planning staff charged
with the design review, as defined in this article, of
certain plans and proposals as specified in this
chapter. The organization, composition and proce-
dures of the administrative design review staff are
subject to the requirements of article 33 of this
chapter.
(Ord. No. 1645, § 18.80.040, 8-15-2005; Ord. No.
1693, § 29(18.80.040), 2-20-2007; Ord. No. 1761,
exh. R(18.80.040), 7-6-2009)
§ 38.42.050UNIFIED DEVELOPMENT CODE
CD38:335PROOFS
Sec. 38.42.060. Adult business.
An establishment which advertises, trades, ex-
changes, transfers, sells, presents, shows, offers or
exhibits materials, activities, reproductions, like-
nesses, services and/or objects defined as obscene
by MCA 45-8-201(2). 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.
(Ord. No. 1645, § 18.80.050, 8-15-2005; Ord. No.
1693, § 29(18.80.050), 2-20-2007; Ord. No. 1761,
exh. R(18.80.050), 7-6-2009)
Sec. 38.42.070. Affordable housing.
Housing 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 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 Housing and Urban Development.
Affordable housing is subject to the city's afford-
able housing policy.
(Ord. No. 1645, § 18.80.060, 8-15-2005; Ord. No.
1693, § 29(18.80.060), 2-20-2007; Ord. No. 1761,
exh. R(18.80.060), 7-6-2009)
Sec. 38.42.080. Aggrieved person.
A person, as defined in this article, 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.
(Ord. No. 1645, § 18.80.070, 8-15-2005; Ord. No.
1693, § 29(18.80.070), 2-20-2007; Ord. No. 1761,
exh. R(18.80.070), 7-6-2009)
Sec. 38.42.090. Agricultural activity.
The cultivation or tilling of soil or use of other
growing medium for the purpose of producing
vegetative materials for sale or for use in a com-
mercial operation and/or the raising or tending of
animals for commercial sale or use. Agriculture
does not include gardening for personal use, keep-
ing of house pets or animals as authorized under
chapter 8, or landscaping for aesthetic purposes.
(Ord. No. 1645, § 18.80.080, 8-15-2005; Ord. No.
1693, § 29(18.80.080), 2-20-2007; Ord. No. 1761,
exh. R(18.80.080), 7-6-2009; Ord. No. 1767,
§ 3(18.80.080), 9-28-2009; Ord. No. 1786, § 9,
7-26-2010)
Sec. 38.42.100. Agricultural water user facility.
Those facilities, which include but are not lim-
ited 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 MCA 15-7-202.
(Ord. No. 1645, § 18.80.090, 8-15-2005; Ord. No.
1693, § 29(18.80.090), 2-20-2007; Ord. No. 1761,
exh. R(18.80.090), 7-6-2009)
Sec. 38.42.110. Alley.
A permanent public thoroughfare providing a
secondary means of access to abutting lands.
(Ord. No. 1645, § 18.80.100, 8-15-2005; Ord. No.
1693, § 29(18.80.100), 2-20-2007; Ord. No. 1761,
exh. R(18.80.100), 7-6-2009)
Sec. 38.42.120. 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 United States.
(Ord. No. 1645, § 18.80.110, 8-15-2005; Ord. No.
1693, § 29(18.80.110), 2-20-2007; Ord. No. 1761,
exh. R(18.80.110), 7-6-2009)
Sec. 38.42.130. Alteration.
Any act or process, except repair and light
construction as defined herein, that changes one or
more of the architectural features of a structure or
site, including, but not limited to, the erection,
construction, reconstruction, relocation of, or addi-
tion to a structure. The term "alteration" may apply
to any act or process that changes the interior
§ 38.42.060 BOZEMAN MUNICIPAL CODE
CD38:336PROOFS
architectural features of that portion of a public or
private property commonly frequented by the gen-
eral public, provided said public or private property
is located within a designated historic district or
listed individually on the National Register of
Historic Places. However, changes upon interior
elements of private residences, regardless of their
location or historic status, shall not be considered
alterations as defined in this section. The term
"alteration" further means any change or addition to
a structure within a floodplain that either increases
its exterior dimensions or increases its potential
flood hazard.
(Ord. No. 1645, § 18.80.120, 8-15-2005; Ord. No.
1693, § 29(18.80.120), 2-20-2007; Ord. No. 1761,
exh. R(18.80.120), 7-6-2009)
Sec. 38.42.140. Animal hospital.
A place where animals or pets are given medical
or surgical treatment and are cared for during the
time of such treatment. Outside pens, kennels or
runs are not permitted as part of an animal hospital
operation. Short-term interior boarding is permitted.
(Ord. No. 1645, § 18.80.130, 8-15-2005; Ord. No.
1693, § 29(18.80.130), 2-20-2007; Ord. No. 1761,
exh. R(18.80.130), 7-6-2009)
Sec. 38.42.150. Animated sign.
A sign depicting action, motion, light, or color
change, or that change the sign displayed through
electrical or mechanical means. Excludes those
signs defined as revolving signs.
(Ord. No. 1780, § 3(18.80.135), 3-22-2010)
Sec. 38.42.160. Antenna.
One or more rods, panels, discs or similar de-
vices used for the transmission or reception of radio
frequency signals, which may include omnidirec-
tional antenna (rod), directional antenna (panel) and
parabolic antenna (disc).
(Ord. No. 1645, § 18.80.140, 8-15-2005; Ord. No.
1693, § 29(18.80.140), 2-20-2007; Ord. No. 1761,
exh. R(18.80.140), 7-6-2009)
Sec. 38.42.170. Apartment.
A habitable room or suite of two or more
habitable rooms meeting the requirements of the
city's adopted International Building Code, located
in an apartment building or used for residential
purposes in nonresidential buildings located within
nonresidential districts, as specified in this chapter.
Efficiency units shall qualify as an apartment under
this definition.
(Ord. No. 1645, § 18.80.150, 8-15-2005; Ord. No.
1693, § 29(18.80.150), 2-20-2007; Ord. No. 1761,
exh. R(18.80.150), 7-6-2009)
Sec. 38.42.180. Apartment building.
A building other than a hotel or motel containing
five or more dwelling units.
(Ord. No. 1645, § 18.80.160, 8-15-2005; Ord. No.
1693, § 29(18.80.160), 2-20-2007; Ord. No. 1761,
exh. R(18.80.160), 7-6-2009)
Sec. 38.42.190. Appellant.
An aggrieved person who has appealed the
decision of an agency, board or commission to
another body designated herein by the filing of a
notice of appeal.
(Ord. No. 1645, § 18.80.170, 8-15-2005; Ord. No.
1693, § 29(18.80.170), 2-20-2007; Ord. No. 1761,
exh. R(18.80.170), 7-6-2009)
Sec. 38.42.200. Applicant.
The person who, or organization which, submit-
ted the application to the agency, board or commis-
sion for approval, or the person who, or organiza-
tion which, submitted the application to the agency,
board or commission whose decision has been
appealed.
(Ord. No. 1645, § 18.80.180, 8-15-2005; Ord. No.
1693, § 29(18.80.180), 2-20-2007; Ord. No. 1761,
exh. R(18.80.180), 7-6-2009)
Sec. 38.42.210. Architectural appearance.
The architectural character and general compo-
sition of a structure, including, but not limited to,
the kind and texture of the building's materials and
§ 38.42.210UNIFIED DEVELOPMENT CODE
CD38:337PROOFS
the type, design and character of all windows,
doors, light fixtures, signs and appurtenant exterior
elements; and, interior architectural detail includ-
ing, but not limited to, floors, fixtures, hardware,
ornamentation and other elements that contribute to
the building's architectural or historical signifi-
cance.
(Ord. No. 1645, § 18.80.190, 8-15-2005; Ord. No.
1693, § 29(18.80.190), 2-20-2007; Ord. No. 1761,
exh. R(18.80.190), 7-6-2009)
Sec. 38.42.220. Area of special flood hazard.
The 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.
(Ord. No. 1645, § 18.80.200, 8-15-2005; Ord. No.
1693, § 29(18.80.200), 2-20-2007; Ord. No. 1761,
exh. R(18.80.200), 7-6-2009)
Sec. 38.42.230. Area of signs.
The area of a sign that shall be computed by
enclosing the entire area within any type of perim-
eter or border which may enclose the outer limits of
any writing, representation, emblem, figure or char-
acter 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 having no such
perimeter shall be computed by enclosing the entire
area within parallelograms, triangles, or circles in a
size sufficient to cover the entire area of the sign
copy and computing the size of such area. In the
case of a two-sided sign, the area shall be computed
as including only the maximum single display
surface which is visible from 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.
(Ord. No. 1645, § 18.80.210, 8-15-2005; Ord. No.
1693, § 29(18.80.210), 2-20-2007; Ord. No. 1761,
exh. R(18.80.210), 7-6-2009)
Sec. 38.42.240. 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 chapter.
(Ord. No. 1645, § 18.80.220, 8-15-2005; Ord. No.
1693, § 29(18.80.220), 2-20-2007; Ord. No. 1761,
exh. R(18.80.220), 7-6-2009)
Sec. 38.42.250. Artificial obstruction/develop-
ment.
Any obstruction which is not natural and in-
cludes any dam, diversion, wall, bank stabilization
method, embankment, levee, dike, pile, abutment,
projection, revetment, excavation, channel rectifi-
cation, bridge, 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.
(Ord. No. 1645, § 18.80.230, 8-15-2005; Ord. No.
1693, § 29(18.80.230), 2-20-2007; Ord. No. 1761,
exh. R(18.80.230), 7-6-2009)
Sec. 38.42.260. Arts center and/or entertain-
ment center.
A structure or facility for the presentation of the
performing arts, including indoor motion picture
theaters; theaters for live performances; indoor
concert halls; and studios for arts education, such as
dance or painting. Also includes entertainment ac-
tivities such as arcades; bowling alleys or pool
§ 38.42.210 BOZEMAN MUNICIPAL CODE
CD38:338PROOFS
halls. The term "arts and entertainment center" does
not include any business meeting the definition of
adult business as defined by this chapter.
(Ord. No. 1645, § 18.80.240, 8-15-2005; Ord. No.
1693, § 29(18.80.240), 2-20-2007; Ord. No. 1761,
exh. R(18.80.240), 7-6-2009)
Sec. 38.42.270. Attached structure.
A building sharing with one or more other
buildings a common wall for not less than five feet.
(Ord. No. 1645, § 18.80.245, 8-15-2005; Ord. No.
1693, § 29(18.80.245), 2-20-2007; Ord. No. 1761,
exh. R(18.80.245), 7-6-2009)
Sec. 38.42.280. 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, noncom-
mercial trucks, motorcycles, motor homes, recre-
ational vehicles or boats. The term "automobile fuel
sales or repair" includes the sale and on-site instal-
lation of parts, wheel and brake shops, body and
fender shops, and similar repair and service activi-
ties, but excludes dismantling or salvage.
(Ord. No. 1645, § 18.80.250, 8-15-2005; Ord. No.
1693, § 29(18.80.250), 2-20-2007; Ord. No. 1761,
exh. R(18.80.250), 7-6-2009)
Sec. 38.42.290. Automobile reduction yard.
Any area of land where two or more motor
vehicles not in running condition and/or two or
more unlicensed motor vehicles, or parts thereof,
are stored in the open and are not being restored to
operation; or any land, building or structure used for
the wrecking, dismantling, storage or abandonment
of motor vehicles or parts thereof.
(Ord. No. 1645, § 18.80.260, 8-15-2005; Ord. No.
1693, § 29(18.80.260), 2-20-2007; Ord. No. 1761,
exh. R(18.80.260), 7-6-2009)
Sec. 38.42.300. Auto salvage yard.
A junkyard primarily containing inoperable ve-
hicles for purposes of being dismantled and sold as
parts.
(Ord. No. 1645, § 18.80.270, 8-15-2005; Ord. No.
1693, § 29(18.80.270), 2-20-2007; Ord. No. 1761,
exh. R(18.80.270), 7-6-2009)
Sec. 38.42.310. Automobile washing establish-
ment.
A building which has its primary purpose as
washing automobiles. Such facilities shall be con-
sidered 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.
(Ord. No. 1645, § 18.80.280, 8-15-2005; Ord. No.
1693, § 29(18.80.280), 2-20-2007; Ord. No. 1761,
exh. R(18.80.280), 7-6-2009)
Sec. 38.42.320. Awning.
A roof-like structure, which is generally com-
posed of a skeletal frame, covered in a fabric or
other skin-type material, and typically opens 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 chapter a sign
on an awning shall be considered to be a wall sign.
(Ord. No. 1645, § 18.80.290, 8-15-2005; Ord. No.
1693, § 29(18.80.290), 2-20-2007; Ord. No. 1761,
exh. R(18.80.290), 7-6-2009)
Sec. 38.42.330. Banner.
Any sign of lightweight fabric or similar material
that is permanently mounted to a pole or a building
by 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.
(Ord. No. 1645, § 18.80.300, 8-15-2005; Ord. No.
1693, § 29(18.80.300), 2-20-2007; Ord. No. 1761,
exh. R(18.80.300), 7-6-2009)
Sec. 38.42.340. Bar (tavern, cocktail lounge).
An establishment where alcoholic beverages are
served on premises and where the total sales of
alcohol exceed the total sales of food.
(Ord. No. 1645, § 18.80.310, 8-15-2005; Ord. No.
1693, § 29(18.80.310), 2-20-2007; Ord. No. 1761,
exh. R(18.80.310), 7-6-2009)
§ 38.42.340UNIFIED DEVELOPMENT CODE
CD38:339PROOFS
Sec. 38.42.350. Base flood.
A flood having a one percent chance of being
equalled or exceeded in any given year. A base
flood is the same as a 100-year flood.
(Ord. No. 1645, § 18.80.320, 8-15-2005; Ord. No.
1693, § 29(18.80.320), 2-20-2007; Ord. No. 1761,
exh. R(18.80.320), 7-6-2009)
Sec. 38.42.360. 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.
(Ord. No. 1645, § 18.80.330, 8-15-2005; Ord. No.
1693, § 29(18.80.330), 2-20-2007; Ord. No. 1761,
exh. R(18.80.330), 7-6-2009)
Sec. 38.42.370. Basement.
A portion of a building located partly under-
ground but having not less than half its floor-to-
ceiling height below the average grade of the
adjoining ground.
(Ord. No. 1645, § 18.80.340, 8-15-2005; Ord. No.
1693, § 29(18.80.340), 2-20-2007; Ord. No. 1761,
exh. R(18.80.340), 7-6-2009)
Sec. 38.42.380. Beacon.
Any light with one or more beams directed into
the atmosphere or directed at one or more points not
on the same zone lot as the light source; also, any
light with one or more beams that rotate or move.
(Ord. No. 1645, § 18.80.350, 8-15-2005; Ord. No.
1693, § 29(18.80.350), 2-20-2007; Ord. No. 1761,
exh. R(18.80.350), 7-6-2009)
Sec. 38.42.390. Bed and breakfast home.
Asingle-householddwellingwhichremainsowner-
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 over-
night guests only.
(Ord. No. 1645, § 18.80.360, 8-15-2005; Ord. No.
1693, § 29(18.80.360), 2-20-2007; Ord. No. 1761,
exh. R(18.80.360), 7-6-2009)
Sec. 38.42.400. Building.
Any structure having enclosed space and a roof
for the housing and/or enclosure of persons, animals
or chattels.
(Ord. No. 1645, § 18.80.370, 8-15-2005; Ord. No.
1693, § 29(18.80.370), 2-20-2007; Ord. No. 1761,
exh. R(18.80.370), 7-6-2009)
Sec. 38.42.410. Building area.
The maximum horizontal projected area of the
principal and accessory building, excluding open
steps, terraces, and architectural appurtenances pro-
jecting not more than two 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.
