HomeMy WebLinkAboutZoning Code 1982 with supplementals through April, 1998 SUPPLEMENT
INSERTION GUIDE
BOZEMAN MUNICIPAL CODE
April, 1998
(Covering Ordinances through 1462)
This supplement consists of reprinted pages replacing existing pages in the
Bozeman Municipal Code.
Remove pages listed in the column headed "Remove Pages" and in their
places insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should be retained as a permanent record of pages
supplemented and should be inserted in the front of the code.
Remove Pages Insert Pages Remove Pages Insert Pages
Title Page . . . . . . . . . Title Page 373-378 . . . . . . . . 373-378-2
Preface . . . . . . . . . . . . . Preface 396-9-396-14 . . . . . . . . . . .
. . . . . . . . . . . . 396-9-396-14
TEXT 396-21-396-22 . . . . . . . . . .
5 . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . 396-21-396-22
19-22 . . . . . . . . . . . . . 19-22 396-41-39642 . . . . . . . . . .
25-28 . . . . . . . . . . . . 25-28-1 39641-396-42e
43 . . . . . . . . . . . . . . . . . . . . 43 396-51-396-76 . . . . . . . . . .
75/91 . . . . . . . . . . . . 75-77/91 . . . . . . . . . . . 396-51-396-61
95-99 . . . . . . . . . . . 95-100-3
111-116 . . . . . . . . 111-116-3 STATUTORY REFERENCES
166-1-166-3 . . . . 166-1-166-3 397-399 . . . . . . . . . . 397-400
183 . . . . . . . . . . . . . . . . . . 183
189-190 . . . . . . . . . . 189-190 TABLES
--- . . . . . . . . . . 194-11-194-16 414-1-414-2 . . . . 414-1-414-2
251 . . . . . . . . . . . . . . . . . . 251 423-426 . . . . . . . . . . 423-426
268-1-268-2 . . . . 268-1-268-3 436-1-436-2 . . . . 436-1-436-2
285-29441 . . . . . 285-294-80 436-7 . . . . . . . . . . 436-7---436-8
297-298 . . . . . . . . . . 297-298
305-306 . . . . . . . . . . 305-306 INDEX
323-328 . . . . . . . . . . 323-328 437-460-1 . . . . . . . 437-460-1
333-340 . . . . . . . . . . 333-340 463-466 . . . . . . . . . . 463--466
343-344 . . . . . . . . . . 343-344 469-488 . . . . . . . . . . 469-488
357-358 . . . . . . . . . 357-358a
(Bozeman 498)
SUPPLEMENT
INSERTION GUIDE
BOZEMAN MUNICIPAL CODE
June, 1996
(Covering Ordinances through 1420)
This supplement consists of reprinted pages replacing existing pages in the
Bozeman Municipal Code.
Remove pages listed in the column headed "Remove Pages" and in their
places insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should be retained as a permanent record of pages
supplemented and should be inserted in the front of the code.
Remove Pages Insert Pages Remove Pages Insert Pages
Preface . . . . . . . . . . . . . Preface 251-254-1 . . . . . . . 251-254-1
256-1-260-2 . . . . . 257-260-1
TEXT 263-266-1 . . . . . . . . . 263-266
4-1-4-2 . . . . . . . . . . . 4-1-4-2 268-1-268-2 . . . . 268-1-268-2
5 . . . . . . . . . . . . . . . . . . . . . . 5 297-302 . . . . . . . . 297-302-1
7-10 . . . . . . . . . . . . . . . 7-10 307-308 . . . . . . . . . . 307-308
21-22 . . . . . . . . . . . . . 21-22 329-330 . . . . . . . . . . 329-330
25-26 . . . . . . . . . . . . . 25-26 349-358 . . . . . . . . 349-358-2
30-1 . . . . . . . . . . . . 30-1-30-2 383-394 . . . . . . . . . . 383-394
31 . . . . . . . . . . . . . . . . . . . . 31 396-3-396-4 . . . . 396-3-396-4
--- . . . . . . . . . . . . . 40-3---40-20 396-9-396-32 . . . . . . . . . . .
52-1-52-2 . . . . . . . 52-1-52-2 . . . . . . . . . . . 396-9-396-32b
95-96 . . . . . . . . . . . . . 95-96 396-41-396-73 . . . . . . . . . .
99 . . . . . . . . . . . . . . . . . . . . 99 . . . . . . . . . . . 396-41-396-76
103 . . . . . . . . . . . . . . . . . . 103
107-112 . . . . . . . . 107-112-1 TABLES
115-116 . . . . . . . . . . 115-116 410-1-414-1 . . . . . 411-414-4
117-120 . . . . . . . . . . 117-120 417-418 . . . . . . . . . . 4171}18
123-126-1 . . . . . . . 123-126-1 423-424 . . . . . . . . . . 4231424
131-134 . . . . . . . . 131-134-1 436-51136-6 . . . . 436-5--436-7
159-166 . . . . . . . . 159-166-3
183 . . . . . . . . . . . . . . . . . . 183 INDEX
191-192-1 . . . . . . . 191-192-1 43758 . . . . . . . 437-456/458
194-1-194-5 . . . . 194-1-194-9 46368 . . . . . . . . . . 4631}68
197-198 . . . . . . . . . . 197-198 4711474 . . . . . . . . 471-474-1
231-244 . . . . . . . . 231-2444 47982 . . . . . . . . . . 479---482
(Bowman 6-96)
SUPPLEMENT
INSERTION GUIDE
BOZEMAN MUNICIPAL CODE
September, 1993
(Covering Ordinances through 1362)
This supplement consists of reprinted pages replacing existing pages in the
Bozeman Municipal Code.
Remove pages listed in the column headed "Remove Pages" and in their
places insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should be retained as a permanent record of pages
supplemented and should be inserted in the front of the code.
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Preface . . . . . . . . . . . . . Preface
TEXT (Continued)
TEXT 189-192-1 . . . . . . . 189-192-1
5-6-3 . . . . . . . . . . . . . . 5-6-3 251-254 . . . . . . . . 251-254-1
11-16 . . . . . . . . . . . . . I1-16 259-260-2 . . . . . . . 259-260-3
19-22 . . . . . . . . . . . . . 19-22 263-266 . . . . . . . . 263-266-1
25-28/30 . . . . . . . . . . 25-30-1 268-1-268-2 . . . . 268-1-268-2
31 . . . . . . . . . . . . . . . . . . . . 31 297-395 . . . . . . . 297-396-73
--- . . . . I . . . . . . . . 40-1-40-2
43 . . . . . . . . . . . . . . . . . . . . 43
52-1-52-2 . . . . . . . 52-1-52-2 TABLES
67-70 . . . . . . . . . . . . . . . 67/69 403--404 . . . . . . . . 403--404-1
73-74/92 . . . . . . . . . 73-75/91 413-414 . . . . . . . . 413414-1
107-110 . . . . . . . . 107-110-1 425-436-4 . . . . . . . 425-436-6
117-118 . . . . . . . . . . 117-118
121-122 . . . . . . . . 121-122-1 INDEX
129-130 . . . . . . . . . . 129-130 439-460 . . . . . . . . 43960-1
159-160 . . . . . . . . 159-160-1 463-464 . . . . . . . . . . 463 64
163-166/170 . . . . 163-168/170 467-487 . . . . . . . . . . 467488
183 . . . . . . . . . . . . . . . . . . 183
(Bozeman 9-93)
SUPPLEMENT
INSERTION GUIDE
BOZEMAN MUNICIPAL CODE
October, 1989
(Covering Ordinances through 1279)
This supplement consists of reprinted pages replacing existing pages in
the Bozeman Municipal Code.
Remove pages listed in the column headed "Remove Pages" and in their
places insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should be retained as a permanent record of
pages supplemented and should be inserted in the front of the code.
Remove Pages Insert Pages Remove Pages Insert Pages
Preface . . . . . . . . . . . . . . . .Preface 299-302. . . . . . . . . . . . . 299-302
307-308. . . . . . . . . . . .307-308-1
TEXT 311 -316. . . . . . . . . . . . . 311-316
5 • • • • • . . . . . . . . . . . . . . . . . . . . .5 324-1 -324-2. . . . . . . 324-1-324-2
... . . . . . . . . . . . . . . . . . 6-1-6-3 325-4-354-3. . . . . . . .325-354-10
25-28/30 . . . . . . . . . . . .25-28/30 359-366. . . . . . . . . . . . . 359-366
43-522 . . . . . . . . . . . . . .43-52 2 370-9-370-10. . . . . 370-9-370-10
57-64. . . . . . . . . . . . . . .57-59/63 373-382. . . . . . . . . . . .373-382-1
67-74. . . . . . . . . . . . . . .67-74/92 389-395. . . . . . . . . . . . . 389-395
95-96. . . . . . . . . . . . . . . .95-96-1
103 . . . . . . . . . . . . . . . . . . . . . .103 TABLES
115-116. . . . . . . . . . . . . 115-116 411-412. . . . . . . . . . . . . 411-412
117-118. . . . . . . . . . . . . 117-118 419-420. . . . . . . . . . . . . 419-420
125—12 6. . . . . . . . . . . .125-126-1 429-432. . . . . . . . . . . . . 429—43 2
131-133. . . . . . . . . . . . . 131-134 435-436. . . . . . . . . . . . . 435-436
151-152. . . . . . . . . . . . . 151-152 436-3. . . . . . . . . . . . 436-3-436-4
183 . . . . . . . . . . . . . . . . . . . . . .183
189-192. . . . . . . . . . . .189-192-1 INDEX
194-1. . . . . . . . . . . . . 194-1-194-5 437-454. . . . . . . . . . . . . 437-454
217-218. . . . . . . . . . . . . 217-218 457-464. . . . . . . . . . . . . 457-464
251-256. . . . . . . . . . . .251-256-1 467-476. . . . . . . . . . . .467-476-1
259-260. . . . . . . . . . . . 259-260a 479-482. . . . . . . . . . . .479-482-1
485-486. . . . . . . . . . . . . 485-486
SUPPLEMENT
INSERTION GUIDE
BOZEMAN MUNICIPAL CODE
March, 1987
(Covering Ordinances through 1226)
This supplement consists of reprinted pages replacing existing pages in
the Bozeman Municipal Code.
Remove pages listed in the column headed "Remove Pages" and in their
places insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should be retained as a permanent record of
pages supplemented and should be inserted in the front of the code.
Remove Pages Insert Pages Remove Pages Insert Pages
Preface . . . . . . . . . . . . . . . .Preface 294.7-294-40. . . . . 294-7-294-41
297-324. . . . . . . . . . . .297-324-6
TEXT 339-340. . . . . . . . . . . .338-1-340
5 . . . . . . . . . . . . . . . . . . . . . . . . . .5 343-346. . . . . . . . . . . . . 343-346
'i 13-16. . . . . . . . . . . . . . . . 13-16-1 348-1-348-2. . . . . . . 348-1-348-3
19-29. . . . . . . . . . . . . . .19-28/30 353-354-1 . . . . . . . . . .353-354-3
49-52a. . . . . . . . . . . . . . . 49-52a 363-366. . . . . . . . . . . . . 363-366
67-70. . . . . . . . . . . . . . . .67-70-1 369-370-1 . . . . . . . . .369-370-10
139-140. . . . . . . . . . . . 139-140-1 379-380. . . . . . . . . . . .379-380-1
145-146. . . . . . . . . . . . 145-146-1 383-388. . . . . . . . . . . .383-388-1
151-152. . . . . . . . . . . . . 151-152 390-1-394 . . . . . . . . . . . 391-394
157-160. . . . . . . . . . . . . 157-160
163-164. . . . . . . . . . . .163-164-1 TABLES
191-194. . . . . . . . . . . . 191-194-1 401-404. . . . . . . . . . . . . 401-404
195 . . . . . . . . . . . . . . . . . . . . . .195 413-426. . . . . . . . . . . . . 413-426
225-226. . . . . . . . . . . .225-226-2 431-432. . . . . . . . . . . . . 431-432
231-248. . . . . . . . . . . .231-248-1 435-436-1 . . . . . . . . . .435-436-3
253-260-2 . . . . . . . . . .253-260-2
263-268-1 . . . . . . . . . .263-268-2 INDEX
285-294-4 . . . . . . . . . .285-294-4 439-448. . . . . . . . . . . .439-448-1
451-481 . . . . . . . . . . . . . 451-487
SUPPLEMENT
INSERTION GUIDE
BOZEMAN MUNICIPAL CODE
January, 1985
(Covering Ordinances through 1163)
This supplement consists of reprinted pages replacing existing pages in
the Bozeman Municipal Code.
Remove pages listed in the column headed "Remove Pages" and in
their places insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should be retained as a permanent record of
pages supplemented and should be inserted in the front of the code.
Remove Pages Insert Pages Remove Pages Insert Pages
Preface . . . . . . . . . . . . . . . .Preface 341-348. . . . . . . . . . . .341-348-2
Table of Contents . . . . . . . . . . . . 353-354. . . . . . . . . . . .353-354-1
. . . . . . . . . . . .Table ofContents 357-366. . . . . . . . . . . . . 357-366
369-370. . . . . . . . . . . .369-370-1
TEXT 373-374. . . . . . . . . . . . . 373-374
5 . . . . . . . . . . . . . . . . . . . . . . . . . .5 383-384. . . . . . . . . . . . . 383-384
11-16. . . . . . . . . . . . . . . . . 11-16 387-390. . . . . . . . . . . .387-390-1
19-22. . . . . . . . . . . . . . . . . 19-22 393-395. . . . . . . . . . . . . 393-395
49-52. . . . . . . . . . . . . . . . 49-52a
67-70. . . . . . . . . . . . . . . . . 67-70 TABLES
135 . . . . . . . . . . . . . . . . . . . . . .135 401-402. . . . . . . . . . . . . 401-402
157-170. . . . . . . . . .157-166/170 417-422. . . . . . . . . . . . . 417-422
177-178. . . . . . . . . . . . . 177-178 423-426. . . . . . . . . . . . . 423-426
231-232. . . . . . . . . . . . . 231-232 435-436. . . . . . . . . . . .435-436-1
265-268-1 . . . . . . . . . .265-268-1
Tab Page 16. Platting. . . . . . . . . . INDEX
. . . . . Tab Page 16. Subdivisions 441-442. . . . . . . . . . . .441-442-1
285-294. . . . . . . . . . .285-294-40 445-454. . . . . . . . . . . . . 445-454
299-306. . . . . . . . . . . .299-306-1 457-458. . . . . . . . . . . .457-458-2
309-314. . . . . . . . . . . .309-314-1 463-470. . . . . . . . . . . . . 463-470
317-320. . . . . . . . . . . . . 317-320 473-476. . . . . . . . . . . .473-476-1
479-481 . . . . . . . . . . . . . 479-481
SUPPLEMENT
INSERTION GUIDE
BOZEMAN MUNICIPAL CODE
April, 1983
(Covering Ordinances through 1123)
This supplement consists of reprinted pages replacing existing pages in
the Bozeman Municipal Code.
Remove pages listed in the column headed "Remove Pages" and in their
places insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should be retained as a permanent record of
pages supplemented and should be inserted in the front of the code.
Remove Pages Insert Pages
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . .Preface
TEXT
1-3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-4-2
21-22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-22
43-52. . . . . . . . . . . . . . . . . . . . . . . . . . . .43-52-2
57-91. . . . . . . . . . . . . . . . . . . . . . . . . . .57-75/91
95-96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95-96
99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .99
123-124. . . . . . . . . . . . . . . . . . . . . . . . 123-124-1
135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .135
167-168. . . . . . . . . . . . . . . . . . . . . . . . 167-168-2
197-210. . . . . . . . . . . . . . . . . . . . . . . .197-210-9
253-254. . . . . . . . . . . . . . . . . . . . . . . . . 253-254
257-260. . . . . . . . . . . . . . . . . . . . . . . .257-260-2
263-268. . . . . . . . . . . . . . . . . . . . . . . .263-268-1
347-354. . . . . . . . . . . . . . . . . . . . . . . . . 347-354
393-395. . . . . . . . . . . . . . . . . . . . . . . . . 393-395
TABLES
401-410. . . . . . . . . . . . . . . . . . . . . . . .401-410-4
415-416. . . . . . . . . . . . . . . . . . . . . . . . . 415-416
421-422. . . . . . . . . . . . . . . . . . . . . . . .421-422-1
435-436. . . . . . . . . . . . . . . . . . . . . . . . . 435-436
INDEX
437-468. . . . . . . . . . . . . . . . . . . . . .437-465/467
PROCEDURE FOR DRAFTING ORDINANCES
New ordinances often amend, repeal, or add new sections to the code.
It is important when drafting these ordinances to mention, within the ordi-
nance, the affected code section and ordinance. The underlying ordinance
of the section being changed can be determined from the ordinance history
in parentheses at the end of each section.
Effect of Title.
The title of an ordinance and any introductory language appearing be-
fore the ordaining clause has no legal effect. If the title states
that it repeals (or amends or adds) certain provisions, but the lang-
uage after the ordaining clause does not so state, the intended re-
peal, amendment or addition has not taken place.
Procedure When Amending Existing code Section.
Amend the code section specifically. The underlying ordinance section
may also be included.
Examples: §3.04.020 of the Municipal Code is amended to read
as follows. . .
93 of Ord. 319 and §3.04.020 of the Municipal Code
are amended to read as follows: . . .
Procedure When Repealing Existing Code Section.
Repeal the code section specifically, plus the underlying ordinance
section if you wish. We consider both to be repealed whether you men-
tion the underlying ordinance or not.
Examples: §3.04.020 of the Municipal Code is hereby repealed.
§3 of Ord. 319 and §3.04.020 of the Municipal Code
are hereby repealed.
Procedure When Adding New Material to Code
If new provisions are to be added to the code, you should determine
where such material would best fit within an existing section, chapter
or title. If there is no existing section, chapter or title, you
should assign a new title, chapter or section number. In any case,
our expandable decimal numbering system is designed to allow for the
incorporation of new material without disturbing the numbering system
of existing material.
The following language is sufficient to locate the new ordinance in
the code:
There is hereby added to the Municipal Code of §5.10.033,
which is to read as follows: . . .
Subsection D is hereby added to 55.10.040 of the _ Municipal
Code as follows: . . .
If you have any questions as to the proper placement of a new provi-
sion, please contact us.
Two copies of all ordinances passed should be forwarded to Book Publishing
Company - 2518 Western Avenue - Seattle, Washington 98121.
Our editorial staff is always willing to provide assistance should there be
any difficulty in amending the code.
BOZEMAN
MUNICIPAL
CODE
1982
A Codification of the General Ordinances
of the City of Bozeman, Montana
Edited, Indexed and Published by
NMI
BOOK P1 MASHING COYII'M
201 �Xrstlakv XNenuv North
Seattle_ Vashintuu 98109
PREFACE
The Bozeman Municipal Code, originally published by Book Publishing
Company in 1982,has been kept current by regular supplementation.
During original codification,the ordinances were compiled,edited and indexed
by the editorial staff of Book Publishing Company under the direction of Mr. J.
Robert Planalp,city attorney.
The code is organized by subject matter under an expandable three-factor
decimal numbering system which is designed to facilitate supplementation
without disturbing the numbering of existing provisions. Each section number
designates, in sequence, the numbers of the title, chapter, and section. Thus,
Section 18.12.050 is Section .050, located in Chapter 18.12 of Title 18. In most
instances, sections are numbered by tens (.010, .020, .030, etc.), leaving nine
vacant positions between original sections to accommodate future provisions.
Similarly,chapters and titles are numbered to provide for internal expansion.
In parentheses following each section is a legislative history identifying the
specific sources for the provisions of that section. This legislative history is
complemented by an ordinance disposition table, following the text of the code,
listing by number all ordinances, their subjects, and where they appear in the
codification.
A subject-matter index, with complete cross-referencing, locates specific code
provisions by individual section numbers.
This supplement brings the code up to date through Ordinance 1534, passed
February 26,2001.
BOOK PUBLISHING COMPANY
201 Westlake Avenue North
Seattle,Washington 98109
(206)343-5700
1-800-537-7881
(Bowman 11-01)
TABLE OF•CONTENTS
Title 1 General Provisions
Title 2 Administration and Personnel
Title 3 Revenue and Finance
Title 4 (Reserved)
Title 5 Business Taxes, Licenses and Regulations
Title 6 Animals
Title 7 (Reserved)
Title 8 Health and Safety
Title 9 Public Peace,Morals and Welfare
Title 10 Vehicles and Traffic
Title 11 (Reserved)
Title 12 Streets, Sidewalks and Public Places
Title 13 Public Services
Title 14 (Reserved)
Title 15 Buildings and Construction
Title 16 Subdivisions
Title 17 (Reserved)
Title 18 Zoning
Statutory References
Tables
Index
(Bozeman 1-85)
Title 18
ZONING
Chapters:
18.02 General Provisions
18.04 Definitions
18.06 Zoning Districts and Zoning Map
18.08 Application of Regulations
18.12 R-S Residential-Suburban District
18.14 R-1 Residential Single-Household,Low Density
District
18.16 R-2 Residential Single-Household,Medium Density
District
18.17 R-2a Residential Single-Household,Medium Density
District
18.18 R-3a Residential Two-Household,Medium Density
District
18.20 R-3 Residential Medium-Density District
18.24 R-4 Residential High-Density District
18.26 R-O Residential Office District
18.28 B-1 Neighborhood Service District
18.30 B-2 Community Business District
18.32 B-3 Central Business District
18.34 M-1 Light Manufacturing District
18.36 M-2 Manufacturing and Industrial District
18.38 BP Business Park District
18.39 PLI Public Lands and Institutions District
18.40 Historic Mixed Use District
18.41 R-MH Single-Family Mobile Home District
18.42 Neighborhood Conservation Overlay District
18.43 Bozeman Entryway Corridor Overlay
District
18.44 Flood Hazard District
18.45 Casino Overlay District
18.48 Nonconforming Uses and Structures
18.49 Landscaping
18.50 General Building and Development Standards
18.51 Design Review Board (DRB),Administrative
Design Review(ADR) Staff and Development
Review Committee(DRC)
18.52 Plan Review and Approval
18.53 Conditional Use Procedure
18.54 Planned Unit Development
18.55 Zoning Text Amendment and Map Amendments
297 (Bowman 11-01)
18.56 Variance and Administrative Interpretation Appeal Procedures
18.57 Telecommunications
18.58 Plan Appeals Procedure
18.62 Administration,Permits and Fees
18.65 Bozeman Sign Code
18.70 Violation,Penalties and Separability
(Bozeman I 1-01) 298
18.02.010-18.02.020
Chapter 18.02 18.04.050 Adult business.
18.04.060 Agricultural activity.
GENERAL PROVISIONS 18.04.090 Alley.
Sections: 18.04.100 Animal hospital.
18.02.010 Citationof ordinance. 18.04.105 Antenna.18.04.110 Apartment.
18.02.020 Interpretation as minimum
requirements. 18.04.120 Apartment building.
18.04.130 Automobile reduction yard.
18.02.010 Citation of ordinance. 18.04.140 Auto salvage yard.
This title shall be known and cited as the zoning 18.04.150 Automobile service station.
ordinance of the city of Bozeman,except when cited 18.04.160 Automobile washing
herein, where it shall be referred to as "this title." establishment.
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. 18.04.170 Bar(tavern,cocktail lounge).
1513 § 1 (Exh.A)(part),2000) 18.04.180 Basement.
18.04.190 Bed and breakfast home.
18.02.020 Interpretation as minimum 18.04.210 Boardinghouse.
requirements. 18.04.220 Building.
A. In their interpretation and application, the 18.04.230 Building area.
provisions of this title shall be held to be minimum 18.04.240 Building envelope.
requirements adopted for the promotion ofthe health, 18.04.250 Building,front line of.
safety, and general welfare of the community. 18.04.260 Building,height of.
Wherever the requirements of this title are at 18.04.270 Building line, required front.
variance with the requirements of any other lawfully 18.04.280 Building line, required rear.
adopted rules or regulations,or wherever there is an 18.04.290 Building line,required side.
internal conflict within this title,the most restrictive 18.04.300 Building,principal.
requirements,or that imposing the higher standards, 18.04.310 Building,public.
shall govern. 18.04.320 Business.
B. In the case of a difference of meaning or 18.04.330 Campground.
implication between the text of this title and the 18.04.340 Carport.
captions or headings for each section, the text shall 18.04.350 Casino.
control. (Ord. 1516 (part), 2000: Ord. 1514 (part), 18.04.360 Cemetery.
2000: Ord. 1513 § 1 (Exh.A) (part), 2000) 18.04.370 Child.
18.04.380 Church.
18.04.390 City.
Chapter 18.04 18.04.400 Club,private(nonprofit).
DEFINITIONS 18.04.410 Commission,city.
18.04.420 Community residential facility.
Sections: 18.04.430 Conditional use permit.
18.04.010 Definition of terms and 18.04.440 Condominium.
interpretation of language. 18.04.450 Convenience food restaurant.
18.04.020 Access or access way. 18.04.460 Convenience use.
18.04.030 Accessory building or use. 18.04.465 Cooperative household.
18.04.035 Administrative design review 18.04.470 Day care center.
(ADR) staff. 18.04.480 Day care home,family.
18.04.490 Day care home,group.
299 (B.=..n 11-01)
18.04.500 Density, gross. 18.04.890 Loading and unloading bays.
18.04.510 Density, net residential. 18.04.900 Lodging house.
18.04.515 Design review. 18.04.910 Lot.
18.04.520 Design review board. 18.04.920 Lot area.
18.04.530 Development. 18.04.930 Lot, corner.
18.04.540 Development review committee. 18.04.940 Lot,interior.
18.04.550 Deviation. 18.04.950 Lot, through.
18.04.560 Drive access. 18.04.960 Lot coverage.
18.04.570 Drive-in business. 18.04.970 Lot depth.
18.04.580 Duplex. 18.04.980 Lot line,front.
18.04.590 Dwelling. 18.04.990 Lot line, rear.
18.04.600 Dwelling,single-household. 18.04.1000 Lot line,side.
18.04.610 Dwelling,two-household. 18.04.1010 Lot line,zero.
18.04.620 Dwelling,multiple 18.04.1020 Lot width.
(multi-household). 18.04.1030 Manufactured home.
18.04.630 Dwelling unit. 18.04.1040 Manufacturing.
18.04.640 Essential services(Type 1). 18.04.1050 Manufacturing,light.
18.04.650 Essential services(Type H). 18.04.1060 Master plan.
18.04.653 Extended stay lodgings. 18.04.1070 Medical offices,clinics and
18.04.655 FAA. centers.
18.04.660 Family. 18.04.1080 Mining.
18.04.665 FCC. 18.04.1090 Mobile home.
18.04.670 Fence. 18.04.1100 Mobile home park.
18.04.690 Floodplain. 18.04.1110 Mobile home space.
18.04.700 Floor area,gross. 18.04.1120 Mobile home stand.
18.04.710 Floor area,net. 18.04.1130 Mobile office.
18.04.720 Floor area ratio (FAR). 18.04.1140 Model home.
18.04.730 Garage,private. 18.04.1150 Modular or sectional home.
18.04.740 Garage,public. 18.04.1160 New construction.
18.04.750 Grade. 18.04.1170 Noxious matter or material.
18.04.760 Greenhouse. 18.04.1175 Nonbroadcast telecommunication
18.04.770 Greenhouse,commercial. facility.
18.04.780 Ground floor area. 18.04.1180 Nonconforming use.
18.04.800 Guest house. 18.04.1190 Nursing home.
18.04.810 Health and exercise 18.04.1200 Nursery,plant.
establishments. 18.04.1210 Offices.
18.04.820 Home occupation or profession. 18.04.1220 Open sales(or rental) lot.
18.04.830 Hospital. 18.04.1230 Open space, useable.
18.04.840 Hotel or motel. 18.04.1240 Overlay zone.
18.04.845 Household. 18.04.1250 Parking area.
18.04.850 Incidental. 18.04.1260 Parking space,off-street.
18.04.860 Industry,heavy. 18.04.1270 Party wall.
18.04.870 Industry,light. 18.04.1280 Paved parking space or surface.
18.04.880 Junkyard. 18.04.1290 Personal and convenience
18.04.885 Large scale broadcast facility. services.
(Bozeman 11-01) 300
18.04.010
18.04.1300 Persons. 18.04.1720 Use, principal.
18.04.1310 Planning director. 18.04.1730 Use,temporary.
18.04.1320 Property, personal. 18.04.1740 Variance.
18.04.1330 Property, real. 18.04.1750 Variance,dimensional.
18.04.1340 Recreational vehicle. 18.04.1760 Veterinary clinic.
18.04.1350 Recreational vehicle park. 18.04.1770 Warehouse.
18.04.1360 Research laboratory. 18.04.1780 Warehouse,residential storage
18.04.1370 Restaurant. (mini-warehouse).
18.04.1380 Retail. 18.04.1790 Watercourse.
18.04.1390 Right-of-way. 18.04.1800 Wholesale establishment.
18.04.1400 School. 18.04.1810 Wrecking yard.
18.04.1410 Screening. 18.04.1820 Yard.
18.04.1420 Setback line. 18.04.1830 Yard,corner side.
18.04.1430 Sewer, public. 18.04.1840 Yard,front.
18.04.1440 Sewer system,community. 18.04.1850 Yard,rear.
18.04.1450 Sign. 18.04.1860 Yard,required.
18.04.1460 Site plan. 18.04.1870 Yard,side.
18.04.1465 Small scale broadcast facility. 18.04.1875 Zoning commission.
18.04.1470 Spa. 18.04.1880 Zoning map.
18.04.1475 Stable,commercial.
18.04.1480 Stable, private. 18.04.010 Definition of terms and
18.14.1485 Stealth or camouflaged. interpretation of language.
18.04.1490 Street. A. All words in this title shall be first defined as
18.04.1500 Street,arterial. provided in this chapter and, if not defined herein,
18.04.1510 Street,collector, shall be defined as in the latest edition of The Illus-
18.04.1520 Street,local. trated Book of Development Definitions by Harvey
18.04.1530 Street frontage. S. Moskowitz and Carl G. Lindbloom, and if not
18.04.1540 Street,public. defined in The Illustrated Book of Development
18.04.1550 Structure. Definitions, shall have their customary dictionary
18.04.1560 Structure,nonconforming. definitions. For the purposes of this title certain
18.04.1570 Structural alteration. words and terms used herein are defined as follows:
18.04.1580 Subdivision or development B. Words used in the present tense include the
construction yard.
18.04.1590 Swap meet. future tense; words used in the singular include the
18.04.1600 Swimming pools. plural, and words used in the plural include the
18.04.1605 Tower. singular;the word "shall" is always mandatory, the
18.04.1610 Townhouse. word "person" includes a firm, association,
18.04.1620 Townhouse cluster. organization,partnership,trust,corporation or com-
18.04.1630 Truck service station. pany, as well as an individual; the word "lot' in-
18.04.1640 Truck stop. cludes the words "plot' or "parcel;" the word
18.04.1650 Truck washing establishment. "building"includes the word"structure;"the words
18.04.1660 Unit,efficiency. "used" or "occupied," as applied to any land or
18.04.1670 Use. building, shall be construed to include the words
18.04.1680 Use,accessory. "intended, arranged,or designed to be used or occu-
18.04.1690 Use,conditional. pied;"the words "map" or "zoning map" mean the
18.04.1700 Use,nonconforming. zoning map(s) of the zoning jurisdiction of the
18.04.1710 Use,permitted.
301 (Boum..11-01)
18.04.020-18.04.105
city that delineate the area to be governed by these Adult business as defined in this section shall in-
regulations. (Ord. 1516 (part), 2000: Ord. 1514 clude, but need not be limited to, adult bookstores,
(part), 2000: Ord. 1513 § I (Exh.A)(part), 2000) adult motion picture theaters, rap studios, massage
parlors, exotic dance studios,nude art studios, nude
18.04.020 Access or access way. photographic studios and nude body painting studios.
"Access or access way"means the place,means or (Ord. 1516(part),2000:Ord. 1514(part),2000;Ord.
way by which pedestrians and vehicles shall have 1513 § 1 (Exh. A)(part), 2000)
adequate and useable ingress and egress to property
or use as required by this title. (Ord. 1516 (part), 18.04.060 Agricultural activity.
2000:Ord. 1514(part),2000:Ord. 1513 § I (Exh.A) "Agricultural activity"means the cultivation ofthe
(part), 2000) soil or the raising of livestock and all activities
incidental thereto. The terms"farming"and"ranch-
18.04.030 Accessory building or use. ing" shall be interchangeable for purposes of this
"Accessory building or use"means a subordinate title. The term "agricultural activity" shall not in-
building,or portion of the principal building,located clude the raising of produce primarily intended for
on the same lot as the principal building,or a subor- on-premises consumption. (Ord. 1516 (part), 2000:
dinate use of land, either of which is customarily Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A)
incidental to the principal building or to the principal (part),2000)
use of land. Where part of an accessory building is
connected to part of the principal building by a 18.04.090 Alley.
common wall, such accessory building shall be "Alley" means a permanent public thoroughfare
counted as part of the principal building. Individual providing a secondary means of access to abutting
public utility installation aboveground are considered lands. (Ord. 1516 (part), 2000: Ord. 1514 (part),
accessory buildings.(Ord. 1531 § 1,2001:Ord. 1516 2000: Ord. 1513 § I (Exh.A)(part),2000)
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
(Exh. A)(part),2000) 18.04.100 Animal hospital.
"Animal hospital"means a place where animals or
18.04.040 Administrative design review pets are given medical or surgical treatment and are
(ADR)staff. cared for during the time of such treatment. Outside
"Administrative design review (ADR) staff' pens,kennels or runs are not permitted as part of an
means certain members of the planning staff charged animal hospital operation. The short-term interior
with the design review, as defined in this chapter,of boarding is permitted. (Ord. 1516(part),2000:Ord.
certain plans and proposals as specified in this title. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
The organization,composition and procedures ofthe 2000)
administrative design review staff are subject to the
requirements of Chapter 18.51. (Ord. 1516 (part), 18.04.105 Antenna.
2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A) "Antenna"means one or more rods,panels, discs
(part),2000) or similar devices used for the transmission or
reception of radio frequency signals, which may
18.04.050 Adult business. include omni-directional antenna (rod), directional
"Adult business" means an establishment which antenna (panel) and parabolic antenna (disc). (Ord.
advertises, trades, exchanges, transfers, sells, pres- 1516(part),2000: Ord. 1514(part),2000: Ord. 1513
ents, shows, offers or exhibits materials, activities, § 1 (Exh. A) (part),2000)
reproductions, likenesses, services and/or objects
defined as obscene by Section 45-8-201(2), MCA.
(Bozeman 11-01) 302
18.04.110-18.04.220
18.04.110 Apartment. incidental to automobile service stations if not more
"Apartment" means a room or suite of two or than one auto may be washed at one time and if the
more rooms located in an apartment building or in service station is clearly the principal use.(Ord. 1516
nonresidential districts as specified in this title. (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
Efficiency units shall qualify as an apartment under (Exh.A)(part),2000)
this definition. (Ord. 1516 (part), 2000: Ord. 1514
(part),2000: Ord. 1513 § 1 (Exh.A)(part),2000) 18.04.170 Bar(tavern,cocktail lounge).
"Bar (tavern, cocktail lounge)" means an estab-
18.04.120 Apartment building. lishment where alcoholic beverages are served on
"Apartment building"means a building other than premises and where the total sales of alcohol exceeds
a hotel or motel containing five or more dwelling the total sales of food.(Ord. 1516(part),2000: Ord.
units. (Ord. 1516 (part), 2000: Ord. 1514 (part), 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
2000: Ord. 1513 § 1 (Exh.A)(part),2000) 2000)
18.04.130 Automobile reduction yard. 18.04.180 Basement.
"Automobile reduction yard" means any area of "Basement"means a portion of a building located
land where two or more motor vehicles not in run- partly underground but having not less than half its
ning condition and/or two or more unlicensed motor floor-to-ceiling height below the average grade of the
vehicles, or parts thereof are stored in the open and adjoining ground.(Ord. 1516(part),2000:Ord. 1514
are not being restored to operation; or any land, (part),2000: Ord. 1513 § 1 (Exh.A)(part),2000)
building or structure used for the wrecking,disman-
tling, storage or abandonment of motor vehicles or 18.04.190 Bed and breakfast home.
parts thereof. (Ord. 1516 (part), 2000: Ord. 1514 "Bed and breakfast home" means a single-
(part),2000: Ord. 1513 § 1 (Exh.A)(part), 2000) household dwelling which remains owner-occupied
at all times providing one or more guest rooms for
18.04.140 Auto salvage yard. compensation, and where food service is limited to
"Auto salvage yard" means a junkyard primarily breakfast which may be served to overnight guests
containing inoperable vehicles.(See definition of only.(Ord. 1516(part),2000:Ord. 1514(part),2000:
junkyard,Section 18.04.880.)(Ord. 1516(part),2000: Ord. 1513 § I (Exh.A)(part),2000)
Ord. 1514 (part), 2000: Ord. 1513 § I (Exh. A)
(part),2000) 18.04.210 Boardinghouse.
See lodginghouse, Section 18.04.900 (Ord. 1516
18.04.150 Automobile service station. (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
"Automobile service station"means an establish- (Exh.A)(part),2000)
ment with the primary business function of the retail
sale of gasoline for passenger car use with or without 18.04.220 Building.
minor service and repair work incidental to the "Building" means any structure having enclosed
operation of passenger automobiles. (Ord. 1516 space and a roof for the housing and/or enclosure of
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1 persons, animals or chattels, except mobile homes,
(Exh.A)(part), 2000) recreational vehicles and mobile offices.(Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
18.04.160 Automobile washing establishment. (Exh.A)(part), 2000)
"Automobile washing establishment" means a
building which has its primary purpose as washing
automobiles. Such facilities shall be considered
303 (Bozeman 11.01)
18.04.230-18.04.310
18.04.230 Building area. 18.04.270 Building line,required front.
"Building area" means the maximum horizontal "Required front building line" means the line
projected area of the principal and accessory build- nearest to the front and across a lot establishing the
ing,excluding open steps,terraces,and architectural minimum open space to be provided between the
appurtenances projecting not more than two feet. front line of a building and the front lot line.See also
Building area, as that portion of a lot upon which definition of setback line, Section 18.04.1420. (Ord.
construction is permitted,is as follows:That area ofa 1516(part),2000:Ord. 1514(part),2000:Ord. 1513
lot that lies within the boundaries of the front, side § I (Exh. A)(part),2000)
and rear yard setback requirements measured from
the actual lot line.(Ord. 1516(part),2000:Ord. 1514 18.04.280 Building line, required rear.
(part), 2000: Ord. 1513 § 1 (Exh.A)(part), 2000) "Required rear building line"means the line near-
est to the rear and across a lot establishing the mini-
18.04.240 Building envelope. mum open space to be provided between the rear line
"Building envelope"means that area of a lot lying of a building and the rear lot line. See also definition
between the front, rear, and side yard setback lines of setback line, Section 18.04.1420. (Ord. 1516
and between ground level and the maximum (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
allowable building height, amounting to the three- (Exh.A)(part),2000)
dimensional area available for potential building
construction. (Ord. 1516 (part), 2000: Ord. 1514 18.04.290 Building line,required side.
(part),2000: Ord. 1513 § 1 (Exh.A)(part), 2000) "Required side building line" means the line
nearest to the side and extending between the re-
18.04.250 Building,front line of. quired front building line and required rear building
"Front line of building"means the line of the face line establishing the minimum open space to be
of a building nearest the front lot line. (Ord. 1516 provided between the side line of a building and the
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1 side lot line. See also definition of setback line,
(Exh.A)(part), 2000) Section 18.04.1420. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
18.04.260 Building,height of. 2000)
"Height of building" means the vertical distance
measured from grade as defined in this section to the 18.04.300 Building,principal.
highest point on the roof or parapet wall. Where a "Principal building"means a building in which is
building utilizes multiple roof styles or pitches, the conducted the main, or principal, use of the lot on
highest point of each type of roof or parapet wall which the building is situated. (Ord. 1516 (part),
shall be in conformance with applicable height 2000:Ord. 1514(part),2000:Ord. 1513 § I (Exh.A)
regulations as established for the respective roof (part),2000)
pitches in each zoning district. Where the vertical
difference between grade as defined in this section is 18.04.310 Building, public.
greater than two feet between opposite elevations of "Public building"means a building, supported by
the building, the height of the building may be government funds,to be used in an official capacity
increased by one foot for every one foot in grade on behalf of the entire community.(Ord. 1516(part),
difference up to a maximum of six additional feet. 2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A)
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. (part),2000)
1513 § I (Exh.A)(part), 2000)
(B=man 1I-01) 304
18.04.320-18.04.410
18.04.320 Business. beverages for consumption on the premises. (Ord.
"Business"means the engaging in of the purchase, 1531 § 2, 2001: Ord. 1516 (part), 2000: Ord. 1514
sale, barter or exchange of goods, wares, merchan- (part),2000: Ord. 1513 § 1 (Exh.A)(part),2000)
dise or service; the maintenance or operation of
offices or recreational or amusement enterprises. 18.04.360 Cemetery.
(Ord. 1516(part),2000:6d. 1514(part),2000:Ord. "Cemetery"means land used for the burial of the
1513 § 1 (Exh.A)(part), 2000) dead and dedicated for cemetery purposes,including
crematories,mausoleums and mortuaries when oper-
18.04.330 Campground, ated in conjunction with and within the boundary of
"Campground" means any area of land used to such cemetery. (Ord. 1516 (part), 2000: Ord. 1514
temporarily accommodate two or more camping (part),2000: Ord. 1513 § 1 (Exh.A)(part), 2000)
parties,including cabins,tents,recreational vehicles
or other camping outfits. (Ord. 1516 (part), 2000: 18.04.370 Child.
Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) "Child"means a person under twelve years of age.
(part),2000) (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
1513 § 1 (Exh.A)(part),2000)
18.04.340 Carport.
"Carport"means a structure, open on at least two 18.04.380 Church.
sides, consisting of a roof and either walls or col- "Church" means a building, together with its
umns forthe purpose of housing automotive vehicles accessory buildings and uses,where persons regular-
and other chattels. The structure shall be considered ly assemble for religious worship,and which build-
as an accessory building when detached from the ing,together with its accessory buildings and uses,is
principal building and as a part of the principal maintained and controlled by a religious body
building when attached to the principal building organized to sustain public worship. (Ord. 1516
along one or more sides of the carport or principal (part), 2000: Ord. 1514(part), 2000: Ord. 1513 § 1
building. (Ord. 1516 (part),2000: Ord. 1514 (part), (Exh.A)(part),2000)
2000: Ord. 1513 § I (Exh.A)(part),2000)
18.04.390 City.
18.04350 Casino. "City" means the city of Bozeman. (Ord. 1516
A. "Casino' means an establishment whose (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
primary use or activity is gambling,either inthe form (Exh.A)(part),2000)
of gambling machines(video poker,keno,etc.),card
games,or other licensed gambling activity.A casino 18.04.400 Club,private(nonprofit).
will normally have beverage and restaurant facilities "Private (nonprofit) club" means a nonprofit
as ancillary uses. In all instances, an establishment association of persons who are bona fide members
will be considered a casino for the purpose of these paying annual dues which owns, hires or leases a
regulations if any of the following characteristics building, or a portion thereof, the use of such pre-
apply: mises being restricted to members and their guests.
1. The establishment is referenced as a casino by (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
signage or by name; 1513 § 1 (Exh.A)(part),2000)
2. More than one card table is on the premises;
3. Fifteen or more gambling machines are on the 18.04.410 Commission,city.
premises. "City commission"means the governing body of
B. An applicant for a casino establishment must the city. (Ord. 1516 (part), 2000: Ord. 1514 (part),
obtain a Montana state license to sell alcoholic 2000: Ord. 1513 § 1 (Exh.A)(part), 2000)
305 (Bozeman 11-01)
18.04.420-18.04.465
18.04.420 Community residential facility. 1514 (part), 2000: Ord. 1513 § I (Exh. A) (part),
"Community residential facility" means a single 2000)
residential structure having common kitchen facilities
including: 18.04.450 Convenience food restaurant.
1. Those occupied by persons having "Convenience food restaurant" means an estab-
developmental disability and living together for the lishment whose principal business is the sale of
purpose of residential training, observation and/or foods,frozen desserts, or nonalcoholic beverages to
common support, in which care is provided on a the consumer in a ready-to-eat state for consumption
twenty-four-hour per day basis; either within the premises or for carry-out with
2. A community group home for develop- consumption either on or off the premises and whose
mentally, mentally, or severely disabled persons design or principal method of operation includes both
which does not provide skilled or intermediate nur- of the following characteristics:
sing care; A. Foods,frozen desserts,or nonalcoholic bever-
3. A youth foster home or youth group home as ages are usually served in edible containers or in
defined in Section 41-3-1102,MCA; paper, plastic or other disposable containers;
4. A halfway house operated in accordance with B. The customer is not served food at his/her
regulations of the department of public health and table by an employee but receives it at a counter,
human services for the rehabilitation of alcoholics or window or similar facility for carrying to another
drug dependent persons; or location for consumption either on or off the pre-
5. A licensed adult foster family care home. mises. (Ord. 1516 (part), 2000: Ord. 1514 (part),
Where a limitation of eight or fewer persons is 2000: Ord. 1513 § 1 (Exh.A)(part),2000)
imposed for the purpose of defining the necessary
review process to establish this use,the operator of a 18.04.460 Convenience use.
residential facility, members of the operator's "Convenience use"means retail commercial uses
household or persons employed as staff,shall not be which have relatively high traffic generation rates per
counted as residents,except that the total number of one thousand square feet compared to other
all persons living at the facility shall not exceed ten. commercial uses. A use is designated as a conven-
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. ience use if the method of operation includes one or
1513 § 1 (Exh.A)(part), 2000) more of the following characteristics:
A. Retail motor fuel is sold;
18.04.430 Conditional use permit. B. The primary business is the sale of food or
"Conditional use permit"means legal authoriza- drink for consumption, either on or off premises,
tion to construct,develop or operate a conditional use over a counter,or from an outdoor service window or
as defined by this title.(Ord. 1516(part),2000:Ord. automobile service window. Of the food or drink
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), sold,at least twenty percent is in disposable or carry-
2000) out containers;
C. Drive-in and drive-through restaurants.(Ord.
18.04.440 Condominium. 1516(part),2000:Ord. 1514(part),2000: Ord. 1513
"Condominium" means a building or group of § 1 (Exh.A) (part),2000)
buildings in which units are owned individually and
the structure,common areas and facilities are owned 18.04.465 Cooperative household.
by all owners on a proportional, undivided basis. "Cooperative household" means five or more
Condominiums may be residential, commercial or persons who are granted a conditional use permit as a
industrial in nature. (Ord. 1516 (part), 2000: Ord. cooperative household pursuant to the terms of
(Bowmen 11-01) 306
18.04.470-18.04.515
Chapter 18.53 of this title. A cooperative household which is registered by the state of Montana. (Ord.
exhibits four or more of the following characteristics: 1516(part),2000:Ord. 1514(part),2000:Ord. 1513
1. A shared strong bond or common commitment § 1 (Exh. A)(part),2000)
to a single purpose, such as members of a religious
order; 18.04.500 Density,gross.
2. Are not legally dependent on others not living "Gross density"means the number of residential
with them; dwelling units per unit of land. (Ord. 1516 (part),
3. Can establish legal "domicile" as defined by 2000:Ord. 1514(part),2000:Ord. 1513 § 1(Exh.A)
state law; (part), 2000)
4. Share a single household budget;
5. Share in the work of maintaining the premises; 18.04.510 Density,net residential.
6. Legally share in the ownership or possession "Net residential density" means the number of
ofthe premises,e.g.,tenants in common on a deed or residential dwelling units per unit of land,excluding
cosigners of a single lease; any land used or to be used as arterial streets rights-
7. The relationship must be of a permanent and of-way or private nonresidential uses.For calculating
distinct character with a demonstrable and net residential density, the following formula shall
recognizable bond characteristic of a cohesive unit. apply:
Cooperative housing does not mean any society,
club, fraternity, sorority, association, lodge, D= du
organization or group of students or other individuals A-(c+i+s+a)
with a common living arrangement or whose basis
for the establishment of the housekeeping unit is Where D= Residential density
temporary.(Ord. 1516(part),2000:Ord. 1514(part), du= Total number of dwelling
2000: Ord. 1513 § 1 (Exh.A)(part),2000) units in project
A= Total site area(acres)
18.04.470 Day care center. c= Total commercial land area
"Day care center"means a place in which supple- (acres)
mental care is provided to thirteen or more non- i= Total industrial land area
resident persons on a regular basis and which is (acres)
licensed by the state of Montana. (Ord. 1516 (part), s= Reserved but undedicated
2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A) school or park sites(acres)
(part), 2000) a= Street, public or private,
rights-of-way and easements
18.04.480 Day care home,family. (acres)
"Family day care home"means a private residence (Ord. 1516(part),2000:Ord.1514(part),2000:Ord.
in which supplemental care is provided to three to 1513 § 1 (Exh.A)(part),2000)
six nonresident persons from separate families on a
regular basis and which is registered by the state of 18.04.515 Design review.
Montana. (Ord. 1516(part),2000: Ord. 1514(part), "Design review"means the aesthetic evaluation of
2000: Ord. 1513 § I (Exh.A)(part),2000) certain development proposals, including those
located in the neighborhood conservation overlay
18.04.490 Day care home,group. district, entryway overlay district, and all planned
"Group day care home"means a private residence unit developments, relative to architectural, site,
in which supplemental care is provided to seven to landscape, environmental, urban, and other design
twelve nonresident persons on a regular basis and matters as specified in this title. (Ord. 1516 (part),
307 (auzemen 11-01)
18.04.520-18.04.590
2000:Ord. 1514(part),2000:Ord. 1513 § I (Exh.A) 1516(part),2000:Ord. 1514(part),2000:Ord. 1513
(part),2000) § 1 (Exh.A)(part),2000)
18.04.520 Design review board. 18.04.550 Deviation.
"Design review board"means that board appoint- "Deviation" means a modification of physical
ed by the city commission, charged with the design standards of this title as applied to a specific piece of
review, as defined in this chapter, of certain plans property located within the neighborhood conserva-
and proposals as specified in this title.The organiza- tion overlay district or entryway corridor overlay
tion, composition and procedures of the design district. A deviation may be permitted only by the
review board are subject to the requirements of city commission.(Ord. 1516(part),2000:Ord. 1514
Chapter 18.51. (Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A)(part),2000)
(part),2000: Ord. 1513 § 1 (Exh.A) (part),2000)
18.04.560 Drive access.
18.04.530 Development. "Drive access"means that area between the curb
"Development" means any man made change to of a street,or edge of the traveled portion of a street
improve or alter real estate,including but not limited when no curb exists, and the right-of-way/property
to, buildings or other structures, mining, dredging, line over which the city will permit vehicular travel
filling, grading, paving, excavation or drilling from the traveled portion of a street to an individual
operations.(Ord. 1516(part),2000:Ord. 1514(part), property, or off-street parking space(s). (Ord. 1516
2000: Ord. 1513 § I (Exh.A)(part), 2000) (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
(Exh.A)(part),2000)
18.04.540 Development review committee.
A. "Development review committee"means that 18.04.570 Drive-in business.
committee charged with the expressed intent of "Drive-in business"means any business in which
reviewing all plans and proposals. people are provided a service or a product, where a
B. The committee shall at a minimum be com- sale is made without the customer being required to
posed of the following personnel: director of public leave the vehicle. Such businesses include, but are
service or designee, fire marshal or designee, the not limited to,the following: drive-in theater,drive-
superintendent of streets/sanitation or designee, the in bank, freestanding automated teller machine,
superintendentofwater/sewer or designee,thedirec- drive-in laundry or dry cleaning pickup station,
for of the office of planning and community drive-in restaurant, and any business offering take-
development or designee,and the building official or home food services. (Ord. 1516 (part), 2000: Ord.
designee. When necessary, other members of the 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
committee may include:the police chief or designee, 2000)
the superintendent of parks/cemetery or designee,the
recreation superintendent or designee, the city 18.04.580 Duplex.
manager or designee, with other individuals to be See definition of dwelling,two-household,Section
included as necessary at the planning director's 18.04.610.(Ord. 1516(part),2000:Ord. 1514(part),
request. 2000: Ord. 1513 § I (Exh.A) (part),2000)
C. When applicable, the committee may solicit
the input ofnoncity agencies and persons including, 18.04.590 Dwelling.
but not limited to, the county subdivision review "Dwelling"means a building, or portion thereof,
officer or designee,the county sanitarian or designee, capable of meeting the requirements of the city's
the county road superintendent or designee, with adopted Uniform Building Code, used primarily for
other individuals to be included as necessary. (Ord. residential occupancy, including single-household,
(Bauman 11-01) 308
18.04.600-18.04.660
two-household, multiple-household dwellings and distribution lines and cables; local service cable
group homes, but not including hotels, motels, television lines; local service electronic data
extended stay lodgings,or tourist homes.(Ord. 1516 transmission lines and cables; water and sanitary
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1 sewer distribution and collection lines; public and
(Exh.A)(part),2000) amateur radio antennae and towers. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
18.04.600 Dwelling,single-household. (Exh. A)(part),2000)
"Single-household dwelling" means a building
used for residential occupancy by one household. 18.04.650 Essential services (Type II).
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. "Essential services(Type II)"means transport gas,
1513 § 1 (Exh.A)(part),2000) oil and coal pipelines (interstate and intrastate);
electric substations; electrical transmission lines
18.04.610 Dwelling,two-household. (interstate and intrastate); public supply facilities
"Two-household dwelling" means a building, or (electric and gas);public treatment facilities(water,
portion thereof, used for occupancy by two sanitary sewer and storm sewer); telephone satellite
households living independently of each other with community dial offices; telephone exchanges and
the units completely separated by a common wall, repeater stations; except those facilities which may
floor and/or ceiling. Also referred to as "duplex." be considered large scale broadcast facilities and
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. small scale broadcast facilities; other accessory
1513 § 1 (Exh.A)(part),2000) facilities, equipment and structures; police and fire
stations. (Ord. 1516 (part), 2000: Ord. 1514 (part),
18.04.620 Dwelling,multiple(multi-house- 2000: Ord. 1513 § 1 (Exh.A)(part), 2000)
hold).
"Multiple (multi-household) dwelling" means a 18.40.653 Extended stay lodgings.
building, or portion thereof, used for occupancy by `Extended stay lodgings" means guest rooms
three or four households living independently of each intended or designed to be used, or which are used,
other, with the units completely separated by a rented, or hired out to be occupied, or which are
common wall,floor and/or ceiling.(Ord. 1516(part), occupied for sleeping purposes for guests and contain
2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A) kitchen facilities for food preparation including but
(part),2000) not limited to such facilities as refrigerators,stoves,
and ovens. Generally an individual guest will not
18.04.630 Dwelling unit. exceed thirty days stay.(Ord. 1516(part),2000:Ord.
"Dwelling unit" means a dwelling,or portion of a 1514(part),2000
dwelling, used by one household for residential
purposes. (Ord. 1516(part),2000: Ord. 1514(part), 18.04.655 FAA.
2000: Ord. 1513 § 1 (Exh.A)(part),2000) "FAA" means the Federal Aviation
Administration. (Ord. 1516 (part), 2000: Ord. 1514
18.04.640 Essential services(Type 1). (part),2000: Ord. 1513 § 1 (Exh.A)(part),2000)
"Essential services(Type I)"means water pump-
ing stations;stormwater drainage facilities(including 18.04.660 Family.
collection lines,retention/detention ponds and drain- See Section 18.04.845,Household.
age ways); sanitary sewer and storm sewer lift sta- (Ord. 1516(part),2000: Ord. 1514 (part), 2000:
tions;public domestic water storage facilities;water Ord. 1513 § I (Exh.A)(part), 2000)
fill stations for fire fighting equipment; local service
telephone lines and cables; local service electrical
309 (Bowman 1101)
18.04.665-18.04.760
18.04.665 FCC. 1516(part),2000:Ord. 1514(part),2000:Ord. 1513
"FCC" means the Federal Communications § 1 (Exh.A)(part),2000)
Commission. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 § 1 (Exh.A)(part),2000) 18.04.730 Garage, private.
"Private garage" means a detached accessory
18.04.670 Fence. building, or portion of a main building, designed or
"Fence"means a barrier constructed of materials primarily used for the storage of self-propelled
erected for the purpose of protection, confinement, vehicles for the household housed in the building to
enclosure or privacy. (Ord. 1516 (part), 2000: Ord. which such garage is accessory. (Ord. 1516 (part),
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), 2000:Ord. 1514(part),2000:Ord. 1513 § 1(Exh.A)
2000) (part), 2000)
18.04.690 Floodplain. 18.04.740 Garage,public.
All floodplain-related definitions can be found in "Public garage"means any building or premises,
Chapter 18.44, flood hazard district, of this title, except those defined herfin as a private garage,used
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. for the storage or care of motor vehicles; or where
1513 § 1 (Exh.A)(part),2000) such vehicles are equipped for operation,repaired,or
kept for rental,hire or sale.(Ord. 1516(part),2000:
18.04.700 Floor area,gross. Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A)
"Gross floor area" means the sum of the gross (part), 2000)
horizontal areas of the several floors of a building
measured from the exterior face of exterior walls,or 18.04.750 Grade.
from the centerline of a wall separating two build- "Grade"means the lowest point of elevation of the
ings, but not including interior parking spaces,load- finished surface of the ground between the exterior
ing space for motor vehicles,or any space where the wall of a building and a point five feet distance from
floor-to-ceiling height is less than six feet. (Ord. the wall, or the lowest point of elevation of the
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 finished surface of the ground between the exterior
§ 1 (Exh.A)(part),2000) wall of the building and the property line if it is less
than five feet distance from the wall. If walls are
18.04.710 Floor area,net. parallel to and within five feet of a public sidewalk,
"Net floor area"means the total of all floor areas alley or other public way, the grade shall be the
of a building, excluding stairwells and elevator elevation of the sidewalk,alley or public way. "Fin-
shafts, equipment rooms, interior vehicular parking ished surface of the ground" shall not include win-
or loading; and all floors below the first or ground dow wells, stairwells, or other similar features, but
floor, except when used or intended to be used for shall include features such as usable patio areas.
human habitation or service to the public.(Ord. 1516 (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1 1513 § 1 (Exh.A)(part), 2000)
(Exh. A)(part),2000)
18.04.760 Greenhouse.
18.04.720 Floor area ratio (FAR). "Greenhouse"means a building or structure con-
"Floor area ratio (FAR)" means the gross floor strutted chiefly of glass,glass-like translucent mate-
area expressed in square feet divided by the total rial, cloth, lath or similar materials which is devoted
amount of land of the site or parcel,also expressed in to the protection or cultivation of flowers or other
square feet, where the floor area is located. (Ord. plants. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 § 1 (Exh. A) (part), 2000)
(Bowman 11-01) 310
18.04.770-18.04.845
18.04.770 Greenhouse,commercial. title.(Ord. 1516(part),2000:Ord. 1514(part),2000:
See definition of nursery, plant, Section Ord. 1513 § 1 (Exh. A)(part),2000)
18.04.1200. (Ord. 1516 (part), 2000: Ord. 1514
(part),2000: Ord. 1513 § 1 (Exh.A)(part),2000) 18.04.830 Hospital.
"Hospital"means an institution for the diagnosis,
18.04.780 Ground floor area. treatment, or other cure of human ailments and
"Ground floor area"means the square foot area of includes sanitarium or clinic,provided such institu-
a building within its largest outside dimension com- tion is operated by,or treatment is given,under direct
puted on a horizontal plane at the ground floor level, supervision of a physician licensed to practice by the
exclusive of open porches, breezeways, terraces, state of Montana.(Ord. 1516(part),2000:Ord. 1514
garages,exterior stairways and secondary stairways. (part), 2000: Ord. 1513 § 1 (Exh.A)(part), 2000)
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
1513 § 1 (Exh.A)(part),2000) 18.04.840 Hotel or motel.
"Hotel or motel" means a building or a group of
18.04.800 Guest house. buildings, in which lodging is provided and offered
"Guest house" means an attached or detached to transient guests for compensation; shall not in-
accessory building within 100 feet of the principal clude a boarding house, extended stay lodgings,
building and less than 600 square feet in floor area lodging house or rooming house.(Ord. 1516(part),
used to house guests of the occupants of the principal 2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A)
building, and which is never rented or offered for (part),2000)
rent. Any guest house providing cooking facilities
shall be considered a dwelling unit.(Ord. 1516(part), 18.04.845 Household.
2000:Ord. 1514(part),2000:Ord. 1513 § 1(Exh.A) "Household"means a person living alone, or any
(part), 2000) of the following groups living together as a single
nonprofit housekeeping unit and sharing common
18.04.810 Health and exercise establishments. living,sleeping, cooking and eating facilities:
"Health and exercise establishments" means an A. Any number of people related by blood,
establishment designed and equipped for the conduct marriage, adoption, guardianship or other duly-
of sports,exercise activities,and other customary and authorized custodial relationship;
usual recreational activities, including tennis, rac- B. Not more than four unrelated people,
quetball, handball and squash courts, weight and including persons enrolled in an institution of higher
aerobic exercise rooms,running facilities,swimming learning;
pools, and whirlpool and sauna facilities. Permitted C. Two unrelated people and any children related
accessory uses shall include child care, sun tanning to either of them;
booths, massage, health and nutrition counseling D. Not more than four people who are:
services,retail sales of sporting goods,and restaurant 1. Residents of a "Community Residential
services. (Ord. 1516 (part), 2000: Ord. 1514 (part), Facility"as defined in Section 76-2411,MCA et seq
2000: Ord. 1513 § 1 (Exh.A)(part),2000) and this ordinance; or
2. "Handicapped"as defined in the Fair Housing
18.04.820 Home occupation or profession. Act, 42 U.S.C. Section 3602 (h). This definition
"Home occupation or profession"means any use does not include those persons currently illegally
which is incidental and secondary to the use of the using or addicted to a "controlled substance" as
dwelling, and its associated land, for residential defined in the Controlled Substances Act, 21 U.S.C.
purposes and which meets the requirements of this Section 802 (6).
311 (Bozeman 11-01)
18.04.850-18.04.910
"Household"does not include: (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
1. Any society, club, fraternity, sorority, 1513 § 1 (Exh.A)(part),2000)
association, lodge, combine, federation, coterie,
cooperative housing, or like organization; 18.04.885 Large scale broadcast facility.
2. Any group of individuals whose association is "Large scale broadcast facility" means a facility,
temporary or seasonal in nature;' twenty feet or greater in height from the base to the
3. Any group of individuals who are in a group highest point including attachments, designed and
living arrangement as a result of criminal offenses. constructed specifically to support one or more
(Ord. 1531 § 3,2001: Ord. 1516(part),2000): Ord. antennae and may include a monopole, self
1514 (part),2000) supporting(lattice)tower,guy-wire supported tower,
and other similar structures and/or a facility
18.04.850 Incidental. broadcasting in the electromagnetic spectrum with
"Incidental" means any action or use of less one thousand watts or greater effective radiated
importance,or secondary to,any other action or use. power. When calculating the height of a facility,
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. other structures designed for other uses such as office
1513 § 1 (Exh.A)(part),2000) buildings or water towers shall not be included in the
calculation. (Ord. 1516 (part), 2000: Ord. 1514
18.04.860 Industry,heavy. (part),2000: Ord. 1513 § 1 (Exh.A)(part),2000)
"Heavy industry" means those industries whose
processing of products results in the emission of any 18.04.890 Loading and unloading bays.
atmospheric pollutant, light flashes, or glare, odor, "Loading and unloading bays"means the off-street
noise or vibration which may be heard and/or felt off area required for the receipt of or distribution, by
the premises and those industries which constitute a vehicles, of material or merchandise. (Ord. 1516
fire or explosion hazard. (Ord. 1516 (part), 2000: (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (Exh. A)(part),2000)
(part),2000)
18.04.900 Lodging house.
18.04.870 Industry,light. "Lodging house"means a building with more than
"Light industry" means those industries whose two but not more than ten guest rooms where lodging
processing of products results in none of the condi- with or without meals is provided for compensation.
tions described for heavy industry.(Ord. 1516(part), Also referred to as a boarding house. (Ord. 1516
2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A) (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
(part),2000) (Exh.A)(part), 2000)
18.04.880 Junkyard. 18.04.910 Lot.
"Junkyard" means any place at which personal "Lot"means a piece,parcel,plot, tract or area of
property is or may be salvaged for reuse, resale, or land occupied or capable of being occupied by one or
reduction or similar disposition and is owned, pos- more principal buildings,and the accessory buildings
sessed,collected,accumulated,dismantled or sorted, or uses customarily incidental to them,and including
including but not limited to: use of salvaged base the open spaces required under this title, and having
metal or metals, their compounds or combinations; its principal lot frontage on a street. (Ord. 1516
used or salvaged rope, bags, rags, glass, rubber, (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § I
lumber, millwork, brick, automobiles and similar (Exh.A)(part),2000)
property which are used,owned or possessed for the
purpose of wrecking or salvaging parts therefrom.
(sozemzn 11-01) 312
18.04.920-18.04.1060
18.04.920 Lot area. 18.04.990 Lot line,rear.
"Lot area"means the total horizontal area within A lot line which is opposite and most distant from
the boundary lines of a lot.(Ord. 1516(part), 2000: the front lot line and, in the case of an irregular or
Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) triangular shaped lot, a line ten feet in length within
(part),2000) the lot,parallel to and at the maximum distance from
the front lot line. (Ord. 1516(part),2000: Ord. 1514
18.04.930 Lot, corner. (part), 2000: Ord. 1513 § 1 (Exh.A)(part),2000)
A lot at a junction of and fronting on two or more
intersecting streets. (Ord. 1516 (part), 2000: Ord. 18.04.1000 Lot line,side.
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), Any lot boundary line not a front lot line or a rear
2000) lot line. (Ord. 1516 (part), 2000: Ord. 1514 (part),
18.04.940 Lot,interior. 2000: Ord. 1513 § 1 (Exh.A)(part),2000)
A lot other than a comer or through lot.(Ord. 1516 18.04.1010 Lot line,zero.
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1 A concept utilized to permit a wall of a building to
(Exh.A)(part),2000) be located on a property line. (Ord. 1516 (part),
2000:Ord. 1514(part),2000:Ord. 1513 § I (Exh.A)
18.04.950 Lot,through. (part),2000)
A lot having frontage on two parallel or approxi-
mately parallel streets.(Ord. 1516(part),2000: Ord. 18.04.1020 Lot width.
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), The distance as measured in a straight line, be-
2000) tween side lot lines at the points of intersection with
the required front building line. (Ord. 1516 (part),
18.04.960 Lot coverage. 2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A)
The percentage of the lot area covered by build- (part) 2000)
ings.(Ord. 1516(part),2000:Ord. 1514(part),2000:
Ord. 1513 § 1 (Exh. A)(part),2000) 18.04.1030 Manufactured home.
See definition of mobile home, Section
18.04.970 Lot depth. 18.04.1090. (Ord. 1516 (part), 2000: Ord. 1514
The horizontal distance of a line measured at a
(per)' 2000: Ord. 1513 § 1 (Exh.A)(part),2000)
right angle to the front lot line and running between
the front lot line and rear lot line of a lot.(Ord. 1516 18.04.1040 Manufacturing.
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1 The creation of products either with machinery or
(Exh. A)(part), 2000) by hand according to an organized plan and with the
division of labor.(Ord. 1516(part),2000:Ord. 1514
18.04.980 Lot line,front. (part), 2000: Ord. 1513 § 1 (Exh.A)(part), 2000)
In the case of an interior lot,a line separating the
lot from the street; in the case of a comer lot, a line 18.04.1050 Manufacturing,light.
separating the narrowest street frontage of the lot Fabrication of and/or assembly of goods from
from the street;and in the case of a through lot,a line previously prepared materials. (Ord. 1516 (part),
separating the lot from the street from which a drive 2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A)
access may be permitted by the city. (Ord. 1516 (part),2000)
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § I
(Exh.A)(part), 2000) 18.04.1060 Master plan.
