HomeMy WebLinkAboutPacket 2007-02-20_84-382_Finally adopt Ordinance No. 1693, Amendments to Title 18 Unified Development Ordinace of the Bozeman Municipal Code, #Z-06263
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, AICP, Assistant Director
Lanette Windemaker, AICP, Contract Planner
SUBJECT: Ordinance No. 1693 Adopting Amendments to Title 18, Unified
Development Ordinance, of the Bozeman Municipal Code, #Z-06263
MEETING DATE: Tuesday, February 20, 2007
RECOMMENDATION: The City Commission finally adopt Ordinance No. 1693, to be in full
force and effect on March 24, 2007.
BACKGROUND: On January 22, 2007, after the second of two public hearings, the City
Commission approved the amendments to Title 18, Unified Development Ordinance, of the
Bozeman Municipal Code. Staff was directed to bring back an ordinance to adopt the text
amendments with revisions as approved. Ordinance 1693 was provisionally adopted on February 5,
2006.
UNRESOLVED ISSUES: None.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Chris Saunders at csaunders@bozeman.net or Lanette Windemaker at
lwindemaker@bozeman.net if you have any questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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ORDINANCE NO. 1693
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, FOR REVISIONS TO THE TEXT OF
TITLE 18, UNIFIED DEVELOPMENT ORDINANCE, OF THE
BOZEMAN MUNICIPAL CODE.
WHEREAS, on October 22, 2001, the City Commission adopted Resolution No. 3486,
adopting the Bozeman 2020 Community Plan, a growth policy in compliance with Title 76,
Chapter 1, Part 6, MCA; and
WHEREAS, Section 76-2-304, MCA, requires zoning regulations to be in accordance
with a growth policy, and
WHEREAS, Section 76-1-606, MCA, requires regulations relating to subdivisions to be
in accordance with a growth policy, and
WHEREAS, the City Commission adopted Ordinance No. 1604, establishing a new
Unified Development Ordinance, Title 18 of the Bozeman Municipal Code, to replace the
existing zoning and subdivision regulations, effective on January 1, 2004; and
WHEREAS, the City Commission adopted Ordinance No. 1645, adopting
comprehensive revisions to Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code effective on October 1, 2005; and
WHEREAS, the City Commission directed staff to prepare revisions to Title 18, Unified
Development Ordinance, of the Bozeman Municipal Code for consideration and possible
implementation, and
WHEREAS, staff drafted revisions to Title 18, Unified Development Ordinance, of the
Bozeman Municipal Code for consideration by the public, advisory bodies, and elected officials;
and
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WHEREAS, the draft revisions to Title 18, Unified Development Ordinance, of the
Bozeman Municipal Code was the subject of public notice and joint public hearings before the
Zoning Commission as required by Section 76-2-307 MCA, and the Planning Board as required
by Sections 76-1-107 and 76-3-503 MCA on December 5, 2006 and December 19, 2006; and
WHEREAS, the Zoning Commission forwarded a favorable recommendation regarding
regulatory text, including specific revisions to the City Commission for their consideration as
required by Section 76-2-307 MCA; and
WHEREAS, the Planning Board forwarded a favorable recommendation regarding
regulatory text applicable to subdivisions as required by Section 76-1-107 MCA; and
WHEREAS, the City Commission, after public notice was provided, held two public
hearings to take public testimony and consider the recommendation of the Zoning Commission
and Planning Board on January 16, 2007 and January 22, 2007; and
WHEREAS, after receiving public testimony, the City Commission discussed the
amendments;
WHEREAS, the City Commission found that the text of revisions to Title 18, Unified
Development Ordinance, of the Bozeman Municipal Code as recommended by the Zoning
Commission and Planning Board with certain changes as suggested by staff were desirable to
help bring the City’s land use and development regulations into greater compliance with the
City’s adopted growth policy; and
WHEREAS, the City Commission voted to adopt and implement the proposed revisions
to Title 18, Unified Development Ordinance, of the Bozeman Municipal Code; and
WHEREAS, the City Commission directed the Staff to bring back an ordinance to adopt
the text amendments with revisions as recommended by Staff;
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NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
That Chapter 18.02, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.02, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.02, shall read as follows:
See Exhibit A.
Section 2
That Chapter 18.06, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.06, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.06, shall read as follows:
See Exhibit B.
Section 3
That Chapter 18.12, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.12, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.12, shall read as follows:
See Exhibit C.
Section 4
That Chapter 18.16, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.16, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.16, shall read as follows:
See Exhibit D.
Section 5
That Chapter 18.18, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.18, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.18, shall read as follows:
See Exhibit E.
Section 6
That Chapter 18.20, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.20, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.20, shall read as follows:
See Exhibit F.
Section 7
That Chapter 18.22, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.22, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.22, shall read as follows:
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See Exhibit G.
Section 8
That Chapter 18.24, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.24, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.24, shall read as follows:
See Exhibit H.
Section 9
That Chapter 18.28, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.28, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.28, shall read as follows:
See Exhibit I.
Section 10
That Chapter 18.34, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.34, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.34, shall read as follows:
See Exhibit J.
Section 11
That Chapter 18.36, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.36, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.36, shall read as follows:
See Exhibit K.
Section 12
That Chapter 18.40, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.40, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.40, shall read as follows:
See Exhibit L.
Section 13
That Chapter 18.42, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.42, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.42, shall read as follows:
See Exhibit M.
Section 14
That Chapter 18.44, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.44, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.44, shall read as follows:
See Exhibit N.
Section 15
That Chapter 18.46, Title 18, Unified Development Ordinance, of the Bozeman
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Municipal Code be replaced in its entirety by a new Chapter 18.46, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.46, shall read as follows:
See Exhibit O.
Section 16
That Chapter 18.48, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.48, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.48, shall read as follows:
See Exhibit P.
Section 17
That Chapter 18.50, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.50, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.50, shall read as follows:
See Exhibit Q.
Section 18
That Chapter 18.52, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.52, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.52, shall read as follows:
See Exhibit R.
Section 19
That Chapter 18.56, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.56, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.56, shall read as follows:
See Exhibit S.
Section 20
That Chapter 18.58, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.58, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.58, shall read as follows:
See Exhibit T.
Section 21
That Chapter 18.60, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.60, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.60, shall read as follows:
See Exhibit U.
Section 22
That Chapter 18.62, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.62, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.62, shall read as follows:
See Exhibit V.
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Section 23
That Chapter 18.64, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.64, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.64, shall read as follows:
See Exhibit W.
Section 24
That Chapter 18.66, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.66, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.66, shall read as follows:
See Exhibit X.
Section 25
That Chapter 18.72, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.72, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.72, shall read as follows:
See Exhibit Y.
Section 26
That Chapter 18.74, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.74, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.74, shall read as follows:
See Exhibit Z.
Section 27
That Chapter 18.76, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.76, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.76, shall read as follows:
See Exhibit AA.
Section 28
That Chapter 18.78, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.78, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.78, shall read as follows:
See Exhibit BB.
Section 29
That Chapter 18.80, Title 18, Unified Development Ordinance, of the Bozeman
Municipal Code be replaced in its entirety by a new Chapter 18.80, Title 18, Unified
Development Ordinance, and that the newly revised Chapter 18.80, shall read as follows:
See Exhibit CC.
Section 30
Repealer.
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
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Section 31
Severability.
If any provisions of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect the other provisions of this
ordinance which may be given effect without the invalid provision or application and, to this
end, the provisions of this ordinance are declared to be severable.
Section 32
Savings Provision.
This ordinance does not affect the rights or duties that matured, penalties and assessments
that were incurred, approved and permitted projects, or legal proceedings that began before the
effective date of this ordinance.
Section 33
Effective Date.
This ordinance shall be in full force and effect on March 24, 2007.
PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading at a regular session thereof held on the 20th day of
February 2007.
____________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
___________________________________
BRIT FONTENOT
City Clerk
AS TO FORM:
________________________________
PAUL LUWE
City Attorney
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CHAPTER 18.02
GENERAL PROVISIONS
18.02.010 CITATION
This title shall be known and cited as the Unified Development Ordinance of the City of Bozeman,
except when cited herein, where it shall be referred to as “this title.”
18.02.020 AUTHORITY
This title is adopted by authority of §76-2-301 et seq., §76-3-101 et seq. and §7-3-701 et seq., MCA.
Additional City authority is granted by various other sections of state law and the authority granted by
those sections is incorporated as if set forth herein.
18.02.030 JURISDICTIONAL AREA AND APPLICATION
These regulations govern the division, development and use of land within the limits of the City of
Bozeman and lands proposed for annexation to the City of Bozeman. These regulations shall apply to all
private and public lands, all uses thereon, and all structures and buildings over which the City has
jurisdiction under the constitution and laws of the State of Montana or pursuant to the City’s powers.
18.02.040 INTENT AND PURPOSE OF ORDINANCE
A. The intent of this unified development ordinance is to protect the public health, safety and
general welfare; to recognize and balance the various rights and responsibilities relating to land
ownership, use, and development identified in the United States and State of Montana
constitutions, and statutory and common law; to implement the City’s adopted growth policy;
and to meet the requirements of state law.
B. It is the purpose of these regulations to promote the public health, safety and general welfare by:
preventing the creation of private or public nuisances caused by non-compliance with the
standards and procedures of this title; regulating the subdivision, development and use of land;
to prevent the overcrowding of land; to lessen congestion in the streets and highways; to provide
adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress,
and other public improvements; to require development in harmony with the natural
environment; to promote preservation of open space; to promote development approaches that
minimize costs to local citizens and that promote the effective and efficient provision of public
services; to protect the rights of property owners; to require uniform monumentation of land
subdivisions and transferring interests in real property by reference to a plat or certificate of
survey; secure safety from fire, panic and other dangers; to avoid undue concentration of
population; to facilitate the adequate provision of transportation, water, sewerage, schools and
other public requirements; to give reasonable consideration in the review of development
proposals to the character of the district and its peculiar suitability for particular uses; to
conserve the value of buildings; and to encourage the most appropriate use of land throughout
the municipality. (§76-2-304 and §76-3-102, MCA).
C. Further, to support the purposes of §76-2-304 and §76-3-102, MCA, these regulations are
intended to promote and to provide for the:
1. Orderly development of the City;
2. Coordination of streets within subdivided land with other streets and roads, both
existing and planned;
3. Dedication of land for streets and roadways and for public utility easements;
4. Improvement of streets;
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5. Adequate open spaces for travel, light, air and recreation;
6. Adequate transportation, water, drainage and sanitary facilities;
7. Avoidance or minimization of congestion;
8. Avoidance of unnecessary environmental degradation;
9. Encouragement of subdivision development in harmony with the natural environment;
10. Avoidance of danger or injury to health, safety or general welfare by reason of natural
hazard or the lack of water, sewer, drainage, access, transportation or other public
services;
11. Avoidance of excessive expenditure of public funds for the provision of public services;
12. Manner and form of making and filing of plats for subdivided lands;
13. Administration of these regulations, by defining the powers and the duties of approving
authorities, including procedures for the review and approval of all subdivision plats;
14. Division of the City into districts with uniformly applicable standards for development
within each district;
15. To establish standards for the development and use of land;
16. To establish procedures for the review and approval for the development and use of
land; and
17. The establishment of all other requirements necessary to meet the purposes of this title.
D. Pursuant to §76-2-304, §76-1-605 and §76-1-606, MCA, these regulations are also intended to
implement the goals and objectives of the Bozeman 2020 Community Plan, a growth policy for
the City of Bozeman. In the case of a difference of meaning or implication between this title and
the City’s adopted growth policy, the growth policy shall control.
18.02.050 INTERPRETATION AS MINIMUM REQUIREMENTS
A. In their interpretation and application, the provisions of this title shall be held to be minimum
requirements adopted for the promotion of the health, safety and general welfare of the
community. In some instances the public interest will be best served when such minimums are
exceeded. Wherever the requirements of this title are at variance with the requirements of any
other lawfully adopted rules or regulations, or wherever there is an internal conflict within this
title, the most restrictive requirements, or that imposing the higher standards, shall govern.
B. In the case of a difference of meaning or implication between the text of this title and the
captions or headings for each section, the text shall control.
C. When interpreting the meaning of this title, subsections of the ordinance shall be construed in a
manner that will give effect to them all as the ordinance derives its meaning from the entire body
of text taken together.
D. These regulations shall apply uniformly within each zoning district to each class or kind of
structure, land or development as set forth in this title.