(Ord. No. 1645, § 18.80.380, 8-15-2005; Ord. No.
1693, § 29(18.80.380), 2-20-2007; Ord. No. 1761,
exh. R(18.80.380), 7-6-2009)
Sec. 38.42.420. Building envelope.
The three-dimensional volume on a lot lying
between the front, side and rear yard setback lines
and between ground level and the maximum allow-
able building height, amounting to the area avail-
able for potential building construction.
(Ord. No. 1645, § 18.80.390, 8-15-2005; Ord. No.
1693, § 29(18.80.390), 2-20-2007; Ord. No. 1761,
exh. R(18.80.390), 7-6-2009)
Sec. 38.42.430. Building frontage.
The maximum dimension of the building front
measured on a straight line parallel to the street, but
excluding facades facing alleys or driveways.
(Ord. No. 1645, § 18.80.400, 8-15-2005; Ord. No.
1693, § 29(18.80.400), 2-20-2007; Ord. No. 1761,
exh. R(18.80.400), 7-6-2009)
Sec. 38.42.440. 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 utilizes
multiple roof styles or pitches, the highest point of
§ 38.42.350 BOZEMAN MUNICIPAL CODE
CD38:340PROOFS
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 be-
tween grade as defined in this section is greater than
two feet between opposite elevations of the build-
ing, the height of the building may be increased by
one foot for every one foot in grade difference up to
a maximum of six additional feet.
(Ord. No. 1645, § 18.80.410, 8-15-2005; Ord. No.
1693, § 29(18.80.410), 2-20-2007; Ord. No. 1761,
exh. R(18.80.410), 7-6-2009)
Sec. 38.42.450. Building, principal.
A building in which is conducted the main, or
principal, use of the lot on which the building is
situated.
(Ord. No. 1645, § 18.80.420, 8-15-2005; Ord. No.
1693, § 29(18.80.420), 2-20-2007; Ord. No. 1761,
exh. R(18.80.420), 7-6-2009)
Sec. 38.42.460. Business.
Engaging in the purchase, sale, barter or ex-
change of goods, wares, merchandise or services;
the maintenance or operation of offices or recre-
ational or amusement enterprises.
(Ord. No. 1645, § 18.80.430, 8-15-2005; Ord. No.
1693, § 29(18.80.430), 2-20-2007; Ord. No. 1761,
exh. R(18.80.430), 7-6-2009)
Sec. 38.42.470. Canopy.
Any open, permanent roof-like accessory struc-
ture which is not attached or part of a principal
building.
(Ord. No. 1645, § 18.80.440, 8-15-2005; Ord. No.
1693, § 29(18.80.440), 2-20-2007; Ord. No. 1761,
exh. R(18.80.440), 7-6-2009)
Sec. 38.42.480. Canopy tree.
A species of tree which normally bears crown
foliage no lower than six feet above ground level
upon maturity.
(Ord. No. 1645, § 18.80.450, 8-15-2005; Ord. No.
1693, § 29(18.80.450), 2-20-2007; Ord. No. 1761,
exh. R(18.80.450), 7-6-2009)
Sec. 38.42.490. Carport.
Astructure, open on at least two sides, consisting
of a roof and either walls or columns for the
purpose of housing automotive vehicles and other
chattels. The structure shall be considered as an
accessory building when detached from the princi-
pal 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.
(Ord. No. 1645, § 18.80.460, 8-15-2005; Ord. No.
1693, § 29(18.80.460), 2-20-2007; Ord. No. 1761,
exh. R(18.80.460), 7-6-2009)
Sec. 38.42.500. Casino.
A. An establishment whose primary use or ac-
tivity is gambling, either in the form of gambling
machines (video poker, keno, etc.), card games or
other licensed 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 on the prem-
ises; and/or
3. 15 or more gambling machines are on the
premises.
B. An applicant for a casino establishment must
obtain a state license to sell alcoholic beverages for
consumption on the premises.
(Ord. No. 1645, § 18.80.470, 8-15-2005; Ord. No.
1693, § 29(18.80.470), 2-20-2007; Ord. No. 1761,
exh. R(18.80.470), 7-6-2009)
Sec. 38.42.510. Cemetery.
Land used for the burial of the dead and dedi-
cated for cemetery purposes, including crematories,
mausoleums and mortuaries when operated in con-
junction with and within the boundary of such
cemetery.
(Ord. No. 1645, § 18.80.480, 8-15-2005; Ord. No.
1693, § 29(18.80.480), 2-20-2007; Ord. No. 1761,
exh. R(18.80.480), 7-6-2009)
§ 38.42.510UNIFIED DEVELOPMENT CODE
CD38:341PROOFS
Sec. 38.42.520. Certificate of appropriateness.
Apermit 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.
(Ord. No. 1645, § 18.80.490, 8-15-2005; Ord. No.
1693, § 29(18.80.490), 2-20-2007; Ord. No. 1761,
exh. R(18.80.490), 7-6-2009)
Sec. 38.42.530. Certificate of survey.
A drawing of a field survey prepared by a
registered land surveyor for the purpose of disclos-
ing facts pertaining to boundary locations.
(Ord. No. 1645, § 18.80.500, 8-15-2005; Ord. No.
1693, § 29(18.80.500), 2-20-2007; Ord. No. 1761,
exh. R(18.80.500), 7-6-2009)
Sec. 38.42.540. Child.
A person under 12 years of age.
(Ord. No. 1645, § 18.80.510, 8-15-2005; Ord. No.
1693, § 29(18.80.510), 2-20-2007; Ord. No. 1761,
exh. R(18.80.510), 7-6-2009)
Sec. 38.42.550. Church.
A 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.
(Ord. No. 1645, § 18.80.520, 8-15-2005; Ord. No.
1693, § 29(18.80.520), 2-20-2007; Ord. No. 1761,
exh. R(18.80.520), 7-6-2009)
Sec. 38.42.560. City.
The City of Bozeman.
(Ord. No. 1645, § 18.80.530, 8-15-2005; Ord. No.
1693, § 29(18.80.530), 2-20-2007; Ord. No. 1761,
exh. R(18.80.530), 7-6-2009)
Sec. 38.42.570. City commission.
The governing body of the City of Bozeman.
(Ord. No. 1645, § 18.80.540, 8-15-2005; Ord. No.
1693, § 29(18.80.540), 2-20-2007; Ord. No. 1761,
exh. R(18.80.540), 7-6-2009)
Sec. 38.42.580. Civic use.
Public buildings or uses, including, but not
limited to, college/university facilities, congregate
postal facilities, schools, government offices, librar-
ies, assembly uses, police stations, and fire stations.
(Ord. No. 1645, § 18.80.550, 8-15-2005; Ord. No.
1693, § 29(18.80.550), 2-20-2007; Ord. No. 1761,
exh. R(18.80.550), 7-6-2009)
Sec. 38.42.590. 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.
(Ord. No. 1645, § 18.80.560, 8-15-2005; Ord. No.
1761, exh. R(18.80.560), 7-6-2009; Ord. No. 1761,
exh. R(18.80.560), 7-6-2009)
Sec. 38.42.600. Collocation.
The placement 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. The term
"collocation" does not include roof-mounted or
surface-mounted wireless facilities or the placement
of other antenna on an amateur radio antenna.
(Ord. No. 1645, § 18.80.570, 8-15-2005; Ord. No.
1693, § 29(18.80.570), 2-20-2007; Ord. No. 1761,
exh. R(18.80.570), 7-6-2009)
Sec. 38.42.610. Commercial message.
Any sign, wording, logo or other representation
that directly or indirectly names, advertises or calls
attention to a business, product, service or other
commercial activity.
(Ord. No. 1645, § 18.80.580, 8-15-2005; Ord. No.
1693, § 29(18.80.580), 2-20-2007; Ord. No. 1761,
exh. R(18.80.580), 7-6-2009)
§ 38.42.520 BOZEMAN MUNICIPAL CODE
CD38:342PROOFS
Sec. 38.42.620. Commercial node.
A. A commercial node is an area meeting all of
the following conditions:
1. Designated as "community commercial" in
the land use section of the city's adopted
growth policy;
2. Designated as a B-2 zoning district; and
3. Located in one of the four following loca-
tions:
a. Northwest 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 Highland Boulevard across
from the Bozeman Deaconess Hospi-
tal 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
limits as shown on the future land use
map contained in the adopted growth
policy,
d. Northwest of the intersection of Baxter
Lane and Davis Lane to the limits as
shown on the future land use map
contained in the adopted growth pol-
icy.
(Ord. No. 1645, § 18.80.590, 8-15-2005; Ord. No.
1693, § 29(18.80.590), 2-20-2007; Ord. No. 1761,
exh. R(18.80.590), 7-6-2009)
Sec. 38.42.630. Common open space.
Undeveloped land within 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
development. Common open space shall not be part
of individual residential lots. It shall be substan-
tially free of structures, but may contain historic
structures and archaeological sites, and/or recre-
ational facilities for residents, including but not
limited to benches, picnic tables and interpretive
signage as indicated on an approved development
plan. Stormwater control facilities for the benefit of
the subdivision may also be located within common
open space.
(Ord. No. 1645, § 18.80.600, 8-15-2005; Ord. No.
1693, § 29(18.80.600), 2-20-2007; Ord. No. 1761,
exh. R(18.80.600), 7-6-2009)
Sec. 38.42.640. Common ownership.
Ownership by the same person, corporation,
firm, entity, partnership or unincorporated associa-
tion; or ownership by different corporations, firms,
partnerships, or unincorporated association in which
a stockbroker, partner, or associate, or a member of
the owner's family owns an interest in each corpo-
ration, firm, partnership, entity or unincorporated
association.
(Ord. No. 1645, § 18.80.610, 8-15-2005; Ord. No.
1693, § 29(18.80.610), 2-20-2007; Ord. No. 1761,
exh. R(18.80.610), 7-6-2009)
Sec. 38.42.650. Community center.
A building or portion of a building used for
nonprofit cultural, educational, recreational, reli-
gious or social activities which is open to the public
or a designated part of the public, usually owned
and operated by a public or nonprofit group or
agency. Examples of community centers are schools,
churches, Boys and Girls Clubs, and similar uses.
Community center does not include fraternities,
lodges or similar uses.
(Ord. No. 1645, § 18.80.620, 8-15-2005; Ord. No.
1693, § 29(18.80.620), 2-20-2007; Ord. No. 1761,
exh. R(18.80.620), 7-6-2009)
Sec. 38.42.660. Community residential facility.
A. Asingle residential structure having common
kitchen facilities including:
1. Those occupied by persons having devel-
opmental disabilities and living together for
the purpose of residential training, observa-
tion and/or common support, in which care
is provided on a 24-hour per day basis;
§ 38.42.660UNIFIED DEVELOPMENT CODE
CD38:343PROOFS
2. A community group home for developmen-
tally, mentally or severely disabled persons
which does not provide skilled or interme-
diate nursing care;
3. A youth foster home or other facility for
care of minors as defined in MCA52-2-601
et seq.;
4. A halfway house operated in accordance
with regulations of the state department of
public health and human services for the
rehabilitation of alcoholics or drug depen-
dent persons;
5. A licensed adult foster care home; or
6. Any facility defined in MCA 76-2-411.
Where a limitation of eight or fewer residents is
imposed for the purpose of defining the necessary
review process to establish this use, the operator of
a residential facility, members of the operator's
household or persons employed as staff shall not be
counted as residents, except that the total number of
all persons living at the facility shall not exceed ten.
(Ord. No. 1645, § 18.80.630, 8-15-2005; Ord. No.
1693, § 29(18.80.630), 2-20-2007; Ord. No. 1761,
exh. R(18.80.630), 7-6-2009)
State law reference—Application to governmental
agencies group and foster homes, MCA 76-2-401 et seq.
Sec. 38.42.670. Compatible development.
The 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.
Elements of compatible development 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 nonmotorized transportation, and open spaces
and parks. Compatible development does not re-
quire uniformity or monotony of architectural or
site design, density or use.
(Ord. No. 1645, § 18.80.640, 8-15-2005; Ord. No.
1693, § 29(18.80.640), 2-20-2007; Ord. No. 1761,
exh. R(18.80.640), 7-6-2009)
Sec. 38.42.680. Compatible land use.
A land use which may by virtue of the charac-
teristics of its discernible outward effects exist in
harmony with an adjoining land use of differing
character. Effects often measured to determine com-
patibility include, but are not limited to, noise, odor,
light and the presence of physical hazards such as
combustible or explosive materials.
(Ord. No. 1645, § 18.80.650, 8-15-2005; Ord. No.
1693, § 29(18.80.650), 2-20-2007; Ord. No. 1761,
exh. R(18.80.650), 7-6-2009)
Sec. 38.42.690. Conditional use.
A public or private use as listed in this chapter
which, because of its unique characteristics, cannot
be properly classified as a principal use or acces-
sory use in a particular district. After 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 chapter for any
particular conditional use, including time limits,
pursuant to the requirements of this chapter.
(Ord. No. 1645, § 18.80.660, 8-15-2005; Ord. No.
1693, § 29(18.80.660), 2-20-2007; Ord. No. 1761,
exh. R(18.80.660), 7-6-2009)
Sec. 38.42.700. Conditional use permit.
Legal authorization to construct, develop or op-
erate a conditional use as defined by this chapter.
(Ord. No. 1645, § 18.80.670, 8-15-2005; Ord. No.
1693, § 29(18.80.670), 2-20-2007; Ord. No. 1761,
exh. R(18.80.670), 7-6-2009)
Sec. 38.42.710. Conservation easement.
The grant of a property right or interest from the
property owner the public or nonprofit conservation
organization stipulating that the described land shall
remain in perpetuity in its natural and open state,
precluding future or additional development (with
the exception of any allowable structures or facili-
ties).
(Ord. No. 1645, § 18.80.680, 8-15-2005; Ord. No.
1693, § 29(18.80.680), 2-20-2007; Ord. No. 1761,
exh. R(18.80.680), 7-6-2009)
§ 38.42.660 BOZEMAN MUNICIPAL CODE
CD38:344PROOFS
Sec. 38.42.720. 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.
(Ord. No. 1645, § 18.80.690, 8-15-2005; Ord. No.
1693, § 29(18.80.690), 2-20-2007; Ord. No. 1761,
exh. R(18.80.690), 7-6-2009)
Sec. 38.42.730. Construction.
The act of adding to an existing structure or
erecting a new principal or accessory structure.
(Ord. No. 1645, § 18.80.700, 8-15-2005; Ord. No.
1693, § 29(18.80.700), 2-20-2007; Ord. No. 1761,
exh. R(18.80.700), 7-6-2009)
Sec. 38.42.740. Convenience food restaurant.
A. 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 character-
istics:
1. Foods, frozen desserts or nonalcoholic bev-
erages are usually served in edible contain-
ers or in paper, plastic or other disposable
containers;
2. The customer is not served food at the
customer's table by an employee but re-
ceives it at a counter, window or similar
facility for carrying to another location for
consumption either on or off the premises.
(Ord. No. 1645, § 18.80.710, 8-15-2005; Ord. No.
1693, § 29(18.80.710), 2-20-2007; Ord. No. 1761,
exh. R(18.80.710), 7-6-2009)
Sec. 38.42.750. Convenience use.
A. 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:
1. Retail motor fuel is sold;
2. The primary business is the sale of food or
drink for consumption, either on or off
premises, over a counter, or from an out-
door service window or automobile service
window. Of the food or drink sold, at least
20 percent is in disposable or carry-out
containers; or
3. Drive-in and drive-through restaurants.
(Ord. No. 1645, § 18.80.720, 8-15-2005; Ord. No.
1693, § 29(18.80.720), 2-20-2007; Ord. No. 1761,
exh. R(18.80.720), 7-6-2009)
Sec. 38.42.760. Cooperative household.