"Master plan" means the 1990 Bozeman master
plan update with all subsequent amendments or the
313 (Bowman 11A1)
18.04.1070-18.04.1150
most recent document adopted by the city of within a mobile home park designed for the accom-
Bozeman which complies with the requirements of modation of one mobile home. (Ord. 1516 (part),
Section 76-1-601, MCA et seq. The approval of an 2000:Ord. 1514(part),2000:Ord. 1513 § I(Exh.A)
amendment to a previously approved growth policy (part),2000)
does not invalidate those sections not amended.(Ord.
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 18.04.1120 Mobile home stand.
§ 1 (Exh.A)(part),2000) "Mobile home stand" means that portion of an
individual mobile home space which has been re-
18.04.1070 Medical offices,clinics served for the placement of a mobile home and
and centers. structures or additions appurtenant to the mobile
An establishment where patients are admitted for home. (Ord. 1516 (part), 2000: Ord. 1514 (part),
special study and treatment by licensed health care 2000: Ord. 1513 § 1 (Exh.A) (part),2000)
professionals. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 § 1 (Exh.A)(part),2000) 18.04.1130 Mobile office.
"Mobile office"means a factory-assembled struc-
18.04.1080 Mining. ture or structures exceeding eight feet in width,
The extraction of sand, gravel, or other material originally equipped with the necessary service con-
from the land in the amount of four hundred cubic nections, and originally made so as to be readily
yards or more and the removal thereof from the site movable as a unit or units on its(their)own running
without processing. (Ord. 1516 (part), 2000: Ord. gear and designed to be used as an office without a
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), permanent foundation, in compliance with all
2000) applicable state regulations, whether or not the
running gear has been removed. (Ord. 1516 (part),
18.04.1090 Mobile home. 2000:Ord. 1514(part),2000:Ord. 1513 § 1(Exh.A)
"Mobile home"means a factory-assembled struc- (part),2000)
ture or structures, exceeding eight feet in width,
originally equipped with the necessary service con- 18.04.1140 Model home.
nections and originally made so as to be readily "Model home" means a home constructed to
movable as a unit or units on its(their)own running display a builder's for sale or lease units but which
gear and designed to be used as a dwelling unit(s) does not serve as a dwelling unit until sold as a
without a permanent foundation, whether or not the residence.(Ord. 1516(part),2000:Ord. 1514(part),
running gear has been removed. (Ord. 1516 (part), 2000: Ord. 1513 § 1 (Exh.A)(part),2000)
2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A)
(part), 2000) 18.04.1150 Modular or sectional home.
"Modular or sectional home" means a dwelling
18.04.1100 Mobile home park unit mass produced in a factory, designed and con-
"Mobile home park" means any plot of ground structed for transportation to a site for occupancy
upon which two or more mobile homes,occupied or when connected to the required utilities and when
intended to be occupied for dwelling or sleeping permanently anchored to a permanent foundation,
purposes, are located. (Ord. 1516(part),2000: Ord. and whether intended for use as an independent,
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), individual unit or in combination with other units to
2000) form a larger building.(Ord. 1516(part),2000:Ord.
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
18.04.1110 Mobile home space. 2000)
"Mobile home space" means a plot of ground
(B�11-01) 314
18.04.1160-18.04.1250
18.04.1160 New construction.
"New construction" means development com- 18.04.1210 Offices.
menced on or after the effective date of the ordinance "Offices" means structures, or portions of struc-
codified in this title. (Ord. 1516 (part), 2000: Ord. tures, in which commercial activities take place but
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), where goods are not produced, sold or repaired.
2000) These include: general and professional offices;
governmental offices; insurance offices; real estate
18.04.1170 Noxious matter or material. offices; taxi-cab offices(but not taxi stands); travel
"Noxious matter or material" means material agency or transportation ticket offices; telephone
capable of causing injury to living organisms by exchange; utility offices; radio broadcasting and
chemical reaction or capable of causing detrimental similar uses. (Ord. 1516 (part), 2000: Ord. 1514
effects on the physical or economic well-being of (part), 2000: Ord. 1513 § 1 (Exh.A)(part),2000)
individuals. (Ord. 1516 (part), 2000: Ord. 1514
(part),2000: Ord. 1513 § 1 (Exh.A)(part), 2000) 18.04.1220 Open sales(or rental) lot.
"Open sales(or rental)lots"means any land used
18.04.1175 Nonbroadcast telecommunication or occupied for the purpose of buying, selling or
facility. renting for use away from the premises, any goods,
A facility used for the transmission or enhance- materials or merchandise,and for the exterior storing
ment of telecommunications which does not include of same prior to sale or rental. (Ord. 1516 (part),
the presence of antennas, as defined in this title. A 2000:Ord. 1514(part),2000;Ord. 1513 § 1 (Exh.A)
nonbroadcast telecommunication facility does not (part), 2000)
include office use,materials storage,or other similar
uses.(Ord. 1526 § 1,2000) 18.04.1230 Open space,useable.
That space which is capable of being used by the
18.04.1180 Nonconforming use. public for recreation,relaxation and social purposes.
See definition of use, nonconforming, Section Parking lots and perimeter landscaping are
18.04.1700. (Ord. 1516 (part), 2000: Ord. 1514 specifically excluded from this definition of useable
(part),2000: Ord. 1513 § 1 (Exh.A)(part),2000) open space,except as allowed by Section 18.54.100.
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
18.04.1190 Nursing home. 1513 § I (Exh.A)(part),2000)
"Nursing home"means an extended or intermedi-
ate care facility licensed or approved to provide full- 18.04.1240 Overlay zone.
time convalescent or chronic care to individuals who, "Overlay zone"means a zone superimposed upon
by reason of advanced age, chronic illness or an underlying zone which establishes special re-
infirmity, are unable to care for themselves. (Ord. quirements in addition to, or in lieu of, those of the
1516(part),2000:Ord. 1514(part),2000: Ord. 1513 underlying zone.(Ord. 1516(part),2000:Ord. 1514
§ 1 (Exh.A)(part),2000) (part), 2000: Ord. 1513 § 1 (Exh.A)(part),2000)
18.04.1200 Nursery,plant. 18.04.1250 Parking area.
"Plant nursery" means facilities for commercial "Parking area"means an area, other than a street
development,growth and sale of plants and/or for the or alley designated for use, or used, as temporary
utilization of and storage of equipment for land- parking of vehicles. (Ord. 1516 (part), 2000: Ord.
scaping operation and wholesale and/or retail or 1514 (part),2000:Ord. 1513 § 1 (Exh. A)(part),
commercial gardening supplies. (Ord. 1516 (part), 2000)
2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A)
(part), 2000)
315 (Boumm 11-01)
18.04.1260-18.04.1360
18.04.1260 Parking space,off-street. (part),2000)
"Parking space, off-street"means a space desig-
nated for the temporary parking of a motor vehicle 18.04.1320 Property,personal.
not on the right-of-way or alley but accessible from a "Personal property" means property, other than
street or alley. (Ord. 1516 (part), 2000: Ord. 1514 real property, consisting of things temporal and
(part), 2000: Ord. 1513 § 1 (Exh:A)(part),2000) movable. (Ord. 1516(part), 2000: Ord. 1514(part),
2000: Ord. 1513 § 1 (Exh.A)(part), 2000)
18.04.1270 Party wall.
"Party wall" means any wall of a building or 18.04.1330 Property,real.
structure which is common to two ormore buildings, "Real property" means property consisting of
and which has a minimum of one-hour fire-resistant buildings and/or land.(Ord. 1516 (part),2000: Ord.
construction as defined and regulated by the latest 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
adopted Uniform Building Code. (Ord. 1516 (part), 2000)
2000:Ord. 1514(part),2000:Ord. 1513 § 1(Exh.A)
(part),2000) 18.04.1340 Recreational vehicle.
"Recreational vehicle" means a vehicular type
18.04.1280 Paved parking space or surface. portable structure without permanent foundation,
"Paved parking space or surface" means an area which can be towed, hauled or driven, primarily
covered by an impervious dust free surface of asphalt designed as temporary living accommodation for
or concrete designed to specifications of the director recreational, camping and travel use and including
of public service.(Ord. 1516(part),2000:Ord. 1514 but not limited to travel trailers, truck campers,
(part),2000: Ord. 1513 § 1 (Exh.A)(part),2000) camping trailers and self-propelled motor homes less
than eight feet in width and thirty-three feet in length.
18.04.1290 Personal and convenience (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
services. 1513 § 1 (Exh.A)(part),2000)
"Personal and convenience services"means busi-
nesses offering services such as barbershops,beauty 18.04.1350 Recreational vehicle park.
shops, shoe repair, laundromats, laundry and dry "Recreational vehicle park" means a plot of
cleaning pickup and delivery stations, and similar ground upon which two or more sites are located,
uses.(Ord. 1516(part),2000:Ord. 1514(part),2000: established or maintained for occupancy by the
Ord. 1513 § 1 (Exh.A)(part), 2000) general public as temporary living quarters for travel,
recreation or vacation purposes. (Ord. 1516 (part),
18.04.1300 Persons. 2000:Ord. 1514(part),2000:Ord. 1513 § I (Exh.A)
"Persons" means and includes any individual or (part),2000)
group of individuals, corporations, partnerships,
associations, or any other organized group of per- 18.04.1360 Research laboratory.
sons, including state and local governments and "Research laboratory"means an establishment or
agencies thereof.(Ord. 1516(part),2000:Ord. 1514 facility for carrying on investigation in the natural,
(part),2000: Ord. 1513 § 1 (Exh.A)(part),2000) physical or social sciences, or engineering and de-
velopment as an extension of investigation with the
18.04.1310 Planning director. objective of creating end products.(Ord. 1516(part),
"Planning director" means the director of the 2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A)
Bozeman office of planning and community (part),2000)
development and the person charged with the
administration of this title. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A)
(Bowmen 11-01) 316
18.04.13 70-18.04.1465
18.04.1370 Restaurant. 18.04.1420 Setback line.
"Restaurant' means any restaurant(except a drive- "Setback line" means that line that is required
in restaurant or a convenience food restaurant as minimum distance from the street right-of-way or
defined in this chapter),coffee shop,cafeteria,short- public access easement line or any other lot line that
order cafe,luncheonette, sandwich stand,drugstore, establishes the area within which structures must be
and soda fountain serving food. (Ord. 1516 (part), placed, as specified in this title. (Ord. 1516 (part),
2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A) 2000:Ord. 1514(part),2000:Ord. 1513 § 1(Exh.A)
(part),2000) (part),2000)
18.04.1380 Retail. 18.04.1430 Sewer,public.
"Retail" means the sale of tangible personal "Public sewer" means any sanitary sewer line
property for any purpose other than for resale.(Ord. owned and maintained by the city, whether or not
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 installed by the city. (Ord. 1516 (part), 2000: Ord.
§ 1 (Exh.A)(part),2000) 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
18.04.1390 Right-of-way. 2000)
A public way established or dedicated for public 18.04.1440 Sewer system,community.
purposes by duly recorded plat,deed,grant,govern- "Community sewer system" means any sanitary
mental authority or by operation of the law. (Ord, sewer system,whether treatment plant,septic tank or
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 lagoon designed with a sewer collection system to be
§ 1 (Exh.A)(part),2000) used by a legally constituted association of property
owners. The system may or may not be a public
18.04.1400 School. system. (Ord. 1516 (part), 2000: Ord. 1514 (part),
"School" means (1) any pre-primary, primary or 2000: Ord. 1513 § 1 (Exh.A)(part),2000)
grammar, public, parochial or private school, high
school;(2)preparatory school or academy,public or 18.04.1450 Sign.
founded, or owner or conducted by or under the Sign-related definitions can be found in Chapter
sponsorship of religious or charitable organization; 18.65,sign code,of this title.(Ord.1516(part),2000:
(3)private preparatory school or academy furnishing Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A)
courses of instruction substantially equivalent to the (part),2000)
courses offered by public high schools for prepara-
tion of admission to college or universities which 18.04.1460 Site plan.
award B.A. or B.S. degrees; (4) junior college or "Site plan" means a scale drawing showing the
university, public or founded or conducted by or accurate location of all structures,streets,alleys,and
under the sponsorship of a religious or charitable parking areas existing and proposed on subject
organization; or (5) private school when not con- property or any other information as may be required
ducted as a commercial enterprise for the profit of by this title. (Ord. 1516 (part), 2000: Ord. 1514
individual owners or stockholders.(Ord. 1516(part), (part),2000: Ord. 1513 § 1 (Exh.A)(part),2000)
2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A)
(part),2000) 18.04.1465 Small scale broadcast facility
"Small scale broadcast facility"means a facility,less
18.04.1410 Screening. than twenty feet in height from base to the highest
"Screening"means a solid or nearly solid barrier point including attachments, designed and
(i.e, wall, fence, plantings)constructed or installed constructed specifically to support one or more
for the purpose of visual separation. (Ord. 1516 antennae and may include a monopole, self
(part), 2000: Ord. 1514(part), 2000: Ord. 1513 § 1 supporting(lattice)tower,guy-wire supported tower,
(Exh. A)(part),2000) and other similar structures and/or a facility
broadcasting in the electromagnetic spectrum with
317 (Bozeman 11-01)
18.04.1470-18.04.1560
less than one thousand watts effective radiated 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
power.When calculating the height of a facility other 2000)
structures designed for other uses such as office
buildings or water towers shall not be included in the 18.04.1500 Street,arterial.
calculation.This definition excludes private,receive "Arterial street" means a street so designated in
only,antennae such as for the reception of television the Bozeman area master plan. (Ord. 1516 (part),
signals. (Ord. 1516 (part), 2000: Ord. 1514 (part), 2000:Ord. 1514(part),2000:Ord. 1513 § I (Exh.A)
2000: Ord. 1513 § I (Exh.A)(part),2000) (part),2000)
18.04.1470 Spa. 18.04.1510 Street,collector.
See definition of health and exercise establish- "Collector street"means a street so designated in
ments, Section 18.04.810. (Ord. 1516 (part), 2000: the Bozeman area master plan. (Ord. 1516 (part),
Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) 2000:Ord. 1514(part),2000:Ord. 1513§ 1(Exh.A)
(part),2000) (part),2000)
18.04.1475 Stable,commercial. 18.04.1520 Street,local.
A"commercial stable"is an agricultural activity. "Local street"means a street designed to provide
(Ord. 1516(part),2000: Ord. 1514(part),2000) vehicular access to abutting properties and to dis-
courage through traffic.(Ord. 1516(part),2000:Ord.
18.04.1480 Stable,private. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
"Private stable"means any building located on a 2000)
lot which is designed, arranged, used or intended to
be used for not more than four horses for the private 18.04.1530 Street frontage.
use of the owner of the lot, but shall not exceed six "Street frontage"means any property line separat-
thousand square feet in area.(Ord. 1516(part),2000: ing a lot from a street;the front lot line. (Ord. 1516
Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
(part),2000) (Exh.A)(part),2000)
18.04.1485 Stealth or camouflaged. 18.04.1540 Street,public.
"Stealth or camouflaged" means placement of a "Public street" means any street which has been
telecommunications facility in such a way that it may dedicated or is otherwise publicly owned by the city.
not be discerned as being separate from the principal Any street not a public street shall be deemed a
use of a site. This may be accomplished through private street. (Ord. 1516 (part), 2000: Ord. 1514
visual screening, use of color, or encasement of the (per),2000: Ord. 1513 § 1 (Exh.A)(part),2000)
facility within an existing structure such as a steeple.
A stealth installation may also include the placement 18.04.1550 Structure.
of a new structure to contain the facility so long as "Structure"means anything constructed or erected
the new structure complies with the height, setback, Which requires location on the ground. (Ord. 1516
and other requirements of the zoning code or is (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
otherwise exempt from those requirements. (Ord. (Exh.A)(part), 2000)
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 18.04.1560 Structure,nonconforming.
§ 1 (Exh.A)(part),2000) "Nonconforming structure" means any structure
18.04.1490 Street. which was legal prior to the effective date of the
"Street"means a right-of-way,otherthan an alley, ordinance codified in this chapter which fails to
dedicated or otherwise legally established for public comply with the building location standards, and/or
use, usually affording the principal means of access size requirements of the applicable zone of this title
to abutting property. (Ord. 1516 (part), 2000: Ord. in which it is located. (Ord. 1516 (part),2000: Ord.
(Bowman 11-01) 318
18.04.1570-18.04.1650
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), 18.04.1610 Townhouse.
2000) "Townhouse"means a single-household dwelling
constructed as part of a series of dwellings, all of
18.04.1570 Structural alteration. which are either attached to the adjacent building
"Structural alteration" means any change in the and/or buildings by party walls, or are located im-
supporting members of a building, such as bearing mediately adjacent thereto without any visible sepa-
walls or partitions, columns, beams, or girders, or ration between walls or roof all of which dwellings
any change in the exterior walls or the roof. (Ord. may be located on individual and separate lots, if
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 individually owned, or upon a single lot, if under
§ 1 (Exh.A)(part),2000) common ownership. (Ord. 1516 (part), 2000: Ord.
18.04.1580 Subdivision or development 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
2000)
construction yard.
"Subdivision or development construction yard" 18.04.1620 Townhouse cluster.
means a temporary office and/or vehicular and mate- "Townhouse cluster"means a building consisting
rial storage yard.(Ord. 1516(part),2000: Ord. 1514 of three or more noncommunicating, attached one-
(part),2000: Ord. 1513 § 1 (Exh.A)(part),2000) household units placed side by side and/or back to
back,with no unit located over another,and having a
18.04.1590 Swap meet. common wall between each two adjacent dwelling
"Swap meet"means any permanent or temporary units. (Ord. 1516 (part), 2000: Ord. 1514 (part),
sales or lot where the sale or trade of goods,materials 2000: Ord. 1513 § 1 (Exh.A)(part),2000)
and merchandise takes place outside any permanent
structure, from within temporary structures or from 18.04.1630 Truck service station.
vehicles and where several sellers or traders may "Truck service station" means an occupancy
congregate for the purpose of selling or trading.(Ord. which provides especially for the servicing of trucks,
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 with incidental operations similar to those permitted
§ 1 (Exh.A)(part),2000) for automobile service stations. (Ord. 1516 (part),
18.04.1600 Swimming pools.
2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A)
(part)2000)
"Swimming pool" means either a portable or
permanent water container used for recreational pur- 18.04.1640 Truck stop.
poses which at its deepest point is over eighteen A. "Truck stop"means a facility for the servicing
inches and has a volume in excess of one hundred of diesel powered trucks and tractor trailers.A truck
fifty cubic feet of water. (Ord. 1516 (part), 2000: stop shall mean any one or more of the following:
Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) 1. Four or more diesel fuel dispensers;
(part), 2000) 2. Two or more bays for truck washing;
3. Facilities for diesel engine repair.
18.04.1605 Tower. B. Other uses present at the same facility such as
"Tower"means a structure greater than ten feet in convenience markets or restaurants shall not be
height designed and constructed specifically to determinative of whether or not the facility is a truck
support one or more antennae and may include a stop.(Ord. 1516(part),2000:Ord. 1514(part),2000:
monopole, self supporting(lattice)tower, guy-wire Ord. 1513 § 1 (Exh.A)(part), 2000)
supported tower, and other similar structures. A
tower does not include other buildings or structures 18.04.1650 Truck washing establishment.
designed for other uses such as a tall office building "Truck washing establishment" means a facility
or water tank. (Ord. 1516 (part), 2000: Ord. 1514 designed to primarily serve semi-trailer and tractor
(part), 2000: Ord. 1513 § 1 (Exh.A)(part),2000) travel as a place to have such vehicles cleaned.(Ord.
319 (Bozeman 11.01)
18.04.1660-18.04.1750
1516(part),2000: Ord. 1514(part),2000:Ord. 1513 located. (Ord. 1516 (part), 2000: Ord. 1514 (part),
§ 1 (Exh.A)(part),2000) 2000: Ord. 1513 § 1 (Exh.A)(part), 2000)
18.04.1660 Unit,efficiency. 18.04.1710 Use,permitted.
"Efficiency unit"means a dwelling unit containing "Permitted use" means a use which is lawfully
only one habitable room as defin6d and regulated by established in a particular district or districts and
the latest adopted Uniform Building Code. (Ord. which conforms with all requirements, regulations,
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 and performance standards of such district. A per-
§ 1 (Exh.A)(part),2000) mitted use may be a principal use, an accessory use,
or a conditional use. (Ord. 1516 (part), 2000: Ord.
18.04.1670 Use. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
"Use"means the employment or occupation of a 2000)
building, structure or land for a person's service,
benefit or enjoyment. (Ord. 1516(part), 2000: Ord. 18.04.1720 Use,principal.
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), "Principal use" means a use or structure which
2000) determines the predominant or major use ofthe lot on
which it is located.The principal use shall be that use
18.04.1680 Use,accessory. which establishes the character of the property
See definition of accessory building or use, Sec- relative to surrounding or adjacent properties. (Ord.
tion 18.04.030. (Ord. 1516 (part), 2000: Ord. 1514 1516(part),2000: Ord. 1514(part),2000:Ord. 1513
(part), 2000: Ord. 1513 § 1 (Exh.A)(part),2000) § I (Exh.A)(part),2000)
18.04.1690 Use,conditional. 18.04.1730 Use,temporary.
"Conditional use"means either a public or private "Temporary use" means a use established for a
use as listed in this title which,because of its unique fixed period of time with the intent to discontinue
characteristics, cannot be properly classified as a such use upon the expiration of the time period.(Ord.
principal use or accessory use in a particular district. 1516(part),2000: Ord. 1514(part),2000:Ord. 1513
After consideration in each case ofthe impact of such § 1 (Exh.A)(part),2000)
use upon neighboring land and of the public need for
the particular use at the particular location, a permit 18.04.1740 Variance.
for such conditional use may or may not be granted, "Variance" means a modification or variation of
with or without conditions, in addition to any the provisions of this title as applied to a specific
condition specifically stated in this title for any piece of property. No variance regarding use of
particular conditional use, including time limits, property shall be permitted.A variance may be per-
pursuant to the requirements of this title.(Ord. 1516 mitted only by the city commission. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § I
(Exh.A)(part),2000) (Exh.A)(part), 2000)
18.04.1700 Use,nonconforming. 18.04.1750 Variance,dimensional.
"Nonconforming use" means an existing use of "Dimensional variance"means departure from the
land or building which was legal prior to the effective terms of the zoning regulations pertaining to height
date of the ordinance codified in this title but which or width or structures and size of yard and open
fails to comply with the requirements set forth in this spaces where such departure will not be contrary to
title applicable to the zone in which such use is the public interest and where,owing to conditions
(B.�n 11-01) 320
18.04.1760-18.04.1840
peculiar to the property because of its size,shape or 18.04.1800 Wholesale establishment.
topography, and not as a result of the action of the "Wholesale establishment" means an establish-
applicant,the literal enforcement of the zoning regu- ment for the sale of goods and merchandise for resale
lations would result in unnecessary and undue hard- instead of for direct consumption.(Ord. 1516(part),
ship.(Ord. 1516(part),2000:Ord. 1514(part),2000: 2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A)
Ord. 1513 § 1 (Exh.A)(part), 2000) (part),2000)
18.04.1760 Veterinary clinic. 18.04.1810 Wrecldng yard.
See definition of animal hospital, Section "Wrecking yard"means a place, lot or area where
18.04.100.(Ord. 1516(part),2000:Ord. 1514(part), the primary function is that of dismantling, storage,
2000: Ord. 1513 § 1 (Exh. A)(part),2000) abandonment or sale of goods and materials as parts
or scraps.(Ord. 1516(part),2000: Ord. 1514(part),
18.04.1770 Warehouse. 2000: Ord. 1513 § 1 (Exh.A)(part), 2000)
"Warehouse" means an enclosed building de-
signed and used primarily for the storage of goods 18.04.1820 Yard.
and materials. (Ord. 1516 (part), 2000: Ord. 1514 "Yard" means a space on the same lot with a
(part), 2000: Ord. 1513 § I (Exh.A)(part),2000) principal building, which is open and unoccupied
from the ground upward or from the ground down-
18.04.1780 Warehouse, residential storage ward other than by steps,walks,terraces,driveways,
(mini-warehouse). lamp posts and similar structures, and unobstructed
"Residential storage warehouse(mini-warehouse)" by structures, except as otherwise provided in this
means a building or group of buildings in a con- title.(Ord. 1516(part),2000:Ord. 1514(part),2000:
trolled access and fenced or screened compound that Ord. 1513 § 1 (Exh.A)(part),2000)
contains relatively small storage spaces of varying
sizes and/or spaces for recreational vehicles or boats, 18.04.1830 Yard,corner side.
having individual,compartmentalized and controlled "Corner side yard" means a yard on a comer lot
access for the dead storage of excess personal prop- the area of which is bounded by a line extending
erty of an individual or household generally stored in from the front of the principal building (the front
residential accessory structures,when such building building line) to a point intersecting the side street
or group of buildings are not located on the lot of the right-of-way line(side lot line),then along the side
residence.(Ord. 1516(part),2000:Ord. 1514(part), lot line to a point intersecting the rear lot line, then
2000: Ord. 1513 § 1 (Exh.A)(part),2000) along the rear lot line to a point intersecting the line
formed by extending the wall of the nearest principal
18.04.1790 Watercourse. building paralleling the side lot line. (Ord. 1516
"Watercourse" means any natural stream, river, (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
creek, drainage, waterway, gully, ravine or wash in (Exh.A)(part),2000)
which water flows either continuously or intermit-
tently and has a definite channel,bed and banks,and 18.04.1840 Yard,front.
includes any area adjacent thereto subject to "Front yard" means a yard extending across the
inundation by reason of overflow. The term water- full width of the lot between two side lot lines, the
course shall not be construed to mean any facility depth of which is the least distance between the street
created exclusively for the conveyance of irrigation right-of-way and the front building line. (Ord. 1516
water. (Ord. 1516 (part), 2000: Ord. 1514 (part), (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
2000: Ord. 1513 § 1 (Exh.A)(part),2000) (Exh.A)(part),2000)
321 (130 a mi 11-01)
18.04.185G-18.06.010
18.04.1850 Yard, rear. Chapter 18.06
"Rear yard"means a yard extending across the full
width of the lot between the two side lot lines and ZONING DISTRICTS AND ZONING MAP
between the rear line and a parallel line tangent to the Sections:
rear of the principal building and the depth of which 18.06.010 Use districts designated—Zoning
is the least distance between the rear lot line and the map adopted.
parallel line. (Ord. 1516 (part), 2000: Ord. 1514 18.06.020 Official map—Availability,
(part),2000: Ord. 1513 § 1 (Exh. A)(part), 2000) certification and authority—
Changes.
"Req
18 Yard,required. 18.06.030 Official map—Replacement
"Required yard" means the minimum dimension conditions.
of a front, side or rear yard as established by the use 18.06.040 Boundary interpretation
regulations for each district. See also definition of guidelines.
building line, required, Sections 18.04.270 through 18.06.050 Zoning of annexed territory.
18.04.290.Or .(Ord. § I ( (part), (par Ord. 0) (part), 18.06.060 Classification of particular uses-
2000: Ord. 1513 § 1 (Exh.A)(part),2000) Planning director and city
18.04.1870 Yard,side.
commission authority.
"Side yard"means a yard extending between the 18.06.010 Use districts designated—Zoning
front building line and the rear building line, the map adopted.
width of which is the least distance between the side A. The city is divided into zones, or districts, as
lot line and the nearest part of the principal building. shown on the official zoning maps which, together
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. with all explanatory matter thereon, are adopted by
1513 § 1 (Exh.A)(part),2000) references and declared to be a part of this title.
B. For the purpose of this title,the city is divided
18.04.1875 Zoning commission, and classified into the following use districts:
"Zoning commission"means the Bozeman zoning
commission, the appointed body responsible for R-S Residential Suburban District
making recommendations to the city commission R-1 Residential Single-household,Low
relative to this title and the zoning jurisdiction of the Density District
city.(Ord. 1516(part),2000:Ord. 1514(part),2000: R-2 Residential Single-household,Medium
Ord. 1513 § 1 (Exh.A)(part), 2000) Density District
R-2a Residential Single-household,Medium
18.04.1880 Zoning map. Density District
A map or maps with all notations, dimensions, R-3a Residential Two-household,Medium
references and symbols shown thereon depicting Density District
individual zoned districts in accordance with this R-3 Residential Medium Density District
title.(Ord. 1516(part),2000:Ord. 1514(part),2000: R-4 Residential High Density District
Ord. 1513 § I (Exh. A)(part), 2000) R-O Residential Office District
B-1 Neighborhood Business District
B-2 Community Highway Business District
B-3 Central Business District
M-1 Light Manufacturing District
M-2 Manufacturing and Industrial District
BP Business Park District
(Boorman 11-01) 322
18.06.020-18.06.040
HMU Historic Mixed Use 18.06.030 Official map—Replacement
PLI Public Lands and Institutions District conditions.
NC Neighborhood Conservation Overlay A. In the event that the official zoning maps
District become damaged, destroyed, lost or difficult to
EO Bozeman Area Entryway Overlay interpret because of the nature or number of changes
District or additions thereto,the city commission may adopt
FH Flood Hazard Overlay District(refer to and certify new official zoning maps which shall
Federal Insurance Rate Maps for loca- supersede the prior official zoning maps. The new
tions) official zoning maps may correct drafting or other
R-MH Residential—Mobile Home District. errors or omissions in the prior map, but no such
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. corrections shall have the effect of amending the
1513 § 1 (Exh.A)(part), 2000) original official zoning maps or any subsequent
amendment thereof.
18.06.020 Official map—Availability, B. The new official zoning maps shall be identi-
certification and authority— fied by signature of the mayor attested by the clerk of
Changes. the commission. The certificate should read as
A. The official maps shall be available in the follows:
office of the planning director and shall bear certifi-
cate with the signature of the mayor attested by the This is to certify that this Official Zoning Map
clerk of the commission and the date of adoption of supersedes and replaces the Official Zoning Map
the ordinance codified in this title. adopted as part of Ordinance Number— of the City
B. The certificate should read as follows: of Bozeman,Montana.
This is to certify that this is an Official Zoning Mayor
Map referred to in Section of Ordinance Number— Attested
of the City of Bozeman, Montana. Date of Amendment
Mayor (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
Attested 1513 § 1 (Exh.A)(part),2000)
Date of Amendment
18.06.040 Boundary interpretation
C. If any changes to the map are made by guidelines.
amendment of this title in accordance with Chapter A. Where uncertainly exists as to the boundaries
18.55 hereof, such changes shall be made to the of districts as shown on the official zoning map,the
official zoning maps and signed, dated and certified boundaries shall be interpreted as following the
upon the map or upon the material attached thereto. nearest logical line to that shown:
D. Regardless of the existence of purported 1. Boundaries indicated as approximately fol-
copies of the official zoning maps,which may from lowing the centerline of streets, highways or alleys
time to time be made or published,the official zoning shall be construed to follow such centerlines;
maps kept in the city offices by the planning director 2. Boundaries indicated as approximately fol-
shall be the final authority as to the current zoning lowing platted lot lines shall be construed as follow-
status of land and water areas, buildings, and other ing such lot lines;
structures in the city or its zoning jurisdiction. (Ord. 3. Boundaries indicated as approximately fol-
1516(part),2000:Ord. 1514(part),2000: Ord. 1513 lowing city limits shall be construed as following
§ 1 (Exh. A)(part),2000) such city limits;
323 (soumen 11-01)
18.06.050-18.06.060
4. Boundaries indicated as following railroad B. In lieu of subsection A of this section above,
lines shall be construed to be midway between the when such zoning of annexed territory is to be
main track(s); effective at the time of such annexation and is to be
5. Boundaries indicated as following the center- different from the most similar or nearest classifica-
line of streams, rivers, canals, or ditches shall be tion district applied to the territory by any county
construed to follow such centerlines; zoning ordinance prior to the annexation, the city
6. Boundaries indicated as parallel to or exten- commission shall have previously requested a
sions of features indicated on the official zoning map recommendation from the zoning commission,taking
shall be determined by the scale of the map. into account the Bozeman master plan, in order that
B. Where physical or cultural features existing on the city commission may determine the proper
the ground are at variance with those shown on the zoning by zoning amendment to be effective upon
official zoning map or where other circumstances or the effective date of such annexation. (Ord. 1516
controversy arise over district boundaries; the (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
planning director shall interpret the district boundary; (Exh.A)(part), 2000)
such interpretation may be subject to appeal to the
city commission. 18.06.060 Classification of particular uses—
C. Where district boundaries divide a lot or Planning director and city
parcel into two or more districts,the entire lot or par- commission authority.
cel shall be deemed to have only the characteristics A. The planning director shall determine the
and uses of the most restrictive district that any part appropriate classification of a particular use. In
of the lot or parcel rests within. However, for makingthis determination,the planning directorshall
properties which lie partially within a specified find:
overlay district,the planning director,may determine 1. That the use is the same as one or more uses
that overlay district regulations shall apply only to permitted in the district wherein it is proposed to be
that portion of the property lying within the specified located or;
overlay district. The criteria for making such a 2. That the use is so similar to one or more uses
determination shall include an evaluation of site permitted in the district wherein it is proposed to be
topography and the degree to which the development located as to be interpreted as the same, so long as:
portion of the property lying outside of the overlay a. The use and its operation are compatible with
district is integrated with the development lying the uses permitted in the district wherein the use is
within the district.(Ord. 1516(part),2000:Ord. 1514 proposed to be located,
(part), 2000: Ord. 1513 § 1 (Exh.A)(part), 2000) b. The use will not cause substantial injury to
values of property in the neighborhood or district
18.06.050 Zoning of annexed territory. wherein it proposed to be located,and
A. All territory which may hereafter be annexed c. Neither the intent of this title nor the intent of
to the city shall be, in conjunction with the the district will be abrogated by such classification.
annexation, zoned to the most similar or nearest B. If a question arises concerning the appropriate
zoning classification district applied to the territory classification of a particular use, the planning direc-
by any county zoning ordinance prior to the for may submit the question to the city commission to
annexation.The city commission shall determine the determine whether the particular use is the same,or
appropriate zoning for any and all areas to be so similar as to be interpreted the same as a listed
annexed to the city but shall request a permitted or conditional use. In making such a
recommendation from the zoning commission and determination,the city commission shall find that the
shall take into consideration the Bozeman master criteria set forth in either subsection(A)(1)or(A)(2)
plan.
(Bozeman 11-01) 324
18.08.010-18.08.040
of this section are met. review of the design review board and development
C. If a specific use is not listed and cannot be review committee as may be required by Chapters
interpreted to be the same, as a listed permitted or 43, 52 or 53. (Ord. 1516 (part), 2000: Ord. 1514
conditional use, the use shall not be allowed. (part),2000: Ord. 1513 § 1 (Exh. A)(part),2000)
However, a zoning code amendment may be
submitted for review and approval pursuant to the 18.08.030 Area requirements for individual
requirements of this title to allow such use as a listed buildings—Restrictions.
permitted or conditional use.(Ord. 1516(part),2000: No part of any yard, or other open space, or off-
Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) street parking or loading space required about or in
(part),2000) connection with any building for the purpose of
complying with this title,shall be included as part of
Chapter 18.08 a yard, open space, or off-street parking or loading
space similarly required for any other building except
APPLICATION OF REGULATIONS as provided in Section 18.50.120 of this title. (Ord.
1516(part),2000:Ord. 1514(part),2000:Ord. 1513
Sections: § 1 (Exh.A)(part),2000)
18.08.010 Application of regulations.
18.08.020 Compliance with zoning 18.08.040 Yards and lots—Reduction
regulations required. prohibited.
18.08.030 Area requirements for individual No yard or lot existing at the time of adoption of
buildings—Restrictions. the ordinance codified in this title shall be reduced in
18.08.040 Yards and lots—Reduction dimension or area below the minimum requirements
prohibited. of said ordinance except as set forth herein.Yards or
lots created after the effective date of said ordinance
18.08.010 Application of regulations. shall meet at least the minimum requirements
The regulations set by this title shall be minimum established by this title.(Ord. 1516(part),2000:Ord.
regulations and all regulations as categorized shall 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
apply uniformly to each class or kind of structure or 2000)
land and particularly the regulations which follow.
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
1513 § 1 (Exh.A)(part), 2000)
18.08.020 Compliance with zoning
regulations required.
No building, structure or land shall hereafter be
used or occupied, and no building, structure or part
thereof shall hereafter be erected,constructed,recon-
structed,moved or structurally altered,and no devel-
opment shall commence unless it is in conformity
with all of the regulations herein specified for the
district in which it is located. To the extent
reasonably feasible, all city-owned land shall be
subject to applicable regulations of the underlying
zoning district. Development of such land shall be
subject to approval by the city commission upon
325 (Bowman 11-01)
18.12.010-18.12.020
Chapter 18.12 Public and private parks and playgrounds.
B. Conditional Uses.
R-S RESIDENTIAL-SUBURBAN DISTRICT Accessory dwelling units
Agricultural uses on less than two and one-
Sections: half acres
18.12.010 Intent. Churches
18.12.020 Permitted uses. Commercial stables
18.12.030 Lot area and width. Community residential facilities with more
18.12.040 Lot coverage and floor area. than four residents
18.12.050 Yards. Day care centers
18.12.060 Building height. Essential services(Type II)
18.12.070 Garages. FCC earth stations
Golf courses
18.12.010 Intent. Other recreational uses
The intent and purpose of the R-S residential- Plant nursery
suburban district is to allow open space and single- Recreation vehicle parks
household development in circumstances where Schools
environmental constraints limit the desired density. Tree farm
All new developments in this district shall be subject Veterinary uses
to the provisions of Chapter 18.54, Planned Unit Any use approved as part of a planned unit
Development,and shall be developed in compliance development subject to the provisions of Chapter
with the adopted Bozeman master plan. Lot size 18.54.
shall be an average of one acre unless otherwise C. Accessory Uses.
approved through the Planned Unit Development Accessory buildings small than 720 square feet in
process. (Ord. 1516 (part), 2000: Ord. 1514 (part), gross floor area and where the total square foot area
2000: Ord. 1513 § 1 (Exh.A) (part), 2000) of all accessory buildings does not exceed the square
foot area of living space in the principal building
18.12.020 Permitted uses. Fences
Permitted uses in the R-S district are as follows: Greenhouses
A. Principal Uses. Guesthouses
Agricultural uses on less than two and one- Home occupations
half acres or more, including barns and animal shel- Private garages
ters and the keeping of animals and fowl, together Private or jointly owned community center
with their dependent young, as hereinafter set forth recreational facilities,pools,tennis courts and
per two and one-half acres: one horse or one cow; spas
two sheep or two goats; ten rabbits; thirty-six fowl Signs, subject to Chapter 18.65
(chickens,pheasants,pigeons,etc.)or six larger fowl Temporary buildings and yards incidental to
(ducks, geese,turkeys,etc.) construction work
One-household dwellings Tool sheds for storage of domestic supplies
One-household mobile homes on permanent Other buildings and structures typically acces
foundations which meet all the requirements sory to residential or agricultural uses.
of Section 18.50.180 (Ord. 1531 § 4, 2001; Ord. 1526 § 4, 2000; Ord.
Essential services (Type 1) 1516 (part),2000:Ord 1514(part),2000: Ord. 1513
Family day care home § 1 (Exh. A) (part), 2000)
Group day care home
(Bozeman I I-01) 326
18.12.030-18.12.070
18.12.030 Lot area and width. B. All pens, coops, barns, stables or permanent
A. Lot area and width for newly created lots in R- corrals shall be set back not less than one hundred
S districts shall be determined through the PUD feet from any residence or public road and not less
review procedures set forth in Chapter 18.54, in than fifty feet from any property line. (Ord. 1516
compliance with the adopted Bozeman area master (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
plan. Unless otherwise approved through the (Exh.A)(part),2000)
Planned Unit Development process, the average lot
size shall be one acre. 18.12.060 Building height.
B. Existing lots in R-S districts not utilizing a Maximum building height in the R-S district shall
community water and/or sewer system shall be be as follows:
considered nonconforming lots if less than one-acre A. Roof pitch greater than 6:12—thirty-four feet;
in area and/or one hundred feet in width and subject B. Roof pitch 3:12 or greater but not greater than
to Section 18.50.160. Existing lots in the R-S district 6:12—thirty feet; and
utilizing a community water and/or sewer system C. Roof pitch less than 3:12—twenty-four feet.
shall be considered nonconforming lots if less than (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
one-half acre in area and/or one hundred feet in width 1513 § 1 (Exh.A)(part),2000)
and subject to Section 18.50.160. (Ord. 1516(part),
2000:Ord. 1514(part),2000:Ord. 1513§ 1(Exh.A) 18.12.070 Garages.
(part), 2000) Attached residential garages shall not obscure the
entrance to the dwelling. Attached garages are
18.12.040 Lot coverage and floor area. encouraged to be clearly subordinate to the dwelling.
Lot coverage and floor area for newly created lots A subordinate garage has one or more of the
in the R-S district shall be determined through the following characteristics:
PUD review procedures set forth in Chapter 18.54,in a. The are of the garage vehicle door(s)comprise
compliance with the adopted Bozeman master plan. forty percent or less of the total square footage,
For existing lots in the R-S district, not more than exclusive of any exposed roof areas,of the principal
twenty-five percent of the lot area shall be covered facade of the dwelling;
by principal and accessory buildings.Each dwelling b. The facade with the garage vehicle entrance(s)
unit shall have a minimum of one thousand square is recessed at least four feet behind the facade of the
feet of floor area.(Ord. 1516(part),2000:Ord. 1514 dwelling containing the main entry;
(part), 2000: Ord. 1513 § 1 (Exh. A) (part), 2000) c. The principal facade of the dwelling has been
emphasized through the use of architectural features
18.12.050 Yards. such as, but not limited to, porches, fenestration
A. 1. Every lot in the R-S district which existed treatment,architectural details,height,orientation,or
prior to the effective date of the ordinance codified in gables, so that the non-garage portion of the
this title shall have the following minimum yards: residence is visually dominant.
Front yard 35 feet Alternative means of addressing the intent of this
Rear yard 25 feet section will be considered. Detached garages are
Side yards 25 feet each side encouraged when they are compatible with the
Comer side yards are governed by Section existing neighborhood development pattern.
18.50.060.C. Garage access on non-principal facades and/or
2. Minimum yard requirements for newly created alleys is encouraged. (Ord. 1516(part), 2000)
R-S lots shall be determined through the PUD review
process. (NOTE: All yards shall be subject to the
provisions of Section 18.50.060(D)when applicable.)
327 (Bauman 11.01)
18.14.010-18.14.050
Chapter 18.14 Any use approved as part of a planned unit
development subject to the provisions of Chapter
R-1 RESIDENTIAL SINGLE-HOUSEHOLD, 18.54
LOW DENSITY DISTRICT C. Accessory Uses,
Fences
Sections: Greenhouses
18.14.010 Intent. Guesthouses
18.14.020 Permitted uses. Home occupations
18.14.030 Lot area and width. Private garages
18.14.040 Lot coverage and floor area. Private or jointly owned community center
18.14.050 Yards. recreational facilities,pools,tennis courts,
18.14.060 Building height. spas
18.14.070 Garages. Private storm water control facilities
Signs, subject to Chapter 18.65
18.14.010 Intent. Temporary buildings and yards incidental to
The intent of the R-1 residential single-household, construction work
low density district is to provide for low density Tool sheds for storage of domestic supplies
single-household residential development within the Other buildings and structures typically acces
city, to conform to the system of services available, sory to residential uses.
to the slope of the land or other limiting factors, and (Ord. 1531 § 5, 2001)
to provide for such community facilities and services
as will serve the area's residents while protecting the 18.14.030 Lot area and width.
residential character and quality of the area. (Ord. Lot area for any use in the R-1 district shall be not
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 less than ten thousand square feet and no lot width
§ 1 (Exh.A) (part),2000) shall be less than eighty feet.(Ord. 1516(part),2000:
Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A)
18.14.020 Permitted uses. (part), 2000)
Permitted uses for the R-1 district are as follows:
A. Principal Uses. 18.14.040 Lot coverage and floor area.
One-household dwellings In the R-1 district, not more than forty percent of
Essential services (Type 1) the lot area shall be occupied by the principal and
Family day care home accessory buildings.Each dwelling unit shall have a
Group day care home minimum of one thousand two hundred fifty square
Public parks feet of floor area.(Ord. 1516(part),2000: Ord. 1514
B. Conditional Uses. (part),2000: Ord. 1513 § 1 (Exh.A)(part), 2000)
Accessory dwelling units
Churches 18.14.050 Yards.
Community residential facilities,with more Every lot in the R-I district shall have the follow-
than four residents ing minimum yards:
Day care centers Front yard 20 feet
Golf courses Rear yard 25 feet
Schools Side yards 8 feet each side
Temporary sales and office buildings Comer yards are governed by Section
18.50.060.C.
(Bozeman 11-01) 328
18.14.060-18.16.040
Chapter 18.16
(NOTE: All yards will be subject to the provisions
of Section 18.50.060(D) when applicable.) (Ord. R-2 RESIDENTIAL SINGLE-HOUSEHOLD,
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 MEDIUM-DENSITY DISTRICT
§ 1 (Exh.A)(part),2(00)
Sections:
18.14.060 Building height. 18.16.010 Intent.
Maximum building height in the R-1 district shall 18.16.020 Permitted uses.
be as follows: 18.16.030 Lot area and width.
A. Roof pitch greater than 6:12—thirty-two feet; 18.16.040 Lot coverage and floor area.
B. Roof pitch 3:12 or greater but not greater than 18.16.050 Yards.
6:12—twenty-eight feet; and 18.16.060 Building height.
C. Roof pitch less than 3:12—twenty-four feet. 18.16.070 Garages.
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
1513 § 1 (Exh.A)(part), 2000) 18.16.010 Intent.
The intent of the R-2 residential single-household
18.14.070 Garages. residential development of a medium density within
Attached residential garages shall not obscure the the city in areas that present few or no development
entrance to the dwelling. Attached garages are problems, and for neighborhood facilities to serve
encouraged to be clearly subordinate to the dwelling. such development while preserving the residential
A subordinate garage has one or more of the quality and nature of the area. (Ord. 1516 (part),
following characteristics: 2000:Ord 1514(part),2000: Ord 1513 § 1 (Exh.A)
a. The are of the garage vehicle door(s)comprise (part),2000)
forty percent or less of the total square footage,
exclusive of any exposed roof areas,of the principal 18.16.020 Permitted uses.
facade of the dwelling; Permitted uses in the R-2 district shall be only
b. The facade with the garage vehicleentrance(s) those uses permitted in an R-1 district. (Ord. 1516
is recessed at least four feet behind the facade of the (part), 2000: Ord 1514 (part), 2000: Ord 1513 § 1
dwelling containing the main entry; (Exh. A) (part), 2(00)
c. The principal facade of the dwelling has been
emphasized through the use of architectural features 18.16.030 Lot area and width.
such as, but not limited to, porches, fenestration Lot area for any use in the R-2 district shall be not
treatment,architectural details,height,orientation,or less than seven thousand square feet and no lot width
gables, so that the non-garage portion of the shall be less than seventy feet. (Ord. 1516 (part),
residence is visually dominant. 2000:Ord 1514(part),2000: Ord 1513 § 1 (Exh.A)
Alternative means of addressing the intent of this (part),2000)
section will be considered. Detached garages are
encouraged when they are compatible with the 18.16.040 Lot coverage and floor area.
existing neighborhood development pattern. In the R-2 district,not more than forty percent of
Garage access on non-principal facades and/or the lot area shall be occupied by the principal and
alleys is encouraged. (Ord. 1516(part),2000;Ord. accessory buildings.Each dwelling unit shall have
1514(part),2000) a minimum of one thousand square feet of floor
area.(Ord. 1516(part),2000: Ord 1514(part),
2000: Ord 1513 § 1 (Exh.A) (part),2000)
329 Bozeman II-m)
18.16.050-18.17.030
18.16.050 Yards. existing neighborhood development pattern.
Every yard in the R-2 district shall have the Garage access on non-principal facades and/or
following minimum yards: alleys is encouraged. (Ord. 1516(part), 2000; Ord.
Front yard 20 feet 1514(part), 2000)
Rear yard 20 feet
Side yards 5 feet each side.
Corner side yards are governed by Section Chapter 18.17
18.50.060.C.
(NOTE: All yards shall be subject to the provisions R-2a RESIDENTIAL SINGLE-HOUSEHOLD,
of Section 18.50.060(D) when applicable.) (Ord. MEDIUM DENSITY DISTRICT
1516(part),2000:Ord 1514(part),2000:Ord 1513§
1 (Exh.A) (part),2000) Sections:
18.17.010 Intent.
18.16.060 Building height. 18.17.020 Permitted uses.
Maximum building height in the R-2 district shall 18.17.030 Lot area and width.
be as follows: 18.17.040 Lot coverage and floor area.
A. Roof pitch greater than 6:12—thirty-two feet; 18.17.050 Yards.
B. Roof pitch 3:12 or greater but not greater than 18.17.060 Building height.
6:12—twenty-eight feet; and 18.17.070 Garages.
C. Roof pitch less than 3:12—twenty-four feet.
(Ord. 1516 (part),2000: Ord 1514(part), 2000: Ord 18.17.010 Intent.
1513 § 1 (Exh.A) (part),2000) The intent of the R-2a residential single-household
residential development of a density consistent with
18.16.070 Garage. the Bozeman master plan within the city and in areas
Attached residential garages shall not obscure the that present few or no development problems,and for
entrance to the dwelling. Attached garages are neighborhood facilities to serve such development
encouraged to be clearly subordinate to the dwelling. while preserving the residential quality and nature of
A subordinate garage has one or more of the the area. (Ord. 1516 (part), 2000: Ord. 1514 (part),
following characteristics: 2000: Ord. 1513 § 1 (Exh.A) (part), 2000)
a. The area of the garage vehicle door(s)
comprise forty percent or less of the total square 18.17.020 Permitted uses.
footage, exclusive of any exposed roof areas, of the Permitted uses in the R-2a district shall be only
principal facade of the dwelling; those uses permitted in an R-2 district and one-
b. The facade with the garage vehicle entrance(s) household mobile homes on permanent foundations
is recessed at least four feet behind the facade of the which meet all requirements of Section 18.50.180.
dwelling containing the main entry; (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
c. The principal facade of the dwelling has been 1513 § 1 (Exh.A)(part),2000)
emphasized through the use of architectural features
such as, but not limited to, porches, fenestration 18.17.030 Lot area and width.
treatment,architectural details,height,orientation,or Lot area for any use in the R-2a district shall be
gables, so that the non-garage portion of the not less than six thousand square feet, and no lot
residence is visually dominant. width shall be less than sixty feet.(Ord. 1516
Alternative means of addressing the intent of this (part),2000: Ord. 1514(part), 2000: Ord. 1513 § I
section will be considered. Detached garages are (Exh.A) (part), 2000)
encouraged when they are compatible with the
(Bozeman 11-01) 330
18.17.040-18.18.020
18.17.040 Lot coverage and floor area. treatment,architectural details,height,orientation,or
In the R-2a district,no more than forty percent of gables, so that the non-garage portion of the
the lot area shall be occupied by the principal and residence is visually dominant.
accessory buildings. Each dwelling shall have a Alternative means of addressing the intent of this
minimum of eight hundred square feet of floor area. section will be considered. Detached garages are
(Ord. 1516(part),2000:6d. 1514(part),2000:Ord. encouraged when they are compatible with the
1513 § 1 (Exh.A) (part),2000) existing neighborhood development pattern.
Garage access on non-principal facades and/or
18.17.050 Yards. alleys is encouraged.(Ord. 1516 (part),2000;Ord.
Every lot in the R-2a district shall have the fol- 1514(part),2000)
lowing minimum yards:
Front yard 20 feet
Rear yard 20 feet Chapter 18.18
Side yards 5 feet each side.
Comer side yards are governed by Section R-3a RESIDENTIAL TWO-HOUSEHOLD,
18.50.060.C. MEDIUM DENSITY DISTRICT
(NOTE: All yards shall be subject to the provisions
of Section 18.50.060(D) when applicable.) (Ord. Sections:
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 18.18.010 Intent.
§ 1 (Exh.A) (part), 2000) 18.18.020 Permitted uses.
18.18.030 Lot area and width.
18.17.060 Building height. 18.18.040 Lot coverage and floor area.
Maximum building height in the R-2a district shall 18.18.050 Yards.
be as follows: 18.18.060 Building height.
A. Roof pitch greater than 6:12—thirty-two feet; 18.18.070 Garages.
B. Roof pitch 3:12 or greater but not greater than
6:12—twenty-eight feet;and 18.18.010 Intent.
C. Roof pitch less than 3:12—twenty-four feet. The intent of the R-3a district is to provide for one
and two household residential development of a
18.17.070 Garages. medium density within the city in areas that present
Attached residential garages shall not obscure the few or no development problems, and for neighbor-
entrance to the dwelling. Attached garages are hood facilities to serve such development while
encouraged to be clearly subordinate to the dwelling. preserving the residential quality and nature of the
A subordinate garage has one or more of the area.(Ord. 1516(part),2000:Ord. 1514(part),2000:
following characteristics: Ord. 1513 § 1 (Exh.A)(part), 2000)
a. The area of the garage vehicle door(s)
comprise forty percent or less of the total square 18.18.020 Permitted uses.
footage,exclusive of any exposed roof areas, of the Permitted uses in the R-3a district are as follows:
principal facade of the dwelling;
b. The facade with the garage vehicle entrance(s) A. Principal Uses.
is recessed at least four feet behind the facade of the One-household dwellings
dwelling containing the main entry; One-household mobile homes on permanent
c. The principal facade of the dwelling has been foundations which meet all requirements of
emphasized through the use of architectural features Section 18.50.150,except within the area
such as, but not limited to, porches, fenestration designated as the Conservation Overlay
331 (Bowmn 11-01)
18.18.030-18.18.070
district created by Chapter 18.42 of this title B. Minimum lot area for one-household
Two-household dwellings dwellings and other uses shall be five thousand
Essential services (Type 1) square feet with a minimum lot width of fifty feet.
Family day care home (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
Group day care home 1513 § I (Exh.A)(part), 2000)
Group homes
Public parks 18.18.040 Lot coverage and floor area.
In the R-3a district,not more than forty percent of
B. Conditional Uses. the lot shall be occupied by the principal and
Assisted livinglelderly care facilities accessory buildings. The average floor area of all
Bed and breakfast homes dwelling units in a structure shall have a minimum of
Churches six hundred square feet.(Ord.1516(part),2000:Ord.
Day care centers 1514 (part), 2000: Ord. 1513 § I (Exh. A) (part),
Extended stay lodgings 2000)
Golf courses
Lodginghouses (bed and breakfasts) 18.18.050 Yards.
Schools Every lot in the R-3a district shall have the fol-
Temporary sales and office buildings lowing minimum yards:
Any use approved as part of a planned unit Front yard 20feet
development subject to the provisions of Rear yard 20 feet
Chapter 18.54 Side yards 5 feet each side.
Comer side yards are governed by Section
C. Accessory Uses. 18.50.060.C.
Fences (NOTE: All yards shall be subject to the provisions
Greenhouses of Section 18.50.060(D)when applicable.)
Guesthouses (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
Home occupations 1513 § 1 (Exh.A) (part), 2000)
Private garages
Private or jointly owned community center 18.18.060 Building height.
recreational facilities,pools,tennis courts and Maximum building height in the R-3a district shall
span be as follows.
Signs, subject to Chapter 18.65 A. Roof pitch greater than 6:12—thirty-two feet;
Temporary buildings and yards incidental to B. Roof pitch 3:12 or greater but not greater than
construction work 6:12—twenty-eight feet;and
Tool sheds for storage of domestic supplies C. Roof pitch than 3:12—twenty-four feet.
Other buildings and structures typically acces
sory to residential uses. 18.18.070 Garages.
(Ord. 1531 § 6, 2001; Ord. 1516 (part), 2000: Ord. Attached residential garages shall not obscure the
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), entrance to the dwelling. Attached garages are
2000) encouraged to be clearly subordinate to the dwelling.
A subordinate garage has one or more of the
18.18.030 Lot area and width. following characteristics:
A. In the R-3a district,minimum lot area for two- a. The area of the garage vehicle door(s)
household units shall be six thousand square feet comprise forty percent or less of the total square
with a minimum lot width of sixty feet.
(Bozeman I I-OI) 332
18.20.010-18.20.020
footage,exclusive of any exposed roof areas, of the 18.20.020 Permitted uses.
principal facade of the dwelling; Permitted uses in the R-3 district are as follows:
b. The facade with the garage vehicle entrance(s) A. Principal uses.
is recessed at least four feet behind the facade of the One-household dwellings
dwelling containing the main entry; One-household mobile homes on permanent
c. The principal facade of the dwelling has been foundations which meet all the requirements
emphasized through the use of architectural features of Section 18.50.180
such as, but not limited to, porches, fenestration Two-household dwellings
treatment,architectural details,height,orientation,or Three to four unit multiple-household
gables, so that the non-garage portion of the dwelling unit structures
residence is visually dominant. Townhouse clusters,not to exceed five units
Alternative means of addressing the intent of this or one hundred twenty feet in length
section will be considered. Detached garages are Community residential facilities, with more
encouraged when they are compatible with the than four residents
existing neighborhood development pattern. Essential services(Type 1)
Garage access on non-principal facades and/or Family day care home
alleys is encouraged. (Ord. 1516 (part),2000;Ord. Group day care home
1514(part),2000) Public parks
B. Conditional Uses.
Chapter 18.20 Assisted living/elderly care facilities
Bed and breakfast homes
R-3 RESIDENTIAL MEDIUM-DENSITY Churches
DISTRICT Cooperative housing
Day care centers
Sections: Extended stay lodgings
18.20.010 Intent. Fraternity and sorority houses
18.20.020 Permitted uses. Golf courses
18.20.030 Lot area and width. Lodginghouses
18.20.040 Lot coverage and floor area. Schools
18.20.050 Yards. Temporary sales and office buildings
18.20.060 Building height. Any use approved as part of a planned unit
18.20.070 Garages. development subject to the provisions of
Chapter 18.54
18.20.010 Intent.
The intent of the R-3 district is to provide for the C. Accessory Uses.
development of one to five-household residential Fences
structures near service facilities within the city. It Greenhouses
should provide for a variety of housing types to serve Guesthouses
the varied needs of households of different size,age Home occupations
and character, while reducing the adverse effect of Private garages
nonresidential uses. (Ord. 1516 (part), 2000: Ord. Private or jointly owned community center
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), recreational facilities,pools,tennis courts and
2000) Signs, subject to Chapter 18.65
Spas
333 Bosman a-m)
18.20.030-18.20.070
Temporary buildings and yards incidental to 1516(part),2000:Ord. 1514(part),2000:Ord. 1513
construction work § I (Exh.A) (part),2000)
Tool sheds for storage of domestic supplies
Other building and structures typically acces 18.20.060 Building height.
sory to residential uses. Maximum building height in the R-3 district shall
(Ord. 1359§ 17, 1993;Ord. 1332§ 1 (Exh.A)(part), be thirty-eight feet for buildings with roof pitches of
1991) 3:12 or greater and thirty-two feet for buildings with
flat roofs or with roof pitches of less than 3:12.(Ord.
18.20.030 Lot area and width. 1516(part),2000:Ord. 1514(part),2000:Ord. 1513
A. In the R-3 district, minimum lot area for two § 1 (Exh. A) (part),2000)
to four-household units shall be three thousand
square feet dwelling unit with a minimum lot width 18.20.070 Garages.
of sixty feet. Attached residential garages shall not obscure the
B. For townhouse clusters the minimum average entrance to the dwelling. Attached garages are
lot area per unit in an individual structure shall be encouraged to be clearly subordinate to the dwelling.
three thousand square feet. The minimum lot width A subordinate garage has one or more of the
shall be that of the width of the interior units. following characteristics:
C. Minimum lot area for other uses, including a. The area of the garage vehicle door(s)
one-household dwelling units, shall be five comprise forty percent or less of the total square
thousand square feet with a minimum lot footage, exclusive of any exposed roof areas, of the
width of fifty feet. principal facade of the dwelling;
D. Maximum density of dwellings shall not b. The facade with the garage vehicle entrance(s)
exceed twelve dwellings per net acre. is recessed at least four feet behind the facade of the
(Ord. 1531 8, 2001; Ord. 1332 § 1 (Exh. A) (part), dwelling containing the main entry;
1991) c. The principal facade of the dwelling has been
emphasized through the use of architectural features
18.20.040 Lot coverage and floor area. such as, but not limited to, porches, fenestration
In the R-3 district,not more than forty percent of treatment,architectural details,height,orientation,or
the lot shall be occupied by the principal and acces- gables, so that the non-garage portion of the
sory buildings.The average floor area of all dwelling residence is visually dominant.
units in a structure shall have a minimum of six Alternative means of addressing the intent of this
hundred square feet. (Ord. 1516 (part), 2000: Ord. section will be considered. Detached garages are
1514 (part), 2000: Ord. 1513 § I (Exh. A) (part), encouraged when they are compatible with the
2000) existing neighborhood development pattern.
Garage access on non-principal facades and/or
18.20.050 Yards. alleys is encouraged. (Ord. 1516 (part), 2000; Ord.
Every lot in the R-3 district shall have the follow- 1514 (part), 2000)
ing minimum yards:
Front yard 20 feet
Rear yard 20 feet
Side yards 5 feet each side. (Except
zero lot line sides of townhouse units). Corner side
yards are governed by Section 18.50.060.C.
(NOTE: All yards shall be subject to the provisions
of Section 18.50.060(D) when applicable.) (Ord.
(Bozeman I1-01) 334
18.24.010-18.24.070
Chapter 18.24 B. Lot area for apartment buildings shall not be
less than five thousand square feet,plus six hundred
R-4 RESIDENTIAL HIGH DENSITY square feet for each additional dwelling unit over
DISTRICT one.Minimum lot width shall be fifty feet.
C. Maximum density of dwellings shall not
Sections: exceed fifteen dwellings per net acre.(Ord. 1531 §9,
18.24.010 Intent. 2001:Ord. 1516(part),2000:Ord. 1514(part),2000:
18.24.020 Permitted uses. Ord 1513 § 1 (Exh.A) (part), 2000)
18.24.030 Lot area and width.
18.24.040 Lot coverage and floor area. 18.24.040 Lot coverage and floor area.
18.24.050 Yards. In the R-4 district,not more than forty percent of
18.24.060 Building height. the lot shall be occupied by the principal and acces-
18.24.070 Garages. sory buildings.The average floor area of all dwelling
units in a structure shall have minimum of six
18.24.010 Intent. hundred square feet. (Ord. 1516 (part), 2000: Ord.
The intent of the R4 residential high-density 1514 (part), 2000: Ord 1513 § 1 (Exh. A) (part),
district is to provide for high density residential 2000)
development with the city with associated service
functions.This will provide for a variety of compat- 18.24.050 Yards.
ible housing types to serve the varying needs of the Every lot in the R-4 district shall have the fol-
community's residents.The net density,as defined in lowing minimum yards:
18.04.510, for new developments shall be eight Front yard 20 feet
dwellings per acre or greater. (Ord. 1516 (part), Rear yard 20 feet
2000:Ord. 1514(part),2000:Ord 1513 § 1 (Exh.A) Side yards 5 feet each side. Comer side
(part), 2000) yards are governed by Section 18.50.060.C.
(NOTE: All yards shall be subject to the provisions
18.24.020 Permitted uses. of Section 18.50.060(D)when applicable.)
Principal uses permitted in the R-4 district are the (Ord. 1516(part),2000: Ord. 1514(part),2000:Ord
principal uses permitted in the R-3 district,plus bed 1513 § 1 (Exh. A)(part), 2000)
and breakfast homes, lodging houses, apartment
buildings and townhouse structures exceeding four 18.24.060 Building height.
units per structure as principal uses.Conditional uses Maximum building height in the R-4 district shall
permitted in the R-4 district are those conditional use be thirty-eight feet for buildings with roof pitches of
permitted in the R-3 district,plus offices(as defined 3:12 or greater and thirty-two feet for buildings with
herein)only when in conjunction with dwellings,and flat roofs or with roof pitches of less than 3:12.(Ord.
medical offices, clinics and centers. (Ord. 1516 1516 (part), 2000: Ord. 1514(part),2000)
(part), 2000: Ord. 1514 (part), 2000: Ord 1513 § 1
(Exh. A) (part), 2000) 18.24.070 Garages.
Attached residential garages shall not obscure the
18.24.030 Lot area and width. entrance to the dwelling. Attached garages are
A. Lot area for two-household to four-household encouraged to be clearly subordinate to the dwelling.
dwellings shall not be less than five thousand square A subordinate garage has one or more of the
feet, plus one thousand six hundred square feet for following characteristics:
each additional unit over one, with a minimum lot a. The area of the garage vehicle door(s)
width of fifty feet. comprise forty percent or less of the total square
335 (Bozeman 11-01)
18.26.010-18.26.030
footage, exclusive of any exposed roof areas,of the Essential services (Type I)
principal facade of the dwelling; Medical offices,clinics and centers
b. The facade with the garage vehicle entrance(s) Offices(as defined in this title)
is recessed at least four feet behind the facade of the Multi-household dwellings
dwelling containing the main entry; B. Conditional Uses.
c. The principal facade of the dwelling has been Assisted living(Nursing home facilities
emphasized through the use of architectural features Bed and breakfast homes
such as, but not limited to, porches, fenestration Churches
treatment,architectural details,height,orientation,or Community residential facilities
gables, so that the non-garage portion of the Cooperative housing
residence is visually dominant. Day care centers
Alternative means of addressing the intent of this Efficiency units
section will be considered. Detached garages are Group homes
encouraged when they are compatible with the Health and exercise establishments
existing neighborhood development pattern. odginghouse
Garage access on non-principal facades and/or Sc mDols
alleys is encouraged. (Ord. 1516 (part),2000; Ord. Any use approved as part of a planned unit
1514(part), 2000) development subject to the provisions of
Chapter 18.54
C. Accessory Uses.
Chapter 18.26 Fences
Greenhouses
R-O RESIDENTIAL OFFICE DISTRICT Home occupations
Other buildings and structures typically ac
Sections: cessory to permitted uses
18.26.010 Intent. Parking areas as required by Chapter 18.50.
18.26.020 Permitted uses. Private garages
18.26.030 Lot area and width. Refuse containers
18.26.040 Lot coverage and floor area. Signs, subject to Chapter 18.65
18.26.050 Yards. Temporary buildings and yards
18.26.060 Building height. incidental to construction work
Tool sheds for storage of domestic supplies
18.26.010 Intent. Accessory structures as approved by the
The intent of the R-O residential office district is planning and zoning board
to provide for and encourage the development of (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
professional offices, business headquarters, and 1513 § 1 (Exh. A)(part), 2000)
compatible multi-household and apartment
development that would blend well with adjacent 18.26.030 Lot area and width.
land uses. (Ord. 1516(part),2000: Ord. 1514(part), Lot area and width for uses in the R-O district
2000: Ord 1513 § I (Exh. A)(part),2000) shall not be less than five thousand square feet and
fifty feet,respectively. (Ord. 1516(part),2000:Ord.