18.02.060 DONATIONS OR GRANTS TO PUBLIC CONSIDERED A GRANT TO DONEE
Every donation or grant to the public or to any person, society or corporation marked or noted on a plat
or plan is to be considered a grant to the donee.
18.02.070 CONDITIONS OF APPROVAL
A. Regulation of the subdivision and development of land, and the attachment of reasonable
conditions to land subdivided or developed, or a use undertaken, is an exercise of valid police
Ordinance # 1693: Effective March 24, 2007. page 02-2
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power delegated by the State of Montana to the City. Persons undertaking the subdivision,
development or use of land have the duty of complying with reasonable conditions for design,
dedication, improvement and restrictive use of the land so as to conform to the physical and
economic development of the City, and to the safety and general welfare of the future lot
owners and of the community at large. Such conditions may require compliance with more than
the minimum standards established by this title.
B. Conditions of approval may not be added after final action to grant preliminary approval to a
proposed subdivision or other development unless:
1. The conditions are necessary to correct inaccurate or incomplete information provided
with an application, which error is discovered after the original approval action; and
2. The project is not completed within the time period provided in the approval or by this
title.
However, should the owner seek material modifications (e.g. changes to the intent, nature, or
scope of a subdivision or development, or necessary improvements) to a previously approved
subdivision, development or condition of approval, the entire application shall be considered to
be again opened for review and additional conditions may be applied. Modifications of
conditions of approval shall be reviewed through the same process as the original application.
Final action includes the resolution of any appeals. The provisions of §18.06.040.D.7 may also
apply to revisions of conditions for preliminary plats.
C. Mandatory compliance with the explicit terms of this title does not constitute conditions of
approval and is not affected by the limitations of subsection B of this section.
18.02.080 COMPLIANCE WITH REGULATIONS REQUIRED
A. No land shall hereafter be subdivided, used or occupied, and no building, structure or part
thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, and
no development shall commence unless it is in conformity with all of the regulations herein
specified for the district in which it is located.
B. To the extent reasonable, all City-owned land shall be subject to applicable regulations of the
underlying zoning district. Development of such land shall be subject to approval by the City
Commission upon review of the development review committee and other review bodies as may
be required by this title.
18.02.090 DEVELOPMENTS THAT LIE WITHIN MULTIPLE JURISDICTIONS
If a proposed development lies partly within the City of Bozeman and partly within unincorporated
Gallatin County, the proposed development must be submitted to and approved by both the City and
Gallatin County.
18.02.100 PRIVATE RESTRICTIONS
This title is not intended to affect any existing private agreement or condition such as a deed restriction
or covenant. If any provision of this title is more restrictive or imposes a higher standard than any such
private restriction, the requirements of this title shall control. Where the provisions of any private
restriction are more restrictive or impose higher standards than the provisions of this title, the City has
no duty to enforce such private restrictions or advise of their existence. The City may enforce a private
restriction if the City is a party to such covenant or restriction, if such restriction was required by the
City, or if it was relied upon by the City during the land development process in order to meet the
requirements of this title or another required standard. The City may prohibit private restrictions that
violate matters of law. Covenants are subject to the requirements of §18.72.030, BMC.
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18.02.110 SEVERABILITY
Where any word, phrase, clause, sentence, paragraph, or section or other part of these regulations is held
invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such
judgment shall affect only that part held invalid and such decision shall not affect, impair or nullify this
title as a whole or any other part thereof. Insofar as these regulations are more restrictive than any other
local law, these regulations shall be controlling, and if any other law is more restrictive, the higher
standard shall take precedence over a standard set forth in these regulations.
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CHAPTER 18.06
REVIEW PROCEDURES FOR SUBDIVISIONS
18.06.010 GENERAL PROCEDURE
Every plat of subdivision must be reviewed, approved and filed for record with the County Clerk and
Recorder in accordance with the procedures contained herein before title to the subdivided land can be
sold or transferred in any manner. Subdivisions containing six or more lots shall be considered major
subdivisions. Subdivisions containing five or fewer lots, in which proper access to all lots is provided
and in which no land is to be dedicated to public use for parks and playgrounds, shall be minor
subdivisions.
18.06.020 PRE-SUBMITTAL MEETING AND PRE-APPLICATION PLAN REVIEW
The purpose of a pre-application plan review is to discuss this title and these standards, to familiarize the
developer with the standards, goals and objectives of applicable plans, regulations and ordinances, and
to discuss the proposed subdivision as it relates to these matters.
A. Minor Subdivisions. Prior to the submittal of a subdivision application for a minor subdivision,
the developer shall submit an application for subdivision pre-application review.
B. Major Subdivisions. Prior to the submittal of a subdivision application for a major subdivision,
the developer shall submit an application for subdivision pre-application review. The developer
is encouraged to have a pre-submittal meeting with the Planning Department prior to submitting
a subdivision pre-application.
C. Pre-application Plan Review. For subdivision pre-application review, the developer shall submit
a complete application for pre-application plan review, the appropriate review fee, and copies of
all required pre-application information as set forth in §18.78.030, BMC.
1. Planning Department Review. The Planning Department shall review the pre-
application plan and advise the developer as to whether the plans and data meet the
goals and objectives of applicable plans and this title.
a. Agency Review. The Planning Department will distribute the pre-application
information to appropriate County and City departments and state and federal
agencies for review and written comment. All written comments received from
various agencies, along with the Planning Department’s comments regarding
whether the plans and data meet the standards, goals and objectives of applicable
plans, ordinances, and this title, and for informational purposes identification of
local regulations, state laws, and growth policy provisions that may apply to the
subdivision process, will be forwarded to the applicant to aid in the preparation
of the subdivision application. The Planning Department shall provide a list of
the public utilities, agencies of government, and other parties who may be
contacted and their timeframes for comment on the subdivision application. The
comments collected by the Planning Department shall be provided in person or
by letter to the subdivider or their agent within 30 calendar days of a complete
application being received by the City. The 30 calendar day review period shall be
considered met if the letter is dated, signed and placed in the outgoing mail
within the 30 calendar day review period.
b. Time for Review. The Planning Department shall review the pre-application
plan and within thirty working days advise the developer as to whether the plans
and data meet the goals and objectives of applicable plans and this title. Every
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effort shall be made by the Planning Department to obtain department and
agency comment within this time period.
2. Optional Planning Board Review. If the developer so wishes, he/she may request in
writing that the Planning Board review pre-application plans. The letter of request and
additional copies of the pre-application materials are required for this optional review.
a. The request must be received at least thirty working days prior to the Planning
Board meeting at which it is to be considered. The application will be submitted
to the Planning Board at their next available meeting. A copy of the approved
minutes of the Planning Board meeting will be forwarded to the developer.
3. Time for Follow-up Submittal. A complete subdivision application shall be submitted to
the Planning Department within one calendar year of the date the Planning office dates,
signs and places in the outgoing mail.
4. The property owner will not receive formal written notification on the acceptability or
adequacy of a subdivision pre-application plan submittal.
18.06.030 CONCURRENT REVIEW
The developer has the option of submitting a Department of Environmental Quality (DEQ)/Local
Government Joint Application Form in the place of a Preliminary Plat Application Form, and to request
concurrent subdivision review by the Department of Environmental Quality and the City Commission,
pursuant to §76-4-129, MCA.
18.06.040 PRELIMINARY PLAT
After the requirement for a pre-application review has been satisfied, the developer may submit a
subdivision application. Subdivision applications shall be submitted, along with the appropriate review
fee and all required subdivision application information as set forth in Chapter 18.78, BMC, to the
Planning Department and must conform to the requirements of this title. The preliminary plat shall be
prepared by a surveyor licensed to practice in Montana.
A. Acceptability and Adequacy of Application. The time limits in paragraphs 1 and 2 of
this subsection apply to each successive submittal of the application until a
determination is made that the application contains the required materials and is
adequate for review and the subdivider or their agent is notified.
1. The Planning Department shall review a subdivision application within five working days
of receipt of the application and applicable fee submitted in accordance with any
deadlines established for submittal to determine if the application is acceptable. An
application is acceptable only if it contains all of the information required by this title. If
the application is unacceptable, the application, the review fee and a written explanation
of why the application is unacceptable will be returned to the subdivider, who is the
property owner. If the application is acceptable the subdivider shall be so notified. The
property owner may designate in writing another party to receive notifications regarding
acceptability. The five working day review period shall be considered met if the letter is
dated, signed and placed in the outgoing mail within the five day review period.
2. After the application is deemed acceptable it shall be reviewed for adequacy. The review
for adequacy shall be conducted by the appropriate agency with expertise in the subject
matter. The adequacy review period shall begin on the next working day after the date
that the Planning Department determines the application is acceptable and sends the
required notice to the subdivider; and shall be completed within not more than 15
working days. The 15 working day review period shall be considered met if the letter is
dated, signed and placed in the outgoing mail within the 15 working day review period. If
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the application is inadequate, a written explanation of why the application is inadequate
will be returned to the subdivider, who is the property owner. If the application is
adequate the subdivider shall be so notified. The property owner may designate in
writing another party to receive notifications regarding adequacy.
a. In the event the missing information is not received by the City within 15
working days of notification to the subdivider of inadequacy, all application
materials and one-half of the review fee shall be returned to the subdivider or
their representative. Subsequent resubmittal shall require payment of a review fee
as if it were a new application.
b. A determination that an application is adequate does not restrict the City from
requesting additional information during the subdivision review process. A
determination of adequacy establishes the applicable review criteria as specified
in §18.64.080.A, BMC.
3. The DRC may grant reasonable waivers from submittal of application materials required
by these regulations where it is found that these regulations allow a waiver to be
requested and granted. If in the opinion of the final approval authority the waived
materials are necessary for proper review of the development, the materials shall be
provided before review is completed.
4. In order to be granted a waiver the applicant shall include with the submission of the
subdivision application a written statement describing the requested waiver and the
reasons upon which the request is based. The final approval body shall then consider
each waiver at the time the subdivision application is reviewed. All waivers must be
initially identified with the pre-application stage of review.
B. Review by Affected Agencies. After an application is deemed acceptable, the Planning
Department may submit copies of the preliminary plat and supplementary information to
relevant public utilities and public agencies for review and comment, and to the Planning Board
for its advice pertaining to the approval or denial of the subdivision application. Review by
public agencies or utilities shall not delay the City Commission’s consideration of the subdivision
application beyond the statutorily specified review period. If the Planning Department shall
request review by a public utility, agency of government, and other parties regarding the
subdivision application that was not identified during the pre-application review the Planning
Department shall notify the subdivider.
C. Planning Board Review. At a regularly noticed meeting or public hearing, the Planning Board
shall review all subdivision applications, together with required supplementary plans and
information, and determine whether the plat is in compliance with the City’s growth policy. The
Planning Board shall hold a public hearing on all subdivisions for which a public hearing is
required.
1. Public Testimony. All written public comment received at or prior to a public hearing
shall be incorporated into the written record of the review. Minutes shall be taken of
verbal comment received during the public hearing or public meeting before the
Planning Board and shall be incorporated into the written record of the review. Copies
of the minutes and written comments shall be included in any recommendation made to
the City Commission by the Planning Board.
2. Planning Board Recommendation. Within ten working days of their review, the
Planning Board shall submit in writing to the City Commission, a resolution forwarding
its advice regarding compliance with the City’s growth policy, and a recommendation for
approval, conditional approval or denial of the subdivision application.
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D. City Commission Review. The City Commission shall review and take action on all proposed
subdivisions.
1. The following requirements for a public hearing or a public meeting, and for statutory
review periods, shall be met:
a. First Minor Subdivision Created from a Tract of Record. The City Commission
shall consider the subdivision application and the Planning Board’s
recommendation during a regular public meeting of the Commission. The City
Commission when legal and physical access is provided to all lots shall approve,
conditionally approve or deny the subdivision application of a first minor
subdivision within thirty-five working days of determination that the application
is adequate, unless there is a written extension from the developer for a period
not to exceed one year. A minor subdivision must reviewed as a second or
subsequent minor subdivision if the Tract has been previously subdivided or
created by a subdivision; or the Tract has descended from a tract of record which
has previously been divided by exemption or other means into 6 or more tracts
of record since July 1, 1973.