A. Five or more persons who are granted a
conditional use permit as a cooperative household
pursuant to the terms of article 18 of this chapter. A
cooperative household exhibits four or more of the
following characteristics:
1. A shared strong bond or common commit-
ment to a single purpose, such as members
of a religious order;
2. Are not legally dependent on others not
living with them;
3. Can establish legal "domicile" as defined
by state law;
4. Share a single household budget;
5. Share in the work of maintaining the prem-
ises;
6. Legally share in the ownership or posses-
sion of the premises, e.g., tenants in com-
mon on a deed or cosigners of a single
lease; or
7. The relationship must be of a permanent
and distinct character with a demonstrable
and recognizable bond characteristic of a
cohesive unit.
§ 38.42.760UNIFIED DEVELOPMENT CODE
CD38:345PROOFS
B. Cooperative housing does not mean any so-
ciety, club, fraternity, sorority, association, lodge,
organization or group of students or other individ-
uals with a common living arrangement or whose
basis for the establishment of the housekeeping unit
is temporary.
(Ord. No. 1645, § 18.80.730, 8-15-2005; Ord. No.
1693, § 29(18.80.730), 2-20-2007; Ord. No. 1761,
exh. R(18.80.730), 7-6-2009)
Sec. 38.42.770. Covenant.
An agreement that binds and restricts the land in
the hands of present owners and subsequent pur-
chasers with a view towards protecting and enhanc-
ing the physical, natural and economic integrity of
an area.
(Ord. No. 1645, § 18.80.740, 8-15-2005; Ord. No.
1693, § 29(18.80.740), 2-20-2007; Ord. No. 1761,
exh. R(18.80.740), 7-6-2009)
Sec. 38.42.780. 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.
(Ord. No. 1645, § 18.80.750, 8-15-2005; Ord. No.
1693, § 29(18.80.750), 2-20-2007; Ord. No. 1761,
exh. R(18.80.750), 7-6-2009)
Sec. 38.42.790. Day care center.
A place in which supplemental care is provided
to 13 or more nonresident persons on a regular basis
and which is licensed by the state.
(Ord. No. 1645, § 18.80.760, 8-15-2005; Ord. No.
1693, § 29(18.80.760), 2-20-2007; Ord. No. 1761,
exh. R(18.80.760), 7-6-2009)
Sec. 38.42.800. Day care home, family.
A private residence 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.
(Ord. No. 1645, § 18.80.770, 8-15-2005; Ord. No.
1693, § 29(18.80.770), 2-20-2007; Ord. No. 1761,
exh. R(18.80.770), 7-6-2009)
Sec. 38.42.810. Day care home, group.
A private residence in which supplemental care
is provided to seven to 12 nonresident persons on a
regular basis and which is registered by the state.
(Ord. No. 1645, § 18.80.780, 8-15-2005; Ord. No.
1693, § 29(18.80.780), 2-20-2007; Ord. No. 1761,
exh. R(18.80.780), 7-6-2009)
Sec. 38.42.820. Dedication.
The deliberate appropriation of land by an owner
for any general and public use, reserving no rights
which are incompatible with the full exercise and
enjoyment of the public use to which the property
has been devoted.
(Ord. No. 1645, § 18.80.790, 8-15-2005; Ord. No.
1693, § 29(18.80.790), 2-20-2007; Ord. No. 1761,
exh. R(18.80.790), 7-6-2009)
Sec. 38.42.830. Demolition.
Any act or process that destroys, in part or whole,
a structure or archaeological site.
(Ord. No. 1645, § 18.80.800, 8-15-2005; Ord. No.
1693, § 29(18.80.800), 2-20-2007; Ord. No. 1761,
exh. R(18.80.800), 7-6-2009)
Sec. 38.42.840. Design review.
The aesthetic evaluation of certain development
proposals, including those located in the neighbor-
hood conservation overlay district, entryway over-
lay district, and all planned unit developments and
retail developments consisting of single-tenant build-
ings greater than 40,000 square feet relative to
architectural, site, landscape, environmental, urban
and other design matters as specified in this chapter.
(Ord. No. 1645, § 18.80.810, 8-15-2005; Ord. No.
1693, § 29(18.80.810), 2-20-2007; Ord. No. 1761,
exh. R(18.80.810), 7-6-2009)
Sec. 38.42.850. Design review board.
That board created by article 33 of this chapter
and appointed by the city commission, charged with
§ 38.42.760 BOZEMAN MUNICIPAL CODE
CD38:346PROOFS
the design review, as defined in this article, of
certain plans and proposals as specified in this
chapter.
(Ord. No. 1645, § 18.80.820, 8-15-2005; Ord. No.
1693, § 29(18.80.820), 2-20-2007; Ord. No. 1761,
exh. R(18.80.820), 7-6-2009)
Sec. 38.42.860. Development.
Any manmade change to improve or alter real
estate, including, but not limited to, subdivision of
land, buildings or other structures, mining, dredg-
ing, filling, grading, paving, excavation or drilling
operations.
(Ord. No. 1645, § 18.80.830, 8-15-2005; Ord. No.
1693, § 29(18.80.830), 2-20-2007; Ord. No. 1761,
exh. R(18.80.830), 7-6-2009)
Sec. 38.42.870. Development envelopes.
Areas on a lot within which grading, lawns,
pavement and buildings will be located.
(Ord. No. 1645, § 18.80.840, 8-15-2005; Ord. No.
1693, § 29(18.80.840), 2-20-2007; Ord. No. 1761,
exh. R(18.80.840), 7-6-2009)
Sec. 38.42.880. Development review committee.
That committee created by article 33 of this
chapter and charged with the expressed intent of
reviewing designated plans and proposals.
(Ord. No. 1645, § 18.80.850, 8-15-2005; Ord. No.
1693, § 29(18.80.850), 2-20-2007; Ord. No. 1761,
exh. R(18.80.850), 7-6-2009)
Sec. 38.42.890. Deviation.
A modification of physical standards of this
chapter as applied to a specific piece of property
located within the neighborhood conservation over-
lay district or entryway corridor overlay district. A
deviation may be granted only by the city commis-
sion.
(Ord. No. 1645, § 18.80.860, 8-15-2005; Ord. No.
1693, § 29(18.80.860), 2-20-2007; Ord. No. 1761,
exh. R(18.80.860), 7-6-2009)
Sec. 38.42.900. 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 trans-
fer, title to or possession of a portion of the tract, or
properly filing a certificate of survey or subdivision
plat establishing the identity of the segregated
parcels pursuant to these subdivision regulations
and the Montana Subdivision and Platting Act
(MCA 76-3-101 et seq.). 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.
(Ord. No. 1645, § 18.80.870, 8-15-2005; Ord. No.
1693, § 29(18.80.870), 2-20-2007; Ord. No. 1761,
exh. R(18.80.870), 7-6-2009)
Sec. 38.42.910. Directional sign.
An on-premises sign which is intended to convey
information regarding the location of specific fea-
tures of the site or to convey on-premise regulations
including traffic and circulation regulations.
(Ord. No. 1645, § 18.80.880, 8-15-2005; Ord. No.
1693, § 29(18.80.880), 2-20-2007; Ord. No. 1761,
exh. R(18.80.880), 7-6-2009)
Sec. 38.42.920. 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.
(Ord. No. 1645, § 18.80.890, 8-15-2005; Ord. No.
1693, § 29(18.80.890), 2-20-2007; Ord. No. 1761,
exh. R(18.80.890), 7-6-2009)
Sec. 38.42.930. Drive-in business.
Any 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 auto-
§ 38.42.930UNIFIED DEVELOPMENT CODE
CD38:347PROOFS
mated teller machine, drive-in laundry or dry clean-
ing pickup station, drive-in restaurant and any
business offering take-home food services.
(Ord. No. 1645, § 18.80.900, 8-15-2005; Ord. No.
1693, § 29(18.80.900), 2-20-2007; Ord. No. 1761,
exh. R(18.80.900), 7-6-2009)
Sec. 38.42.940. Dwelling.
A building, or portion thereof, meeting the re-
quirements of the city's adopted International Build-
ing Code and used by one household, as defined by
this article, for residential purposes. Dwelling oc-
cupancy duration is typically longer than 30 con-
tinuous days. Dwellings may exist in many config-
urations, including single-household, two-household,
multiple-household dwellings and group homes.
Dwellings do not include hotels, motels, extended
stay lodgings or tourist homes.
(Ord. No. 1645, § 18.80.910, 8-15-2005; Ord. No.
1693, § 29(18.80.910), 2-20-2007; Ord. No. 1761,
exh. R(18.80.910), 7-6-2009)
Sec. 38.42.950. Easement.
A 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
purposes.
(Ord. No. 1645, § 18.80.920, 8-15-2005; Ord. No.
1693, § 29(18.80.920), 2-20-2007; Ord. No. 1761,
exh. R(18.80.920), 7-6-2009)
Sec. 38.42.960. Efficiency unit.
A dwelling unit containing only one habitable
room as defined and regulated by the most recently
adopted International Building Code.
(Ord. No. 1645, § 18.80.930, 8-15-2005; Ord. No.
1693, § 29(18.80.930), 2-20-2007; Ord. No. 1761,
exh. R(18.80.930), 7-6-2009)
Sec. 38.42.970. Engineer(registered professional
engineer).
A person licensed in conformance with the Mon-
tana Professional Engineers RegistrationAct (MCA
37-67-101 through 37-67-332) to practice engineer-
ing in the statea.
(Ord. No. 1645, § 18.80.940, 8-15-2005; Ord. No.
1693, § 29(18.80.940), 2-20-2007; Ord. No. 1761,
exh. R(18.80.940), 7-6-2009)
Sec. 38.42.980. Engineering division.
Engineering Division of the City of Bozeman's
Department of Public Service.
(Ord. No. 1645, § 18.80.950, 8-15-2005; Ord. No.
1693, § 29(18.80.950), 2-20-2007; Ord. No. 1761,
exh. R(18.80.950), 7-6-2009)
Sec. 38.42.990. Essential services (Type I).
Water pumping stations; stormwater drainage
facilities (including collection lines, retention/
detention ponds and drainageways); sanitary sewer
and storm sewer lift stations; public domestic water
storage facilities; water fill stations for firefighting
equipment; local service telephone lines and cables;
local service electrical distribution lines and cables;
local service cable television lines; local service
electronic data transmission lines and cables; water
and sanitary sewer distribution and collection lines;
and public and amateur radio antennae and towers.
(Ord. No. 1645, § 18.80.960, 8-15-2005; Ord. No.
1693, § 29(18.80.960), 2-20-2007; Ord. No. 1761,
exh. R(18.80.960), 7-6-2009)
Sec. 38.42.1000. Essential services (Type II).
Pipelines to transport gas, oil and coal (interstate
and intrastate); electric substations; electrical trans-
mission lines (interstate and intrastate); public sup-
ply facilities (electric and gas); public treatment
facilities (water, sanitary sewer and storm sewer);
telephone satellite community dial offices; tele-
phone exchanges and repeater stations, except those
facilities which may be considered wireless facili-
ties; other accessory facilities, equipment and struc-
tures; and police and fire stations.
(Ord. No. 1645, § 18.80.970, 8-15-2005; Ord. No.
1693, § 29(18.80.970), 2-20-2007; Ord. No. 1761,
exh. R(18.80.970), 7-6-2009)
Sec. 38.42.1010. Establish.
To construct, place, insert or excavate.
(Ord. No. 1645, § 18.80.980, 8-15-2005; Ord. No.
1693, § 29(18.80.980), 2-20-2007; Ord. No. 1761,
exh. R(18.80.980), 7-6-2009)
§ 38.42.930 BOZEMAN MUNICIPAL CODE
CD38:348PROOFS
Sec. 38.42.1020. Evergreen tree or shrub.
A tree or shrub of a species which normally
retains its leaves/needles throughout the year.
(Ord. No. 1645, § 18.80.990, 8-15-2005; Ord. No.
1693, § 29(18.80.990), 2-20-2007; Ord. No. 1761,
exh. R(18.80.990), 7-6-2009)
Sec. 38.42.1030. Existing manufactured home
park or subdivision.
A manufactured home park or subdivision where
the construction of facilities for servicing the man-
ufactured home lots is completed before the effec-
tive date of the floodplain management regulations.
This includes, at a minimum, the installation of
utilities, the construction of streets, and either final
site grading or the pouring of concrete pads.
(Ord. No. 1645, § 18.80.1000, 8-15-2005; Ord. No.
1693, § 29(18.80.1000), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1000), 7-6-2009)
Sec. 38.42.1040. Extended stay lodgings.
Guest rooms intended or designed to be used, or
which are used, rented or hired out to be occupied,
or which are occupied for sleeping purposes for
guests and contain kitchen facilities for food prep-
aration, including, but not limited to, such facilities
as refrigerators, stoves and ovens. Generally an
individual guest will not exceed 30 days stay. This
definition includes dwelling units used, rented or
hired out for vacation homes.
(Ord. No. 1645, § 18.80.1010, 8-15-2005; Ord. No.
1693, § 29(18.80.1010), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1010), 7-6-2009)
Sec. 38.42.1050. Final decision.
The final action of an agency, board or commis-
sion when no further action is available before such
agency, board or commission.
(Ord. No. 1645, § 18.80.1020, 8-15-2005; Ord. No.
1693, § 29(18.80.1020), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1020), 7-6-2009)
Sec. 38.42.1060. Final plat.
The final drawing of a subdivision and dedica-
tion required by this chapter and the Montana
Subdivision and Platting Act to be prepared for
filing for record with the clerk and recorder, and
containing all elements and requirements set forth
in this chapter and the Montana Subdivision and
Platting.
(Ord. No. 1645, § 18.80.1030, 8-15-2005; Ord. No.
1693, § 29(18.80.1030), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1030), 7-6-2009)
Sec. 38.42.1070. Final site plan.
The final scale drawings of a preliminarily ap-
proved development and any other required infor-
mation, the approval of which by the planning
director indicates that the required conditions for
approval have been met.
(Ord. No. 1645, § 18.80.1040, 8-15-2005; Ord. No.
1693, § 29(18.80.1040), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1040), 7-6-2009)
Sec. 38.42.1080. Flood or flooding.
A general and temporary condition of partial or
complete inundation of normally dry lands from the
overflow of a stream, or the unusual and rapid
accumulation or runoff of surface waters from any
source.
(Ord. No. 1645, § 18.80.1050, 8-15-2005; Ord. No.
1693, § 29(18.80.1050), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1050), 7-6-2009)
Sec. 38.42.1090. Flood insurance rate map.
The map on which FEMA has delineated both
the 100-year floodplains and the risk premium
zones.
(Ord. No. 1645, § 18.80.1060, 8-15-2005; Ord. No.
1693, § 29(18.80.1060), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1060), 7-6-2009)
Sec. 38.42.1100. 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.
(Ord. No. 1645, § 18.80.1070, 8-15-2005; Ord. No.
1693, § 29(18.80.1070), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1070), 7-6-2009)
§ 38.42.1100UNIFIED DEVELOPMENT CODE
CD38:349PROOFS
Sec. 38.42.1110. Floodplain.
Areas generally adjoining a stream that would be
covered by floodwater of a 100-year flood except
for designated shallow flooding areas that receive
less than one foot of water per occurrence. The
floodplain consists of a floodway and floodway
fringe. Floodplain regulations are found in article
31 of this chapter.
(Ord. No. 1645, § 18.80.1080, 8-15-2005; Ord. No.
1693, § 29(18.80.1080), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1080), 7-6-2009)
Sec. 38.42.1120. Floodplain Act.
The Montana Floodplain and Floodway Manage-
ment Act, MCA 76-5-101 et seq.
(Ord. No. 1645, § 18.80.1090, 8-15-2005; Ord. No.