18.26.020 Permitted uses. 1514 (part), 2000: Ord. 1513 § I (Exh. A) (part),
Permitted uses in the R-O district are as follows: 2000)
A. Principal Uses.
Apartments
(B.=.n I 1q 336
18.26.040-18.28.010
18.26.040 Lot coverage and floor area. A subordinate garage has one or more of the
A. In the R-O district, lot coverage by principal following characteristics:
and accessory buildings shall not be more than forty a. The area of the garage vehicle door(s)
percent for residential uses nor more than sixty comprise forty percent or less of the total square
percent for any other uses. Nonresidential develop- footage, exclusive of any exposed roof areas, of the
ment shall not generate gr6ater traffic than the traffic principal facade of the dwelling;
which would be generated by the maximum b. The facade with the garage vehicle entrance(s)
residential development which could occur with forty is recessed at least four feet behind the facade of the
percent coverage of the lot in question. The source dwelling containing the main entry;
for traffic generation projections will be the current c. The principal facade of the dwelling has been
edition of Trip Generation,published by the Institute emphasized through the use of architectural features
of Transportation Engineers. such as, but not limited to, porches, fenestration
B. The average floor area of all dwelling units in treatment,architectural details,height,orientation,or
a structure shall be a minimum of four gables, so that the non-garage portion of the
hundred and fifty square feet. residence is visually dominant.
C. Maximum density of swellings shall not Alternative means of addressing the intent of this
exceed fifteen dwellings per net acre. section will be considered. Detached garages are
(Ord. 1526 § 5, 2000; Ord. 1516 (part), 2000: Ord. encouraged when they are compatible with the
1514 (part), 2000: Ord. 1513 § I (Exh. A) (part), existing neighborhood development pattern.
2000) Garage access on non-principal facades and/or
alleys is encouraged.(Ord. 1516(part),2000;Ord.
18.26.050 Yards. 1514 (part),2000)
Every lot in the R-O district shall have the fol-
lowing minimum yards:
Front yard 20 feet Chapter 18.28
Rear yard 20 feet
Side yard 5 feet each side. Corner side B-1 NEIGHBORHOOD SERVICE DISTRICT
yards are governed by Section 18.50.060C.
(NOTE: All yards shall be subject to the provisions Sections.
of Section 18.50.060(D) when applicable.) 18.28.010 Intent.
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. 18.28.020 Permitted uses.
1513 § 1 (Exh.A) (part), 2000) 18.28.030 Lot area and width.
18.28.040 Lot coverage.
18.26.060 Building height. 18.28.050 Yards.
Maximum building height in the R-O district shall 18.28.060 Building height.
be thirty-eight feet for buildings with roof pitches of 18.28.070 Garages.
3:12 or greater and thirty-two feet for buildings with
flat roofs or with roof pitches of less than 3:12.(Ord. 18.28.010 Intent.
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 A. The intent of the B-1 neighborhood business
§ 1 (Exh.A) (part),2000) district is to provide for small retail and service
activities frequently required by neighborhood resi-
18.26.070 Garages. dents on a day-to-day basis,while still maintaining a
Attached residential garages shall not obscure the residential character. (Ord. 1516 (part), 2000: Ord.
entrance to the dwelling. Attached garages are 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
encouraged to be clearly subordinate to the dwelling. 2000)
337 (Bouman I"I)
18.28.020-18.30.010
18.28.020 Permitted uses. 18.28.040 Lot coverage.
A. Principal activities shall be limited to those In the B-1 district, the entire lot, exclusive of
which are completely enclosed within a building not required yards and parking,may be occupied by the
larger than five thousand square feet in gross floor principal and accessory buildings.(Ord. 1516(part),
area.Accessory activities such as play areas associ- 2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A)
ated with day care centers and patio dining areas for (part), 2000)
restaurants shall be permitted outdoors subject to
approval by the appropriate reviewing authority. 18.28.050 Yards.
B. Permitted uses in the B-1 district are as fol- Every lot in the B-1 district shall have the follow-
lows: ing minimum yards:
1. Principal Uses. Front yard 25 feet
Day care centers Rear yard 20 feet
Apartments located on the second or subse Side yards 8 feet.
quent floors (NOTE: All yards shall be subject to the provisions
Essential services (Type 1) of Section 18.50.060(D) when applicable.) (Ord.
Food stores,such as grocery stores, bakeries, 1516(part),2000:Ord. 1514(part),2000: Ord. 1513
etc. § I (Exh.A) (part),2000)
Personal and convenience services
Restaurants(exclusive of drive-ins) 18.28.060 Building height.
Retail uses Maximum building height in the B-1 district shall
2. Conditional Uses. be thirty eight feet for buildings with roof pitches of
Automobile service stations 3:12 or greater and thirty-two feet for buildings with
Churches flat roofs or with roof pitches of less than 3:12,
Essential services (Type II) except when adjacent to an R-S, R-1, R-2, R-2a, or
Professional and business offices R-3a district wherein the height shall not exceed the
Restaurants serving alcoholic beverages allowable height established for the adjacent district.
Any use,except casinos,approved as part of a (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
planned unit development subject to the 1513 § 1 (Exh.A) (part), 2000)
provisions of Chapter 18.54
3. Accessory Uses.
Fences Chapter 18.30
Signs,subject to Chapter 18.65
Refuse containers B-2 COMMUNITY BUSINESS DISTRICT
Other buildings and structures typically acces
sory to permitted uses Sections:
Parking areas as required by Chapter 18.50. 18.30.010 Intent.
Temporary building and yards incidental to 18.30.020 Permitted uses.
construction work 18.30.030 Lot area and width.
18.30.040 Lot coverage.
18.28.030 Lot area and width. 18.30.050 Yards.
Lot area for the B-1 district shall be adequate to 18.30.060 Building height.
provide for required yards and off-street parking,but
in no case less than five thousand square feet and 18.30.010 Intent.
fifty feet in width.(Ord. 1516(part),2000:Ord. 1514 The intent of the B-2 community business district
(part), 2000: Ord. 1513 § 1 (Exh. A) (part), 2000) is to provide for a broad range of retail and service
(Bowman 11-01) 338
18.30.020
functions with access oriented to major arterial Medical, dental or health clinic
streets. (Ord. 1516 (part), 2000: Ord. 1514 (part), Medical and orthopedic appliance store
2000: Ord. 1513 § 1 (Exh.A) (part),2000) Messenger or telegraph service station
Mortuary
18.30.020 Permitted uses. Museum
Permitted uses in the B-2 district are as follows: Music and instrument sales,service and repair
A. Principal Uses. shop
Ambulance service Music or dance studio
Audio-visual equipment rental Nursery,plant
Automobile parking lot or garage(public or Offices (as defined in this title)
private) Optician
Automobile rental service Pawn shop
Bakery for on-site sales,less than four Personal and convenience services
thousand square feet Pet grooming shop
Banks and other financial institutions Photographic studio
Bicycle sales,service and repair shop Picture frame shop
Bowling alleys Private club, fraternity, sorority or lodge
Bus terminals Public buildings
Business and office machine sales,service and Radio or television,service and repair
repair shop Radio and television studio,without transmis
Churches sion towers
Clothing and costume rental shop Research laboratories
Community center or meeting hall Restaurants
Convenience food restaurant Retail sales, as defined in this title,with the
Convenience uses exception of those uses listed as conditional
Custom dressmaking,furrier, millinery or uses in subsection B of this section and adult
tailor shop employing five persons or less businesses as defined in this title
Dancing or theatrical studio Shoe repair and shoeshine shop
Delicatessen and catering establishment Tailor shop, less than five employees
Apartments located on the second or sub- Theater,excluding drive-in theater
sequent floors Travel agency
Essential services(Type 1) Upholstery shops (excluding on-site uphol
Equipment service stery service for cars,boats,trailers,trucks,
Extended-stay lodgings and other motorized vehicles requiring over
Frozen food storage and locker rental night storage)
Game rooms, poolhalls Watch repair shop
Garden supply store,indoor sales only Wholesale establishments that use samples,
Hardware store,no exterior storage but do not stock on premises
Health and exercise center B. Conditional Uses.
Hobby and coin shop Amusement and recreational activities
Hotel or motel Automobile repair facilities
Interior decorator's shop Automobile service stations,with or without
Jewelry and metal craft store fuel dispensing
Lock and key shop Automobile washing establishment,drive-
Mail order catalog store through
339 (Boorman a-m)
18.30.030-18.32.010
Automobile washing establishment,self-ser 2000:Ord. 1514(part),2000:Ord. 1513§ 1(Exh.A)
vice (part),2000)
Bar(tavem,cocktail lounge)
Building materials sales 18.30.050 Yards.
Business,technical or vocational school Every lot in the B-2 district shall have the follow-
Community residential facilities ing minimum yards:
Convenience food store with gas pumps Front yard 25 feet
Day care center Rear yard 10 feet
Essential services(Type 11) Side yards 8 feet each side.
Hospitals (NOTE: All yards shall be subject to the provisions
Recreational vehicle an d boat sales and/or of Section 18.50.060(D) when applicable.) (Ord.
rental 1516(part),2000:Ord. 1514(part),2000:Ord. 1513
Restaurants serving alcoholic beverages § 1 (Exh.A) (part),2000)
Tennis and racquet clubs
Veterinary clinics 18.30.060 Building height.
Wholesale distributors with on-premise retail Maximum building height in the B-2 district shall
outlets,providing warehousing is limited to be thirty-eight feet for buildings with roof pitches of
commodities which are sold on the premises 3:12 or greater and thirty-two feet for buildings with
Any use,except casinos,approved as part of a flat roofs or with roof pitches of less than 3:12(Ord.
planned unit development subject to the 1516(part),2000:Ord. 1514(part),2000: Ord. 1513
provisions of Chapter 18.54 § 1 (Exh.A) (part), 2000)
C. Accessory Uses.
Fences
Signs, as per Chapter 18.65 Chapter 18.32
Refuse containers
Other buildings and structures typically acces B-3 CENTRAL BUSINESS DISTRICT
sory to permitted uses
Temporary buildings and yards incidental to Sections:
construction work. 18.32.010 Intent.
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. 1832.020 Permitted uses.
1513 § 1 (Exh.A)(part), 2000) 18.32.030 Lot area and width.
1832.040 Lot coverage.
18.30.030 Lot area and width. 1832.050 Yards.
There shall be no minimum lot area in the B-2 1832.060 Building height.
district; however,no lot width shall be less than one
hundred feet and the lot area shall be sufficient to 1832.010 Intent.
provide all required yard areas and off-street parking. A. The intent of the B-3 central business district
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. is to provide a central area for the community's
1513 § 1 (Exh.A) (part), 2000) business,government,service,and cultural activities.
Uses within this district should be appropriate to such
18.30.040 Lot coverage. a focal center with inappropriate uses being
In the B-2 district, the entire lot, exclusive of excluded. Room should be provided in appropriate
required yards and parking, may be occupied by the areas for logical and planned expansion of the pres-
principal and accessory buildings.(Ord. 1516(part), ent district.
(Boorman a-m) 340
18.32.020
B. It is the intent of this district to encourage high site retail sales
volume, pedestrian-oriented uses in ground floor Hardware store, no exterior storage
space in the "core area" of Bozeman's central Health and exercise center
business district, i.e., along Main Street from Grand Hotel or motel
to Rouse and to the alleys one half block north and Interior decorator's shop
south from Main Street. Lower volume pedestrian Laboratories,research and diagnostic,except
uses such as professional offices may locate on on ground floor in core area as described
ground floor space in the B-3 area outside the above above
defined core. (Ord. 1516 (part), 2000: Ord. 1514 Laundromat, self service
(part),2000: Ord. 1513 § 1 (Exh.A)(part),2000) Laundry, dry cleaning
Libraries
18.32.020 Permitted uses. Lock and key shop
Permitted uses in the B-3 district are as follows: Mail order catalog store
A. Principal Uses. Medical,dental or health clinic,except on
Ambulance services ground floor in core area as described above
Antique shop and store Messenger or telegraph service station
Apartments,except on ground floor in "core Museum
area"as described above Music and instrument sales,service and repair
Appliance sales, services shop
Audio-visual equipment rental Music or dance studio
Automobile parking lot or garage(public or Offices,public or private, except on ground
private) floor in core area as described above
Bakery for on-site sales,less than four thou Optician
sand square feet Parking lots, except on ground level in core
Banks and other financial institutions area as described above
Barbershop Pet grooming shop
Beauty parlor Printing offices and publishing establishments
Bicycle service and repair shop Private club,fraternity, sorority or lodge
Business and office machine service and Private schools, such as dance,business,
repair shop secretarial and technical,but not private or
Butcher shops (retail sales only) public preschool,elementary or secondary
Churches,except on the ground floor in"core schools, and not on ground floor in core area
area"as described above as described above
Clothing and costume rental shop Public buildings
Community center or meeting hall Radio or television service and repair
Convenience food store Radio and television studio,without transmis
Custom dressmaking, furrier,millinery or sion towers except on ground floor within the
tailor shop employing five persons or less core area as described above
Dancing or theatrical studio Repair services for clothes,dolls,small appli
Delicatessen and catering establishment ances,watches,glasses and such other items
Dry cleaning and laundry establishment, for Restaurants
dropoff/pickup service Retail sales, as defined in this title, with the
Essential services (Type 1) exception of those uses listed as conditional
Game rooms,pool halls uses in subsection B of this section and adult
Handicraft manufacturing, primarily for on- businesses as defined in this title
341 (aouman 11-Ot)
18.32.030-18.32.060
Shoe repair and shoe shine shop sory to permitted uses
Sporting and athletic goods store Temporary buildings and yards incidental to
Tailor shop, less than five employees construction work.
Theater,excluding drive-in theater (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
Travel agency 1513 § 1 (Exh.A) (part),2000)
Upholstery shops,excluding on-site uphol
stering services of cars,boats,trucks and other 18.32.030 Lot area and width.
heavy equipment No minimum lot area or width is prescribed for the
Watch repair shop B-3 district. (Ord. 1516 (part), 2000: Ord. 1514
Wholesale establishments that use samples, (part), 2000: Ord. 1513 § 1 (Exh.A) (part),2000)
but do not stock on premises
B. Conditional Uses, 18.32.040 Lot coverage.
Automobile body shops In the B-3 district,buildings may cover entire lot
Automobile service stations providing other requirements are met. (Ord. 1516
Automobile upholstery shops (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § I
Bakeries,other than as listed as principal uses (Exh.A) (part), 2000)
in subsection A of this section.
Bar(tavern,cocktail lounge) 18.32.050 Yards.
Bowling alley A. No minimum yards prescribed for the B-3
Building materials sales district except a fifteen-foot front yard shall be
Bus terminal required on Mendenhall and Babcock Streets.
Carwashes, hand operated B. Where at least fifty percent of a block(from
Civic centers cross-street to cross-street) in the B-3 district is
Convenience food restaurant presently used for residential purposes and commer-
Convenience food store with gas pumps cial use is to be developed or expanded,a minimum
Day care homes and centers fifteen foot corner- side or front yard shall be
Essential services (Type 11) required from the streets on which the residential use
Hospitals fronts.
Mortuaries C. All yards shall be subject to the provisions of
Muffler sales and service shops Section 18.50.060(D) when applicable. (Ord. 1516
Offices,on ground floor within the core area (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
as described above (Exh.A) (part), 2000)
Restaurants serving alcoholic beverages
Retail uses in addition to those principle uses 18.32.060 Building height.
listed in subsection A of this section Maximum building height in the B-3 district shall
Sign paint shops (not including neon sign be fifty-five feet.(Ord. 1516(part),2000:Ord. 1514
fabrication) (part), 2000: Ord. 1513 § 1 (Exh. A) (part), 2000)
Video arcades
Any use,except casinos,approved as part of a
planned unit development subject to the
provisions of Chapter 18.54
C. Accessory Uses.
Signs, as per Chapter 18.65
Refuse containers
Other buildings and structures typically acces
(B.ze.n i wn 342
18.34.010-18.34.020
Chapter 18.34 Hotel or motel
Manufacturing,light,and completely indoors
M-1 LIGHT MANUFACTURING DISTRICT Medical,dental or health clinic
Messenger or telegraph service station
Sections: Newsstand
18.34.010 Intent. Nursery,plant
18.34.020 Permitted uses. Offices
18.34.030 Lot area and width. Office supply and office equipment store
18.34.040 Lot coverage. Optician
18.34.050 Yards. Public buildings
18.34.060 Building height. Radio and television studio,without transmis
sion towers
18.34.010 Intent. Repair and service establishment for light con
The intent of the M-1 light manufacturing district sumer goods,such as appliances and furniture
is to provide for the community's needs for whole- Research laboratories
sale trade, storage and warehousing, trucking and Restaurant
transportation terminals, light manufacturing and Sign shops
similar activities. The district should be oriented to Trade schools
major transportation facilities yet arranged to mini- Travel agency
mize adverse effects on residential development; Truck,bus and rail terminal facilities
therefore,some type of screening may be necessary. Warehousing
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. Warehousing,residential storage(mini-ware
1513 § 1 (Exh.A) (part),2000) housing)
B. Conditional Uses.
18.34.020 Permitted uses. Automobile service station
Permitted uses in the M-1 district are as follows: Adult business, located no closer than five
A. Principal Uses. hundred feet from any other adult use,home,
Ambulance service residential district, school,place of worship,
Automobile,boat or recreational vehicle sales, public park or any youth-oriented establish
service and/or rental ment
Automobile parking lot or garage(public or Amusement and recreational facilities
private) Animal shelters
Automobile repair facilities Automobile washing establishment,drive
Bakery through
Banks and other financial institutions Automobile washing establishment,self-ser
Building contractor's office vice
Building materials sales Day care center
Business and office machine sales,service and Essential services(Type 1 )
repair shop Flour and feed mills
Cabinet shops Food processing plants
Churches Grain elevators
Community center or meeting hall Machine shops
Convenience food restaurant Personal and convenience services
Essential services (Type 1) Retail establishments other than principal uses
Health and exercise center listed in subsection A of this section
343 (6omman 11-01)
18.34.030-18.34.060
Tennis and racquet clubs 18.34.040 Lot coverage.
Truck repair facilities In the M-1 district, the entire lot, exclusive of
Truck stop required yards and parking, may be occupied by the
Truck service station principal and accessory buildings.(Ord. 1516(part),
Truck washing establishment 2000:Ord. 1514(part),2000:Ord. 1513§ 1(Exh.A)
Veterinary clinics I (part), 2000)
Any use approved as part of a planned unit
development subject to the provisions of 18.34.050 Yards.
Chapter 18.54 A. Every lot in the M-1 district shall have the
C. Accessory Uses. following minimum yards:
Personnel service facilities providing services, Front yard 20 feet
education,recreation,entertainment,food and Rear yard 3 feet,for structures only*
convenience goods primarily for those per Side yards 3 feet,for structures only*
sonnel employed in the principal use * When a lot is adjacent to or across the street from
Business signs another zone,the yard requirements shall be the same
Outside storage if accessory to a principal use as the adjoining zone and buildings shall be screened
and if screened from the street and sur with either a decorative fence or plantings. The
rounding properties by solid fence or dense provisions of R-S,PLI,and BP shall be interpreted as
plantings at least six feet high those of R-2.
Trash receptacles B. Also,rear or side yards adjacent to alleys shall
Other buildings and structures typically acces be at least five feet.
sory to permitted uses (NOTE: All yards shall be subject to the provisions
Temporary buildings and yards incidental to of Section 18.50.060(D) when applicable.) (Ord.
construction 1516(part),2000:Ord. 1514(part),2000:Ord. 1513
§ 1 (Exh. A) (part),2000)
Any residential use which is clearly incidental
to the operation of a permitted principal or condi- 1834.060 Building height
tional use, such as dormitories for the use of a Maximum building height in the M-1 district shall
scientific research center, caretaker and watchman, be forty feet. (Ord. 1516 (part), 2000: Ord. 1514
including residential use in connection with mini- (part), 2000: Ord. 1513 § 1 (Exh. A)(part), 2000)
warehousing for office/watchman purposes.(Ord.
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 Chapter 18.36
§ I (Exh. A)(part),2000)
M-2 MANUFACTURING AND INDUSTRIAL
18.34.030 Lot area and width. DISTRICT
Lot area for the M-1 district shall not be less than
seven thousand five hundred square feet and no lot Sections:
width shall be less than seventy-five feet and the lot 18.36.010 Intent.
area shall provide all required yard areas and off- 1836.020 Permitted uses.
street parking and loading. (Ord. 1516 (part), 2000: 1836.030 Lot area and width.
Ord. 1514 (part), 2000: Ord. 1513 § I (Exh. A) 18.36.040 Lot coverage.
(part), 2000) 18.36.050 Yards.
18.36.060 Building height.
(Bozeman 11-01) 344
18.36.010-18.36.050
18.36.010 Intent. Veterinary clinics
The intent of the M-2 manufacturing and industrial Any use approved as part of a planned unit
district is to provide for heavy manufacturing and development subject to the provisions of
industrial uses,servicing vocational and employment Chapter 18.54
needs of Bozeman residents.(Ord. 1516(part),2000: C. Accessory Uses.
Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) All accessory uses permitted in the M-1 dis-
(part), 2000) trict shall also be permitted as accessory uses in the
M-2 district. (Ord. 1516 (part), 2000: Ord. 1514
18.36.020 Permitted uses. (part),2000: Ord. 1513 § 1 (Exh.A) (part), 2000)
Permitted uses in the M-2 district are as follows:
A. Principal Uses.All principal uses permitted in 18.36.030 Lot area and width.
the M-1 district,plus any manufacturing or industrial There shall be no minimum lot area in the M-2
use is provided in this district if in compliance with district,however no lot width shall be less than one
all provisions of this title; however, no residential hundred feet and the lot area shall provide all re-
uses, auto wrecking yards, junkyards or garbage quired yard areas and off-street parking and loading.
dumps shall be permitted except as conditional uses. (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
B. Conditional Uses. 1513 § 1 (Exh.A) (part), 2000)
Automobile service station,with or without
fuel dispensing 18.36.040 Lot coverage.
Adult businesses(if located no closer than five In the M-2 district, the entire lot, exclusive of
hundred feet from any other adult business, required yards and parking, may be occupied by the
home,residential district boundary, school, principal and accessory buildings.(Ord. 1516(part),
church,public park or any youth-oriented 2000:Ord. 1514(part),2000: Ord. 1513§ 1(Exh.A)
establishment) (part),2000)
Amusement and recreational facilities
Animal shelters 18.36.050 Yards.
Automobile washing establishment,drive A. Every lot in the M-2 district shall have the
through following minimum yards:
Automobile washing establishment, self-ser Front yard 20 feet
vice Rear yard 3 feet,for structures only*
Day care center Side yards 3 feet,for structures only*
Essential services (Type II) * When a lot is adjacent to or across the street from
Garbage transfer station another zone,the yard requirements shall be the same
Junk salvage yards (if adequately screened) as the adjoining zone and buildings shall be screened
Production manufacturing and generation with either a decorative fence or plantings. The
facilities (electric and gas) provisions of R-S,PLI and BP shall be interpreted as
Residences for owner or caretaker of junk those of R-2.
salvage yards B. Also,rear or side yards adjacent to alleys shall
Retail establishments other than principal uses be at least five feet.
listed in subsection A of this section (NOTE: All yards shall be subject to the provisions
Solid waste landfill of Section 18.50.060(D) when applicable. (Ord.
Truck repair facilities 1516(part),2000: Ord. 1514 (part),2000: Ord.
Truck stop 1513 § 1 (Exh.A) (part), 2000)
Truck service station
Truck washing establishment
345 (Bozeman 11-01)
18.36.060-18.38.050
18.36.060 Building height. B. Conditional Uses.
The maximum building height in an M-2 district Banks and financial institutions
shall be forty feet.(Ord. 1516(part),2000:Ord. 1514 Trade schools
(part), 2000:Ord. 1513 § 1 (Exh.A)(part), 2000) Day care centers
Essential services (Type II)
Health and exercise establishments
Chapter 18.38 Any use approved as part of a planned unit
development subject to the provisions of
BP BUSINESS PARK DISTRICT Chapter 18.54
C. Accessory Uses.
Sections: Fences
18.38.010 Intent. Personnel service facilities providing services,
18.38.020 Permitted uses. education,food and convenience goods
18.38.030 Lot area and width. primarily for those personnel employed in the
18.38.040 Lot coverage. principal use
18.38.050 Yards. Signs, subject to Chapter 18.65
18.38.060 Building height. Refuse containers
Other buildings and structures typically acces
18.38.010 Intent. sory to permitted uses
The intent of the business park district is to pro- Temporary buildings and yards incidental to
vide for high-quality settings and facilities for the construction work.
development of a wide range of compatible employ- Parking areas as required by Section
ment opportunities.These areas should be developed 18.50.120. (Ord. 1516(part),2000:Ord. 1514(part),
so as to recognize the impact on surrounding or 2000: Ord. 1513 § 1 (Exh.A) (part), 2000)
adjacent development and contribute to the overall
image of the community.Compatibility with adjacent 18.38.030 Lot area and width.
land uses and zoning is required. (Ord. 1516 (part), Lot area for the BP district shall not be less than
2000:Ord. 1514(part),2000:Ord. 1513§ 1 (Exh.A) one acre, and no lot width shall be less than one
(part).2000) hundred fifty feet.(Ord. 1516(part),2000:Ord. 1514
(part), 2000: Ord. 1513 § 1 (Exh.A) (part),2000)
18.38.020 Permitted uses.
Permitted uses in the BP district are as follows: 18.38.040 Lot coverage.
A. Principal Uses. Not more than sixty percent of the total lot area
Administrative and research office facilities shall be occupied by impervious surfaces in the BP
Essential services (Type 1) district. The remaining forty percent of the total lot
Laboratories, research and diagnostic area shall be landscaped as defined in Section
Manufacturing,light,and completely indoors 18.50.100.(Ord. 1516(part),2000:Ord. 1514(part),
Pilot plants 2000: Ord. 1513 § 1 (Exh.A) (part),2000)
Professional and business offices
Prototype development 18.38.050 Yards.
Medical clinics Every lot in the BP district shall have the follow-
Hospitals ing minimum yards:
Technology research establishments Front yard 35 feet*
Temporary buildings, for and during con Rear yard 25 feet*
struction only Side yards 25 feet*
(Bo=�11-01) 346
18.38.060-18.39.020
* All yards fronting on public or private streets shall 1839.015 Applicability.
be a minimum of thirty-five feet.Front,rear and side To the maximum extent allowed by state law, all
yard requirements shall be increased three feet for PLI development shall be subject to review and
each additional five thousand square feet over total approval by the city commission,based upon recom-
gross floor area of twenty-five thousand square feet, mendations received from the development review
up to maximum requirement of forty feet for rear and committee and design review board, and shall be
side yards and fifty feet for front yards. required to comply with all applicable underlying
(NOTE: All yards shall be subject to the provisions zoning requirements,as well as any requirements for
of 18.50.060(D)when applicable.)(Ord. 1516(part), certificates of appropriateness as established in
2000:Ord. 1514(part),2000:Ord. 1513§ 1(Exh.A) design objective plans or other overlay district regu-
(part), 2000) lations or guidelines. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
18.38.060 Building height. 2000)
Maximum building height in the B-P district shall
be thirty-eight feet for buildings with roof pitches of 1839.020 Permitted uses.
3:12 or greater and thirty-two feet for buildings with Permitted uses in the PLI district are as follows:
flat roofs or with roof pitches of less than 3:12.(Ord. A. Principal Uses.
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 Ambulance service
§ 1 (Exh.A)(part),2000) Cemeteries
Essential services(Type I)
Museums,zoos,historic and cultural facilities
Chapter 18.39 and exhibits
Other public buildings,i.e.,fire and police sta
PLI PUBLIC LANDS AND INSTITUTIONS tions and municipal buildings
DISTRICT Public and nonprofit,quasi-public institutions,
i.e.,universities,elementary,junior and senior
Sections: high schools and hospitals
18.39.010 Intent. Publicly owned land used for parks,play
18.39.015 Applicability. grounds and open space
18.39.020 Permitted uses. B. Conditional Uses.
18.39.030 Lot area and width. All principal and any accessory uses shall be
18.39.040 Lot coverage. subject to site plan review and any conditions re-
1839.050 Yards. quired as part of site plan approval.Permitted condi-
tional uses in the PLI district shall include day care
18.39.010 Intent. centers, essential services(Type II), and solid waste
The intent of the PLI public lands and institutions landfill facilities.
district is to provide for major public and quasi- C. Accessory Uses.
public uses outside of other districts.Not all public Other buildings and structures typically acces-
and quasi-public uses need to be classified PLI.Some sory to permitted uses.(Ord. 1516(part),2000:Ord.
may fit within another district;however,larger areas 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
will be designated PLI.(Ord. 1516(part),2000:Ord. 2000)
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
2000)
347 (Bowman 1401)
18.39.030-18.40.020
18.39.030 Lot area and width. Because of the variety of circumstances which exist
The lot area and width requirement of the PLI in different areas of the city and the different treat-
district is as follows: no requirement. (Ord. 1516 ment accorded those areas in the master plan,it is not
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1 possible to establish a zoning district with uniform
(Exh.A) (part),2000) listing of uses and standards which is applicable to all
such areas.Therefore,the historic mixed use district
1839.040 Lot coverage. is intended to provide procedures and criteria for
In the PLI district, the entire lot, exclusive of recognition of such areas and for the development of
required yards and parking, may be occupied by the standards governing each application of the district to
principal and accessory buildings.(Ord. 1516(part), a particular area. It is further intended that the
2000:Ord. 1514(part),2000:Ord. 1513§ 1(Exh.A) historic mixed use district will be very selectively
(per). 2000) used.(Ord. 1516(part),2000:Ord. 1514(part),2000:
Ord. 1513 § 1 (Exh.A) (part),2000)
18.39.050 Yards.
In the PLI district, there is no yard requirement 18.40.020 Criteria for establishment of the
except when a lot is adjacent to another district.The historic mixed use district
yards then shall be the same as the adjacent district. Before any area is designated as a historic mixed
(NOTE: All yards shall be subject to the provisions use district,the city commission shall make affirma-
of Section 18.50.060(D) when applicable.) (Ord. tive findings that:
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 A. The area to be classified as a historic mixed
§ I (Exh.A) (part), 2000) use district includes the approximate equivalent of at
least one standard city block three hundred feet by
three hundred feet, not held in single ownership
Chapter 18.40 unless developed over time while held in multiple
ownership;
HISTORIC MIXED USE DISTRICT B. A special study of the area has been completed
showing how the proposed historic mixed use district
Sections: would be integrated with the surrounding area
18.40.010 Description and purpose. consistent with the objectives of the master plan and
18.40.020 Criteria for establishment of the other applicable policies adopted by the city;
historic mixed use district. C. At least fifty percent of the lots to be classified
18.40.030 Historic mixed use district as an historic mixed use district are already
elements. developed with structures;
18.40.040 Initiation,procedures and notice. D. The existing development has occurred over a
period of years and is characterized by a mixture of
18.40.010 Description and purpose. uses not permissible under a single zoning clas-
Due to historical development patterns, certain sification and includes a representative sampling of
areas of the city are characterized by a mixture of uses in the immediate area;
uses such as residential and commercial uses or E. None of the standard zoning districts are
residential and industrial uses which are normally capable of or suitable for promoting the objectives of
segregated under standard zoning districts. In some the master plan applicable to preexisting noncon-
instances,provision for a continuation of a mixture of forming uses;
uses will serve both the public interest and allow a F. The uses to be permitted within the historic
more equitable balancing of private interests than mixed use district will be compatible with one an
would the utilization of a standard zoning district.
(Bowman I1-01) 348
18.40.030-18.41.020
other and will provide a functional and healthful B. In addition, all HMUD applications shall be
environment; reviewed by the design review board. (Ord. 1516
G. The uses to be permitted and the development (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
standards to be applied in the proposed district will (Exh.A) (part), 2000)
promote the objectives of the master plan and other
applicable policies adopted by the city. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1 Chapter 18.41
(Exh.A)(part),2000)
R-MH SINGLE-HOUSEHOLD MOBILE
18.40.030 Historic mixed use district elements. HOME DISTRICT
Because the historic mixed use district is designed
to be applied to diverse situations, the specific Sections:
mixture of uses permitted and the development 18.41.010 Intent.
standards required will have to be specified for each 18.41.020 Permitted uses.
application of the district to a particular area.There- 18.41.030 Lot area and width.
fore, the ordinance applying the historic mixed use 18.41.040 Yards.
district to a specific area shall contain the following 18.41.050 Building height.
elements: 18.41.060 Additional building and perform-
A. A description and purpose section setting forth ance standards.
the specific purposes the district is intended to
accomplish in the particular situation; 18.41.010 Intent.
B. A use section setting forth the activities or The intent of the R-MH single-household mobile
categories of activities to be permitted, or the per- home district is to provide for single-household
formance standards to be used in evaluating specific mobile home and single-household dwelling
activities.This section shall govern the uses within a developments and directly related complementary
particular historic mixed use district; uses within the city at a medium density.The district
C. A standards section setting forth general is intended to be strictly residential in character with
development standards governing parking,coverage, a minimum of disturbances due to traffic or
setbacks,height limitations,and other factors which overcrowding. (Ord. 1516 (part), 2000: Ord. 1514
are either different than or supplemental to the nor- (part),2000: Ord. 1513 § 1 (Exh.A)(part), 2000)
mal standards of the code;
D. Exemption.When an area has been classified 18.41.020 Permitted uses.
as an historic mixed use district,the general building Permitted uses in the R-MH district are as follows:
and development standards set forth in Chapter 18.50 A. Principal Uses.
of this code shall govern, but not to the extent the Single-household detached residences
special development standards set forth under Single-household mobile homes
Section 18.40.030(C)shall prevail.(Ord. 1516(part), Public parks
2000:Ord. 1514(part),2000:Ord. 1513§ 1(Exh.A) Day care homes,family
(part), 2000) Day care homes,group
Essential services (Type 1)
18.40.040 Initiation,procedures and notice. Mobile home parks on sites of not less than
A. Application for historic mixed use district ten acres,with a minimum of twenty-five lots
designation shall be administered under the provi- Mobile home subdivisions on sites of not less
sions established in Chapter 18.55,Text Amendment than ten acres
and Rezoning Changes.
349 Homman a-on
18.41.030-18.41.060
B. Conditional Uses. 1516(part),2000:Ord. 1514(part),2000: Ord. 1513
Churches § 1 (Exh.A) (part), 2000)
Day care centers
Essential services (Type In 18.41.040 Yards.
Public buildings Every lot shall have the following yards:
Golf courses Front yard 20 feet
Temporary sales and office buildings Rear yard 8 feet
Private recreational vehicle and boat storage Side yards 8/20*feet
areas for more than two vehicles Corner side yard 20 feet
Any use approved as part of a planned unit * No side yard shall be less than 8 feet; at least one
development subject to the provisions of side yard shall be 20 feet.
Chapter 18.54. (NOTE: All yards shall be subject to the provisions
C. Accessory Uses. of 18.50.060(D)when applicable.)(Ord. 1516(part),
Accessory buildings and uses customarily inci- 2000:Ord. 1514(part),2000:Ord. 1513 § I (Exh.A)
dental thereto. No part of any mobile home park or (part),2000)
subdivision shall be used for nonresidential purposes,
except such uses that are required for direct servicing 18.41.050 Building height.
and the well-being of park residents and for Maximum building height in the R-MH district
management and maintenance of the park or subdi- shall be thirty feet for buildings with roof pitches of
vision. Nothing in this section shall be deemed as 3:12 or greater and twenty-four feet for buildings
prohibiting the sale of a mobile home located on a with flat roofs or with roof pitches of less than 3:12.
mobile home stand and connected to the pertinent (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
utilities. 1513 § 1 (Exh. A) (part),2000)
Fences
Greenhouses 18.41.060 Additional building and perform-
Home occupations ance standards.
Private garages Development of any parcel of land within this
Private or jointly owned community center district shall be subject to all applicable requirements
recreational facilities,pools,tennis courts, of Chapter 18.50, including, but not limited to,
spas,recreational vehicle and boat storage fences, parking, signs, landscaping and home
areas for less than three vehicles occupations. In addition, single-household mobile
Tool sheds,for storage of domestic supplies home development will be subject to the following
Temporary buildings and yards incidental to general requirements:
construction work A. Minimum Area for R-MH District.
Other buildings and structures customarily 1. The minimum total R-MH district shall be no
accessory to mobile home development. less than ten acres unless the applicant can show that
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. the minimum area requirements should be waived
1513 § 1 (Exh.A) (part), 2000) because the waiver would be in the public interest
and that one or all of the following conditions exist:
18.41.030 Lot area and width. a. Unusual physical features of the property
The minimum lot area for the R-MH district shall itself or of the surrounding area such that develop-
be five thousand five hundred square feet where both ment under the standard provisions of this title
community water and sanitary sewer is available, would not be appropriate in order to conserve a
The minimum lot width shall be fifty-five feet.(Ord. physical or terrain feature of importance to the
neighborhood or community; or
(Bozeman 11-01) 350
18.41.060
b. The property is adjacent to or across the street e. Standard mobile home skirting must be pro-
from property which has been developed under the vided around the entire perimeter of the mobile home
provisions of this section and will contribute to the between the bottom of the body of the mobile home
amenities of the area. and the ground, except where the running gear has
2. Waiver of the ten acre minimum may be been removed and the mobile home itself is attached
granted by the city commission. directly to the permanent foundation.
B. Plumbing and Electrical Requirements. All f. All required front yards of mobile home lots
mobile home developments developed under this shall be fully landscaped.
chapter shall comply with Montana State Department g. All private,commonly owned recreation areas
of Health regulation No.54-500 or any amendment not devoted to buildings,structures,surfaced courts,
thereto concerning plumbing and electrical sand boxes,etc.shall be landscaped and irrigated.
requirements. D. Permits and Inspections.
C. Lot Improvements. 1. Move-In Permit Required.All mobile homes
1. Utility Hookup. Every mobile home shall be moved into the city must be issued a move-in permit,
permanently connected to electric power, water pursuant to this section, and be inspected by the
supply, sewage disposal, gas and telephone service building inspector, prior to gas and electric service
lines in compliance with applicable city codes, and being turned on by the servicing utility.A copy of the
all utility distribution and service lines shall be original sales contract shall be available for permit
installed underground. informational purposes.
2. Permanent Foundations and Anchoring. All 2. City Inspection Required.
mobile homes shall be required to be physically a. The required inspections for mobile homes
connected to an approved permanent foundation. shall include on-site utilities requirements including
Minimum permanent foundation standards for mobile gas,electric,sewer and water,setback requirements,
homes are available at the city building department. and off-street parking requirements, fees for which
Building permits issued through the city building have been established by the city commission by
department are required for the foundations. resolution.
3. Maintenance. b. It is unlawful for any person,firm,corporation
a. There shall be no exposed outdoor storage of or agency to turn on, or allow to be turned on, any
furniture (except lawn furniture), household goods, gas or electric service without an inspection and
tools, equipment,or building materials or supplies. clearance from the building inspector of the city.
b. No mobile home maybe parked on a public or 3. Non-Mobile-Home Improvements Subject to
private street for more than twenty-four hours. the Uniform Building Code. Permits must be ob-
c. An abandoned, burned or wrecked mobile tained for additions, alterations, canopies, carports,
home must be secured against entry as directed by storage areas and detached refrigeration units that
the fire chief and may not be kept on a lot for more were not included in the original sale of the mobile
than forty-five days. home unit, fees for which are set by the Uniform
d. Each mobile home must bear an insignia Building Code(Section 8-1)and Uniform Mechani-
which attests that the construction of the mobile cal Code(Section 9-4).
home meets regulation A119.1 of the American 4. Owner's Responsibility. It shall be the re-
National Standards Institute (adopted by the U.S. sponsibility of the individual property owners or,in
Department of Housing and Urban Development),or the case of a rental park,the managers of rental parks
be certified as meeting the Mobile Home Con- to see that all sections of this article are complied
struction and Safety Standards of the U.S. Depart- with,including requirements relative to placement of
ment of Housing and Urban Development. mobile homes, and all required permits. (Ord. 1516
351 (aumman 11-01)
18.42.010
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § I C. The intent and purpose of the conservation
(Exh.A) (part),2000) district designation is to stimulate the restoration and
rehabilitation of structures, and all other elements
contributing to the character and fabric of established
Chapter 18.42 residential neighborhoods and commercial or
industrial areas.New construction will be invited and
NEIGHBORHOOD CONSERVATION encouraged provided primary emphasis is given to
OVERLAY DISTRICT the preservation of existing buildings and further
provided the design of such new space enhances and
Sections: contributes to the aesthetic character and function of
18.42.010 Intent and purpose. the property and the surrounding neighborhood or
18.42.020 Definitions. area. Contemporary design will be encouraged,
18.42.030 Design review board and , provided it is in keeping with the above-stated crite-
administrative design review staff ria, as an acknowledged fact of the continuing de-
powers and duties within conser- velopmental pattern of a dynamic,changing commu-
vation districts. nity.The neighboring community shall be provided
18.42.040 Conservation district designation notice and opportunity to comment upon the pro-
or recision. posed property improvements in accordance with
18.42.050 Certificate of appropriateness. Section 18.52.055 and further, aggrieved persons
18.42.060 Standards for certificates of shall have the right to appeal any design review
appropriateness. decision made under the provisions of this chapter,in
18.42.070 Application requirements for accordance with Section 18.42.100 and Chapter
certificates of appropriateness in 18.58.
conservation districts. D. In view of the fact that most of the area in-
18.42.080 Deviations from underlying cluded within the boundaries of the conservation
zoning requirements. district was developed and built out prior to the
18.42.090 Demolition or more of structures adoption of zoning and contemporary subdivision
or sites within the conservation regulations, construction, development pattern and
district. range of uses is highly diverse and frequently not in
18.42.100 Appeals. compliance with conventional regulatory require-
ments.This chapter recognizes that this diversity is a
18.42.010 Intent and purpose. major contributing element of the historic character
A. All new construction, alterations to existing of these neighborhoods or areas. The provisions of
structures,movement of structures into or out of the this chapter shall be applied in a manner that will
neighborhood conservation overlay district,hereinaf- encourage the protection and enhancement of the
ter referred to as conservation district,or demolition many diverse features for future generations.
of structures by any means or process will be subject E. The conservation district boundary is largely
to design review.The recommendations of the design coterminous with the area surveyed in the effort that
review board or administrative design review staff led to the listing of eight districts and forty additional
shall be given careful consideration in the final action landmark structures in the National Register of
of any agency, board or commission involved in Historic Places and includes the eight designated
conservation district development decisions. districts and forty landmarks.This chapter sets forth
B. This chapter defines and sets forth standards the means of protecting and enhancing the conserva-
which apply to conservation districts. tion district.
(Bozeman I1-0I) 352
18.42.020
F. It is further the purpose of the conservation posed property improvements in accordance with
district designation to protect and enhance neighbor- Section 18.52.055, with the exception of certain
hoods or areas of significant land planning or archi- sketch plan applications with potentially little neigh-
tectural character,historic landmarks or other built or borhood impact, and to further provide aggrieved
natural features for the educational, cultural, persons with the right to appeal review decisions
economic benefit or enjoyment of Bozeman citizens. made under the provisions of this chapter, in accor-
It will be the policy and responsibility of the admin- dance with Section 18.42.100 and Chapter 18.58.
istrative entities of this chapter to: (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
1. Protect,preserve,enhance and regulate struc- 1513 § 1 (Exh. A) (part),2000)
tures,archaeological sites and areas that are remind-
ers of past eras,events or persons important in local, 18.42.020 Definitions.
state or national history;or which provide significant Unless specifically defined below, words and
examples of land planning or architectural styles or phrases in this chapter shall be interpreted so as to
are landmarks in the history of land planning and give them the same meaning as set forth in the
architecture; or which are unique or irreplaceable principal definitions section(Chapter 18.04),or if not
assets to the city and its neighborhoods; or which so defined,shall have the same meaning as they have
provide examples of physical surroundings in which in common usage and so as to give this chapter its
past generations lived; or which represent and most reasonable application.
express the unique characteristics of small agricultur- "Alteration" means any act or process, except
al-based, western city developmental patterns; repair and light construction as defined herein, that
2. Enhance property values through the stabili- changes one or more of the architectural features of a
zation of neighborhoods and areas of the city, in- structure or site, including, but not limited to, the
crease economic and financial benefits to the city and erection, construction, reconstruction, relocation of
its inhabitants, and promote tourist trade and or addition to a structure. The term alteration may
interests; apply to any act or process that changes the interior
3. Develop and maintain the appropriate envi- architectural features of that portion of a public or
ronment for buildings,structures,sites and areas that private property commonly frequented by the general
reflect varied planning and architectural styles and public, provided said public or private property is
distinguished phases of Bozeman's history and located within a designated historic district or listed
prehistory; individually on the National Historic Register.
4. Stimulate an enhancement of human life by However,changes upon interior elements of private
developing educational and cultural dimensions, residences, regardless of their location or historic
which foster the knowledge of Bozeman's heritage, status, shall not be considered alterations as defined
and cultivate civic pride in the accomplishments of in this section.
the past; "Architectural appearance"means the
5. Seek to maintain and enhance the many pri- architectural character and general composition of
vate and public elements that are unique to the fabric, a structure, including but not limited to,the kind
theme and character of each neighborhood and area, and texture of the building's materials and the type,
including but not limited to:lighting,pathways,street design and character of all windows, doors,light
trees,natural areas and other features that may,from fixtures, signs and appurtenant exterior elements;
time to time, be identified by the citizens and and, interior architectural detail including,but not
property owners of neighborhoods, areas, and limited to, floors,fixtures,hardware,
subsections thereof; and ornamentation and other elements that contribute to
6. Provide the neighboring community with the building's architectural or historical
notice and opportunity to comment upon the pro- significance.
353 (Bo=rt n-on
18.42.030
"Area"means a specific geographic division of the condition of the structure or property. Repainting
city of Bozeman. and reroofing shall be included under this definition
"Certificate" means a certificate of appropriate- of repair. (Ord. 1516 (part), 2000: Ord. 1514(part),
ness issued by the pertinent review authority indicat- 2000: Ord. 1513 § I (Exh.A)(part),2000)
ing its approval of plans to alter a structure.
"Conservation district"means an area designated 18.42.030 Design review board and admin-
as the neighborhood conservation overlay district on instrative design review staff powers
the city zoning map pursuant to the procedures set and duties within conservation
forth herein, districts.
"Construction" means the act of adding to an It is intended that the design review board and
existing structure or erecting a new principal or administrative design review staff will review devel-
accessory structure. opment within neighborhood conservation districts in
"Demolition" means any act or process that de- order to maintain underlying and desirable char-
stroys,in part or whole,a structure or archaeological acteristics of structures and areas within such dis-
site. tricts,while recognizing the need for innovation and
"Landmark"means a site,structure or object des- individual expression in the development of these
ignated as a`landmark" pursuant to the procedures districts. In carrying out this mission, the design
prescribed herein, that is worthy of preservation, review board and administrative design review staff
restoration or rehabilitation because of its historic shall have the following powers and duties within
land planning or architectural significance and offi- conservation districts:
cially recognized through listing in the National A. The administrative design review staff is
Register. A landmark shall be subject to all conser- empowered to implement conservation district pro-
vation district procedures and requirements. cedures and requirements and, within the conserva-
"Light construction" means any change not con- tion districts is empowered to approve,conditionally
strued as an alteration or repair,including: paving of approve, or deny sketch plan applications as per
established driving and parking areas (subject to the Section 18.42.070 and minor site plans,and to make
requirements of Section 18.50.120); construction of a recommendation to the final approval body for
patios not greater than one hundred twenty square conditional use permits for accessory dwelling units
feet in size;construction of sidewalks not wider than or where no additional building area will be created,
five feet; and landscaping (but not including major and certain demolition applications as per Section
changes in grading or site surface drainage). 18.42.090 through the issuance or denial of
"National Register"means the National Register certificates of appropriateness;
of Historic Places;a list,maintained by the U.S.De- B. The design review board is empowered to
partment of Interior,of sites,properties,objects and recommend the approval, conditional approval or
districts having local, state or national historical, denial of a certificate of appropriateness to the
architectural or cultural significance. body with final approval authority for major site
"Preservation board"means the Bozeman historic plan, conditional use permit where additional
preservation advisory board. building area will be created, and planned unit
"Relocation"means any movement of a structure development applications. The design review
on the same site or to another site. board is also empowered to approve, conditionally
"Repair" means any change not otherwise con- approve or deny certain demolition applications as
strued as light construction or an alteration,as herein per Section 18.42.090, or recommend such actions
defined, that constitutes replacing broken, wom or to the body with the final approval authority;
damaged materials with like, not necessarily
identical,materials and is insignificant to the size and
(B.n..a-m) 354
18.42.040-18.42.060
C. Both the design review board and administra- before any and all alteration(s) other than repair as
tive design review staff are empowered to: defined herein,are undertaken upon any structure in
1. Develop and apply specific guidelines related the conservation district.For alterations not requiring
to such concerns as architectural appearance, land- city commission or planning board approval,
scape design and signage for the alteration of struc- compliance with the design review board's or
tures, sites or areas; I administrative design review staff s decisions will be
2. Review applicable development proposals, mandatory subject to appeal to the city commission
applications for zoning amendments,or applications as set forth in Chapter 18.58 of this title.Application
for moving, demolition or any other kind of permit procedures are as follows:
that may affect properties within conservation dis- A. No building,demolition,conditional use,sign
tricts; or moving permit shall be issued within the conser-
3. Call upon city staff or persons having techni- vation district until a certificate of appropriateness
cal expertise for advice; has been issued by the appropriate review authority,
4. Testify before all boards, commissions and and until final action on the proposal has been taken.
agencies on any matter affecting architecturally B. Application,review and public notice proce-
significant sites,structures,objects,areas,neighbor- dures for proposals located within the conservation
hoods and districts; district are set forth in Chapter 18.5 1,Design Review
5. Review any tax abatement or other incentive Board, Administrative Design Review Staff and
programs being considered by the city commission Development Review Committee and Chapter 18.52,
that are designed to stimulate preservation and reha- Plan Review and Approval. If the demolition or
bilitation of structures and properties, and to review move of structures or sites subject to the conservation
any proposed action or development utilizing these district requirements is proposed, the procedures in
abatement or incentive programs. (Ord. 1531 § 11, Section 18.42.090 shall apply.
2001;Ord. 1516(part),2000:Ord. 1514(part),2000: C. A denial of a certificate shall be accompanied
Ord. 1513 § 1 (Exh.A)(part),2000) by a written statement of reasons for the denial.(Ord.
1516(part),2000:Ord. 1514(part),2000:Ord. 1513
18.42.040 Conservation district designation or § 1 (Exh.A) (part),2000)
recision.
A site, structure, object, area or district may be 18.42.060 Standards for certificates of
designated or rescinded as a landmark,or added to or appropriateness.
removed from the conservation district by the city A. All work performed in completion of an
commission upon recommendation of the pres- approved certificate of appropriateness shall be in
ervation board subject to the provisions of Chapter general conformance with the Secretary of Interior's
2.80 of the Bozeman Municipal Code, Historic Standards for Rehabilitation and Guidelines for
Preservation Advisory Commission, and Chapter Rehabilitating Historic Buildings (Revised 1983),
18.55, Text Amendment and Rezoning Changes. published by U.S. Department of the Interior, Na-
Property owner concurrence is necessary for the tional Park Service, Preservation Assistance Divi-
designation or recision of landmark status. (Ord. sion, Washington,D.C., (available for review at the
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 Bozeman city-county planning office).
§ 1 (Exh.A) (part), 2000) B. Architectural appearance design guidelines
used to consider the appropriateness and compat-
18.42.050 Certificate of appropriateness. ibility of proposed alterations with original design
A certificate of appropriateness, received from features of subject structures or properties and with
either the design review board,administrative design neighboring structures and properties shall focus
review staff or the city commission,shall be required upon the following:
355 (Bowman 11-01)
18.42.070-18.42.090
1. Height; and material as set forth in Chapter 18.52.(Ord.1516
2. Proportions of doors and windows; (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
3. Relationship of building masses and spaces; (Exh.A) (part), 2000)
4. Roof shape;
5. Scale; 18.42.080 Deviations from underlying zoning
6. Directional expression, with regard to the requirements.
dominant horizontal or vertical expression of sur- Because the development of much of historic
rounding structures; Bozeman preceded zoning and construction regula-
r. Architectural details; tions,many buildings within the conservation district
8. Concealment of nonperiod appurtenances, do not conform to contemporary zoning standards.In
such as mechanical equipment; and order to encourage restoration and rehabilitation
9. Materials and color schemes (any require- activity that would contribute to the overall historic
ments or conditions imposed regarding color character of the community, deviations from
schemes shall be limited to the prevention of nui- underlying zoning requirements may be granted by
sances upon abutting properties and prevention of the city commission after considering the recom-
degradation of features on the property in question— mendations of the design review board or adminis-
color schemes may be considered as primary design trative design review staff.The criteria for granting
elements if a deviation from the underlying zoning is deviations from the underlying zoning requirements
requested). are:
C. Contemporary, nonperiod and innovative A. Modifications shall be more historically ap-
design of new structures and additions to existing propriate for the building and site in question and the
structures shall be encouraged when such new con- adjacent properties,as determined by the standards in
struction or additions do not destroy significant Section 18.42.060, than would be achieved under a
historical,cultural or architectural structures or their literal enforcement of this title;
components and when such design is compatible with B. Modifications will have minimal adverse
the foregoing elements of the structure and effect on abutting properties or the permitted uses
surrounding structures.(Ord. 1516(part),2000:Ord. thereof;
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), C. Modifications shall assure the protection of
2000) the public health, safety and general welfare. Ap-
provals may be conditioned to assure such protection,
18.42.070 Application requirements for and such conditions may include atime period within
certificates of appropriateness in which alterations will be completed,landscaping and
conservation districts. maintenance thereof, architectural, site plan and
Applications for certificates of appropriateness landscape design modifications, or any other condi-
shall be made in conjunction with applications for tions in conformity with the intent and purpose set
site plan approval,in accordance with Chapter 18.52 forth in this chapter. (Ord. 1516 (part), 2000: Ord.
of this title. Where development projects in the 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
conservation district require only sketch plan review 2000)
as per Chapter 18.52 (i.e. single-household, two-
household, three-household and four-household 18.42.090 Demolition or move of structures or
residential structures,each on individual lots; signs; sites within the conservation
fences;property alterations;and certain amendments district.
to site plans), applications for certificates of The demolition or movement of any structure or
appropriateness shall be made on a form provided by site within the conservation district shall be subject to
the planning office,and shall include the information
(Boorman I1-01) 356
18.42.090
the provisions of this chapter and section.The review shall be reviewed and, it necessary, updated by the
procedures and criteria for the demolition or move of Historic preservation Officer to reflect current
any structure or site within the conservation district conditions on the site, prior to the review of the
are as follows: demolition or movement proposal. The final
A. Applications for the demolition or move of approval authority for the demolition or movement of
structures within the conservation district will not be structures or sites described within this section shall
accepted without a complete submittal for the subse- rest with the city commission.
quent development or treatment of the site after the The city commission shall base its decision on the
demolition or move has occurred. The subsequent following:
development or treatment must be approved before a 1. The standards in Section 18.42.060 and the
demolition or moving permit may be issued. architectural, social, cultural and historical impor-
B. The demolition or movement of Conservation tance of the structure or site and their relationship to
Overlay District principal and accessory structures or the district as determined by the State Historic
sites, which are designated as intrusive or neutral Preservation Office and Bozeman historic preserva-
elements by the Montana Historical and Architectural tion office.
Inventory and are not within recognized historic 2. If the commission finds that the criteria in sub
districts or in other ways listed on the Nation this section are not satisfied, then,before approving
Register of Historic Places shall be subject to review an application to demolish or remove, the
and approval by the ADR staff as per Chapter 18.52 commission must find that at least one of the
and the standards in Section 18.42.060.The Montana following factors apply based on definitive evidence
Historical and Architectural Inventory Form shall be supplied by the applicant including structural analy-
reviewed and, if necessary, updated by the Historic sis and cost estimates indicating the costs of repair
Preservation Officer to reflect current conditions on and/or rehabilitation versus the costs of demolition
the site, prior to the review of the demolition or and redevelopment:
movement proposal. The final approval authority for a. The structure or site is a threat to public health
the demolition or move of structures or sites de- or safety and that no reasonable repairs or alterations
scribed within this section shall rest with the will remove such threat;any costs associated with the
planning board when proposed in conjunction with a removal of health or safety threats must exceed the
major site plan application and with the city value of the structure.
commission when proposed in conjunction with a b. The structure or site has no viable economic or
major site plan, conditional use permit or planned useful life remaining.
unit development application. D. If an application for demolition or moving is
C. The demolition or movement of conservation denied, issuance of a demolition or moving permit
overlay district principal and accessory structures or shall be stayed for a period of two years from the
sites, which are designated as contributing elements date of the final decision in order to allow the appli-
by the Montana Historical and Architectural cant and city to explore alternatives to the demolition
Inventory,and all properties within historic districts or move, including but not limited to the use of tax
and all landmarks,shall be subject to approval by the credits or adaptive reuse. The two-year stay may be
city commission,through a public hearing.Notice of terminated at any point in time if an alternate
the public hearing before the city commission shall proposal is approved or if sufficient additional evi-
be provided in accordance with Section 18.52.055B. dence is presented to otherwise satisfy the require-
Prior to the holding of a public hearing the city ments of subsection B or C of this section,
commission shall receive a recommendation from E. All structures or sites approved for demoli-
ADR staff and the design review board. The tion or moving shall be fully documented in a
Montana Historical and Architectural Inventory Form manner acceptable to the historic preservation
357 (Boman a-oD
18.42.100-18.43.040
officer and administrative design review staff prior to underlying zoning requirements.
the issuance of demolition or moving permits. 18.43.090 Appeals.
F. In addition to the remedies in Chapter 18.70,
the owner of any structure or site that is demolished 18.43.010 Title.
or moved contrary to the provisions of this section, These regulations shall be known as the Bozeman
and any contractor performing such work, may be area entryway corridor overlay district regulations
required to reconstruct such structure or site in a and may be cited as the entryway corridor regula-
design and manner identical to its condition prior to tions. (Ord. 1516 (part), 2000: Ord. 1514 (part),
such illegal demolition or move and in conformance 2000: Ord. 1513 § 1 (Exh.A) (part),2000)
with all applicable codes and regulations.(Ord. 1531
§ 13,2001,Ord. 1516(part),2000:Ord. 1514(part), 18.43.020 Intent and purpose.
2000: Ord. 1513 § 1 (Exh.A) (part),2000) A. There are several arterial corridors entering
Bozeman that introduce visitors and residents alike to
18.42.100 Appeals. Bozeman. The visual attributes of these roadways
Aggrieved persons,as defined in Chapter 18.58 of provide a lasting impression of the character of the
this title, may appeal the decision of the adminis- Bozeman.It is the intent and purpose of this chapter
trative design review staff or design review board to ensure the quality of development along these
pursuant to the provisions of said chapter. In such corridors will enhance the impression and enjoyment
event, the issuance of a certificate shall be stayed of the community both by guiding development and
until the appeal process has been satisfied. (Ord. change that occurs after the adoption of the ordinance
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 codified in this title and by stimulating and assisting,
§ 1 (Exh. A) (part), 2000) in conjunction with other provisions of this title,
improvements in signage, landscaping, access and
other contributing elements of entry corridor
Chapter 18.43 appearance and function.
B. It is the intent of this chapter to establish
BOZEMAN AREA ENTRYWAY CORRIDOR design criteria,standards and review procedures that
OVERLAY DISTRICT will allow the city and its advisory boards and agen-
cies to review and direct, in a fair and equitable
Sections: manner, the development and redevelopment of
18.43.010 Title. future and existing properties and facilities within the
18.43.020 Intent and purpose. entry corridors.The recommendations of the design
18.43.030 Application of entryway corridor review board or administrative design review staff
provisions. shall be given careful consideration in the final action
18.43.040 Design review board and of any agency, board or commission involved in
administrative design review staff entryway corridor development decisions.(Ord. 1516
powers and duties within (part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1
entryway corridors. (Exh.A)(part), 2000)
18.43.050 Certificate of appropriateness.
18.43.060 Design criteria and development 18.43.040 Application of entryway corridor
standards in entryway corridors. provisions.
18.43.070 Application requirements for Entryway corridor provisions shall apply to all
certificates of appropriateness in entryway corridor areas as designated on the
entryway corridors. Oficial city of Bozeman zoning map.The provi-
18.43.080 Deviation from overlay or
(Bowmen❑ 1) 358
18.43.040
sions of this chapter shall be applied in addition to 6. Oak Street, west from Nineteenth Avenue to
any other applicable regulations of this title. the east edge of Rose Park.
Specifically, these provisions shall be applied to all 7. Oak Street, east from Seventh Avenue to
developments within such corridors as follows: Rouse Avenue. (Ord. 1516(part),2000: Ord.
A. Class I.All development wholly or partially 1514 (part), 2000: Ord. 1513 § 1 (Exh. A)
within six hundred sixty feet of the centerline of (part),2000)
the following roadways:
1. Interstate 90, within or adjacent to the 18.43.040 Design review board and
Bozeman city boundaries,measured from the center- administrative design review staff
line of the outside lanes of the opposing roadways powers and duties within entryway
and from the centerline of the access ramps; corridors.
2. Interstate 90 frontage roads within the The design review board and administrative design
Bozeman city boundaries, whether or not they are review staff shall have the following powers and
designated frontage roads; duties within entryway corridors:
3. U.S. 10,from the I-90/North Seventh Avenue A. The administrative design review staff is
Interchange west to the city boundaries; empowered to implement entryway corridor proce-
4. U.S. 191, west from Ferguson Road to the dures and requirements and, within the entryway
Bozeman city boundaries; corridors is empowered to approve, conditionally
5. Nineteenth Avenue,north from Durston Road approve or deny sketch plan applications, and
to the North 19th Avenue/Interstate 90 Interchange, conditional use permits for accessory dwelling units
exclusive of the east side between Durston Road and or where no new building area is created, through
the south boundary of Covered Wagon Mobile Home the issuance or denial of certificates of appropriate-
Park; ness.
6. Oak Street,west from North Seventh Avenue B. The design review board is empowered to
to North Nineteenth Avenue. recommend the approval, conditional approval or
B. Class II. All development wholly or partially denial of a certificate of appropriateness to the body
within the lesser of one city block or three hundred with final approval authority for major site plan,
thirty feet of the centerline of the following road- conditional use permits where additional building
ways, with the exception of residentially zoned lots area will be created, and planned unit development
(no exception for R-O district)that have no frontage applications.
upon said roadways: C. Both the design review board and administra-
1. Seventh Avenue, south from the I-90 Inter- tive design review staff are empowered to:
change to Main Street; 1. Develop and apply specific guidelines related
2. Nineteenth Avenue,south from Durston Road to such concerns as architectural appearance, land-
to the Bozeman city boundary, and the east side of scape design and signage for the construction and/or
Nineteenth Avenue, between the south boundary of alteration of structures, sites or areas;
Covered Wagon Mobile Home Park and Durston 2. Review applicable development proposals,
Road; applications for zoning amendments,or applications
3. Main Street, east from Broadway to I-90; for moving, demolition or any other kind of permit
4. Main Street, west from Seventh Avenue to that may affect properties located within entryway
Ferguson Road; corridors;
5. Rouse Avenue and State Primary 86(Bridger 3. Call upon city staff or persons having techni-
Canyon Road) from Tamarack north and east to the cal expertise for advice;
Bozeman city boundary; 4. Testify before all boards, commissions and
agencies on any matter affecting entryway corridors.
359 (aomman 11-01)
18.43.050-18.43.060
(Ord. 1531 § 1, 2001; Ord. 1516 (part), 2000: Ord. the topographic and natural landscape features of the
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), Bozeman area.
2000) 2. The proposed development shall be compati-
ble with existing and planned land use, and with
18.43.050 Certificate of appropriateness. circulation patterns on adjoining properties. It shall
A certificate of appropriateness, received from not constitute a disruptive element to adjacent or
either the design review board,administrative design nearby properties or to the environmental character
review staff,planning board or the city commission, of the Bozeman area.
shall be required before any and all alteration(s)other 3. The proposed development shall also comply
than repair as defined in Chapter 18.42, are with all applicable design standards and guidelines,
undertaken upon any structure in the entryway corri- including entryway corridor design objectives plan.
dor. For alterations not requiring city commission B. Access Standards.
approval,compliance with the design review board's 1. Initial access provision to properties fronting
or administrative design review staff's decisions will on any Class I entryway corridor roadway shall be
be mandatory subject to appeal to the city designed so access points on said roadway are spaced
commission as set forth in Chapter 18.58. no more closely than every six hundred sixty feet.
Application procedures are as follows: Initial access provision to properties fronting on any
A. No building,demolition,sign(if a deviation is Class II entryway corridor roadway shall be designed
requested),conditional use or moving permit shall be so access points on the roadway are spaced no more
issued within an entryway corridor until a certificate closely than every three hundred thirty feet or one
of appropriateness has been issued by the appropriate city block.
review authority, and until final action on the 2. Revised access schemes to previously devel-
proposal has been taken. oped or subdivided property shall consolidate access
B. Application, review and public notice proce- points on entryway roadways whenever possible and
dures for proposals located within entryway corridors shall add no additional points of access to the road-
are set forth in Chapter 18.5 1,Design Review Board, ways unless such addition can be demonstrated to
Administrative Design Review Staff and improve the operation of the entryway roadway. It
Development Review Committee,and Chapter 18.52, shall be the obligation of the applicant to determine
Plan Review and Approval. an acceptable method of access to the property
C. A denial of a certificate shall be accompanied including securing access easements from adjacent
by a written statement of reasons for the denial.(Ord. properties, if necessary.
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 3. When addressing pre-existing development in
§ 1 (Exh.A) (part),2000) fully built-up areas,these access standard provisions
shall be interpreted in a practical manner allowing for
18.43.060 Design criteria and development continuing reasonable access to properties along
standards in entryway corridors. entryway corridors.
The following general design criteria and devel- C. Parking, Building and Landscape Standards.
opment standards shall apply to all development In addition to the qualitative design standards and
occurring within the areas described in Section guidelines in the entryway corridor design objectives
18.43.030,above. plan,parking areas and buildings shall be set back at
A. General Standards. least fifty feet from any Class I entryway corridor
1. The development shall provide for adequate roadway right-of-way and at least twenty-five feet
open space,circulation,off-street parking,and perti- from any Class II entryway corridor roadway right-
nent amenities.Buildings,structures and facilities in of-way. The setback from any entryway corridor
the parcel shall be integrated,oriented and related to roadway right-of-way shall be landscaped,
(Bozeman 11-01) 360
18.43.070-18.43.090
including the screening or buffering of parking quality and character superior to that produced by the
areas, through the use of berms,depressed parking, existing standards,and which will be consistent with
native landscape materials surrounding and within the intent and purpose of this chapter, and with the
parking areas, or other means in order to preserve adopted design objectives plan for the particular
the area's natural views.(Ord. 1516(part),2000: entryway corridor. Upon such a finding, the city
Ord. 1514(part),2000: Oid. 1513 § I (Exh.A) commission may authorize deviations of up to twenty
(part), 2000 percent beyond or below minimum or maximum
standards,respectively,as established in the underly-
18.43.070 Application requirements for ing zoning district regulations. If the city
certificates of appropriateness in commission does not find that the proposed modified
entryway corridors. standards create environment,landscape quality and
Applications for certificates of appropriateness character superior to that produced by the existing
shall be made in conjunction with applications for standards, and which will be consistent with the
site plan approval,in accordance with Chapter 18.52. intent and purpose of this chapter, and with the
Where development projects in the entryway corridor adopted design objectives plan for the particular
require only sketch plan review as per Chapter 18.52 entryway corridor, no deviation shall be granted.