(1) Variance Requests for Minor Subdivisions. If the developer of a minor
subdivision is requesting a variance from any requirement of this title, the
procedures of §18.66.070, BMC must be followed. Due to the
requirement for a public hearing on variance requests, the developer shall
provide the Planning Department with a written extension of the thirty-
five working day review period at the time the subdivision application
and variance request are submitted.
b. Subdivisions Eligible for Summary Review. The City Commission shall consider
the application and the Planning Board’s recommendation during a regular
public meeting of the Commission. The City Commission shall approve,
conditionally approve or deny a proposed subdivision that is eligible for
summary review within thirty-five calendar days of determination that the
application is adequate, unless there is a written extension from the developer.
Minor subdivisions are eligible for summary review if the plat has been approved
by the Montana Department of Environmental Quality whenever approval is
required by §76-4-101 et seq., MCA.
c. Second or Subsequent Minor Subdivision Created From a Tract of Record. For
the second or subsequent minor subdivision created from a tract of record, the
City Commission shall hold a public hearing on the subdivision application. The
City Commission shall approve, conditionally approve or deny the subdivision
application of a second or subsequent minor subdivision within sixty working
days of determination that the application is adequate for review, unless there is a
written extension from the developer, not to exceed one year.
d. Major Subdivisions. For a major subdivision, the City Commission shall hold a
public hearing on the subdivision application. The City Commission shall
approve, conditionally approve or deny the subdivision application within sixty
working days of determination that the application is adequate for review, unless
there is a written extension from the developer, not to exceed one year.
e. Public Testimony. All written public comment received at a public meeting or
public hearing prior to a decision to approval, approve with conditions, or deny a
subdivision application shall be incorporated into the written record of the
review. Minutes shall be taken of verbal comments received during the public
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hearing before the City Commission and shall be incorporated into the written
record of the review maintained by the City.
f. New and Credible Information. The City Commission shall determine whether
public comments or documents presented to the City Commission at a public
hearing regarding a subdivision application held pursuant to §18.06.040.D, BMC
constitute:
(1) Information or analysis of information that was presented at a public
hearing held pursuant to §18.06.040.D, BMC that the public has had a
reasonable opportunity to examine and on which the public has had a
reasonable opportunity to comment; or
(2) New information regarding a subdivision application that has never been
submitted as evidence or considered by either the City Commission,
Planning Board or by city staff at a hearing during which the subdivision
application was considered.
(3) If the City Commission determines that the public comments or
documents constitute new information not previously considered at a
public hearing, the City Commission may:
(a) Approve, conditionally approve, or deny the proposed
subdivision without basing its decision on the new information if
the governing body determines that the new information is either
irrelevant or not credible; or
(b) Schedule or direct its agent or agency to schedule a subsequent
public hearing before the City Commission for consideration of
only the new information that may have an impact on the
findings and conclusions that the governing body will rely upon
in making its decision on the proposed subdivision.
(c) In deciding whether the information is both new and credible the
City Commission shall consider:
(1) Whether the topic of the information has previously been
examined or available for examination at a public hearing
on the subdivision application;
(2) Whether the information is verifiable, and if applicable
developed by a person with professional competency in
the subject matter;
(3) Whether the information is relevant to a topic within the
jurisdiction of the City.
(4) If a subsequent public hearing is held to consider new and credible
information, the 60 working day review period required in §18.06.040.D
is suspended and the new hearing must be noticed and held within 45
days of the governing body's determination to schedule a new hearing.
After the new hearing, the otherwise applicable time limit for review
resumes at the governing body's next scheduled public meeting for which
proper notice for the public hearing on the subdivision application can
be provided. The governing body may not consider any information
regarding the subdivision application that is presented after the hearing
when making its decision to approve, conditionally approve, or deny the
proposed subdivision.
g. When the subdivision does not qualify, pursuant to §76-4-125(2), MCA, for the
certification established in §18.06.050, BMC, the City shall at any public hearing
collect public comment given regarding the information required §18.78.050.I,
Ordinance # 1693: Effective March 24, 2007. page 06-5
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BMC regarding sanitation. The City shall make any comments submitted or a
summary of the comments submitted available to the subdivider within 30 days
after conditional approval or approval of the subdivision application.
(1) The subdivider shall, as part of the subdivider's application for sanitation
approval, forward the comments or the summary provided by the
governing body to the:
(a) Reviewing authority provided for in Title 76, chapter 4, for
subdivisions that will create one or more parcels containing less
than 20 acres; and
(b) Local health department or board of health for proposed
subdivisions that will create one or more parcels containing 20
acres or more and less than 160 acres.
(2) Parcel Size.
(a) For a proposed subdivision that will create one or more parcels
containing less than 20 acres, the governing body may require
approval by the department of environmental quality as a
condition of approval of the final plat.
(b) For a proposed subdivision that will create one or more parcels
containing 20 acres or more, the governing body may condition
approval of the final plat upon the subdivider demonstrating,
pursuant to [SB 290, section 4], that there is an adequate water
source and at least one area for a septic system and a replacement
drainfield for each lot.
2. Criteria for City Commission Action. The basis for the City Commission’s decision to
approve, conditionally approve or deny the subdivision shall be whether the subdivision
application, public hearing if required, Planning Board advice and recommendation and
additional information demonstrates that development of the subdivision complies with
this title, the City’s growth policy, the Montana Subdivision and Platting Act and other
adopted state and local ordinances, including, but not limited to, applicable zoning
requirements. The City Commission may not deny approval of a subdivision based
solely on the subdivision’s impacts on educational services. When deciding to approve,
conditionally approve or deny a subdivision application, the City Commission shall:
a. Review the preliminary plat, together with required supplementary plans and
information, to determine if it meets the requirements of this title, the
development standards and policies of the City’s growth policy, the Montana
Subdivision and Platting Act, and other adopted state laws and local ordinances,
including but not limited to applicable zoning requirements.
b. Consider written comments from appropriate public agencies, utilities or other
members of the public.
c. Consider the following:
(1) Relevant evidence relating to the public health, safety and welfare;
(2) Other regulations, code provisions or policies in effect in the area of the
proposed subdivision;
(3) The recommendation of the Planning Board; and
(4) Any relevant public testimony.
d. When the subdivision does not qualify, pursuant to §76-4-125(2), MCA, for the
certification established in §18.06.050, BMC the City Commission may
conditionally approve or deny a proposed subdivision as a result of the water and
sanitation information provided pursuant to §18.78.050.I, BMC, or public
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comment received pursuant to 76-3-604 on the information provided pursuant
to §18.78.050.I, BMC. A conditional approval or denial shall be based on
existing subdivision, zoning, or other regulations that the City Commission has
the authority to enforce.
3. City Commission Action. If the City Commission denies or conditionally approves the
subdivision application, it shall forward one copy of the plat to the developer
accompanied by a letter over the appropriate signature stating the reason for disapproval
or enumerating the conditions that must be met to ensure approval of the final plat.
This written statement must include:
a. The reason for the denial or condition imposition;
b. The evidence that justifies the denial or condition imposition; and
c. Information regarding the appeal process for the denial or condition imposition.
4. Mitigation. The City Commission may require the developer to design the subdivision to
reasonably minimize potentially significant adverse impacts identified through the review
required by this title. The City Commission shall issue written findings to justify the
reasonable mitigation required by this title. The City Commission may not unreasonably
restrict a landowner’s ability to develop land, but it is recognized that in some instances
the unmitigated impacts of a proposed development may be unacceptable and will
preclude approval of the plat. When requiring mitigation under this subsection, the City
Commission shall consult with the developer and shall give due weight and consideration
to the expressed preference of the developer.
5. Findings of Fact. The City Commission shall issue written findings of fact that discuss
and weigh the following criteria, as applicable (pursuant to §76-3-608, MCA):
a. Criteria.
(1). Compliance with the survey requirements of the Montana Subdivision
and Platting Act;
(2). Compliance with this title and the review process of these regulations;
(3). The provision of easements for the location and installation of any
necessary utilities;
(4). The provision of legal and physical access to each parcel within the
subdivision and the notation of that access on the applicable plat and any
instrument transferring the parcel; and
(5). For major subdivisions, the findings of fact shall also address the effect
on agriculture, agricultural water user facilities, local services, the natural
environment, wildlife and wildlife habitat, and public health and safety.
b. Required Components. The written findings of fact shall contain at a minimum:
(1) Information regarding the appeal process for the denial or imposition of
conditions;
(2) Identifies the regulations and statutes used in reaching the decision to
deny or impose conditions and explains how they apply to the decision;
(3) Provides the facts and conclusions that the governing body relied upon
in making its decision to deny or impose conditions. The documents,
testimony, or other materials that form the basis of the decision and
support the conclusions of the governing body may be incorporated into
the written findings by reference.
6. Subdivision Application Approval Period. Upon approving or conditionally approving a
subdivision application, the City Commission shall provide the developer with a dated
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and signed statement of approval. This approval shall be in force for not more than one
calendar year for minor subdivisions, two years for single-phased major subdivisions and
three years for multi-phased major subdivisions. At the end of this period, the City
Commission may, at the written request of the developer, extend its approval for no
more than one calendar year, except that the City Commission may extend its approval
for a period of more than one year if that approval period is included as a specific
condition of a written subdivision improvements agreement between the City
Commission and the developer, provided for in §18.74.060, BMC.
7. Changes to Conditions After Approval. Upon written request of the developer, the City
Commission may amend conditions of subdivision application approval where it can be
found that errors or changes beyond the control of the developer have rendered a
condition unnecessary, impossible or illegal. Changes to conditions that are not
unnecessary, impossible or illegal shall be subject to the provisions of §18.02.070, BMC.
a. The written request shall be submitted to the Planning Department.
b. The written consent of all purchasers of land (via contract for deed, etc.) shall be
included with the written request to amend conditions.
c. If it is an application for a major subdivision, the City Commission shall conduct
a public hearing on the request. If it is an application for a minor subdivision,
the City Commission shall consider the request at a regularly scheduled meeting.
(1) If a public hearing is held, public notice of the hearing shall be given in
accordance with this title.
d. The City Commission may approve the requested change if it meets the criteria
set forth in this title.
e. The City Commission shall issue written findings of fact as required in this title.
18.06.050 NOTICE OF CERTIFICATION THAT WATER AND WASTE SERVICES WILL
BE PROVIDED BY LOCAL GOVERNMENT
If the developer is proposing to request an exemption from the Department of Environmental Quality
(DEQ) for infrastructure plan and specification review, the subdivision application shall include a
written request from the developer’s professional engineer, licensed in the state of Montana,
that indicates the intent to request the exemption, and details the extent of water, sewer and stormwater
infrastructure that will be completed prior to final plat approval. A detailed preliminary storm water
drainage plan must also be submitted with the written request. The Director of Public service shall,
prior to final plat approval, send notice of certification to the DEQ per §76-4-127, MCA.
A. The notice of certification shall include the following:
1. The name and address of the applicant;
2. A copy of the preliminary plat included with the application for the proposed
subdivision or a final plat where a preliminary plat is not necessary;
3. The number of proposed parcels in the subdivision;
4. A copy of any applicable zoning ordinances in effect;
5. How construction of the sewage disposal and water supply systems or extensions will be
financed;
6. Certification that the subdivision is within a jurisdictional area that has adopted a growth
policy pursuant to Chapter 1, Title 76, MCA and a copy of the growth policy, when
applicable;
7. The relative location of the subdivision to the City;
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8. Certification that adequate municipal facilities for the supply of water and disposal of
sewage and solid waste are available or will be provided within the time provided in §
76-3-507, MCA;
9. If water supply, sewage disposal or solid waste facilities are not municipally owned,
certification from the facility owners that adequate facilities are available; and
10. Certification that the City Commission has reviewed and approved plans to ensure
adequate stormwater drainage.
18.06.060 FINAL PLAT APPLICATION
After the conditions of preliminary approval and the requirements for the installation of improvements
have been satisfied, the developer shall cause to be prepared a final plat. The final plat shall conform to
the uniform standards for final subdivision plats as set forth in §8.94.3003 ARM. Plans and data shall be
prepared under the supervision of a registered surveyor, licensed in the State of Montana, as their
licensing laws allow.
A. Final Plat Submittal. The final plat and all supplementary documents shall be submitted to the
Planning Department at least thirty working days prior to the expiration of subdivision
application approval or any extension thereto. The submittal shall include a final plat application
form, the appropriate review fee, all information required by §18.78.070, BMC, and a written
explanation of how each of the conditions of subdivision application approval has been satisfied.