1693, § 29(18.80.1090), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1090), 7-6-2009)
Sec. 38.42.1130. 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.
(Ord. No. 1645, § 18.80.1100, 8-15-2005; Ord. No.
1693, § 29(18.80.1100), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1100), 7-6-2009)
Sec. 38.42.1140. Floodway fringe.
The portion of the floodplain that is outside the
limits of the floodway.
(Ord. No. 1645, § 18.80.1110, 8-15-2005; Ord. No.
1693, § 29(18.80.1110), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1110), 7-6-2009)
Sec. 38.42.1150. Food processing facility.
A facility in which food is processed or other-
wise prepared for eventual human consumption, but
not consumed on the premises.
(Ord. No. 1645, § 18.80.1120, 8-15-2005; Ord. No.
1693, § 29(18.80.1120), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1120), 7-6-2009)
Sec. 38.42.1160. Footcandle.
A unit of light intensity stated in lumens per
square foot and measurable with an illuminance
meter.
(Ord. No. 1645, § 18.80.1130, 8-15-2005; Ord. No.
1693, § 29(18.80.1130), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1130), 7-6-2009)
Sec. 38.42.1170. Freestanding sign.
Any sign supported by structures or supports that
are placed on, or anchored in, the ground and that
are independent from any building or other struc-
ture.
(Ord. No. 1645, § 18.80.1140, 8-15-2005; Ord. No.
1693, § 29(18.80.1140), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1140), 7-6-2009)
Sec. 38.42.1180. Front line of building.
The line of the face of a building nearest the front
lot line.
(Ord. No. 1645, § 18.80.1150, 8-15-2005; Ord. No.
1693, § 29(18.80.1150), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1150), 7-6-2009)
Sec. 38.42.1190. 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 the street right-of-way and
the front building line.
(Ord. No. 1645, § 18.80.1160, 8-15-2005; Ord. No.
1693, § 29(18.80.1160), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1160), 7-6-2009)
Sec. 38.42.1200. Garage, private.
A detached accessory 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.
(Ord. No. 1645, § 18.80.1170, 8-15-2005; Ord. No.
1693, § 29(18.80.1170), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1170), 7-6-2009)
§ 38.42.1110 BOZEMAN MUNICIPAL CODE
CD38:350PROOFS
Sec. 38.42.1210. 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.
(Ord. No. 1645, § 18.80.1180, 8-15-2005; Ord. No.
1693, § 29(18.80.1180), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1180), 7-6-2009)
Sec. 38.42.1220. Glare.
The sensation produced by lighting that causes
an annoyance, discomfort or loss in visual perfor-
mance and visibility to the eye.
(Ord. No. 1645, § 18.80.1190, 8-15-2005; Ord. No.
1693, § 29(18.80.1190), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1190), 7-6-2009)
Sec. 38.42.1230. Governing body
The governing authority of a city or town orga-
nized pursuant to law. In the city, the city commis-
sion is the governing authority.
(Ord. No. 1645, § 18.80.1200, 8-15-2005; Ord. No.
1693, § 29(18.80.1200), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1200), 7-6-2009)
Sec. 38.42.1240. Grade.
The lowest point of elevation of the finished
surface of the ground between the exterior wall of a
building and a point five 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
five feet distance from the wall. If walls are parallel
to and within five feet of a public sidewalk, alley or
other public way, the grade shall be the elevation of
the sidewalk, alley or public way. The term "fin-
ished surface of the ground" shall not include
window wells, stairwells or other similar features,
but shall include features such as usable patio areas.
(Ord. No. 1645, § 18.80.1210, 8-15-2005; Ord. No.
1693, § 29(18.80.1210), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1210), 7-6-2009)
Sec. 38.42.1250. Green.
An open space available for unstructured recre-
ation, with landscaping consisting of maintained
grassy areas, trees and other vegetation.
(Ord. No. 1645, § 18.80.1220, 8-15-2005; Ord. No.
1693, § 29(18.80.1220), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1220), 7-6-2009)
Sec. 38.42.1260. 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.
(Ord. No. 1645, § 18.80.1230, 8-15-2005; Ord. No.
1693, § 29(18.80.1230), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1230), 7-6-2009)
Sec. 38.42.1270. 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 stair-
ways and secondary stairways.
(Ord. No. 1645, § 18.80.1240, 8-15-2005; Ord. No.
1693, § 29(18.80.1240), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1240), 7-6-2009)
Sec. 38.42.1280. Gross acreage.
The total area of a parcel including the area of
perimeter street rights-of-way to the centerline of
the street.
(Ord. No. 1645, § 18.80.1250, 8-15-2005; Ord. No.
1693, § 29(18.80.1250), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1250), 7-6-2009)
Sec. 38.42.1290. Gross density.
The number of residential dwelling units per unit
of land used for residential purposes, with the term
"unit of land" being the gross residential acreage.
(Ord. No. 1645, § 18.80.1260, 8-15-2005; Ord. No.
1693, § 29(18.80.1260), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1260), 7-6-2009)
§ 38.42.1290UNIFIED DEVELOPMENT CODE
CD38:351PROOFS
Sec. 38.42.1300. Groundcover.
Natural mulch or plants of species which nor-
mally reach a height of less than two feet upon
maturity, installed in such a manner so as to form a
continuous cover over the ground.
(Ord. No. 1645, § 18.80.1270, 8-15-2005; Ord. No.
1693, § 29(18.80.1270), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1270), 7-6-2009)
Sec. 38.42.1310. Growth policy.
An official public document adopted and used by
a local government as a general guide for develop-
ment and conservation decisions. It is not a regula-
tion; rather, it is an official statement of public
policy to guide growth and change. The required
and optional elements of a growth policy are listed
in MCA 76-1-601.
(Ord. No. 1645, § 18.80.1280, 8-15-2005; Ord. No.
1693, § 29(18.80.1280), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1280), 7-6-2009)
Sec. 38.42.1320. 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.
(Ord. No. 1645, § 18.80.1290, 8-15-2005; Ord. No.
1693, § 29(18.80.1290), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1290), 7-6-2009)
Sec. 38.42.1330. Health authorities.
The state department of environmental quality,
local environmental health specialist or other autho-
rized representative.
(Ord. No. 1645, § 18.80.1300, 8-15-2005; Ord. No.
1693, § 29(18.80.1300), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1300), 7-6-2009)
Sec. 38.42.1340. Health and exercise establish-
ments.
An establishment designed and equipped for the
conduct of sports, exercise activities and other
customary and usual recreational activities, includ-
ing tennis, racquetball, handball and squash courts,
martial arts, gymnastics, weight and aerobic exer-
cise rooms, running facilities, swimming pools,
yoga, sport dancing, and whirlpool and sauna facil-
ities. Permitted accessory uses shall include child
care, suntanning booths, massage, health and nutri-
tion counseling services, retail sales of sporting
goods and restaurant services.
(Ord. No. 1645, § 18.80.1310, 8-15-2005; Ord. No.
1693, § 29(18.80.1310), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1310), 7-6-2009)
Sec. 38.42.1350. Height of low profile sign.
The vertical distance between the finished grade
and the highest component of the sign.
(Ord. No. 1645, § 18.80.1320, 8-15-2005; Ord. No.
1693, § 29(18.80.1320), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1320), 7-6-2009)
Sec. 38.42.1360. Height of pole style sign.
The vertical distance between the elevation of
the adjacent street curb, or edge of pavement, if no
curb exists, to the highest attached component of
the sign. In the event that the finished grade of the
sign 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.
(Ord. No. 1645, § 18.80.1330, 8-15-2005; Ord. No.
1693, § 29(18.80.1330), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1330), 7-6-2009)
Sec. 38.42.1370. Historic site.
The location of a significant event, a prehistoric
or historic occupation or activity, or a building or
structure, whether standing, ruined or vanished,
where the location itself possesses significant his-
toric, cultural or archaeological value. The value of
a site shall be based on the ability of the site to meet
§ 38.42.1300 BOZEMAN MUNICIPAL CODE
CD38:352PROOFS
the eligibility requirements for historical signifi-
cance as described by the National Register of
Historic Places.
(Ord. No. 1645, § 18.80.1340, 8-15-2005; Ord. No.
1693, § 29(18.80.1340), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1340), 7-6-2009)
Sec. 38.42.1380. Home-based business.
Any business, occupation or activity undertaken
for gain within a residential structure that is inci-
dental and secondary to the use of that structure as
a dwelling. Home based businesses are subject to
the requirements of this chapter.
(Ord. No. 1645, § 18.80.1350, 8-15-2005; Ord. No.
1693, § 29(18.80.1350), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1350), 7-6-2009)
Sec. 38.42.1390. Home office.
An accessory use in which work for compensa-
tion is undertaken, including, but not limited to,
receiving or initiating correspondence, such as phone
calls, mail, faxes or email; preparing or maintaining
business records; word and data processing; and
telephone, mail order and off-premises sales.
(Ord. No. 1645, § 18.80.1360, 8-15-2005; Ord. No.
1693, § 29(18.80.1360), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1360), 7-6-2009)
Sec. 38.42.1400. Hospital.
An institution for the diagnosis, treatment or
other cure of human ailments and which may
include a sanitarium or clinic, provided such insti-
tution is operated by, or treatment is given, under
direct supervision of a physician licensed to prac-
tice by the state.
(Ord. No. 1645, § 18.80.1370, 8-15-2005; Ord. No.
1693, § 29(18.80.1370), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1370), 7-6-2009)
Sec. 38.42.1410. Hotel or motel.
A building or a group of buildings in which
lodging is provided and offered to transient guests
for compensation; the term "hotel or motel" shall
not include a boardinghouse, extended stay lodg-
ings, lodginghouse or roominghouse.
(Ord. No. 1645, § 18.80.1380, 8-15-2005; Ord. No.
1693, § 29(18.80.1380), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1380), 7-6-2009)
Sec. 38.42.1420. Household.
A. Aperson living alone, or any of the following
groups living together as a single nonprofit house-
keeping unit and sharing common living, sleeping,
cooking and eating facilities:
1. Any number of people related by blood,
marriage, adoption, guardianship or other
duly-authorized custodial relationship;
2. Not more than four unrelated people, in-
cluding persons enrolled in an institution of
higher learning;
3. Two unrelated people and any children
related to either of them; or
4. Not more than four people who are:
a. Residents of a "Community Residen-
tial Facility" as defined in MCA 76-
2-411 et seq. and this chapter; or
b. "Handicapped" as defined in the Fair
Housing Act, 42 USC 3602(h). This
definition does not include those per-
sons currently illegally using or ad-
dicted to a "controlled substance" as
defined in the Controlled Substances
Act, 21 USC 802(6).
5. "Household" does not include:
a. Any society, club, fraternity, sorority,
association, lodge, combine, federa-
tion, coterie, cooperative housing or
like organization;
b. Any group of individuals whose asso-
ciation is temporary or seasonal in
nature; or
§ 38.42.1420UNIFIED DEVELOPMENT CODE
CD38:353PROOFS
c. Any group of individuals who are in a
group living arrangement as a result
of criminal offenses.
(Ord. No. 1645, § 18.80.1390, 8-15-2005; Ord. No.
1693, § 29(18.80.1390), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1390), 7-6-2009)
Sec. 38.42.1430. Illuminance.
The quantity of light measured in footcandles 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.
(Ord. No. 1645, § 18.80.1400, 8-15-2005; Ord. No.
1693, § 29(18.80.1400), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1400), 7-6-2009)
Sec. 38.42.1440. Immediate family.
A spouse, children by blood or adoption, and
parents.
(Ord. No. 1645, § 18.80.1410, 8-15-2005; Ord. No.
1693, § 29(18.80.1410), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1410), 7-6-2009)
Sec. 38.42.1450. Incidental.
Any action or use of less importance, or second-
ary to, any other action or use.
(Ord. No. 1645, § 18.80.1420, 8-15-2005; Ord. No.
1693, § 29(18.80.1420), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1420), 7-6-2009)
Sec. 38.42.1460. Incidental sign.
A sign, generally informational, that has a pur-
pose secondary to the use of the zone lot on which
it is located, such as "no parking," "entrance,"
"loading only," "telephone," and other similar di-
rectives. 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.
(Ord. No. 1645, § 18.80.1430, 8-15-2005; Ord. No.
1693, § 29(18.80.1430), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1430), 7-6-2009)
Sec. 38.42.1470. Industry, heavy.
An industry 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 an industry
which constitutes a fire or explosion hazard.
(Ord. No. 1645, § 18.80.1440, 8-15-2005; Ord. No.
1693, § 29(18.80.1440), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1440), 7-6-2009)
Sec. 38.42.1480. Industry, light.
An industry whose processing of products results
in none of the conditions described for heavy
industry.
(Ord. No. 1645, § 18.80.1450, 8-15-2005; Ord. No.
1693, § 29(18.80.1450), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1450), 7-6-2009)
Sec. 38.42.1490. Interchange zone.
Districts created for the purpose of allowing
larger and/or additional signage for the areas adja-
cent to the Interstate 90 interchanges at East Main
Street, North 7th Avenue and North 19th Avenue
which are located within the Entryway Overlay
District, B-2 Zoning District and within 1,300 feet
of the Interstate 90 right-of-way.
(Ord. No. 1645, § 18.80.1460, 8-15-2005; Ord. No.
1693, § 29(18.80.1460), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1460), 7-6-2009)
Sec. 38.42.1500. Irregularlyshapedtractofland.
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 trigono-
metric calculation.
(Ord. No. 1645, § 18.80.1470, 8-15-2005; Ord. No.
1693, § 29(18.80.1470), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1470), 7-6-2009)
Sec. 38.42.1510. Landmark.
A site, structure or object designated as a "land-
mark" pursuant to the procedures prescribed in
article 16 of this chapter, that is worthy of preser-
§ 38.42.1420 BOZEMAN MUNICIPAL CODE
CD38:354PROOFS
vation, restoration or rehabilitation because of its
historic land planning or architectural significance
and officially recognized through listing in the
National Register of Historic Places. A landmark
shall be subject to all neighborhood conservation
overlay district procedures and requirements.
(Ord. No. 1645, § 18.80.1480, 8-15-2005; Ord. No.
1693, § 29(18.80.1480), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1480), 7-6-2009)
Sec. 38.42.1520. Landscape architect.
A person licensed to practice landscape architec-
ture in the state.
(Ord. No. 1645, § 18.80.1490, 8-15-2005; Ord. No.
1693, § 29(18.80.1490), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1490), 7-6-2009)
Sec. 38.42.1530. Landscaping.
At least 75 percent coverage of an area with
natural grass, vegetative groundcover or other nat-
ural living plant materials, the remainder of which
is covered with nonvegatative decorative landscape
design elements such as washed rock, lava rock,
bark chips and ornamental features such as pools,
fountains, benches, etc. For purposes of this chap-
ter, the term landscaping shall be considered to have
the same meaning as the terms "landscape," "land-
scaped" and "landscaped area."
(Ord. No. 1645, § 18.80.1500, 8-15-2005; Ord. No.
1693, § 29(18.80.1500), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1500), 7-6-2009)
Sec. 38.42.1540. Large scale wireless facility.
A wireless facility 25 feet or greater in height
from the base to the highest point including attach-
ments. Examples of supporting structures are mono-
poles, 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 are shown in Appendix A to this chapter.
(Ord. No. 1645, § 18.80.1510, 8-15-2005; Ord. No.
1693, § 29(18.80.1510), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1510), 7-6-2009)
Sec. 38.42.1550. Large shrub.
A shrub which normally reaches a height of five
feet or more upon maturity, and usually has five or
more canes.
(Ord. No. 1645, § 18.80.1520, 8-15-2005; Ord. No.
1693, § 29(18.80.1520), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1520), 7-6-2009)
Sec. 38.42.1560. Large tree.
A tree of a species which normally reaches a
height of 25 feet or more upon maturity, and usually
has a single stem.