(i.e. single-household, two-household, three- (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
household and four-household residential structures, 1513 § 1 (Exh.A)(part),2000)
each on individual lots;signs;fences;property alter-
ations;and certain amendments to site plans),appli- 18.43.090 Appeals.
cations for certificates of appropriateness shall be Aggrieved persons, as defined in Chapter 18.58,
made in conjunction with an application for sketch may appeal the decision of the design review board
plan review on a form provided by the planning or the administrative design review staff pursuant to
office,and shall include the information and material the provisions of said chapter. In such event, the
as set forth in Chapter 18.52.(Ord. 1516(part),2000: issuance of a certificate shall be stayed until the
Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) appeal process has been satisfied.(Ord. 1516(part),
(part), 2000) 2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A)
(part). 2000)
18.43.080 Deviation from overlay or
underlying zoning requirements.
A. To accomplish the intent and purpose of this Chapter 18.44
chapter it may be necessary to deviate from the strict
application of the overlay or underlying zoning FLOOD HAZARD DISTRICT
requirements.Deviations from the underlying zoning
requirements may be granted by the city commission Sections:
after considering the recommendations of the design 18.44.010 Title.
review board or administrative design review staff. 18.44.020 Purpose.
B. The application for deviation shall be subject 18.44.030 Definitions.
to the submittal and procedural requirements of 18.44.040 Jurisdictional area.
Chapter 18.52, Plan Review and Approval. The 18.44.050 Floodplain district establishment.
application shall be accompanied by written and 18.44.060 Floodplain administrator.
graphic material sufficient to illustrate the conditions 18.44.070 Rules for interpretation of
that the modified standards will produce. The city floodplain district boundaries.
commission shall make a determination that the 18.44.080 Compliance with regulations.
deviation will produce an environment, landscape 18.44.090 Abrogation and greater respon-
361 (Bouman a-OD
18.44.010-18.44.020
sibility. Conformance.
18.44.100 Regulation interpretation. 18.44.380 Floodproofing requirements-
18.44.110 Warning and disclaimer of Electrical systems.
liability. 18.44.390 Floodproofing requirements-
18.44.120 Disclosure provision. Heating systems.
18.44.130 Administration of regulations. 18.44.400 Floodproofing requirements-
18.44.140 Permit applications. Plumbing systems.
18.44.150 Emergency waiver. 18.44.410 Violation notice.
18.44.160 Review—Variances—Appeals. 18.44.420 Violation—Penalty.
18.44.170 Fees.
18.44.180 Floodphdn development—Com- 18.44.010 Title.
pliance. These regulations shall be known and cited as the
18.44.190 Emergency preparedness Bozeman floodplain regulations. This chapter is in
planting. accordance with exercising the authority of the laws
18.44.200 Applications—Specific standards, of the state of Montana.(Ord. 1516(part),2000:Ord.
18.44.210 Floodway—Uses allowed without 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
permits. 2000)
18.44.220 Floodway—Uses requiring
permits. 18.44.020 Purpose.
18.44.230 Floodway—Permits for flood To promote the public health, safety and general
control works. welfare,to minimize flood losses in areas subject to
18.44.240 Floodway—Permits for water flood hazards,and to promote wise use of the flood-
diversions. plain. This chapter has been established with the
18.44.250 Floodway—Prohibited uses. following purposes intended:
18.44.260 Floodway fringe—Uses allowed A. To guide development of the one hundred-
without permits. year floodplain within the Bozeman city limits
18.44.270 Floodway fringe—Uses requiring consistent with the enumerated findings by:
permits. 1. Recognizing the right and need of water-
18.44.280 Floodway fringe—Prohibited courses to periodically carry more than the normal
uses. flow of water; and
18.44.290 Floodplain areas with flood 2. Participating in coordinated efforts of federal,
elevations and no delineated state, and local management activities for one hun-
floodway. dred-year floodplains; and
18.44.300 Shallow flooding(AO zones). 3. Ensuring the regulations and minimum stan-
18.44.310 Applicability to unnumbered A dards adopted,insofar as possible,balance the great-
zones. est public good with the least private injury.
18.44.320 A zones—Uses allowed without B. Specifically it is the purpose of this chapter to:
permits. 1. Restrict or prohibit uses that are dangerous to
18.44.330 A zones—Uses requiring permits. health,safety,and property in times of flood,or that
18.44.340 A zones—Prohibited uses. cause increased flood heights and velocities;and
18.44.350 A zones—Floodplain boundary 2. Require that uses vulnerable to floods,includ-
interpretation. ing public facilities, be provided with flood protec-
18.44.360 Floodproofing requirements— tion at the time of initial construction; and
Certification. 3. Identify lands unsuitable for certain develop-
18.44.370 Floodproofing requirements— ment purposes because of flood hazards; and
(BDW=n 11-01) 362
18.44.030
4. Minimize the need for rescue and relief efforts stream to the damage or detriment of either life or
associated with flooding undertaken at the expense of property.
the general public;and "Base flood"means a flood having a one percent
5. Ensure potential buyers are notified that prop- chance of being equaled or exceeded in any given
erty is within a one hundred-year floodplain and year.A base flood is the same as a one hundred-year
subject to the provisions of these regulations; and flood.
6. Ensure that those who occupy one hundred- "Base flood elevation"means the elevation above
year floodplains assume responsibility for their sea level of the base flood in relation to National
actions. (Ord. 1516 (part), 2000: Ord. 1514 (part), Geodetic Vertical Datum of 1929 unless otherwise
2000: Ord. 1513 § 1 (Exh.A)(part),2000) specified in the flood hazard study.
"Channelization project" means the excavation
18.44.030 Definitions. and/or construction of an artificial channel for the
Unless specifically defined below, words or purpose of diverting the entire flow of a stream from
phrases used in these regulations shall be interpreted its established course.
to give them the meaning they have in common "Establish" means to construct, place, insert, or
usage and to give these regulations the most reason- excavate.
able application. "Existing manufactured home park or subdivision"
"Act" means the Montana Floodplain and Flood- means a manufactured home park or subdivision
way Management Act, Sections 76-5-101 through where the construction of facilities for servicing the
406,MCA. manufactured homes lots is completed before the
"Alteration" means any change or addition to a effective date of the floodplain management regula-
structure that either increases its external dimensions tions.This includes,at a minimum,the installation of
or increases its potential flood hazard. utilities, the construction of streets, and either final
"Appeal" means a request for a review of the site grading or the pouring of concrete pads.
floodplain administrator's interpretation of any pro- "FEMA"means the Federal Emergency Manage-
visions of these regulations or a request for a vari- ment Agency.
ance. "Flood" or"flooding" means a general and tem-
"Area of special flood hazard" means the land in porary condition of partial or complete inundation of
the floodplain within the community subject to normally dry lands from the overflow of a stream,or
inundation by a one percent or greater chance of the unusual and rapid accumulation or runoff of
flooding in any given year,i.e,the one hundred-year surface waters from any source.
floodplain. "Flood Insurance Rate Map" means the map on
"Artificial obstruction—Development"means any which FEMA has delineated both the one hundred-
obstruction which is not natural and includes any year floodplains and the risk premium zones.
dam, diversion, wall, riprap, embankment, levee, "Flood insurance study"means the report in which
dike,pile, abutment, projection, revetment, excava- FEMA has provided flood profiles, as well as the
tion, channel rectification, bridge, conduit, culvert, Flood Boundary/Floodway Map and the water
building, refuse, automobile body, fill, or other surface profiles.
analogous structure or matter in, along, across or "Floodplain" means the areas subject to these
projecting into any one hundred-year floodplain regulations,generally adjoining a stream,that would
which may impede,retard,or alter the pattern of flow be covered by floodwater of a base flood except for
of water, either in itself or by catching or collecting designated shallow flooding areas that receive less
debris carried by the water, or that is placed where than one foot of water per occurrence.The floodplain
the natural flow of water would carry the same down- consists of a floodway and floodway fringe.
363 (Boorman 11-01)
18.44.030
"Flood Insurance Study" means the report in commences on or after the effective date of these
which FEMA has provided flood profiles,as well as regulations.
the Flood Boundary/Floodway Map and the water "Official floodplain maps" means the Flood In-
surface profiles. surance Rate Maps and Flood Boundary/Floodway
"Floodplain" means the areas subject to these Maps provided by FEMA for the city dated July 15,
regulations,generally adjoining a stream,that would 1988.
be covered by floodwater of a base flood except for "One hundred-year flood"means a flood having a
designated shallow flooding areas that receive less one percent chance of being equaled or exceeded in
than one foot of water per occurrence.The floodplain any given year.A one hundred-year flood has nearly
consists of a floodway and floodway fringe, a twenty-three percent chance of occurring in a
"Floodway"means the channel of a stream and the twenty-five-year period.A one hundred year flood is
adjacent overbank areas that must be reserved in the same as a base flood.
order to discharge a base flood without cumulatively "Permit issuing authority" means the Bozeman
increasing the water surface elevation more than one- city commission,
half foot. "Recreational vehicle" means a vehicle which is
"Floodway fringe" means that portion of the (1)built on a single chassis;(2)four hundred square
floodplain outside the limits of the floodway. feet or less when measured at the largest horizontal
"Levee"means a manmade embankment,usually projections; (3) designed to be self-propelled or
earthen,designed and constructed in accordance with permanently towable by a light duty truck; and (4)
sound engineering practices to contain, control or designed primarily for use as temporary living quar-
divert the flow of water to provide protection from ters for recreation, camping, travel, or seasonable
temporary flooding, use,not for use as a permanent dwelling.
"Levee System"means a flood protection system "Riprap" means stone, rocks, concrete blocks or
that consists of a levee, or levees, and associated analogous material that is placed along the banks or
structures, such as drainage and closure devices, bed of a stream to alleviate erosion.
which are constructed and operated in accordance "Start of construction"means the commencement
with sound engineering practices. of clearing,grading,filling or excavating to prepare a
"Lowest floor" means any floor used for living site for construction.
purposes, storage or recreation. This includes any "Structure" means a walled and roofed building,
floor that could be converted to such a use. manufactured home, a gas or liquid storage tank,
"Manufactured home" means a structure that is bridge,culvert,dam,diversion,wall revetment,dike,
transportable in one or more sections, built on a or other projection which may impede,retard or alter
permanent chassis, and designed to be used with or the pattern of flow of water,
without a permanent foundation when connected to "Substantial damage"means damage sustained by
the required utilities. This does not include recre- a structure where the cost of restoring the structure to
ational vehicles. its condition before damage would equal or exceed
"Manufactured home park or subdivision"means a fifty percent of the market value of the structure
parcel or contiguous parcels of land divided into two before the damage occurred.
or more manufactured home lots for rent or sale. "Substantial improvement' means any repair,
"Mean sea level" means the National Geodetic reconstruction or improvement of a structure,the cost
Vertical Datum(NGVD) of 1929 or other datum to of which equals or exceeds fifty of the market value
which base flood elevations are references. of the structure either:
"New construction" means structures for which 1. Before the improvement or repair is started,or
construction, substantial improvement, or alteration 2. If the structure has been damaged, and is
being restored, before the damage occurred.For the
(Bozeman I1-01) 364
18.44.040-18.44.090
purposes of this definition,substantial improvement Study for the City of Bozeman,Montana,dated July
is considered to occur when the first construction to 15, 1988, with accompanying Flood Insurance Rate
any wall,ceiling,floor or other structural part of the Maps and Flood Boundary/Floodway Maps. The
building commences.The tern does not include: official floodplain maps, together with the flood
a. Any project for improvement of a structure to insurance study are on file in the office of the
comply with existing state or local health,sanitary,or floodplain administration. (Ord. 1514 (part), 2000:
safety code specifications which are solely necessary Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A)
to assure safe living conditions, or (part), 2000)
b. Any alteration of a structure listed on the
National Register of Historic Places or State Inven- 18.44.060 Floodplain administrator.
tory of Historic Places. The city floodplain administrator has been desig-
"Suitable fill"means fill material which is stable, nated to be the city engineer.The responsibilities of
compacted, well-graded, pervious, generally unaf- this position are outlined in Section 18.44.130.(Ord.
fected by water and frost,devoid of trash or similar 1514(part),2000:Ord. 1514(part),2000:Ord. 1513
foreign matter,devoid of tree stumps or other organic § 1 (Exh.A) (part),2000)
material,and is fitting for the purpose of supporting
the intended use and/or permanent structure. 18.44.070 Rules for interpretation of
"Variance" means a grant of relief from the re- floodplain district boundaries.
quirements of this chapter that would permit con- The boundaries of the one hundred-year floodway
struction in a manner otherwise prohibited by this shall be determined by scaling distances on the
chapter. official floodplain maps and using the floodway data
"Violation" means the failure of a structure or table contained in the flood insurance study report.
other development to be fully compliant with this The maps may be used as a guide for determining the
chapter. A structure or other development without one hundred-year floodplain boundary,but the exact
elevation certificate,certification by a licensed engi- location of the floodplain boundary shall be deter-
neer or architect of compliance with these regula- mined where the base flood elevation intersects the
tions,or other evidence of compliance is presumed to natural ground. (Ord. 1514 (part), 2000: Ord. 1514
be in violation until such time as documentation is (part), 2000: Ord. 1513 § 1 (Exh.A)(part), 2000)
provided. (Ord. 1514(part),2000: Ord. 1514(part),
2000: Ord. 1513 § 1 (Exh.A) (part), 2000) 18.44.080 Compliance with regulations.
No structure or land use shall be located,extended,
18.44.040 Jurisdictional area. converted or structurally altered without full
This chapter shall apply to all lands within the compliance with the provisions of these regulations
zoning jurisdiction of the city of Bozeman, state of and other applicable regulations. These regulations
Montana, shown on the official floodplain maps as meet the minimum floodplain development require-
being located within a one-hundred year floodplain ments as set forth by the Montana Board of Natural
district. (Ord. 1514 (part), 2000: Ord. 1514 (part), Resources and Conservation and the National Flood
2000: Ord. 1513 § 1 (Exh.A) (part), 2000) Insurance Program. (Ord. 1514 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
18.44.050 Floodplain district establishment. 2000)
The floodplain districts established are defined by
the base flood elevations and one hundred-year flood 18.44.090 Abrogation and greater
plains as delineated in the flood insurance study.The responsibility.
basis for the flood insurance study is a scientific and It is not intended by this chapter to repeal,abro-
engineering report entitled The Flood Insurance gate, or impair any existing easements,covenants,
365 (Bowman I1-on
18.44.100-18.44.130
deed restrictions, or underlying zoning. However, governmental agencies from which approval is re-
where this chapter imposes greater restrictions, the quired by federal and state law and local codes,
provisions of this chapter shall prevail. (Ord. 1516 including Section 404 of the Federal Water Pollution
(part), 2000: Ord. 1514 (part), 2000: Ord, 1513 § 1 Control Act of 1972, 33 U.S.C. 1334,and under the
(Exh. A)(part),2000) provisions of the Natural Streambed and Land
Preservation Act.
18.44.100 Regulation interpretation. 2. Additional Factors. Floodplain development
The interpretation and application of the provi- permits shall be granted or denied by the floodplain
sions of these regulations shall be considered mini- administrator on the basis of whether the proposed
mum requirements and liberally construed in favor of establishment,alteration or substantial improvement
the governing body and not deemed a limitation or of an artificial obstruction meets the requirements of
repeal of any other powers granted by state statute. this chapter. Additional factors that shall be con-
(Ord. 1516(part),2000 :Ord. 1514(part),2000:Ord. sidered for every permit application are:
1513 § 1 (Exh.A)(part), 2000) a. The danger to life and property due to in-
creased flood heights, increased flood water veloci-
18,44.110 Warning and disclaimer of liability. ties,or alterations in the pattern of flood flow caused
This chapter does not imply that areas outside the by encroachments;
delineated floodplain boundaries or permitted land In. The danger that materials may be swept onto
uses will always be totally free from flooding or other lands or downstream to the injury of others;
flood damages. These regulations shall not create a c. The proposed water supply and sanitation
liability or cause of action against the city or any systems and the ability of these systems to prevent
officer or employee thereof for flood damages that disease,contamination and unsanitary conditions;
may result from reliance upon these regulations. d. The susceptibility ofthe proposed facility and
(Ord. 1516(part),2000 :Ord. 1514(part),2000:Ord. its contents to flood damage and the effects of such
1513 § 1 (Exh.A)(part), 2000) damage on the individual owner;
e. The importance of the services provided by
18.44.120 Disclosure provision. the facility to the community;
All owners of property in an identified one hun- £ The requirement ofthe facility for a waterfront
dred-year floodplain as indicated on the official location;
floodplain maps must notify potential buyers or their g. The availability of alternative locations not
agents that such property is subject to the provisions subject to flooding for the proposed use;
of this chapter. (Ord. 1516 (part), 2000 : Ord. 1514 It. The compatibility of the proposed use with
(part),2000: Ord. 1513 § 1 (Exh.A)(part),2000) existing development and anticipated development in
the foreseeable future;
18.44.130 Administration of regulations. i. The relationship of the proposed use to the
A. As provided in Section 18.44.060, the flood- comprehensive plan and floodplain management
plain administrator has been designated by the city program for the area;
commission, and has the responsibility of such j. The safety of access to property in times of
position as outlined in this chapter. flooding or for ordinary and emergency services;and
1. The floodplain administrator is appointed with k. Such other factors as are in harmony with the
the authority to review floodplain development purposes of these regulations, the Montana Flood-
permit applications,proposed uses,and construction plain and Floodway Management Act, and the Na-
to determine compliance with these regulations.The tional Flood Insurance Program.
floodplain administrator is required to assure all 3. A floodplain development permit application
necessary permits have been received from those is considered to have been automatically granted
(Bozeman 1141) 366
18.44.140
sixty days after the date of receipt of the application In riverine situations, notifications by the
by the floodplain administrator unless the applicant floodplain administrator must be made to adjacent
has been notified that the permit is denied, condi- communities, the Floodplain Management Section
tionally approved,or additional information pertinent (DNRC), and FEMA prior to any alteration or relo-
to the permit review process is required. cation of a stream. The flood-carrying capacity
4. The floodplain administrator shall adopt such within the altered or relocated portion of any stream
administrative procedures as may be necessary to must be maintained. Erosion control measures shall
efficiently administer the provision of these regula- be incorporated to ensure stability of altered channels
tions. and stream banks. (Ord. 1516 (part), 2000 : Ord.
5. The floodplain administrator shall maintain 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
such files and records as may be necessary to docu- 2000)
ment nonconforming uses, base flood elevations,
floodproofing and elevation certifications, fee re- 18.44.140 Permit applications.
ceipts, the issuance of permits, agenda, minutes, A. Activities or uses that require the issuance of a
records of public meetings, and any other matters permit, including the expansion or alteration of such
related to floodplain management in the Bozeman uses,shall not be initiated,established or undertaken
zoning jurisdictional area. Such files and records until a permit has been issued by the floodplain
shall be open for public inspection. In matters of administrator.
litigation, the city attorney may restrict access to B. Permit applicants shall be required to furnish
specific records. the following information as deemed necessary by
6. The floodplain administrator may require the floodplain administrator for determining the
whatever additional information is necessary to suitability of the particular site for the proposed use:
determine whether the proposed activity meets the 1. Plans in duplicate drawn to scale (including
requirements of these regulations. Additional infor- dimensions)showing the nature, location and eleva-
mation may include hydraulic calculations assessing tion of the lot;existing and proposed structure loca-
the impact on base flood elevations or velocities; tions; fill, storage, or materials site; floodproofing
level survey; or certification by a registered land measures; mean sea level elevation of first floor of
surveyor,professional engineer or licensed architect proposed structures; and location of the channel and
that the requirements of these regulations are satis- limits of one hundred-year floodplain boundary;
fired. 2. A plan view of the proposed development
7. Upon receipt of an application for a permit or indicating external dimensions of structures,street or
a variance,the floodplain administrator shall prepare road finished grade elevations, well locations,
a notice containing the facts pertinent to the individual sewage treatment and disposal sites,
application and shall publish the notice at least once excavation and/or fill quantity estimates, and site
in a newspaper of general circulation in the area. plan and/or construction plans;
Notice shall also be served by first-class mail upon 3. Specifications for floodproofing,filling,exca-
adjacent property owners and the Department of vating,grading,riprapping, storage or materials and
Natural Resources and Conservation(DNRC)Flood- location of utilities;
plain Management Section.The notice shall provide 4. A professional engineer's or registered
a reasonable period of time, not less than fifteen architect's design calculations and certification that
days, for interested parties to submit comments on the proposed activity has been designed to be in
the proposed activity. compliance with these regulations;
8. Copies of all permits granted must be sent to 5. Certification of floodproofmg and/or
the Department of Natural Resources and Conserva- elevation shall be provided on a standard form
tion in Helena, Montana. available from the floodplain administrator.
367 (Bozeman n-Oq
18.44.150-18.44.160
C. To determine that the permit specifications floodplain administrator feels that such a written
and conditions have been completed,applicants who authorization would unduly delay the emergency
have received permits are required to furnish the works. Such verbal authorization must be followed
following at the time of an on-site conformance by a written authorization describing the emergency
inspection: condition, and the type of emergency work agreed
1. Certification by a registered professional upon,and stating that a verbal authorization had been
engineer or licensed land surveyor of the actual mean previously given.(Ord. 1516(part),2000:Ord. 1514
sea level elevation of the lowest floor (including (part),2000: Ord. 1513 § 1 (Exh.A)(part),2000)
basement) of all new, altered or substantially
improved buildings; 18.44.160 Review—Variances—Appeals.
2. If floodproofmg techniques were used for A. There is created a local floodplain manage-
buildings, the mean sea level elevation to which the ment board of adjustment,the membership,adminis-
floodproofmg was accomplished must be certified by tration,and rules of procedure of which are identical
a structural engineer or licensed architect in the same to a zoning board of adjustment.
manner; B. The board of adjustment may, by variance,
3. Certification shall also be required,for artift- grant a permit that is not in compliance with the
cial obstructions other than buildings,that the activi- minimum standards contained in these regulations
ty was accomplished in accordance with these regu- according to the following procedures:
lations and the design plans submitted with the 1. Variances shall not be issued for areas within
application for the permit activity.This certification a floodway if any additional increase in flood eleva-
may be waived by the floodplain administrator if it tions or velocities after allowable encroachments into
can be clearly ascertained by a site inspection that the the floodway fringe would result;
activity was accomplished in accordance with these 2. Variances shall only be issued upon:
regulations. a. A showing of good and sufficient cause;
4. Certification of floodproofmg and/or elevation b. A determination that refusal of a permit due to
shall be provided on a standard form available from exceptional circumstances would cause a unique or
the floodplain administrator. (Ord. 1516 (part), undue hardship on the applicant or community
2000 : Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. involved;
A)(part),2000) c. A determination that the granting of a variance
will not result in increased flood hazards, present
18.44.150 Emergency waiver. additional threats to public safety, be an extraor-
A. Emergency repair and replacement of severely dinary public expense,create nuisances,cause fraud,
damaged public transportation facilities,public water victimize the public, or conflict with existing state
and sewer facilities,and flood control works may be and local laws;
authorized.Floodplain development permit require- d. A determination that the proposed use would
ments may be waived if: be adequately floodproofed;
1. Upon notification and prior to emergency e. A determination that a reasonable alternate
repair and/or replacement,the floodplain administra- location outside the floodplain is not available;
for determines that an emergency condition exists f. A determination that the variance requested is
warranting immediate action; and the minimum necessary to afford relief,considering
2. The floodplain administrator agrees upon the the flood hazard; and
nature and type of proposed emergencyrepairand/or g. Approval of the Montana Department of
replacement. Natural Resources and Conservation, upon request
B. Authorization to undertake emergency repair from the permit issuing authority, prior to formally
and replacement work may be given verbally if the
(Bozeman II-01) 368
18.44.170-18.44.210
approving any permit application that is in variance 18.44.190 Emergency preparedness—plan-
to these regulations. ning.
3. Variances shall be issued in writing from the In formulating community development goals,the
permit issuing authority and shall notify the applicant community shall consider the development of a plan
that: for evacuating residents of all manufactured home
a. A specific variance'is granted, and certain parks or subdivisions located within flood prone
conditions may be attached; areas.This plan should be developed,filed with,and
b. The issuance of a variance to construct a approved by appropriate community emergency
building below the one hundred-year floodplain management authorities. (Ord. 1516 (part), 2000:
elevation will result in increased premium rates;and Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A)
c. Such construction below the one hundred-year (part),2000)
flood elevation increase risks to life and property.
The floodplain administrator shall maintain records 18.44.200 Applications—Specific standards.
of the variance notification and actions, including The minimum floodplain development standards
justification for their issuance,and forward copies of listed in this chapter apply to the floodway and
all variance actions to the Montana Department of floodway fringe portions of the one hundred-year
Natural Resources and Conservation and the Federal floodplain as delineated on the flood hazard area
Emergency Management Agency. maps. (Ord. 1516 (part), 2000: Ord. 1514 (part),
C. Appeal of any decision of the permit issuing 2000: Ord. 1513 § 1 (Exh.A)(part),2000)
authority,its officers,or agencies may be taken by an
aggrieved person or persons,jointly or separately,to 18.44.210 Floodway—Uses allowed without
a court of record.(Ord. 1516(part),2000:Ord. 1514 permits.
(part), 2000: Ord. 1513 § 1 (Exh.A)(part),2000) The following open space uses shall be allowed
without a permit within the floodway,provided that
18.44.170 Fees. such uses conform to the provisions of Sections
Fees shall be established by resolution of the city 18.44.360 through 18.44.400; are not prohibited by
commission and shall be submitted with each permit any other ordinance,resolution or statute;and do not
application. (Ord. 1516 (part), 2000: Ord. 1514 require filled, excavation, permanent storage of
(part),2000:Ord. 1513 § 1 (Exh.A)(part),2000) materials, or equipment or structures other than
portable structures:
18.44.180 Floodplain development—Compli- A. Agricultural uses;
ance. B. Accessory uses such as loading and parking
Any use, arrangement, or construction not in areas, or emergency landing strips associated with
compliance as authorized by permit,shall be deemed industrial and commercial facilities;
a violation of this chapter and punishable as provided C. Private and public recreational uses such as
in Section 18.44.420. An applicant is required to golf courses, driving ranges, archery ranges, picnic
submit certification by a registered professional grounds,boat-launching ramps,parks,wildlife man-
engineer,architect, land surveyor,or other qualified agement and natural areas,game farms,fish hatcher-
person designated by the floodplain administrator ies,shooting preserves,target ranges,trap and skeet
that finished fill and lowest building floor elevations, ranges, hunting and fishing areas, and hiking or
flood proofing, hydraulic design, or other flood horseback riding trails;
protection measures were accomplished in D. Forestry, including processing of forest prod-
compliance with these regulations.(Ord.1516(part), ucts with portable equipment;
2000:Ord.1514(part),2000:Ord. 1513 § 1 (Exh.A) E. Residential uses such as lawns, gardens,
(part), 2000) parking areas and play areas;
369 (Bozeman n-oq
18.44.220
F. Irrigation and livestock supply wells,provided result in a cumulative increase in base flood eleva-
that they are located at least five hundred feet from tions, after allowable encroachments into the flood-
domestic water supply wells; way fringe,exceeding one-half foot.
G. Fences, except permanent fences crossing D. During or suspended utility transmission lines,
channels; and provided that:
H. Recreational vehicles provided that they be on 1. Suspended utility transmission lines are de-
the site for fewer than one hundred eighty con- signed so the lowest point of the suspended line is at
secutive days, or be fully licensed and ready for least six feet higher than the base flood elevation;
highway use. A recreational vehicle is ready for 2. Towers and other appurtenant structures are
highway use if it is on its wheels or jacking system designed and placed to withstand and minimally
with wheels intact, is attached to the site only by obstruct flood flows;and
quick disconnect type utilities and security devices, 3. Utility transmission lines carrying toxic or
and has not permanently attached additions. (Ord, flammable materials are buried to a depth of at least
1516(part),2000:Ord. 1514(part),2000:Ord. 1513 twice the calculated maximum depth of scour for a
§ I (Exh. A) (part),2000) one hundred-year flood. The maximum depth of
scour shall be determined by hydraulic engineering
18.44.220 Floodway—Uses requiring permits. methods acceptable to the floodplain administrator.
The following artificial obstructions may be per- E. Storage of materials and equipment,provided
mitted in the floodway subject to the issuance of a that:
permit by the floodplain administrator: 1. The material or equipment is not subject to
A. Excavation of material from pits and pools major damage by flooding and is properly anchored
provided that: to prevent floatation or downstream movement, or
1. A buffer strip of undisturbed land is left 2. The material or equipment is readily movable
between the edge of the channel and the edge of the within the limited time available after flood warning.
excavation. This buffer strip must be of sufficient Storage of flammable,toxic,hazardous or explosive
width to prevent flood flows from channeling into the materials shall not be permitted.
excavation; F. Domestic water supply wells, provided that:
2. The excavation meets all applicable laws and 1. They are driven or drilled wells located on
regulations of other local and state agencies; and ground higher than the surrounding ground to assure
3. Excavated material is disposed of or stock- positive drainage from the well;
piled outside the floodway. 2. Well casings are watertight to a distance of at
B. Railroad,highway and street stream crossings least twenty-five feet below the ground surface;
provided the crossings are designed to offer minimal 3. Water supply and electrical lines have a
obstruction to flood flow.Stream crossings shall not watertight seal where the lines enter the casing;
increase the elevation of the one hundred-year flood 4. All pumps,electrical lines and equipment are
more than one-half foot nor cause a significant either submersible or adequately floodproofed; and
increase in flood velocities. 5. Check valves are installed on main water lines
C. Limited filling for highway,street and railroad at wells and at all building entry locations.
embankments not associated with stream crossings, G. Buried and sealed vaults for sewage disposal
provided that: in recreational areas, provided they meet applicable
1. Reasonable alternate transportation routes laws and standards administered by the Montana
outside the designated floodway are not available, Department of Health and Environmental Sciences.
and H. Public or private campgrounds,provided that:
2. Such floodway encroachment is located as far 1. Access roads require only limited fill and do
from the stream channel as possible and shall not not obstruct or divert flood waters; and
(Bozeman 11-01) 370
18.44.230
2. Recreational vehicles and travel trailers are 1516(part),2000:Ord. 1514(part),2000:Ord. 1513
licensed and ready for highway use. They are ready § 1 (Exh.A)(part),2000)
for highway use if on wheels or jacking system with
wheels intact,are attached to the site with only quick 18.44.230 Floodway—Permits for flood
disconnect type utilities and securing devices, and control works.
have no permanently attached additions. Flood control works shall be allowed within
I. Structures accessory to the uses permitted in floodways subject to the issuance of a permit by the
this section such as boat docks, marinas, sheds, floodplain administrator with the following condi-
picnic shelters,tables and toilets provided that: tions:
1. The structures are not intended for human A. Levees and floodwalls are permitted if:
habitation; 1. The proposed levee or floodwall is designed
2. The structures will have a low flood damage and construed to safely convey a one hundred-year
potential; flood; and
3. The structures will, insofar as possible, by 2. The cumulative effect of the levee or
located on ground higher than the surrounding floodwall combined with allowable floodway fringe
ground and as far from the channel as possible; encroachments does not increase the unobstructed
4. The floodproofing standards of Sections base flood elevation more than 0.5 foot. The flood-
18.44.360 through 18.44.400 are met; and plain administrator may establish either a lower or
5. The structures will be constructed and placed higher permissible increase in the base flood eleva-
so as to offer minimal obstruction to flood flows and tion for individual levee projects only with concur-
are anchored to prevent flotation. rence from the Montana Department of Natural
J. Replacement of manufactured homes in an Resources and Conservation and the Federal Emer-
existing manufactured home park or subdivision on a gency Management Agency based upon consider-
developed site with servicing utilities. The replace- ation of the following criteria:
ment home must be elevated on a permanent foun- a. The estimated cumulative effect of any antici-
dation so the lowest floor is two feet above the base pated future permissible uses,and
flood elevation or thirty-six inches in height above b. The type and amount of existing flood-prone
grade.The foundation must be reinforced concrete, development in the affected area.
reinforced mortared block,reinforced piers,or other 3. The proposed levee or floodwall,except those
foundation elements of at least equivalent strength. to protect agricultural land, is constructed at least
The manufactured home chassis must be securely three feet higher than the base flood elevation;
anchored to the foundation system so that it will B. Riprap, except that which is handplaced,if
resist floatation, collapse and lateral movement. 1. The riprap is designed to withstand a one
Methods of anchoring may include, but are not hundred-year flood,
limited to,use of over-the-top or frame ties to ground 2. The riprap does not increase the base flood
anchors. elevation, and
K. Substantial improvements to any structure 3. The riprap will not increase erosion upstream,
provided that the provisions of subsections C,D or E downstream, or adjacent to the riprap site;
of Section 18.44.270 are met. In the floodway the C. Channelization projects if they do not signifi-
structure must be floodproofed or elevated on a cantly increase the magnitude,velocity,or base flood
permanent foundation rather than on fill. elevation in the proximity of the project;
L. All other artificial obstructions, substantial D. Dams,provided that:
improvements or nonconforming uses not specifical- 1. They are designed and constructed in accor-
ly listed or prohibited by these regulations. (Ord. dance with the Montana Dam Safety Act and appli-
cable safety standards,and
371 (Bozeman I1-01)
18.44.240-18.44.270
2. They will not increase flood hazards down- (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
stream, either through operational procedures or 1513 § 1 (Exh.A)(part),2000)
improper hydraulic design.(Ord. 1516 (part),2000:
Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) 18.44.260 Floodway fringe—Uses allowed
(part), 2000) without permits.
All uses allowed in the floodway,according to the
18.44.240 Floodway—Permits for water provisions of Section 18.44.2 10 of these regulations,
diversions. shall also be allowed without a permit in the
Permits for the establishment of a water diversion floodway fringe. In addition, individual or multiple
of change in place of diversion shall not be issued if, family subsurface sewage disposal systems are al-
in the judgment of the floodplain administrator: lowed only when they are reviewed and approved
A. The proposed diversion will significantly under laws and regulations administered by the
increase the upstream base flood elevation to the Department of Health and Environmental Sciences or
detriment of neighboring property; the local health board.(Ord. 1516 (part),2000: Ord.
B. The proposed diversion is not designed and 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
constructed to minimize potential erosion from a one 2000)
hundred-year flood; and
C. Any permanent diversion structure crossing 18.44.270 Floodway fringe—Uses requiring
the full width of the stream channel is not designed permits.
and constructed to safely withstand a one hundred- All uses allowed in the floodway subject to the
year flood.(Ord. 1516(part),2000:Ord. 1514(part), issuance of a permit, according to the provisions of
2000: Ord. 1513 § 1 (Exh.A)(part),2000) Sections 18.44.220 through 18.44.240, shall also be
allowed by permit within the floodway fringe. In
18.44.250 Floodway—Prohibited uses. addition, new construction, substantial improve-
The following artificial obstructions and noncon- ments, and alterations to structures are allowed by
forming uses are prohibited within the floodway: permit.This includes but is not limited to residential,
A. New construction of any residential,commer- commercial and industrial construction and suitable
cial or industrial structure including manufactured fill to be allowed by permit from the floodplain
homes; administrator,subject to the following conditions:
B. Encroachments including fill, new construc- A. Such structures or fill must not be prohibited
tion,alterations,substantial improvements,and other by any other statute,regulation, ordinance or resolu-
development within the adopted regulatoryfloodway tion;
that would result in erosion of the embankment, B. Such structures or fill must be compatible with
obstruction of the natural flow of waters,or increase local comprehensive plans;
in flood levels within the community during the C. The new construction, alterations, and sub-
occurrence of the one hundred-year flood; stantial improvements of residential structures in-
C. The construction or permanent storage of an cluding manufactured homes must be constructed on
object subject to floatation or movement during suitable fill such that the lowest floor elevation
flooding; (including basement) is two feet or more above the
D. Solid and hazardous waste disposal, sewage base flood elevation. The suitable fill shall be at an
treatment and sewage disposal systems; elevation no lower than the base flood elevation and
E. Storage of toxic, flammable, hazardous or shall extend for at least fifteen feet,at that elevation,
explosive materials; and beyond the structure(s)in all directions;
F. Alterations of structures unless it can be D. The new construction,alteration,and substan-
shown the alteration will not raise flood heights. tial improvement of commercial and industrial struc
(Bo=M.11-01) 372
18.44.270
tures can be constructed on suitable fill as specified frame ties to ground anchors. The following condi-
in subsection C of this section.If not constructed on tions also apply:
fill, commercial and industrial structures must be 1. When a manufactured home is a) altered, b)
adequately floodproofed to an elevation no lower replaced because of substantial damage as a result of .
than two feet above the base flood elevation. a flood, or c) replaced on an individual site, the
Floodproofing must be certified by a registered lowest floor must be elevated two feet above the base
professional engineer .or architect that the flood elevation.The home can be elevated on fill or
floodproofrig methods are adequate to withstand the raised on a permanent foundation of reinforced
flood depths, hydrodynamic and hydrostatic pres- concrete,reinforced mortared block,reinforced piers,
sures,velocities,impact,buoyancy,and uplift forces or other foundation elements of at least equivalent
associated with the one hundred-year flood. strength.
1. If the structure is designed to allow internal 2. Replacement or substantial improvement of
flooding of areas below the lowest floor,use of this manufactured homes in an existing manufactured
space shall be limited to parking, loading areas, home park or subdivision must be raised on a per-
building access, and storage of equipment or manent foundation.The lowest floor must be at least
materials not appreciably affected by flood waters. thirty-six inches above the ground or raised two feet
The floors and wall shall be designed and constructed above the base flood elevation, whichever is less.
of materials resistant to flooding to an elevation no The foundation must consist of reinforced concrete,
lower than two feet above the base flood elevation. reinforced mortared block,reinforced piers,or other
Walls shall be designed to automatically equalize foundation elements of at least equivalent strength.
hydrostatic forces by allowing for entry and exit of 3. Manufactured homes proposed for use as
floodwaters. Openings may be equipped with commercial or industrial structures must be elevated
screens, louvers, valves, other coverings, or devices and anchored,rather than floodproofed;
which permit the automatic entry and exit of F. Fill material placed in the floodway fringe
floodwaters. must be stable, compacted, well graded, pervious,
2. Structures whose lowest floors are used for a generally unaffected by water and frost, devoid of
purpose other than parking, loading, or storage of trash or similar foreign matter,devoid of tree stumps
materials resistant to flooding shall be floodproofed or other organic material, and appropriate for the
to an elevation no lower than two feet above the base purpose of supporting the intended use and/or
flood elevation. Floodproofing shall include permanent structure;
impermeable membranes or materials for floors and G. Roads,streets,highways and rail lines shall be
walls and watertight enclosures for all windows, designed to minimize increase in flood heights.
doors and other openings.These structures shall also Where failure or interruption of transportation facil-
be designed to withstand the hydrostatic, hydrody- ities would result in danger to the public health or
namic and buoyancy effects of a one hundred-year safety,the facility shall be located two feet above the
flood. base flood elevation;
3. Floodproofing of electrical, heating and H. Agricultural structures that have a low damage
plumbing systems shall be accomplished in accor- potential, such as sheds, barns, shelters, and hay or
dance with Sections 18.44.360 through 18.44.400; grain storage structures must be adequate anchored to
E. All manufactured homes placed in the flood- prevent floatation or collapse and all electrical
way fringe must have the chassis securely anchored facilities shall be placed above the base flood
to a foundation system that will resist floatation, elevation; and
collapse or lateral movement.Methods of anchoring Recreational vehicles, if they are on the site for
may include, but are not limited to, over-the-top or more than one hundred eighty consecutive days or
are not ready for highway use, must meet the
373 (Bowman 11-01)
18.44.280-18.44.320
elevating requirements of subsection C of this sec- 1516(part),2000:Ord. 1514(part),2000:Ord. 1513
tion.(Ord. 1516(part),2000:Ord. 1514(part),2000: § 1 (Exh.A)(part),2000)
Ord. 1513 § 1 (Exh.A)(part),2000)
18.44.300 Shallow flooding(AO zones).
18.44.280 Floodway fringe—Prohibited uses. A. Shallow flooding areas are delineated as AO
The following artificial obstructions and noncon- zone floodplain of the Flood Insurance Rate Maps.
forming uses are prohibited within the floodway The provisions of Section 18.44.270 shall apply to
fringe: any AO zone floodplains. The depth of the one
1. Solid and hazardous waste disposal;and hundred-year flood is indicated as the depth number
2. Storage of highly toxic,flammable,hazardous on the Flood Insurance Rate Maps.The one hundred-
or explosive materials.Storage ofpetroleumproducts year flood depth shall be referenced to the highest
may be allowed by permit if stored on compacted fill adjacent grade or stream flow line in determining
at least two feet above the base flood elevation and which fill or floodproofrng heights to use in applying
anchored to a permanent foundation to prevent the provisions of subsections C and D of Section
downstream movement. (Ord. 1516 (part), 2000: 18.44.270. In the absence of depth or elevation
Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) information, a minimum two-foot flood depth shall
(part), 2000) be used.
B. Floodplain Boundary Interpretation. The
18.44.290 Floodplain areas with flood floodplain administrator shall make interpretations
elevations and no delineated where needed as to the exact location of an AO zone
floodway. floodplain boundary when there is a conflict between
A. A development proposed for a one hundred- a mapped boundary and actual field conditions.(Ord.
year floodplain, where water surface elevations are 1516(part),2000:Ord. 1514(part),2000:Ord. 1513
available but no floodway is delineated, may not § 1 (Exit. A)(part),2000)
significantly increase flood velocities or depths or
generally alterpattems of flood flow.The provisions 18.44.310 Applicability to unnumbered A
of Sections 18.44.260 through 18.44.280 shall apply zones.
to these areas. The floodplain administrator may The minimum floodplain development standards
require a permit applicant to furnish additional hy- listed in this section apply to the one hundred-year
draulic data before acting on a permit application for floodplains delineated by approximate methods and
such a floodplain.The data may include, but are not identified as unnumbered A zones on the flood
limited to,any of the following: insurance rate maps. (Ord. 1516 (part), 2000: Ord.
1. A hydraulic study documenting probably 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
effect on upstream,downstream or adjacent property 2000)
owners caused by the proposed development;or
2. The calculated increase in the one hundred- 18.44.320 A zones—Uses allowed without
year flood water surface profile caused by the pro- permits.
posed development. All uses allowed in a floodway, according to the
B. Permits for such proposed development may provisions of Section 18.44.210, shall also be al-
be modified or denied if the additional information lowed without a permit in unnumbered A zone
shows that the proposed use would cause an addi- floodplains. (Ord. 1516 (part), 2000: Ord. 1514
tional flood hazard to adjacent property or signifi- (part), 2000: Ord. 1513 § I (Exh.A)(part),2000)
cantly increase in flood heights is one-half foot
unless existing or anticipated development in the area
dictates a lesser amount of allowable increase.(Ord.
(Bowman I 1-OI) 374
18.44.330-18.44.380
18.44.330 A zones—Uses requiring permits. 18.44.340 A zones—Prohibited uses.
All uses allowed in the floodway and floodway Those uses prohibited in the floodway fringe, in
fringe subject to the issuance of a permit,according accordance with Section 18.44.280, shall also be
to the provisions of Section 18.44.270, shall require prohibited within the A zone floodplain boundaries.
permits from the floodplain administrator for un- (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
numbered A zone floodplains.Also,the provisions of 1513 § 1 (Exh.A)(part), 2000)
Section 18.44.270 apply to the A zone floodplains
with no floodway delineated or water surface profile 18.44.350 A zones—Floodplain boundary
computed.Since there are no one hundred-year flood interpretation.
water surface profiles computed for A zone The floodplain administrator shall make interpre-
floodplains,the following conditions also apply: tations where needed as to the exact location of the
A. Elevation data on the one hundred-year flood unnumbered A zone floodplain boundary when there
shall be provided for subdivision proposals according is a conflict between a mapped boundary and actual
to the definitions and rules of the Montana Sanitation field conditions. (Ord. 1516(part), 2000: Ord. 1514
in Subdivisions Act,MCA 76-4 Part 1 and the rules (part),2000: Ord. 1513 § 1 (Exh.A) (part),2000)
adopted by DHSS under this act.These data shall be
used in the applying subsections C, D and E of 18.44.360 Floodproofing requirements—
Section 18.44.270. Subdivision proposals shall also Certification.
provide for adequate drainage to minimize potential If the following floodproofing requirements are to
flood hazards; be applied to a proposed structure, as stipulated by
B. The floodplain administrator may obtain, the floodplain administrator in accordance with these
review and reasonably use any base flood elevation regulations, the methods used must be certified as
and floodway data available from federal, state or adequate by a registered professional engineer or
other sources,until such data have been provided by architect. (Ord. 1516 (part),2000: Ord. 1514(part),
FEMA, to enforce subsections C and D of Section 2000: Ord. 1513 § 1 (Exh.A)(part), 2000)
18.44.270;
C. The floodplain administrator may use histori- 18.44.370 Floodproofing requirements—Con-
cal flood elevations to determine suitable fill or formance.
floodproofing elevations as required by subsections Permitted floodproof systems shall conform to the
C and D of Section 18.44.270; conditions listed in Sections 18.44.380 through
D. If historical flood evidence is not available, 18.44.400 and the floodproofing standards listed in
then the floodplain administrator shall determine, subsection D of Section 18.44.270 for commercial
from a field review at the proposed development site, and industrial structures. (Ord. 1516 (part), 2000:
an appropriate fill or floodproofing elevation to use Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A)
in applying subsections C and D of Section (part),2000)
18.44.270. In the absence of depth or elevation
information, a minimum two-foot flood depth shall 18.44.380 Floodproofing requirements—
be used; and Electrical systems.
E. Proposed structures must be anchored to A. All incoming power service equipment, in-
prevent floatation or collapse and must be located as cluding all metering equipment, control centers,
far from stream channels as practicable(Ord. 1516 transformers,distribution and lighting panels,and all
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § 1 other stationary equipment must be located at least
(Exh.A)(part),2000) two feet above the base flood elevation;
B. Portable or movable electrical equipment may
be placed below the base flood elevation, if the
375 (Boumeo 11-01)
18.44.390-18.45.010
equipment can be disconnected by a single submers- governing body; its legal council; and the Montana
ible plug-and-socket assembly; Department of Natural Resources and Conservation.
C. The main power service line shall have auto- (Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
matic or manually operated electrical disconnect 1513 § 1 (Exh. A) (part),2000)
equipment located at an accessible location outside
the one hundred-year floodplain and above the base 18.44.420 Violation—Penalty.
flood elevation;and Violation of the provisions of this chapter or
D. All electrical wiring systems installed at or failure to comply with any of the requirements,
below the elevation of the one hundred-year flood including permit approval prior to development of
shall be suitable for continuous submergence and floodprone lands and conditions and safeguards
may not contain fibrous components. (Ord_ 1516 established shall constitute a misdemeanor. Any
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 § I person who violates this chapter or fails to comply
(Exh. A)(part),2000) with any of its requirements shall,upon conviction,
be fined not more than one hundred dollars or im-
18.44.390 Floodproofing requirements— prisoned in jail for not more than ten days or both.
Heating systems. Each day's continuance of a violation shall be
A. Float operated automatic control valves must deemed a separate and distinct offense. (Ord. 1516
be installed in gas furnace supply lines so that the (part), 2000: Ord. 1514(part), 2000: Ord. 1513 § 1
fuel supply is automatically shut off when flood (Exh. A) (part), 2000)
waters reach the floor level where the furnace is
located;
B. Manually operated gate valves must be in- Chapter 18.45
stalled in gas supply lines. The gate valves must be
operable from a location above the elevation of the CASINO OVERLAY DISTRICT
one hundred-year flood;
C. Electric heating systems must be installed in Sections:
accordance with the provisions of Section 30(A). 18.45.010 Intent.
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. 18.45.020 Application for zoning
1513 § I (Exh.A) (part), 2000) designation.
18.45.030 Permitted uses.
18.44.400 Floodproofing requirements— 18.45.040 Restrictions.
Plumbing systems. 18.45.050 Lot area and width.
A. Sewer lines, except those to be buried and 18.45.060 Lot coverage.
sealed in vaults, must have check valves installed to 18.45.070 Yards.
prevent sewage backup into permitted structures;and 18.45.080 Building height.
B. All toilet stools,sinks,urinals and drains must
be located so the lowest point of possible water entry 18.45.010 Intent.
is at least two feet above the elevation of the one The intent of the casino overlay district is to
hundred-year flood. (Ord. 1516 (part), 2000: Ord. provide suitable locations for casinos (as defined in
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), Section 18.04.350) based on review for impacts to
2000) neighboring uses and to minimize adverse effects on
the community in the best interests of the public
18.44.410 Violation notice. health, safety, and welfare. (Ord. 1516(part), 2000:
The floodplain administrator shall bring any
violation of this chapter to the attention of the local
(Bowman 11-01) 376
18.45.020-18.45.080
Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) for schools, churches, residences, public parks, or
(part),2000) other casinos.
D. Sale for on-premises consumption of beer,
18.45.020 Application for zoning designation. wine and liquor is permissible only for casino and
Any person wishing to establish a casino must restaurant establishments. (Ord. 1516 (part), 2000:
make application as per Chapter 18.55,Zoning Text Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A)
and Map Amendments,for a Casino Overlay District. (part),2000)
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord.
1513 § 1 (Exh.A)(part),2000) 18.45.050 Lot area and width.
There shall be no minimum lot area; however,no
18.45.030 Permitted uses. lot width shall be less than one hundred feet and the
Permitted uses in the casino overlay district are as lot area shall be sufficient to provide all required yard
follows: areas and off-street parking.(Ord. 1516(part),2000:
A. Principal Uses. Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A)
All principal uses permitted in the M-1 district (part),2000)
if the underlying zoning is M-1
All principal uses permitted in the M-2 district 18.45.060 Lot coverage.
if the underlying zoning is M-2 The entire lot, exclusive of required yards and
B. Conditional Uses. parking, may be occupied by the principal and ac-
Casinos cessory buildings.(Ord. 1439 § 5 (part), 1997)
All conditional uses permitted in the M-1
district if the underlying zoning is M-1 18.45.070 Yards.
All conditional uses permitted in the M-2 Every lot within a casino overlay district shall
district if the underlying zoning is M-2 have the following minimum yards:
C. Accessory Uses. Front yard 25 feet
All accessory uses permitted in the M-1 Rear yard 10 feet
district if the underlying zoning is M-1 Side yards 8 feet each side.
All accessory uses permitted in the M-2 (NOTE: All yards shall be subject to the provisions
district if the underlying zoning is M-2 of Section 18.43.060 and Section 18.50.060(D)when
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. applicable.) (Ord. 1516 (part), 2000: Ord. 1514
1513 § 1 (Exh.A)(part),2000) (part),2000: Ord. 1513 § 1 (Exh.A)(part),2000)
18.45.040 Restrictions. 18.45.080 Building height.
A. Casino overlay districts shall be permissible Maximum building height in a casino overlay
zoning only in areas zoned M-1,light manufacturing district shall be thirty-eight feet for buildings with
district,or M-2,manufacturing and industrial district. roof pitches of 3:12 or greater and thirty-two feet
B. Casino overlay districts shall not be located for buildings with flat roofs or with roof pitches of
within an entryway overlay district except for the I- less than 3:12. (Ord. 1516 (part), 2000: Ord. 1514
90 entryway overlay corridor. Casino overlay dis- (part),2000: Ord. 1513 § 1 (Exh.A)(part),2000
tricts shall not be located in areas where the 1-90
entryway corridor overlaps other entryway overlay
districts.
C. Casino overlay district lots shall not be located
within six hundred feet,in any direction,of lots used
377 (Baznnan 11-01)
18.48.010-18.48.020
Chapter 18.48 or structure or land shall be in conformity with the
provisions of this title.
NONCONFORMING USES AND E. Normal maintenance of a building or other
STRUCTURES structure containing or related to a lawful
nonconforming use is permitted,including necessary
structural repairs provided such structural repairs do
Sections: not enlarge, intensify, or otherwise redefine the
18.48.010 Nonconforming uses. nonconforming use.(Ord.1516 (part,2000)
18.48.020 Changes to or expansions of
nonconforming uses. 18.48.020 Changes to or expansions of
18.48.030 Use of existing lots. nonconforming uses.
18.48.040 Nonconforming structures. A. A lawful nonconforming nonresidential use
18.48.050 Changes to or expansions of shall not be changed except in conformance with the
nonconforming structures. use requirements of the zone in which it is located.
18.48.060 Expansions of nonconforming Except, however, a lawful nonconforming use may
buildings containing conforming be changed to another nonconforming use,provided
uses. that a conditional use permit is obtained from the city
commission. A lawful nonconforming nonresidential
18.48.010 Nonconforming uses. use may be expanded only through the granting of a
A. Any use lawfully existing upon the effective conditional use permit by the city commission. In
date of the ordinance codified in this title may be considering the appropriateness of the conditional
continued at the size and in the manner of operation use permit application, the city commission shall
existing upon such date except as hereinafter weigh the criteria set forth in subsection B of this
specified, or in the case of signage as specified in section. In addition, the commission shall consider
Chapter 18.65. whether the expansion is reasonable, natural and
B. The right to operate and maintain a incidental to the growth and use of an existing
nonconforming use shall terminate when the business. In general, proposals to expand
structure or structures housing such use are removed, nonconforming uses shall not be approved if the
razed or damaged to an extent of fifty percent of the expansion would encompass new land or property
structure's fair market value as determined by the last which was not in use at the time of the enactment of
equalized assessment role of the county. However, zoning or a change in zoning.
in the event of dame by fire, wind earthquake or B. To approve the conditional use permit,the city
other act of God to the extent described above, said commission shall determine that the proposed
nonconforming use or uses may be reestablished nonconforming use is more appropriate to the district
through a conditional use permit procedure as set than the existing nonconforming use, and that no
forth in Chapter 18.53. Such restoration shall unsafe or unhealthy conditions are perpetuated. In
comply to the maximum extent reasonably feasible making such a determination, the commission shall
with the requirements of this title. weigh the following criteria in addition to the criteria
C. When any lawful nonconforming use of any applicable to all conditional use permits:
structure or land in any district has been changed to a 1. Traffic impacts, both on-site and off-site;
conforming use, it shall not thereafter be changed to 2. Off-street parking and loading requirements;
any nonconforming use. 3. The visual impact on the surrounding area;
D. Whenever a lawful nonconforming use of a 4. The degree of compliance with the adopted
building or structure or land is discontinued for a master plan and this title;
period of ninety days, any future use of the building
(Boorman II-01) 378
18.48.030-18.48.050
5. The level of conflict with other uses in the of passage of the ordinance codified in this title,shall
surrounding area; be reduced in size so that lot width or size of yards or
6. The presence of other nonconformities in the lot area per household or any other requirement of
surrounding area; this title is not maintained. This section shall not
7. The degree to which any existing unsafe or apply when a portion of a lot is acquired for a public
hazardous conditions would be mitigated; purpose.
8. The viability of the subject structure(s); and C. Adjacent parcels which do not conform to
9. On-site and off-site impacts from noise,dust, minimum lot requirements and which are in common
smoke, surface or groundwater contamination, or ownership shall be considered individual lots of
other environmental impacts. record for the purposes of this code only if they are
C. the maintenance and reconstruction of existing each greater than one acre in size and were created
nonconforming residential dwelling units is allowed, prior to the passage of the ordinance codified in this
in compliance with applicable fire and building title. (Ord. 1516 (part),2000)
codes,including expansion of up to twenty percent of
the existing total residential area, as long as the 18.48.040 Nonconforming structures.
number of dwelling units on the lot is not increased. A. Any nonconforming structure lawfully
In instances where new construction is allowed all existing upon the effective date of the ordinance
appropriate approvals such as a certificate of codified in this title may be continued at the size and
appropriateness or building permit shall be obtained configuration existing upon such date except as
prior to the initiation of construction. (Ord. 1516 hereinafter specified, or in the case of signage as
(part),2000) specified in Chapter 18.65.
B. The right to operate and maintain a
18.48.030 Use of existing lots. nonconforming structure shall terminate when the
A. At the time of the enactment of the ordinance structure or structures housing such use are removed,
codified in this title, if any owner of a plot of land razed or damaged to an extent of fifty percent of the
consisting of one or more adjacent lots in a structure's fair market value as determined by the last
subdivision of record does not own sufficient land equalized assessment role of the county. However,
within the lot of record to enable him/her to conform in the event of damage by fire, wind earthquake or
to the minimum lot size requirements or does not other act of God to the extent described above, said
have sufficient lot width to conform to the minimum nonconforming structure may be reestablished
lot width requirements, such plot of land may through a conditional use permit procedure as set
nevertheless be used a s a building site. The lot forth in Chapter 18.53. Such restoration shall
dimension requirements of the district in which the comply to the maximum extent feasible with the
piece of land is located may be reduced by the requirements of this title.
smallest amount that will permit a structure of C. Normal maintenance of a lawful
acceptable size to be built upon the lot, such nonconforming structure is permitted, including
reduction to be determined by the board of necessary structural repairs provided such structural
adjustment. Existing buildings on nonconforming repairs do not enlarge the structure or intensify the
lots may be expanded without deviations or variances use. (Ord. 1516 (part),2000)
so long as the expansion does not increase or create
one or more nonconformities. 18.48.050 Changes to or expansions of
1. In the R-S,R-1,R-2,R-2a and R-3a districts, nonconforming structures.
the reduction shall permit only a duplex. A. A lawful nonconforming structure shall not be
B. No lot, even though it may consist of one or changed except in conformance with the
more adjacent lots in the same ownership at the time requirements of the zone in which it is located. If a
379 (Bowman 11-01)
18.48.060-18.49.020
change in a lawful nonconforming structure is 18.49.050 Landscape plan review.
proposed which would cause an increase in the 18.49.060 Mandatory landscaping provis-ions.
existing nonconformity, or create a new 18.49.070 Landscape performance standards.
nonconforming situation, a deviation or variance 18.49.080 Landscaping of public lands.
must be obtained in conjunction with or prior to the 18.49.090 Deviation from landscaping
final approval of the expansion or change. requirements.
B. A lawful nonconforming structure may be 18.49.100 Landscaping completion.
expanded through the plan review process required 18.49.110 General maintenance.
by Chapters 18.42, 18.43 and 18.52. Unless the
proposed expansion would create a new 18.49.010 Purpose and intent.
nonconformity or increase an existing The process of development,with its alteration of
nonconformity,no deviation or variance is required the natural topography and vegetation and creation of
for the expansion. impervious cover can have a negative effect on the
C. If a lawful nonconforming structure is ecological balance of an area by causing or
proposed to be changed or expanded in a manner accelerating the processes of runoff, erosion and
which would increase the degree of nonconformity sedimentation. The economic base of Bozeman can
or would create a new nonconformity a deviation or and should be protected through the preservation and
variance shall be properly granted prior to or in enhancement of the area's unique natural beauty and
conjunction with the site development approval environment. Recognizing that the general
required in Chapters 18.42, 18.43, and 18.52. objectives of this chapter are to promote and protect
D. The maintenance and reconstruction of the health, safety and welfare of the public, these
existing nonconforming residential structures is landscaping regulations as part of this title are
allowed, in compliance with applicable fire and adopted for the following specific purposes:
building codes so long as the number of dwelling 1. To aid in stabilizing the environment's
units on the lot is not increased. Maintenance ecological balance by contributing to the process of
activities may not increase the degree of air purification, oxygen regeneration, groundwater
nonconformity. (Ord. 1516(part), 2000) recharge and stormwater runoff retardation,while at
the same time aiding in noise, glare and heat
18.48.060 Expansions of nonconforming abatement;
buildings containing conforming 2. To provide visual buffering between land uses
uses. of differing character;
A nonconforming building which houses 3. To enhance the beauty of the zoning
conforming uses may be expanded as allowed by jurisdiction of the city;
Section 18.48.050.(Ord. 1516(part), 2000) 4. To protect the character and stability of
residential, business, institutional and industrial
areas;
Chapter 18.49 5. To preserve the value of land and buildings;
and
LANDSCAPING 6. To conserve energy. (Ord. 1516(part),2000)
Sections: 18.49.020 Interpretation and scope.
18.49.010 Purpose and intent. A. The provisions of this section shall apply to a
18.49.020 Interpretation and scope. lot or site when an application is being made for:
18.49.030 Definitions.
18.49.040 General landscaping provisions.
(Bouman 11-01) 380
18.49.030
1. Site plan approval pursuant to Chapter 18.52; "Artificial lot" means an area within the building
2. Signs pursuant to Chapter 18.65 where site that is delineated by the planning director for the
landscaping is required; sole purpose of satisfying the requirements of this
3. Restoration of a building that has been section(see Section 18.49.040 of this chapter).
damaged or destroyed by fire, explosion, flood, 'Berm" means a mound of earth tow to six feet
tomado,riot, act of the public enemy,or accident of high, planted with vegetative groundcover, with a
any kind. For purposes of this paragraph, slope not exceeding one foot of rise for each two feet
"restoration" means the act of putting back into a of run.
former or original state,only. "Caliper" means the diameter of the trunk
B. Not withstanding the application of subsection measured six inches above ground level up to and
(A)of this section,these provisions shall not apply to including four inch caliper size,and measured twelve
the following: inches above ground level if the measurement taken
1. Lots containing residential uses subject to at six inches above ground level exceeds four inches.
sketch plan review when located outside entryway If a tree is of a multi-trunk variety,the caliper of the
corridors, except that such lots shall be subject to tree is the average caliper of all of its trunks.
subsections 18.49.060 A and 18.49.060 E of this "Canopy tree" means a species of tree which
chapter; normally bears crown foliage no lower than six feet
2. Lots or sites within a planned unit above ground level upon maturity.
development which has been approved with its own 'Enhanced pavement" means any permeable or
landscape plan. However,these provisions shall be nonpermeable decorative pavement material intended
used as the basis for determining the landscaping for pedestrian or vehicular use. Examples of
plans for future planned unit developments and such enhanced pavement include brick or stone pavers,
planned unit development landscaping plans shall grass paver, exposed aggregate concrete, and
meet or exceed the standards of these landscape stamped and stained covered pavement.
regulations; 'Evergreen tree or shrub"means a tree or shrub of
3. Lots or sites which are designed,reviewed and a species which normally retains its leaves/needles
approved according to the deviation provisions throughout the year.
specific in Section 18.49.090 of this chapter. (Ord. "Groundcover" means natural mulch or plants of
1516(part),2000) species which normally reach a height of less than
two feet upon maturity,installed in such a manner so
18.49.030 Definitions. as to form a continuous cover over the ground.
A. All words in this section shall be defined as "Landscape architect'means at least seventy-five
provided herein and, if not defined herein, shall be percent(75%)coverage of an area with natural grass,
defined as in the definition of terms of Chapter 18.04 vegetative groundcover,or other natural living plant
of this title and, if not defined therein, shall be materials, the remainder of which is covered with
defined as the current edition of The Illustrated Book nonvegetative decorative landscape design elements
of Development Definitions by Harvey S.Moskowitz such as washed rock, lava rock, bark chips, and
and Carl G. Lindbloom, and if not defined in The ornamental features such as pools, fountains,
Illustrated Book of Development Definitions, shall benches, etc. For purposes of this title, the term
have their customary dictionary definitions. landscaping shall be considered to have the same
B. Words used in the present tense include the meaning as the terms landscape, landscaped and
future tense; words used in the singular include the landscaped area.
plural, and words used in the plural include the "Large shrub" means a shrub which normally
singular. The word "shall" is always mandatory. reaches a height of five feet or more upon maturity,
and usually has five or more canes.
381 (Bauman 11.01)
18.49.040
"Large tree" means a tree of a species which 18.49.040 General landscaping provisions.
normally reaches a height of twenty-five feet or more A. Designation of Artificial Lot,
upon maturity, and usually has a single stem. 1. All the lots and building sites described in
"Lot" means: subsection 18.49.020.A of this chapter shall be
1. A "lot'as defined in Section 18.04.910;and subject to landscaping provision, however if a
2. An"artificial lot'as defined in this subsection. building site is over two acres in size, the applicant
"Lot with residential adjacency"means any of the may request that the planning director create an
following: artificial lot to satisfy the requirements of Section
1. A building site in a residential zoning district, 18.49.040 of this chapter.
ifthe site abuts or is directly across a public street or 2. The planning director shall not create an
alley from an R-1,R-2,R-2a,R-3,R-3a,R-4 or R-O artificial lot which would,in his/her opinion,violate
zoning district; the spirit of these landscape regulations. An artificial
2. A building site in a nonresidential zoning lot must:
district, if the site abuts or is directly across a public a. Wholly include the area on which the
street or alley from an R-S, R-1, R-2,R-2a, R-e, R- development is to occur;and
3 a,R-4, or R-O zoning district; b. Have an area that does not exceed fifty percent
3. An artificial lot in a residential district, if the of the area of the original site.
lot is less than two hundred feet from an R-1,R-2,R- B. Platting Not Required for Artificial Lots. An
2a,R-3, R-3a,R-4 or R-O zoning district; artificial lot need not be platted,however it must be
4. An artificial lot in a nonresidential zoning designated on plans approved by the planning
district, if the lot is less than two hundred feet from director, development review committee, design
an R-S,R-1,R-2,R-21,R-3,R-3a,R-4,R-O zoning review board, administrative design review staff, or
district. city commission prior to the issuance of a building
"Nonpermeable coverage" means coverage with permit.
nonpermeable pavement. C. Landscape Plan Submission.
"Nonpermeable pavement" means any pavement 1. Submittal with Site Plan Application. If these
this is not "permeable pavement' as defined in this landscape regulations apply to a lot or site subject to
section. plan review and approval outlined in Chapter 18.52,
'Permeable pavement' means a paving material a separate landscape plan shall be submitted as part
that permits water penetration to a soil depth of of the site plan application unless the required
eighteen inches or more. Permeable pavement may landscape information can be included in a clear and
consist of nonporous surface materials poured or laid uncluttered manner on a one inch to twenty feet site
in sections not exceeding one square foot in an area plan.
and collectively comprising less than two-thirds of 2. Landscape Plan Format. The landscape plan
the total surface area. submittal shall include:
"Screening"means a method of visually shielding a. Twenty blueline or blackline copies of the
or obscuring one abutting or nearby structure or use plan;
from another through the use of densely planted b. Suggested scale of one inch to twenty feet but
vegetation and/or berms. not less than one inch to one hundred feet;
"Small tree" means a tree of a species which c. Standard drawing sheet of a size not to
normally reaches a height of less than twenty-five exceed twenty-four inches by thirty-six inches; a
feet upon maturity. plan which cannot be drawn entirely on a twenty-
"Soil"means a medium in which plants will grow. four inch by thirty-six inch sheet must be drawn on
(Ord. 1516 (part),2000) two or more sheets,with match lines.