B. County Treasurer Certification. A final plat will not be accepted as complete until the County
Treasurer has certified that no real property taxes and special assessments assessed and levied on
the land to be subdivided are delinquent.
C. Review of Abstract and Covenants. With the final plat, the developer shall submit to the
Planning Department a certificate of a licensed title abstractor showing the names of the owners
of record of the land to be subdivided and the names of lienholders or claimants of record
against the land, and the written consent to the subdivision by the owners of the land, if other
than the developer, and any lienholders or claimants of record against the land. The certificate
of licensed title abstractor shall be dated no earlier than thirty calendar days prior to submittal.
Covenants shall also be submitted to the Planning Department with the final plat application.
The Planning Department staff will obtain the City Attorney’s approval of the covenants and the
City Attorney’s certificate.
D. Review by the Planning Department. The Planning Department will then review the final plat
application to ascertain that all conditions and requirements for final approval have been met. If
all conditions and requirements for final approval have been met, the Planning Department shall
forward a report to the City Commission for their action.
E. Final Plat Approval. The City Commission shall examine every final plat, and within forty-five
working days of the date of submission to the Planning Department, shall approve it if it
conforms to the conditions of preliminary approval and the terms of this title.
The City Commission shall examine every final plat at a regular meeting.
1. If the final plat is approved, the Director of Public Service shall so certify the approval in
a printed certificate on the plat.
2. If the final plat isdenied, the City Commission shall cause a letter to be written to the
developer stating the reasons therefore.
F. Filing. The developer shall file the approved, signed final plat and all other required certificates
and documents with the County Clerk and Recorder within sixty days of the date of final
approval.
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18.06.070 CHANGES TO FILED SUBDIVISION PLATS
Changes to a filed subdivision plat must be filed with the County Clerk and Recorder as an amended
plat. An amended plat may not be filed unless it meets the filing requirements for a final subdivision
plat specified in these regulations.
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59106
CHAPTER 18.12
SUBDIVISION CERTIFICATES
18.12.010 GENERAL
The certificates listed in §18.12.020 through §18.12.110, BMC shall be shown on plats and certificates of
survey, as appropriate. Other certificates than those shown may be required by the City of Bozeman
when deemed appropriate. The proper notary block shall be used.
18.12.020 DEDICATION OR CONSENT
All plats of subdivisions must contain a Certificate of Dedication or Certificate of Consent. In the case
of corporate ownership, the proper corporation officer(s) must sign, a corporate notary form must be
used, and the corporate seal must be affixed. The certificate shall read as follows:
A. Certificate of Dedication.
CERTIFICATE OF DEDICATION
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) have caused to be
surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and
dedications, as shown by the plat hereunto included, the following described tract of land, to wit:
Description
(Exterior boundary description of Area Contained
in Plat and total acreage)
The above-described tract of land is to be known and designated as (name of subdivision), City of
Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks
or public lands shown on said plat are hereby granted and donated to the City of Bozeman for the
public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues,
alleys, and parks or public lands dedicated to the public are accepted for public use, but the City
accepts no responsibility for maintaining the same. The owner(s) agree(s) that the City has no
obligation to maintain the lands included in all streets, avenues, alleys, and parks or public lands
hereby dedicated to public use. The lands included in all streets, avenues, alleys, and parks or public
lands dedicated to the public for which the City accepts responsibility for maintenance include (list
specific streets, avenues, alleys or other public lands).
The undersigned hereby grants unto each and every person, firm or corporation, whether public or
private, providing or offering to provide telephone, electric power, gas, internet, cable television or
other similar utility or service, the right to the joint use of an easement for the construction,
maintenance, repair and removal of their lines and other facilities in, over, under and across each
area designated on this plat as “Utility Easement” to have and to hold forever.
DATED this ____ day of __________, _____.
(Acknowledged and notarized signatures of all record owners of platted property)
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B. Certificate of Consent.
CERTIFICATE OF CONSENT
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) caused to be surveyed,
subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as
shown by this plat hereunto included, the following described tract of land, to wit:
Description
(Exterior Boundary Description of Area Contained
in Plat and Total Acreage)
The above described tract of land is to be known and designated as (name of subdivision), City of
Bozeman, Gallatin County, Montana.
The undersigned hereby grants unto each and every person, firm or corporation, whether public or
private, providing or offering to provide telephone, electric power, gas, internet, cable television or
other similar utility or service, the right to the joint use of an easement for the construction,
maintenance, repair and removal of their lines and other facilities in, over, under and across each
area designated on this plat as “Utility Easement” to have and to hold forever.
DATED this ___day of __________, _____.
(Acknowledged and notarized signatures of all record owners of platted property.)
18.12.030 MORTGAGEE
In those cases where the area being platted or the plat of subdivision is subject to any liens, mortgages,
claims, or other encumbrances by party(ies) or other owner(s), the following certificate shall be required:
CONSENT OF MORTGAGEE(S)
(I), (We), the undersigned mortgagee(s) or encumbrancer(s), do hereby join in and consent to the
described plat, releasing (my) (our) respective liens, claims or encumbrances as to any portion of
said lands now being platted into streets, avenues, parks or other public areas which are dedicated to
the City of Bozeman for the public use and enjoyment.
DATED this ___day of __________, _____.
(Acknowledged and notarized signature of all encumbrancers of record.)
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61108
18.12.040 PARK LAND
A. Cash-in-Lieu of Park Land. Where there will be a cash donation in-lieu of park land dedication,
plats of subdivision shall show the following certificate:
CERTIFICATE ACCEPTING CASH DONATION IN-LIEU-OF LAND DEDICATION
In as much as dedication of park land within the platted area of (Subdivision Name) would be
undesirable for park and playground purposes, it is hereby ordered by the City Commission of the
City of Bozeman, that land dedication for park purposes be waived and that cash-in-lieu, in the
amount of __________ dollars, be accepted in accordance with the provisions of the Montana
Subdivision and Platting Act, §76-3-101 through §76-3-625, MCA, and the Bozeman Municipal
Code.
DATED this ___day of __________, _____.
(Signature)
City of Bozeman Director of Public Service
B. Off-Site Park Land Dedication. Where park land will be provided off-site, in accordance with
§18.50.100.D or E, BMC, plats of subdivision shall show the following certificate:
CERTIFICATE ACCEPTING OFF-SITE PARK LAND DEDICATION
In as much as an alternative to dedication of park land, for park and playground purposes within the
platted area of (Subdivision Name), would be desirable, it is hereby ordered by the City Commission
of the City of Bozeman that land dedication for park purposes be provided off-site with land
outside of the platted area of (Subdivision Name) in accordance with the provisions of the Montana
Subdivision and Platting Act, §76-3-101 through §76-3-625, MCA, and the Bozeman Municipal
Code. The off-site park land dedication will be provided with the following described tract(s) of
land, to wit:
Description
(Exterior Boundary Description of Area Contained
in Plat and Total Acreage)
DATED this ___day of __________, _____.
(Signature)
City of Bozeman Director of Public Service
C. Park Land Dedication to School District 7. Where park land will be provided in accordance
with §18.50.100.F, BMC, plats of subdivision shall show the following certificate:
Ordinance # 1693: Effective March 24, 2007. page 12-3
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CERTIFICATE ACCEPTING PARK LAND DEDICATION TO SCHOOL DISTRICT 7
In as much as an alternative to dedication of park land, for park and playground purposes within the
platted area of (Subdivision Name), would be desirable, it is hereby ordered by the City Commission
of the City of Bozeman that required land dedication for park purposes be met with land dedicated
to School District 7 in accordance with the provisions of the Montana Subdivision and Platting Act,
§76-3-101 et. seq., MCA, and the Bozeman Municipal Code. If School District 7 chooses to no
longer use the land for school buildings and facilities, the ownership of the land shall revert to the
City of Bozeman for park purposes and School District 7 shall transfer the land to the City with
clear title and in a condition meeting the minimum development standards for parks established in
§18.50.080, BMC. The land dedication will be provided with the following described tract(s) of land,
to wit:
Description
(Exterior Boundary Description of Area Contained
in Plat and Total Acreage)
DATED this ___day of __________, _____.
(Signature)
City of Bozeman Director of Public Service (Signature)
Chairman, School District 7 Board of Trustees
18.12.050 SURVEYOR
All subdivision plats or certificates of survey shall contain a Certificate of Surveyor which shall read as
follows:
CERTIFICATE OF SURVEYOR
I, the undersigned, (Type or Print Name), Registered Land Surveyor, do hereby certify that between
__________, _____, and __________, _____, I surveyed (Name of Subdivision or Certificate of
Survey), and platted the same as shown on the accompanying plat (or certificate of survey) and as
described in accordance with the provisions of the Montana Subdivision and Platting Act, §76-3-
101 through §76-3-625, MCA, and the Bozeman Municipal Code.
DATED this ___day of __________, _____.
(Signature)
(Printed or Typed Name)
Registration No.
(Seal of Surveyor)
18.12.060 IMPROVEMENTS
A. Where improvements are to be installed prior to final plat approval, the final plat of subdivision
shall contain a Certificate of Completion of Public Improvements. The certificate shall list all
completed and accepted improvements, and shall read as follows:
Ordinance # 1693: Effective March 24, 2007. page 12-4
63110
CERTIFICATE OF COMPLETION OF IMPROVEMENTS
I, (Name of Subdivider), and I, (Name of Subdivider’s Registered Engineer), a registered
professional engineer licensed to practice in the State of Montana, hereby certify that the following
improvements, required to meet the requirements of this title or as a condition(s) of approval of
(Name of Subdivision), have been installed in conformance with the approved plans and
specifications, or financially guaranteed and covered by the improvements agreement accompanying
this plat. Installed Improvements: (List improvements in accordance with §18.12.060.A).
Financially Guaranteed Improvements: (List improvements in accordance with §18.12.060.B). The
subdivider hereby warrants against defects in these improvements for a period of two years from
the date of acceptance by the City of Bozeman. The subdivider grants possession of all public
infrastructure improvements to the City of Bozeman, and the City hereby accepts possession of all
public infrastructure improvements, subject to the above indicated warranty.
Signature of Subdivider (Date) __________
Signature, Number, and Seal of Engineer (Date) __________
Signature, Director of Public Service (Date) __________
B. If all required subdivision improvements will not be installed prior to final plat approval, and the
final plat will be recorded subject to an improvements agreement and financial guarantee, this
certificate shall be modified to also list all improvements NOT completed.
18.12.070 GOVERNING BODY
The City Commission or their designated agent shall certify approval of the plat of subdivision. Said
certificate shall read as follows:
CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE
I, Director of Public Service, City of Bozeman, Montana, do hereby certify that the accompanying
plat has been duly examined and has found the same to conform to the law, approves it, and hereby
accepts the dedication to the City of Bozeman for the public use of any and all lands shown on the
plat as being dedicated to such use.
DATED this ___day of __________, _____.
(Signature), Director of Public Service
18.12.080 EXCLUSION FROM MDEQ REVIEW
The following certificate shall be added to all subdivision plats to certify that adequate storm water
drainage and adequate municipal facilities will be provided.
Ordinance # 1693: Effective March 24, 2007. page 12-5
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CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT
OF ENVIRONMENTAL QUALITY REVIEW
The (Name of Subdivision), Gallatin County, Montana, is within the City of Bozeman, Montana, a
first-class municipality, and within the planning area of the Bozeman growth policy which was
adopted pursuant to §76-1-601 et seq., MCA, and can be provided with adequate storm water
drainage and adequate municipal facilities. Therefore, under the provisions of §76-4-125(2)(d),
MCA, this subdivision is excluded from the requirement for Montana Department of
Environmental Quality review.
DATED this ___ day of __________, _____.
(Signature), Director of Public Service
City of Bozeman, Montana
18.12.090 COUNTY TREASURER
All final subdivision plats, and certificates of survey unless prepared for a subdivision exemption to
provide security for construction mortgages, liens or trust indentures, shall show the following
Certificate of County Treasurer:
CERTIFICATE OF COUNTY TREASURER
I, (Name of County Treasurer), Treasurer of Gallatin County, Montana, do hereby certify that the
accompanying plat (or certificate of survey) has been duly examined and that all real property taxes
and special assessments assessed and levied on the land to be subdivided are paid.
DATED this ___ day of __________, _____.