(Ord. No. 1645, § 18.80.1530, 8-15-2005; Ord. No.
1693, § 29(18.80.1530), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1530), 7-6-2009)
Sec. 38.42.1570. Levee.
A manmade embankment, usually earthen, de-
signed and constructed in accordance with sound
engineering practices to contain, control or divert
the flow of water to provide protection from tem-
porary flooding.
(Ord. No. 1645, § 18.80.1540, 8-15-2005; Ord. No.
1693, § 29(18.80.1540), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1540), 7-6-2009)
Sec. 38.42.1580. Levee system.
A flood protection system that consists of a
levee, or levees, and associated structures, such as
drainage and closure devices, which are constructed
and operated in accordance with sound engineering
practices.
(Ord. No. 1645, § 18.80.1550, 8-15-2005; Ord. No.
1693, § 29(18.80.1550), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1550), 7-6-2009)
Sec. 38.42.1590. Light construction.
Any change not construed as an alteration or
repair, including paving of established driving and
parking areas (subject to the requirements of article
25 of this chapter); construction of patios not
greater than 120 square feet in size; construction of
§ 38.42.1590UNIFIED DEVELOPMENT CODE
CD38:355PROOFS
sidewalks not wider than five feet; and landscaping
(but not including major changes in grading or site
surface drainage).
(Ord. No. 1645, § 18.80.1560, 8-15-2005; Ord. No.
1693, § 29(18.80.1560), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1560), 7-6-2009)
Sec. 38.42.1600. Light goods repair.
Establishments primarily engaged in the provi-
sion of repair services to individuals and house-
holds as well as businesses, but excluding automo-
tive, 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 electron-
ics.
(Ord. No. 1645, § 18.80.1570, 8-15-2005; Ord. No.
1693, § 29(18.80.1570), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1570), 7-6-2009)
Sec. 38.42.1610. Light source.
A single artificial point source of light that emits
measurable radiant energy in or near the visible
spectrum.
(Ord. No. 1645, § 18.80.1580, 8-15-2005; Ord. No.
1693, § 29(18.80.1580), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1580), 7-6-2009)
Sec. 38.42.1620. Light trespass.
Light emitted by a lighting installation that
extends beyond the boundaries of the property on
which the installation is sited.
(Ord. No. 1645, § 18.80.1590, 8-15-2005; Ord. No.
1693, § 29(18.80.1590), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1590), 7-6-2009)
Sec. 38.42.1630. Limited access.
A way or means of allowing physical entrance to
land at controlled locations or points. A "no access"
strip or line may be placed on a plat as a means of
limiting access.
(Ord. No. 1645, § 18.80.1600, 8-15-2005; Ord. No.
1693, § 29(18.80.1600), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1600), 7-6-2009)
Sec. 38.42.1640. Limited access roadway.
A street or road especially designed for through
traffic, over which abutting landowners have no
right to direct access.
(Ord. No. 1645, § 18.80.1610, 8-15-2005; Ord. No.
1693, § 29(18.80.1610), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1610), 7-6-2009)
Sec. 38.42.1650. 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 wastewater and
solid waste collection and disposal.
(Ord. No. 1645, § 18.80.1620, 8-15-2005; Ord. No.
1693, § 29(18.80.1620), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1620), 7-6-2009)
Sec. 38.42.1660. Lodginghouse.
A building with not more than ten guest rooms
where lodging with or without meals is provided for
compensation to persons not meeting the definitions
of household, community residential facility, coop-
erative household, fraternity or sorority. Also re-
ferred to as a boardinghouse.
(Ord. No. 1645, § 18.80.1630, 8-15-2005; Ord. No.
1693, § 29(18.80.1630), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1630), 7-6-2009)
Sec. 38.42.1670. 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. A 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 uses
customarily incidental to them, and including the
open spaces required under this chapter, and having
its principal lot frontage on a street. When one or
more lots are held in common ownership they shall
be treated as a single lot for the purposes of
development review and evaluation of compliance
with the standards of this chapter.
(Ord. No. 1645, § 18.80.1640, 8-15-2005; Ord. No.
1693, § 29(18.80.1640), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1640), 7-6-2009)
§ 38.42.1590 BOZEMAN MUNICIPAL CODE
CD38:356PROOFS
Sec. 38.42.1680. Lot area.
The total horizontal area within the boundary
lines of a lot.
(Ord. No. 1645, § 18.80.1650, 8-15-2005; Ord. No.
1693, § 29(18.80.1650), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1650), 7-6-2009)
Sec. 38.42.1690. 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 struc-
ture which do not have exterior walls are not
included, even if it is covered by a roof.
(Ord. No. 1769, § 19(18.80.1655), 12-28-2009)
Sec. 38.42.1700. Lot measurements.
A.Lot depth.The horizontal distance of a line
measured at a right angle to the front lot line and
running between the front lot line and rear 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 line.
C.Lot frontage.The horizontal distance be-
tween the side lot lines measured at the point where
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.
D.Lot area.The total horizontal area within the
boundary lines of a lot.
(Ord. No. 1645, § 18.80.1660, 8-15-2005; Ord. No.
1693, § 29(18.80.1660), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1660), 7-6-2009)
Sec. 38.42.1710. Lot types.
A.Corner lot.Alot at a junction of, and fronting
on, two or more intersecting streets.
B.Interior lot.A lot other than a corner or
through lot.
C.Double frontage or through lot.A lot having
frontage on two parallel, or approximately parallel,
streets.
D.Reverse frontage lot.A double frontage or
through lot that is not accessible from one of the
parallel or nonintersecting streets on which it fronts.
(Ord. No. 1645, § 18.80.1670, 8-15-2005; Ord. No.
1693, § 29(18.80.1670), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1670), 7-6-2009)
Sec. 38.42.1720. 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 frontage
or through lot, a line separating the lot from the
street from which a drive access may be permitted
by the city.
(Ord. No. 1645, § 18.80.1680, 8-15-2005; Ord. No.
1693, § 29(18.80.1680), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1680), 7-6-2009)
Sec. 38.42.1730. Lot line, rear.
A 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 ten feet in length
within the lot, parallel to and at the maximum
distance from the front lot line.
(Ord. No. 1645, § 18.80.1690, 8-15-2005; Ord. No.
1693, § 29(18.80.1690), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1690), 7-6-2009)
Sec. 38.42.1740. Lot line, side.
Any lot boundary line that is not a front lot line
or a rear lot line.
(Ord. No. 1645, § 18.80.1700, 8-15-2005; Ord. No.
1693, § 29(18.80.1700), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1700), 7-6-2009)
Sec. 38.42.1750. Lot line, zero.
Aconcept utilized to permit a structure or wall of
a building to be located on a property line.
(Ord. No. 1645, § 18.80.1710, 8-15-2005; Ord. No.
1693, § 29(18.80.1710), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1710), 7-6-2009)
§ 38.42.1750UNIFIED DEVELOPMENT CODE
CD38:357PROOFS
Sec. 38.42.1760. 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.
(Ord. No. 1645, § 18.80.1720, 8-15-2005; Ord. No.
1693, § 29(18.80.1720), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1720), 7-6-2009)
Sec. 38.42.1770. Lot with residential adjacency.
A. Any of the following:
1. A 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;
2. 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, R-2, R-3,
R-4 or R-O zoning district;
3. An 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
4. 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.
(Ord. No. 1645, § 18.80.1730, 8-15-2005; Ord. No.
1693, § 29(18.80.1730), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1730), 7-6-2009)
Sec. 38.42.1780. Low-profile sign.
Afreestanding sign composed of a solid structure
between finished grade and the top of the sign.Also
referred to as a monument sign.
(Ord. No. 1645, § 18.80.1740, 8-15-2005; Ord. No.
1693, § 29(18.80.1740), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1740), 7-6-2009)
Sec. 38.42.1790. Luminaire.
A complete lighting unit consisting of a light
source and all necessary mechanical, electrical and
decorative parts; also called the lighting fixture.
(Ord. No. 1645, § 18.80.1750, 8-15-2005; Ord. No.
1693, § 29(18.80.1750), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1750), 7-6-2009)
Sec. 38.42.1800. Luminance.
The physical and measurable luminous intensity
of a surface (e.g., a lamp, luminaire, reflecting
material) in a specific area and measurable with an
illuminance meter. The quotient of the luminous
flux at an element of the surface surrounding the
point, and propagated in directions defined by an
elementary cone containing the given direction, by
the product of the solid angle of the cone 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, pass-
ing through and/or arriving at the surface.
(Ord. No. 1645, § 18.80.1760, 8-15-2005; Ord. No.
1693, § 29(18.80.1760), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1760), 7-6-2009)
Sec. 38.42.1810. Lux.
A unit of light intensity stated in lumens per
square meter. There are approximately 10.7 lux per
footcandle.
(Ord. No. 1645, § 18.80.1770, 8-15-2005; Ord. No.
1693, § 29(18.80.1770), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1770), 7-6-2009)
Sec. 38.42.1820. Manufactured home.
Afactory-built, single-household structure that is
manufactured under the authority of 42 USC § 5401,
the National Manufactured Home Construction and
Safety Standards Act, 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 recre-
ational vehicles. Any dwelling meeting the defini-
tion of modular home is not a manufactured home.
(Ord. No. 1645, § 18.80.1780, 8-15-2005; Ord. No.
1693, § 29(18.80.1780), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1780), 7-6-2009)
Sec. 38.42.1830. Manufactured home lot or
space.
A lot for rent or lease in a manufactured housing
community designated for the accommodation of
§ 38.42.1760 BOZEMAN MUNICIPAL CODE
CD38:358PROOFS
one manufactured home and its accessory buildings
or structures for the exclusive use of the occupants.
(Ord. No. 1645, § 18.80.1790, 8-15-2005; Ord. No.
1693, § 29(18.80.1790), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1790), 7-6-2009)
Sec. 38.42.1840. Manufactured home stand.
That area of a lot for rent or lease which has been
prepared for the placement of a manufactured home
in a manufactured home community.
(Ord. No. 1645, § 18.80.1800, 8-15-2005; Ord. No.
1693, § 29(18.80.1800), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1800), 7-6-2009)
Sec. 38.42.1850. Manufactured home commu-
nity.
Any piece of real property under single owner-
ship or control for which the primary purpose is the
placement of two or more manufactured homes for
permanent residential dwellings and for the produc-
tion of income. A manufactured housing commu-
nity 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.
(Ord. No. 1645, § 18.80.1810, 8-15-2005; Ord. No.
1693, § 29(18.80.1810), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1810), 7-6-2009)
Sec. 38.42.1860. Manufacturing.
The creation of products either with machinery
or by hand according to an organized plan and with
the division of labor.
(Ord. No. 1645, § 18.80.1820, 8-15-2005; Ord. No.
1693, § 29(18.80.1820), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1820), 7-6-2009)
Sec. 38.42.1870. Manufacturing, light.
Fabrication of and/or assembly of goods from
previously prepared materials.
(Ord. No. 1645, § 18.80.1830, 8-15-2005; Ord. No.
1693, § 29(18.80.1830), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1830), 7-6-2009)
Sec. 38.42.1880. Mean sea level.
The National Geodetic Vertical Datum (NGVD)
of 1929 or other datum to which base flood eleva-
tions are referenced.
(Ord. No. 1645, § 18.80.1840, 8-15-2005; Ord. No.
1693, § 29(18.80.1840), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1840), 7-6-2009)
Sec. 38.42.1890. Medical offices, clinics and cen-
ters.
An establishment where patients are admitted for
special study and treatment by licensed health care
professionals, including acupuncturists and chiro-
practors.
(Ord. No. 1645, § 18.80.1850, 8-15-2005; Ord. No.
1693, § 29(18.80.1850), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1850), 7-6-2009)
Sec. 38.42.1900. Micro-scale wireless facility.
A wireless facility less than ten feet in height
from the base to the highest point, including attach-
ments. 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.
(Ord. No. 1645, § 18.80.1860, 8-15-2005; Ord. No.
1693, § 29(18.80.1860), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1860), 7-6-2009)
Sec. 38.42.1910. Mining.
The extraction of sand, gravel or other material
from the land in the amount of 400 cubic yards or
more and the removal thereof from the site without
processing.
(Ord. No. 1645, § 18.80.1870, 8-15-2005; Ord. No.
1693, § 29(18.80.1870), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1870), 7-6-2009)
Sec. 38.42.1920. Mini-warehouse (warehouse,
residential storage).
A building or group of buildings in a controlled
access and fenced or screened compound that con-
tains relatively small storage spaces of varying sizes
and/or spaces for recreational vehicles or boats,
§ 38.42.1920UNIFIED DEVELOPMENT CODE
CD38:359PROOFS
having individual, compartmentalized and con-
trolled access for the dead storage of excess per-
sonal property of an individual or household gen-
erally stored in residential accessory structures,
when such building or group of buildings are not
located on the lot of the residence.
(Ord. No. 1645, § 18.80.1880, 8-15-2005; Ord. No.
1693, § 29(18.80.1880), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1880), 7-6-2009)
Sec. 38.42.1930. Minor subdivision.
Asubdivision that creates five or fewer lots from
a tract of record.
(Ord. No. 1645, § 18.80.1890, 8-15-2005; Ord. No.
1693, § 29(18.80.1890), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1890), 7-6-2009)
Sec. 38.42.1940. 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
definition applies only to units constructed prior to
the Federal Manufactured Housing Construction
and Safety Standards Act of 1974, which became
effective June 15, 1976. Compare with the defini-
tion of manufactured home.
(Ord. No. 1645, § 18.80.1900, 8-15-2005; Ord. No.
1693, § 29(18.80.1900), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1900), 7-6-2009)
Sec. 38.42.1950. Mobile office.
A factory assembled structure or structures ex-
ceeding eight feet in width, originally equipped
with the necessary service connections, and origi-
nally 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 founda-
tion, in compliance with all applicable state regula-
tions, whether or not the running gear has been
removed.
(Ord. No. 1645, § 18.80.1910, 8-15-2005; Ord. No.
1693, § 29(18.80.1910), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1910), 7-6-2009)
Sec. 38.42.1960. Model home.
Ahome 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.
(Ord. No. 1645, § 18.80.1920, 8-15-2005; Ord. No.
1693, § 29(18.80.1920), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1920), 7-6-2009)
Sec. 38.42.1970. Modular or sectional home.
A dwelling unit meeting the standards of the
International Building Code which was mass pro-
duced in a factory, designed and constructed for
transportation to a site for occupancy when con-
nected to the required utilities and when perma-
nently anchored to a permanent foundation, whether
intended for use as an independent, individual unit
or in combination with other units to form a larger
building, and which does not have integral wheel,
axles or hitch. For the purposes of locating a
dwelling according to the standards of this chapter
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 stan-
dards of the city's adopted International Building
Code.
(Ord. No. 1645, § 18.80.1930, 8-15-2005; Ord. No.
1693, § 29(18.80.1930), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1930), 7-6-2009)
Sec. 38.42.1980. Monument (permanent monu-
ment).
Any structure of masonry, metal or other perma-
nent material placed in the ground which is exclu-
sively identifiable as a monument to a survey point,
expressly placed for surveying reference.
(Ord. No. 1645, § 18.80.1940, 8-15-2005; Ord. No.
1693, § 29(18.80.1940), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1940), 7-6-2009)
Sec. 38.42.1990. Natural environment.
The physical conditions which exist within a
given area, including land, water, mineral, flora,
fauna, noise, light, and objects of historic or aes-
thetic significance.
(Ord. No. 1645, § 18.80.1950, 8-15-2005; Ord. No.
1693, § 29(18.80.1950), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1950), 7-6-2009)
§ 38.42.1920 BOZEMAN MUNICIPAL CODE
CD38:360PROOFS
Sec. 38.42.2000. Neighborhood commercial cen-
ter.