(Bozeman 11-01) 382
18.49.060
3. Preparation of Landscape Plan. Landscape and location of required off-street parking and
plans shall be prepared and certified by: loading spaces;
a. A registered Montana landscape architect; i. An indication of how existing healthy trees(if
b. An individual with a degree in landscape any) are to be retained and protected from damage
design and two years of professional design during construction;
experience; or j. Size, height, location, and material of
c. An individual with a degree in a related field proposed seating, lighting, planters, sculptures, and
(such as horticulture,botany,plant science,etc.)and water features;
at least five years of professional design experience. k. A.description of proposed watering methods;
4. Contents of Landscape Plan. A landscape 1. Location of visibility triangles on the lot (if
plan required pursuant to this title shall contain the applicable);
following information: in. Tabulation of"points"earned by the plan(see
a. Date, scale, north arrow, and the names, Section 18.49.070 of this chapter);
addresses, and telephone numbers of both the n. Designated snow removal storage areas;
property owner and the person preparing the plan; o. Location of pavement, curbs, sidewalks and
b. Location of existing boundary lines and gutters;
dimensions of the lot; p. Front and side elevations of buildings,fences
c. Approximate centerlines of existing water and walls with height dimension. Show open
courses and the location of any one hundred-year stairways and other projections from exterior
floodplain; the approximate location of significant building walls;
drainage features; and the location and size of q. Show location of existing and/or proposed
existing and proposed streets and alleys, utility drainage facilities which are to be used for drainage
easements,utility lines,driveways,and sidewalks on control;
the lot and/or adjacent to the lot; r. Existing and proposed grade. (Ord. 1516
d. Project name,street address,and lot and block (part),2000)
description;
e. Location, height and material of proposed 18.49.050 Landscape plan review.
screening and fencing(with berms to be delineated A. The development review committee and, if
by one-foot contours); required by this title, the administrative design
f. Locations and dimensions of proposed review staff, the design review board and the city
landscape buffer strips; commission shall review each landscape plan to
g. Complete landscape legend providing a determine whether or not it complies with the
description of plant materials shown on the plan, requirements of this section.
including typical symbols, names (common and B. All landscape plans must comply with the
botanical name), locations, quantities, container or mandatory landscape provisions in Section 18.49.060
caliper sizes at installation, heights, spread, and of this chapter.
spacing. The location and type of all existing trees C. In addition, all landscape plans must earn a
on the lot over six inches in caliper must be minimum number of points as specified in Section
specifically indicated; 18.49.070 of this chapter. Points are awarded for
h. Complete description of landscaping and specified landscape features and elements based upon
screening to be provided in or near off-street parking their relative merit. The alternatives for achieving
and loading areas, including information as to the the minimum points needed for approval are
amount (in square feet) of landscape area to be provided in Section 18.49.070 of this chapter,
provided internal to parking areas and the number
383 (Bowman 11-01)
18.49.060
Landscape Performance Standards.(Ord. 1516(part), And ii. Above shall not be less than eight feet in
2000) width and shall be maintained at a height of four to
six feet except as otherwise restricted by fence and
18.44.060 Mandatory landscaping provisions. hedge height limits within required front yards and
A. Yard Landscaping Required_ For all uses in site triangles,
all districts,unless otherwise provided by specific b. Large canopy trees, large noncanopy trees or
approval through design review procedures,all front, small trees must be provided in, or immediately
side, and rear yards,exclusive of permitted access adjacent to, all parking lots at a minimum average
drives,parking lots,and accessory structures, shall density of:
be landscaped as defined herein. All landscaped i. One large canopy tree; or
areas shall be perpetually maintained in a healthy ii. One large noncanopy tree and one small tree;
condition. or
B. Additional Screening Requirements. The iii. Three small trees;
DRB, ADR, DRC, and/or other approval authority for each nine parking spaces required or provided,
may require additional screening when it is whichever is greater.
determined to be in the best interest of the affected c. No parking space may be located more than
properties. Such additional screening may be ninety feet from the trunk of a tree.
required between existing and/or future: d. No tree maybe planted closer than four feet to
1. Single-household and multi-household the paved portion of the parking lot.
developments or apartment buildings; e. Additionally,any parking lot providing fifteen
2. Multi-household and multi-household or more parking spaces shall have a minimum of
developments or apartment buildings; twenty square feet of landscape area within the
3. Residential and nonresidential uses; or parking lot for each off-street parking space in the lot
4. Nonresidential uses of differing character provided as follows:
and/or intensity. i. Wherever possible, the interior parking lot
C. Parking Lot Landscaping. landscaping shall be designed to facilitate, control
1. For purposes of defining parking lot and denote proper vehicular circulation patterns.
landscaping requirements, the term "parking lot" ii. Internal parking lot landscaping provided shall
means the area within the perimeter of the paved be proportionately dispersed so as to define aisles
portion of the parking lot,including driving aisles but and limit unbroken rows of parking to a maximum of
not including access drives. one hundred feet,with landscaped areas provided in
2. All surface parking lots on the building site or an appropriate scale to the size of the parking lot.
artificial lot, whichever is applicable, shall be iii. The minimum width and/or length of any
landscaped in accordance with the following parking lot landscaped area shall be eight feet.
paragraphs which describe landscaping requirements f. The above standards are minimum mandatory
in addition to the yard landscaping requirements for standards which may be superseded by the provisions
the site: of Section 18.49.070 of this chapter for receipt of
a. Parking Lot Screening Required. performance standard points.
i. All parking lots located on a lot with a D. Screening of Off-Street Loading Spaces.
residential adjacency must be screened from that 1. All off-street loading spaces on a lot with
residential adjacency. residential adjacency must be screened from that
ii. All parking lots located between a principal residential adjacency.
structure and a public street, except in M-1 and M-2
districts, must be screened from the public street.
iii. The screening required under paragraphs i.
(Bozeman 11.01) 394
18.49.060
2. In all districts except M-1 and M-2 districts, advisory board duly appointed by the city
all off-street loading spaces on a lot must be screened commission.
from all public streets adjacent to that lot. 4. The minimum quantity of trees and other
3. The screening required under paragraphs 1. landscaping required and provided in the public
and 2. must be at Ieast six feet in height. right-of-way as described herein shall be designed to
E. Street Frontage Landscaping Required. complement on-site landscaping and to enhance the
1. Except in R-S districts,all street rights-of-way proposed development project and the streetseape.
contiguous with the proposed development site not F. Street Median Island Landscaping. All street
used for street pavement,curbs,gutters,sidewalks or median islands approved through a plan review
driveways shall be landscaped as defined in this title process shall be landscaped according to
and shall include, at a minimum, one large canopy requirements determined through the plan review
tree for each fifty feet of street frontage. Acceptable process.
large canopy shade trees for use in public rights-of- G. Acceptable Landscape Materials.
way include the following species: 1. Acceptable plant materials shall be those listed
Ash, Summit Green(Fraxinus pennsylvanica); in General Selection Factors for Landscape Trees and
Honeylocust, Seedless(Gleditsia triacanthos); Shrubs by Cooperative Extension Service,Montana
Hackberry,Common(Celtis occidentalis); State University, Circular No. 1280, October 1982.
Linden,American(Tilia americana); However, in the case of street frontage landscaping
Linden,Littleleaf(Tilia cordata); as required in subsection 18.49.060E above,
Locust,Black(Robinia pseudoacacia); acceptable tree species shall be limited to those listed
Maple,Norway(Acer platanoides); therein.
Maple, Schwedler (Acer platanoides 2. No artificial plant materials may be used to
"Schwedler"); satisfy the requirements of this chapter.
Maple, Suger(Acer saccharum); 3. Plant materials used to satisfy the
Mountain Ash,European(Sorbus aucaparia); requirements of this chapter must comply with the
Oak,Bur(Quercus macrocarpa); following minimum size requirements at the time of
Walnut,Black(Juglans nigra); installation (depending on the standard measuring
2. Where it may be impractical or difficult to technique for the species).
plant large canopy trees within the public right-of- a. Large trees must have a minimum caliper of
way(due to the presence of overhead power lines,for one and one-half inches to tow inches,or a minimum
instance) the requirement for one large canopy tree height of ten feet.
for each fifty feet of street frontage may be b. Small trees must have a minimum caliper of
substituted with two small ornamental trees per fifty one and one-half inches or a minimum height of eight
feet of street frontage. Acceptable small ornamental feet.
trees for use in public rights-of-way include the c. Large evergreen shrubs must have a minimum
following species: height of two feet or, if of a spreading form, a
Chokecherry,Amur(Prunus maackii); minimum spread of two feet.
Crabapple, many species(Malus spp.); 4. For purposes of subsection (G)(3) of this
Hawthorn(Crataegus spp.); section, height is measured from the top of the root
Lilac, Japanese Tree(Syringa reticulata); ball or,if the plant is in a container,from the top soil
Maple,Amur(Acer ginnala); level in the container.
Maple,Tatarian(Acer tataricum). H. Protection of Landscape Areas.
3. Tree species may be added to or deleted from 1. Perimeter parking lot treatment as required
the above lists upon recommendation of a tree in Section 18,50,120(B)(10) shall be installed to
protect landscape areas adjacent to parking lots.
385 (Bozeman I1-01)
18.49.070
2. Landscape areas within parking lots (i.e., J. Required use of Trees. All landscape plans
landscape islands or peninsulas) must be protected must include, for each yard with a residential
from vehicular traffic through the use of continuous adjacency,at least one of the performance standards
concrete curbs,or other permanent barriers approved in subsection 18.49.070(A)(3) of this chapter that
by the director of public service. Railroad ties,rolled requires the use of one or more trees. (Ord. 1516
asphalt,pin down wheel stops or sirixilar methods of (part),2000)
curbing are not acceptable methods of landscape
protection within parking lots. 18.49.070 Landscape performance standards.
I. Irrigation Standards. A. In addition to complying with the mandatory
1. Permanent irrigation systems shall be landscape provisions in Section 18.49.060 of this
provided to all landscaped areas. The use of hose chapter, all landscape plans must earn a minimum
bibs on the exterior of existing or proposed structures number of points as specified below. Points are
is not an acceptable method of landscape irrigation awarded for specified landscape features and
unless the landscaped area is adjacent to the existing elements based upon their relative value or merit.
or proposed structure. 1. The minimum number of points needed for
2. All irrigation systems and landscaped areas Iandscape plan approval by zoning district is as
shall be designed, constructed and maintained so as follows:
to promote water conservation and prevent water Yard Landscaping Enhancement. An applicant
overflow or seepage into the street, sidewalk or may earn points under this subsection by enhancing
parking areas. mandatory yard landscaping as follows:
Zoning District Lot with Residential Adjacency Lot without Residential Adjacency
All districts except B-1 and
B-3 districts and PUDs 23 15
B-1 18 15
B-3 13 13
PUD Overlay districts Each proposal within a planned unit development, overlay district, or seeking a
deviation to landscaping requirements will be evaluated on the basis of the overall
design excellence of the proposal with consideration to the points required by the most
applicable zoning district and applicable residential adjacency.
a. Three points are awarded,when the landscaped 2. Five points per yard (up to fifteen points
yard has a minimum average width five feet to ten maximum) are awarded when the landscaped yard
feet greater than the minimum yard required by this contains one or more of the following groups of plant
title. materials at a minimum average density of one group
b. Five points are awarded if the minimum for each fifty linear feet of each landscaped yard:
average width is more than ten feet greater than the a. One large canopy tree and one large
minimum yard required by this title. noncanopy tree;
c. Three points are awarded for the installation b. One large canopy tree and two small trees;
of native, drought resistant, or drought tolerant c. One large canopy tree and five evergreen
species for greater than fifty percent and less than shrubs;
seventy-five percent of the non-turf plants. d. One large canopy tree,one small tree,and two
d. Five points are awarded for the installation of large evergreen shrubs;
native,drought resistant, or drought tolerant species e. Two large noncanopy tress, and one small
for seventy-five percent or greater of non-turf plants. tree.
(Bozeman I1-01) 386
18.49.080-18.49.090
3. In the case of a lot with residential adjacency a. A minimum of twenty square feet of
only, eight points are awarded for providing landscape area must be provided in the parking lot
vegetative screening in the landscaped yard with for each required off-street parking space in the lot;
residential adjacency in accordance with the b. The parking lot must contain one of the plant
following subparagraphs: groups from Section 18.49.070A at an average
a. The screening must 6e of natural vegetation at density of one group, plus an additional one large
least six feet in height; canopy tree,for each required sixteen parking spaces
b. the screening must extend along the entire c. No required parking space may be located
length of the portion of the landscaped yard where a more than seventy feet from the trunk of a large
residential adjacency exists, exclusive of: canopy tree.
i. Public street frontage; C. Special Amenities.
ii. Driveways and accessways at points of ingress Pedestrian facilities. One point is awarded for
and egress to the lot, and each one percent increment of lot area covered by
iii. Visibility triangles; publicly accessible special pedestrian facilities and
c. However,no points are awarded for screening features such as plazas, courtyards, covered
required by subsection 18.49.060B unless the walkways, fountains, lakes, streams and ponds,
required screening is constructed of earthen berm or seating areas,and outdoor recreation facilities,up to
evergreen plant materials a maximum of five points. (Ord. 1531 § 14, 2001;
d. If screening is provided by an earthen berm or Ord. 1516 (part),2000)
evergreen plant materials, the following additional
regulations apply: 18.49.080 Landscaping of public lands.
i. An earthen berm must be planted with Maintenance of landscaping installed within the
groundcover. The earthen berm may not have a boulevard portion of the public right-of-way,with the
slope that exceeds one foot of rise for each two feet exception of tree trimming and tree removal,shall be
of run and must be at least four feet high, including the responsibility of adjacent property owners. The
planting materials, subject to front yard and site city shall accept responsibility for the maintenance of
triangle height limitations. all other required landscaping installed in accordance
ii. Evergreen plant materials must: with approved site plans within the public right-of-
a. Be located in a bed that is at least three feet way or on other public lands. (Ord. 1516 (part),
wide, 2000)
b. Be placed a maximum of forty-eight inches on
center over the entire length of the bed unless an 18.49.090 Deviation from landscaping
alternative planting density that a landscape architect requirements.
certifies as being capable of providing a solid A. to achieve the optimal landscape design on
appearance within three years is approved, and individual sites or to coordinate the landscape design
c. Provide a visual barrier of the required height in an area, it may be necessary to deviate from the
within three years of their initial planting. strict application of landscaping requirements. An
B. Parking Lot Landscaping. application for such deviation shall be processed
1. Ten points are awarded when all surface through the pertinent design review authority and
parking lots,as defined in Section 18.49.060C on the approved by the city commission.
building site or artificial lot,whichever is applicable, B. the application for deviation shall be subject to
are landscaped in accordance with all of the the submittal and procedural requirements of Chapter
following paragraphs: 18.52, Plan Review and Approval, and shall be
accompanied by written and graphic material
sufficient to illustrate the conditions that the modified
387 (Bozeman 11-01)
18.49.100-18.50.010
standards will produce, so as to enable the city Chapter 18.50
commission to determine that the deviation will
produce an environment, landscape quality and GENERAL BUILDING AND
character superior to that produced by the existing DEVELOPMENT STANDARDS
standards,and will be consistent with the intent and
purpose of this chapter. Upon such;i finding,the city Sections:
commission may authorize deviations of up to twenty 18.50.010 Purpose.
percent from landscape design standards contained 1.8.50.020 Standards for specific uses.
herein.(Ord. 1516(part),2000) 18.50.030 Use of lands, buildings and
structures.
18.49.100 Landscaping completion. 18.50.035 Miscellaneous requirements.
All landscaping must be completed or secured in 18.50.040 Dwelling unit restrictions.
accordance with the provisions of Chapter 18.62. 18.50.050 Accessory buildings,uses and
(Ord. 1516(part), 2000) equipment.
18.50.060 Yard and height encroachments,
18.49.110 General maintenance. limitations and exceptions.
A. Required landscaping must be maintained in a 18.50.070 Fences,walls and hedges.
healthy,growing condition at all times. The property 18.50.080 Street vision triangle.
owner is responsible for regular weeding,mowing of 18.50.100 Property frontage and drive
grass, irrigating, fertilizing, pruning, and other access standards.
maintenance of all plantings as needed. Any plant 18.50.110 Parking requirements.
that dies must be replaced with another living plant 18.50.120 Off-street loading berth
that complies with the approved landscape plan. requirements.
Failure to maintain required landscaping in a healthy 18.50.130 Special temporary use permit.
growing condition at all times may result in 18.50.140 Home occupations.
revocation of an occupancy permit. When enforcing 18.50.150 Mobile homes on individual lots.
this provision of this title, external factors such as
seasonality and availability of landscape stock shall 18.50.010 Purpose.
be considered before any action to revoke an A. The purpose of this chapter is to establish
occupancy permit is taken, general development standards.These standards are
B. Any damage to utility lines resulting from the intended and designed to assure compatibility of
negligence of the property owner or his agents or uses; to prevent urban blight, deterioration and de-
employees in the installation and maintenance of cay; and to enhance the peace, health, safety and
required landscaping in a utility easement is the general welfare of the residents living within the
responsibility of the property owner. if a public zoning jurisdiction of the city.
utility disturbs a landscaped area in a utility B. These standards are also intended to be used
easement, it shall make every reasonable effort to as guidelines for evaluating and assessing the quality
preserve the landscaping materials and return them to and design of proposed planned unit developments.
their prior locations after the utility work. If, The particulars of any planned unit development will
nonetheless, some plant materials die, it is the be evaluated against their respective standards con-
obligation of the property owner to replace the plant tained in this chapter.It is expected that the quality
materials. (Ord. 1516 (part),2000) and design of the planned unit development, while
(Bozeman 11-01) 388
18.50.020
not necessarily complying with the exact standards of sides with a minimum six-foot opaque wall which
this chapter, will meet or exceed the intent behind architecturally matches the main building. Vehicles
these standards. (Ord. 1516(part), 2000: Ord. 1514 that are either under repair or vehicles that have been
(part),2000: Ord. 1513 § 1 (Exl1.A)(part), 2000) repaired may be stored on a temporary basis, not to
exceed seven days and designated parking bays must
18.50.020 Standards for specific uses. be provided for each vehicle awaiting repairs.
A. Purpose. The purpose of this section is to e. All lighting shall be attached to the main
further describe the standards and conditions under structure unless otherwise specifically approved.
which certain uses may be permitted as principal or f. All structures approved under this conditional
conditional uses in specific districts. use permit shall be of a design character that is ap-
B. Applicability. All uses listed in this section propriate to the area in which they are to be con-
shall be subject to the specific standards described structed. Renderings of buildings shall accompany
for each use, in addition to all other applicable stan- each application and construction shall be in confor-
dards which may apply. mitt'thereto.Architectural detailing shall be consis-
C. Specific Uses And Standards. tent on all four sides of the building.
1. Automobile Service Station.In addition to the g. All rest room entrances shall be screened from
requirements to be followed for all convenience uses view of adjacent properties or street rights-of-way by
as defined in this title and provided in Section a decorative wall or landscaping,or shall be accessed
18.50.020(C)(8) of this chapter, the following re- from the inside of the main entrance to the building.
quirements shall apply to all service station and h. No outside storage of, and no sale, Iease or
automobile uses as listed below.Compliance with all rental of trailers,trucks or similar equipment shall be
criteria listed below does not necessarily guarantee permitted except as may be specifically allowed in
approval by the city, that zone.
a. At least one frontage is to be on a major i. Parking space for each service stall in the
arterial street as designated in the Bozeman master station shall be provided.Pump islands shall not be
plan. considered as service bays. Standing areas at pump
b. Gas pump and pump island canopies are to be islands and interior circulation areas shall not be used
located not closer than ten feet to any side or rear as parking areas in calculating required parking
property line. Design of the canopy shall architec- spaces.
turally match the design of the main building. All 2. Automobile Washing Establishment, Auto-
canopies shall be connected to the roof of the main uratic.In addition to the requirements to be followed
structure unless otherwise approved. All canopy for all convenience uses,the following requirements
lighting must project downward, not upward or shall apply to all automatic auto washing establish-
outward from the structure and must be low pressure ments as listed below. Compliance with all the crite-
sodium.The maximum height of the canopy shall not ria listed below does not necessarily guarantee ap-
exceed eighteen feet. All signs must conform to the proval by the city.
sign code of the Bozeman Zoning Ordinance, a. All detergents must be biodegradable.
Chapter 18.65. b. Building surfaces shall be faced with masonry,
c. All on-site activities except those normally brick,stucco,wood or some other permanent-looking
performed at the fuel pumps are to be performed material. Corrugated metal is prohibited.
within a completely enclosed building. Paint-spray- 3. Automobile Washing Establishment, Self-
ing or body and fender work is not permitted- Serve.In addition to the requirements to be followed
d. Where towing service is to be provided, a for all conveniences uses,the following requirements
parking bay for the towing vehicle is to be provided shall apply to all self-serve automobile washing
and screened.The vehicle shall be screened on three establishments,as listed below.Compliance with all
389 (Bozeman 11-6))
18.50.020
the criteria listed below does not necessarily 6. Convenience Uses and Drive-Through/Drive-
guarantee approval by the city. In Restaurants.
a. All detergents must be biodegradable. a. Location and Size.
b. Trash and litter containers shall be emptied i. Convenience uses may be located only at
daily. In addition, the site shall be patrolled at least intersections of arterial streets as designated in the
once daily in order to remove litter. Bozeman master plan.
c. Sale of automobile accessories such as batter- ii. The site area for any convenience use shall be
ies,tires, gasoline, etc, is prohibited. a minimum of two acres, unless such convenience
d. Building surfaces shall be faced with masonry, use is planned, designated and approved by the city
brick,stucco,wood or some other permanent-looking to be developed in conjunction with an approved site
material. Corrugated metal is prohibited. plan for one or more additional uses and buildings.
e. Canopies are to be located not closer than ten b. Architectural Guidelines.
feet to any side or rear property line. Design of the i. All convenience uses shall be designed in an
canopy shall architecturally match the design of the architectural and design character that is appropriate
main building. All canopy lighting shall project for and compatible with the area.
downward, not upward or outward from the struc- ii. Use of standardized corporate identification
ture. The maximum height of the canopy shall not themes integrated into the architectural design shall
exceed eighteen feet.All signs must conform to the be regulated by the city commission. Excessive use
sign code of the Bozeman Zoning Ordinance, of such themes may be used as grounds for denial of
Chapter 18.65. the project.
d. Automotive Repair Facilities. iii. When located in shopping centers,the archi-
a. All repairs shall be performed within a build- tectural character of the building shall be integrated
ing. with the design theme of the center through the use
b. No site plan shall be approved which exposes of the same building materials, shapes and details.
unassembled vehicles, auto repair activities or auto The effect of color in creating a design character that
parts to any street or residential district, is appropriate for and compatible with the area will
c. All vehicles awaiting repair shall be screened be considered. All parking, circulation, driveways,
from view by a masonry or wood wall or approved setbacks and signage shall be integrated with the
landscape screen. entire design theme of the project.
5. Cemeteries. iv. The elevation design of the building shall
a. Total site area, including business office and provide design character and detailing on all four
storage building, shall be a minimum of forty acres, sides.
of which at least ten acres shall be subdivided and c. Noise.
developed in the initial plot. Noise from drive-through speakers shall not be
b. The cemetery may include accessory uses audible from adjacent,residential districts.
such as a chapel,a mortuary,an office,a mausoleum, 7. Mini-Warehouses.
and those industrial uses which are incidental to the a. Minimum site size shall be one acre.
operation of a cemetery.Industrial uses may include b. On-Site Circulation,Drives and Parking.
such things as the manufacture of burial vaults and i. Each mini-warehouse site shall provide a
headstone foundations, provided all of the products minimum of two exits,
are used on the site and are not offered for sale and ii. All one-way driveways shall provide for one
use elsewhere.The cemetery shall not include uses of ten-foot parking lane and one twelve-foot travel
an industrial nature other than those stated in this lane. Traffic direction and parking shall be desig-
section. nated by signing or painting.
(Bozeman 11-01) ;90
18.50.020
iii. All two-way driveways shall provide for one privately owned property.Dwelling units,accessory
ten-foot parking lane and two ten-foot travel lanes. structures incidental to dwelling units, and irrigated
iv. The parking lanes maybe eliminated when the pasturage may occur within the one hundred foot
driveway does not serve storage cubicles. setback area subject to the setback requirements of
8. Outdoor Sales and Display. the applicable zoning district.
a. Merchandise which is offered for direct sale, d. There shall be a forty-foot yard adjacent to
rental or lease to the ultimate consumer or user may any street.
be displayed beyond the confines of a building in any e. There shall be no shows or other activities
commercial district, but the area occupied by such which would generate more traffic than is normal to a
outdoor display shall not constitute a greater number residential area, unless the proposed site has direct
of square feet than ten percent of the ground floor access from an arterial street as set forth in the
area of the building housing the principal use,unless Bozeman Master flan. Permission for such shows
such merchandise is a type customarily displayed and activities shall be obtained from the city. Noti-
outdoors such as automobiles and garden supplies.In fication shall be provided in a letter that explains the
such cases,the maximum area for outdoor sales and nature and duration of the activity,and accommoda-
display shall not exceed fifty percent of the total lot tions for spectators, traffic control and additional
area. parking for cars and trailers.This letter shall be sub-
b. Outdoor sales and display areas shall not be mitted to the clerk of the commission at least one
located in any required yard. month prior to the date of the show or activity.
9. Recreational Vehicle Park and Overnight f. All pasture and animal storage areas shall be
Campground. enclosed with fences or walls of a minimum of four
a. Recreational vehicle parks shall be screened feet six inches in height. The design of these enclo-
from view of any residential development. sures shall be shown on drawings submitted with the
b. Internal circulation roads shall be paved with a conditional use application.
concrete or asphaltic concrete surface. g. All laws applicable to the public health and
c. Individual recreational vehicle parking pads appropriate care of animals must be complied with
shall be plainly marked and maintained with a dust- for the entire period of operation-of the stable.
free surface. h. All activity, and pasture areas that are not
d. Individual recreational vehicle parking pads grassed shall be treated for dust control as approved
shall be set back at least thirty feet from the perime- by the planning director.
ter of the park and thirty feet from any public street i- Adequate parking for daily activities shall be
right-of-way. shown on the site plan and improved to city parking
e. Approved trash disposal and bathroom and standards. Additional parking, improved as deter-
laundry facilities, including facilities for the handi- mined by the planning director,shall be provided for
capped,shal I be provided for use of overnight camp- shows or other special events.
ers. 11. Tennis and Racquet Club.
I0. Stable, Commercial. a. The use will be compatible with any adjacent
a. The minimum property size shall be ten acres. neighborhood and will not be detrimental to the same
b. The proposed site shall not be adjacent to sub- due to:
divided single-household residential property unless i. Increased automobile traffic;
that residential property contains an equestrian case- ii. Noise generated from within the site.
ment along the contiguous boundary. b. The minimum property size shall be three
c. Structures or facilities used for stabling,stor- acres.
ing,showing or training of animals shall be set back c. If outdoor courts are lighted, lighting shall be
a minimum of one hundred feet from any adjacent placed and shielded so as not to be detrimental to
391 (Bozeman I1-01)
18.50.020
adjoining properties, shall shine down on the courts b. In addition to the parking required for the
and not up or out. principal residence, one paved off-street parking
d. Fencing of outdoor courts shall not exceed space is provided for the exclusive use of the acces-
sixteen feet in height and may be required to be sory dwelling unit;
opaque by the design review board. c. The occupancy of the accessory dwelling unit
e. There shall be no shows,tournaments or other does not exceed two persons;
activity which would generate more traffic than is d. Garages shall not be converted for use as
normal to a residential area,unless access is provided accessory dwelling units.However,accessory dwell-
from an arterial street as set forth in the Bozeman ing units shall be permitted to be placed above
area master plan. If access is not provided from an garages;
arterial street, permission for such shows and e. No permit for an accessory dwelling unit shall
activities shall be obtained from the city commission. be granted for a principal dwelling that is not at least
Permission shall be requested in a letter with a site five years old;
sketch that explains the nature and duration of the f. In no case shall an accessory dwelling unit be
activity and accommodations for spectators, addi- larger than one thousand square feet;
tional parking and traffic control.This letter shall be g. Only one accessory dwelling unit may be
submitted to the clerk of the commission for city created per lot;
commission consideration. h. If the accessory dwelling unit is a part of the
f. There shall be a landscaped fifty foot buffer principal dwelling unit, the accessory dwelling unit
strip adjacent to any residential zoning district,or as shall be clearly incidental to the principal dwelling
otherwise determined by the design review board. unit and shall meet the following criteria:
g. Hours of operation may be controlled by the i. The accessory dwelling unit is created only in
city commission. a single-household detached dwelling unit on a lot of
h. Perimeter fencing of the site may be required six thousand square feet or more,
by the design review board. ii. The accessory dwelling unit does not exceed
12. Accessory Dwelling Units. An owner or the one-third of the total area of the principal structure,
owners of real property may establish and maintain iii. The accessory dwelling unit is created only
an accessory dwelling unit within the principal through internal conversion of the principal structure
structure of a detached dwelling unit, or above a or constructed above a garage. Minor exterior
garage,in the R-S,R-1,R-2,or R-2a districts if all of changes may be made on the building, however, if
the following conditions are met and continue to be the square footage added constitutes no more than
met during the life of the accessory dwelling unit: five percent of the principal structure's existing
a. The detached dwelling unit within which the living area(exclusive of the garage),
accessory dwelling unit is Iocated, or the accessory iv. Second story additions on detached garages
dwelling unit itself, is actually and physically occu- shall be approved only if found compatible and
pied as a principal residence by at least one owner of consistent with the existing character and fabric of
record who possesses at least an estate for life or a the neighborhood,
fifty percent fee simple ownership interest. No more v. Ifthe entrance for the accessory dwelling unit
than one of the dwellings, either the principal is separate from the entrance of the principal struc-
dwelling or the accessory dwelling,may be rented by ture,the entrance shall only be located in the rear or
nonowners at the same time. A binding deed side yards.
restriction or covenant enforcing the single rental i. The applicant shall comply with city building
restriction may be required as a condition of department standards.
approval; 13. Portable Carry-Out Food and Beverage
Buildings.
(Bozeman 11-01) 392
18.50.030
a. A ten thousand dollar site bound must be days written notice of such revocation or termination,
secured on the property; evidence of liability except that the city may, at it election, revoke or
insurance,with coverage of one million dollars per terminate the permit at any time without giving any
occurrence,shall be furnished by the owner. notice if the owner fails to comply with or abide by
b. Electrical service must be installed each and all of the terms and conditions of the
underground,below frost line in compliance with all permit.
electrical service codes, subject to approval by the h. Portable food and beverage buildings as
building official. described herein shall not be subject to certificate of
c. Structures shall not exceed eighty square feet appropriateness requirements for entry corridors or
in size. All structure must be on an improved asphalt conservation overlay districts. (Ord. 1516 (part),
or concrete surface, must be anchored below frost 2000:Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A)
line, be placed upon approved footings, and have a (part),2000)
fully electrically bonded frame. No structure shall
have an axle. Enclosed trailers must remove the axle, 18.50.030 Use of lands, buildings and
be placed on an approved footing, secured below structures.
frost level, with all related supports cosmetically A. Only Uses Specifically Identified by This Title
covered with an approved material. to be Built. No building or structure or part thereof
d. Not more than one portable structure may be shall be erected, altered, or enlarged for a use, nor
placed on a zone lot (individual property or shall any existing building,structure,or part thereof,
contiguous properties held in common ownership), or land, be used for a purpose or in a manner that is
Portable structures shall be placed in a planner so as not in conformity with the uses listed as permitted
not to interfere with normal vehicle and pedestrian uses for the zone in which such buildings, structure,
circulation patterns or required emergency access. or Iand is situated. In addition, any land, building or
Nor shall such structures be placed in a manner that structure to be erected or used for a purpose listed as
eliminates or interferes with the use of required a conditional use in such zone shall first receive
parking spaces. approval from the city commission. Existing
e. Request for special temporary use permits nonconforming uses and structures shall be governed
shall be subject to review and must be approved by by Chapter 18.48.
the appropriate city department representatives, B. Building Location on Lot.No building,or part
including but not limited to city engineer, fire thereof, or structure shall be erected, nor shall any
marshal, building official, and planning director. existing building be altered, enlarged, or rebuilt or
Permit coordination and final issuance shall be by the moved into any zone, nor shall any open space be
planning director. A special temporary use permit encroached upon or reduced in any manner,except in
for portable cant'-out food and beverage buildings conformity to the yard and setback regulations
shall be valid for a period of one year, and may be designed for the zone in which such building or open
renewed annually thereafter only if all regulations space is located,except as otherwise specified in this
and requirements are strictly complied with on a title.
continuing basis. C. Recreational Vehicle Parking on Residential
f. Operations shall be subject to all licensing Lot.No person shall park or occupy any recreational
requirements of the Gallatin City-County health vehicle or mobile home on the premises of any
board. Documentation of such licensing,including a occupied dwelling or on any lot which is not a part of
copy of plans for water supply and disposal shall be the premises of any occupied dwelling, either of
provided to the planning director prior to permitting. which is situated outside of any approved mobile
g. The city reserves the right to revoke or home park or mobile home subdivision except that:
terminate this permit at any time by giving thirty 1. The parking of only one unoccupied recce
393 (Bozeman 11-01)
18.50.030
ational vehicle in any accessory private garage, or in department and the Montana Department of Health
a rear yard in any district is permitted, providing no and Environmental Sciences when applicable, prior
living quarters shall be maintained or any business to issuance of any building permit for the
practiced in the recreational vehicle while such development;
recreational vehicle is so parked or stored; and d. Building permits maybe issued incrementally,
2. In the event of hardship, temporary use per- dependent upon the status of installation of the
mits may be granted for occupying such recreational infrastructure improvements. All building
vehicle or mobile home, construction within the PUD or TND shall cease until
D. Water and Sewer System Requirements. required phases of infrastructure improvements as
1. Whenever any building lots and/or building described in the PUD or TND have been completed,
sites are created inside the city limits,and prior to the and inspected and accepted by the city of Bozeman;
issuance of any building permits on such lots or sites, e. the property owner shall provide and maintain
public central water distribution and public central fire hazard and liability insurance which shall name
sanitary sewer collection systems shall be provided to the city as an additional insured and such issuance
the site. Each building site must utilize and be shall not be cancelled without at least forty-five days
connected to both the public central water prior notice to the city. The property owner shall
distribution and public central sanitary sewer collec- furnish evidence, satisfactory to the city, of all such
tion systems. policies and the effective dates thereof;
2. These improvements shall be designed, con- f. The property owner recognizes,
structed and installed according to the standards and acknowledges,and assumes the increased risk of loss
criteria as adopted by the city and approved by both because certain public services do not exist at the
the city engineer and water superintendent prior to site;
the issuance of any building permits. g. The property owner shall enter into an
3. When municipal water distribution and agreement with the city which provides for
municipal sanitary sewer collection systems are predetermined infrastructure funding options;
being provided to serve a development proposal h. No occupancy of any structures or
occurring under the provisions of Chapter 18.54, commencement of any use constructed or proposed
Planned Unit Development (PUD), or under within the boundaries of the PUD or TND will be
provisions established for Traditional Neighborhood allowed until required infrastructure improvements
Development (TND), the issuance of a building have been completed,and inspected and accepted by
permit may be allowed prior to completion of the the city of Bozeman, and a certificate of occupancy
public infrastructure,provided the following criteria has been issued;
are met: i. The property owner shall enter into an
a. the subject property shall be developed under agreement with the city to address the provision of
the provisions of Chapter 18.54, Planned Unit any services on an interim basis during construction,
Development, or under provisions established for if deemed appropriate;
traditional neighborhood development; j. The property owner shall execute a hold
b. The property owners involved must enter into harmless and indemnification agreement
an improvements agreement, to be secured by a indemnifying, defending,and holding harmless the
financial guarantee in an amount to be determined by city,its employees,agents and assigns from and
the city,with said guarantee to be in the name of the against any and all liabilities, loss,claims, causes
city of Bozeman; of action,judgments, and damages resulting from
c. Approval of the final engineering design, or arising out of the issuance of a building permit
including location and grade, for the infrastructure under this section; and
project must be obtained from the city engineering
(Bozeman 11-01) 394
18.50,035
k. the property owner shall pay for any enlarged or modified as directed by the director of
extraordinary costs associated with the project which public service to restrict the off-site runoff,subject to
the city may identify, including, but not limited to, city subdivision requirements for storm water runoff
additional staff hours to oversee the planning, control and the city's stormwater drainage
engineering and construction of the project and requirements.
infrastructure improvements, inspection of the C. Outdoor Storage.
infrastructure improvements and any extraordinary 1. All materials, supplies,merchandise or other
administrative costs. similar matter not on display for direct sale,rental or
4. Notwithstanding the provisions of subsection lease to the ultimate consumer or user shall be stored
(13)(3) of this Section, the city may limit the scope, within the confines of a one hundred percent opaque
type, and number of projects eligible for wall or fence not less than six feet tall.
simultaneous construction consideration.(Ord. 1532 2. No storage of any type shall be permitted
§ 1,2001;Ord. 1516 (part),2000: Ord. 1514 (part), within any required yard.
2000: Ord. 1513 § 1 (Exb.A)(part), 2000) 3. All areas designated for vehicle and equip-
ment storage shall be screened from view from the
18.50.035 Miscellaneous requirements. street and adjacent properties as per Section
A. Glare and Lighting. 18.50.035(C)(1). Vehicle and equipment storage
1. Deflection. Any lighting„ including that for areas shall not be subject to parking lot paving or
security purposes, used to illuminate an off-street landscape requirements, but shall be subject to
parking area, sign or other structure, shall be drainage detention requirements and appropriate dust
arranged so as to deflect light down and/or away control requirements.
from any adjoining properties and shall not detract D. Trash and Garbage Incineration--Enclosures.
from driver visibility on adjacent streets. Luminaries 1. Incineration.No exterior incineration of trash
and lenses shall not protrude below the edge of the or garbage is permissible,
light fixture. 2. Trash Enclosures.A permanent enclosure for
2. In addition, all lighting (except for security temporary storage of garbage,refuse and other waste
purposes) shall be turned off between eleven p.m. materials shall be provided for every use,other than
and six a.m. Exceptions will be granted to those single-household dwellings,duplexes,or individually
businesses which are operating during these hours. owned townhouse or condominium units, in every
3. Light Standards. Lighting standards used to zoning district, except where a property is entirely
illuminate off-street parking areas shall not exceed surrounded by screen walls or buildings.Trash enclo-
twenty feet or the height of the tallest building on the sures shall be constructed so that contents are not
lot,whichever is lower, Light standards and fixtures visible from a height of five feet above grade from
shall be compatible with the site design and any abutting street or property.Trash enclosures shall
architecture. comply with the following regulations:
4. The installation or erection of any lighting a. Location.Trash enclosures,surrounding stan-
which may be confused with warning signals, dard steel bins (dumpsters), shall be located on the
emergency signals, or traffic signals shall not be site for convenient pickup service, and the location
permitted. shall be shown on required site plans. Trash enclo-
5. All new and replacement lighting fixtures, sures shall not be located in required front yards,and
including those installed in conjunction with existing shall be situated so that containers can be pulled
development,shall comply with the requirements of straight out of the enclosure or so the sanitation truck
this section. can back straight into it. The location of all trash
B. Surface Water Ponding.Natural ponding areas enclosures shall be subject to review and approval by
shall be retained as much as possible or,if necessary, the city streets and sanitation department,
395 (kioaeman 11-01)
19.50.035
b. Construction.Trash enclosures shall be con- G. Water Quality, Hazardous Wastes and
structed of solid or ornamental pierced masonry Wastewater.Discharge of hazardous waste,chemi-
walls or other appropriate materials, with a solid cals and wastewater will be subject to Montana
concrete floor sloped for drainage and maintenance Department of Health and Environmental Science
of sanitary conditions. Enclosures shall be archi- standards.But in no case shall any hazardous waste
tecturally compatible with the principle structure, chemicals or wastewater be discharged into any
Enclosures shall be of sufficient height to conceal perennial stream within the city.
contents, including containers, but in no case shall H. Odors and Toxic Gases.
be less than four feet in height above grade. 1. The emission of odors shall be controlled
E. Smoke, Dust and Other Particulate Matter. such that objectionable or offensive odors are not
The emission of smoke,from any point source shall perceptible beyond a distance of fifty feet past the
not exceed a density greater than that described in property lines of the use creating the odors.
Number 2 ring of the Ringelmann Chart as pub- 2. No toxic, noxious, or corrosive fumes or
lished by the U.S. Bureau of Mines. Dirt, dust, fly gases shall be emitted beyond the property lines of
ash and other forms of particulate matter shall not the use creating such fumes or gases.
be emitted beyond the property lines of the use 1. Noise.
creating the particulate matter. 1. Measured Noise Levels.The maximum
F. Bulk Storage (Liquid). All uses associated noise level radiated in each standard octave band
with bulk storage of all gasoline, liquid fertilizer, by any use or facility(other than transportation
chemicals,flammable and similar liquids shall com- facilities or temporary construction work),mea-
ply with Uniform Building and Fire Code require- sured at the site property line, shall not exceed the
ments and any applicable county regulations. values shown in the following tables:
Octave Band Range in Cycles per Second Sound Pressure Level in Decibels rep.002 dynelcm2
Below 75 72
75-150 67
151-300 59
301--600 52
601-1200 46
1201-2400 40
2401-4800 34
Above 4800 32
2, Discontinuous Noises.lfthe noise is not smooth and continuous,and is not radiated between the hours of ten
p.m.and seven a.m.,one or more corrections shall be applied to the above octave-nand levels as follows:
Type of Location of Operation or Character of Noise Correction in Decibels
Daytime operation only +5
Noise source operating less than:
20% of any one hour period +5
5%of any one hour period +10
(only one of these
corrections may be applied)
Noise of impulsive character, i.e.hammering -5
Noise of periodic character, i.e., humming or screeching -5
(Bozeman 11-0E) 396
18.50.035
3. Method of Measurement.Sound pressure level O. Fissionable,Radioactivity or Electromagnetic
shall be measured with a sound level meter and Disturbance_ No activities shall be permitted which
associated octave band analyzer conforming to stan- utilize fissionable or radioactive materials if, at any
dards prescribed by the American Standards Associa- time, their use results in the release or emission of
tion as established in Pamphlets Nos. 224.3 and any fissionable or radioactive material into the atmo-
224.10 published in 1944 and 1953, respectively, sphere,ground or sewerage system.No activities or
which standards are herein adopted by reference as a devices shall be permitted which at any time emit
part of this section. radio-frequency energy affecting any activity or the
J. Vibrations. No ground vibrations, except for operation of any equipment beyond the site property
those only perceptible with the use of instruments, line. Radio-frequency energy shall be considered as
shall be permitted beyond the property lines of the being electro-magnetic energy at any frequency in
use generating the ground vibrations. the radio spectrum between ten kilo-cycles and three
K. Electrical Disturbance. No activity shall be million mega-cycles.
permitted which causes electrical disturbances af- P. Swimming Pools—Location and Enclosures.
fecting the operation of any equipment located be- No public or private swimming pool in any district
yond the property line of the activity. This section shall be located in any required front yard;however,
does not apply to uses which are regulated by and are if not more than six feet in height, such use may be
in compliance with federal agencies or law. located in any required side or rear yard.In addition,
L. Glare and Heat. Any use producing intense all swimming pools shall be enclosed in an area with
glare or heat shall be conducted so that the glare is a fence or wall not less than forty-two inches in
effectively screened from view at any point on the lot height, and no opening therein, other than doors or
Iine of the lot in which the use is located. Any heat gates, larger than four inches in any direction. A
will be dissipated so that it is not perceptible without structure of any type may be used as part of such
instruments at any point on the lot line of the lot on enclosure.All gates and doors securely closed at all
which the use is located. times when not in actual use,except that the door of
M. Fire and Explosive Hazards.Any use or activi- any dwelling which forms a part of the enclosure for
ty involving the use or storage of combustible, private residential pools need not be so equipped.
flammable or explosive materials shall be in compli- The building official may make modifications in
ance with the Uniform Fire Code as adopted by the individual cases,upon a showing of good cause,with
city. Burning of waste materials in open fires is respect to the height,nature or location of the fence,
prohibited. wall, gates or latches, or the necessity thereof,
N. Liquid or Solid Waste. No materials, com- provided the protection as sought hereunder is not
pounds or chemicals, which can contaminate any reduced thereby.
water supply, interfere with bacterial processes in Q. Bicycle Lanes Required.Wherever new streets
sewage treatment or otherwise cause emissions of or roads are to be developed as a result of a develop-
elements which are offensive or hazardous to the ment proposal, or wherever existing streets or roads
public health, safety, welfare or comfort shall be are required to be improved, and upon a recommen-
discharged at any point into any public sewer,private dation from the Bozeman bicycle advisory board
sewage disposal system or stream or into the ground, (BBAB), the developer may be required to incor-
except in accordance with the code of the city and the porate striped bicycle lanes along the shoulder
standards approved by the Montana State Department meeting current AASHTO standards into the design
of Health and Environmental Science or such and construction or improvement of the streets or
governmental agency as may have jurisdiction over roads.
such activities. R. Bicycle Racks Required. All development
subject to minor or major site plan review as per
396-1 (Bozeman 11-01)
18.50.040-18.50.060
Chapter 18.52 shall provide adequate bicycle parking district shall exceed the height of the principal
facilities to accommodate bicycle-riding residents building unless such accessory building has been
and/or employees and customers of the proposed otherwise approved as per this title,
development. Bicycle parking facilities will be in F. Detached Structures Setback Requirements.
conformance with standards recommended by the 1. A detached structure such as a garage shall
Bozeman area bicycle advisory board. (Ord. 1516 meet the setback requirements of the main building,
(part), 2000: Ord, 1514 (part), 2000: Ord. 1513 § 1 except that garages may be located ten feet from rear
(Exh,A)(part), 2000) property lines in districts where rear yard setback
requirements exceed ten feet for principal structures.
1850.040 Dwelling unit restrictions. 2. Detached accessory structures such as storage
A. No Use of Unfinished Structures. No cellar, sheds not larger than one hundred twenty square feet
garage, tent, tepee, basement with unfinished struc- in area,playhouses,garbage enclosures,etc.shall not
ture above,accessory building vehicle,or any mobile be located in any required front or side yard,but may
home or recreational vehicle outside of an approved be located one foot from property lines in required
mobile home or recreational vehicle development rear yards. These limitations shall not apply to such
shall at any time be used as a dwelling unit, unless features as lawn ornaments, bird feeders, utility
approved for use as a temporary dwelling unit due to service boxes or mailboxes.
a demonstrated hardship. 3. A detached structure wall shall maintain a
B. Use of Basements.The basement portion of a minimum of six feet separation from the main struc-
finished home shall be properly dampproofed and ture wall.
have natural Iighting, heating, ventilation, suitable G. Percentage of Yard Coverage. Accessory
fire protection and exits if used for living purposes. structures may occupy not more than twenty-five
(Ord. 1516(part),2000:Ord. 1514(part),2000:Ord. percent of any required rear yard. (Ord. 1516(part),
1513 § 1 (Exh.A) (part), 2000) 2000:Ord. 1514(part),2000:Ord, 1513§ 1 (Exh.A)
(part), 2000)
18.50.050 Accessory buildings, uses and
equipment. 18.50.060 Yard and height encroachments,
A. Accessory Buildings as Principal Building.An limitations and exceptions.
accessory building shall be considered an integral A. Permitted Encroachments Into Yards, The
part of the principal building if it is connected to the following shall be permitted encroachments into
principal building by a common wall, required yards, subject to any and all applicable
B. Accessory Buildings Not Permitted In Front Uniform Building Code requirements:
Yards.Accessory buildings,uses,or equipment shall 1. Architectural features, which do not add
not be stored or constructed between the front lot line usable area to a structure, such as chimneys, bal-
and required front building line, conies, stairways, wing walls, bay windows, sills,
C. Height of Accessory Buildings. Accessory pilasters, lintels, cornices, eaves, gutters, awnings,
buildings and garages in residential districts shall not and steps,provided such architectural features do not
exceed the height of the principal structure and shall extend more than five feet into any required front or
not be located within a utility easement. rear yard;
D. Accessory Buildings in Rear.Accessory build- 2. Architectural features, which do not add
Ings in any business or industrial district may be usable area to a structure, such as chimneys, bal-
located only to the rear of the front line of the prin- conies, stairways, wing walls, bay windows, sills,
cipal building, pilasters, lintels, cornices, eaves, gutters, awnings,
E. Accessory Building Height. No accessory and steps,provided such architectural features do not
building in any residential, business or industrial
(Bowman 11-01) 396-2
18.50.060
extend more than two and one-half feet into any re- or other similar improvements shall be located closer
quired side yard; than thirty-five feet to the mean high water mark of a
3. Terraces and patios, uncovered decks and watercourse as defined in this title. For the purpose
stoops, or similar features, provided that such fea- of this section,the mean high water mark shall be de-
tures shall not extend above the height of the ground fined as the line which the water impresses on the
floor level of the principal structure nor more than soil by covering it for sufficient periods to deprive it
five feet into any required front or rear yard or two of vegetation.A minimum of five feet of the required
feet into any required side yard; thirty-five foot setback immediately adjacent to the
4. Porches,covered terraces,and covered decks, watercourse shall be left in a natural vegetative state.
provided such features shall not occupy more than E. Height Limitation Exceptions.
one-third of the length of the building wall,excluding 1. Non-Specific Exemptions. No building, or
the length of the garage if applicable, and shall not part thereof,or structure shall be erected,reconstruct-
extend more than five feet into any required front or ed,or structurally altered to exceed in height the Iimit
rear yard or two feet into any required side yard; herein designated for the district in which such
5. Fire escapes may be permitted in required side building is located,except as is specified in Chapter
or rear yards only; 18.56, or as specifically authorized by the city
6. Wheelchair ramps may encroach into any re- commission as an approved condition of a planned
quired yard,but shall not be located closer than three unit development. Such approved conditions must
feet from any property line;and include the recommendations of the city fire marshal.
7. Flagpoles,omamental features,trees,shrubs, 2. Specific Exemptions.
walkways, nameplate signs,and floodlights or other a. Height limitations shall not apply to church
sources of illumination provided the direct source of spires, belfries, cupolas and domes; monuments;
light is not visible from the public right-of-way or chimneys and smokestacks; flag poles; public and
adjacent residential property. private utility facilities;transmission towers of com-
B. Zero Lot Line Conditions.Where an individu- mercial and private radio-broadcasting stations;
al owns two adjoining lots or where the owners of television antennae, excluding, however, any such
two adjoining lots make legal written agreement a facility regulated by Chapter 18.57;parapet wails ex-
zero lot line concept may be used for single- tending no more than four feet above the limiting
household dwelling unit developments. This may height of the building except as hereinafter provided;
result in the creation of a two-household residential and solar energy collectors and equipment used for
structure, only in districts permitting such structure, the mounting or operation of such collectors..
or the creation of townhouse clusters in districts b. Places of public assembly in churches,schools
permitting such structure. In all cases a minimum and other permitted public and semi-public buildings
ten-foot side yard shall be maintained adjacent to the may exceed height limitations otherwise established
exterior side,or nonzero lot line side,of the structure. by this title; provided that these are located on the
C. Special Yard Setbacks. ground floor of such buildings and provided that for
1. The corner side yard for any corner lot not each one foot by which the height of such building
located on an arterial street may be fifteen feet, exceeds the maximum height otherwise permitted in
except when the vehicular access to a garage is the district, its side and rear yards shall be increased
located on that street frontage, in width or depth by an additional foot over the side
2. A twenty-five foot comer, side or front yard and rear yards required in the district.
shall be provided on all arterials designated on the c. Elevator and stair penthouses, water tanks,
Bozeman area master plan. monitors and scenery lofts are exempt from height
D. Watercourse Setbacks.No newly constructed limitations otherwise established in this title; pro-
structure,addition to an existing structure,parking lot vided that no linear dimension of any such structure
396-3 (Bozeman 11-01)
18.50.070--18.50.080
exceed fifty percent of the corresponding street front- commence proper proceedings for the abatement
age line. thereof.
d. Towers and monuments, cooling towers, gas 2. Barbed Wire and Electric Fences.
holders or other structures,where the manufacturing a. No barbed wire or similar sharp fencing or
process requires a greater height,and grain elevators electric fences shall be permitted,except in A-S and
and silos are exempt from this title;provided that any R-S districts;except that barbed wire or other similar
structure above the height otherwise permitted in the sharp fencing materials may be used on the top of
district shall occupy no more than twenty-five security fences in M-1 and M-2 districts.
percent of the area of the lot and shall be at least b. When electrically charged fences are used in
twenty-five feet from every lot line. (Ord. 1516 an A-S district or R-S district, such fences shall be
(part), 2000: Ord. 1514(part), 2000: Ord. 1513 § I posted with warning signs at intervals not to exceed
(Exh.A) (part),2000) one hundred fifty feet where such fences are adjacent
to public rights-of-way.
18.50.070 Fences,walls and hedges. 3. Measuring Fence and Wall Height.In case of
A. Location. Except as provided in Section a fence erected on top of a retaining wall,the height
18.50.080, fences, walls and hedges, in any district shall be measured from the grade of the high side of
may be located on lot lines provided such fences, the wall.
walls and hedges do not exceed eight feet in height. D. Fences and Walls in All Districts—"Finished"
Fences exceeding eight feet in height shall be subject Side Out.Any fence or wall constructed so as to have
to the minimum yard requirements of the district in only one elevation"finished,"which shall be defined
which such fences are located.However,no fences, as not having its supporting members significantly
walls or hedges shall exceed four feet in any corner visible,shall be erected such that the finished eleva-
side yard or front yard,as defined in this title.Fences tion of the fence is exposed to the adjacent property.
used in an agricultural pursuit to retain stock animals E. Fencing of Utilities and Outdoor Storage
shall be excepted. Areas.
B. Relation to Linear Parks.Fences located in the 1. All utility substations,wells,storage facilities,
rear yard setback of properties adjoining any or other utilities shall be screened from view by a
Bozeman linear park shall have a maximum height of wall,fence,hedge or landscape screen.
four feet. 2. All storage for commercial operations shall be
C. Construction,Maintenance and Height Mea- conducted within a completed enclosed building or
surement. within an area completely enclosed,except for access
1. Construction and Maintenance.Every fence or points,by a wall,fence,hedge or landscape screen at
wall shall be constructed in a substantial, workman- least six feet in height.(Ord. 1516(part),2000:Ord.
like manner and of substantial material reasonably 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
suited for the purpose for which the fence or wall is 2000)
proposed to be used. Every fence or wall shall be
maintained in a condition of reasonable repair and 18.50.080 Street vision triangle.
shall not be allowed to become and remain in a A. Arterial Streets. On corner lots on arterial
condition of disrepair, damage, or unsightliness, or streets in all districts, no fence, wall or planting in
constitute a nuisance, public or private. Any such excess of thirty inches above the street centerline
fence or wall which is, or has become, dangerous to grade shall be permitted within a triangular area
the public safety, health or welfare, or has become defined as follows: beginning at the intersection of
unsightly through improper maintenance or neglect is the projected curblines of the two intersection streets,
a public nuisance and the building inspector shall thence fifty feet along one curbline,thence diagonal
(Bozeman 1 1-01) 396.4
18.50.100
ly to the point fifty feet from the bottom of beginning Chapter 18.54,Planned Unit Development(PUD),or
on the other curblines,then to the point of beginning. under provisions established for traditional
B. Collector and Local Streets.On comer lots,on neighborhood development,the issuance of building
collector and local streets,all districts,no fence,wall permits may be allowed prior to completion of the
or planting in excess of thirty inches above the street public streets,pursuant to the provisions established
centerline grades shall be permitted within a for municipal water and sanitary sewer in Section
triangular area defined as follows: beginning at the 18.50.030.D.3 and 18.50.030.D.4.
intersection of the projected curblines of two inter- B. Drive Access From Improved Public Street or
setting streets,thence forty feet along one curbline, Alley Required.
thence diagonally to a point forty feet from the point 1. Except as otherwise allowed or required by
of beginning on the other curbline, then to the point this title,primary drive access to buildings on all lots
of beginning. shall be provided from the abutting improved public
C. Driveways and Alleys.At the intersection of street or alley.
each driveway or alley with a street,a triangular area 2. For purposes of this code, "improved public
where corners are defined by two points on the right- street or alley"means and includes:
of-way line,fifteen feet on each side of the centerline a. Any street or alley within the city constructed
of the driveway or alley and a point on centerline ten to a standard which meets or exceeds standards
feet outside the right-of-way. established by the city engineering department,
D. Provision for Trees in Street Vision Triangle. b. Constructed public streets which may not meet
1. Single-stem canopy trees may be permitted in current city or county standards but which are
street vision triangles as described in this section, constructed to a standard which has historically
provided that mature trees do not significantly affect provided an adequate level of service to adjacent
safe driving conditions and are maintained such that properties, which level of service would not be
no canopy foliage exists below a height of ten feet degraded as a result of a pending development pro-
above centerline of intersecting streets. posal.
2. Trees which are located in the street vision C. Drive Access Requirements.
triangle and which preexisted the adoption of this 1. Drive accesses,tatting primary access from an
title may be allowed to remain,provided the trees are improved public street as defined above,are required
trimmed such that no limbs or foliage exist below a for commercial parking lots and parking lots for
height of ten feet above centerline grades of residential developments of four or more dwelling
intersecting streets. (Ord. 1516 (part), 2000: Ord. units. Parking lots for residential developments of
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), three or fewer dwelling units may take primary
2000) access from an improved public street or improved
public alley as defined in subsection (13)(2) of this
18.50.100 Property frontage and drive access section with access provided according to the provi-
standards. sions of Section 18.50.120(B)(5).
A. Public Street Frontage Required. Except as 2_ All drive accesses installed,altered,changed,
otherwise allowed or required by this title, no lot replaced or extended after the effective date of the
shall be created unless such lot abuts for at least ordinance codified in this chapter shall comply with
twenty-five feet on a public street,and every building the following requirements:
hereafter erected or moved shall be on a lot adjacent a. Residential drive access openings shall Ion-
to an improved public street,with at least twenty-five form to the following criteria:
feet of frontage as described above. i. Single-household drive access openings shall
Exception. When construction and funding of not exceed twenty-four feet in width measured at the
public streets are occurring under the provisions of right-of-way line and thirty feet in width measured at
396-5 (Bozeman 11-01)
18.50.100
the curbline. All residential complexes for fewer c. Drive accesses for all multiple tenant com-
than four households are considered single-household mercial buildings or complexes/centers,or industrial
residences for the purpose of this section. drive accesses shall be set back a minimum of fifteen
ii. Residential complexes with four or more feet from the adjacent property line unless such drive
dwelling units shall be considered commercial(non- access is approved as a shared drive access;
residential) establishments for the purpose of this d. Drive accesses to drive-in theaters,stadiums,
section, except that separated parking facilities for racetracks, funeral homes, or uses generating very
individual townhouse units shall be considered the heavy periodic traffic conflicts shall be located not
same as single-household parking facilities. closer than two hundred feet to any pedestrian or
b. Nonresidential drive access openings shall vehicular entrance or exit to a school, college, uni-
conform to the following criteria: versity,church,hospital,public emergency shelter or
i. Commercial drive access widths shall be a other place of public assembly;
maximum of thirty-five feet measured at the inside e. All commercial and industrial drive accesses
edge of the drive access extended,at its intersection on arterial streets shall have fifteen-foot return radii
with the projected curbline of the intersecting street. unless otherwise approved by the director of public
Two-way drive access shall be a minimum of twenty- service. All commercial and industrial drive accesses
four feet and one-way drive access shall be a mini- on other streets may have either return radii or de-
mum of sixteen feet; pressed curbs. The minimum radius allowed is four
ii. Industrial drive access widths shall be a maxi- feet.
mum of forty feet measured at the inside edge of the D. Distance from Intersection. Driveway access
drive access extended, at its intersection with the distance from street intersections shall be subject to
projected curbline of the intersecting street. Two- the following minimum dimensions,unless otherwise
way drive accesses shall be a minimum of twenty- approved by the director of public service as part of
four feet and one-way drive accesses shall be a mini- an approved site plan.
mum of sixteen feet;
Driveway Access Driveway Access
Located on Collector Streets Located on Arterial
Streets
Distances from Distances from
Intersection Intersection
Nearest In Res.Dist. In CommJ Ind. In Res.Dist. In CommJ Ind.Dist.
Intersecting Dist.
Street
Arterial 100' 150' 150' 200'
Collector 40' 150' 150' 150'
Local 40' 100' 100, 150'
Note: All distances shall be measured from the drive accesses on a public street,except for single-
inside edge of the drive access, extended at its household dwellings, as defined above, shall be
intersection with the projected curbline of the inter- measured from inside of drive to inside of drive ac-
secting street. cording to the following specified distances,unless
otherwise approved by the director of public ser-
E. Drive Access Spacing. The distance between vice as part of an approved site plan.
(Bozeman 11-01) 396_6
18.50.110
Driveway Access Driveway Access
Spacing on Collector Streets Spacing on Arterial
Streets
Average Res.Dist. CommJ Ind.Dist. Res,Dist. CommJ Ind.Dist.
Spacing
Partial Access* 60' 80' 80' 150'
Full.Access** 100' 150' 100' 150'
Minimum Separation 60' 80' 60' 100'
Notes:**Partial access includes right turn in and out only.
** Full access allows all turn movements, in and out.
F. Number and Location of Drive Accesses. certified by a professional engineer addressing the
1. Single-household uses shall be limited to one following site conditions,both present and future:
drive access per street face, except on properties a. Traffic volumes;
abutting arterial streets in which case circular drive- b. Turning movements;
ways, or driveways facilitating the turning of auto- c. Traffic controls;
mobiles on-site, shall be required. d. Site design;
2. Notwithstanding any other provisions of this e. Sight distances;
title, drive accesses may not be located closer than f. Location and alignment of other access points.
five feet to any side property line, unless shared 4. Based upon the above data, the director of
access with the adjoining property is approved, public service shall determine whether a deviation
G. Shared Drive Access. The city desires and from the required standards is justified and, if so,
encourages sharing access drives between separate what alternative requirements will be necessary-
parcels. (Ord. 1532 § 2, 2001; Ord. 1516 (part), 2000: Ord.
H. Access Approval Required.All drive accesses 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
shall be approved by the city engineer for width and 2000)
location.
1. Deviations from Property Access Standards. 18.50.110 Parking requirements.
1. Some of the standards listed in subsections C A. General Provisions.
through F of this section, may be relaxed by the L Floor Area.
Director of Public Service if it is shown during the a. The tern "floor area," for the purpose of
site plan review process that more efficient design calculating the number of off-street parking spaces
can be accomplished without jeopardizing the required,shall mean eighty-five percent of the gross
public's health, safety and welfare. floor area, as defined in Section 18.04.700.
2. Deviations from access standards shall be ap- However,at the election of the property owner,floor
proved at the discretion of the public service director. area shall mean the gross floor area, as defined in
3. Commercial developments (including resi- Section 18.04.700,minus following:
dential complexes for four or more households) i. Window display areas;
which may not be able to meet the requirements of ii. Storage areas;
subsections C through F of Section 18.50.120, and iii. Areas used for incidental repair of equipment
are requesting deviations from the standards, shall used or sold on the premises;
submit to the director of public service a report iv. Areas occupied by toilets and restrooms;
396-7 (Bozeman[I-DI)
18.50.110
V. Areas occupied by public utility facilities; b. Where applicable, the number of spaces ne-
vi. Areas occupied by dressing rooms, fitting or quired in subsection F of this section will be the total
alteration rooms incidental to the sale of clothing; of the spaces required for the component activities of
vii. Areas occupied by stairways and elevators; certain uses, each calculated separately.
viii.Corridors connecting rooms or suites of 2. Change of Use or Occupancy of Buildings.
rooms: With any change of use or occupancy of any building
Such election shall be made in writing to the plan- or buildings, including additions to buildings, that
ning director, shall be signed and acknowledged by may require more parking, an occupancy permit is
the owner and shall be filed with the planning direc- required and shall not be issued until such additional
for prior to the issuance of a building permit for such parking spaces, as required by this title, are fur-
building. The owner shall also be responsible for nished.
certifying other information upon which parking B. Stall,Aisle and Driveway Design.
requirements may be based, such as seats, and the 1. Parking Dimensions. The following shall be
number of employees on maximum working shift. the minimum parking space dimensions:
Angle Widtha Length Aisle
Width
Standard Handicapped Compacte Standard Handicapped Compact°
900 9.0' 13' 8' 18/20'b 18/20'' 16' 26'
600 9.0' 13' 8' 18/20' 18/20' 16' 18/23'
450 9.0' 13' 8' 18120' 18120' 16' 15/23d
Notes:
a. As 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.
b. Eighteen feet if measured from a curb on the inside edge of the stall; twenty feet if measured from a
painted line on the inside edge of the stall. Stall length variations are subject to approval by the planning and
zoning commission.
c. For ninety-degree parking,aisles are two-way;
d. First number refers to one-way traffic;second number to two-way traffic.If the aisle is needed as a fire
lane,a twenty-foot minimum is required.
e- Unless otherwise approved, all parking spaces shall be of standard width and length. In any parking
facility containing twenty or more parking spaces, a maximum of twenty-five percent of the required parking
spaces may be reduced in size for small cars, provided these spaces shall be clearly identified with a sign
permanently affixed immediately in front of
each space containing the notation, "Compacts Only."Where feasible, all small car spaces shall be located in
one or more contiguous areas and/or adjacent to ingress-egress points within parking facilities. Location of
compact car parking spaces shall not create traffic congestion or impede traffic flows.
($oZeTmn 11-01) 396-8
18.50.110
2. Within Structures. property for each space so deleted.This shall not de-
The off-street parking requirements may be fur- crease the amount of landscaping that would have
nished by providing spaces so designed within the been required with full parking, but shall be in
principal building or accessory parking structure; addition to such landscaping. This option shall be
however,no building permit shall be used to convert approved by the ADR staff. These improvements
the parking structures into a dwelling unit or living must be placed in the public right-of-way or yards
area or other activity until other adequate directly facing the right-of-way,
provisions are made to comply with the required c. Exceptions and Modifications to Parking Re-
off-street parking provisions of this title, quirements in B-3 District. Where all or part of the
3. Exceptions to These Parking Requirements. required parking spaces cannot be provided for a pro-
Because some situations (i.e., existing lots which posed use in the B-3 District, either through owner-
have no landscaping,irregular lots, lots with topo- ship or lease of the necessary land,the petitioner may
graphic difficulties,etc.) would benefit from an satisfy the parking requirements by providing an
alternative to the required maximum parking areas; equivalent cash-in-lieu payment according to the
because the community's appearance could benefit following provisions:
from additional landscaping, streetscaping and i. No building permit shall be issued, nor shall
sculptural elements;and because parking excep- any use of property be initiated unless a satisfactory
tions and/or landscaping would encourage cash-in-lieu payment is received by the department of
development within existing city boundaries;the finance.
following alternatives may be permitted: ii. The parking commission shall review and con-
These alternatives may be proposed by the devel- sider all requests for cash-in-lieu payments and
oper for review by the ADR staff. Such proposals furnish a written and dated certificate, signed by the
may be approved based on a determination that such parking commission chairman, authorizing
alternatives meet the following requirements and will cash-in-lieu payments.A copy of this certificate shall
not create a congested on-street parking situation in be presented to the chief building official and zoning
the vicinity of the proposal. administrator before a building permit is issued or the
a. Neighborhood Conservation Overlay District. use instituted.
Except in the B-3 district, parking requirements in iii. For each required parking space not provided,
neighborhood conservation overlay districts will be an appropriate payment shall be made to the city fi-
governed by Chapter 18.42 of this title. Generally, nance director as specified by city commission
parking and access drives should not have an adverse resolution,
effect on any existing elements which contribute to iv. All funds received under the provisions of this
the character of the neighborhoods. Common chapter shall be deposited in an interest-bearing
driveways,single-car garages,and landscaped yards account and unless otherwise directed by the city
and boulevards may be some of the important ele- commission, shall be used for the acquisition of
ments to retain.The procedures outlined in Chapter additional parking facilities and for the renovation
18.42 may be used to define all parking require- and resurfacing of same.
ments. v. The cash-in-lieu fee may be revised, at the
b. Landscaping in Lieu of Parking, discretion of the city commission, upon the recom-
Except in the B-3 district, property owners have mendation of the parking commission, to reflect
the option of requesting the deletion of up to five re- changing market values.
quired spaces or ten percent of the required parking vi. All real property assessed by special improve-
spaces, whichever is less, if three hundred fifty ment district (SID) No. 565, or other similarly
square feet of landscaping, trees, streetscaping or adopted improvement districts designed to provide
sculptural elements (not signage) is installed on the additional parking spaces within the B-3 district,
396-9 (Bozeman 1I-01)
18.50.110
shall not be required to provide additional parking c. The applicant shall enter into an improve-
spaces beyond those required at the time of the SID ments agreement with the city agreeing that the lot
adoption, provided the use of the real property and shall be paved within nine months of the time an
improvements remains unchanged from the initial adjacent roadway is paved.
assessments of SID No. 565, or other similarly 8. Striping. Except for one to three-household
adopted improvement districts. ' dwellings and individual townhouse units,all parking
In the event that a new use or an expansion is stalls shall be marked with painted lines not less than
initiated on any portion of real property or improve- four inches wide.
ments subsequent to the assessments for SID No.565 9. Lighting. Any lighting used to illuminate an
or other similarly adopted improvement districts, off-street parking area shall be so arranged as to
then parking space requirements shall be satisfied reflect the light down and/or away from adjoining
prior to initiation of those new or expanded uses. property,abutting residential uses and public rights-
4. Circulation Between Bays.Except in the case of-way,and shall be in compliance with the lighting
of one to three-household dwellings and individual restrictions in Section 18.50.135.
townhouse units,parking areas shall be designed so 10. Signs.No sign shall be so located as to restrict
that circulation between parking bays occurs within the sight lines and orderly operation and traffic
the designated parking lot and does not depend upon movement within any parking area. All signs shall
a public street or alley. conform to the requirements of Chapter 18.65.