(Signature), Treasurer of Gallatin County
18.12.100 CLERK AND RECORDER
All plats or certificates of survey shall show the following Certificate of Clerk and Recorder:
CERTIFICATE OF CLERK AND RECORDER
I, (Name of Clerk and Recorder), Clerk and Recorder of Gallatin County, Montana, do hereby
certify that the foregoing instrument was filed in my office at __________ o’clock, (a.m. or p.m.),
this ___ day of __________, _____, and recorded in Book __________ of Plats on Page
__________, Records of the Clerk and Recorder, Gallatin County, Montana.
(Signature), Clerk and Recorder
Ordinance # 1693: Effective March 24, 2007. page 12-6
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18.12.110 CERTIFICATION OF USE OF EXEMPTION CLAIM
The following certificates shall be provided in a printed certificate on the amended plat or certificate of
survey for allowed exemptions:
A. Certificate of Governing Body.
CERTIFICATE OF GOVERNING BODY
I, (Planning Director), do hereby certify that the accompanying (Certificate of Survey or Amended
Plat) has been duly reviewed, and has been found to conform to the requirements of the
Subdivision and Platting Act, §76-3-101 et.seq., MCA, and the Bozeman Municipal Code.
DATED this ___ day of __________, _____.
(Signature), Planning Director
B. Certificate of Exemption. Reference to exclude the survey from Montana Department of
Environmental Quality review can also be added to this certificate, as appropriate.
CERTIFICATE OF EXEMPTION
(I) (We) certify that the purpose of this survey is to (state exemption), and therefore this survey is
exempt from review as a subdivision pursuant to §76-3-207(1) (add appropriate sub-section), MCA.
DATED this ____ day of __________, _____.
(Acknowledged and notarized signatures of all record owners of surveyed property)
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CHAPTER 18.16
RESIDENTIAL ZONING DISTRICTS
18.16.010 INTENT AND PURPOSE OF RESIDENTIAL ZONING DISTRICTS
The intent and purpose of the residential zoning districts is to establish areas within Bozeman that are
primarily residential in character and to set forth certain minimum standards for development within
those areas. The purpose in having more than one residential district is to provide opportunities for a
variety of housing types and arrangements within the community while providing a basic level of
predictability. There is a rebuttable presumption that the uses set forth for each district will be
compatible with each other when the standards of this title are met and any applicable conditions of
approval have been satisfied. Additional requirements for development apply within overlay districts. All
development is subject to §18.02.050, BMC.
A. The intent and purpose of the R-S, Residential Suburban, district is to allow open space,
resource protection and single-household development in circumstances where environmental
constraints limit the desirable density. All new subdivision and site plan developments in this
district shall be subject to the provisions of Chapter 18.36, BMC, Planned Unit Development,
and shall be developed in compliance with the adopted Bozeman growth policy.
B. The intent of the R-1, Residential Single-household, Low Density district is to provide for
single-household residential development and related uses within the City at urban densities, and
to provide for such community facilities and services as will serve the area’s residents while
respecting the residential character and quality of the area.
C. The intent of the R-2, Residential Two-household, Medium Density district is to provide for
one- and two-household residential development at urban densities within the City in areas that
present few or no development constraints, and for community facilities to serve such
development while respecting the residential quality and nature of the area.
D. The intent of the R-3, Residential Medium Density, district is to provide for the development of
one- to five-household residential structures near service facilities within the City. It should
provide for a variety of housing types to serve the varied needs of households of different size,
age and character, while reducing the adverse effect of nonresidential uses.
E. The intent of the R-4, Residential High Density district is to provide for high-density residential
development through a variety of housing types within the City with associated service
functions. This will provide for a variety of compatible housing types to serve the varying needs
of the community’s residents. The net density, as defined in Chapter 18.80, BMC, for new
developments shall be 8 dwellings per acre or greater. Although some office use is permitted, it
shall remain as a secondary use to residential development. Secondary status shall be as
measured by percentage of total building area.
F. The intent of the R-O, Residential-Office district is to provide for and encourage the
development of multi-household and apartment development and compatible professional
offices and businesses that would blend well with adjacent land uses. The primary use of a lot, as
measured by building area, permitted in the R-O district is determined by the underlying growth
policy land use designation. Where the district lies over a residential growth policy designation
the primary use shall be non-office uses; where the district lies over a non-residential designation
the primary use shall be office and other non-residential uses. Primary use shall be measured by
percentage of building floor area.
G. The intent of the RMH, Residential Manufactured Home Community district is to provide for
manufactured home community development and directly related complementary uses within
Ordinance # 1693: Effective March 24, 2007. page 16-1
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the City at a density and character compatible with adjacent development. The district is
intended to be residential in character and consistent with the standards for other forms of
residential development permitted by this title.
18.16.020 AUTHORIZED USES
A. Uses in the various residential districts are depicted in the table below. Principal uses are
indicated with a “P”, conditional uses are indicated with a “C”, accessory uses are indicated with
an “A” and uses which are not permitted with the district are indicated by a “-”.
B. Additional uses for telecommunication uses are contained in Chapter 18.54, BMC.
Table 16-1
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Accessory dwelling units C C P P P P -
Agricultural uses on 2.5 acres or more2 P - - - - - -
Agricultural uses on less than 2.5 acres2 C - - - - - -
Apartments/Apartment Building, as defined in
Chapter 18.80 - - - - P P -
Assisted living/elderly care facilities - - - C C P -
Bed and breakfast C - C C P P -
Commercial stable C - - - - - -
Community centers C C C C C P C
Community residential facilities (with more than
four residents) C C C P P P C
Cooperative housing C C C P P P C
Day care centers C C C P P P C
Essential services (Type I) P P P P P P P
Essential services (Type II) C - - - - - C
Extended stay lodgings - - - - P P -
Family day care home P P P P P P P
Fences A A A A A A A
Fraternity and sorority houses - - - C P P -
Golf courses C C C - - - C
Greenhouses A A A A A A -
Group day care home P P P P P P P
Guesthouses A A A A A A -
Home based businesses5 A/C A/C A/C A/C A/C A/C A/C
Lodging houses - - - C P P -
Ordinance # 1693: Effective March 24, 2007. page 16-2
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Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Offices - - - - C3 P -
Other buildings and structures typically accessory
to authorized uses A A A A A A A
Private garages A A A A A A A
Private or jointly owned community center or
recreational facilities A A A A A A A
Private storm water control facilities A A A A A A A
Private vehicle and boat storage A A A A A A A/C4
Public and private parks P P P P P P P
Manufactured homes on permanent foundations1 P P P P P P P
Manufactured home communities - - - - - - P
Medical offices, clinics, and centers - - - - C P -
Recreational vehicle parks C - - - - - P
Signs, subject to Chapter 18.52, BMC A A A A A A A
Single-household dwelling P P P P P P P
Temporary buildings and yards incidental to
construction work A A A A A A A
Temporary sales and office buildings A A A A A A A
Three- or four-household dwelling - - - P P P -
Two-household dwelling - - P P P P -
Townhouses (two attached units) - - P P P P -
Townhouses (five attached units or less) - - - PP6 P P -
Townhouses (more than five attached units) - - - - P P -
Tool sheds for storage of domestic supplies A A A A A A A
Uses approved as part of a PUD per Chapter
18.36, BMC C C C C C C C
Veterinary uses C - - - - - -
Notes:
1Manufactured homes are subject to the standards of §18.40.130, BMC.
2Agricultural uses includes barns and animal shelters, and the keeping of animals and fowl, together with their dependent young, as hereinafter set
forth per 2.5 acres: one horse or one cow; two sheep or two goats; ten rabbits; thirty-six fowl (chickens, pheasants, pigeons, etc.) or six larger fowl
(ducks, geese, turkeys, etc.). For larger parcels the Planning Director may determine that a larger number of livestock is consistent with the
requirements of this section.
3Only when in conjunction with dwellings.
4Storage for more than three recreational vehicles or boats.
5Home based businesses are subject to the terms and thresholds of §18.40.110, BMC.
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6In the R-3 district, townhouse groups shall not exceed 120 feet in total width
18.16.030 LOT COVERAGE AND FLOOR AREA
A. Maximum lot coverage by principal and accessory buildings shall be:
1. For newly created lots in the R-S district, determined through the PUD review
procedures set forth in Chapter 18.36, BMC, in compliance with the adopted Bozeman
growth policy.
a. For existing lots in the R-S district, not more than 25 percent of the lot area shall
be covered by principal and accessory buildings.
2. Not more than 40 percent of the lot area in the R-1, R-2, R-3 and RMH districts.
3. Not more than 50 percent in the R-4 district.
4. Not more than 40 percent for residential uses or 60 percent for nonresidential or mixed
uses in the R-O district.
B. Minimum floor area requirements for each dwelling in all districts shall be that area required by
the City’s adopted International Building Code.
C. The total floor area of the unit built on a lot subject to the provisions of §18.42.180, Provision
of Affordable Housing, (excluding area used for a garage) shall not exceed a floor area ratio of
1:3.3. For example, if the lot is 5,000 square feet the square footage of the house can not exceed
1,515, or a ratio of 1 square foot of floor area for each 3.3 square feet of lot area.
18.16.040 LOT AREA AND WIDTH
A. All lots shall have a minimum area as set forth in the table below and are cumulative. These
minimums assume a lack of development constraints:
Table 16-2
Lot Area Minimum Lot Area in Square Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling See Paragraph
C below 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001
Two-household dwelling - - 6,000 6,000 6,000 6,000 -
Lot area per dwelling in three- or four-household
dwelling configurations - - - 3,000 3,000 3,000 -
Townhouses - - 3,0006 3,0002 3,0002 3,0002 -
Apartments - first dwelling - - - - 5,000 5,000 -
Apartments - each dwelling after the first - - - - 1,200 1,200 -
Additional area required for an accessory dwelling
unit3 1,0004 1,000 1,0005 1,0005 1,0005 1,0005 -
All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001
Notes:
1In order to comply with the standards contained in Title 18, lot area in excess of the required minimum may be needed; for example for corner lots,
parking, landscaping or large residential structures, and may be necessary for property adjacent to watercourses, ridgelines, or other environmental
features in order to provide an appropriate buildable area on the lot.
2For townhouse clusters the minimum average lot area per dwelling in an individual structure shall be 3,000 square feet.
3As defined in Chapter 18.80, BMC and subject to the requirements of Chapter 18.40, BMC.
4Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
Ordinance # 1693: Effective March 24, 2007. page 16-4
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5Second dwellings in accessory buildings are subject to all restrictions in this title relating to accessory buildings. Lot area and width shall be provided
as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to §18.40.030, BMC.
6Per townhouse lot.
B. All lots shall have a minimum width as set forth in the table below. These minimums assume a
lack of development constraints
Table 16-3
Lot Width Table Minimum Lot Width in Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling See Paragraph C
below 50 50 50 50 50 50
Two household dwelling - - 60 60 50 50 -
Accessory dwelling unit1 50 50 60 60 60 60 -
Dwellings in three- or four-household
dwelling configurations - - - 60 60 60 -
Townhouses - - 30 Width of
interior units
Width of
interior units
Width of
interior units -
All other uses See Paragraph C
below 50 50 50 50 50 50
Notes:
1Second dwellings in accessory buildings are subject to all restrictions in this title relating to accessory buildings. Lot area and width shall be provided
as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to §18.40.030, BMC.
C. Lot Area and Width for R-S, Residential Suburban Lots.
1. Lot area and width for newly created lots in R-S districts shall be determined through the
PUD review procedures set forth in Chapter 18.36, BMC and in compliance with the
adopted Bozeman growth policy. Unless otherwise approved through the planned unit
development process, the average lot size shall be one acre.
2. Existing lots in the R-S district not utilizing a community water and/or sewer system
shall be considered nonconforming lots if less than one acre in area and/or 100 feet in
width and subject to Chapter 18.66, BMC. Existing lots in the R-S district utilizing a
community water and/or sewer system shall be considered nonconforming lots if less
than one-half acre in area and/or 100 feet in width and subject to Chapter 18.60, BMC.
D. Lot area and width may be reduced to allow a density bonus through the PUD process. Amount
of a bonus, methodology for calculating the bonus, and standards for allowing a bonus are
described in §18.36.090.E.2.b(6), BMC.
E. When new lots are created utilizing the modular lotting provisions of §18.42.030, BMC, they
shall be developed in combination adequate to meet the width requirements of subsections A
and B of this section.