Commercial uses oriented at serving the needs of
neighborhoods. These areas are typified by smaller
scale shops and services, and a high level of
pedestrian, bicycle and transit opportunities. Neigh-
borhood commercial centers are 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 clas-
sification are daycares, smaller scale groceries,
bakeries, coffee shops, retail stores, small restau-
rants, offices and residences above other uses.
(Ord. No. 1645, § 18.80.1960, 8-15-2005; Ord. No.
1693, § 29(18.80.1960), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1960), 7-6-2009)
Sec. 38.42.2010. Neighborhood conservation
overlay district.
An area designated as the neighborhood conser-
vation overlay district on the city zoning map
pursuant to the procedures set forth herein.
(Ord. No. 1645, § 18.80.1970, 8-15-2005; Ord. No.
1693, § 29(18.80.1970), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1970), 7-6-2009)
Sec. 38.42.2020. 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 build-
ings 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 = Total 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 ease-
ments, or common open spaces (acres)
(Ord. No. 1645, § 18.80.1980, 8-15-2005; Ord. No.
1761, exh. R(18.80.1980), 7-6-2009)
Sec. 38.42.2030. New construction.
Development commenced on or after the effec-
tive date of the ordinance from which this chapter is
derived.
(Ord. No. 1645, § 18.80.1990, 8-15-2005; Ord. No.
1693, § 29(18.80.1990), 2-20-2007; Ord. No. 1761,
exh. R(18.80.1990), 7-6-2009)
Sec. 38.42.2040. Nonbroadcast telecommunica-
tion facility.
A facility used for the transmission or enhance-
ment of telecommunications which does not include
the presence of antennas, as defined in this chapter.
Anonbroadcast telecommunication facility does not
include office use, materials storage or other similar
uses.
(Ord. No. 1645, § 18.80.2000, 8-15-2005; Ord. No.
1693, § 29(18.80.2000), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2000), 7-6-2009)
Sec. 38.42.2050. Noncanopy tree.
A large tree which in its native state has at
maturity canopy vegetation less than six feet above
the ground.
(Ord. No. 1645, § 18.80.2010, 8-15-2005; Ord. No.
1693, § 29(18.80.2010), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2010), 7-6-2009)
Sec. 38.42.2060. Noncommercial speech.
Any sign wording, logo or other representation
that does not directly or indirectly name, advertise
or call attention to a business, product, service or
other commercial activity.
(Ord. No. 1645, § 18.80.2020, 8-15-2005; Ord. No.
1693, § 29(18.80.2020), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2020), 7-6-2009)
§ 38.42.2060UNIFIED DEVELOPMENT CODE
CD38:361PROOFS
Sec. 38.42.2070. Nonconforming sign.
A sign that does not conform to the provisions of
article 28 of this chapter.
(Ord. No. 1645, § 18.80.2030, 8-15-2005; Ord. No.
1693, § 29(18.80.2030), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2030), 7-6-2009)
Sec. 38.42.2080. Nonconforming structure.
Any structure which was legal prior to the
effective date of the ordinance from which this
article is derived which fails to comply with the
building location standards, and/or size require-
ments of the applicable zone of this chapter in
which it is located.
(Ord. No. 1645, § 18.80.2040, 8-15-2005; Ord. No.
1693, § 29(18.80.2040), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2040), 7-6-2009)
Sec. 38.42.2090. Nonconforming use.
An existing use of land or building which was
legal prior to the effective date of the ordinance
from which this chapter is derived but which fails to
comply with the requirements set forth in this
chapter applicable to the zone in which such use is
located.
(Ord. No. 1645, § 18.80.2050, 8-15-2005; Ord. No.
1693, § 29(18.80.2050), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2050), 7-6-2009)
Sec. 38.42.2100. Noxious matter or material.
Material capable of causing injury to living
organisms by chemical reaction or capable of caus-
ing detrimental effects on the physical or economic
well-being of individuals.
(Ord. No. 1645, § 18.80.2060, 8-15-2005; Ord. No.
1693, § 29(18.80.2060), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2060), 7-6-2009)
Sec. 38.42.2110. Nursing home.
An extended or intermediate care facility li-
censed or approved to provide full-time convales-
cent or chronic care to individuals who, by reason
of advanced age, chronic illness or infirmity, are
unable to care for themselves.
(Ord. No. 1645, § 18.80.2070, 8-15-2005; Ord. No.
1693, § 29(18.80.2070), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2070), 7-6-2009)
Sec. 38.42.2120. Nursery, plant.
Facilities for commercial development, growth
and sale of plants and/or for the utilization of and
storage of equipment for landscaping operation and
wholesale and/or retail or commercial gardening
supplies.
(Ord. No. 1645, § 18.80.2080, 8-15-2005; Ord. No.
1693, § 29(18.80.2080), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2080), 7-6-2009)
Sec. 38.42.2130. Off-premises 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.
(Ord. No. 1645, § 18.80.2090, 8-15-2005; Ord. No.
1693, § 29(18.80.2090), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2090), 7-6-2009)
Sec. 38.42.2140. Offices.
Buildings or portions of buildings in which
commercial activities take place but where goods
are not produced, sold or repaired. These include
but are not limited to general and professional
offices; governmental offices; insurance offices;
real estate offices; taxicab offices (but not taxi
stands); travel agency or transportation ticket of-
fices; telephone exchange; utility offices; radio
broadcasting and similar uses.
(Ord. No. 1645, § 18.80.2100, 8-15-2005; Ord. No.
1693, § 29(18.80.2100), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2100), 7-6-2009)
Sec. 38.42.2150. Official floodplain maps.
Thefloodinsuranceratemapsandfloodboundary/
floodway maps provided by FEMA for the city
dated July 15, 1988 and incorporating any approved
updates or revisions.
(Ord. No. 1645, § 18.80.2110, 8-15-2005; Ord. No.
1693, § 29(18.80.2110), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2110), 7-6-2009)
§ 38.42.2070 BOZEMAN MUNICIPAL CODE
CD38:362PROOFS
Sec. 38.42.2160. 100-year flood.
A flood having a one percent chance of being
equalled or exceeded in any given year. A 100-year
flood is the same as a base flood.
(Ord. No. 1645, § 18.80.2120, 8-15-2005; Ord. No.
1693, § 29(18.80.2120), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2120), 7-6-2009)
Sec. 38.42.2170. 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.
(Ord. No. 1645, § 18.80.2130, 8-15-2005; Ord. No.
1693, § 29(18.80.2130), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2130), 7-6-2009)
Sec. 38.42.2180. Open space.
A land or water area devoid of buildings and
other physical structures except where accessory to
the provision of recreation, including but not lim-
itedtobenches,picnictablesandinterpretivesignage.
(Ord. No. 1645, § 18.80.2140, 8-15-2005; Ord. No.
1693, § 29(18.80.2140), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2140), 7-6-2009)
Sec. 38.42.2190. Open space, usable.
That space which is capable of being used by the
public for recreation, relaxation and social pur-
poses. Parking lots and perimeter landscaping are
specifically excluded from this definition of usable
open space, except as allowed by section 38.20.090.
(Ord. No. 1645, § 18.80.2150, 8-15-2005; Ord. No.
1693, § 29(18.80.2150), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2150), 7-6-2009)
Sec. 38.42.2200. Ordinary high-water mark.
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. Charac-
teristics 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. A
floodplain adjacent to surface waters is not consid-
ered to lie within the surface water's high-water
marks.
(Ord. No. 1645, § 18.80.2160, 8-15-2005; Ord. No.
1693, § 29(18.80.2160), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2160), 7-6-2009)
Sec. 38.42.2210. 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.
(Ord. No. 1645, § 18.80.2170, 8-15-2005; Ord. No.
1693, § 29(18.80.2170), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2170), 7-6-2009)
Sec. 38.42.2220. Parapet.
That part of the wall which extends above the
roof. For the purposes of this chapter relating to
signage, the top of the parapet shall be considered to
be the roofline.
(Ord. No. 1645, § 18.80.2180, 8-15-2005; Ord. No.
1693, § 29(18.80.2180), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2180), 7-6-2009)
Sec. 38.42.2230. Park.
For the purposes of this chapter only, park means
an open space, as defined in this chapter, under the
ownership or other legal control of the city which
provides area for active and passive recreational
purposes.
(Ord. No. 1645, § 18.80.2185, 8-15-2005; Ord. No.
1693, § 29(18.80.2185), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2185), 7-6-2009)
Sec. 38.42.2240. Parking area.
An area, other than a street or alley designated
for use, or used, for temporary parking of vehicles.
(Ord. No. 1645, § 18.80.2190, 8-15-2005; Ord. No.
1693, § 29(18.80.2190), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2190), 7-6-2009)
§ 38.42.2240UNIFIED DEVELOPMENT CODE
CD38:363PROOFS
Sec. 38.42.2250. 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.
(Ord. No. 1645, § 18.80.2200, 8-15-2005; Ord. No.
1693, § 29(18.80.2200), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2200), 7-6-2009)
Sec. 38.42.2260. Party wall.
Any 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 Interna-
tional Building Code.
(Ord. No. 1645, § 18.80.2210, 8-15-2005; Ord. No.
1693, § 29(18.80.2210), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2210), 7-6-2009)
Sec. 38.42.2270. Pathway.
A facility that accommodates the recreational
and/or transportation needs of pedestrians and bi-
cyclists, including sidewalks, bike lanes, boulevard
trails and trails.
(Ord. No. 1645, § 18.80.2220, 8-15-2005; Ord. No.
1693, § 29(18.80.2220), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2220), 7-6-2009)
Sec. 38.42.2280. Paved parking space or sur-
face.
An area covered by an impervious dustfree
surface of asphalt or concrete designed to specifi-
cations of the city engineer.
(Ord. No. 1645, § 18.80.2230, 8-15-2005; Ord. No.
1693, § 29(18.80.2230), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2230), 7-6-2009)
Sec. 38.42.2290. 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.
(Ord. No. 1645, § 18.80.2240, 8-15-2005; Ord. No.
1693, § 29(18.80.2240), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2240), 7-6-2009)
Sec. 38.42.2300. Permeable pavement.
A paving material that permits water penetration
to a soil depth of 18 inches or more. Permeable
pavement may consist of nonporous surface mate-
rials 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.
(Ord. No. 1645, § 18.80.2250, 8-15-2005; Ord. No.
1693, § 29(18.80.2250), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2250), 7-6-2009)
Sec. 38.42.2310. Permitted use.
A use which is lawfully established in a partic-
ular district and which conforms to all require-
ments, regulations and performance standards of
such district. A permitted use may be a principal
use, an accessory use or a conditional use.
(Ord. No. 1645, § 18.80.2260, 8-15-2005; Ord. No.
1693, § 29(18.80.2260), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2260), 7-6-2009)
Sec. 38.42.2320. Personal and convenience ser-
vices.
Businesses offering services such as barber-
shops, 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.
(Ord. No. 1645, § 18.80.2270, 8-15-2005; Ord. No.
1693, § 29(18.80.2270), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2270), 7-6-2009)
Sec. 38.42.2330. Personal property.
Property, other than real property, consisting of
things temporal and movable.
(Ord. No. 1645, § 18.80.2280, 8-15-2005; Ord. No.
1693, § 29(18.80.2280), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2280), 7-6-2009)
§ 38.42.2250 BOZEMAN MUNICIPAL CODE
CD38:364PROOFS
Sec. 38.42.2340. 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.
(Ord. No. 1645, § 18.80.2290, 8-15-2005; Ord. No.
1693, § 29(18.80.2290), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2290), 7-6-2009)
Sec. 38.42.2350. Planned unit development
(PUD).
A land development project consisting of resi-
dential 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 park land.
(Ord. No. 1645, § 18.80.2300, 8-15-2005; Ord. No.
1693, § 29(18.80.2300), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2300), 7-6-2009)
Sec. 38.42.2360. Planning board.
The Bozeman Planning Board.
(Ord. No. 1645, § 18.80.2310, 8-15-2005; Ord. No.
1693, § 29(18.80.2310), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2310), 7-6-2009)
Sec. 38.42.2370. Planning department.
The Bozeman Department of Planning and Com-
munity Development.
(Ord. No. 1645, § 18.80.2320, 8-15-2005; Ord. No.
1693, § 29(18.80.2320), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2320), 7-6-2009)
Sec. 38.42.2380. Planning director.
The director of the Bozeman Department of
Planning and Community Development and the
person charged with the administration of this
chapter unless otherwise specifically noted in this
chapter.
(Ord. No. 1645, § 18.80.2330, 8-15-2005; Ord. No.
1693, § 29(18.80.2330), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2330), 7-6-2009)
Sec. 38.42.2390. Plat.
Agraphical representation of a subdivision show-
ing the division of land into lots, parcels, blocks,
streets, alleys, and other divisions and dedications.
(Ord. No. 1645, § 18.80.2340, 8-15-2005; Ord. No.
1693, § 29(18.80.2340), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2340), 7-6-2009)
Sec. 38.42.2400. Plaza.
An area generally open to the public on a
controlled basis and used principally for passive
recreational activities and relaxation. Plazas are
paved areas typically providing amenities such as
seating, drinking and ornamental fountains, art,
trees and landscaping for use by pedestrians.
(Ord. No. 1645, § 18.80.2350, 8-15-2005; Ord. No.
1693, § 29(18.80.2350), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2350), 7-6-2009)
Sec. 38.42.2410. Pole sign.
A freestanding sign which is supported by a
column or other structural member that is perma-
nently attached to the ground, or a ground-mounted
structure and provides a minimum of eight feet of
visible, vertical clearance between the bottom of the
sign and finished grade.
(Ord. No. 1645, § 18.80.2360, 8-15-2005; Ord. No.
1693, § 29(18.80.2360), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2360), 7-6-2009)
Sec. 38.42.2420. Portable sign.
Any sign not permanently attached to the ground
or other permanent structure, or a sign designed to
be transported, including, but not limited to, signs
designed to be transported by means of wheels;
signs converted to A- or T-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 day-to-day operations
of the business.
(Ord. No. 1645, § 18.80.2370, 8-15-2005; Ord. No.
1693, § 29(18.80.2370), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2370), 7-6-2009)
§ 38.42.2420UNIFIED DEVELOPMENT CODE
CD38:365PROOFS
Sec. 38.42.2430. Preservation board.
The Bozeman Historic Preservation Advisory
Board.
(Ord. No. 1645, § 18.80.2380, 8-15-2005; Ord. No.
1693, § 29(18.80.2380), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2380), 7-6-2009)
Sec. 38.42.2440. Primary access.
The major access to a subdivision. The major
access generally carries the most traffic as deter-
mined by the traffic engineering study.
(Ord. No. 1645, § 18.80.2390, 8-15-2005; Ord. No.
1693, § 29(18.80.2390), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2390), 7-6-2009)
Sec. 38.42.2450. Principal use.
A use or structure which determines the predom-
inant 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.
(Ord. No. 1645, § 18.80.2400, 8-15-2005; Ord. No.
1693, § 29(18.80.2400), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2400), 7-6-2009)
Sec. 38.42.2460. Private street.
A right-of-way usable by the public but main-
tained by a property owners association.
(Ord. No. 1645, § 18.80.2410, 8-15-2005; Ord. No.
1693, § 29(18.80.2410), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2410), 7-6-2009)
Sec. 38.42.2470. Projecting sign.
Any sign affixed to a building or wall in such a
manner that its leading edge extends more than six
inches beyond the surface of such building or wall
and is perpendicular to such building or wall.
(Ord. No. 1645, § 18.80.2420, 8-15-2005; Ord. No.
1693, § 29(18.80.2420), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2420), 7-6-2009)
Sec. 38.42.2480. Proper access.
Either an improved public street or road, main-
tained by the city, county or state; or a street or road
built to the standards provided in these regulations.