5. Backing into Public Right-of-Ways.Except in 11. Parking Lot Curbing,
the case of one to three-household dwellings and a. Except for individual townhouse units and one
individual townhouse or condominium units,parking to three-household dwellings, all open off-street
area design which requires backing into the public parking areas and driveways shall have a six inch by
street or alley is prohibited.In al]cases where back- six inch perimeter concrete curb around the entire
ing occurs,the required aisle width shall be provided. parking lot,including driving access ways.Continu-
The aisle width calculation may incorporate the ous concrete curbing shall be built according to stan-
width of the public right-of-way. dards provided by the city engineer.
6. Parallel Parking Spaces.Parallel parking spac- b. Concrete pin-down wheel stops may be Per-
es shall be a minimum of twenty-four feet in length. mitted as an alternative to continuous concrete curb-
7. Surfacing. Except for single-household ing in front of parking spaces which front on the
development on individual lots,all areas intended to perimeter of the parking lot. However, continuous
be utilized for permanent panting space and drive- concrete curbing as described above shall be provid-
ways shall be paved with concrete or asphaltic ed in all situations where deemed necessary by the
concrete, or approved pavers, to control dust and city engineer to control drainage and soil erosion.
drainage. All proposed parking areas and driveway c. Alternative perimeter treatment may be per-
improvements shall require a grading and drainage mitted adjacent to snow storage areas subject to the
plan approved by the city engineer.However,paving approval of the director of public service.
shall not be required for permitted and conditional d. Requirements for perimeter curbing shall not
uses in the R-S zoning district when all of the preclude opportunities for shared access between
following circumstances exist: adjacent parking lots.
a. The use is required to provide fewer than 12. Protruding Vehicles.All on-site parking stalls
fifteen parking spaces and no loading spaces under which abut property lines shall be designed and
the provisions of this section; constructed such that parked vehicles shall not pro-
b. The lot or tract on which the use is located is trude over property lines.
not adjacent to a paved street or road;and 13. Pedestrian Facilities in Parking Lots.Concrete
sidewalks a minimum of three feet in width shall be
(Bozeman 11-01) 396.10
18.50.110
provided between any existing or proposed building 17. Storm Water Drainage.Storm water drainage
and adjacent parking lot.Where sidewalk curbs serve from parking lots shall be directed into landscaped
as wheel stops, an additional two feet of sidewalk detention/retention facilities and water quality im-
width is required. provement facilities as required by the city engi-
14. Snow Removal Storage Areas.Snow removal neering department, or in compliance with any
storage areas shall be provided sufficient to store adopted storm drainage ordinance.
snow accumulation on site. Such areas shall not C. Maintenance.It shall be the joint and separate
cause unsafe ingress/egress to the parking areas,shall responsibility of the lessee and owner of the principal
not cause snow to be deposited on public rights-of- use, uses or building to maintain in a neat and ade-
way, shall not include areas provided for required quate manner, the parking space, accessways,
parking access and spaces,and shall not be placed in striping, landscaping and required fences or
such a manner as to damage landscaping. All snow screening.
removal storage areas shall be located and designed D. Use of Required Parking Areas for Parking
such that the resultant stormwater runoff is directed Only. Required off-street parking spaces in any dis-
into landscaped retention/detention and water quality trict shall not be utilized for open storage, sale or
improvement facilities as required by the city rental of goods, storage of inoperable vehicles,
engineering department, or in compliance with any except when permitted as a temporary use.
adopted storm drainage ordinance. E. Parking Spaces Identified and Maintained.All
15. Parking and Stacking for Drive-In/Drive- residential occupancies shall provide required off-
Through Facilities. Required parking and stacking street parking spaces. When enclosing a carport or
spaces for waiting automobiles shall be determined garage for storage or Iiving purposes, an affidavit
by the DRC and shall not in any manner inhibit on- shall be submitted to the planning director identifying
site or off-site vehicular circulation. the required parking spaces necessary to comply with
16. Ownership/Leaschold. Required parking lots subsection (F)(1)below.
shall be owned or leased by the owner or lessee of F. Number of Spaces Required.The following
the building or use being served by such parking. minimum number of off-street,paved parking
Such parking lots shall be maintained as a parking lot spaces shall be provided and maintained by
so long as the building and/or use served is in ownership,easement and/or lease for and during
operation or until another approved parking area is the life of the respective uses hereinafter set forth:
established for such building or use.
396-11
18.50.110
1. Residential Uses.
Dwelling Types Off-Street Parking Spaces Required per Dwelling
With On-Street Parking Without On-Street Parking
(Spaces/Unit)* (Spaces/Unit)*
Efficiency unit 1.25 1.25
One-Bedroom Dwelling 1.25 1.5
TwofMree Bedroom Dwellings 2.00 3.00
Dwellings with more than three 2.40 plus 1.00 for each bedroom 3.00 plus 1.00 for each bedroom
bedrooms over three over three
Group homes and community 1 space per potential guest room 1 space per potential guest room
residential facilities
Bed and breakfast 1.00 space/rental unit 1.00 space/rental unit
*Each twenty-four linear feet of available street frontage directly adjacent to a lot; excluding drive accesses,
designated non-parking areas,and similar circumstances,shall be considered to be available for the purpose of
one on-street parking space. If the number of dwelling units on a lot exceeds the number of parking spaces
which is available from on-street parking directly adjacent to the lot,then parking for those dwellings exceeding
the number of directly adjacent on-street parking spaces shall be provided as if no on-street parking were
available.
All site plans submitted for permit purposes shall identify parking space allocations.
2. Nonresidential Uses.
Use Type Off-Street Parking Spaces Required
Automobile sales 1 space per 200 square feet of indoor floor area,plus
I 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 3 spaces or 1 for each employee on maximum shift,
plus stacking space
-Automatic drive-through
-Self-service 2 spaces per stall not including washing or drying spaces
Bank, financial institutions 1 space per 300 square feet
Bowling alley 4 spaces per alley, plus 2 spaces per billiard table, plus 1
space per each 5 visitor gallery seats
Church 1 space per 4 seats or six linear feet of space in each building
based upon design capacity of main assembly hall; plus,
public assembly areas, recreational buildings - I per 200
square feet; plus,classroom- 1 space per 4 seats
Community or recreation center 1 space per 200 square feet of floor area
Court clubs (racquetball, handball,tennis) 1 space per 200 square feet of floor area,plus 3 spaces per court
Dancehalls, skating rinks or similar uses 1 space per 300 square feet of floor area
Day care centers 1 space per 200 square feet of floor area
(Bozeman 11-41) 396-12
18.50.110
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 two 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
I 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
Commercial areas 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 room
396-13 (Bozeman 11-01)
18.50.110
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 with a minimum of 4
Outdoor sales(plant nurseries, building I space per 500 square feet of sales and/or display area. The
materials,equipment rental and similar) size of the sales and/or display area shall be determined on a
case by case basis by the planning board
Restaurants,cafes,bars and similar uses I space per 50 square feet of indoor public serving area,plus
1 space per 100 square feet of outdoor serving(patio) area
Retail store and service establishments 1 space per 300 square feet of floor area
Sales sites; model homes 1 space per 150 square feet of model floor areas; and
I space per employee
Schools
Elementary and/or junior high 1.5 spaces for each classroom, library, lecture hall and
cafeteria,plus
1 space per each 3 fixed seats in the main area of public
assembly, or
1 space for each 21 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 non-teaching employee,plus
1 space per each 3 fixed seats in the area of public assembly,or
I space per 21 square feet of area available for public assembly
if fixed seats are not provided
Business or similar school 1 space for each 1.25 students
Theatre, auditorium or similar place of 1 space per 4 seats based upon design capacity
assembly
Warehousing, storage or handling of bulk I space per 1,000 square feet of floor area devoted to storage
goods of goods,plus appropriate spaces to support accessory office
or retail sales facilities,at I space per 300 square feet of floor
area
3. Disabled Accessible Parking Spaces. April 1, 1988, Chapter 4(Accessible Elements and
a. Disabled parking spaces shall be provided Spaces: Scope and Technical Requirements).
subject to federal standards enumerated in the b. All parking lots and facilities shall be
Americans with Disabilities Act (ADA) dated subject to current Uniform Building Code
January 26, 1992, and Federal Standard 795, guidelines for accessibility, and shall contain a
(Uniform Federal Accessibility Standards)dated minimum number of disabled accessible parking
spaces as set forth in the table below:
(Boaemen>>-01) 396-14
18.50.110
Total Parking in Lot Required Minimum Number of Accessible Spaces
1to25 I
26to50 2
51 to75 3
76to100 4
101 to 150 5
151 to200 6
201 to 300 7
301 to400 8
401 to 500 9
501 to 1000 2 percent of total
1001 and over 20 plus 1 for each 100 over 1000
The first accessible parking stall provided and one surface,free of defects or design features that would
in every eight accessible spaces provided thereafter restrict, inhibit or unreasonably impede the
shall have an aisle eight feet wide (rather than five movement of a physically disabled individual.
feet) and shall be signed"van accessible." The least possible slope shall be used for any
Accessible spaces shall be located as near as ramp. The maximum slope of a ramp in new
practical to a primary entrance(s) and shall be construction shall be 1:12, cross slopes shall not
designated as those spaces closest to the primary exceed one-quarter inch per foot.The maximum rise
entrance(s) to a facility. Parking spaces and access
aisles shall be level with slopes not exceeding 1:50 in
all directions and shall be maintained in an ice and
snow free condition.
The minimum number of accessible parking
spaces shall be in addition to any required panting
spaces.
c. All accessible parking spaces shall be
designated as reserved for the disabled by a sign
showing the symbol of accessibility at each space.
Such signs shall not be obscured by a vehicle parked
in the space. Signs and symbols painted on the
pavement as the only means of identification,do not
meet this requirement.
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 planning 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 unencumbered minimum
three-foot wide walk, sidewalk or ramps. The
accessible path of travel shall be paved, smooth
396-15 (Bozeman 11-01)
18.50.110
for any run shall be thirty inches (seven hundred a. Off-site parking shall be developed and
sixty millimeters). maintained in compliance with all requirements and
e. Exceptions: standards of this title;
Group R occupancies containing three or Iess b. Reasonable access from off-site parking
dwelling units or congregate residences facilities to the use being served shall be provided;
accommodating ten persons or less. c. The site used for meeting the off-site parking
G. Joint Use of Parking Facilities. requirements of this title shall be under the same
1. Up to eighty percent of the parking facilities ownership as the principal use being served, under
required by this subsection for a church,civic center, public ownership, or shall have guaranteed
performing arts center, or for an auditorium permanent use by virtue of a perpetual lease fled
incidental to a public or parochial school maybe with the clerk of the commission and the county clerk
supplied by the off-street parking facilities by the and recorder
following daytime uses: banks, business offices, d. Off-site parking for single-household and two-
retail stores, personal service shops, household household dwellings shall not be permitted;
equipment or furniture shops,clothing or shoe repair e. Off-site parking for multiple-household
or service shops, manufacturing, wholesale and dwellings shall not be located more than one hundred
similar uses, feet from any commonly used entrance of the
2. Other joint use of parking by commercial uses principal use served;
to reduce total parking spaces maybe allowed with an f. Off-site parking for nonresidential uses shall
approved parking study submitted by a registered not be located more than one thousand feet from the
professional engineer, architect or landscape commonly used entrance of the principal use as
architect, treasured by the route of travel from the nearest
3. Conditions Required for Joint Use. parking space to the commonly used entrance of the
a. The building or use for which application is principal use served and shall not be located in
being made to utilize the off-street parking residential districts;
facilities provided by another building or use shall g. Any use which depends upon off-site parking
be located within one thousand feet of such parking to meet the requirements of this title shall maintain
facilities as measured by the route of travel from ownership or provide evidence of a long-term
the nearest parking space to the commonly used irrevocable lease agreement, running in perpetuity
entrance of the principal use served. with the existence of the designated use,for parking
b. The applicant shall show that there is no utilization of the off-site Iocation Improvement
substantial conflict in the operating hours of the two Schedule. All parking area improvements to include
buildings or uses for which joint use of off-street surfacing,drainage,walkways,lighting,landscaping,
parking facilities is proposed. screening, traffic control, etc. shall be installed
c. A properly drawn legal instrument, executed according to the provisions of Chapter 18.62.
by the parties concerned for joint use of off-street J. Stacking of Off-Street Parking Spaces.
parking facilities, duly approved as to forth and Required parking spaces shall be located so as to
manner of execution by the city attorney, shall be preclude stacking of off-street parking spaces, with
filed with the clerk of the commission and recorded the exception of single-household dwellings and
with the county clerk and recorder. individual townhouse units, and duplexes with
H. Off-Site Parking. physically separated individual driveways.
I. Any off-site parking which is used to meet the K. No Parking Permitted in Required Front or
requirements of this title shall be reviewed by the Side Yards. Required parking spaces shall not be
planning director for compliance with this title and located in any required front or side yard, except
shall be subject to the conditions listed below. that detached single-household dwellings and
(Bozeman 11-01) 396-16
18.50.120
townhouses,and duplexes with physically separated hospital or sanitarium, industrial plant,
individual driveways, may have one space located manufacturing establishment, retail establishment,
within a driveway area in the required front yard for storage warehouse or wholesale establishment,
each enclosed parking space. (Ord. 1516 (part), and all other structures devoted to similar
2000 : Ord. 1514(part),2000: Ord. 1513 § 1 (Exh. mercantile or industrial pursuits,which has an
A) (part),2000) aggregate gross floor area of fifteen thousand
square feet or more shall provide off-street truck
18.50.120 Off-street loading berth loading or unloading berths in accordance with
requirements. the following table:
A.Affected Uses.Every hotel,restaurant,
department store, freight terminal railroad yard,
Square Feet of Aggregate Gross Floor Area Required Number of Berths
Devoted to Such Use
15,000 sq.ft.up to and inc.40,000 sq.ft. 1
40,001 sq. ft.up to and inc. 100,000 sq.ft. 2
100,001 sq.ft.up to and inc. 160,000 sq.ft. 3
160,001 sq.ft.up to and inc. 240,000 sq.ft. 4
240,001 sq. ft.up to and inc. 320,000 sq.ft. 5
320,001 sq.ft.up to and inc.400,000 sq.ft. 6
400,001 sq.ft up to and inc.490,000 sq.ft. 7
For each additional 100,000 sq. ft. 1 additional
Any office building one hundred thousand square 3. Sufficient room for turning and maneuvering
feet or larger shall have at least one off-street Ioading vehicles shall be provided on the site so that vehicles
berth. shall cross a property line only by driving forward.
B. Standards for Off Street Loading Facilities. 4. Each loading berth shall be accessible from a
All off-street loading facilities shall conform to the street or alley or from an aisle or drive connecting
following standards: with a street or alley,without traversing a residential
1. The first loading berth shall beat least seventy district.
feet in length.Additional berths required shall be at 5. The loading area, aisles and access drives
least forty-five feet in length unless certified by the shall be paved so as to provide a durable, dustless
property owner in writing that additional loading surface and shall be so graded and drained so as to
activity will take place exclusively with small dispose of surface water without damage to private or
delivery vans in which case the berth(s) shall be at public properties,streets or alleys,
least twenty-five feet in length. All loading berths 6. Bumper rails shall be provided at locations
shall be at least twelve feet in width and fourteen feet where needed for safety or to protect property.
in height,exclusive of aisle and maneuvering space. 7. if the loading area is illuminated,lighting shall
2. Such space may occupy all or any part of any be deflected down and/or away from abutting
required yard space, except front and exterior side residential sites so as to cause no annoying glare.
yards,and shall not be located closer than fifty feet to 8. No regular repair work or servicing of
any lot in any residential zone unless separated from vehicles shall be conducted in a loading area.
such zone, except at the accesses, by screening not
less than eight feet in height.
396-17 (Bozeman n-01)
18-50.120
9. Off-street loading facilities shall be located on 11. Off-street loading facilities for a single use
the same site with the use for which the berths --r shall not be considered as providing required off-
required. street Ioading facilities for any other use.
10. If more than one use is located on a site, the 12. At the time of initial occupancy, major
number of loading berths provided shall be equal to alterations or enlargement of a site,or of completion
the sum of the requirements prescribed in this title for of construction of a structure or of a major alteration
each use.If more than one use is located on a site and or enlargement of a structure,there shall be provided
the gross floor area of each use is less than the off-street loading berth requirements subject to the
minimum for which loading berths are required but provisions of Chapter 18,62.The number of loading
the aggregate gross floor area is greater than the berths provided for a major alteration or enlargement
minimum for which loading berths are required,off- of a site or structure shall be in addition to the
street loading berths shall be provided as if the number existing prior to the alteration or
aggregate gross floor area were used for the use enlargement.
requiring the greatest number of loading berths.
13. Space allocated to any off-street loading berth deemed necessary to support the approval of a
shall not be used to satisfy the space requirements for special temporary use permit,including site pians as
any off-street parking facility. (Ord. I516 (part), per Chapter 18.52.
2000 : Ord. 1514 (part), 2000: Ord. 1513 § I (Exh. C. Decision.Application for a special temporary
A) (per), 2000) use permit shall be reviewed by the planning director
who shall approve, conditionally approve, or
18.50.130 Special temporary use permit. disapprove such application.Approval or conditional
A. Generally.Uses permitted subject to a special approval shall be given only when in the judgment of
temporary use permit are those temporary uses which the planning director such approval is within the
are required for the proper function of the community intent and purposes of this chapter. Any person
or are temporarily required in the process of aggrieved by the decision of the planning director
establishing a permitted use,or constructing a public may file an appeal within fifteen days of such
facility. Such uses shall be so conducted that they decision with the city commission pursuant to
will not be detrimental in any way to the surrounding Chapter 18.56.
properties or to the community. Uses permitted D. Conditions. In approving such a permit, the
subject to a special temporary use permit may approval shall be made subject to a time limit and
include: other conditions deemed necessary to assure that
1. Carnivals,circuses,special events of not over there will be no adverse effect upon adjacent proper-
seventy-two consecutive hours; ties. Such conditions may include the following:
2. Tent revival meetings; 1. Regulation of parking;
3. Swap meets; 2. Regulation of hours;
4. Such other uses as the planning director may 3. Regulation of noise;
deem to be within the intent and purpose of this 4. Regulation of lights;
section. 5. Requirement of bonds or other guarantees for
B. Application and Filing Fee.Application for a cleanup or removal of structure or equipment;
special temporary use permit maybe made by a 6. Such other conditions deemed necessary to
property owner or his authorized agent. Such carry out the intent and purpose of this section.
application shall be filed with the planning director (Ord. 1516(part), 2000: Ord. 1514(part), 2000:
who shall charge and collect a filing fee for each Ord. 1513 § 1 (Exh. A)(part),2000)
such application, as provided in Chapter 18.62.The
Planning Director may also require any information
(Sown 11-01) 396-18
18.50.130-18.50.140
15.50.140 Home occupations. 1. It is in the intent of this section to eliminate as
A. Generally.A home occupation is a use that is of right home occupations all uses except those that
considered accessory to a dwelling unit. conform to the standards set forth in this section. In
1. Home Occupations by Right. A home occu- general, a home occupation is an accessory use so
pation shall be carried on by one or more persons,all located and conducted that the average neighbor,
of whom reside within the dwelling unit, and where under normal circumstances,would not be aware of
no more than one person is employed on more than a its existence with the exception of permitted signage
half-time basis other than resident and domestic help. as allowed by Chapter 65. The standards for home
The use shall be clearly incidental and secondary to occupations included in this section are intended to
the use of the dwelling for residence purposes and insure compatibility with other permitted uses and
shall not change the character thereof or adversely with the residential character of the neighborhood.A
affect the uses permitted in the residential district of clearly secondary or incidental status in relation to
which it is a part. The home occupation may not be the residential use of the main building is the criteria
conducted in an accessory structure, for determining whether a proposed accessory use
2. Home Occupations by Conditional Use qualifies as a home occupation.
Permit. A home occupation shall be carried on by on 2. it is the intent of this section to provide,
or more persons where no more than one person is through the conditional use process established in
employed on more than a half-time basis other than Chapter 18.53, opportunities for home occupations
resident and domestic help. The use shall be which are more intensive in nature than those which
incidental and secondary to the use of the lot for would be allowed of right. In general, a home
residence purposes and shall not be incompatible occupation approved through the conditional use
with the character of the zoning district thereof or process is an accessory use which complies with the
adversely affect the principal uses permitted in the requirements of this title and is subordinate to the
residential district of which it is a part. Home primary use of the particular lot for residential
occupations by conditional use permit may only be purposes. The standards for home occupations
allowed on lots occupied by single-household included in this section are intended to insure
detached dwellings. There shall be no outside compatibility with other permitted uses and with the
storage of any kind;any indoor storage,construction, residential character of the neighborhood. A
alterations, or electrical or mechanical equipment secondary,but not incidental,status in relation to the
used,shall not change the fire rating of the structure. residential use of the main building is the criteria for
When a home occupation has been established determining whether a proposed use may, under
through the conditional use permit process,it means certain circumstances,qualify as a home occupation
that the owner, lessee, or other persons who have a which may be approved by the conditional use
legal right to the use of the dwelling unit also have process. As stated in Section 18.53.010 conditional
the right to conduct the home occupation whether in uses start from the presumption that they are
the principal or an accessory structure. However, incompatible with the zoning district but may under
such conditional use shall be subject to all conditions specific and limited conditions become compatible.
set forth in this title,except the provisions of Section Unless such conditions are found,there is no right to
18.49.070, Landscape Performance Standards. All the practice of a home occupation which does not
permits required by the city, including, but not comply with the terms of an of right home
limited to, building permits and business licenses, occupation as listed in this section.
shall be received prior to establishing such home C. Necessary Conditions.Of right home
occupation. occupations are permitted accessory uses in
B. Purpose of Provisions. residential districts only so long as all the following
conditions are observed-
396-19 (sazemn 11-a1)
18.50.140
1. Such occupation shall be conducted solely by dwelling and home occupation purposes exceeds the
resident occupants in their residence with not more average for residences in the neighborhood;
than one half-time nonresident employee; 5. There shall be no outside storage of any kind
2. No more than twenty-five percent of the gross related to the home occupation;
area of all structures shall be used for such purpose; 6. No use shall create noise, dust, vibration,
3. No use shall require internal or external alter- smell, smoke, glare, electrical interference, fire
ations or involve construction features or the use of hazard,or any other hazard or nuisance to any greater
electrical or mechanical equipment that would or more frequent extent than that allowed by Chapter
change the fire rating of the structure; 18.50.
4. No home occupation shall cause an increase in E. Complaints. Complaints by citizens of
the use of any one or more utilities (water, sewer, Bozeman may be cause for termination of the home
garbage, etc.) so that the combined total use for occupation. However, should such complaint be
dwelling and home occupation purposes exceeds the filed,the operator is entitled to an appeal to the city
average for residences in the neighborhood; commission for a public hearing. The city
5. There shall be no outside storage of any kind commission shall determine whether or not the filed
related to the home occupation; complaint identifies sufficient violation of this title to
6. The use may increase vehicular traffic flow warrant termination or modification of the home
and parking by no more than one additional vehicle occupation.
at a time. Depending on the individual circumstances F. Examples of the Uses that Frequently Qualify
of each application an additional off-street parking as Home Occupations. The following are examples
space may be required; of uses which can typically be conducted within the
7. No use shall create noise, dust, vibration, limits of the restrictions established in this section
smell, smoke, glare, electrical interference, fire and thereby may qualify as home occupations.Uses
hazard or any other hazard or nuisance to any greater which may qualify as home occupations are not
or more frequent extent than that usually experienced limited to those named in this subsection (nor does
in an average residential occupancy in the district in the listing of a use in this subsection automatically
question under normal circumstances wherein no qualify as a home occupation):accountant;architect;
home occupation exists. artist;attorney-at-law;author;consultant;dressmak-
D. Necessary Conditions. Home occupation ing; individual musical instrument instruction;indi-
permitted through the conditional use permit process vidual tutoring; insurance;millinery; and realtor.
are allowed in residential districts only so long as all G. Uses That Are Prohibited.The following uses,
the following conditions are observed: by the nature of the investment of operation,have a
1. Such occupation shall be conducted by pronounced tendency, once started, to rapidly
resident occupants with not more than one half-time increase beyond the limits permitted for home occu-
nonresident employee; pations and thereby impair the use and value of a
2. No more than thirty percent of the gross area residentially zoned area for residential purposes.
of all structures shall be used for such purpose; Therefore, the following uses shall not be permitted
3. No use shall require internal or external as home occupations: auto repair, minor or major;
alterations or involve construction features or the use barbershop; carpentry work; contractor's offices,
of electrical or mechanical equipment that would unless no construction activity or storage of materials
change the fire rating of the structure beyond that and/or equipment occurs at the residence; dance
allowed in residential uses; instruction;dental offices;medical offices;mobile oil
4. No home occupation shall cause an increase in and lube services; painting of vehicles, trailers, or
the use of any one or more utilities operated by the boats; private schools with organized classes; radio
city of Bozeman so that the combined total use for repair;television repair;upholstering;beauty salons.
(Buzemap 11-01) 396-20
18.50.140
G. Home Occupation Procedures, material in sufficient detail as to make possible
1. Notice of Intent to Operate an of right Home determination as to its appearance and durability.
Occupation. Any individual applying for a business C. Standards for Determination of Acceptable
license with the intent of operating the business from Similarity in Exterior Appearance and Construction.
his/her home,shall acknowledge by signature his/her The following standards shall be used in
understanding of the requirements and conditions of determinations of acceptable similarity in appearance
Chapter 18.50 of this title, and construction between mobile homes with
2. Appeal to City Commission. Any person may permanent foundation and residences constructed on
appeal the planning director's action to the city the site to assure that such mobile homes will be
commission within fifteen days as per Chapter 18.56. compatible in appearance with site-built housing that
(Ord. 1516(part),2000 :Ord. 1514(part),2000:Ord. has been or may be constructed in adjacent or nearby
1513 § 1 (Exh. A) (part),2000) locations.
1. No mobile homes shall have fenestration or
18.50.150 Mobile homes on individual lots, other features, or use colors or color combinations
A. Intent. It is the intent of this section to allow that will be incompatible in the residential
mobile homes,as defined herein,in specified zoning neighborhood.
districts in which similar one-household dwellings 2. The roof shall have sloping lines with eaves,
constructed on the site are permitted subject to such as gable, mansard and shed style roofs or shall
requirements and procedures set forth herein to be compatible with conventionally built homes in the
assure acceptable similarity in exterior appearances surrounding areas. The pitch of the main roof shall
between such mobile homes and dwellings that have not be less than one foot of rise for each four feet of
been or might be constructed under these and other horizontal run. Minimum distance from eaves to
regulations on adjacent lots in the same district or ridge shall be ten feet.
area. It is the intent of this section to permit only 3. the roofing material shall be shake, tile
those mobile homes certified as meeting the Mobile composition shingle, or other materials commonly
Home Construction and Safety Standards of the U.S. found on conventionally built homes in the
Department of Housing and Urban Development. surrounding areas.
B. Application, Material to be Supplied. One 4. the exterior covering material shall be similar
copy of the application for the proposed mobile home or closely compatible to that found on conventionally
on the individual building lot shall be submitted to built residential structures in the surrounding area.
the building division in conjunction with the Reflection from such exterior shall not be greater
application for a building permit for the building than from siding coated with clean, white, gloss,
foundation. The application shall include all exterior enamel.
information as deemed necessary by the zoning 5. The exterior covering material shall extend to
administrator to make determinations as to the ground. If a solid concrete or masonry perimeter
conformity with subsection C of this section, and it foundation is used, the exterior covering material
shall include a minimum of color photographs of all shall extend below the top of the foundation.
sides of the mobile home, of the nearest existing 6. The exterior covering and roofing materials of
residences or other grounds or buildings on each side the garage(s),carport(s)and accessory buildings shall
of the proposed site, and of existing residences or be compatible with the materials on the mobile home.
grounds fronting upon the same street as the 7. The finished floor shall be a maximum of
proposed site and opposite thereto,and also including twenty-four inches above the exterior finished
those within one hundred fifty feet of each corner of grade of the lot, or similar to the conventionally
the proposed site. As a minimum requirement, it built homes in the surrounding area.
shall also include description of siding and roofing
396-21 (Bozeman r 1-o1)
18.50.150
8. The mobile home shall be so located on the lot
that the portion nearest the principal street frontage is
at least thirty-four feet in total length when measured
as a line parallel to the street. Such dimension shall
be measured from outer extremities,including eaves,
and shall include any additions to the main body of
the mobile home,such as living or recreation rooms,
garages,carports,utility rooms,and the like,the front
portions of which are within ten feet of the front of
the mann body of the mobile homes.
9. Mobile homes on permanent foundations shall
meet all the property development standards for the
zone in which they shall be located. These standards
include, but are not limited to: lot area and
dimension;area per dwelling unit;front,rear and side
yard setbacks;building height,lot coverage,location
of accessory buildings; and off-street parking.
10. Mobile homes shall be approved for location
on individual building lots only if they have been
certified as meeting the Mobile Home Construction
and Safety Standards of the U.S. Department of
Housing and Urban Development,
C. Actions by Planning Director. Upon receipt of
an application as required by subsection B of this
section,the planning director shall make a decision to
approve or disapprove of the application within
fifteen days, or he may make referral to the city
commission. Referrals to the city commission shall
be placed on the agenda for its regular meeting.
Within five days after receipt of recommendations
from the city commission,the planning director shall
make a determination as to conformity with
subsection C of this section,notifying the applicants
of approval or disapproval. in the case of
disapproval, the reasons therefore shall be stated in
writing. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 § 1 (Exh.A) (part), 2000)
(Bozeman i1-01) 396-22
18.51.010
Chapter 18.51
DESIGN REVIEW BOARD (DRB),
ADMINISTRATIVE DESIGN REVIEW(ADR)
STAFF AND DEVELOPMENT REVIEW
COMMITTEE(DRC)
Sections:
18.51.010 Purpose of design review board,
administrative design review staff
and development review
committee,
18.51.020 General procedures,notice and
timing.
18.51.010 Purpose of design review board,
administrative design review staff
and development review committee.
A. Purpose. The design review board, adminis-
trative design review staff and the development
review committee are established to coordinate,
expedite and assure fair,equitable implementation of
this title. The objective, to be implemented through
their procedures and deliberations, shall be to
encourage development quality that will enhance
both the natural and built environments, with full
consideration to present and future property values.
The development review committee is established to
evaluate all proposals subject to the provisions of
Chapter 18.52; the development review committee
shall act as an advisory body for larger and more
complex proposals,and an approval body for smaller
and less complex proposals.The design review board
is established to evaluate aesthetic considerations of
larger and more complex proposals which are likely
to produce significant community impact, including
major site plans and conditional use permits, but
excluding conditional use permits for the purpose of
accessory dwelling units and conditional use permits
which do not create additional building area,located
within overlay districts and all planned unit
developments, and to provide recommendations
regarding such proposals to the city-county planning
board and city commission,subject to the provisions
of Chapter 18.52.The administrative design review
396-23 (Bozeman 11-01)
18.51.010
staff is established as the approval body for aesthetic or federal agencies, with other individuals to be in-
considerations of smaller and less complex propos- cluded as necessary.
als, including sketch plans within overlay districts, C. Design Review Board Procedures Established.
minor site plans, and conditional use permits for 1. To implement this purpose,certain procedures
accessory dwelling units and conditional use permits shall be adopted to include, but not be limited to, a
where no additional building area will be created, regularly scheduled weekly or biweekly meeting
which are less likely to produce significant commu- attended by members of the board.Written meeting
nity impact, subject to the provisions of Chapter reviews setting forth decisions and findings shall be
18.52. made.These records shall be preserved as part of the
B. Development Review Committee Procedures official proceedings for each developmental
Established. To implement this purpose, certain proposal. Lastly, the DRB shall generally follow
procedures shall be adopted to include, but not be "Robert's Rules of Order"and may prepare and adopt
limited to,a regularly scheduled weekly or biweekly supplemental procedural rules,upon the approval of
meeting attended by representatives of each of the the city commission, that will assure the
city or county departments charged with develop- accomplishment of the stated purpose and promote
ment review,each representative of which shall have the efficiency and effectiveness of the design review
decision making capability and authority (veto process.
power). Written meeting reviews setting forth 2. The board shall consist of six professional and
decisions and findings shall be made. These records two nonprofessional members.Professional members
shall be preserved as part of the official proceedings shall be degreed in their respective disciplines and/or
for each development proposal. Lastly, the DRC otherwise licensed or certified by their respective
shall generally follow"Robert's Rules of Order"and professional authorities.The professional contingent
may prepare and adopt supplemental procedural rules shall consist of four architects, one architectural
that will assure the accomplishment of the stated historian, and one landscape architect or landscape
purpose and promote the efficiency and effectiveness designer. At least one of the professional members
of the developmental review process. shall have a demonstrated expertise in urban design.
1. The committee shall at a minimum be com- Nonprofessional members shall be individuals with
posed of the following personnel: director of public an interest in, or knowledge of, urban design or
service or designee, fire marshal or designee, the historic preservation. No member of the design
superintendent of streets/garbage or designee, the review board shall serve concurrently as a member of
superintendent of water/sewer or designee, the the Bozeman planning board.A quorum of the DRB
planning director or designee, and the building shall be four voting members and one of the
official or designee.When necessary,other members members constituting the quorum must be an
of the committee may include: the police chief or architect.
designee, the superintendent of parks/cemetery or 3. In selecting the members,the city commission
designee, the recreation superintendent or designee, shall give preference to residents of the city of
the city manager or designee, with other individuals Bozeman. However,where a qualified professional
to be included as necessary at the planning director's resident is not available to serve,the city commission
request. may appoint a professional member who practices
2. When applicable, the committee may solicit professionally, owns property, or owns a business
the input of noncity agencies and persons including, within the city of Bozeman. Where a
but not limited to, the county subdivision review nonprofessional resident is not available to serve,the
officer or designee,the county sanitarian or designee, city commission may appoint a nonprofessional
the county road superintendent or designee,and state member who works,
(Bozeman 1.0]) 396-24
18.51.020
owns property or owns a business within the city of specific parcel shall be conducted without a fee; a
Bozeman. fee,in accordance with the fee resolution adopted by
D. Administrative Design Review Staff Proce- the city commission,shall be charged for a second or
dures Established. subsequent informal review requested by the same
1. To implement this purpose,certain procedures applicant and/or owner for the same real property as
shall be adopted,including the administrative evalu- a prior informal review. No application is required
ation of a proposal without public notice or comment for informal review or advice by the ADR staff.
unless a deviation from the underlying zoning is B. Formal Application.An application for DRC,
requested.After a proposal has been evaluated by the DRB and/or ADR consideration of a development
ADR staff, said staff shall issue a written decision proposal must be submitted utilizing a form available
that shall include findings and may include a notice from the planning director.Material to be submitted
of required corrections. The ADR staff may tail a with the application shall include the elements set
conference with the applicant to determine design forth within the requirements for the type of proposal
alternatives, or the applicant may call a conference to be considered, i.e., sketch plan, site plan,
with the ADR staff for said purpose; any such conditional use permit,certificate of appropriateness,
conference shall be conducted prior to the issuance of planned unit development, etc., as outlined in
a building permit for the proposal. Chapter 18.52.It is recommended that the applicant
2. ADR staff shall consist of two planning staff discuss the application informally with the DRC,
members. One member shall be degreed, and/or DRB, ADR or planning director prior to formal
otherwise licensed or certified by his/her respective submission to help expedite the process.Depending
professional authorities,in an environmental design upon the size of the proposed project,its location and
discipline such as architecture,landscape architecture type, the applicant may be directed to one or more
or urban design. The second member shall be the agencies of the city for processing.
planning director or his/her designee, who may or C. Public Notice. Public notice for any proposal
may not be degreed in architecture. (Ord. 1531 § 15, before the DRC, DRB or ADR, that requires such
2001,Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A) notice,shall be provided in accordance with Section
(part),2000) 18.52.055.
D. DRC, DRB and/or ADR Action. By day
18.51.020 General procedures,notice and tim fourteen from the date of the regularly scheduled
ing. DRC and/or DRB meeting at which the applicants'
A. Informal Advice and Direction. A person or proposal was initially reviewed, the DRC and/or
organization considering any construction, building • DRB shall take action to approve, approve with
or site alteration, rezoning or other development conditions, table pending submission of revised or
activity,with the exception of potential planned unit additional materials,deny the applicant's proposal,or
development applications, may approach the DRC, recommend such action to the appropriate approval
DRB and/or ADR for informal advice and direction. authority. For proposals subject to ADR review,the
Such discussion shall be treated as advisory by both ADR staff shall take action to approve,approve with
parties and shall record only the fact that contact had conditions, delay pending submission of revised or
been made. An informal review by the DRC and/or additional materials or deny the applicant's proposal.
DRB may be requested by submitting a completed E. Plan Appeals Procedure.The applicant or
application form provided by the planning director certain other parties may appeal a decision of the
along with any schematic development plans or DRC, DRB and/or ADR. The criteria for appeals is
written narrative at least one week prior to the next set forth in Chapter 18.58,Plan Appeals Procedure.
regularly DRC and/or DRB meeting. The initial (Ord. 1514(part),2000: Ord. 1513 § 1 (Exh.A)
informal review by an applicant or owner for a (part),2000)
396-25 (Bozeman 11-01
18.52.010-18.52.020
Chapter 18.52 18.52.020 Sketch plan review.
A. Sketch Plan Submittal Requirements.
PLAN REVIEW AND APPROVAL 1. Certain independent development proposals
(i.e.,not in conjunction with other development)are
Sections: required to submit only sketch plans,drawn to scale
1852.010 Introduction. and in sufficient detail to demonstrate compliance
18.52.020 Sketch plan review. with all zoning requirements. Sketch plans shall be
18.52.030 Site plan review. oriented with north at the top of the page and shall
18.52.040 Special development proposaLs— also show site boundaries,street and alley frontages
Additional application require- with names, and location of all structures with dis-
ments,review procedures and tances to the nearest foot between buildings and from
review criteria. buildings to property lines.
18.52.050 Certificates of appropriateness— 2. Separate construction plans are necessary for
Additional application require- building permits when the proposal requires such
ments,review procedures and permits. Additional information is also necessary
review criteria. when the proposal requires the issuance of a certifi-
18.52.055 Public notice requirements. tate of appropriateness (see Section 18.52.050).
18.52.060 Building permits based upon 3. Examples of independent projects which
approved sketch or site pians. qualify for sketch plan review are:individual single-
18.52.070 Amendments to sketch and site household, two-household, three-household, and
plans. four-household residential units,each on individual
18.52.080 Appeals. lots;mobile homes on individual lots; fences; signs
in compliance with zoning requirements; special
18.52.010 Introduction. temporary uses;and accessory structures associated
A. All development proposals within the city will with these uses.Other similar projects may be deter-
be subject to plan review and approval. Depending mined by the planning director to require only sketch
on the complexity of development, either sketch plan review.The planning director shall determine all
plans or site plans will be required as specified in this submittal requirements.
chapter. B. Sketch Plan Review Procedures.
B. Special development proposals (i.e., PUDs, 1. No Certificate of Appropriateness Required.
CUPS,variances,mobile homes located on individual Sketch plans for projects which do not require a
lots,etc.)require other information to be submitted in certificate of appropriateness shall be submitted to
conjunction with sketch plans or site plans and are the planning staff for a determination of compliance
subject to requirements specific to the type of pro- with zoning requirements. Once compliance is
posal. These additional submittal requirements and achieved, the application will be approved for con-
review procedures are outlined in Section 18.52.040. struction or referred to the appropriate permitting
C. When a development is proposed within a authorities.
neighborhood conservation or entryway corridor 2. Certificate of Appropriateness Required.
overlay district, or proposes signs which do not Sketch plans and such additional information as may
specifically conform to zoning requirements,design be required for projects which require a certificate of
review is required in conjunction with either sketch appropriateness as per Section 18.52.050 shall be
plan or site plan review. In such cases, additional submitted to the ADR staff, who shall review the
submittal requirements and review procedures apply proposal for zoning compliance, including compli-
as outlined in Section 18.52.050. (Ord. 1514 (part), ante with the applicable overlay district require-
2000: Ord. 1513 § I (Exh.A) (part),2000) ments.Once compliance is achieved,the application
(Bozeman I1-01) 396-26
18.52.030
will be approved for construction or referred to the B. Review Authority.
appropriate permitting authorities. Review and 1. The city co runilssion has the right to review
approval authority for sketch plans that require and require revisions to any proposed site plans,
certificates of appropriateness shall rest with the major or minor. The purpose of this review is to
DRB if the ADR staff consists of less than two prevent demonstrable adverse impacts of the devel-
members. opment upon public safety, health or welfare; to
C. Sketch Plan Review Criteria. Sketch plans protect public investments in roads, drainage facili-
shall be reviewed for compliance with all applicable ties, sewage facilities, and other facilities; to con-
zoning requirements including overlay district re- serve the value of adjoining buildings and/or proper-
quirements and the cessation of any current viola- ty;and to ensure that the applicable regulations of the
tions of this title, exclusive of any legal noncon- city are upheld.
forming conditions. (Ord. 1514 (part), 2000: Ord.. 2. However, the planning board authorizes the
1513 § 1 (Exh.A)(part), 2000) development review committee and/or the
administrative design review staff,when applicable,
18.52.030 Site plan review. to review and approve minor site plans and
A. Classification of Site Plans. conditional use permits for the purpose of accessory
I. For purposes of this title, site plans will be dwelling units and conditional use permits which do
classified as major or minor site plans. All devel- not create additional building area, subject to the
opments within the zoning jurisdiction of the city, appeal provisions outlined in Chapter 18.58.The city
except individual single-household, two-household, commission authorizes the development review
three-household and four-household residential committee and/or the design review board, when
structures,each on individual Iots,and other develop- applicable, to review and approve major site plans,
ment proposals requiring only sketch plan review, planned unit developments, and conditional use
shall be subject to this section. A major site plan permits not otherwise assigned to administrative
involves one or more of the following: design review staff subject to the appeal provisions
a. Twelve or more dwelling units in a multiple- outlined in Chapter 18.58. In consideration of any
household structure or structures; major site plan application,the planning board shall
b. Fifteen thousand or more square feet of office conduct a public hearing that has been duly noticed
space, retail commercial space, service corm-nercial as per Section 18.52.055.
space or industrial space; C. Application of Site Plan Review Procedures.
c. More than one building on one site for per- 1. These procedures shall apply to all develop-
mitted office uses,permitted retail commercial uses, ments within the zoning jurisdiction of the city
permitted service commercial uses,permitted indus- except for individual single-household, two-
trial uses or permitted combinations of uses; household, three-household and four-household
d. Twenty thousand or more square feet of residential units, each on individual lots, or to other
exterior storage of materials or goods; development proposals requiring only sketch plan
e. Parking for more than forty vehicles. review.
2. Any other site plan,except those that are part 2. The site plan shall be submitted and approved
of a planned unit development or conditional use prior to the issuance of any building permit.
permit, will be considered a minor site plan. 3. No occupancy permits shall be issued for any
3. Any conditional use permit application shall development for which site plan review is required
be reviewed according to the regulations in Chapter until certification has been provided demonstrating
18.53• that all terms and conditions of site plan approval
4. Any planned unit development shall be re- have been complied with.
viewed according to the regulations in Chapter 18.54. D. Site Plan Submittal Requirements.
396-27 (Bozeman 11-01)
18.52.030
1. Applications for all site plan approvals shall b. Site Plan Information.The following informa-
be submitted to the planning office on forms pro- tion is required whenever the requested information
vided by the planning director.The site plan applica- pertains to: (1) zoning or other regulatory require-
tion shall be accompanied by the appropriate fee and ments; (2) existing conditions on-site; or(3) condi-
development plans showing sufficient information tions on-site which would result from the proposed
for the city commission, design review board or development.
development review committee to determine whether i. Boundary line of property with dimensions,
the proposed development will meet the development ii. Location,identification and dimension of the
requirements of the city.Unless otherwise specified, following existing and proposed data,on-site and to a
twenty copies of the application and required distance of one hundred feet outside site plan
supplemental information addressing the following boundary unless otherwise stated:
shall be submitted: (A)Topographic contours at a minimum interval
a. General Information. of two feet, or as determined by the planning direc-
i. Name of project/development, tor,
ii. Location of project/development by street (B) Adjacent streets and street rights-of-way to a
address and legal description, distance of one hundred fifty feet, except for sites
iii. Location map,including area within one-half adjacent to major arterial streets where the distances
mile of site, shall be two hundred feet,
iv. Name and mailing address of developer and (C) On-site streets and rights-of-way,
owner, (D)Ingress and egress points,
v. Name and mailing address of engineer/archi- (E) Traffic flow on-site,
tect,landscape architect and/or planner, (F) Traffic flow off-site,
vi. Date of plan preparation and changes, (G)Utilities and utility rights-of-way or ease-
vii. North point indicator, ments:
viii.Suggested scale of one inch to twenty feet,but (1) Electric,
not less than one inch to one hundred feet, (2) Natural gas,
ix. List of names and addresses of property own- (3) Telephone,cable TV,
ers within two hundred feet of site, using the most (4) Water,
current known property owners of record as shown in (5) Sewer(sanitary, treated effluent and storm),
the records of the Gallatin County Clerk and (H)Parcel size(s) in gross acres and square feet,
Recorder's Office, (1) Buildings and structures,
x. Stamped, unsealed envelopes addressed with (J) Estimated total floor area and estimated ratio
names of above property owners, of floor area to lot size(floor area ratio,FAR),with a
xi. Zoning classification within two hundred feet, breakdown by land use,
xii. Listing of specific land uses being proposed, (K)Proposed coverage of buildings and structures
and for parcel(s) and total site,including the following:
xiii.Complete, signed application. (1) Percentage and square footage of building
xiv.Excluding sketch and minor site plans,a map coverage,
showing construction traffic routes to and from the (2) Percentage and square footage of driveway
job site. The route shall avoid,where possible,local and parking,
or minor collector streets or streets where (3) Percentage and square footage of open space
construction traffic would disrupt neighborhood and/or Iandscaped area,
residential character or pose a threat to public health (L) Surface water holding ponds, streams and
and safety; irrigation ditches, watercourses, water bodies and
wetlands,
cso� n r c-or r 396-28
18.52.030
(M)Floodplains as designated on the Federal iii. Number of employee and nonemployee park-
Insurance Rate Maps, ing spaces, existing and proposed, and total square
(N)Grading and drainage plan, including provi- footage of each,
sions for on-site retention/detention and water quality iv. Site statistics including site square footage,
improvement facilities as required by the city nonresidential building square footage, percent of
engineering department, or in compliance with any site coverage (building and parking), net dwelling
adopted storm drainage ordinance, unit density,percent park or open space,
(0)Significant rock outcroppings,slopes of great- V. Total number, type and density per type of
er than fifteen percent, or other significant topo- dwelling units,and total gross residential density and
graphic features, density per residential parcel;
(P) Detailed plan of all parking facilities: includ- c. Building Design Information (On-Site).
ing circulation aisles, access drives, bicycle racks, i. Building heights and elevations of all exterior
compact spaces,handicapped spaces and motorcycle walls of the building(s) or structure(s),
parking, ii. Height above mean sea level of the elevation
(Q)Sidewalks, walkways, driveways, loading of the lowest floor and location of lot outfall when
areas and docks,bikeways,including typical details, the structure is proposed to be located in a floodway
(R) Provision for handicapped accessibility, in- or floodplain area,
cluding but not limited to wheelchair ramps,parking iii. Floor plans depicting location and dimensions
spaces,handrails,and curb cuts,including construc- of all proposed uses and activities.
tion details and the applicant's certification of ADA E. Site Plan Review Procedures.
compliance, 1. Minor Site Plan. Minor site plans shall be
(S) Fences and walls, including typical details, processed for review in the manner prescribed in
(T) Exterior signs, Chapter 18.51 and Chapter 18.58, should an appeal
(U)Exterior refuse collection areas, including be taken.
typical details, 2. Major Site Plan. Major site plans shall be
(V)Exterior lighting, including typical details, initially processed through the DRC and/or the DRB,
(W)Curb, asphalt section, and drive approach when applicable,in the manner of a minor site plan;
construction details, however,the DRC and/or DRB action(s)shall not be
(X)Landscaping(detailed plan showing plantings, final but rather advisory to the city commission.All
equipment, and other appropriate information as procedures and appeals shall be conducted per the
required in Section 18.50.100), provisions of Chapters 18.51 and 18.58.
(1) Landscape legend, including botanical and F. Site Plan Review Criteria.
common names of vegetation to be used, 1. In considering applications for site plan ap-
(2) Size of plantings at time of planting and at proval under this title, the development review
maturity, committee,the administrative design review staff,the
(3) Areas to be irrigated, design review board, and the city commission shall
(Y)Unique natural features, significant wildlife consider the following:
areas and vegetative cover, including existing trees a. Relationship of site plan elements to condi-
and shrubs having a diameter greater than two and tions both on and off the property; including
one-half inches, by species, i. Compatibility with, and sensitivity to,the
(Z) Snow storage areas, immediate environment of the site and the adjacent
(AA) Location of municipal and extraterritorial neighborhoods relative to architectural design,
boundaries within or near the development, building mass and height,neighborhood identity,
(BB)Existing zoning, landscaping, historical character, orientation of
buildings on the site and visual integration;
396-29 (Bozeman 11-01)
1852.030
space and pedestrian areas, and the preservation or
ii. Arrangement of the elements of the site plan replacement of natural vegetation;
(e.g., buildings, circulation, open space and j. Lighting;
landscaping, etc.) so that activities are integrated k. Provisions for utilities, including efficient
with the organizational scheme of the community public services and facilities;
and neighborhood; 1. Site surface drainage;
iii. Design and arrangement of the elements of the m. Open space;including
site plan(e.g.,buildings,circulation,open space and i. The enhancement of the natural environment;
landscaping, etc.) to produce an efficient, ii. Are precautions being taken to preserve
functionally organized, and cohesive development; existing wildlife habitats or natural wildlife feeding
iv. Design and arrangement of the elements of the areas;
site plan(e.g.,buildings,circulation,open space and iii. If the development is adjacent to an existing or
landscaping, etc.) in harmony with the existing approved public park or public open space area,have
natural topography; natural water bodies and water provisions been made in the site plan to avoid
courses; existing vegetation; interfering with public access to and use of that area;
v. Design and arrangement of buildings and any iv. Is any recreational area suitably located and
open space areas contribute to the overall aesthetic accessible to the residential units it is intended to
quality of the site configuration; serve and is adequate screening provided to ensure
b. Conformance to this title,including the cessa- privacy and quiet for neighboring residential uses;
tion of any current violations; in. Loading and unloading areas;
c. Conformance to the city's master plan; o. Grading;
d. All other applicable laws, ordinances and p. Signage;
regulations; q. Screening;
e. The impact of the proposal on the existing and r. Setbacks;
anticipated traffic and parking conditions; s. Overlay district provisions;
f. The consistency of the proposal with respect t. Other related matters, including expressed
to land use requirements; public opinion.
g. Pedestrian and vehicular ingress and egress; 2. If the development review committee and, if
including, appropriate, the design review board or the city
i. Design of the pedestrian circulation system to commission shall determine that the proposed site
assure that pedestrians can move safely and easily plan will not be detrimental to the health, safety or
both within the site and between properties and welfare of the community,is in compliance with the
activities within the neighborhood area; requirements of this title and is in harmony with the
ii. Non-automotive transportation and circulation purposes and intent of this title and the Bozeman
systems design features to enhance convenience and master plan, approval shall be granted, and such
safety across parking lots and streets, including, but conditions and safeguards may be imposed as
not limited to, paving patterns, grade differences, deemed necessary.
landscaping and lighting; 3. Site plan approval may be denied upon de-
iii. Is the non-automotive transportation system termination that the conditions required for
adequately connected to the systems in adjacent approval do not exist. (Ord. 1514(part), 2000:Ord.
developments; 1513 § 1 (Exh.A) (part),2000)
h. Building location and height;
i. Landscaping, including the enhancement of
buildings, the appearance of vehicular use, open
(Bozeman 11-01) 346-30
18.52.040-18.52.050
18.52.040 Special development proposals— shall be dictated by the scope of the planned alter-
Additional application require- ation and the information reasonably necessary for
ments,review procedures and the appropriate review authority to make its determi-
review criteria. nation. At a minimum, the following items shall be
A. Application Requirements. Applications for included in the submission:
special development proposals (PUD, CUP, flood a. Completed application on form provided by
plain development permits,variances)shall include: the planning office;
1. The required information for major and minor b. One current picture of each elevation of each
site plans described in Section 18.52.030; structure planned to be altered and such additional
2. Any additional application information re- pictures of the specific elements of the structure or
quired for specific reviews as listed in the following property to be altered that will clearly express the
chapters: nature and extent of change planned. Except when
a. 18.44,Flood Hazard District, otherwise recommended,no more than eight pictures
b. 18.53, Conditional Use Procedure, should be submitted and all pictures shall be mounted
c. 18.54,Planned Unit Development, on letter-size sheets and clearly annotated with the
d. 18.56,Variance and.Administrative Interpre- property address,elevation direction(N,S,E,W)and
tation Appeal Procedures. relevant information;
B. Review Procedures and Review Criteria. c. Sketch plan or site plan information, as per
Additional review procedures and review criteria for Section 18.52.020 or 18.52.030;
specific development proposals are defined in the d. Historical information, including available
following chapters: data such as pictures, plans, authenticated verbal
1. 18.44,Flood Hazard District, records and similar research documentation that may
2. 18.53, Conditional Use Procedure, be relevant to the planned alteration;
3. 18.54,Planned Unit Development, e. Materials and color schemes to be used;
4. 18.56,Variance and Administrative Interpre- f. Plans, sketches, pictures, specifications and
tation Appeal Procedures. (Ord. 1514 (part), 2000: other data that will clearly express the applicant's
Ord. 1513 § 1 (Exh. A)(part),2000) proposed alterations;
g. A schedule of planned actions that will lead to
18.52.050 Certificates of appropriateness— the completed alterations;
Additional application require- h. Such other information as may be suggested
ments,review procedures and by the planning office;
review criteria. i. It is farther suggested that the applicant seek
A. Submittal Requirements for Certificates of comments from the neighborhood or area;
Appropriateness.All development proposals requir- j. Description of any applicant-requested devis-
ing certificates of appropriateness (i.e. located in a tion(s) and a narrative explanation as to how the
neighborhood conservation or entryway corridor requested deviation(s)will encourage restoration and
overlay district) shall submit the following informa- rehabilitation activity that will contribute to the
tion in addition to any sketch plan, site plan or overall historic character of the community.
special development submittal requirements for the 2. Entryway Overlay District.
proposal. a. Depending on the complexity of development,
1. Neighborhood Conservation Overlay District, either sketch plans or site plans will be required as
Certain information shall be provided to the appro- specified in this chapter.
priate review authority to review prior to granting or b. If the proposal includes an application for a
denying a certificate of appropriateness. The extent "deviation" as outlined in Section 18.43.080, the
of documentation to be submitted on any project application for deviation shall be accompanied by
396-31 (Bozeman 13-01)
18.52.055
written and graphic material sufficient to illustrate changes in use,demolition,or further development as
the conditions that the modified standards will pro- defined in this title, sketch plan applications for
duce,so as to enable the city commission to make the duplexes,triplexes and fourplexes where a principal
determination that the deviation will produce an use is proposed to be established or intensified,
environment,landscape quality and character superi- and/or a deviation from the underlying zoning is
or to that produced by the existing standards,and will requested.
be consistent with the intent and purpose of Chapter For all minor site plan applications,and for sketch
18.43. plan applications that are not exempted from notice
3. Sign Proposals Which Do Not Specifically requirements above, the site in question shall be
Conform to Zoning Requirements.Independent sign posted in at least one conspicuous location on the site
proposals (i.e., not in conjunction with other devel- in question and mailed to all owners of record of real
opment)which do not specifically conform to zoning property within two hundred feet of the site in
requirements, are required to submit full site plans. question using last declared county real estate tax
Additional site design information in sufficient detail records, at least ten days prior to the DRC, DRB or
to demonstrate compliance with the design objective ADR decision(s),as applicable, specifying the date,
plan encompassing the property's Iocation shall be number, time and place for said approvals. It shall
provided. If no design objective plan has been pre- specify the name and address of the applicant, the
pared for the location, additional site design infor- name and address of the owner of record of the
mation,if necessary,shall be determined by the ADR property,a legal description of the property affected,
staff• the street address or its location by approximate
B. Review Procedures and Criteria for Certifi- distances from the nearest major street or road inter-
cates of Appropriateness. sections so the property can be readily identified, a
1. Certificates of appropriateness shall only be brief statement of the nature of the approvals, and a
issued according to procedures and criteria specified reference to the appeals procedures in Chapter 18.58.
in Chapters 18.42, 18.43 and 18.65, and Chapter B_ Public Notice Requirements for Major Site
18.51 which describes the general procedures,notice Plan Applications. Notice of the city commission
requirements and timing for all proposals requiring hearing shall be published at least once in the
development review committee,design review board Bozeman Daily Chronicle,the official newspaper of
and/or administrative design review staff review. the city, posted in at least one conspicuous location
2. Sign proposals which do not specifically con- on the site in question, and mailed to all owners of
form to zoning requirements shall be reviewed ac- real property of record within two hundred feet of the
cording to procedures and criteria outlined in Chapter site in question using last declared county real estate
18.65. (Ord. 1514(part),2000: Ord. 1513 § 1 (Exh. tax records, not more than forty-five days nor less
A)(part), 2000) than fifteen days prior to the scheduled public
hearing and approval, specifying the date, number,
18.52.055 Public notice requirements. time and place for said approvals.It shall specify the
A. Public Notice Requirements For Sketch Plan name and address of the applicant, the name and
and Minor Site Plan Applications.No public notice address of the owner of record of the property, a
requirements shall apply for sketch plan applications legal description of the property affected,the street
outside of overlay districts.Within overlay districts, address or its location by approximate distances from
no public notice requirements shall apply for the the nearest major street or road intersections so the
alteration or construction of single-household property can be readily identified, a brief statement
residences unless a deviation from the underlying of the nature of the hearings and approvals, and a
zoning is requested. Within overlay districts, public reference to the appeals procedures in Chapter 18.58.
notice requirements shall apply to commercial The notice shall provide a map of the area in question
(eozamn I 1-01) 396-32
18.52.060-18.52.070
so as to indicate its general location and proximity to during the redevelopment,re-use or change in use of
surrounding properties. existing facilities in the community.Specific areas of
C. Additional Public Notice Requirements. community concern include public safety,mitigation
Additional public notice requirements for specific of off-site environmental impacts,and site character
development proposals are defined in the following in relation to surroundings.The following procedures
chapters: I for amendments to approved plans,reuse of existing
1. Chapter 18.53,Conditional Use Procedure; facilities,and further development of sites assure that
2. Chapter 18.54,Planned Unit Development; these concerns are adequately and expediently
3. Chapter 18.56, Variance and Administrative addressed.
Interpretation Appeal Procedures. B. Amendments of Plans Approved Under this
D. Notice of City Approval Within Overlay Title.Any amendment or modification of a plan ap-
Districts.In order to inform adjacent property owners proved under the ordinance codified in this chapter
and residents that an application within an overlay (initially adopted)shall be submitted to the planning
district has been approved by the city, any site director for review and possible approval.Proposals
approved for construction or alterations within an for further development, reuse, or change in use of
overlay district shall be posted with a notice supplied sites developed pursuant to this title shall also be
by the planning office.The notice shall be posted in a reviewed as an amendment to an approved plan.All
conspicuous place on the site before any construction amendments shall be shown on a revised plan
begins and may be removed when the project is drawing.Amendments to approved plans shall be re-
substantially complete. The notice shall specify the viewed and may be approved by the planning di-
name of the owner of record, the address of the rector upon finding that the amended plan is in
property,a description of the scope of work approved substantial compliance with the originally approved
and the date of city approval. (Ord. 1514 (part), plan.If it is determined that the amended plan is not
2000: Ord. 1513 § 1 (Exh.A) (part),2000) in substantial compliance with the originally ap-
proved plan,the application shall be resubmitted as a
18.52.064 Building permits based upon new application and shall be subject to all plan
approved sketch or site plans. review and approval provisions of this chapter.
Based upon the approved sketch or site plan(here- C. Reuse, Change in Use, or Further Develop-
inafter referred to as "plan"), and after any appeals ment of Sites Developed Prior to the Adoption of the
have been resolved, a building permit for the site Ordinance Codified in This Title.
may be requested and may be granted pursuant to 1. Sites legally developed prior to the adoption
Chapter 18.62, provided such building permit is of the ordinance codified in this title shall be con-
granted within one year of plan approval. Prior to sidered to have developed under an approved plan.
lapse of one year, the applicant may seek an exten- Proposals for reuse, change in use, or the further
sion of one additional year from the planning direc- development of sites legally developed prior to the
tor. In such instances, the planning director shall adoption of the ordinance codified in this title may be
determine that the terms and circumstances have not approved by the planning director upon finding that
significantly changed since the initial approval.(Ord. no significant alteration of the previous use and site
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), are proposed,and upon review by the public service
2000) director to assure that adequate access and site
surface drainage are provided. All such proposals
18.52.070 Amendments to sketch and site shall be shown on a plan drawing as required by the
plans. planning director.
A. Intent. It is the intent of this section to assure 2. The criteria for determining that no significant
that issues of community concern are addressed alteration of the previous use and site will result from
396-33 (Bozeman 11-0])
18.52.080-18.53.020
the proposed reuse, change in use, or further Chapter 18.53
development of a site shall include but not be limited
to the following: CONDI<TiONAL USE PROCEDURE
a. The proposed use is allowed under the same
zoning district use classification as the previous use; Sections:
however, replacement of nonconforming uses must 18.53.010 Generally.
comply with the provisions of Section 18.50.160F; 18.53.020 Application for conditional use
b. Changes proposed for the site, singly or cu- permit—Notice requirements.
mulatively,do not increase lot coverage by buildings, 1853.030 City commission consideration
storage areas,parking areas or impervious surfaces and findings.
by more than twenty percent; 18.53.010 Notification of commission action.
c. Changes proposed for the site, singly or cu- 1853.050 Modification or enlargement of
mulatively, do not result in more than a twenty structures authorized under a
percent increase in intensity of use as measured by conditional use permit.
parking requirements, traffic generation or other
measurable off-site impacts; 18.53.010 Generally.
d. The proposed use does not continue any Certain uses, while generally not suitable in a
unsafe or hazardous conditions previously existing particular zoning district,may,under certain circum-
on the site or associated with the proposed use of the stances, be acceptable. When such circumstances
property. exist,a conditional use permit may be granted by the
3. If it is determined that the proposed reuse, city commission. Conditions may be applied to the
change in use, or further development of a site issuance of the permit and periodic review may be
contains significant alterations to the previous use required.The permit shall be granted for a particular
and/or site,the application shall be resubmitted as a use and not for a particular person or firm. No
new application and shall be subject to all plan conditional use permit shall be granted for a use
review and approval provisions of this chapter. which is not specifically designated as a conditional
4. When proposals for reuse, change in use, or use in this title.(Ord. 1514(part),2000:Ord. 1513 §
further development of a site are located in entryway 1 (Exh.A) (part),2000)
corridor or neighborhood conservation overlay
districts,review by the design review board may be 18.53.020 Application for conditional use
required to determine whether resubmittal as a new permit—Notice requirements.
application is necessary. (Ord. 1514 (part), 2000: A. The person applying for a conditional use
Ord. 1513 § 1 (Exh.A) (part), 2000) permit shall fill out and submit to the planning
director the appropriate form, with the required fee.
18.52.080 Appeals. The request for a conditional use permit shall follow
Appeals of decisions rendered in conjunction with the procedures and application requirements of
any plan review may be taken as set forth in Chapter Chapter 18.51 and Chapter 18.52.