18.16.050 YARDS
A. Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are:
1. Front yard:
a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet
Ordinance # 1693: Effective March 24, 2007. page 16-5
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b. Adjacent to collector streets as designated in the Bozeman growth policy - 20
feet
c. Adjacent to local streets - 15 feet
2. Rear yard - 20 feet
a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet
3. Side yard - 5 feet; or 0 feet for interior walls of townhouses.
4. All vehicle entrances into garages shall be no closer than 20 feet to a property line, unless
explicitly authorized otherwise under this title.
B. Minimum yards required for the R-S district are:
1. For lots created in the R-S district prior to the effective date of these regulations:
a. Front yard - 35 feet
b. Rear yard - 25 feet
c. Side yard - 25 feet
2. Minimum yard requirements for newly created R-S lots shall be determined through the
PUD review process.
3. All pens, coops, barns, stables or permanent corrals shall be set back not less than 100
feet from any residence or public road and not less than 50 feet from any property line.
C. When a lot has 1 or more principal buildings which are oriented to place the functional rear of a
building adjacent to a side lot line a setback from the property line equal to that for a rear yard
shall be provided.
D All yards are subject to the provisions of §18.30.060, §18.38.060, §18.42.100, §18.44.100 and
§18.48.100, BMC.
18.16.060 BUILDING HEIGHT
Maximum building height for each residential district shall be as follows:
Table 16-4
Residential Building Height Table Maximum Building Height in Feet
Roof Pitch in Feet R-S R-1 R-2 R-3 R-4 R-O RMH
Less than 3:12 24 24 24 32 34 34 24
3:12 or greater but less than 6:12 30 28 28 38 38 38 28
6:12 or greater but less than 9:12 34 32 32 40 42 42 32
Equal to or greater than 9:12 38 36 36 42 44 44 36
18.16.070 RESIDENTIAL GARAGES
Attached residential garages shall not obscure the entrance to the dwelling. Attached garages are
required to be clearly subordinate to the dwelling. A subordinate garage has two or more of the
following characteristics:
A. The principal facade of the dwelling has been emphasized through the use of architectural
features such as, but not limited to, porches, fenestration treatment, architectural details, height,
orientation or gables, so that the non-garage portion of the residence is visually dominant;
Ordinance # 1693: Effective March 24, 2007. page 16-6
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B. The facade with the garage vehicle entrance(s) is recessed at least 4 feet behind the facade of the
dwelling containing the main entry; and/or
C. The area of the garage vehicle door(s) comprise 30 percent or less of the total square footage,
exclusive of any exposed roof areas, of the principal facade of the dwelling. Principal façade shall
include all wall areas parallel to the garage door(s).
Alternative means of addressing the intent of this section will be considered. Detached garages are
encouraged when they are compatible with the existing neighborhood development pattern. Vehicular
garage access on non-principal facades and/or alleys is also encouraged.
18.16.080 ADDITIONAL RMH DISTRICT PERFORMANCE STANDARDS
Development of any parcel of land within the RMH district shall be subject to all applicable
requirements of Chapter 18.40, BMC, Standards for Specific Uses and Chapter 18.42, BMC,
Development Standards, including, but not limited to, fences, parking, signs, landscaping and home
occupations. In addition, manufactured home communities will be subject to the following general
requirements:
A. Minimum Area for Manufactured Home Community District.
1. The minimum total RMH district area shall be no less than 10 acres unless the applicant
can show that the minimum area requirements should be waived because the waiver
would be in the public interest and that one or both of the following conditions exist:
a. Unusual physical features of the property itself or of the surrounding area such
that development under the standard provisions of this title would not be
appropriate in order to conserve a physical or terrain feature of importance to
the neighborhood or community; or
b. The property is adjacent to or across the street from property which has been
developed under the provisions of this section and will contribute to the
amenities of the area.
2. Waiver of the 10 acre minimum may only be granted by the City Commission.
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CHAPTER 18.18
COMMERCIAL ZONING DISTRICTS
18.18.010 INTENT AND PURPOSE OF COMMERCIAL ZONING DISTRICTS
The intent and purposes of the commercial zoning districts are to establish areas within Bozeman that
are primarily commercial in character and to set forth certain minimum standards for development
within those areas. The purpose in having more than one commercial district is to provide opportunities
for a variety of employment and community service opportunities within the community, while
providing predictability. There is a rebuttable presumption that the uses set forth for each district will be
compatible with each other both within the individual districts and to adjoining zoning districts when
the standards of this title are met and any applicable conditions of approval have been satisfied.
Additional requirements for development apply within overlay districts.
A. The intent of the B-1 neighborhood business district is to provide for smaller scale retail and
service activities frequently required by neighborhood residents on a day to day basis, as well as
residential development as a secondary purpose, while still maintaining compatibility with
adjacent residential land uses. Development scale and pedestrian orientation are important
elements of this district.
B. The intent of the B-2 community business district is to provide for a broad range of mutually
supportive retail and service functions located in clustered areas bordered on one or more sides
by limited access arterial streets.
C. The intent of the B-3 central business district is to provide a central area for the community’s
business, government service and cultural activities. Uses within this district should be
appropriate to such a focal center with inappropriate uses being excluded. Room should be
provided in appropriate areas for logical and planned expansion of the present district.
1. It is the intent of this district to encourage high volume, pedestrian-oriented uses in
ground floor space in the “core area” of Bozeman’s central business district, i.e., along
Main Street from Grand to Rouse and to the alleys one-half block north and south from
Main Street. Lower volume pedestrian uses such as professional offices may locate on
ground floor space in the B-3 area outside the above defined core.
18.18.020 AUTHORIZED USES
A. Uses in the various commercial districts are depicted in the table below. Principal uses are
indicated with a “P”, conditional uses are indicated with a “C”, accessory uses are indicated with
an “A”, and uses which are not permitted within the district are indicated by a “-”. A particular
proposed development or use may fall under more than one listed category with different review
processes. In such cases, the more stringent review process shall apply.
B. The uses listed are deliberately broad and some are given special definitions in Chapter 18.80,
BMC. The intent of this method is to provide general guidance for uses while allowing the
unique needs and circumstances of each proposal to be specifically addressed through the review
process. Some uses are the subject of special regulations contained in Chapter 18.40, BMC.
C. Additional uses for telecommunications are established in Chapter 18.54, BMC.
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Table 18-1
Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
Ambulance service - P P
Apartments and Apartment buildings, as defined in this title P P 1/C P 3
Arts and entertainment center, as defined in this title P P P
Assisted living/elderly care facilities - C -
Automobile fuel sales or repair, as defined in this title C C C
Automobile parking lot or garage (public or private) P P P
Automobile washing establishment C P C
Banks and other financial institutions P P P
Business, technical or vocational school - C P 3
Bus terminals - C C
Community centers P P P 3
Convenience uses C P C
Convenience use restaurant P P P
Day care centers P P P
Essential services (Type I) P P P
Essential services (Type II) - C C
Extended- stay lodgings - P P
Food processing facilities - C -
Frozen food storage and locker rental - P -
Health and exercise establishments P 1/C P P
Hospitals - P C
Hotel or motel - P P
Laboratories, research and diagnostic - P P 3
Laundry, dry cleaning - C C
Light goods repair, as defined in this title - C -
Lodging houses - C C 3
Manufacturing, light and completely indoors - C -
Mortuary - C C
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Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
Museum - C C
Medical and dental clinics P 1/C P P
Meeting hall - P P
Offices, as defined in this title P 1/C P P 3
Other buildings and structures typically accessory to permitted uses A A A
Parking facilities P P PP
3
Personal and convenience services, as defined in this title P P P
Pet grooming shop P P P
Printing offices and publishing establishments - - C
Private club, fraternity, sorority or lodge - P P
Public buildings P P P
Refuse and recycling containers A A A
Research laboratories - P P
Restaurants PP5 P P
Retail uses, as defined in this title P 2 P 2 P 2
Retail, large scale - P -
Sales of alcohol for on-premise consumption C C C
Sign paint shops (not including neon sign fabrication) - P C
Upholstery shops (excluding on site upholstery service for cars,
boats, trailers, trucks and other motorized vehicles requiring
overnight storage)
- P P 3
Veterinary clinic - C -
Wholesale distributors with on-premise retail outlets, providing
warehousing is limited to commodities which are sold on the
premises
- C -
Wholesale establishments that use samples, but do not stock on
premises - P P
Any use, except adult businesses and casinos approved as part of a
planned unit development subject to the provisions of Chapter 18.36,
BMC
C C C
Notes:
1When located on the second or subsequent floor, or basement as defined in Chapter 18.80, BMC.
2Excluding adult businesses, and large scale retail, as they are defined in Chapter 18.80, BMC.
3Except on ground floor in the core area as defined in this chapter.
4Private arts instruction shall only be on the second or subsequent floor in the core area as defined in this chapter.
5Exclusive of drive-ins.
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18.18.030 LOT COVERAGE AND FLOOR AREA
A. In the B-1, B-2 and B-3 districts, the entire lot, exclusive of required yards and parking, may be
occupied by the principal and accessory buildings. This title provides opportunities for parking
requirements to be met by shared and off-site parking as allowed by Chapter 18.46, BMC.
B. In the B-1 district, the footprint of individual buildings shall not exceed 5,000 square feet.
C. Minimum floor area requirements for each dwelling in all districts shall be that area required by
the City’s adopted International Building Code.
18.18.040 LOT AREA AND WIDTH
A. All newly created lots shall have a minimum area adequate to provide for required yards and
parking but in no case shall they be less than:
1. B-1 - 5,000 square feet
2. B-2 - No minimum size
3. B-3 - No minimum size
B. Lot width for all newly created lots shall not be less than:
1. B-1 - 50 feet
2. B-2 - 100 feet, except in Conservation Overlay District shall have no minimum width
3. B-3 - No minimum width
C. When new lots are created utilizing the modular lotting provisions of §18.42.030, BMC, they
shall be developed in combination adequate to meet the width and area requirements of
subsections B.1 through 3.
18.18.050 YARDS
A. Minimum yards required for the B-1 and B-2 districts are:
1. Buildings:
Front yard – 7 feet, except along arterials where minimum is 25 feet
Rear yard – 10 feet
Side yards – 5 feet (except zero lot lines as allowed by §18.38.060, BMC)
2. Parking and loading areas:
Front yard – 25 feet
Rear yard – 10 feet
Side yards – 8 feet
3. The purpose of differentiated yard setback requirements is to encourage the placement
and development of buildings in a manner to address the street and adjacent pedestrian
activity and encourage a vigorous and diverse streetscape.
4. All vehicle entrances into garages shall be no closer than 20 feet to a property line,
unless explicitly authorized otherwise under this title.
5. Rear and side yards adjacent to alleys shall be at least five feet.
B. Minimum yards required for the B-3 district are:
1. No minimum yards prescribed for the B-3 district except a 7-foot front yard shall be
required on Mendenhall and Babcock Streets.
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2. Where at least 50 percent of a block (from cross-street to cross-street) in the B-3 district
is presently used for residential purposes the minimum yards established in Section
18.18.050.A shall be required.
3. Rear and side yards adjacent to alleys shall be at least five feet.
C. All yards shall be subject to the provisions of §18.30.060, §18.38.060, §18.42.100, §18.44.100,
and §18.48.100 BMC, when applicable.
18.18.060 BUILDING HEIGHT
Maximum building height for each commercial district shall be as follows:
A. In the B-1 district:
1. Roof pitch less than 3:12 – 34 feet
2. Roof pitch 3:12 or greater – 38 feet
B. In the B-2 district:
1. Roof pitch less than 3:12 – 38 feet
2. Roof pitch 3:12 or greater – 44 feet
3. Maximum height allowed by 1 and 2 above may be increased by up to a maximum of 50
percent when the B-2 zoning district is implementing a Regional Commercial and
Services growth policy land use designation.
4. Maximum height otherwise cumulatively allowed by this section may be increased by 30
percent through the approval of a conditional use permit, but only when the additional
height is a specifically identified purpose of the review.
C. In the B-3 district:
1. In the B-3 district core area – 55 feet
2. In the B-3 district outside of the core area – 70 feet
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CHAPTER 18.20
INDUSTRIAL ZONING DISTRICTS
18.20.010 INTENT AND PURPOSE OF INDUSTRIAL ZONING DISTRICTS
The intent and purposes of the industrial zoning districts is to establish areas within Bozeman that are
primarily industrial in character and to set forth certain minimum standards for development within
those areas. The purpose in having more than one industrial district is to provide opportunities for a
variety of employment and community service functions within the community while providing
predictability. There is a rebuttable presumption that the uses set forth for each district will be
compatible with each other when the standards of this title are met and any applicable conditions of
approval have been satisfied. Additional requirements for development apply within overlay districts.