(Ord. No. 1645, § 18.80.2430, 8-15-2005; Ord. No.
1693, § 29(18.80.2430), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2430), 7-6-2009)
Sec. 38.42.2490. 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.
(Ord. No. 1645, § 18.80.2440, 8-15-2005; Ord. No.
1693, § 29(18.80.2440), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2440), 7-6-2009)
Sec. 38.42.2500. Property owners association.
An association incorporated or not incorporated,
combiningindividualpropertyownershipwithshared
use or ownership of common property or facilities,
or shared maintenance of subdivision or community
facilities. This definition includes condominium
associations.
(Ord. No. 1645, § 18.80.2450, 8-15-2005; Ord. No.
1693, § 29(18.80.2450), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2450), 7-6-2009)
Sec. 38.42.2510. Public building.
A building, supported by government funds, to
be used in an official capacity on behalf of the entire
community.
(Ord. No. 1645, § 18.80.2460, 8-15-2005; Ord. No.
1693, § 29(18.80.2460), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2460), 7-6-2009)
Sec. 38.42.2520. Public health and safety.
A condition of optimal well-being, free from
danger or injury, for a community at large, not
merely for an individual or small group of persons.
(Ord. No. 1645, § 18.80.2470, 8-15-2005; Ord. No.
1693, § 29(18.80.2470), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2470), 7-6-2009)
§ 38.42.2430 BOZEMAN MUNICIPAL CODE
CD38:366PROOFS
Sec. 38.42.2530. Public improvement.
Any 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,
sewage disposal and drainage.
(Ord. No. 1645, § 18.80.2480, 8-15-2005; Ord. No.
1693, § 29(18.80.2480), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2480), 7-6-2009)
Sec. 38.42.2540. Public street or road.
A street or road for which the right-of-way has
been dedicated to the public.
(Ord. No. 1645, § 18.80.2490, 8-15-2005; Ord. No.
1693, § 29(18.80.2490), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2490), 7-6-2009)
Sec. 38.42.2550. Real property.
Property consisting of buildings and/or land.
(Ord. No. 1645, § 18.80.2500, 8-15-2005; Ord. No.
1693, § 29(18.80.2500), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2500), 7-6-2009)
Sec. 38.42.2560. 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 chapter between the
rear property line and the rear building line.
(Ord. No. 1645, § 18.80.2510, 8-15-2005; Ord. No.
1693, § 29(18.80.2510), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2510), 7-6-2009)
Sec. 38.42.2570. Recreational vehicle.
A vehicular-type portable structure without per-
manent foundation, which is built on a single
chassis; which is designed to be self-propelled or
permanently towable by a light-duty truck; primar-
ily designed as temporary living accommodations
for recreational, camping and travel use and includ-
ing, but not limited to, travel trailers, truck campers,
camping trailers and self-propelled motor homes
less than eight feet in width and 50 feet in length.
(Ord. No. 1645, § 18.80.2520, 8-15-2005; Ord. No.
1693, § 29(18.80.2520), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2520), 7-6-2009)
Sec. 38.42.2580. Recreational vehicle park.
A plot of ground upon which two or more sites
are located, established or maintained for occu-
pancy by the general public as temporary living
quarters for travel, recreation or vacation purposes.
(Ord. No. 1645, § 18.80.2530, 8-15-2005; Ord. No.
1693, § 29(18.80.2530), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2530), 7-6-2009)
Sec. 38.42.2590. Recreational vehicle space.
A 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.
(Ord. No. 1645, § 18.80.2540, 8-15-2005; Ord. No.
1693, § 29(18.80.2540), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2540), 7-6-2009)
Sec. 38.42.2600. Relocation.
Any movement of a structure, on the same site or
to another site.
(Ord. No. 1645, § 18.80.2550, 8-15-2005; Ord. No.
1693, § 29(18.80.2550), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2550), 7-6-2009)
Sec. 38.42.2610. Repair.
Any change not otherwise construed as light
construction or an alteration, as defined in this
article, that constitutes replacing broken, worn or
damaged materials with like, not necessarily iden-
tical, materials and is insignificant to the size and
condition of the structure or property. Repainting
and reroofing shall be included under this definition
of repair.
(Ord. No. 1645, § 18.80.2560, 8-15-2005; Ord. No.
1693, § 29(18.80.2560), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2560), 7-6-2009)
Sec. 38.42.2620. Required front building line.
The line nearest to the front and across a lot
establishing the minimum open space to be pro-
§ 38.42.2620UNIFIED DEVELOPMENT CODE
CD38:367PROOFS
vided between the front line of a building and the
front lot line. See also the definition of "setback
line."
(Ord. No. 1645, § 18.80.2570, 8-15-2005; Ord. No.
1693, § 29(18.80.2570), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2570), 7-6-2009)
Sec. 38.42.2630. Required rear building line.
The line nearest to the rear and across a lot
establishing the minimum open space to be pro-
vided between the rear line of a building and the
rear lot line. See also definition of "setback line."
(Ord. No. 1645, § 18.80.2580, 8-15-2005; Ord. No.
1693, § 29(18.80.2580), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2580), 7-6-2009)
Sec. 38.42.2640. Required side building line.
The line nearest to the side and extending be-
tween the required front building line and required
rear building line establishing the minimum open
space to be provided between the side line of a
building and the side lot line. See also the definition
of "setback line."
(Ord. No. 1645, § 18.80.2590, 8-15-2005; Ord. No.
1693, § 29(18.80.2590), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2590), 7-6-2009)
Sec. 38.42.2650. Required yard.
The minimum dimension of a front, side or rear
yard as established by the use regulations for each
district.
(Ord. No. 1645, § 18.80.2600, 8-15-2005; Ord. No.
1693, § 29(18.80.2600), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2600), 7-6-2009)
Sec. 38.42.2660. Restaurant.
Any restaurant (except a drive-in restaurant or a
convenience food restaurant as defined in this
article), coffee shop, cafeteria, short-order
caf[e92c20]luncheonette, sandwich stand, drug-
store and soda fountain serving food.
(Ord. No. 1645, § 18.80.2610, 8-15-2005; Ord. No.
1693, § 29(18.80.2610), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2610), 7-6-2009)
Sec. 38.42.2670. Retail.
The rental or sale of tangible personal property
for any purpose other than for resale.
(Ord. No. 1645, § 18.80.2620, 8-15-2005; Ord. No.
1693, § 29(18.80.2620), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2620), 7-6-2009)
Sec. 38.42.2680. 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.
(Ord. No. 1645, § 18.80.2630, 8-15-2005; Ord. No.
1693, § 29(18.80.2630), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2630), 7-6-2009)
Sec. 38.42.2690. Revolving sign.
Any sign which all, or a portion of, mechanically
rotates either on an intermittent or constant basis
around a central axis.
(Ord. No. 1645, § 18.80.2640, 8-15-2005; Ord. No.
1693, § 29(18.80.2640), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2640), 7-6-2009; Ord. No. 1780,
§ 4(18.80.2640), 3-22-2010)
Sec. 38.42.2700. Ridgeline.
A 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 hydro-
logic dividing line between two or more drainage
areas.
(Ord. No. 1645, § 18.80.2650, 8-15-2005; Ord. No.
1693, § 29(18.80.2650), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2650), 7-6-2009)
Sec. 38.42.2710. Ridgeline protection area.
A. A ridgeline protection area is the area within
150 feet horizontal feet of a ridgeline, measured
perpendicular to the ridgeline when the ridgeline is:
1. Located in an area above 4,900 feet in
elevation above mean sea level; and
§ 38.42.2620 BOZEMAN MUNICIPAL CODE
CD38:368PROOFS
2. When the elevation of a line parallel to the
ridgeline loses either:
a. At least ten feet in vertical elevation
on both sides of the ridgeline within
100 feet; or
b. At least 30 feet in vertical elevation
on both sides of the ridgeline within
300 feet;
c. 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.
(Ord. No. 1645, § 18.80.2660, 8-15-2005; Ord. No.
1693, § 29(18.80.2660), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2660), 7-6-2009)
Sec. 38.42.2720. Right-of-way.
A linear public way established or dedicated for
public purposes by duly recorded plat, deed, ease-
ment, grant, prescription, condemnation, govern-
mental authority or by operation of the law and
intended to be occupied by a street, crosswalk,
railroad, electric transmission lines, water line,
sanitary sewer line, storm sewer line or other
similar uses.
(Ord. No. 1645, § 18.80.2670, 8-15-2005; Ord. No.
1693, § 29(18.80.2670), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2670), 7-6-2009)
Sec. 38.42.2730. 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 from back-of-curb to back-of-curb.
(Ord. No. 1645, § 18.80.2680, 8-15-2005; Ord. No.
1693, § 29(18.80.2680), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2680), 7-6-2009)
Sec. 38.42.2740. 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
article, architecturally integrated mansard signs and
other architecturally integrated signs located below
the principal roofline shall be classified as wall
signs.
(Ord. No. 1645, § 18.80.2690, 8-15-2005; Ord. No.
1693, § 29(18.80.2690), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2690), 7-6-2009)
Sec. 38.42.2750. School.
A. 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 fur-
nishing 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 by or under the
sponsorship of a religious or charitable
organization; or
5. Private school when not conducted as a
commercial enterprise for the profit of in-
dividual owners or stockholders.
(Ord. No. 1645, § 18.80.2700, 8-15-2005; Ord. No.
1693, § 29(18.80.2700), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2700), 7-6-2009)
Sec. 38.42.2760. 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).
(Ord. No. 1645, § 18.80.2710, 8-15-2005; Ord. No.
1693, § 29(18.80.2710), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2710), 7-6-2009)
§ 38.42.2760UNIFIED DEVELOPMENT CODE
CD38:369PROOFS
Sec. 38.42.2770. 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.
(Ord. No. 1645, § 18.80.2720, 8-15-2005; Ord. No.
1693, § 29(18.80.2720), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2720), 7-6-2009)
Sec. 38.42.2780. Secondorsubsequentfrontyard
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.
(Ord. No. 1645, § 18.80.2730, 8-15-2005; Ord. No.
1693, § 29(18.80.2730), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2730), 7-6-2009)
Sec. 38.42.2790. Setback.
The distance from the property line to the nearest
part of the applicable building, structure or sign,
measured perpendicularly to the property line.
(Ord. No. 1645, § 18.80.2740, 8-15-2005; Ord. No.
1693, § 29(18.80.2740), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2740), 7-6-2009)
Sec. 38.42.2800. Setback line.
That line that is the required minimum distance
from the street right-of-way or public access ease-
ment line or any other lot line that establishes the
area within which structures must be placed, as
specified in this chapter.
(Ord. No. 1645, § 18.80.2750, 8-15-2005; Ord. No.
1693, § 29(18.80.2750), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2750), 7-6-2009)
Sec. 38.42.2810. Sewer, public.
Any sanitary sewer line owned and maintained
by the city, whether or not installed by the city.
(Ord. No. 1645, § 18.80.2760, 8-15-2005; Ord. No.
1693, § 29(18.80.2760), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2760), 7-6-2009)
Sec. 38.42.2820. Shared access.
A fixed automotive and pedestrian access loca-
tion from a street to two or more adjoining proper-
ties which mutually have the right and ability to use
the access, and which has been established by an
easement or other legally binding means.
(Ord. No. 1645, § 18.80.2770, 8-15-2005; Ord. No.
1693, § 29(18.80.2770), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2770), 7-6-2009)
Sec. 38.42.2830. Shopping mall.
A multitenant retail structure where tenants are
located on both sides of a covered walkway with
direct pedestrian access to all establishments from
the walkway.
(Ord. No. 1645, § 18.80.2780, 8-15-2005; Ord. No.
1693, § 29(18.80.2780), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2780), 7-6-2009)
Sec. 38.42.2840. Sign.
Any device, fixture, placard or structure that uses
any color, form, graphic, illumination, symbol or
writing to advertise, announce the purpose of, or
identify the purpose of a person or entity, or to
communicate information of any kind to the public.
(Ord. No. 1645, § 18.80.2790, 8-15-2005; Ord. No.
1693, § 29(18.80.2790), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2790), 7-6-2009)
Sec. 38.42.2850. Side yard.
A yard extending between the front building line
and the rear building line, the width of which is the
least distance between the side lot line and the
nearest part of the principal building.
(Ord. No. 1645, § 18.80.2800, 8-15-2005; Ord. No.
1693, § 29(18.80.2800), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2800), 7-6-2009)
§ 38.42.2770 BOZEMAN MUNICIPAL CODE
CD38:370PROOFS
Sec. 38.42.2860. Site plan.
Ascale 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 chap-
ter.
(Ord. No. 1645, § 18.80.2810, 8-15-2005; Ord. No.
1693, § 29(18.80.2810), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2810), 7-6-2009)
Sec. 38.42.2870. Small-scale wireless facility.
A wireless facility less than 25 feet in height
from the base to the highest point including attach-
ments. Examples of supporting structures are mono-
poles, self-supporting (lattice) towers, guy-wire sup-
ported 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 def-
inition of a micro-scale wireless facility. Some
illustrated examples of locations for possible small-
scale wireless facilities are shown in Appendix A to
this chapter.
(Ord. No. 1645, § 18.80.2820, 8-15-2005; Ord. No.
1693, § 29(18.80.2820), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2820), 7-6-2009)
Sec. 38.42.2880. Small tree.
A tree of a species which normally reaches a
height of less than 25 feet upon maturity.
(Ord. No. 1645, § 18.80.2830, 8-15-2005; Ord. No.
1693, § 29(18.80.2830), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2830), 7-6-2009)
Sec. 38.42.2890. Soil.
A medium in which plants will grow.
(Ord. No. 1645, § 18.80.2840, 8-15-2005; Ord. No.
1693, § 29(18.80.2840), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2840), 7-6-2009)
Sec. 38.42.2900. 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.
(Ord. No. 1645, § 18.80.2850, 8-15-2005; Ord. No.
1693, § 29(18.80.2850), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2850), 7-6-2009)
Sec. 38.42.2910. Square.
Open space that may encompass an entire block,
is located at the intersection of important streets,
and is set aside for civic purposes, and consists of
paved walks, lawns, trees and civic buildings.
(Ord. No. 1645, § 18.80.2860, 8-15-2005; Ord. No.
1693, § 29(18.80.2860), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2860), 7-6-2009)
Sec. 38.42.2920. Stable, commercial.
Any building or complex of buildings and pas-
tures which is designed, arranged, used or intended
to be used for equestrian purposes, where less than
75 percent of the capacity is for the use of the owner
or resident of the property. A public stable is an
agricultural activity.
(Ord. No. 1645, § 18.80.2870, 8-15-2005; Ord. No.
1693, § 29(18.80.2870), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2870), 7-6-2009)
Sec. 38.42.2930. 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 in
area.
(Ord. No. 1645, § 18.80.2880, 8-15-2005; Ord. No.
1693, § 29(18.80.2880), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2880), 7-6-2009)
Sec. 38.42.2940. Start of construction.
The commencement of clearing, grading, filling
or excavating to prepare a site for construction.
(Ord. No. 1645, § 18.80.2890, 8-15-2005; Ord. No.
1693, § 29(18.80.2890), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2890), 7-6-2009)
§ 38.42.2940UNIFIED DEVELOPMENT CODE
CD38:371PROOFS
Sec. 38.42.2950. 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 accom-
plished through visual screening, use of color or
encasement of the facility within an existing struc-
ture such as a steeple.Astealth installation may also
include the placement of a new structure to contain
the facility so long as the new structure complies
with the height, setback and other requirements of
the zoning code or is otherwise exempt from those
requirements.
(Ord. No. 1645, § 18.80.2900, 8-15-2005; Ord. No.
1693, § 29(18.80.2900), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2900), 7-6-2009)
Sec. 38.42.2960. Street.