18.58.In such event,any plan review approval shall B. In consideration of all conditional use permit
be stayed until the appeal process has been satisfied. applications, a public hearing shall be conducted by
(Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) the city commission. Notice of the city commission
(part),2000) public hearing for conditional use permit applications
shall be published at least once in the Bozeman Daily
Chronicle,the official newspaper of the city,posted
in at least one conspicuous location on the site in
question,and mailed to all owners of real property of
(soze=d 11-01) 396-34
18.53.030
record within two hundred feet of the site in question health, safety and general welfare. Such conditions
using last declared county real estate tax records,not may include but are not limited to:
more than forty-five days nor less than fifteen days a. Regulation of use,
prior to the scheduled public hearings and approvals, b. Special yards, spaces and buffers,
specifying the date,number,time and place for such c. Special fences, solid fences and walls,
hearings and approvals.It shall specify the name and d. Surfacing of parking areas,
address of the applicant,the name and address of the e. Requiring street,service road or alley dedica-
owner of record of the property,a legal description of tions and improvements or appropriate bonds,
the property affected,the street address or its location f. Regulation of points of vehicular ingress and
by approximate distances from the nearest major egress,
street or road intersections so the property can be g. Regulation of signs,
readily identified,and a brief statement of the nature h. Requiring maintenance of the grounds,
of the public hearing,public meeting and approvals. i. Regulation of noise, vibrations,odors,
The notice shall provide a map of the area in question j. Regulation of hours for certain activities,
so as to indicate its general location and proximity to k. Time period within which the proposed use
surrounding properties. shall be developed,
C_ If a rezoning is required prior to approval of a 1. Duration of use,
conditional use permit the application for rezoning m. Requiring the dedication of access rights,
and the conditional use permit may be filed and acted n. Other such conditions as will make possible
upon simultaneously, however the conditional use the development of the city in an orderly and effi-
permit shall not be effective until zoning has been dent manner.
approved by the city commission. (Ord. 1514(part), B. The commission shall,in addition to all other
2000: Ord. 1513 § I (Exh.A) (part),2000) conditions,impose the following general conditions
upon every conditional use permit granted:
15.53.030 City commission consideration and 1. That the right to a use and occupancy permit
findings. shall be contingent upon the fulfillment of all general
A. The city commission, in approving a condi- and special conditions imposed by the conditional
tional use permit, shall find as follows: use permit procedure;
1. That the site for the proposed use is adequate 2. That all of the special conditions shall consti-
in size and topography to accommodate such use, tute restrictions running with the land use, shall be
and all yards, spaces, walls and fences, parking, binding upon the owner of the land,his successors or
loading and Iandscaping are adequate to properly assigns,shall be consented to in writing,and shall be
relate such use with the land and uses in the vicinity; recorded as such with the Gallatin County clerk and
2. That the site for the proposed use relates to recorder's office by the property owner prior to the
streets and highways adequate in width and pave- issuance of any building permits, final site plan
ment type to carry the quantity and kind of traffic approval or commencement of the conditional use.
generated by the proposed use; C. Applications for conditional use permits
3. That the proposed use will have no adverse may be approved, conditionally approved or denied
effect upon the abutting property; by motion of the commission. If an application is
4. That the proposed use shall be in conformance denied,the denial shall constitute a finding that the
with the Bozeman master plan; applicant has not shown that the conditions
5. That the conditional use has complied with all required for approval do exist. (Ord. 1514(part),
conditions stipulated in Chapter 18.50; 2000: Ord. 1513 § 1 (Exh.A) (part), 2000)
6. That any additional conditions stated in the
approval are deemed necessary to protect the public
396-35 (Bozeman II-01)
18.53.040-18.54.020
1853.040 Notification of commission action. Street entryway corridors.
The applicant shall be notified in writing of the 18.54.110 North 19th Avenue(West Oak
action taken by the commission within seven busi- Street entryway corridors.
ness days of its action If the conditional use permit
has been granted,the permit shall be issued upon the 18.54.020 Intent of planned unit development.
signature of the planning director, and any con- It is the intent of the city through the use of the
ditions, automatic termination date, or period of planned unit development (PUD) concept, to pro-
review shall be stated on the permit. (Ord. 1514 mote maximum flexibility and innovation in the
(part), 2000: Ord. 1513 § 1 (Exh.A)(part), 2000) development of land and the design of development
projects within the city. Specifically, with regard to
1853.050 Modification or enlargement of the improvement and protection of the public health,
structures authorized under a safety and welfare,it shall be the intent of this title to
conditional use permit. promote the city's pursuit of the following commu-
Any proposed additions,enlargements or modifi- pity objectives:
cations of the structures approved in any conditional A. To ensure that future growth and development
use permit or any proposed extension of the use into occurring within city is in accord with the city's
areas not approved in any such permit, shall be adopted master plan, its specific elements and its
subject to Chapter 18.52 and Chapter 18.53 of this goals, objectives and policies;
title.(Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.A) B. To encourage innovations in land develop-
(part), 2000) ment and redevelopment so that greater opportunities
for high quality housing, recreation, shopping and
employment may extend to all citizens of the
Chapter 18.54 Bozeman area;
C. To foster the safe,efficient and economic use
PLANNED UNIT DEVELOPMENT of land and transportation and other public facilities;
D. To ensure adequate provision of public ser-
Sections: vices such as water, sewer, electricity, open space
18.54.020 Intent of planned unit and public parks;
development. E. To avoid inappropriate development of lands
18.54.030 Application and uses of a plannedd and to provide adequate drainage and reduction of
unit development. flood damage;
18.54.040 Special conditions of a planned F. To encourage patterns of development which
unit development. decrease automobile travel and encourage trip con-
18.54.050 Planned unit development review solidation, thereby reducing traffic congestion and
procedures and criteria. degradation of the existing air quality;
18.54.060 Plan submittal requirements. G. To promote the use of bicycles and walking as
18.54,070 Duration of planned unit effective modes of transportation;
development approval. H. To reduce energy consumption and demand;
18.54.080 Phasing of planned unit I. To minimize adverse environmental impacts
developments. of development and to protect special features of the
18.54.090 Enforcement of approval geography;
requirements and conditions. J. To improve the design, quality and character
18.54.100 Planned unit development design of new development;
objectives and criteria. K. To encourage development of vacant
1854.110 North 19th Avenue(West Oak properties within developed areas;
(Boze=a 11-01) 396-36
18.54.030-18.54.040
L. To protect existing neighborhoods from the subject of an application filed jointly by the owners
harmful encroachment of newer,incompatible deveI- of all the property to be included.
opments; B. Title Holdings.The approved final plan shall
M. To promote logical development patterns of specify the manner of holding title to areas and
residential, commercial, office and industrial uses facilities of joint use.Normally such areas and facil-
that will mutually benefit the developer, the neigh- ities shall be retained in title by the developers of the
borhood, and the community as a whole;and development or deeded to an organization composed
N. To promote efficient use of land resources, of all owners in the development.
bull use of urban services,mixed uses,transportation C. Residential Planned Unit Developments.The
options, detailed, and human-scale design. (Ord. permitted number of residential dwelling units shall
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), be determined by the provision of and proximity to
2040) public services and subject to the limitations in
Section 18.54.100E.
18.54.030 Application and uses of a planned D. Use of General Building and Development
unit development. Standards. All planned unit developments shall be
A. A planned unit development may be applied to reviewed against the general building and develop-
any development having one or more principal uses ment standards established in Chapter 18.50.
or structures on a single parcel of real property or However,in order to encourage creativity and design
contiguous parcels of real property. Any use or excellence that would contribute to the character of
combination of uses may be allowed in a planned the community,deviations from the requirements or
unit development provided such uses are consistent the standards of this title may be granted by the city
with the Bozeman master plan and relevant criteria in commission after considering the recommendations
subsection E of Section 1854.100. of the design review board and/or development
B. All planned unit developments shall consist of review committee. The PUD application shall be
a harmonious arrangement of uses,buildings,parking accompanied by written and graphic material
areas, circulation and open spaces. All planned unit sufficient to illustrate the initial and final conditions
developments shall be designed as an integrated unit, that the modified standards will produce. Such
in such a manner as to constitute a safe,efficient and written and graphic materials may include textual
convenient development. descriptions, renderings of proposed elevations or
C. Any planned unit development shall be con- landscapes, or similar materials. The city
sidered as a conditional use within the zoning district commission shall make a determination that the
in which it is to be located. deviation will produce an environment, landscape
D. The city commission retains final approval quality and character superior to that produced by the
authority for planned unit developments_ existing standards of this title, and which will be
E. All planned unit developments shall consistent with the intent and purpose of this chapter,
compliment or be harmonious with existing adjacent with the adopted goals of the Bozeman master plan
development.(Ord. 1514(part),2000:Ord. 1513§ I and with any relevant adopted design objectives plan.
(Exh. A)(part), 2000) Upon finding in favor of the deviation request the
city commission may grant deviations, above or
18.54.040 Special conditions of a planned unit below minimum or maximum standards respectively,
development. including the complete exemption from a particular
The following special conditions shall apply to standard, as established in this title. If the city
any planned unit development. commission does not find that the proposed modified
A. Single Ownership.The tract or parcel of land standards will create an environment, landscape
involved shall be either in one ownership or the quality and/or character superior to that produced by
396-37 (Bozeman 11-01)
18.54.054
the existing standards of this title,and which will be applications. The general outline of the planned unit
consistent with the intent and purpose of this chapter, development proposal, presented as graphic sketch
and with any relevant design objectives plan then no plans, shall be submitted by the applicant to the
deviation shall be granted. planning office at least ten days prior to the meeting
E. Establishing Additional Standards.In addition of the DRC and DRB. The outline shall be reviewed
to the general building and development standards, by the development review committee and design
the city shall have the right to establish general review board. Thereafter, the planning office shall
design standards, guidelines and policies, for the furnish the applicant with written comments
purpose of implementing and interpreting the regarding such submittal, including appropriate
provisions of this chapter. recommendations to inform and assist the applicant
F. Conformance to Sign Code. All signs pro- prior to preparing the components of the planned unit
posed in conjunction with a planned unit develop- development application. If any subdivision of the
ment shall be reviewed against the provisions of the tract(s) in question is proposed, a subdivision
Bozeman sign code,Chapter 18.65.All signage must preapplication plat application shall be submitted for
be approved as part of the PUD and shall be designed review concurrently with the PUD concept plan
as an integral element of the overall planned unit application, subject to the requirements and
development. Approval of signs within a planned limitations of Title 16,Subdivisions, of this code.
unit development shall rest upon a finding by the city B. Preliminary Plan Approval.Submittal of suffi-
commission,as proved by the specific proposal,that cient information to permit review of the land use
the intent of the sign code is achieved. Signs which relationships, densities, and the type, size and loca-
do not comply with Chapter 18.65 must receive a tion of the principal design elements of the planned
deviation. (Ord. 1514 (part), 2000: Ord. 1513 § 1 unit development by the development review
(Exh.A)(part), 2000) committee, design review board, and city com-
mission. A planned unit development that will be
18.54.054 PIanned unit development review developed in phases must submit either a preliminary
procedures and criteria. plan for all phases or else submit a preliminary plan
Approval of a planned unit development shall con- for the initial phase or phases and submit de-
sist of three procedural steps: velopment guidelines for all subsequent phases.
A. Concept Plan Review. Discussion with the 1. Application Process. Upon completion of
development review committee,design review board concept plan review and receipt of the planning
and planning staff of the applicant's proposal and any office's comments on the concept plan,an application
requirements, standards or policies that may apply; for preliminary plan approval may be filed with the
this step represents an opportunity to identify any planning office. If the project is to be developed in
major problems that may exist and identify solutions phases and all phases are not fully detailed in the
to those problems before formal application. preliminary plan, development guidelines shall be
1. A concept plan review is mandatory for all required for all phases not fully detailed. If any
planned unit development proposals. subdivision of the tract(s)in question is proposed,a
2. Review Procedures. This is an opportunity for subdivision preliminary plat application shall be
applicants to discuss requirements, standards and submitted for review concurrently with the FUD
policies that apply to development proposals and to preliminary plan application, subject to the
identify major problems, so that they can be solved requirements and limitations of Title 16,
before a formal application is made. Concept plan Subdivisions, of this code.
review meetings will be held by the development 2. Public Hearings and Meetings. Public
review committee and the design review board and hearings and/or public meetings before the DRC,
will provide guidance for planned unit development DRB,and city commission for any preliminary plan
(33mcman 1I-01) 396-38
18.54.050
application, and public notice of such hearings and c. The final plan does not decrease the open
meetings, shall be provided in accordance with space.
Section 18.51.020 and Section 18.53.020 of this title. d. The final plan does not contain changes that
3. Review Criteria. In order to approve an do not conform to the requirements of this title,
application for a planned unit development the city excluding properly granted deviations,the applicable
commission shall find that the application is in objectives and criteria of Section 18.54.100,or other
conformance with Chapters 18.49, 18.50, and all objectives or criteria of this title.
applicable objectives and criteria of Section 3. Final Plan Approval. The DRC and ADR
18.54.100 and the criteria in Section 18.53.030 staff may approve the proposed planned unit
unless an appropriate deviation is granted. development if it conforms with the approved
4. Recommendations. The DRC and DRB shall preliminary plan in the manner described above.
recommend the approval, conditional approval or Prior to final plan approval, the DRC or ADR staff
denial of the preliminary plan to the city commission may request a recommendation from the DRB or city
and shall include in such recommendation the commission regarding any part of a proposed final
findings upon which such recommendation was plan.
determined. 4. Amendments to Final Plan. Building permits
5- Preliminary Plan Approval. The city and other development approvals shall be issued on
commission,after conducting a public hearing,may the basis of the approved final plan and any
approve, disapprove or approve with conditions the conditions of approval. No city administrative
proposed planned unit development. personnel are permitted to issue permits for
C. Final Plan Approval.The final plan must be in improvements which are not indicated on the
compliance with the approved preliminary plan approved final plan with the exception of the
and/or development guidelines except as provided for following:
in subsection (C)(4)(a) of this section, and shall be a Minor Changes.
reviewed and approved by DRC and ADR staff. i. Minor changes to a planned unit development
1. Application Process. Upon approval or may be approved administratively and in writing, if
conditional approval of a preliminary plan by the city at all, by the planning director,whereupon a permit
commission, and the completion of any conditions may be issued. Such changes may be authorized
imposed in connection with that approval, an without additional public hearings, at the discretion
application for a final pian approval may be of the planning director. This provision shall not
submitted. prohibit the planning director from requesting a
2. Review Criteria. Compliance with recommendation from the DRB,DRC,ADR staff,or
Preliminary PIan. For approval to be granted the city commission.
final plan shall be in compliance with the approved ii. Minor changes shall not significantly affect
preliminary plan. This shall mean that all conditions the location and placement of buildings,the shape or
imposed by the city commission as part of its arrangement of lots and blocks, cause a change of
approval of the preliminary plan have been met and: uses, reduce or relocate the allocation of reserved
a. The final plan does not change the general use open space, increase density and/or intensity of the
or character of the development. project or, in general, change the overall design or
b. The final plan does not increase the amount of intent of the project;
improved gross leasable nonresidential floor space by b. Major Changes.
more than two percent and does not increase the i. Major changes to a planned unit development
number of residential dwelling units by more than shall be approved, if at all, only by the city
two percent and does not exceed the amount of any commission, and must follow the same planned unit
density bonus approved with the preliminary plan.
396-39 (Bozeman[t-o])
18.54.060
development review and public hearing process 1. Document Requirements.The following infor-
required for approval of preliminary plans. mation shall be presented in an eight and one-half
ii. Major changes shall be defined as follows: inch by eleven inch vertically bound document.The
(A)A change in the character of the development, document shall be bound so that it will open and lie
(B) An increase of greater than two percent in the flat for reviewing and organized in the following
approved number of residential dwelling units, order:
(C) An increase of greater than two percent in the a. Application forms,
improved gross leasable floor areas of retail,service, b. A list of names of all general and limited
office and/or industrial buildings, partners and/or officers and directors of the corpora-
(D)A reduction in the approved open space, tion involved as either applicants or owners of the
(E) A change in the location and placement of planned unit development,
buildings. (Ord. 1531 § 17, 2001: Ord. 1514 (part), c. A statement of planning objectives,including:
2000: Ord. 1513 § 1 (Exh.A)(part), 2000) i. Statement of applicable city land use policies
and objectives achieved by the proposed plan and
18.54.060 PIan submittal requirements. how it furthers the implementation of the Bozeman
For each stage of the review process,the informa- master plan,
tion and data described below shall be submitted ii. Statement of:
unless the planning director determines that the (A) Proposed ownership of open space areas and
information is unnecessary for the proper evaluation (B) AppIicant's intentions with regard to future
of the development based on the findings of the ownership of all or portions of the planned unit
concept plan review. Only after the planning office development,
has determined that all required information has been iii. Estimate of number of employees for busi-
submitted will the application be processed. ness, commercial and industrial uses,
A. Submittal Requirements for Concept Pians. iv. Description of rationale behind the assump-
Twenty copies of the following information and data tions and choices made by the applicant,
shall be submitted for concept plan review,unless a v. Where deviations from the requirements of
smaller number of copies is allowed by the planning this title are proposed the applicant shall submit evi-
office: dente of successful completion of the applicable
1. Data regarding site conditions,land character- community design objectives and criteria of Section
istics,available community facilities and utilities and 18.54.100. The applicant shall submit written
other related general information about adjacent land explanation for each of the applicable objectives or
uses and the uses of land within one-half mile of the criteria as to how the plan does or does not address
subject parcel of land; the objective or criterion.The planning director may
2. Conceptual(sketch)drawing showing the pro- require, or the applicant may choose to submit,
posed location of the uses of land,major streets and evidence that is beyond what is required in that
other significant features on the site and within one- section.Any element of the proposal that varies from
half mile of the site; the criterion shall be described,
3. A computation table showing the site's pro- vi. Detailed description of how conflicts between
posed land use allocations by location and as a land uses of different character are being avoided or
percent of total site area. mitigated,
B. Submittal Requirements for Preliminary Plans. vii. Statement of design methods to reduce energy
Twenty-five copies of the following information and consumption, (e.g., home/business utilities, trans-
data shall be submitted for preliminary plan review, portation fuel, waste recycling),
unless a smaller number of copies is allowed by the d. A development schedule indicating the ap-
planning office: proximate date when construction of the planned unit
(Bozeman 11-01) 396-40
18.54.060
development,or stages of the same,can be expected within two hundred feet of the proposal,exclusive of
to begin and be completed, including the proposed public right-of-way at the same scale as the proposal
phasing of construction of public improvements and and including the following:
recreational and common space areas, i. Land uses and location of principal structures,
e. One reduced version of all preliminary plan ii. Densities of residential uses,
and supplemental plan maps and graphic illustrations iii. Existing trees and major features of landscape,
at eight and one-half by eleven inches or eleven by iv. Topographic contours at two-foot intervals,
seventeen inches size; unless otherwise permitted by the planning director,
2. Site Plan Requirements. A site plan of the g. Supplemental Vicinity Map.Vicinity map of
proposed development drawn at a scale of not less the area surrounding the site within a distance of at
than one inch equals one hundred feet,composed of least two hundred feet showing_
one or more sheets with an outer dimension of i. Zoning districts,
twenty-four by thirty-six inches, showing the ii. Location of existing municipal boundary lines,
information required for site plans in Section iii. Traffic circulation system,
18.52.030D plus the following additional informa- iv. Major public facilities including schools,
tion: parks,trails, etc.,
a. Percentage and square footage of public street h. Attorney's or owner's certification of owner-
right-of--way, ship,
b. Percentage and square footage and boundaries 3. Supplemental Plan Requirements.
of active recreational use area(s), common open a. Viewsheds.
space, and all public and semi-public land uses, i. Looking onto and across the site from areas
including parks,school sites,and similar uses, around the site, describe and map the views and
c. Location of existing and proposed pedestrian vistas from adjacent properties that may be blocked
circulation system, including its interrelationships or impaired by development of the site,
with the vehicular circulation system,indicating the ii. Describe and map areas of high visibility on
proposed treatment of points of conflict. Provision the site as seen from adjacent off-site locations,
for handicapped accessibility, including but not b. Recreation and Trails. Describe and map all
Iimited to wheelchair ramps, parking spaces, hand- existing and proposed trails, parks and recreation
rails, and curb cuts, including construction details areas within one-quarter mile of the site. State the
and the applicant's certification of ADA compliance, size (in acres) and functions of the parks and
d. The existing and proposed circulation system recreation areas identified,
of arterial, collector and local streets, including: (i) c. Historic Resource. Describe and map any
off-street parking areas; (ii)service areas; (iii)load- historic structures or historic districts on the site or
ing zones; and (iv) major points of access to public within two hundred feet,
rights-of-way,including major points of ingress and d. Street Cross Sections if Different From City
egress to the development. Notations of proposed Standards. Street cross-section schematics shall be
ownership, public or private, should be included submitted for each general category of street,includ-
where appropriate, ing:
c. The proposed treatment of the perimeter of the i. The proposed width,
planned unit development, including materials and ii. Treatment of curbs and gutters,
techniques used,such as screening,fences,walls and iii. Sidewalk systems, and
other landscaping, iv. Bikeway systems, where alternatives to the
f. Adjacent Site Information.Area shown on the design criteria and standards of the city are proposed,
site plan shall extend beyond the property lines of the e. Physiographic data, including the following:
proposal to include a survey of the area and uses
396-41 (Bozeman 11-01)
1.8.54-060
i. A description of soils existing on the site, sis to include the information in Section I6.18.050D
accompanied by analysis as to the suitability of such BMC:
soils for the intended construction and proposed j. Additional Studies and Plans. If the
landscaping, development's compliance with the community
ii. A description of the hydrologic conditions of design objectives and criteria is under question, the
the site with analysis of water table fluctuation, city commission may require additional impact
including measurements taken at times of minimum studies or other plans as deemed necessary for
depth to groundwater, and a statement of site providing thorough consideration of the proposed
suitability for intended construction and proposed planned unit development;
landscaping, k. A proposed draft of a legal instrument
iii. Locate and identify the ownership of existing containing the creation of a property owner's
wells or well sites within four hundred feet of the association sufficient to meet the requirements of
site, subsection (C)(4)(d) of this section shall be
f. Drainage Plan.In addition to all drainage and submitted with the preliminary plan application.
hydrologic information required in Section C. Submittal Requirements for Final Plans.
18.52.030D, a detailed preliminary drainage report, 1. Application form.
calculations and/or plan shall be submitted, includ- 2. A list of names of all general and limited
ing: partners and/or officers and directors of the corpora-
i. All drainageways,streets,arroyos,dry gullies, tion involved as either applicants or owners of the
diversion ditches, spillways, reservoirs, etc., which planned Unit development.
may be incorporated into the storm drainage system 3. Site Plan Submittal Requirements.
for the property shall be designated, a. A final plan site plan shall be submitted on a
ii. All plans shall indicate the proposed outlet for twenty-four by thirty-six inch sheet(s) at the same
the storm drainage from the property, including: scale as the approved preliminary plan.If a different
(A) The name of the drainageway (where appro- scale is requested or required,a copy of the approved
priate), preliminary plan shall be submitted that has been en-
(B) The downstream conditions(developed,avail- Iarged or reduced to equal the scale of the final plan.
able drainageways,etc.), and However, only the scales permitted for the
(C) Any downstream restrictions, preliminary plans shall be permitted for final plans.
g. Temporary Facilities Plan. A plan of the site b. The final plan site plan shall show the fol-
showing the location of all temporary model homes, lowing information:
sales offices and/or construction facilities,including i. Land use data(same information as required
temporary signs and parking facilities, on the preliminary site plan);
h. Preliminary Subdivision Plat. If the project ii. Lot lines, easements, public rights-of-way as
involves or requires platting, a preliminary subdivi- per subdivision plat;
sion plat, subject to the requirements of the city's iii. Attorney's or owner's certification of owner-
subdivision ordinance, shall be submitted, ship;
i. Traffic Impact Analysis. At the discretion of iv. Planning director certification of approval of
the public service director a traffic impact analysis the site plan and its conformance with the prelimi-
shali be prepared based upon the proposed develop- nary plan;
ment.The analysis shall include provisions of the ap- v. Owner's certification of acceptance of condi-
proved development guidelines, and shall address tions and restrictions as set forth on the site plan,
impacts upon surrounding land uses. The public 4. Supplemental Plans.
service director may require the traffic impact analy- a. Final Landscape Plan.A final landscape plan
consistent with the conditions and restrictions of the
rBaz�roan�i-a�) 396-42
18.54.060
approved preliminary plan shall be submitted.It shall (F) The governing board of any such association
also be consistent with the city landscape ordinance, shall consist of at least five members who shall be
Section 18.50.100,except that any stated conditions owners of property in the planned unit development.
and restrictions of the preliminary plan approval shall ii. Open Space Maintenance Guarantee.
supersede the landscape ordinance, (A)In the event the organization or any successor
b. Final Subdivision Plat.An official final subdi- organization established to own and maintain com-
vision plat of the site must accompany the final mon open spaces, recreational areas, communally
planned unit development plan when applicable. owned facilities and private streets,shall at any time
Approval by the city of the final subdivision plat fail to maintain the common facilities in reasonable
shall be required before issuance of building permits. order and condition in accordance with the approved
c. Final Utility Plans.Prior to submission of the plan, the city commission may cause written notice
final plan to the DRC and ADR staff, engineering to be served upon such organization or upon the
plans and specifications for sewer, water, street owners of property in the development setting forth
improvements and other public improvements, and the manner in which the common facilities have
an executed improvements agreement in proper form failed to be maintained in reasonable condition,
providing for the installation of such improvements, which notice shall include the demand that the defi-
must be submitted to and approved by the city, ciencies noted be cured within thirty days thereafter
d. Open Space Maintenance Plan, and shall state the date and place of a hearing to be
i. Maintenance of Community Open Spaces.The held within fourteen days of the notice. At the time
developer shall submit a legal instrument setting of hearing, the city commission may modify the
forth a plan providing for the permanent care and terms of the original notice as to deficiencies and
maintenance of open spaces, recreational areas, may extend the time within which the same may be
communally owned facilities, and parking lots.The cured. If the deficiencies set forth in the original
same shall be submitted to the city attorney and shall notice or modifications are not cured within the time
not be accepted by the city until approved as to legal set, the city commission in order to preserve the
form and effect.If the common open space is deeded taxable values of properties within the development
to a homeowner's association,the applicant shall file and to prevent the common facilities from becoming
the proposed documents governing the association. a public nuisance, may enter upon such common
Such documents shall meet the following facilities and maintain the same for a period of one
requirements: year. Such entry and maintenance shall not vest in
(A) The property owners' association must be the public any right to use the common facilities not
established before any residences are sold; dedicated to public use. Before expiration of such
(B) Membership in the association must be man- year,the commission shall,upon its own initiative or
datory for each residence owner; upon written request of the organization theretofore
(C) Open space restrictions must be permanent responsible for maintenance, call a public hearing
and not for a period of years; and give notice of such hearing to the organization
(D) The homeowners' association must be made responsible for maintenance or the property owners
responsible for liability insurance,taxes and mainte- of the planned unit development.At such hearing,the
nance of recreational and other facilities; organization responsible for maintenance and/or the
(E) The association must have the power to levy residents of the development may show cause why
assessments which can become a lien on individual maintenance by the city should not be continued for a
premises for the purpose of paying the cost of oper- succeeding year.If the city commission determines
ating and maintaining common facilities; 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.
396-43 (Bozeman I1-o1)
18.54.070-18.54.080
Otherwise the city shall continue maintenance for the applicant at least thirty days prior to the date of
next succeeding year subject to a similar hearing and expiration.Failure to submit a written request within
determination at the end of each year thereafter. the specified time period shall cause forfeiture of the
(B)The cost of maintenance by the city shall be a right to extension of preliminary approval.
lien against the common facilities of the planned unit 4. If no final plan(s) is filed covering all or any
development and the private properties within the portion of the preliminary plan within the above time
development. The city commission shall have the limits,the right to proceed under the preliminary plan
right to make assessments against properties in the shall expire for any portion of the preliminary plan
development on the same basis that the organization for which a final plan has not been timely filed.
responsible for maintenance of the facilities could B. Duration of Final Plan Approval.
make such assessments.Any unpaid assessment shall 1. The applicant must undertake and complete
be a lien against the property responsible for the the development of an approved final plan within two
same, enforceable the same as a mortgage against years from the time of final approval. For the
such property.The city may further foreclose its lien purposes of this section, a development is substan-
on the common facility by certifying the same to the tially complete once all engineering improvements
county treasurer for collection as in the case of (water,sewer,streets,curbs,gutter,street lights,fire
collection of general property taxes, hydrants and storm drainage)are installed and com-
iii. Guarantee for Open Space Preservation.Open pleted in accordance with city rules and regulations.
space shown on the approved final plan shall not be Extensions for two successive periods of six
used for the construction of any structures not shown months may be administratively granted by the
on the final plan.(Ord. 1.514(part),2000:Ord. 1513 planning director. The granting of administrative
§ 1 (Exh.A) (part),2000) extensions under this section may,at the discretion of
the planning director, be referred to the city
18.54.070 Duration of planned unit commission.
development approval. 2. Any additional six-month extensions to the
A. Duration of Preliminary Plan Approval. planned unit development shall be approved,if at all,
1. Within a maximum of one year following the only by the city commission.A request for extension
approval of a preliminary plan for multiuse and/or of final approval under this section must be
multiphase PUDs and within a maximum of six submitted to the planning director in writing by the
months following the approval of a preliminary plan applicant at least thirty days prior to the date of
for single-use PUDs which are not phased, the expiration.Failure to submit a written request within
applicant shall file with the planning department a the specified time period shall cause forfeiture of the
final plan(s) in detailed form covering all or part of right to extension of final approval.Failure to devel-
the development. op within the specified time limit and improvement
2. Upon application and for good cause, the requirements shall cause a forfeiture of the right to
planning director may administratively extend the proceed under the final plan and require resubmis-
period for filing a final plan for two successive six- sion of all materials and reapproval of the same
month periods.The granting of administrative exten- through the preliminary plan procedures_(Ord. 1514
sions under this section may, at the discretion of the (part),2000: Ord_ 1513 § 1 (Exh. A) (part),2000)
planning director,be referred to the city commission.
3_ Any additional six-month extensions to the 18.54.080 Phasing of planned unit
planned unit development shall be approved,if at all, developments.
only by the city commission.A request for extension A. Applications for Phased Planned Unit Devel-
of preliminary approval under this section must be opments. If a planned unit development is intended
submitted to the planning director in writing by the
(Bozeman 11.01) 396-44
18.54.080
to be developed over time in two or more separate tion has been made, application for approval of a
phases,application for approval of a phased planned master plan and development guidelines may be
unit development shall follow procedures established made in accordance with phased PUD approval
for concept plan review as outlined in this chapter. procedures as set forth below,
After concept plan review is completed, phased B. Phased PUD Approval Process.Master plans
PUDs may be proposed in accordance with one of and development guidelines shall be reviewed and
three procedures: approved according to the procedures established for
1. Application for Simultaneous Approval of All preliminary plans as established in this chapter.
Phases of the PUD. When a master plan and development guidelines for
a. Where all phases of a PUD are planned in a phased PUD have been reviewed and approved by
detail,an application for approval of all phases of the the city commission,each phase of the PUD may be
PUD may be made in accordance with preliminary developed in accordance with the review and
plan review and approval procedures outlined in this approval procedures set forth in this chapter for final
chapter. In such cases, preliminary plans and all re- plan reviews.
quired supplemental information shall clearly set C. Phased PUD Review Criteria.
forth phased development boundaries,schedules,and 1. In general, the review criteria for phased
other details pertaining to the phasing of the project. PUDs shall be the same as that for PVDs as set forth
b. Upon approval of the preliminary plan for all in Sections 18.54.050(8)(2)and 18.54.050(C)(2)of
phases of the PUD, each phase of the development this code.
may occur in accordance with the review and ap- 2. In those cases where master plans and devel-
proval procedures for final plans as specified in this opment guidelines are proposed to govern the devel-
chapter. opment of future phases of the PUD, the city com-
2. Application for Approval of Initial Phase of mission must determine that the proposed master
the PUD, With Subsequent Phases Master Planned plan and development guidelines are provided in
and Subject to Development Guidelines. Where the sufficient detail to support a finding that the phased
applicant wishes to gain preliminary and final ap- PUD will comply with all requirements for PUD ap-
proval for the initial phase(s) of a PUD, and further proval if developed in accordance with the approved
wishes to gain master pian and development guide- master plan and development guidelines.
lines approval for subsequent phases of the PUD, 3. DRB or ADR staff, as applicable, and DRC
preliminary and final plan review and approval review and approval of preliminary and final plans
procedures for the initial phase(s) shall be followed for those phases of a PUD which have an approved
in accordance with this chapter. A master plan and master plan and development guidelines shall assure
development guidelines for the remaining phases of compliance and consistency with said master plan
the development shall be provided for review and and development guidelines.
approval as outlined below. 4. Should DRC or DRB or ADR staff, as appli-
3. Application for Approval of a Phased PUD cable, determine that proposals to develop subse-
Based Only Master Plan and Development Guide- quent phases of a PUD are not in compliance with
lines. Applications for approval of a phased PUD the approved master plan and development guide-
without detailed plans for any phase shall not gener- Iines,the determination may be appealed to the city
ally be accepted. However, under unique circum- commission subject to the provisions of Chapter
stances and for good cause shown, the planning 18.58 of this code.
director may determine that an application for ap- D. Phased Planned Unit Development Submittal
proval of a master plan and development guidelines Requirements.
for a phased PUD may be submitted without a pre-
liminary plan for any phase.When such a determina-
396-45 (Bozeman 11-01)
18.54.080
1. Master Plan Submittal Requirements.Master g. Design guidelines for outdoor storage and/or
plans for phased PUDs shall consist of a detailed site display;
plan depicting: h. Protective covenants which may include re-
a. Existing conditions for the entire:phased PUD quirements, owners' association provisions, provi-
as required by subsections B and C of Section sions for maintenance,etc.;
18.54.060; and i. Parking: guidelines for design, provision for
b. Proposed conditions pertaining to such ele- shared facilities, circulation between lots,and coor-
ments as building location, open spaces, vehicular dination with sidewalk system,service areas;
and pedestrian circulation, and boundaries of the j. Dimensional requirements: building heights,
individual phases of the PUD in as much detail as is setbacks(interior and perimeter), open space,etc.;
required by the findings of the concept plan review k. Lighting;
as outlined in this chapter. 1. Architectural guidelines;
2. Development Guidelines Submittal Require- in. Provisions for utilities, communications and
ments. Development guidelines for phased PUDs refuse;
shall be submitted to the planning director as part of n. Guidelines for noise,emissions,glare,hazard-
the application submittal in one or more orderly ous materials, etc.; and
documents. Each document shall contain a table of o. Improvements schedule.
contents and shall be in an eight and one-half by E. Open Space Provisions for Pleased PUD De-
eleven inch vertical format, bound to open flat for velopments.If a project is to be built in phases,each
review. All graphic representations shall be in eight phase shall include an appropriate share of the pro-
and one-half by eleven inch or eleven by seventeen posed recreational, open space, and other site and
inch format. Development guidelines for phased building amenities of the entire development. The
PUDs shall contain the information as is required by appropriate share of the amenities for each phase
the findings of the concept plan review as outlined in shall be determined for each specific project at the
this chapter.Such information may include,but is not time of preliminary approval and shall not be based
limited to,the following: solely upon a proportional or equal share for the
a. A description of submittal requirements and entire site. Requirements may be made for off-site
review procedures for the approval of preliminary improvements on a particular phased project.
and final plans submitted in accordance with the F. Final Plans for Phased PUD Developments.
master plan and development guidelines (to be de- Final plans for a planned unit development may be
veloped with the assistance of staff); submitted in phases.The final plan shall conform to
b. A description of the coordination with any the preliminary plan of a planned unit development,
other applicable review procedures,e.g.,subdivision as approved.
review; G. Duration of Phased PUD Development
c. A complete list of proposed or potential land Guidelines Approval. Within a maximum of five
uses; years following the approval of development guide-
d. Sign guidelines: type(s), location, design, lines for a planned unit development, development
illumination, size and height; must commence or the development guidelines must
e. Perimeter buffering guidelines with specific be reviewed for renewal.Any subsequent approvals
regard to adjoining land uses; of a preliminary plan must conform to the devel-
f. Landscaping guidelines, including a descrip- opment guidelines. (Ord. 1514 (part), 2000: Ord.
tion of the landscaping theme in relation to the 1513 § 1 (Exh.A) (part), 2000)
streetscape, the buildings on site, and any proposed
signage open space treatment parking and circulation
areas, display areas, and screening;
(Bozeman 11-DO 396-46
18.54.090-18.54,100
18.54.090 Enforcement of approval require- planned unit developments, the city may determine
ments and conditions. that certain criteria are not applicable or are
The occurrence of either of the following events irrelevant to a particular development proposal and
may subject the applicant to the enforcement reme- therefore do not apply to that proposal unless those
dies contained in Chapter 18.70 of this code: criteria are applicable to a deviation which is being
A. Failure to comply with any terms,conditions sought by the applicant.
or limitations contained on the site plan, landscape C. Evaluation Process. The acceptability and
plan, building elevations or other approved docu- performance of a planned unit development proposal
ments pertaining to a planned unit development shall be evaluated as follows: Each of the relevant
which has received final approval from the city. objectives and criteria for the applicable land use
B. Failure to comply with any conditions on classification and for all development contained in
record imposed by the city commission upon its re- subsection E of this section will be answered Yes,No
view of the master or preliminary plans or any or Not Applicable(NA).A No response to any of the
conditions imposed by the DRC or ADR through the applicable objectives and criteria will automatically
review of the final plan for the planned unit preclude the development proposal from further
development under the provisions of this PIanned consideration and eventual approval, unless a vari-
Unit Development Ordinance,Chapter 18.54 of this ante is granted by the city commission.An objective
title.(Ord. 1514(part),2000:Ord. 1513 § I (Exh.A) or criterion is considered to be applicable if it can
(part), 2000) reasonably be applied to the development proposal.
The applicant shall clearly demonstrate how the
18.54.100 Planned unit development design planned unit development specifically addresses each
objectives and criteria. applicable objective and criterion.
A. General, For any planned unit development D. Responsibility for Impact Mitigation.To pro-
proposal to be approved it must first be found,by the tett the character of new and existing neighborhoods
city commission, after recommendation from the against intrusive and disruptive development, any
DRC and DRB, to be in compliance with this title negative or adverse impacts shall be effectively
including any applicable criteria of this section. mitigated in the planned unit development plan, as
B. Land Use Classifications. per the following guidelines:
1. The design objectives and criteria with which 1. When two adjacent parcels are developed
a planned unit development proposal must comply simultaneously, the responsibility for mitigating
are dependent upon the designated land use clas- conflicts is upon the more intense use.
sification of the site proposed for the planned unit 2. When a use is the first to develop on two
development. adjacent vacant parcels,the first use shall provide the
2. Subsection E of this section contains four necessary buffer to any reasonable future use as
groups of objectives and criteria against which determined by the city.
planned unit developments are reviewed only when 3. The second use to develop shall, at the time it
deviations from the standards of this title are sought. develops, take all additional steps necessary to
All planned unit developments are reviewed against mitigate conflicts.
the objectives and criteria designated for all develop- 4. However, when a planned unit development
ment. Each individual planned unit development is includes a use or uses which are not otherwise per-
then reviewed against the objectives and criteria mitted in the underlying zoning district, the respon-
established for the land use classification(s) of the sibility for impact mitigation shall lie exclusively
site on which the proposal is to be located.A planned with the planned unit development proposal.
unit development must satisfy all the objectives and E. Design Objectives and Criteria Evaluation
criteria of all applicable groups. In evaluating Fortes.
396-47 (Bozeman 11-01)
18.54.100
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 subsection.
2. The following forms will be used in evaluat-
ing all planned unit development a lications:
X ALL DEVELOPMENT
Application:
All land uses within a proposed planned unit development shall be reviewed against, and comply with,the
aP21icable objectives and criteria of the mandato "All Develo mene'group.
Required Criteria: Yes No NA
Neighborhood Compatibility
1. Is the development compatible with,and sensitive to,the immediate environment
of the site and the adjacent neighborhoods relative to architectural design,building
bulk and height,neighborhood identity,landscaping,historical character,orientation
of buildings on the site and visual integration?
Public Facilities,Services and Transportation
2. Does the development comply with all city design standards, requirements and
specifications for the following services:
Water supply Trails/walks/bikeways
Sanitary supply Irrigation companies
Fire protection Electricity
Flood hazard areas Natural gas
Telephone Storm drainage
Cable television Streets
Natural Resources
3. Does the project preserve or replace existing natural vegetation?
4. Have special precautions been taken to preserve existing wildlife habitats,natural
wildlife food services, or existing places, or are these areas being preserved?
5. If the proposed project is located within a locally designated historical district or
includes a locally designated landmark structure,is the project in conformance with
the city's Historic Preservation Ordinance?
Environmental Standards
6_ Is the exterior lighting,except for warning,emergency or traffic signals,installed
in such a manner that the light source is obscured to prevent excessive glare on
public streets and walkways or into any residential area?The installation or erection
of any lighting which may be confused with warning signals,emergency signals or
traffic signals shall not be permitted.
Site Design
7. Are the elements of the site plan(e.g.,buildings,circulation,open space and land-
scaping, etc.) arranged on the site so that activities are integrated with the organi-
zational scheme of the community and neighborhood?
(Bozeman 11-01) 396-48
18.54.140
Required Criteria: Yes No NA
8. Are the elements of the site plan(e.g.,buildings,circulation,open space and land-
scaping,etc.)designed and arranged to produce an efficient,functionally organized,
and cohesive planned unit development?
9. Is the design and arrangement of elements of the site plan(e.g.,buildings circula-
tion, open space and landscaping, etc.) in harmony with the existing natural
topography; natural water bodies and water courses;existing vegetation; and
14. Does the design and arrangement of elements of the site plan (e.g. building
construction, orientation, and placement; transportation networks; selection and
placement of landscape materials;and/or use of renewable energy sources,etc.)con-
tribute to the overall reduction of energy use by the project?
11. Are the elements of the site plan(e.g.buildings,circulation, open space and
landscaping,etc.)designed and arranged to maximize the privacy by the residents of
the project?
12. Open Space.
a. Does the design and arrangement of buildings and open space areas contribute to
the overall aesthetic quality of the site configuration;and
b. for non-residential projects is at least thirty percent of the project, inclusive of
yard setbacks and exclusive of required parking lot interior landscaping developed as
open space; or
c. for residential projects is at least thirty percent of the project developed as open
space through one or a combination of the following means:
i. is at least thirty percent of the project exclusive of yard setbacks and parking lot
interior landscaping developed as open space for the use of residents and their guests;
or
ii. is at least twenty-five percent of the project exclusive of yard setbacks and
parking lot interior landscaping developed as usable recreation space with a
corresponding public use easement, or
iii. is an area equal to twenty-five percent of the project exclusive of yard setbacks
and parking lot interior landscaping proposed to be added to an existing off-site park
adequate in location and size to meet the recreational needs of the resident?
13. Is the active recreational area suitably located and accessible to the residential
units it is intended to serve and is adequate screening provided to ensure privacy and
quiet for neighboring residential uses?
14. Is the pedestrian circulation system designed to assure that pedestrians can
move safely and easily both within the site and between properties and activities
within the neighborhood area?
15. Is the development being properly integrated into development and circulation
patterns of adjacent and nearby neighborhoods so that this development will not
become an isolated"pad"to adjoining development?
16. Does the pedestrian circulation system incorporate design features to enhance
convenience, safety and amenity across parking lots and streets, including,but not
limited to, avin atterns, Eade differences, landscaping and lighting?
396-49 (soeniaa]i-01)
18.54.100
Required Criteria: Yes No NA
17. Does the pedestrian and bicycle trail system adequately connect to the systems
in adjacent developments?
18. Does the landscape plan enhance the appearance of vehicular use,open space
and pedestrian areas which contribute to their usage and visual appearance?
19. Does the landscaping plan enhance the building(s)?
20. If the development is adjacent to an existing or approved public park or public
open space area,have provisions been made in the site plan to avoid interfering with
public access to that area?
2 RESIDENTIAL
Application:
Planned unit developments in residential areas (R-S, R-1, R-2, R-2-A, R-3, R-3-A, R-4, and R-O zoning
districts) may include a variety of housing types designed to enhance the natural environmental, conserve
energy, recognize and, to the maximum extent possible, preserve and promote the unique character of
neighborhoods,with provisions for a mix of limited commercial development.For purposes of this section,
"limited commercial development" means professional offices and other permitted use listed in the B-1
neighborhood service district(Chapter 18.28),within the parameters set forth below.All uses within the PUD
must be sited and designed such that the activities present will not detrimentally affect the adjacent residential
net hborhood.
Required Criteria: Yes No NA
Each of the following applicable criteria must be answered"yes" and implemented
within the development plan.
1. On a net acreage basis,is the average residential density in the project(calculated
for residential portion of the site only),consistent with the development densities set
forth in the land use guidelines of the Bozeman master plan?
2. Does the project provide for private outdoor areas(e.g.,private yards,patios and
balconies, etc.) for use by the residents and employees of the project which are
sufficient in size and have adequate light, sun, ventilation, privacy and convenient
access to the household or commercial units they are intended to serve?
3. Does the project provide for outdoor areas for use by persons living and working
in the development for active or passive recreational activities?
4. If the project is proposing a residential density bonus as described below,does it
include a variety of housing types and styles designed to address communitywide
issues of affordability and diversity of housing stock?
5. Is the project within two thousand feet of an existing or approved neighborhood
service center, public school, day care center, major employment center, or public
neighborhood or community park?
6. Is the overall project designed to enhance the natural environment,conserve ener-
and to provide efficient public services and facilities?
(Bozeman 11-01) 396-50
18.54.100
Required Criteria: Yes No NA
8. If the project is proposing a residential density bonus (thirty percent maximum)
above that which is set forth below,does the proposed project exceed the established
regulatory design standards(such as for setbacks,off-street parking,open space,etc.)
and ensure compatibility,with adjacent neighborhood development?
ALLOWABLE RESIDENTIAL NET DENSITIES,WITHOUT BONUSES
Zone Net Density,as defined in Section 18.04.510
R-S One dwelling unit per acre
R-1 Four units per acre
R-2 Six units per acre
R-2-A Seven units per acre
R-3-A Ten units per acre
R-3 Twelve units per acre
R-4/R-0 Fifteen units per acre
9. If limited commercial development as defined above is proposed within the pro-
ject, is less than twenty percent of the gross area of the PUD designated to be used
for offices or neighborhood service activities not ordinarily allowed in the particular
residential zoning district?
10. If neighborhood service activities are proposed within the project,is a market
analysis provided demonstrating that less than fifty percent of the market required to
support proposed neighborhood service activities is located outside the immediate
area of the PUD and are the neighborhood services of a nature that does not require
drive-in facilities or justification for through traffic?
11. If the project contains limited commercial development as defined above,is
the project located at the intersection of arterial streets, or arterial and collector
streets?
12. If the project contains limited commercial development as defined above,has
the project been sited and designed such that the activities present will not detrimen-
tally affect the adjacent residential neighborhood and have the commercial activities
been developed at a scale compatible with residential development?
13. Does the overall PUD recognize and, to the maximum extent possible,
reserve and promote the unique character of neighborhoods in the surrounding area?
396-51 (Bozeman]l-ov
18.54.100
3 COMMERCIAL PUB
Application:
Planned unit developments in commercial areas(B-1,B-2,B-3 and B-P zoning districts)may include either
commercial or multi-household development;however, adequate but controlled access to arterial streets is
essential. Activities would include a broad range of retail and service establishments designed to serve
consumer demands of the city and Bozeman area.
Each of the following applicable criteria must be answered"yes"and implemented within the development
Elan.
Required Criteria: Yes No NA
1. If the project contains any use intended to provide adult amusement or entertain-
ment, does it meet the following requirements:
Is the use established,operated or maintained no less than five hundred feet from a
residential neighborhood,church and/or a school meeting all the requirements of the
compulsory education laws of the state of Montana?
Is the use established, operated or maintained less than five hundred feet from
another similar use?
2. Is the project contiguous to an arterial street, and has adequate but controlled
access been provided?
3. Is the project on at least two acres of land?
4. If the project contains two or more significant uses (for instance, retail, office,
residential,hotel/motel and recreation),do the uses relate to each other in terms of
location within the PUD,pedestrian and vehicular circulation,architectural design,
utilization 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 pedestrian access between on-site parking areas and
adjacent existing or future off-site parking areas 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 Bozeman master plan?
8. Does the project provide for outdoor recreational areas (such as additional land-
scaped areas,open spaces,trails,or picnic areas)for the use and enjoyment of those
living in, working in, or visiting the development?
(Bozeman 11-01) 396-52
18.54.110
4 INDUSTRIAL FUD
Application:
Planned unit industrial developments in industrial areas(M-i and M-2 zoning districts)may include employ-
ment,wholesaling,manufacturing and utility centers for the community;the particular types of uses will be
determined based upon its potential impact upon adjacent Iand uses and the intensity of development.
Required Criteria: Yes No NA
Each of the following applicable criteria must be answered"yes"and implemented
within the development plan.
1. Is the project located adjacent to an arterial or collector street that provides ade-
quate access to the site?
2. Is the project developed such that the Ieast 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 landscaping theme that will tie adjacent uses or projects
together?
4. Is the project being developed on land substantially surrounded by developed
property with existing services and utilities already available?
5. Does the project provide for outdoor recreational areas(e.g.,additional landscaped
areas,open space,trails,picnic areas)for the use and enjoyment of those working in
or visiting the development?
B. Application.Planned unit development provi-
(Ord. 1514 (part), 2000: Ord. 1513 § I (Exh. A) sions shall apply to all nonresidential development
(part), 2000)
18.54.110 North 19th AvenuetWest Oak Street
entryway corridors, proposals located in the North 19th Avenue and West
A. Intent and Purpose.It is the intent and purpose Oak Street entryway corridor areas as designated on
of this section to establish the planned unit the land use plan of the North 19tb Avenue/West
development(PUD)review procedures as a method Oak Street corridor master plan and on the official
to guide future growth and development within the city of Bozeman zoning map as follows:
area of the North 19th Avenue/West Oak Street 1. North 19th Avenue. (Class I and Class lI
Corridor Master Plan.It is further intended to ensure Corridor)All nonresidential development within the
that future growth and development will occur in North 19th Avenue entryway corridor between
accord with the goals and objectives of the North Durston Road and the North 19th Avenue-Interstate
19th Avenue/West Oak Street Corridor Master Plan 90 Interchange,measured six hundred sixty feet from
as a sub-area plan to the 1990 Bozeman Master Plan. the centerline of North 19th Avenue,exclusive of the
following:
396-53 (Bozeman 11-01)
18.54.110
Between Durston Road and the south boundary of E. Open Space Provisions.Sufficient open space
Covered Wagon Mobile Home Court, a Class H along the entryway corridors is necessary to provide
entryway corridor overlay classification shall be the urban streetscape and park-like setting envisioned
applied to the east side of North 19th Avenue,mea- by the community that is essential to the basic quality
sured three hundred thirty feet from the centerline of of life in Bozeman,and to create attractive entryways
North 19th Avenue. into the city:
2. West Oak Street. (Class I and Class It Corri- 1. General Standard. Development in the North
dor)All nonresidential development within the West 19th Avenue and West Oak Street entryway corridors
Oak Street entryway corridor between North 7th shall generally provide at least thirty percent of the
Avenue and Rose Park shall be applied within such project as developed open space, exclusive of
corridor as follows: required off-street parking lot interior landscape.
a. Between North 7th Avenue and North 19th Public streets located in dedicated public rights-of-
Avenue, measured six hundred and sixty feet from way shall be excluded from the gross area of land in
the centerline of West Oak Street; calculating open space requirements. However,
b. Between North 19th Avenue and the east private streets,driveways,off-street parking lots and
boundary of Rose Park, measured three hundred other private areas shall apply in determining the
thirty feet from the centerline of West Oak Street. total gross area.Open space in the yard setbacks for
C. PUD Review Procedures. Approval of a each zone may contribute to the thirty percent open
development proposal located in the North 19th space provision.
Avenue or West Oak Street entryway corridor shall Property Iocated outside,but adjacent to the entry-
be subject to the planned unit development review way corridor overlay,which provide linked common
procedures and shall consist of the three procedural open space areas, and contributes to the intent and
steps as required by Section 18.54.050,concept plan purpose of this section may be applied towards the
review, preliminary plan review and final plan open space provisions based on the merits of the
review. proposal and its ability to accomplish the goals and
D. Developmental Guidelines Submittal Require- objectives of the North 19th Avenue/West Oak Street
ments. Applications for PUD review in accord with corridor master plan.
this section shall submit developmental guidelines to 2. Reduction in Open Space. Reduction in the
the planning office as part of the preliminary plan thirty percent open space provision to not less than
application as required by Section 18.54.080D.2 of twenty-five percent of the development may be
this chapter, and shall in addition include the granted by the city commission after considering the
following: recommendation forwarded by the DRC and DRB.
1. Architectural guidelines: building orientation, The planning staff shall solicit comments and
off-street parking lot orientation, sign guidelines, recommendations from the design review board,
lighting,dimensional guidelines,mechanical equip- Bozeman tree advisory board, Bozeman recreation
ment screening, advisory board and other appropriate sources of
2. Landscape guidelines: entryway corridor professional expertise,which will also be forwarded
landscape guidelines, streetscape, off-street parking to the city commission. The criteria for granting a
lot screening,outdoor storage/display areas,perime- reduction in open space shall be based on the
ter buffering from other land uses, arterial noise proposal's ability to achieve the goals and objectives
buffering, development entrance, protective cove- of the North 19th Avenue/West Oak Street corridor
nants; master plan based on superior design and planning
3. Pedestrian circulation: between off-street techniques exceeding the regulatory standards set
parking lots, between adjacent lots, coordinated forth in this section. The criteria for granting reduc-
sidewalk system,bicycle circulation,trails/pathways.
396-54
18.54.114
tion in the open space provision may include,but are particular shall incorporate the required landscape for
not limited to: implementation of the greenway corridors_
a. Exceptional architectural and landscape F. Greenway Corridor Landscape Standards.
developmental guidelines; Development of greenways along the entryway
b. Designation(i.e.,public dedication or ease- corridors have been established in order to demon-
ment) for use by the general public of pedestrian strate the importance of urban open space and to
pathways and/or trailways within the development visually enhance aesthetically pleasing,high-quality
which are located along entryway corridors,stream development along the arterial corridors of North
corridors or within the interior of the development, 14th Avenue and West Oak Street.
exclusive of sidewalks located in the public right- 1. General Standards. The following landscape
of-way; guidelines have been designed to develop a formal
c. Public plazas,courtyards,promenades or other streetscape in concert with a park-like setting along
usable public areas; the greenway corridors as an integral element in
d. Front yard setbacks along entryway arterial developing attractive entryways into the city.
streets that exceed the minimum fifty-foot setback; a. Formal Streetscape.Street frontage landscape
e. Additional landscaping installed within the located in the street right-of-way boulevard will be
entryway corridors beyond what is required by this characterized by a formal arrangement of large
section; canopy boulevard trees as follows:
L Larger landscaping installed within the fifty- One large canopy boulevard tree, a minimum of
foot wide setback along entryway corridors; eight feet in height or one-and-one-half-inch caliper
g. Landscaped areas exceeding minimum yard and planted at regular intervals of fifty feet on center.
setbacks situated at main entrances into the develop- Acceptable large canopy boulevard trees include
ment; the following species:Ash,Patmore Green(Fraxinus
h. Installation and maintenance of streetscape pennsylvanica); Honeylocust, Seedless (Gleditsia
furniture along greenway corridors; triacanthos);Ash,Black(Fraxinus nigra);and Maple,
i. Additional setback and buffering between Norway (Acer Platanoides).
building sites and areas designated as environmen- b. Greenway Park. Greenway corridors located
tally sensitive lands; in the fifty-foot setback will be characterized by
j. Changes in texture and use of materials at informal vegetative planting of trees, shrubs, berms
intersections of pedestrian and vehicular circulation; and groundcover for every one hundred feet of
k. Exchange of land within the development for frontage along the entryway corridors as listed be-
additional land transferred to Rose Park; and low.Acceptable tree species for greenway corridors
I. Preservation of viewsheds (i.e., one-story shall consist of the landscape types listed in the tree
buildings along entryway corridor or limited building selection guide prepared by the Bozeman tree advi-
height). sory board, and made available in the Bozeman
3. Common Open Space.At least fifty percent of planning office.
the required open space, but no less than fifteen (1) A total of four evergreen and deciduous trees
percent of the entire development, shall be in com- at random or in cluster arrangements, with no more
mon ownership of the property owner's association or than fifty percent being deciduous, a minimum of
in the form of common open space easements eight to ten feet in height, or one-and-one-half-inch
granted to the property owner's association. Land- caliper;
scaping shall be required for all areas of the devel- (2) A total of two small ornamental trees at ran-
opment which are to be in common ownership or dom locations,a minimum of eight feet in height,or
designated as "common open space easements" one to one-and-ane-half-inch caliper;
located on individual lots or parcels of land, and in
396-55 (snzemaa a-oi)
18.54.110
(3) A total of six deciduous and/or coniferous groundcover if used as a decorative Iandscape fea-
large shrubs, of which three shall be flowering ture.
shrubs,at random locations and a minimum of eight c. Clustering landscape. Major entryway loca-
and one-half feet in height at maturity, two to three tions into development along North 19th Avenue and
feet installation size; West Oak Street shall contain the following clustered
(4) As an alternative to subsection(F)(1)(b)(3)of landscaping treatment:
this section, earth berms, an average of three and For every one hundred feet of corridor frontage(or
one-half feet in height,planted with shrubs or Iiving portion thereof), a minimum of ten large and small
ground cover so that the ground will be covered trees, two small ornamental trees, six large shrubs,
within three years; and six large flowering shrubs, twenty small shrubs and
(5) All other areas not landscaped with trees, twenty small flowering shrubs.
shrubs or ground cover shall be planted with a 2. Landscape Maintenance and Irrigation.
drought resistant "native grass" mix consisting of: a. Installation. Installation of on-site landscape
seventeen and one-half percent sheep Fescue;seven- improvements,to include greenway corridor(s),shall
teen and one-half percent Revenue Slender be the responsibility of the land owner of each
Wheatgrass; thirty-five percent Secar Bluebunch individual lot at the time of development of said
Wheatgrass and thirty percent Critana Thickspike property. Development of areas designated as com-
Wheatgrass.Alternatives to this mix may be consid- mon open space for the development shall be the
ered where it can be demonstrated that the same responsibility of the PUD developer at the time of
objectives are achieved with an alternative drought subdivision and planned unit development review
resistant grass seed mix; and approval;
(6) Areas designated for detention and/or reten- b. Maintenance. Maintenance of boulevard
tion ponds for stormwater runoff from development streetscape, greenway corridors and common open
on building sites shall not be permitted in the fifty- space areas shall be the responsibility of the property
foot greenway corridor(s),unless all of the following owner's association and shall comply with the
standards have been satisfied: provisions set forth in Section 18.54.060(C)(4)(d)of
(i) Not more than one-third of the greenway this zoning code, whereby all required landscape
corridor setback along the frontage of each individual must be maintained in a healthy growing condition at
lot is used for the purposes of retention/detention all times, and that any plant that dies must be
ponds; replaced with another living plant that complies with
(ii) Location of retention/detention ponds do not the approved landscape plan. Maintenance shall
conflict with, or are justification to alter, design consist of mowing, removal of litter and dead plant
guidelines and location of greenway corridor Iand- materials, necessary pruning and irrigation. Where
scape, pathways, streetscape furniture or lighting pedestrian or bicycle pathways are located within the
fixtures; greenway corridor,these trails shall be maintained to
(iii)Retention/detention ponds demonstrate superi- provide for their safe use,including pruning of plants
or design and treatment of stormwater runoff,as well to remove obstructions, and removal of dead plant
as excellence in integration with greenway corridor materials,litter, or other hazards;
landscape, and do not exceed a maximum slope of c. Landscape Irrigation. Landscape irrigation
1:3; and shall be supplied by the owner of each building site
(iv)Groundcover for retention/detention ponds by a shallow well pump, municipal water system or
shall consist of"native grass"seed mix as specified other acceptable irrigation system.Irrigation shall be
above in item 5,similar turf grass,or a groundcover piped to each individual planting area by an auto-
certified by a licensed nurseryperson.Not more than matic sprinkler system or other acceptable irrigation
thirty percent of the area shall consist of nonorganic system designed to irrigate all landscape features and
(Bozeman 11-01) 396-56
18.55.010
areas,and shall include a"bubble"irrigation system trian or bicycle trails or common open space without
for all trees and large shrubs. Alternatives to an proper architectural design, screening or landscape
automatic sprinkler system shall be designed and buffering.
certified by a licensed landscape irrigation profes- 1. Orientation of Off-Street Parking Areas.
sional. Commercial lots located in the North 19th Avenue
G. Pedestrian and Bicycle Trailways.Pedestrian and West Oak. Street entryway corridors shall be
and bicycle trails designated in the North 19th Ave- designed in a manner that diminishes the visual
nue/West Oak Street corridor master plan shall be impact of expansive off-street parking areas separat-
implemented during planned unit development and ing buildings from the street, by including parking
subdivision review of development proposals located areas that are beside and behind,not just in front of
in the sub-area plan of this section.Prior to receiving buildings. This would encourage the placement of
final subdivision and planned unit development buildings closer to streets and expanses of parking to
approval, the developer must either install the full be broken up. (Ord. 1531 § 18, 2001; Ord. 1514
trail improvements or provide payment into a North (part),2000: Ord. 1513 § 1 (Exh.A)(part), 2000)
19th Avenue/West Oak Street corridor trails trust
fund. Should the community choose to construct
trailways for use by the general public prior to Chapter 18.55
development of said property, the land owner may
execute the necessary pedestrian and bicycle trailway ZONING TEXT AND MAP AMENDMENTS
easement for installation and maintenance of said
trail(s). Pedestrian and bicycle trailways shall be Sections:
designed and installed in conformance with the 18.55.010 Initiation of amendments and
following: changes.
1. Greenway Corridor. A curvilinear asphaltic 18.55.020 Amendments and rezonings—
surface, a minimum width of eight feet wide, in- Investigation requirements.
stalled on a compacted,six-inch deep,three-quarter- 18.55.030 Public hearing procedures and
inch gravel road mix,on sterilized ground with weed requirements.
preventive fabric;
2. Stream Corridors. A gravel surface, a mini- 18.55.010 Initiation of amendments and
mum width of six feet wide,consisting of compacted, changes.
six inch deep, three-quarter-inch gravel road mix, A. The city commission may,from time to time,
over a treated area with a weed preventive fabric, or amend, supplement or change this title and the
an alternative trail standard subject to review and ap- regulation or maps appertaining thereto.An amend-
proval by the recreation and parks advisory board. ment, supplement or change may be initiated by the
H. Orientation of Structures. Commercial lots city commission, zoning commission or upon peti-
located in the North 19th Avenue and. West Oak tion from an owner of property within the city.
Street entryway corridors shall be designed in a B. Whenever the property owner of any land or
manner to eliminate negative visual impacts resulting building desires a reclassification on his property or
from the orientation of accessory activities and change in regulations applicable thereto,he may file
functions common to the rear of structures (loading with the city planning department on forms provided
and unloading areas, ground mounted mechanical by the city for this purpose, a petition duly signed
equipment, storage refuse areas or outside storage and verified by him requesting an amendment or
areas). The rear of structures, or the activities and change of regulations prescribed for such property.
functions common to the rear of the structure, shall (Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A)
not be orientated towards the arterial streets, pedes- (part), 2000)
396-57 (Bozeman I I.01)
18.55.020-18.55.030
1855.020 Amendments and rezonings— E_ However, where city zoning boundaries are
Investigation requirements. extended through annexation, which require initial
Upon initiation of an amendment by the city corn- zoning classification,public notice shall consist of
mission,zoning commission or upon petition from a three separate notifications in a newspaper published
property owner, the zoning commission shall cause and having general circulation in the city, provided
to be made an investigation of facts bearing on such at least one of the notifications is published not more
initiation or petition as will provide necessary than forty-five days nor less than fifteen days prior to
information to assure that the action of each such the public hearing. Such notice of public hearings
petition is consistent with the intent and purpose of shall also be made available upon request to all
this title, including but not limited to a finding that newspapers, radio stations and television stations
the application complies with the Bozeman Master serving the zoning jurisdiction of the city for use as a
Plan.(Ord. 1514(part),2000:Ord, 1513§ 1 (Exh.A) public service announcement.
(per),2000) F. In addition to such publication, the planning
director shall post same notice of public hearing not
1855.030 Public hearing procedures and more than forty-five days nor less than fifteen days
requirements. prior to the public hearings,on the site in question as
A. The city commission and zoning commission well as on one or more additional locations,visible to
shall hold public hearings on the matters referred to the general public, within the affected area as
in such initiation or petition at which parties in deemed appropriate by the planning director. How-
interest and citizens shall have an opportunity to be ever, where city zoning boundaries are extended
heard. which require initial zoning classification, or where
B. The planning director shall give public notice such amendments are modifications to the text of the
of all public hearings to be held before either the city zoning ordinance or map changes resulting from
commission and the zoning commission_The notice modifications to the text of the zoning ordinance,
shall be published at least once in a newspaper sign posting requirements shall not apply.
published and having general circulation in the city, G. Such notice shall be sent by mail, not more
not more than forty-five days nor less than fifteen than forty-five days nor less than fifteen days, to the
days prior to the public hearings. applicant and owners of record, or their legal repre-
C. The notice shall specify the number,date,time sentative, of the subject property as well as to the
and place of all scheduled public hearings. It shall owners of record of all parcels within one hundred
state the name and address of the applicant,the name fifty feet of the perimeter of the subject property.The
and address of the owner of record of the property, number of feet occupied by all public roads,streets,
and a legal description of the property affected, the alleys, and other public ways, shall be excluded in
street address or its location by approximate dis- determining the one hundred fifty foot requirements.
tances from the nearest major street or road However,where city zoning boundaries are extended
intersections so that the property can be easily iden- which require initial zoning classification, or where
tified, and a brief statement of the nature of the the amendments are modifications to the text of the
hearing. zoning ordinance or map changes resulting from
D. The notice shall provide a map of the area in modifications to the text of the zoning ordinance,
question so as to indicate its general location and mailing of notice of public hearing to such
proximity to surrounding properties.In the case of a applicants, owners of public record, or their legal
text amendment the notice shall explain the intent of representative,of the subject property(ies),or owners
the change, with reference to the precise text of record of all parcels within one hundred fifty feet
amendment language being available for public of the perimeter of the subject properties shall not
review at the city planning department. apply.
(Bozeman 11-01) 396-58
18.56.010
H. If for some reason a required property owner approval.
fails to receive mail notification of a scheduled 18.56.080 Appeals from city commission
public hearing, or if one or more of the required determinations.
posted signs in the area or on the site for which the 18.56.090 Effective time for commission
public hearing is being held,is inadvertently moved decisions—Variances void when.
through no fault of the city, this in no way shall
invalidate the legal notice requirements of the sched- 18.56.010 Purposes.
uled public hearing. A. The city commission shall hear and decide
I. Notice may also be provided to property variances and administrative appeals as follows:
owners in any additional area that may be substan- 1. Hear and decide appeals where it is alleged
tially impacted by the proposed change or use as there is error in any order, requirement, decision or
determined by the planning director. determination made by an administrative official in
J. After such hearing or hearings, the zoning the enforcement of this title or of any title adopted
commission will make reports and recommendations pursuant thereto. Appeals will be granted upon
on the petition or initiation to the city commission. finding that such order, requirement, decision or
K. When the zoning commission has recom- determination made by an administrative official is
mended an amendment to this title, including a erroneous and contrary to this title or of any
change in the district boundaries,the public hearing ordinance adopted pursuant thereto;
shall be held by the city commission for the purpose 2. Authorize, in specific cases, such variance
of acting upon the proposed amendment after public from the terms of this title as will not be contrary to
notice. In the case of protest against such changes the public interest, where owing to special condi-
signed by the owners of twenty-five percent or more tions, a literal enforcement of the provisions will
of either the area of the lots included in any proposed result in unnecessary hardship, and so that the spirit
change;or those lots one hundred fifty feet from a lot of this title shall be observed and substantial justice
included in a proposed change,such amendment may done.
not become effective except upon a favorable vote of B. The commission may, after public notice and
two-thirds of the present and voting members of the hearing, deny, approve or conditionally approve all
city commission. (Ord. 1531 § 19, 2001; Ord. 1514 requests for variance due to hardship, including:
(part), 2000: Ord. 1513 § 1 (Exh. A) (part), 2000) 1. Requests to modify dimensional requirements
of this title;
2. Requests for multiple variances;
Chapter 18.56 3. Requests to modify flood hazard district
requirements subject to the provisions of Chapter
VARIANCE AND ADMINISTRATIVE 18.44; and
INTERPRETATION APPEAL PROCEDURES 4. Requests for variances in conjunction with
conditional use permits. Approvals of all such
Sections: variances shall be conditioned upon Commission
1856.010 Purposes. approval of the conditional use permit.
18.56.040 Appeals and variances-- C. All requests for deviations in neighborhood
Application and investigation, conservation overlay districts, entryway overlay
18.56.050 Interpretation and variances— districts,or through the PUD process as described in
Hearing and notice requirements. Chapter 18.54 shall be heard by the city commission.
18.56.060 Variances—Criteria for consider-
ation.