A. The intent of the M-1 light manufacturing district is to provide for the community’s needs for
wholesale trade, storage and warehousing, trucking and transportation terminals, light
manufacturing and similar activities. The district should be oriented to major transportation
facilities yet arranged to minimize adverse effects on residential development, therefore, some
type of screening may be necessary.
B. The intent of the M-2 manufacturing and industrial district is to provide for heavy
manufacturing and industrial uses, servicing vocational and employment needs of Bozeman
residents.
C. The intent of the B-P business park district is to provide for high quality settings and facilities
for the development of a variety of compatible employment opportunities. These areas should
be developed so as to recognize the impact on surrounding or adjacent development and
contribute to the overall image of the community. Compatibility with adjacent land uses and
zoning is required.
18.20.020 AUTHORIZED USES
A. Uses in the various industrial districts are depicted in the table below. Principal uses are indicated
with a “P”, conditional uses are indicated with a “C”, accessory uses are indicated with an “A”,
and uses which are not permitted with the district are indicated by a “-”. A particular proposed
development may fall under more than one listed category with different review processes. In
such cases, the more stringent review process shall apply.
B. The uses listed are deliberately broad and are defined in Chapter 18.80, BMC. The intent of this
method is to provide general guidance for uses while allowing the unique needs and
circumstances of each proposal to be specifically addressed through the review process. Some
uses are the subject of special regulations contained in Chapter 18.40, BMC.
C. Additional telecommunication uses are established in Chapter 18.54, BMC.
Table 20-1
Table of Industrial Uses Permitted Uses
BP M-1 M-2
Adult business1 - P1 P1
Ambulance service - P P
Amusement and recreational facilities - P C
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Table of Industrial Uses Permitted Uses
BP M-1 M-2
Animal shelters - C C
Automobile, boat or recreational vehicle sales, service and/or rental - P P
Automobile fuel sale or repair, as defined in this title - P P
Automobile parking lot or garage (public or private) P/A2 P/A2 P/A2
Automobile washing establishment - P P
Banks and other financial institutions C P C
Community center, as defined in this title P P P
Day care center C/A3 C/A3 C/A3
Food processing facility - P P
Essential services (Type I) P P P
Essential services (Type II) C C P
Fences A A A
Health and exercise establishments C P P
Hospitals P - -
Hotel or motel - P P
Junk salvage or automobile reduction/salvage yards - - C
Laboratories, research and diagnostic P P P
Light goods repair, as defined in this title - P P
Manufacturing, light PP
4 PP
4 P
Manufacturing or industrial uses of all types if in compliance with all provisions of this title
unless otherwise stated in this section. - - P
Medical clinics P P P
Offices, as defined in this title PP
5 P P
Other buildings and structures typically accessory to permitted uses A A A
Outside storage -/A6 P/A6 P/A6
Personal and convenience services, as defined in this title - C C
Personnel service facilities providing services, education, food and convenience goods
primarily for those personnel employed in the principal use A A A
Production manufacturing and generation facilities (electric and gas) - - C
Public buildings P P P
Retail sales of goods produced or warehoused on site and related products, not to exceed
20 percent of gross floor area or 10,000 square feet, whichever is less A A A
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Table of Industrial Uses Permitted Uses
BP M-1 M-2
Residential use which is clearly accessory to the operation of a permitted principal or
conditional use7 - A7 A7
Restaurant8 - P8 PP
8
Restaurants serving alcoholic beverages9 - C9 C9
Refuse and recycling containers A A A
Retail establishments other than principal uses listed in this section - C C
Signs10 A A A
Solid waste transfer station - - C
Temporary buildings and yards incidental to on-going construction work A A A
Truck, bus and rail terminal facilities - P P
Truck repair, washing, and fueling facilities - C P
Technology research establishments P P P
Trade schools - P P
Veterinary clinics P P P
Warehousing - P P
Warehousing, residential storage (mini warehousing) - P P
Any use, except casinos and retail, large scale, approved as part of a planned unit
development subject to the provisions of Chapter 18.36, BMC C C C
1Subject to the requirements of §18.40, BMC.
2As required by this title and meeting the standards of this title.
3If primarily offering services to a single business or group of businesses within the same building or building complex.
4Completely enclosed within a building.
5Professional and business offices only.
6Only if accessory to a principal use and if screened from the street and surrounding properties by a solid fence or dense plantings at least 6 feet in
height.
7For the purposes of this section, accessory means less than 50 percent of gross floor area of a building, and being generally located on the second or
subsequent floor.
8Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is less, or occupying not more than 45
percent of the gross floor area of a food processing facility.
9Limited to state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total
building area of a food processing facility.
10Subject to the requirements of Chapter 18.52, BMC.
18.20.030 LOT COVERAGE AND FLOOR AREA
A. In the M-1 and M-2 districts, the entire lot, exclusive of required yards and parking, may be
occupied by the principal and accessory buildings. This title provides opportunities for parking
requirements to be met by shared and off-site parking as allowed by Chapter 18.46, BMC.
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B. In the B-P district, not more than 60 percent of the total lot area shall be occupied by
impervious surfaces. The remaining 40 percent of the total lot area shall be landscaped as
defined in this title.
C. Minimum floor area requirements for each dwelling in all districts shall be that area required by
the City’s adopted International Building Code.
18.20.040 LOT AREA AND WIDTH
A. All newly created lots shall have a minimum area adequate to provide for required yards and
parking but in no case shall they be less than:
1. In the M-1 district - 7,500 square feet
2. In the M-2 district - No minimum area
3. In the B-P district - 43,560 square feet
B. Lot width for all newly created lots shall not be less than:
1. In the M-1 district - 75 feet
2. In the M-2 district - 100 feet
3. In the B-P district - 150 feet
C. When new lots are created utilizing the modular lotting provisions of §18.42.030, BMC, they
shall be developed in combination adequate to meet the width and area requirements of this
section.
18.20.050 YARDS
A. Minimum yards required for the M-1 and M-2 districts are:
1. Structures (unless otherwise permitted by this title):
a. Front yard – 20 feet
b. Rear yard – 3 feet
c. Side yards – 3 feet (except zero lot lines as allowed by §18.38.060, BMC)
2. Parking and loading areas:
a. Front yard – 20 feet
b. Rear yard – 0 feet
c. Side yards – 0 feet
3. Rear and side yards adjacent to alleys shall be at least five feet.
B. Minimum yards required for the B-P district are:
1. Front yard – 25 feet
2. Rear yard – 20 feet
3. Side yards – 15 feet (except zero lot lines as allowed by section §18.38.060, BMC)
4. All yards fronting on public or private streets shall be a minimum of 25 feet. Front, rear
and side yard requirements shall be increased 3 feet for each additional 5,000 square feet
over a total gross footprint area of 25,000 square feet, up to maximum requirement of 40
feet for rear and side yards and 50 feet for front yards.
5. Rear and side yards adjacent to alleys shall be at least five feet.
C. All yards shall be subject to the provisions of §18.30.060, §18.38.060, §18.42.100, §18.44.100,
and §18.48.100 BMC, when applicable.
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18.20.060 BUILDING HEIGHT
Maximum building height for each industrial district shall be as follows:
A. In the M-1 and M-2 districts – 45 feet
B. In the B-P district:
1. Roof pitch less than 3:12 – 38 feet
2. Roof pitch 3:12 or greater – 44 feet
3. Maximum height otherwise allowed by 1 and 2 above may be increased by up to a
maximum of 50 percent when the B-P zoning district is implementing a Regional
Commercial and Services growth policy land use designation.
4. Maximum height otherwise cumulatively allowed by this section may be increased by 30
percent through the approval of a conditional use permit, but only when the additional
height is a specifically identified purpose of the review.
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CHAPTER 18.22
PUBLIC LANDS AND INSTITUTIONS DISTRICT
18.22.010 INTENT
The intent of the PLI public lands and institutions district is to provide for major public and quasi-
public uses outside of other districts. Not all public and quasi-public uses need to be classified PLI.
Some may fit within another district, however larger areas will be designated PLI.
18.22.020 APPLICABILITY
To the maximum extent allowed by state law, all PLI development shall be subject to review and
approval as provided for by this title, based upon recommendations received from the applicable review
bodies established by Chapter 18.62, BMC as may be applicable, and shall be required to comply with all
applicable underlying zoning requirements, as well as any requirements for certificates of
appropriateness as established in design objective plans or other overlay district regulations or
guidelines.
18.22.030 AUTHORIZED USES
Authorized uses in the PLI district are as follows:
(Note: Additional uses for telecommunication facilities are provided for in Chapter 18.54, BMC)
A. Principal uses:
Ambulance service
Cemeteries
Essential services (Type I)
Museums, zoos, historic and cultural facilities and exhibits
Other public buildings, e.g., fire and police stations and municipal buildings
Public and nonprofit, quasi-public institutions, e.g., universities, elementary, junior and senior
high schools and hospitals
Publicly owned land used for parks, playgrounds and open space
Publicly owned community centers
B. Conditional uses:
Day care centers
Essential services (Type II)
Solid waste landfill and transfer facilities
C. Accessory uses:
Other buildings and structures typically accessory to permitted uses
18.22.040 LOT AREA AND WIDTH
The lot area and width requirement of the PLI district is as follows: no requirement.
18.22.050 LOT COVERAGE
In the PLI district, the entire lot, exclusive of required yards and parking, may be occupied by the
principal and accessory buildings.
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18.22.060 YARDS
In the PLI district, there is no yard requirement except when a lot is adjacent to another district. The
yards then shall be the same as the adjacent district. The yard requirements of RS shall be interpreted as
those of R1. (NOTE: All yards shall be subject to the provisions of §18.30.060, §18.38.060, §18.42.100
and §18.44.100, BMC, when applicable.)
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CHAPTER 18.24
NORTHEAST HISTORIC MIXED USE DISTRICT
18.24.010 INTENT AND PURPOSE
The intent of the Northeast Historic Mixed Use district is to provide recognition of an area that has
developed with a blend of uses not commonly seen under typical zoning requirements. The unique
qualities and nature of the area are not found elsewhere in Bozeman and should be preserved as a place
offering additional opportunities for creative integration of land uses. The intent of this area is to allow
private and case by case determination of the most appropriate use of land in a broad range of both
nonresidential and residential uses. Standards for buffering between different land uses are deliberately
not as high as those elsewhere in the community as it is assumed that persons choosing to locate in this
area are aware of the variety of possible adjacent land uses and have accepted such possibilities as both
acceptable and desirable. It is expected that the lots within this district will continue to develop under a
variety of uses which may increase or decrease in scope in any given portion of the district.
The clear intent of this district is to support a mix and variety of nonresidential and residential uses.
Nothing in this chapter shall be interpreted to be discouraging or prejudicial to any listed use except as
set forth as principal and conditional uses.
18.24.020 AUTHORIZED USES
Authorized uses for the Northeast HMU district are as follows:
(Note: Additional uses for telecommunication facilities are provided for in Chapter 18.54, BMC)
A. Principal uses:
Those principal uses allowed in the R-2 and M-1 districts.
Restaurants, 1,500 square feet or less.
B. Conditional uses:
Those conditional uses allowed in the R-2 and M-1 districts, except adult businesses and casinos.
Any use, except adult businesses, casinos and large scale retail approved as part of a planned unit
development subject to the provisions of Chapter 18.36, BMC.
C. Accessory uses:
Those accessory uses allowed in R-2 and M-1 districts.
18.24.030 LOT AREA AND WIDTH
Lot area for the Northeast HMU district shall not be less than 5,000 square feet and no lot width shall
be less than 50 feet and the lot area shall provide all required yard areas and off-street parking and
loading. Lot area per dwelling shall not be less than 5,000 square feet per detached single-household
dwelling and 3,000 square feet per attached dwelling. When new lots are created utilizing the modular
lotting provisions of §18.42.030, BMC, they shall be developed in combination adequate to meet the
width requirements of this section.
18.24.040 LOT COVERAGE AND FLOOR AREA
A. In the Northeast HMU district, not more than:
1. Forty percent of the lot area shall be occupied by the principal and accessory buildings
for principally residential uses; or
2. The entire lot, exclusive of required yards and parking, may be occupied by the principal
and accessory buildings for principally nonresidential uses.