A right-of-way, dedicated or otherwise legally
established, for public use by motorized and
nonmotorized vehicles and pedestrians, usually af-
fording the principal means of access to abutting
property.
(Ord. No. 1645, § 18.80.2910, 8-15-2005; Ord. No.
1693, § 29(18.80.2100), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2910), 7-6-2009)
Sec. 38.42.2970. Street frontage.
Any property line separating a lot from a street
other than an alley; the front lot line.
(Ord. No. 1645, § 18.80.2920, 8-15-2005; Ord. No.
1693, § 29(18.80.2920), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2920), 7-6-2009)
Sec. 38.42.2980. Street, public.
Any street which has been dedicated to or is
otherwise publicly owned. Any street not a public
street shall be deemed a private street.
(Ord. No. 1645, § 18.80.2930, 8-15-2005; Ord. No.
1693, § 29(18.80.2930), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2930), 7-6-2009)
Sec. 38.42.2990. Street types.
A. For the purposes of these regulations, street
types are defined as follows:
1.Alley.A street used primarily for vehicular
access to the rear of properties which abut
and are served by public or private streets.
2.Arterial.Astreet 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.
Arterial streets are generally designated in
the city transportation plan, however, streets
not depicted in the city transportation plan
may be designated as arterials by the city
engineer.
a.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 area, as well as most
through traffic bypassing the central
business district, utilize principal arte-
rials. Significant intra-area travel, such
as between central business districts
and outlying residential areas, and
between major suburban centers, are
served by major arterials.
b.Minor arterial.Interconnects with and
augments the urban principal arterial
system. It accommodates trips of mod-
erate length and at a somewhat lower
level of travel mobility than principal
arterials, and it distributes travel to
smaller geographic areas. With an em-
phasis on traffic mobility, this street
network includes all arterials not clas-
sified as principal arterials while pro-
viding access to adjacent lands. Minor
arterials typically carry 5,000 to 15,000
vehicles per day.
3.Collector.A street or road that provides
equal priority to the movement of traffic,
and to the access of residential, business
and industrial areas. This type of roadway
differs from those of the arterial system in
§ 38.42.2950 BOZEMAN MUNICIPAL CODE
CD38:372PROOFS
that the facilities on the collector system
may traverse residential neighborhoods.The
system distributes trips from the arterials to
ultimate destinations. The collector streets
also collect traffic from local streets in the
residential neighborhoods, channeling it into
the arterial system. Collectors typically carry
2,000 to 10,000 vehicles per day. Collector
streets are typically designated in the city
transportation plan, however, additional
streets may be designated as collectors by
the city engineer.
4.Cul-de-sac.A street having only one outlet
for vehicular traffic and terminating in a
turnaround area.
5.Dead-end street.A street having only one
outlet for vehicular traffic.
6.Half-street.A portion of the width of a
street, usually along the outside perimeter
of a subdivision, where the remaining por-
tion of the street must be located on adja-
cent property.
7.Local streets.A street having the primary
purpose of permitting access to abutting
lands and connections to higher systems.
Generally, service to higher speed traffic
movements are intentionally discouraged.
They typically carry 1,000 to 3,000 vehi-
cles per day but can carry in excess of
6,000.
8.Loop.A local street which begins and ends
on the same street, generally used for ac-
cess to properties and to control traffic
access to arterials or collectors.
(Ord. No. 1645, § 18.80.2940, 8-15-2005; Ord. No.
1693, § 29(18.80.2940), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2940), 7-6-2009)
Sec. 38.42.3000. Structure.
Anything constructed or erected which requires
location on the ground; and for the purposes of
floodplain review anything which may impede,
retard or alter the pattern of flow of water in a
floodplain.
(Ord. No. 1645, § 18.80.2950, 8-15-2005; Ord. No.
1693, § 29(18.80.2950), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2950), 7-6-2009)
Sec. 38.42.3010. Structural alteration.
Any change in the supporting members of a
building, such as bearing walls or partitions, col-
umns, beams or girders, or any change in the
exterior walls or the roof.
(Ord. No. 1645, § 18.80.2960, 8-15-2005; Ord. No.
1693, § 29(18.80.2960), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2960), 7-6-2009)
Sec. 38.42.3020. Subdivider.
Any person, firm, corporation or other entity
who causes land to be subdivided or who proposes
a subdivision of land.
(Ord. No. 1645, § 18.80.2970, 8-15-2005; Ord. No.
1693, § 29(18.80.2970), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2970), 7-6-2009)
Sec. 38.42.3030. Subdivision.
A division of land or land so divided that it
creates one or more 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 conveyed, and shall include any
resubdivision, and shall further include any condo-
minium or area, regardless of its size, that provides
or will provide multiple space for recreational
camping vehicles or manufactured homes. A subdi-
vision shall comprise only 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 have been segregated from the
original tract, and the plat thereof shall show all
such parcels whether contiguous or not.
(Ord. No. 1645, § 18.80.2980, 8-15-2005; Ord. No.
1693, § 29(18.80.2980), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2980), 7-6-2009)
§ 38.42.3030UNIFIED DEVELOPMENT CODE
CD38:373PROOFS
Sec. 38.42.3040. Subdivisionordevelopmentcon-
struction yard.
A temporary office and/or vehicular and material
storage yard.
(Ord. No. 1645, § 18.80.2990, 8-15-2005; Ord. No.
1693, § 29(18.80.2990), 2-20-2007; Ord. No. 1761,
exh. R(18.80.2990), 7-6-2009)
Sec. 38.42.3050. 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 the county's last equal-
ized assessment roll.
(Ord. No. 1645, § 18.80.3000, 8-15-2005; Ord. No.
1693, § 29(18.80.3000), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3000), 7-6-2009)
Sec. 38.42.3060. Substantial improvement.
A. 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:
1. Before the improvement or repair is started;
or
2. If the structure has been damaged, and is
being restored, before the damage occurred.
For the purposes of this definition, substan-
tial improvement is considered to occur
when the first construction to any wall,
ceiling, floor or other structural part of the
building commences. The term "substantial
improvement" does not include:
a. Any project for improvement of a
structure to comply with existing state
or local health, sanitary or safety code
specifications which are solely neces-
sary to ensure safe living conditions;
or
b. Any alteration of a structure listed on
theNationalRegisterofHistoricPlaces
or state inventory of historic places.
(Ord. No. 1645, § 18.80.3010, 8-15-2005; Ord. No.
1693, § 29(18.80.3010), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3010), 7-6-2009)
Sec. 38.42.3070. 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.
(Ord. No. 1645, § 18.80.3020, 8-15-2005; Ord. No.
1693, § 29(18.80.3020), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3020), 7-6-2009)
Sec. 38.42.3080. Surveyor (registered land sur-
veyor).
A person licensed in conformance with the Mon-
tana Professional Engineers, RegistrationAct (MCA
37-67-101 through 37-67-332) to practice survey-
ing in the state.
(Ord. No. 1645, § 18.80.3030, 8-15-2005; Ord. No.
1693, § 29(18.80.3030), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3030), 7-6-2009)
Sec. 38.42.3090. Swap meet.
Any permanent or temporary sales or lot where
the sale or trade of goods, materials and merchan-
dise 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.
(Ord. No. 1645, § 18.80.3040, 8-15-2005; Ord. No.
1693, § 29(18.80.3040), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3040), 7-6-2009)
Sec. 38.42.3100. Temporary use.
A use established for a fixed period of time with
the intent to discontinue such use upon the expira-
tion of the time period.
(Ord. No. 1645, § 18.80.3050, 8-15-2005; Ord. No.
1693, § 29(18.80.3050), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3050), 7-6-2009)
Sec. 38.42.3110. Transit stop.
Improvements and facilities at selected points
along transit routes for passenger pickup, dropoff
and waiting. Facilities and improvements may in-
§ 38.42.3040 BOZEMAN MUNICIPAL CODE
CD38:374PROOFS
clude shelters, benches, signs, structures and other
improvements to provide security, protection from
the weather and access to nearby services.
(Ord. No. 1645, § 18.80.3060, 8-15-2005; Ord. No.
1693, § 29(18.80.3060), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3060), 7-6-2009)
Sec. 38.42.3120. Townhouse.
A dwelling unit, located on its own lot, that
shares one or more common or abutting walls with
one or more dwelling units, each located on its own
lot. A townhouse does not share common floors/
ceilings with other dwelling units.
(Ord. No. 1645, § 18.80.3070, 8-15-2005; Ord. No.
1693, § 29(18.80.3070), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3070), 7-6-2009)
Sec. 38.42.3130. Townhouse cluster.
A building consisting of three or more noncom-
municating, attached one-household units placed
side-by-side and/or back-to-back, with no unit lo-
cated over another, and having a common wall
between each two adjacent dwelling units.
(Ord. No. 1645, § 18.80.3080, 8-15-2005; Ord. No.
1693, § 29(18.80.3080), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3080), 7-6-2009)
Sec. 38.42.3140. Tract of record.
An individual parcel of land, irrespective of
ownership, that can be identified by legal descrip-
tion, independent of any other parcel of land, using
documents on file in the records of the county clerk
and recorder's office.
(Ord. No. 1645, § 18.80.3090, 8-15-2005; Ord. No.
1693, § 29(18.80.3090), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3090), 7-6-2009)
Sec. 38.42.3150. 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 to minimum, or maximum to minimum.
Using ratios, perfect uniformity would be 1:1.
(Ord. No. 1645, § 18.80.3100, 8-15-2005; Ord. No.
1693, § 29(18.80.3100), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3100), 7-6-2009)
Sec. 38.42.3160. Use.
The employment or occupation of a building,
structure or land for a person's service, benefit or
enjoyment.
(Ord. No. 1645, § 18.80.3110, 8-15-2005; Ord. No.
1693, § 29(18.80.3110), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3110), 7-6-2009)
Sec. 38.42.3170. 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.
(Ord. No. 1761, exh. R(18.80.3115), 7-6-2009)
Sec. 38.42.3180. Variance.
A modification or variation of the provisions of
this chapter as applied to a specific piece of
property.
(Ord. No. 1645, § 18.80.3120, 8-15-2005; Ord. No.
1693, § 29(18.80.3120), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3120), 7-6-2009)
Sec. 38.42.3190. Violation.
The failure of a structure, subdivision, use of
land or other development to be fully compliant
with this chapter.
(Ord. No. 1645, § 18.80.3130, 8-15-2005; Ord. No.
1693, § 29(18.80.3130), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3130), 7-6-2009)
Sec. 38.42.3200. Wall sign.
Any sign painted on, attached to or erected
against the wall of a building, structure, canopy or
awning with the exposed face of the sign parallel to
the plane of said wall or structure. The sign must be
attached in a manner so that it does not extend six
inches beyond the wall.
(Ord. No. 1645, § 18.80.3140, 8-15-2005; Ord. No.
1693, § 29(18.80.3140), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3140), 7-6-2009)
§ 38.42.3200UNIFIED DEVELOPMENT CODE
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Sec. 38.42.3210. Warehouse.
An enclosed building designed and used primar-
ily for the storage of goods and materials.
(Ord. No. 1645, § 18.80.3150, 8-15-2005; Ord. No.
1693, § 29(18.80.3150), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3150), 7-6-2009)
Sec. 38.42.3220. Watercourse.
Any 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
intermittently and has a definite channel, bed and
banks, and includes any area adjacent thereto sub-
ject to inundation by reason of overflow. In the
event of a braided or other multiple channel con-
figuration of a watercourse, the area of the water-
course shall be that area lying between the two
outermost high-water marks, as defined in this
chapter. The term "watercourse" shall not be con-
strued to mean any facility created exclusively for
the conveyance of irrigation water or stormwater.
The city may consult with other agencies with
expertise in this matter when there is a question of
whether a particular water body is a watercourse.
(Ord. No. 1645, § 18.80.3160, 8-15-2005; Ord. No.
1693, § 29(18.80.3160), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3160), 7-6-2009)
Sec. 38.42.3230. 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.
(Ord. No. 1769, § 20(18.80.3165), 12-28-2009)
Sec. 38.42.3240. Wetland.
A. Those areas that are inundated or saturated by
surface water or groundwater at a frequency and
duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegeta-
tion typically adapted for life in saturated soil
conditions, and meet the established criteria briefly
described below:
1.Vegetation.A prevalence of hydrophytic
vegetation. Hydrophytic species, due to
morphological, physiological, and/or repro-
ductive adaptation, have the ability to grow,
effectively compete, reproduce, and/or per-
sist in anaerobic soil conditions.
2.Soils.A hydric soil is a soil that formed
under conditions of saturation, flooding, or
ponding long enough during the growing
season to develop anaerobic conditions in
the upper part.
3.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 vege-
tation at a duration sufficient to induce
anaerobic and reducing conditions.
(Ord. No. 1645, § 18.80.3170, 8-15-2005; Ord. No.
1693, § 29(18.80.3170), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3170), 7-6-2009)
Sec. 38.42.3250. Wholesale.
The sale of goods and merchandise for resale
instead of for direct consumption.
(Ord. No. 1645, § 18.80.3180, 8-15-2005; Ord. No.
1693, § 29(18.80.3180), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3180), 7-6-2009)
Sec. 38.42.3260. Wildlife.
Animals that are neither human, domesticated,
nor feral descendants of commonly domesticated
animals.
(Ord. No. 1645, § 18.80.3100, 8-15-2005; Ord. No.
1693, § 29(18.80.3190), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3190), 7-6-2009)
Sec. 38.42.3270. Wildlife habitat.
The place or type of habitat where wildlife
naturally lives.
(Ord. No. 1645, § 18.80.3200, 8-15-2005; Ord. No.
1693, § 29(18.80.3200), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3200), 7-6-2009)
§ 38.42.3210 BOZEMAN MUNICIPAL CODE
CD38:376PROOFS
Sec. 38.42.3280. 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.
(Ord. No. 1645, § 18.80.3210, 8-15-2005; Ord. No.
1693, § 29(18.80.3210), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3210), 7-6-2009)
Sec. 38.42.3290. Wireless facility.
An unstaffed facility for the transmission or
reception of radio frequency (RF), microwave or
other signals for commercial communications pur-
poses, typically consisting of an equipment enclo-
sure, 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.
(Ord. No. 1645, § 18.80.3220, 8-15-2005; Ord. No.
1693, § 29(18.80.3220), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3220), 7-6-2009)
Sec. 38.42.3300. Wrecking yard.
Aplace, lot or area where the primary function is
that of dismantling, storage, abandonment or sale of
goods and materials as parts or scraps.
(Ord. No. 1645, § 18.80.3230, 8-15-2005; Ord. No.
1693, § 29(18.80.3230), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3230), 7-6-2009)
Sec. 38.42.3310. Yard.
Aspace on the same lot with a principal building,
which is open and unoccupied from the ground
upward or from the ground downward other than by
steps, walks, terraces, driveways, lamp posts and
similar structures, and unobstructed by structures,
except as otherwise provided in this chapter.
(Ord. No. 1645, § 18.80.3240, 8-15-2005; Ord. No.
1693, § 29(18.80.3240), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3240), 7-6-2009)
Sec. 38.42.3320. Zoning commission.
The Bozeman Zoning Commission.
(Ord. No. 1645, § 18.80.3250, 8-15-2005; Ord. No.
1693, § 29(18.80.3250), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3250), 7-6-2009)
Sec. 38.42.3330. Zoning map.
A map with all notations, dimensions, references
and symbols shown thereon depicting individual
zoned districts in accordance with this chapter.
(Ord. No. 1645, § 18.80.3260, 8-15-2005; Ord. No.
1693, § 29(18.80.3260), 2-20-2007; Ord. No. 1761,
exh. R(18.80.3260), 7-6-2009)
§ 38.42.3330UNIFIED DEVELOPMENT CODE
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APPENDIX A. ILLUSTRATIONS
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