18.56.070 Variances--Conditions of
396-59 (Bozeman 11.01)
18-56.040-18.56.050
D. In no case may the city commission grant 5. Stamped,unsealed envelopes addressed with
variances to allow uses not already permitted names of above property owners;
pursuant to this title. 6. A site plan drawn to scale showing the prop-
E. The concurring vote of four members of the erty dimensions,grading,landscaping and location of
commission shall be necessary to reverse any order, utilities, as applicable;
requirements,decisions or determination of any ad- 7. Location of all existing and proposed build-
ministrative official, or to decide in favor of the ings;
applicant on any matter upon which it is required to 8. Drive accesses, driveways, access roads,
pass under this title, or to effect any variance of this parking spaces, off-street loading areas, and side-
title.A reversal of the Alarming director's classifica- walks as applicable;
tion of a particular use shall be submitted to the city 9. The variance requested and the reasons for the
commission for determination under the provisions request;
of Section 18.06.060. 10. Justification, in writing, of subsections A, B
F. The concurring vote of three members of the and C of Section 18.56.060;
city commission shall be necessary to grant requested 11. Evidence satisfactory to the city commission
deviations to this title. (Ord. 1514(part),2000:Ord. of the ability and intention of the applicant to
1513 § 1 (Exh.A)(part), 2000) proceed with actual construction work in accordance
with said plans within six months after issuance of
18.56,040 Appeals and variances— permit;
Application and investigation. 12. Required filing fee;and
A. Application for Variance or Interpretation 13. In the case of an administrative interpretation
Appeals. A request for variance proposed shall be appeal evidence to prove that the decision or action
made by filing at least thirty days prior to the of the official was incorrect or in violation of the
commission meeting an application with appropriate terms of this title.
fees with the planning director;such application shall B. Investigation of Facts.The commission shall
be accompanied by a development plan showing cause to be made such investigation of facts bearing
such information as the planning director may on the application as will provide necessary
reasonably require for purposes of this title. The information to assure that the action on each such
plans shall contain sufficient information for the application is consistent with the intent and purpose
commission to make a proper decision on the matter. of this title. During time of appeal all construction
The request shall state the exceptional conditions and shall cease and shall not commence until approved
the peculiar and practical difficulties claimed as a by the city commission.(Ord. 1514(part),2000:Ord.
basis for a variance.In all cases,the application shall 1513 § 1 (Exh.A)(part), 2000)
include,and shall not be deemed filed until,all of the
following is submitted: 18.56.050 Interpretations and variances-
1. Name and address of the applicant; Hearing and notice requirements.
2. The legal description of the property involved A. There shall be a hearing for each application
in the request for variance, including the street of an interpretation appeal or variance.The hearing
address, if any,of the property; shall be held at an appointed time and place. Testi-
3. The names and addresses of the owners of the mony shall be taken by the commission from persons
property and any other persons having a legal interest interested in the application, and from the planning
therein; staff.
4. List of names and addresses of property own- B. The planning director shall give public notice
ers within two hundred feet of site, using last de- of all public hearings to be held before the city
clared county real estate tax records; commission. The notice shall be published at least
(Bozermn]1-01) 396-60
18.56.060-18.56.090
once in a newspaper published and having general mined by the planning director. (Ord. 1514 (part),
circulation in the city,not more than thirty days nor 2000: Ord. 1513 § 1 (Exh.A) (part),2000)
less than ten days prior to the public hearings.
C. The notice shall specify the number,date,time 18.56.060 Variances—Criteria for consider-
and place of all scheduled public hearings. It shall ation.
state the name and address of the applicant,the name In approving an application for a variance, the
and address of the owner of the property,and a legal commission shall designate such lawful conditions as
description of the property affected, the street will secure substantial protection for the public
address, or its location by approximate distances health,safety and general welfare, and shall find as
from the nearest major street or road intersection so follows:
that the property can be easily identified,and a brief A. That the variance will not be contrary to the
statement of the nature of the hearing. public interest;
D. The notice shall provide a map of the area in B. That a literal enforcement of this title will
question so as to indicate its general location and result in unnecessary hardship owing to conditions
proximity to surrounding properties, unique to the property;
E. In addition to such publication, the planning C. The spirit of this title will be observed and
director shall post same notice of public hearing not substantial justice done. (Ord. 1514 (part), 2000:
more than thirty days nor less then ten days prior to Ord. 1513 § 1 (Exh.A) (part),2000)
the public hearings,on the site in question as well as
on one or more additional locations, visible to the 18.56.070 Variances—Conditions of
general public, within the affected area as deemed approval.
appropriate by the planning director. Any approval under this chapter shall be subject to
F. The notice of public hearings shall also be the terms of the conditions designated in connection
made available upon request to all newspapers,radio therein.(Ord. 1514(part),2000:Ord. 1513 § 1 (Exh.
and television stations serving the jurisdiction for use A) (part),2000)
as a public service announcement.
G. Such notice shall be sent by mail, not more 18.56.080 Appeals from city commission
than thirty days nor less than ten days prior to the determinations.
public hearings, to the applicant and owners of Any person or persons, jointly or severally, ag-
record (or their Iegal representative) of the subject grieved by any decision of the city commission under
property as well as to the owners of record of all this chapter, or any taxpayer, or any officer,
parcels within two hundred feet of the perimeter of department,board or bureau of the municipality,may
the subject property. present to a court of record a petition, duly verified,
H_ If for some reason,a required property owner setting forth that such decision is illegal in whole or
fails to receive mailed notification of a scheduled in part specifying the grounds of illegality. Such
public hearing, or if one or more of the required petition shall be presented to the court within thirty
posted signs in the area or on the site for which the days after the filing of the decision in the office of
public hearing is being held, is inadvertently re- the commission.(Ord. 1514(part),2000:Ord.1513§
moved through no fault of the city, this in no way 1 (Exh.A) (part),2000)
shall invalidate the legal notice requirement of the
scheduled public hearing. 18.56.090 Effective time for commission
I. Notice may also be provided to property decisions—Variances void when.
owners in any additional area that may be substan- The decision of the city commission shall be final
tially impacted by the proposed variance as deter- except as provided in Section 18.56.080 and if a
building permit or land use permit is not obtained for
396-61 (Bozeman 11-Q1)
18.57.010-18.57.030
the subject property within six months from the date certain uses may be permitted as principal or
of the commission's decision, the variance shall be conditional uses in specific districts.
automatically canceled and become null and void. B. General Application. All uses listed in this
(Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) section shall be subject to the specific standards
(per), 2000) described for each use, in addition to all other
applicable standards which may apply,and limited to
those districts specified. The provisions of this
Chapter 18.57 chapter apply to large scale broadcast facilities and
small scale broadcast facilities as defined in Chapter
TELECOMMUNICATIONS 18.04. The provisions of this chapter do not apply to
facilities which meet the definition of essential
Sections: services(Type 1)as defined in this Section 18.04.640
18.57.010 Intent. of this chapter, not to private antennae which are
18,57.030 Review procedures, limited to reception only.
1857.040 Standards. C. The following review procedures shall be
utilized in the review of large scale broadcast
18.57.010 Intent. facilities,
A. The city has the authority to regulate the L A large scale broadcast facility shall be
placement,construction,and modification of wireless considered as a principal use in the M-1, M-2, and
telecommunications service facilities; and PLI districts, provided the facility meets all
B. The city commission finds that: applicable standards,and shall be reviewed under the
1. It is necessary to determine the appropriate terms of Chapters 18.52 and this chapter. A large
location for placement of towers and antennas to scale broadcast facility which establishes a second
serve local residents and businesses; and principal use on a proposed site will require a major
2. The city desires to promote co-location and site plan. A large scale broadcast facility proposed to
use of alternative tower structures to minimize the be mounted on an existing structure may be
need to construct new towers;and reviewed, at the discretion of the planning director,
3. Consistent with applicable law, the city as a minor site plan. A large scale broadcast facility
desires to minimize the adverse visual impacts of proposed to be located on an existing structure which
towers and antennas through careful siting, design, was previously reviewed for large scale broadcast
landscape screening, and innovative camouflaging facility use, where such proposed facility is in
screening; and accordance with the original project approval, may
4. The city seeks to ensure against potential be required to submit only a sketch plan,as described
health and safety hazards to citizens and prevent in Section 18.52.Large scale broadcast facilities are
damage to adjacent properties; and exempt from the height limitations of these districts.
5. The city intends to exercise, to the fullest 2. A large scale broadcast facility shall be
extent permitted by applicable law,its authority with considered as a conditional use in the BP, B-1, B-2
respect to the regulation of the placement, and B-3 districts and subject to conditional use
construction, and modification of wireless permit review as described in Section 18.53. The
telecommunications service facilities. (Ord. 1514 city commission,in approving such a conditional use
(part), 2000: Ord. 1513 § 1 (Exh. A) (part), 2000) permit, shall find that the service provided by the
proposed facility cannot be adequately received from
18.57.030 Review procedures. other properly zoned locations. A large scale
A. Purpose. The purpose of this section is to broadcast facility may not exceed the established
describe the standards and conditions under which
(Bozeman 11-01) 396-62
18.57.030
maximum building height in the BP,B-1,B-2,or B-3 building height may be permitted upon a
districts. A large scale broadcast facility shall not be determination that the service provided by the
permitted in the R-S,R-1,R-2,R-2a,R-3,R-3 a,R-4, proposed facility cannot be adequately received from
R-Q,and R-MH districts,except as part of a planned other properly zoned locations-
unit development reviewed under Chapter 18.54,and 3. A small scale broadcast facility shall be
only upon a demonstration that the service provided considered as a conditional use in the R-S,R-1, R-2,
by the proposed facility cannot be adequately R-2a, R-3, R-3a, R-4, R-0, and R-MH districts and
received from other properly.zoned locations. subject to conditional use permit review as described
3. A large scale broadcast facility proposed to be in Chapter 18.53. All small scale broadcast facilities
located in the conservation overlay or entryway in these districts must be stealth installations, as
overlay districts shall require in addition to any other defined in Section 18.04.1485, and may not exceed
review procedure, a certificate of appropriateness. the established maximum building height for the
D. The following review procedures shall be district proposed for such use. The city commission,
utilized in the review of small scale broadcast in approving such a conditional use permit,shall find
facilities. that the service provided by the proposed facility
1. A small scale broadcast facility shall be cannot be adequately received from other properly
considered as a principal use in the M-1, M-2, and zoned locations.
PL1 districts, provided the facility meets all 4. A small scale broadcast facility proposed to be
applicable standards, and shall be reviewed as a Iocated in the conservation overlay or entryway
minor site plan under the terms of Chapters 18.52 overlay districts shall require in addition to any other
and this chapter. A small scale broadcast facility review procedure,a certificate of appropriateness.
proposed to be located on an existing structure which 5. A broadcast facility of less than five hundred
was previously reviewed for large or small scale watts effective radiated power proposed for the sole
broadcast facility use,where such proposed facility is and exclusive, on-site use of a business, which
in accordance with the original project approval,may business has otherwise been approved under
be required to submit only a sketch plan,as described Chapters 18.52, 18.53, or 18.54, and found to be in
in Section 18.52.Small scale broadcast facilities are compliance with the maximum building height
exempt from the height limitations of these districts. limitations of the zoning district,with all setback and
2. A small scale broadcast facility shall be other zoning requirements,and which has four or less
considered as a principal use in the B-1,13-2,B-3 and square feet of total antenna surface area, may be
BP districts,provided the proposed installation meets permitted as an accessory use in any nonresidential
the definition of stealth installation in Section district.
18.04.1485, and provided further, that the facility 6. A nonbroadcast telecommunication facility
does not exceed the established maximum building shall be considered as a principal use in all
height for the district proposed for such use. A small nonresidential districts and in the R-S district, and a
scale broadcast facility shall be reviewed as a minor conditional use in the R-3, R-4, and R-O districts,
site plan under the terms of Chapters 18.52 and this provided the facility meets all applicable standards,
chapter. A small scale broadcast facility proposed to and shall be reviewed as a minor site plan or
be located on an existing structure which was conditional use under the terms of Chapters 18.52,
previously reviewed for either Iarge or small scale 18.53, and this chapter. A certificate of appro-
broadcast facility use,where such proposed facility is priateness is required in conjunction with the plan
in accordance with the original project approval,may review when the site is within an entryway overlay or
be required to submit only a sketch plan,as described conservation overlay district. At the discretion of the
in Section 18.52. A small scale broadcast facility planning director a nonbroadcast telecomunications
proposed to exceed the established maximum facility proposed on a site which is currently level
396-63 ($OZCFMn E1-01)
18.57.010---18.57.030
oped may be required to submit only a sketch plan, existing facility does or will comply with FCC radio
as described in Section 18.52, frequency emission guidelines for both general
E. Submittal requirements for Iarge scale and population/uncontrolled exposures and
small scale broadcast facilities. The following occupational/controlled exposures as defined in the
information and data shall be submitted for broadcast FCC rules. The provision of false information shall
facility plan review. result in the immediate revocation of permits or
1. Site and landscape plans drawn to scale. approvals granted upon the basis of the false
2. A report including a description of the tower information and the cessation of operation of the
with technical reasons for its design. offending facilities.
3. Documentation establishing the structural 3. A building permit shall be obtained prior to
integrity for the tower's proposed use. the installation of any telecommunications facility.
4. The general capacity of the tower, and The structural design for all antenna support
information necessary to assure that ANSI standards structures ten feet or greater in height or which have
are met. attached more than four square feet of total antenna
5. A statement of intent on whether excess space area shall be certified by a professional structural
will be leased. engineer licensed to practice in the state of Montana.
6. Proof of ownership of the proposed site or 4. All small scale broadcast facility and large
authorization to utilize it. scale broadcast facility shall meet or exceed current
7. Copies of any easements necessary. standards and regulations of the FCC,FAA,and any
8. An analysis of the area containing existing other agency with the authority to regulate towers
topographical contours;and and antennas. If such standards are changed the
9. A visual study depicting where within a three owner shall modify the installation to comply with
mile radius any portion of the proposed tower could the new standards within six months of the effective
be seen. (Ord. 1526 § 2, 2000: Ord. 1514 (part), date of the new standards or regulations unless a
2000: Ord. 1513 § 1 (Exh.A)(part),2000) different implementation schedule is required by the
issuing agency.
18.57.044 Standards. 5. Towers with a base located at grade shall be
A. Safety. The following information shall be enclosed within a secure fence not less than six feet
provided with all applications to establish or modify in height or the tower itself shall be equipped with an
a small scale broadcast facility or large scale appropriate anti-climbing device.
broadcast facility. B. Setbacks/Aesthetics.
1. A statement of whether the proposed facility is 1. The provisions of this section may be waived
exempt or non-exempt from environmental review by the approval body as determined by Chapters
under the Rules of the FCC. If the facility is claimed 18.52 or 18.53 where it has been demonstrated that
to be exempt, a detailed and specific citation to the the waiver will result in superior compliance with the
Rules of the FCC indicating the section which details intent and purposes of this title.
the relevant exemption provisions shall be included. 2. New towers greater than forty feet in height
If the facility is not exempt from environmental shall accommodate at least three service providers
review a copy of the environmental review and the with accompanying area for equipment and access.
approval from the FCC for the site shall be provided Where multiple providers will be utilizing the same
to the city of Bozeman prior to the issuance of a area and/or support structure,consideration should be
building permit. given to the provision of a single building or other
2. If the facility is claimed to be exempt from similar integration of equipment housing. A new
environmental review a statement shall be provided, tower may meet this requirement by correctly sizing
under oath and notarized, that the proposed or the foundation and other structural elements to allow
(sozenmn>>-n]) 396-64
18.57.040
the future addition of height to the structure to setback from the property lines of seventy-five
accommodate additional users rather than percent of tower height which may be reduced to no
immediately constructing the entire tower. This less than twenty percent of tower height upon the
requirement will be able to be able to be waived by provision and approval of an engineered design,
the governing body upon a showing of fact to stamped by a professional structural engineer
overcome the presumption that multiple transmitters licensed to practice in the state of Montana,
are desirable on a tower. establishing a smaller collapse area. All installations
3. An applicant for a new tower in excess of shall maintain the minimum zoning district setbacks
forty feet in height shall demonstrate that there are no including special setbacks for entryway corridors.
available openings on existing facilities which are An application for a large scale broadcast facility
technically and financially feasible and that a new located less than one hundred percent of the tower
structure is necessary. A site shall be deemed height from the property line shall include a narrative
financially feasible if the cost is equal to or less than addressing the issue of ice fall.
the cost of constructing a new tower. 7- All structures shall be constructed in
4. All installations shall be visually unobtrusive conformance with the most recent version of either
as is feasible. FAA and FCC regulations may require the standards of the Uniform Building Code or the
visual marking and Iighting and may not be Electronics Industries Association and the
overridden by local regulations in this area. Unless Telecommunications Industry Association,
otherwise required by the FAA or FCC towers shall commonly cited as ElAlTIA 222-E standards. The
be of a galvanized finish or be painted in neutral most rigorous standard shall govern.
colors. Facilities and equipment mounted on existing 8. Visual screening shall be provided in all
structures shall be visually incorporated into the residential areas and where a facility is located within
structure or background by the use of architectural a nonresidential area which is visible, at grade,from
elements, color, screening, or other methods. a residential area. Screening shall provide an opaque
Installations located within the conservation overlay screen within eighteen months of establishment and
or entryway overlay districts shall be reviewed be a minimum of four feet in height. The screening
against the criteria of Chapter 18.42 and Chapter may be of landscape materials or a fence which
18.43 as applicable. otherwise complies with the zoning code. The site
5. No lighting or signage except a single four shall comply with the landscaping provisions of the
square foot business identification sign is allowed zoning code as contained in Section 18.50.100.
unless such lighting or signage is required by the 9. Materials on the exterior of equipment shelters
FAA,FCC, or the city of Bozeman. used in residential areas shall be of materials
6. Special setbacks for towers shall be provided commonly used in the neighborhood. The
and/or a design for internal structural collapse to architectural design of the shelter shall be compatible
avoid damage or injury to adjoining property or users with surrounding residential structures. The intent of
shall be provided, the requirements of this paragraph may be met by
a. Residential district setbacks for a large scale providing fencing or other visual screening
broadcast facility shall be one hundred percent of compatible with the neighborhood, in compliance
tower height which may be reduced to no less than with all other sections of the code, which will
fifty percent upon the provision and approval of an obscure the entire equipment shelter. The screening
engineered design, stamped by a professional shall be in place prior to the commencement of
structural engineer licensed to practice in the state of operations of the facility.
Montana,establishing a smaller collapse area. 10. All small scale broadcast facilities established
b. A large scale broadcast facility in in one of the recognized historic districts or entryway
nonresidential zones shall provide a minimum overlay districts shall be installed in such a way as to
396-65 (Bozeman 1-01)
18.57.040
maintain the historic or architectural character of the as a permitted or conditional use and appropriate
host site. All sites shall maintain the least possible review has been completed.
visual obtrusiveness. 6. Failure to comply with the terms of the zoning
11. Applicants for a small scale broadcast facility ordinance shall be grounds for facilities to be
or a large scale broadcast facility in residential areas removed by action of the city at the owner's expense.
shall provide an accurate photo simulation of the site 7. Any modifications to existing broadcast sites
with the proposed facility in place. The simulation may only occur in compliance with the review
shall be to scale, and include all feasible antennae procedures required in Section 18.57.030.
depicted on the tower. Landscaping which is not 8. Denial of an application shall be made only
shown or proposed on the accompanying site plan after the review body has determined that specific
shall not be included in the simulation unless it exists criteria of this title cannot be met. , Said
on adjoining properties. determination shall be made in writing and shall
12. A nonbroadcast telecommunication facility include the reasons for the denial and the evidence
located within an entryway overlay distract, the which supports those reasons. Public opposition
conservation overlay district,or a residential zoning alone is not sufficient to deny the application. (Ord.
district shall be enclosed within a structure. The 1526 § 3,2000; Ord. 1514(part),2000: Ord. 1513 §
structure shall be of materials and character which I (Exh.A) (part),2000)
are compatible with the adjacent properties. The
facility shall comply with all applicable side, front,
and rear yard setbacks. Chapter 18.58
C. Administrative.
1. An inventory of existing sites utilized by the PLAN APPEALS PROCEDURE
applicant shall be provided. The inventory shall note
the feasibility of accommodating other users. The Sections:
city may share this information with other applicants 18.58.010 Definitions.
or interested parties to encourage co-location. 18.58.020 Application of appeal procedures.
2. The public land and agencies exemption from 18.58.030 Appeal of final decision
full compliance with zoning in Section 76-2-402, permitted.
Montana Code Annotated does not apply to private 18.58.040 Filing of notice of appeal.
entities utilizing publicly owned Iands. 18.58.050 Notice of appeal.
3. All facilities shall be removed within nine 18.58.060 Record on appeal.
months of the cessation of operations. If a facility is 18.58.070 Scheduling of the hearing.
not removed within nine months the city shall 18.58.080 Procedure of the hearing.
remove the facility at the facility or land owner's 18.58.090 Alternative actions available to
expense. Where multiple users share a facility the the appellate body.
nonoperational antennae shall be removed but any
common equipment may be retained until all users 18.58.010 Definitions.
have terminated the utilization of the site. The following words, terms and phrases, when
4. Any emergency power supply or other used in this chapter, shall have the following mean-
equipment installed at the facility must comply with ings.
Section 18.50.0351, Noise. "Aggrieved person" means a person who has a
5. No facilities may be established in residential specific, personal and legal interest in the final
areas which require employees to be present on a decision of an agency, board or commission, as
routine basis, with the exception of periodic distinguished from a general interest such as is the
maintenance activities,unless the zone allows offices concern of all members of the community,and which
(Bozeman 11.01) 396-66
18.58.010-18.58.060
interest would be specifically and personally 18.58.040 Filing of notice of appeal.
prejudiced by the decision or benefited by its rever- A. An appeal shall be taken by filing with the
sal• planning director a notice of intent to appeal by noon
"Appellant" means an aggrieved person who has on the Friday following the final decision of the
taken an appeal from an agency, board or commis- agency, board or commission to which this section
sion to another body designated herein by the filing applies, and a documented appeal within seven
of a notice of appeal. business days of the final decision of the agency,
"Applicant"means the person who or organization board or commission to which this section applies.
which submitted the application to the agency,board Such notice of intent to appeal shall include the
or commission whose decision has been appealed. following:
"Final decision"means the final action of an agen- 1. The action of the agency, board or commis-
cy, board or commission when no further action is sion which is the subject of the appeal;
available before such agency,board or commission. 2. The date of such action;
Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) 3. The name, address, telephone number and
(part), 2000) relationship of the appellant to the subject of the
action of the agency,board or commission.
18.58.020 Application of appeal procedures. B. The documented appeal shall include in addi-
Appeals from agencies, boards and commissions tion:
to other agencies, boards and commissions of city The grounds for the appeal, including specific
government or the courts are set forth in the various allegations to be considered on appeal. {Ord. 1514
sections of this title.Said appeals are permitted under (part),2000: Ord. 1513 § 1 (Exh. A) (part), 2000)
the provisions of this section in the manner set forth
herein. 18.58.050 Notice of appeal.
A. Boards and Agencies. These appeal proce- Notification of appeal procedures shall be includ-
dures shall apply to the decisions brought forth by ed in the initial posting and notice of the proposal,
the following: provided that an initial posting and notice is required
1. Development review committee(DRC); by Chapter 18.52. Once a documented appeal has
2. Design review board(DRB); been filed, the property in question will be posted
3. Administrative design review staff(ADR). and notice of the appeal hearing provided to the
B. Order of Appeals. Appeals from any board or Bozeman Chronicle. (Ord- 1514 (part), 2000: Ord.
agency shall follow the following order: 1513 § 1 (Exh.A) (part), 2000)
1. DRC to city commission;
2. DRB to city commission; 18.58.060 Record on appeal.
3. ADR to city commission,upon consideration Any appeal shall be an appeal on the record of the
and comment by the DRB. (Ord. 1514 (part), 2000: hearing before the agency,board or commission.The
Ord. 1513 § 1 (Exh. A) (part),2000) record provided to the appeal body shall include the
following:
18.58.030 Appeal of final decision permitted. A. Detailed minutes of the proceedings before the
An aggrieved person may appeal the final decision agency,board or commission from which the appeal
of any agency, board or commission to which this has been taken;
appeal procedure applies in the manner provided in B. All exhibits,including,without limitation,all
this chapter. (Ord. 1514 (part), 2000: Ord. 1513 § 1 writings, drawings, maps, charts, graphs, photo-
(Exh.A)(part), 2000) graphs and other tangible items received or viewed
by the agency,board or commission at the proceed-
ings;
396-67 (sQzcman 11-01)
18.58.070-18.58.090
C. A verbatim transcript of such proceedings hearing,the appellate body shall uphold,overturn or
before the agency, board or commission, or any modify the decision of the agency or board.Appeals
portion thereof, at the option and expense of any will be granted upon finding that such order,
aggrieved party.(Ord. 1514(part),2000:Ord. 1513§ requirement,decision or determination made by the
I (Exh. A) (part),2000) agency or board is erroneous and contrary to this title
or of any ordinance adopted pursuant thereto. (Ord.
18.58.070 Scheduling of the hearing. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part),
The dates, times and locations for hearing ap- 2000)
peal(s) before the appropriate body(s) shall be in-
cluded in the reposting of the property in question,
and in the notice of the appeal hearing provided to Chapter 18.62
the Bozeman Chronicle. (Ord. 1514 (part), 2000:
Ord. 1513 § 1 (Each.A)(part),2000) ADMINISTRATION,PERMITS AND FEES
18.58.080 Procedure of the hearing. Sections:
A. At the hearing on the appeal, the following 18.62.010 Administration and enforce-
procedure shall be followed: ment Planning director author-
Only arguments and evidence relevant to the ity.
grounds shall be presented. The presentation of 18.62.020 Planning director and building
arguments on the merits of the appeal shall be made official—Plan application check-
in the following order,subject to such limitations,in ing Notice of noncompliance.
time and scope as may be imposed at the discretion 18.62.030 Building permit requirements.
of the presiding officer: 18.62.040 Permit issuance—Conformity
1. Explanation of the nature of the appeal and with regulations required.
presentation by planning staff; 18.62.050 Permits issued contrary to title
2. Presentation of argument by the appellant and deemed void.
any person in support of the appellant; 18.62.060 Expiration of permits.
3. Presentation or argument by any person who 18.62.070 Stop-work order—Planning
is an opponent of the appeal; and director and/or building official
4. Motion,discussion and vote by the appellate authority.
body. 18.62.080 Enforcement—Planning director.
B. No person making a presentation shall be 18.62.090 Building permits and installation
subject to cross-examination except that members of of improvements.
the appellate body and the city attorney may inquire 18.62.100 Fee schedule.
of such person for the purpose of eliciting informa-
tion and for the purpose of clarifying information 18.62.010 Administration and
presented. (Ord. 1514 (part), 2000: Ord. 1513 § I enforcement—
(Exh,
nforcement(Exh. A) (part),2000) Planning director authority.
A. The planning director, or his/her designated
18.58.090 Alternative actions available to the representative,shall administer and enforce this title.
appellate body. He/site may be provided with the assistance of such
The appellate body shall consider an appeal based other persons as the planning director may direct and
upon the record on appeal and relevant provisions of those assistants shall have essentially the same
this title. Only evidence relevant to the grounds for responsibilities as directed by the planning director.
the appeal shall be heard.At the conclusion of such
Mozcrmn I i-DO 396-68
18.62.010--18.62.050
B. If the planning director shall find that any of shall be accompanied by plans in duplicate,drawn to
the provisions of this title are being violated,he shall scale showing the actual dimensions and shape of the
notify in writing the person responsible for such lot to be built upon, the legal description of the
violations,indicating the nature of the violation and parcel; the exact sizes and location on the lot(s) of
ordering the action necessary to correct it. He shall buildings already existing, if any; the location and
order discontinuance of illegal use of land, illegal dimensions of the proposed buildings or alternatives,
additions, alterations, or structural changes; dis- and two copies of the approved site plan or sketch
continuance of any illegal work being done;or shall plan as approved under Chapters 18.52,18.53,18.54,
take any other action authorized by this title to insure etc., of this title_
compliance with or prevent violation of its C. One copy of the plans shall be returned to the
provisions. (Ord. 1514 (part), 2000: Ord. 1513 § 1 applicant after the building official and planning
(Exh.A)(part), 2000) director have marked each copy either as approved or
disapproved and attested to same by their signatures.
18.62.020 Planning director and building The second copy similarly marked shall be retained
official—Plan application check- by the building division.
ing—Notice of noncompliance. D. Approval of any plan that has been granted
A. It is the intent of this title that the planning based upon false information provided by the appli-
director and building official,or their designees,shall cant shall be deemed void. (Ord. 1514 (part), 2000:
check all plans and applications for permits for Ord. 1513 § 1 (Exh.A) (part),20{}0)
compliance with this title both before and during
construction. 18.62.040 Permit issuance—Conformity with
B. If,during this procedure,the planning director regulations required.
and/or the building official deems that the proposed No permit, or license of any type shall be issued
plan or construction does not comply with this title, unless in conformance with the regulations con-
he shall inform the applicant of the infraction and tained within this title.Permits issued on the basis
shall stop all construction on the project until such of plans and applications approved by the building
time as the applicant,builder or principal revises his official and planning director authorize only the
plan to conform to this title and/or fulfills the use, arrangement and construction set forth in such
requirements of any mandated review procedure(s)as approved plans and applications, and no other use,
set forth in this title. (Ord. 1514 (part), 2000: Ord. arrangement or construction. Use, arrangement or
1513 § 1 (Exh.A) (part),2000) construction at variance with that authorized shall
be deemed a violation of this title,punishable as
18.62.030 Building permit requirements. provided in Chapter 18.70. (Ord. 1514(part),2000:
No building or other structure shall be erected, Ord. 1513 § 1 (Exh.A)(part), 2000)
moved, added to or structurally altered and no land
use shall be changed without valid permits as pre- 18.62.050 Permits issued contrary to title
scribed in this chapter. deemed void.
A. Building Permit.Within the limits of the city, Any building permit,or any authorization issued,
building permits shall be obtained by following the granted,or approved in violation of the provisions of
latest version of the Uniform Building Code (Inter- this title shall be null and void and of no effect
national Conference of Building Officials, 5360 without the necessity of any proceedings or a revo-
South Workman Mill Road, Whittier, California) cation or nullification thereof, and any work under-
adopted by the city. taken or use established pursuant to any such build-
B. The building permit shall be obtained by ing permit or other authorization shall be unlawful.
application to the city building official.Applications
396-69 (Bozeman 11-01)
18.62.060-18.62,090
(Ord. 1514 (part), 2000: Ord. 1513 § 1 (Exh. A) 18.62.090 Building permits and installation of
(per), 2000) improvements.
The purpose of this section is to establish the re-
18.62.060 Expiration of permits. quirements for the scheduling and installation of all
Every permit issued by the building official under on-site and off-site improvements which are required
the provisions of this title shall expire by limitation as per the standards set forth in this code, or which
and become null and void if the building or work are required as a result of any conditions which may
authorized by such permit has not commenced within be applied to the approval of any project through the
one hundred eighty days from the date of such per- appropriate review process.Such improvements may
mits, or if the building or work authorized by such include but are not limited to design elements such as
permit is suspended or abandoned at any time after landscaping, parking facilities, storm drainage
the work is commenced for a period of one hundred facilities,architectural features,pedestrian walkways,
twenty days.Before such work can be recommenced, and public utilities.
a new permit shall first be obtained to do so,and the A. Only minor site surface preparation and
fee therefor shall be one-half the amount required for normal maintenance shall be allowed prior to
a new permit for such work, provided no changes conditional approval by the appropriate review
have been made or will be made in the original plans authority and the issuance of a building permit,
and specifications for the work;and provided further providing that such activity does not include
that such suspension or abandonment has not excavation for foundations or the removal of mature,
exceeded one year. (Ord. 1514 (part), 2000: Ord. healthy vegetation. Upon conditional approval by
1513 § 1 (Exh.A)(part),2000) the appropriate review authority, excavation for
foundations and the preparation of forms may occur,
18.6.2.070 Stop-work order—Planning director however,no concrete shall be poured and no further
and/or building official authority. construction shall commence until final site or sketch
Whenever any building work is being done con- plan approval has been granted and until building
trary to the provisions of this title, the planning permits have been issued.
director and/or building official shall order the work Exception: When construction and funding of
stopped by notice in writing served on any person public streets are occurring under the provisions of
engaged in doing or causing such work to be done, Chapter 18.54,Planned Unit Development(PUD),or
and any such person shall forthwith stop such work under provisions established for Traditional
until authorized by the planning director and/or Neighborhood Development,the issuance of building
building official to proceed with the work. (Ord. permits may be allowed prior to completion of
1514 (part), 2000: Ord. 1513 § 1 (Exh. A) (part), infrastructure improvements, pursuant to the
2000) provisions established for municipal water and
sanitary sewer in Section 18.50.030(D)(3)and(4).
18.62.080 Enforcement—Planning director.
This title shall be enforced by the planning direc-
tor and his authorized representatives. No building
permit or business or occupational use license shall
be issued, except in compliance with the provisions
of this title. (Ord. 1514 (part), 2000: Ord. 1513 § 1
(Exh.A) (part),2000)
(DoZemn 11-01) 396-70
18.62.I00
B. A building permit must be obtained within one created or perpetuated without the installation of
year of final site or sketch plan approval. Building certain improvements or that the property will have
permits will not be issued until the final site or sketch an unacceptable adverse impact on adjoining proper-
plan is approved, ties until such improvements are installed.
C. At the time of final site plan approval, the G. When all provisions are met for occupancy of
applicant shall enter into an improvements agreement a facility or commencement of a use prior to the
with the city. At the discretion of the planning installation of all improvements,the building official
director, certain projects receiving a certificate of may issue a temporary certificate of occupancy
appropriateness may be required to enter into an which allows occupancy of the facility on a tempo-
improvements agreement with the city at the time of rary basis for a period not to exceed nine months.
final approval of the certificate of appropriateness. When all required improvements are installed in
Detailed cost estimates and construction plans of all compliance with all terms and details of the site or
required on-site and off-site improvements shall be sketch plan approval, the temporary occupancy
made a part of the agreement. permit shall be withdrawn and a permanent certifi-
D. No building permit shall be issued for any cate of occupancy shall be issued according to the
building or use for which site plan or sketch plan provisions of this chapter.(Ord. 1532§3,2001;Ord.
approval is required unless such approval has been 1514 (part), 2000: Ord. 1516 § 1 (Exh. A) (part),
obtained. Except as provided for in subsection E of 2000)
this section, no occupancy shall be permitted or
certificate of occupancy issued unless the terms and 18.62.100 Fee schedule.
details of an approved site or sketch plan are met. A. The city commission shall establish a schedule
The DRC and/or ADR or their representative shall of fees,charges and expenses and a collection proce-
conduct an"as-built"inspection to verify compliance dure for building permits,appeals,and other matters
and shall sign off on a certificate of occupancy if all pertaining to this title. The schedule of fees for the
terms and details of the approval are complied with. procedures listed below shall be set from time to time
E. If occupancy of the structure or commence- by the city commission by resolution.The fees shall
ment of the use is to occur prior to installation of the be posted in the office of the planning director and
required improvements, the improvements agree- may be altered or amended only by the city
anent,described in subsection C of this section,must commission.
be secured by a method of security equal to one and 1. Zone map change;
one-half times the amount of the estimated cost of the 2. Zone code amendment;
scheduled improvements not yet installed.The meth- 3. Variance;
od of security shall be valid for a period of not less 4. Planned unit development;
than twelve months;however;all on-site and off-site 5. Site plan review: Major and minor;
improvements shall be completed by the applicant 6. Sign review;
within nine months of occupancy or the security shall 7. Special temporary use;
be forfeited to the city for the purpose of installing or 8. Mobile home parks;
contracting for the installation of the required 9. Recreational vehicle parks;
improvements. 10. Conditional uses;
F. In those instances where occupancy is to occur 11. Temporary signs;
before the installation of all required improvements, 12. Certificates of appropriateness;
the DRC and/or ADR shall determine which,if any, 13. Floodplain processing fee;
of the required improvements must be installed prior 14. Submittal compliance check fee;
to occupancy_Such determinations shall be based on B. No permit,zone change,site plan,conditional
a finding that unsafe or hazardous conditions will be use,special temporary use,planned unit development
396-71 (Bozeman 11-
18.65.010-18.65.020
or variance shall be issued unless or until such costs, 18.65.010 Intent and purposes.
charges,fees or expenses have been paid in full,nor It is the intent and purpose of this code to promote
shall any action be taken on proceedings before the the health, safety and welfare of the residents and
development review committee, the design review visitors of the city of Bozeman by regulating and
board, the planning board, or the city commission, controlling the size,location,type,quality of materi-
until fees have been paid in full. (Ord. 1514 (part), als,height,maintenance and construction of all signs
2000: Ord. 1516§ 1 (Exh.A) (part), 2000) and sign structures not located within a building for
the following reasons:
A. To preserve the Bozeman area's natural scenic
Chapter 18.65 beauty;
B. To contribute to inviting entrances into
BOZEMAN SIGN CODE Bozeman by eliminating clutter associated, in part,
with the unrestricted proliferation of signs,lights,and
Sections: stringed devices;
18.65.010 Intent and purposes. C. To encourage area beautification through
18.65.020 Definitions and interpretation. creative,interrelated design of signage,landscaping,
18.65.030 Sign permit requirements. buildings, access and parking that enhances the
18.65.040 Prohibited signs. community's built and natural environment;
18.65.050 Permitted temporary and special D. To give all businesses an equal opportunity to
event signs, have a sign that will help people find the services
18.65.060 Signs exempt from permit they need;
requirements. E. To ensure that pedestrians and motorists are
18.65.070 Signs permitted upon the issuance protected from damage or injury caused or partly
of a sign permit. attributable to the distractions and obstructions which
18.65.080 Comprehensive sign plan. are caused by improperly situated signs. The city
18.65.090 Multitenant complexes with less commission intends to provide a reasonable balance
than one hundred thousand between the right of an individual to identify its
square feet of ground floor area. business, and the right of the public to be protected
18.65.100 Multitenant complexes with more from the visual discord that results from the
than one hundred thousand unrestricted proliferation of signs,
square feet of ground floor area. Sections 18.42.080 and 18.43.080 establish certain
18.65.110 Indoor shopping mall complexes exemptions and alternative procedures utilizing
with more than one hundred design review by the design review board (DRB).
thousand square feet of ground The deliberations and decisions of the DRB shall be
floor area. directed to accomplish the intent and purpose of this
18.65.120 Illumination. chapter. It is determined that the regulations
18.65.130 Street vision triangles, contained herein are the minimum necessary to
18.65.140 Required address signs. further the interests of this code. (Ord. 1514 (part),
18.65.150 Billboards. 2000: Ord. 1516 § 1 (Exh. A) (part),2000)
18.65.160 Historic or culturally significant
signs. 18.65.020 Definitions and interpretation.
18.65.1.70 Application. Words and phrases used in this chapter shall have
18.65.180 Maintenance of permitted signs. the meanings set forth in this section. Words and
18.65.190 Nonconforming signs. phrases not defined in this section but defined in this
18.65.200 Violation. title shall be given the meanings set forth herein.All
(Bozeman 1 396-72
18.65.020
other words and phrases shall be given their official flag of any institution or business shall not be
common, ordinary meaning, unless the context considered banners.
clearly requires otherwise. Section headings or cap- "Beacon"means any light with one or more beams
tions are for reference purposes only and shall not be directed into the atmosphere or directed at one or
used in the interpretation of this chapter. more points not on the same zone lot as the light
"Anchor tenant" means a tenant within a retail source; also, any light with one or more beams that
shopping center or complex which utilizes twenty rotate or move.
thousand or more square feet of ground floor area in "Building frontage" means the maximum dimen-
one or more structures, sion of the building front measured on a straight line
"Area of signs"means that the area of a sign shall parallel to the street.
be computed by enclosing the entire area within any "Canopy" means any open, permanent roof-like
type of perimeter or border which may enclose the accessory structure which is not attached or part of a
outer limits of any writing, representation,emblem, principal building.For the purposes of this chapter,a
figure, or character together with any other material sign located on a canopy shall be considered a wall
or color forming an integral part of the display or sign.
used to differentiate such sign from a building on "Commercial message"means any sign wording,
which it is placed. The area of a sign having no such logo, or other representation that, directly or indi-
perimeter shall be computed by enclosing the entire rectly,names, advertises or calls attention to a busi-
area within parallelograms, triangles, or circles in a ness,product, service, or other commercial activity.
size sufficient to cover the entire area of the sign "Directional sign" means an on-premises sign
copy and computing the size of such area.In the case which is intended to convey information regarding
of a two-sided sign,the area shall be computed as in- the location of specific features of the site or to
cluding only the maximum single display surface convey on-premises regulations including traffic and
which is visible from any ground position at one circulation regulations.
time. If the angle between the two sign faces is "Freestanding sign"means any sign supported by
greater than forty-five degrees,the sign area will be structures or supports that are placed on,or anchored
the sum of the areas of the two faces.The supports or in, the ground and that are independent from any
uprights on which any sign is supported should not building or other structure.
be included in determining the sign area unless such "Height of low profile sign" means the vertical
supports or uprights are designed in such amanner as distance between the finished grade and the highest
to form an integral background of the sign. in the component of the sign.
case of any spherical,conical,or cylindrical sign one "Height of pole style sign" means the vertical
half of the total surface area shall be computed as the distance between the elevation of the adjacent street
area of the sign. curb, or edge of pavement if no curb exists, to the
"Awning" means a roof-like structure, which is highest attached component of the sign.In the event
generally composed of a skeletal frame,covered in a that the finished grade of the sign location is higher,
fabric or other skin-type material,and typically open or lower, than the adjacent street curb or edge of
on the bottom side,which projects beyond a building pavement, the height shall be determined as the
or extending along and projecting beyond the wall of vertical distance from the median elevation between
the building. For the purposes of this chapter a sign the adjacent street curb or edge of pavement and the
on an awning shall be considered to be a wall sign, lowest finished grade at the base of the sign to the
"Banner"means any sign of lightweight fabric or highest attached component of the sign.
similar material that is permanently mounted to a "Incidental sign"means a sign,generally informa-
pole or a building by a permanent frame at one or tional,that has a purpose secondary to the use of the
more edges.National,state or municipal flags,or the zone lot on which it is Iocated,such as"no parking,"
396-73 (Bozeman 11-01)
18.65.020
"entrance," "loading only," "telephone," and other means of wheels;signs converted to A-or T-frames;
similar directives. No sign with a commercial balloons used as signs;umbrellas used for advertis-
message which is designed with the intent to be ing; and signs attached to or painted on vehicles
legible from a position off the zone lot on which the parked and visible from the public right-of-way,
sign is located shall be considered incidental. unless said vehicle is used in the normal day-to-day
"Interchange zone"means districts created for the operations of the business.
purpose of allowing larger and/or additional signage "Projecting sign" means any sign affixed to a
for the areas adjacent to the 1-90 interchanges at East building or wall in such a manner that its leading
Main Street, North 7th Avenue, and North 19th edge extends more than six inches beyond the surface
Avenue which are located within the entryway of such building or wall and is perpendicular to such
overlay district, B-2 District, and within one thou- building or wall.
sand three hundred feet of the 1-90 right-of-way. "Revolving sign" means any sign which all, or a
"Low-profile sign" means a freestanding sign portion of, may rotate either on an intermittent or
composed of a solid structure between finished grade constant basis.
and the top of the sign. Also referred to as a "Roof sign" means any sign erected and con-
monument sign. strutted on and over the roof of a building,supported
"Noncommercial speech" means any sign by the roof structure,and extending vertically above
wording,logo,or other representation that does not, any portion of the roof.Roof signs shall not include
directly or indirectly, name, advertise, or call signs located on a mansard roof if the sign is
attention to a business, product, service, or other mounted vertically and integrated with the roof.For
commercial activity. the purpose of this chapter,architecturally integrated
"Nonconforming sign"means a sign that does not mansard signs and other architecturally integrated
conform to the provisions of this chapter. signs located below the principal roof line shall be
"Off-premises sign"means a sign which advertises classified as wall signs.
or directs attention to products or activities that are "Setback" means the distance from the property
not provided on the parcel upon which the sign is line to the nearest part of the applicable building,
located. structure, or sign, measured perpendicularly to the
"Parapet" means that part of the wall which ex- property line.
tends above the roof.For the purposes of this chapter, "Shopping mall"means a multi-tenant retail struc-
the top of the parapet shall be considered to be the ture where tenants are located on both sides of a
roofline. covered walkway with direct pedestrian access to all
"Pennant"means any lightweight plastic,fabric,or establishments from the walkway.
other material,whether or not containing a message "Sign" means any device, fixture, placard, or
of any kind, suspended from a rope, wire, or string, structure that uses any color, form, graphic, illumi-
usually in series,designed to move in the wind. nation,symbol,or writing to advertise,announce the
"Pole sign" means a freestanding sign which is purpose of, or identify the purpose of a person or
supported by a column(s) or other structural mem- entity,or to communicate information of any kind to
ber(s)that is permanently attached to the ground or a the public.
ground-mounted structure and provides a minimum "Special event sign" means a temporary sign
of eight feet of visible,vertical clearance between the which advertises special civic events and activities
sign and finished grade. such as street fairs, community festivals, parades,
"Portable sign" means any sign not permanently farmers markets and charity benefits.
attached to the ground or other permanent structure, "Street" means a strip of land or way subject to
or a sign designed to be transported, including, but vehicular traffic (as well as pedestrian traffic) that
not limited to, signs designed to be transported by provides direct access to property,including,but not
(Bozeman>1-o r) 396-74
18.65.030-18.65.060
limited to,avenues,boulevards,courts,drives,high- H. Inflatable signs and tethered balloons;(except
ways,lanes,places,roads,or other thoroughfares,but as permitted per Section 18.65.050.)
not including alleys or driveways. I. Signs located in public rights-of-way(except
"Temporary sign"means any sign that is used only for those permitted in Sections 18.65.060C and
temporarily and is not permanently mounted. 18.65.070(D)(4)).(Ord. 1514(part),2000:Ord. 1516
"Wall sign" means any sign painted on, attached § 1 (Exh.A) (part), 2000)
to,or erected against the wall of a building,structure,
canopy or awning with the exposed face of the sign 18.65.050 Permitted temporary and special
parallel to the plane of said wall or structure. The event signs.
sign must be attached in a manner so that it does not Temporary and special event signs, such as ban-
extend beyond six inches of the wall. ners,tethered balloons and inflatable signs, shall be
"Window sign"means any sign,painted,attached, allowed only as follows:
glued, or otherwise affixed to a window for the A. Special event signs are permitted in the zones
purpose of being visible from the exterior of the described in Sections 18.65.070A and 18.65.070B.
building. B. Such signs shall be displayed for a consecutive
"Zone lot" means a parcel of land or contiguous period not to exceed fifteen days, for a maximum of
parcels of land held in single ownership that is of thirty days per year with the exception of grand
sufficient size to meet minimum zoning requirements opening banners which may be displayed for a period
for area, coverage and use. (Ord. 1514 (part), 2000: not to exceed sixty days. Only one grand opening
Ord. 1516 § 1 (Exh. A)(part),2000) banner shall be permitted for the life of a business.A
subsequent grand opening banner may be permitted
18.65.030 Sign permit requirements. when business ownership has transferred to another
If a sign requiring a permit under the provision of owner,
this chapter is to be placed, constructed, erected, or C. Such banners shall be consistent with the
modified on a zone lot, the owner of the lot shall standards of this chapter as to location, height, and
secure a sign and building permit prior to the con- type.
struction, placement, erection, or modification of D. Applicants for such banners must apply for,
such a sign. Furthermore, the property owner shall and have approved, a temporary sign permit. (Ord.
maintain in force,at all times,a permit for such sign. 1514 (part), 2000: Ord. 1516 § 1 (Exh. A) (part),
No permit of any kind shall be issued for an existing 2000)
sign or proposed sign unless such sign is consistent
with the requirements of this chapter. (Ord. 1514 18.65.060 Signs exempt from permit
(part), 2000: Ord. 1516 § 1 (Exh. A) (part), 2000) requirements.
The following signs shall be exempt from regula-
18.65.040 Prohibited signs. tion under this chapter:
All signs not expressly permitted under this chap- A. Residential Zones(R-S,R-1,R-2,R-2a,R-3,
ter, or exempt from regulation, are prohibited in the R-3a,R-4,R-MH).Temporary,nonilluminated,real
city.Such signs include, but are not limited to: estate sale, and noncommercial speech signs that do
A. Portable signs; not exceed nine square feet in total area and, if
B. Roof signs; freestanding, five feet in height. No more than one
C. Revolving signs; such sign per street frontage.
D. Beacons; B. Commercial and Manufacturing Zones(R-O,
E. Flashing signs; B-1,B-2,B-3,M-1,M-2, BP,PLI, HMU).
F. Pennants; 1. Window signs painted on the window or
G. Stringed flags; affixed to the interior of a window provided that such
396-75 (Bozeman 11-01)
18.65.070
signs do not occupy more than twenty-five percent of 1. Freestanding Signs. One freestanding sign is
the area of the window in which it is displayed.If it permitted per zoned lot. The maximum area for a
exceeds twenty-five percent of the area of the freestanding sign shall be thirty-two square feet. A
window, it will be classified as a wall sign. low profile freestanding sign shall be set back a
2. Signs within a structure or building or other minimum of five feet with a maximum height of five
enclosed area of property when such signs are not feet.A pole-style freestanding sign shall be set back
intended to be viewed from outside the structure or a minimum of fifteen feet with a maximum height of
property. thirteen feet. The pole-style sigh will maintain at
3. Four on-premises directional signs not exceed- least an eight feet minimum vertical clearance from
ing four square feet in area which shall not contain the ground.
any commercial messages. 2. Wall Signs. Wall signs are not to exceed a
C. All Zones. total signage allowance of one and one-half square
1. Government and Public Utility Signs.Direc- feet per linear foot of building frontage minus any
tional,warning,street,building identification,traffic area devoted to freestanding or projecting signs.
control, informational or temporary special event Canopy, window, and awning signs shall be classi-
signs that are erected, installed, or placed by or on fled as wall signs.Wall signs shall not project above
behalf of any federal, state, county, or city govern- the top of a wall or parapet.Lots fronting on two or
mens. Public utility signs showing locations of un- more streets shall be permitted an additional thirty-
derground facilities or public telephones, and safety five percent of the already permitted wall sign area
signs on construction sites are included within this for each subsequent building frontage.
exemption_ 3. Projecting Signs. One projecting sign per
2. Incidental Signs. A sign, generally informa- tenant.Projecting signs shall not exceed eight square
tional, that has a purpose secondary to the use of the feet in area nor extend more than four feet from the
zone lot on which it is located,such as"no parking," building. Projecting signs shall provide a minimum
"entrance," "loading only," and other similar sidewalk clearance of eight feet.
directives. No sign with a commercial message B. Business and Office Zones (B-1, R-O). The
which is designed with the intent to be legible from a maximum allowable total signage for a lot shall not
position off the zone lot on which the sign is located exceed eighty square feet in a B-1 district,and thirty-
shall be considered incidental. (Ord. 1514 (part), two square feet in a R-0 district. A comprehensive
2000: Ord. 1516 § 1 (Exh.A)(part), 2000) sign plan is required for all commercial centers
consisting of two or more tenant spaces on a lot.
18.65.470 Signs permitted upon the issuance of Such plans shall be designed in accordance with
a sign permit. Section 18.65.080.
The following on-premises signs are permitted in 1. Low-Profile Freestanding Signs. One low-
the indicated zones subject to a sign permit: profile sign not to exceed thirty-two square feet in
A. Commercial,Manufacturing,and Public Land area in the B-I district,and twelve square feet in area
Zones(13-2,B-3,M-1,M-2,BP,PLI,HMU).A lot in in the R-O district. In both the B-1 and the R-O
a B-2 district is permitted total signage not to exceed districts,the low-profile sign shall have a minimum
four hundred square feet. The maximum allowable setback of five feet and a maximum height of five
total signage in the other districts listed herein shall feet. Pole-style freestanding signs are not permitted
not exceed two hundred fifty square feet per lot. A in the B-1 and R-O zones.
comprehensive sign plan is required for all 2. Wall Signs.Wall signs in the B-1 district are
commercial centers consisting of two or more tenant not to exceed a total signage allowance of one square
spaces on a lot and shall be designed in accordance foot per linear foot of building frontage minus any
with Section 18.65.080, area devoted to freestanding or projecting signs.Wail
{Bozeman 11-00 396-76
18.65.070
signs in the R-O district are not to exceed a total c. Conditional nonresidential type uses,such as
signage allowance of half of a square foot per linear churches, veterinary uses, golf courses, day care
foot of building frontage minus any area devoted to centers and schools shall be permitted signage as if
freestanding and/or projecting signs. Canopy, the underlying zoning were B-1. Conditional
window,and awning signs shall be classified as wall residential type uses such as bed and breakfast
signs.Wall signs shall not project above the top of a homes, and fraternity and sorority houses, shall be
wall or parapet.Lots fronting on two or more streets permitted signage as if the underlying zoning were
shall be permitted an additional thirty-five percent of R-O. Such signs may only be illuminated during the
the already permitted wall sign area for each hours of operation.
subsequent building frontage. 4. Planned Unit Developments. Commercial
3. Projecting Signs. One projecting sign per establishments within planned unit developments
tenant.Projecting signs shall not exceed eight square where the underlying zoning is residential or agri-
feet in area nor extend more than four feet from the cultural shall be permitted signage as if the lot were
building. Projecting signs shall provide a minimum in a B-1 zone.
sidewalk clearance of eight feet. D. Special Districts and Zones.The guidelines for
C. Residential and Agricultural Zones(R-S,R-1, the underlying zoning districts apply unless
R-2,R-2a,R-3,R-3a,R-4,R-MH). otherwise addressed below.
1. Subdivision Identification Signs.For residen- 1. Neighborhood Conservation Overlay District.
tial subdivisions consisting of more than four resi- Within this district,all signage is subject to issuance
dential units, one low-profile, freestanding, neigh- of a certificate of appropriateness.If the applicant is
borhood identification sign per development en- not requesting sign deviations, the sign application
trance.Each sign shall not exceed sixteen square feet will be reviewed by ADR staff. If the applicant is
in area or five feet in height from the finished grade. requesting deviations, the sign application shall be
The sign must be setback at least five feet from the subject to review by the design review board and the
property line. city commission.
2. Residential Building Identification Signs.For 2. Entryway Overlay District. Signage may
properties used for multi-household residential build- exceed the underlying zoning district limitations by
ings,one residential identification wall sign per street up to twenty percent upon review and approval by
frontage.Each sign shall not exceed eight square feet the city commission, upon the recommendation of
in area. the design review board, and upon receipt of a
3. Signs Appurtenant to Residential Principal and certificate of appropriateness.
Conditional Uses and Home Occupations. 3. Interchange Zone. Signage may exceed the
a. Principal residential uses and home occ- maximum total sign area permitted by Section
upations shall be permitted commercial message 18.65.070 by up to twenty-five percent upon review
signage not to exceed four square feet in area and and approval by the city commission, upon the
shall not be located in any required setback area.In recommendation of the design review board, and
addition, home occupations shall be permitted one upon receipt of a certificate of appropriateness.Each
square foot signs on a mailbox or lamp post or one lot shall be permitted one freestanding sign.
and one-half square feet of freestanding signage a. Low-Profile Signs. One low-profile sign per
located a minimum of five fee from the property line. zoned lot.The maximum area for a low-profile sign
b. Principal residential uses shall be p(-rnitted shall be forty square feet.The sign shall be setback a
noncommercial speech signs which do not exceed minimum of five feet with a maximum height of
thirty square feet in area nor five feet in height. Such eight feet,
sign(s)must be setback at least fifteen feet from the b. Pole-Style Signs. A pole-style freestanding
property line. sign shall be set back a minimum of fifteen feet and
396-77 (Bozeman 11-01)
18.65.080-18.65.100
will maintain at least an eight feet minimum vertical 18.65.090 Multitenant complexes with less
clearance. Pole-style signs shall not exceed a total than one hundred thousand square
area of forty square feet or sixteen feet in height, feet of ground floor area.
provided however,that for every two feet said sign is The guidelines for the underlying zoning districts
set back from fifteen beyond the street right-of-way, apply unless otherwise addressed below:
the height measured at grade may increased one The maximum permitted wall sign area allowed
foot,not to exceed a total of thirty-two feet,and the for each tenant space shall be the percentage of the
area may be increased by two and one-half square total floor area on the zoned lot that the tenant
feet for every two feet that said sign is set back occupies multiplied by the wall area allowed by
fifteen feet beyond the street right-of-way up to a Section 18.65.070(A)(2)or Section 18.65.070(B)(2).
maximum of one hundred twenty square feet. If the lot has more than one building frontage, the
4. Main Street Historic District.Permits for signs individual tenant space may derive sign area only
that encroach into the public right-of-way shall be from the frontage(s) which the space faces. Lots
obtained from the city manager's office in City Hall. under this section shall be allowed a low profile sign
(Ord. 1514 (part), 2000: Ord. 1516 § 1 (Exh. A) that identifies the complex, which otherwise
(Part), 2000) conforms to this chapter,in addition to the sign area
already permitted under Section 18.65.070(A)(2)or
18.65.080 Comprehensive sign plan. Section 18.65.070(B)(2). (Ord. 1514 (part), 2000:
A comprehensive sign plan shall be submitted for Ord. 1516 § 1 (Exh.A)(part), 2000)
all commercial, office, industrial, and civic uses
consisting of two or more tenant or occupant spaces 18.65.100 Multitenant complexes with more
on a lot or two or more lots subject to a common than one hundred thousand square
development permit or plan.A comprehensive sign feet of ground floor area.
plan shall not be approved unless it is consistent with The guidelines for the underlying zoning districts
this chapter, the underlying zoning regulations apply unless otherwise addressed below:
applicable to the property and any discretionary A. Freestanding Signs.
development permit or plan for the property. The 1. Pole-Style Signs. One pole-style sign per
plan should include the size and location of buildings street frontage not to exceed forty-eight square feet in
and the size and location of existing and proposed area or sixteen feet in height.The sign area computed
signs. The purpose of the plan is to coordinate for a pole-style sign shall not be subtracted from the
graphics and signs with building design. The maximum allowable wall signage permitted for the
coordination shall be achieved by: entire complex.
A. Using the same type of cabinet supports or 2. Low-Profile Signs.One low-profile sign shall
method of mounting for signs of the same type;using be permitted at each secondary entrance of the com-
the same type of construction for components, such plex,provided each sign shall not exceed thirty-two
as sign copy,cabinet and supports;using other types square feet in area, nor five feet in height, and must
of integrating techniques, such as common color be setback a minimum of five feet from the property
elements, determined appropriate by the planning lines. All low-profile signs shall only identify the
director, complex and must display the street number address
B. Using the same farm of illumination for all in figures which are at least six inches high. Low-
signs, or by using varied forms of illuminations profile signs complying with these regulations will
determined compatible by the planning director, not be factored when calculating the maximum
(Ord. 1514 (part), 2000: Ord. 1516 § 1 (Exh. A) permitted wall sign area.
(Part),2000) B. Wall Signs. Each tenant shall be permitted
wall signage square footage calculated from one and
(Bozeman 11-01) 396-78
18.65.110--18.65.155
one-half times the linear store frontage. (Ord. 1514 tubing shall be equipped with dimmers. (Ord. 1514
(part),2000: Ord. 1516 § 1 (Exh. A) (part),2000) (part), 2000: Ord- 1516 § 1 (Exh.A) (part),2000)
18.65.110 Indoor shopping mall complexes 18.65.130 Street vision triangles.
with more than one hundred Signs shall not be placed in sight vision triangles
thousand square feet of ground floor as they are defined in Section 18.50.080 of this title.
area. (Ord. 1514 (part), 2000: Ord. 1516 § 1 (Exh. A)
The guidelines for the underlying zoning districts (part), 2000)
apply unless otherwise addressed below:
A. Freestanding Signs. 18.65.140 Required address signs.
1. Pole-Style Signs. One pole-style sign per Street numbers shall be required for all residential,
street frontage not to exceed forty-eight square feet in commercial, industrial, and civic uses in all zones,
area or sixteen feet in height.The sign area computed consistent with the requirements of the city fire
for a pole-style sign shall not be subtracted from the department. All freestanding signs shall display the
maximum allowable wall signage permitted for the address of the lot in six-inch numbers. (Ord. 1514
entire complex. (part), 2000: Ord. 1516 § 1 (Exh.A) (part),2000)
2. Low-Profile Signs.One low-profile sign shall
be permitted at each secondary entrance of the com- 18.65.150 Billboards.
plex,provided each sign shall not exceed thirty-two Off-premises commercial advertising signs are not
square feet in area,nor five feet in height, and must permitted within the Bozeman city limits except as
be setback a minimum of five feet from the property permitted by state,or federal,law.(Ord. 1514(part),
lines. All low-profile signs shall only identify the 2000: Ord. 1516 § 1 (Exh.A) (part),2000)
complex and must display the street number address
in figures which are at least six inches high. Low- 18.65.155 Signs erected in conjunction with
profile signs complying with these regulations will non-profit activities on public
not be factored when calculating the maximum property.
permitted wall sign area. Signs erected on public property in support of non-
B. Wall Signs. Each anchor tenant shall be per- profit activities,such as signs advertising sponsors of
mitted three hundred square feet of wall signage. youth and sports activities, shall be allowed only as
Each tenant with an exclusive outdoor customer follows:
entrance shall be permitted wall signage square A. The sign(s) shall be permitted only at
footage calculated from five percent of the ground developed facilities in public parks or other publicly
floor area. (Ord. 1514 (part), 2000: Ord. 1516 § I owned lands.
(Exh.A) (part), 2000) B. The sip(s)maybe erected two weeks prior to
the commencement of the activity and shall be
18.65.120 Illumination. removed within two weeks after the cessation of the
Illumination,if any,shall be provided by artificial activity for which the sign(s)were erected.
light which is constant in intensity and color. Inter- C. Each individual sign shall be no larger than
nally illuminated"can signs"are acceptable provided thirty-two square feet- Freestanding signs must be
background and copy are coordinated to avoid setback a minimum of fifteen feet from the property
excessive light output. Neon and other gas type line with a maximum height of five feet. Signs
transformers shall be limited to sixty milliamperes attached to walls or scoreboards shall not be subject
and fluorescent transformers shall be limited to eight to the five foot height limitation. However, signs
hundred milliamperes to soften light output. Addi- attached to walls or scoreboards shall not exceed the
tionally,neon and other gas type signs with exposed height of the wall or scoreboard to which they are
396-79 (Bozeman 11-01)
18.65.160-18.65.190
attached. All signs shall be oriented towards 18.65.180 Maintenance of permitted signs.
spectators attending the activity who are at the All signs shall be continuously maintained in a
facility. state of security, safety and repair. If any sign is
D. The sign(s) shall not: found not to be so maintained or is in need of repair,
1. Advertise alcoholic beverages or tobacco it shall be the duty of the owner and the occupant of
products; I the premises to repair or remove the sign within ten
2. Be individually illuminated;nor days after receiving written notice to do so from the
3. Be placed in sight vision triangles or otherwise planning director. If the sign is not so repaired or
impede or obstruct the view of the traveling public. removed within such time,the planning director shall
E. Applicants for such sign(s) must apply for, cause the sign to be removed at the expense of the
and have approved, a special temporary sign permit owner of the premises.(Ord. 1514(part),2000:Ord.
detailing the nature of the sign(s) to be erected and 1516 § 1 (Exh.A) (part),2000)
the duration the sign(s) will remain in place.
Applications and review procedures shall be made 18.65.190 Nonconforming signs.
per Section 18.50.140.(Ord. 1514(part),2000:Ord. A. The eventual elimination of existing signs that
1516 § 1 (Exh.A)(part),2000) are not in conformity with the provisions of this
chapter is as important as the regulation of new signs.
18.65.160 Historic or culturally significant Except as otherwise provided herein, the owner of
signs. any zone Iot or other premises on which exists a sign
Signs which have historical or cultural signifi- that does not conform with the requirements of this
cance to the city but do not conform to the provisions chapter and for which there is no prior, valid sign
of this chapter, may be permitted provided that the permit shall remove such sign.
city commission adopts findings supporting the B. All signs which were legally permitted prior to
historical or cultural significance of the sign and June 22, 1997, are considered legal,permitted signs
issues a sign permit. Such findings shall be adopted under this chapter. Except as provided for in
by resolution of the city commission and the design subsection C of this section, said sign, if noncon-
review board.(Ord. 1514(part),2000:Ord. 1516§ 1 forming with this chapter,may not be:
(Exh.A) (part),2000) 1. Replaced except with a conforming sign;
2. Changed in copy(except for signs specifically
18.65.170 Application. designed to be changed in copy);
An application for a sign shall be made on forms 3. Structurally altered to extend its useful life;
provided by the planning office.The application shall 4. Expanded, moved, or relocated.
contain sufficient information and plans to permit C. No legal,nonconforming sign may be altered
review pursuant to this chapter, including but not or enlarged in any way which increases its noncon-
limited to. building elevations; photographs; formity,but any existing signage,or portions thereof,
proposed locations of signs on building elevations; may be altered by decreasing its nonconformity
sign design layout showing number, types, and (except as provided in subsection D of this section).
dimensions of all signs, and a site plan showing D. Any lot with a nonconforming sign may not
proposed location of all signs. An applicant may add additional signage until all signs on the lot are
appeal the denial of permit request pursuant to the brought into conformance with this chapter.Any site
provisions of Chapter 18.58.(Ord. 1514(part),2000: modification that requires a certificate of appropri-
Ord. 1516 § i (Exh.A) (part), 2000) ateness, site plan review or reuse application will
necessitate compliance for all existing and proposed
signage on the lot.(Ord. 1514(part),2000:Ord. 1516
§ 1 (Exh.A) (part), 2000)
(Bozeman 11-01) 396-80
18.65.200
18.65.200 Violation.
A. Upon discovery of any violation of this chap-
ter, city officials authorized to enforce this chapter
shall notify in writing the owner or lessee of such
violation,who shall be required to correct the viola-
tion within the time specitied on the written notice.
B. Failure to comply with this chapter after being
duly notified shall result in any or all of the following
actions by the zoning officer or any authorized city
official on behalf of the city:
1. Maintain a civil action to prevent an unlawful
sign use from occurring,to prevent its continuance or
to restrain, correct, or abate any violation of this
chapter;
2. Directly issue and/or submit to the proper
court for filing and processing an appropriate com-
plaint charging an ordinance violation.
C. Any person owning, leasing, erecting, or
controlling any sign in violation of the provisions of
this chapter shall be guilty of a misdemeanor. Each
day that the violation exists shall constitute a separate
offense.(Ord. 1514(part),2000:Ord. 1516§ 1 (Exh.
A) (part),2000)
396-81 (Souman 11-01)
18.70.010--18.70.020
Chapter 18.70 participates in, assists or maintains, such violation
may each be found guilty of a separate offense and
VIOLATION,PENALTIES AND suffer the penalties herein provided.
SEPARABILITY D. Nothing herein contained shall prevent the city
from taking such other lawful action as is necessary
Sections: to prevent or remedy any violation.(Ord. 1514(part),
18.70.010 Complaints of alleged violations-- 2000: Ord. 1516 § 1 (Exh.A) (part), 2000)
Filing and recording.
18.70.020 Violation—Penalty—Assisting or
abetting—Additional remedies.
18.70.010 Complaints of alleged violations—
Filing and recording.
Whenever a violation of this title occurs or is
alleged to have occurred, any person may file a
written complaint. Such complaint stating fully the
causes and basis thereof, shall be filed with the
planning director. He shall record properly such
complaint and immediately investigate and take
action thereon as provided by this title. (Ord. 1514
(part), 2000: Ord. 1516 § 1 (Exh.A) (part),2000)
18.70.020 Violation--Penalty—Assisting or
abetting Additional remedies.
A. Violation of the provisions of this title or
failure to comply with any of its requirements in-
cluding violations of conditions and safeguards
established in connection with the grant of variances
or conditional uses or any of the requirements for
conditions imposed by the development review
committee,design review board and/or city commis-
sion shall constitute a misdemeanor.Any person who
violates this title or fails to comply with any of its
requirements shall upon conviction thereof be fined
not more than five hundred dollars or imprisoned not
more than thirty days, or both, and in addition shall
pay all costs and expenses involved in the case.Each
day such violation continues shall be considered a
separate offense and punishable as such.
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 title.
C. The owner or tenant of any building,structure,
premises, or part thereof, and any architect,builder,
contractor, agent or other person who commits,
(Bozeman>>-01) 396-82