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B. All dwelling units shall meet the minimum floor area requirements of the City’s adopted
International Building Code.
18.24.050 YARDS
A. Every lot in the Northeast HMU district shall have the following minimum yards:
1. Front yard - 20 feet
2. Rear yard - 3 feet, for structures only
3. Side yards - 3 feet, for structures only
B. Rear or side yards adjacent to alleys shall be at least 5 feet.
C. All yards shall be subject to the provisions of §18.38.060, §18.42.100 and §18.44.100, BMC,
when applicable.
18.24.060 BUILDING HEIGHT
Maximum building height in the Northeast HMU district shall be 45 feet.
18.24.070 RESIDENTIAL GARAGES
For residential uses only, attached garages shall not obscure the entrance to the dwelling. Attached
garages are encouraged to be clearly subordinate to the dwelling. A subordinate garage has one or more
of the following characteristics:
A. The principal facade of the dwelling has been emphasized through the use of architectural
features such as, but not limited to, porches, fenestration treatment, architectural details, height,
orientation or gables, so that the non-garage portion of the residence is visually dominant;
B. The facade with the garage vehicle entrance(s) is recessed at least 4 feet behind the facade of the
dwelling containing the main entry; and/or
C. The area of the garage vehicle door(s) comprise 20 percent or less of the total square footage,
exclusive of any exposed roof areas, of the principal facade of the dwelling.
Alternative means of addressing the intent of this section will be considered. Detached garages are
encouraged. Vehicular garage access on non-principal facades and/or alleys is also encouraged.
18.24.080 SPECIAL STANDARDS AND REQUIREMENTS
A. The requirements for landscape buffering for residential adjacency required by Chapter 18.48,
BMC are not applicable in the Northeast HMU.
B. All necessary screening or other buffering that is determined to be necessary between adjoining
uses shall be the responsibility of the use that is established last in time.
C. When a lot is adjacent to or across the street from a residential zoning district, the yard
requirements shall be the same as the adjoining zone and buildings shall be screened with either
a decorative fence or plantings. The provisions of R-S shall be interpreted as those of R-1.
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CHAPTER 18.28
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT
18.28.010 INTENT AND PURPOSE
A. All new construction, alterations to existing structures, movement of structures into or out of
the neighborhood conservation overlay district, hereinafter referred to as the conservation
district, or demolition of structures by any means or process will be subject to design review.
The recommendations of the Design Review Board or Administrative Design Review staff shall
be given careful consideration in the final action of the Planning Director or City Commission.
B. This chapter defines and sets forth standards which apply to the conservation district.
C. The intent and purpose of the conservation district designation is to stimulate the restoration
and rehabilitation of structures, and all other elements contributing to the character and fabric of
established residential neighborhoods and commercial or industrial areas. New construction will
be invited and encouraged provided primary emphasis is given to the preservation of existing
buildings and further provided the design of such new space enhances and contributes to the
aesthetic character and function of the property and the surrounding neighborhood or area.
Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria,
as an acknowledged fact of the continuing developmental pattern of a dynamic, changing
community. The neighboring community shall be provided notice and opportunity to comment
upon the proposed property improvements in accordance with Chapter 18.76, BMC. In
addition, aggrieved persons shall have the right to appeal any design review decision made under
the provisions of this chapter, in accordance with Chapter 18.66, BMC.
D. In view of the fact that most of the area included within the boundaries of the conservation
district was developed and built out prior to the adoption of zoning and contemporary
subdivision regulations, the construction, development pattern and range of uses is highly
diverse and frequently not in compliance with conventional regulatory requirements. This
chapter recognizes that this diversity is a major contributing element of the historic character of
these neighborhoods or areas. The provisions of this chapter shall be applied in a manner that
will encourage the protection and enhancement of the many diverse features for future
generations.
E. The conservation district boundary is largely coterminous with the area surveyed in the effort
that led to the listing of nine historic districts and 40 additional landmark structures in the
National Register of Historic Places, and includes the nine designated historic districts and 40
individual landmarks. This chapter sets forth the means of protecting and enhancing the
conservation district.
F. It is further the purpose of the conservation district designation to protect and enhance
neighborhoods or areas of significant land planning or architectural character, historic landmarks
or other built or natural features for the educational, cultural, economic benefit or enjoyment of
Bozeman citizens. It will be the policy and responsibility of the administrative entities of this
chapter to:
1. Protect, preserve, enhance and regulate structures, archaeological or cultural sites, and
areas that:
a. Are reminders of past eras, events or persons important in local, state or national
history;
b. Provide significant examples of land planning or architectural styles, or are
landmarks in the history of land planning and architecture;
Ordinance # 1693: Effective March 24, 2007. page 28-1
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c. Are unique or irreplaceable assets to the City and its neighborhoods;
d. Provide examples of physical surroundings in which past generations lived; or
e. Represent and express the unique characteristics of small agricultural-based,
western city developmental patterns;
2. Enhance property values through the stabilization of neighborhoods and areas of the
City, increase economic and financial benefits to the City and its inhabitants, and
promote tourist trade and interests;
3. Develop and maintain the appropriate environment for buildings, structures, sites and
areas, that reflect varied planning and architectural styles and distinguished phases of
Bozeman’s history and prehistory;
4. Stimulate an enhancement of human life by developing educational and cultural
dimensions, which foster the knowledge of Bozeman’s heritage, and cultivate civic pride
in the accomplishments of the past;
5. Seek to maintain and enhance the many private and public elements that are unique to
the fabric, theme and character of each neighborhood and area, including but not limited
to: lighting, pathways, street trees, natural areas and other features that may, from time to
time, be identified by the citizens and property owners of neighborhoods, areas and
subsections thereof; and
6. Provide the neighboring community with notice and opportunity to comment upon the
proposed property improvements in accordance with Chapter 18.76, BMC, with the
exception of certain sketch plan applications with potentially little neighborhood impact,
and to further provide aggrieved persons with the right to appeal review decisions made
under the provisions of this chapter, in accordance with Chapter 18.66, BMC.
18.28.020 DESIGN REVIEW BOARD AND ADMINISTRATIVE DESIGN REVIEW STAFF
POWERS AND DUTIES WITHIN CONSERVATION DISTRICTS
It is intended that the Design Review Board and Administrative Design Review staff will review and
make recommendations to the City Commission or Planning Director regarding development within the
neighborhood conservation district in order to maintain the underlying and desirable characteristics of
structures and areas within such districts, while recognizing the need for innovation and individual
expression in the development of these districts.
In carrying out this mission, in addition to the duties established in Chapter 18.62, BMC, the Design
Review Board and Administrative Design Review staff shall have the duty to review any tax abatement
or other incentive programs being considered by the City Commission that are designed to stimulate
preservation and rehabilitation of structures and properties, and to review any proposed action or
development utilizing these abatement or incentive programs.
18.28.030 CONSERVATION DISTRICT DESIGNATION OR RECISION
A site, structure, object, area or district may be designated or rescinded as a landmark, or added to or
removed from the conservation district by the City Commission upon recommendation of the Historic
Preservation Advisory Board subject to the provisions of Chapter 2.80, BMC, Historic Preservation
Advisory Board, and Chapters 18.68 and 18.70, BMC, Text Amendments and Zoning Map
Amendments. Property owner concurrence is necessary for the designation or recision of landmark
status.
18.28.040 CERTIFICATE OF APPROPRIATENESS
A certificate of appropriateness, received from either the Planning Director or the City Commission
after recommendation by the Administrative Design Review staff or Design Review Board, shall be
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required before any and all alteration(s) other than repair as defined in Chapter 18.80, are undertaken
upon any structure in the conservation district. For alterations not requiring City Commission approval,
compliance with the Planning Director’s decisions will be mandatory subject to appeal to the City
Commission as set forth in Chapter 18.66, BMC. Application procedures are as follows:
A. No building, demolition, conditional use, sign or moving permit shall be issued within the
conservation district until a certificate of appropriateness has been issued by the appropriate
review authority, and until final action on the proposal has been taken.
B. Application, review and public notice procedures for proposals located within the conservation
district are set forth in Chapter 18.34, BMC, Review Procedures for Site Development, Chapter
18.62, BMC, Development Review Committee, Design Review Board, Administrative Design
Review and Wetlands Review Board and Chapter 18.76, BMC, Noticing. If the demolition or
movement of structures or sites subject to the conservation district requirements is proposed,
the procedures in §18.28.080, BMC shall apply.
C. A denial of a certificate of appropriateness shall be accompanied by a written statement of
reasons for the denial.
18.28.050 STANDARDS FOR CERTIFICATES OF APPROPRIATENESS
A. All work performed in completion of an approved certificate of appropriateness shall be in
conformance with the most recent edition of the Secretary of Interior’s Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and
Reconstructing Historic Buildings (Published 1995), published by U.S. Department of the
Interior, National Park Service, Cultural Resource Stewardship and Partnerships, Heritage
Preservation Services, Washington, D.C. (available for review at the Planning Department).
B. Architectural appearance design guidelines used to consider the appropriateness and
compatibility of proposed alterations with original design features of subject structures, or
properties and with neighboring structures and properties, shall focus upon the following:
l. Height;
2. Proportions of doors and windows;
3. Relationship of building masses and spaces;
4. Roof shape;
5. Scale;
6. Directional expression, with regard to the dominant horizontal or vertical expression of
surrounding structures;
7. Architectural details;
8. Concealment of nonperiod appurtenances, such as mechanical equipment; and
9. Materials and color schemes (any requirements or conditions imposed regarding color
schemes shall be limited to the prevention of nuisances upon abutting properties and
prevention of degradation of features on the property in question. Color schemes may
be considered as primary design elements if a deviation from the underlying zoning is
requested).
C. Contemporary, nonperiod and innovative design of new structures and additions to existing
structures shall be encouraged when such new construction or additions do not destroy
significant historical, cultural or architectural structures or their components and when such
design is compatible with the foregoing elements of the structure and surrounding structures.
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D. When applying the standards of subsections A-C, the review authority shall be guided by the
Design Guidelines for the Neighborhood Conservation Overlay District which are hereby
incorporated by this reference. When reviewing a contemporary, non-period, or innovative
design of new structures or addition to existing structure, the review authority shall be guided by
the Design Guidelines for the Neighborhood Conservation Overlay District to determine
whether the proposal is compatible with any existing or surrounding structures.
E. Conformance with other applicable development standards of this title.
18.28.060 APPLICATION REQUIREMENTS FOR CERTIFICATES OF
APPROPRIATENESS IN CONSERVATION DISTRICTS
Applications for certificates of appropriateness shall be made in conjunction with applications for site
plan approval in accordance with Chapter 18.34, BMC of this title. Where development projects in the
conservation district require only sketch plan review as per Chapter 18.34, BMC (i.e. single-household,
two-household, three-household and four-household residential structures, each on individual lots;
signs; fences; property alterations; and certain amendments to site plans), applications for certificates of
appropriateness shall be made on a form provided by the Planning Department, and shall include the
information and material as set forth in Chapter 18.78, BMC.
18.28.070 DEVIATIONS FROM UNDERLYING ZONING REQUIREMENTS
Because the development of much of historic Bozeman preceded zoning, subdivision and construction
regulations, many buildings within the conservation district do not conform to contemporary zoning
standards. In order to encourage restoration and rehabilitation activity that would contribute to the
overall historic character of the community, deviations from underlying zoning requirements may be
granted by the City Commission after considering the recommendations of the Design Review Board or
Administrative Design Review staff. The criteria for granting deviations from the underlying zoning
requirements are:
A. Modifications shall be more historically appropriate for the building and site in question and the
adjacent properties, as determined by the standards in §18.28.050 of this chapter, than would be
achieved under a literal enforcement of this title;
B. Modifications will have minimal adverse effect on abutting properties or the permitted uses
thereof; and
C. Modifications shall assure the protection of the public health, safety and general welfare.
Approvals may be conditioned to assure such protection, and such conditions may include a
time period within which alterations will be completed; landscaping and maintenance thereof;
architectural, site plan and landscape design modifications; or any other conditions in conformity
with the intent and purpose set forth in this chapter.
18.28.080 DEMOLITION OR MOVEMENT OF STRUCTURES OR SITES WITHIN THE
CONSERVATION DISTRICT
The demolition or movement of any structure or site within the conservation district shall be subject to
the provisions of this chapter and section. The review procedures and criteria for the demolition or
movement of any structure or site within the conservation district are as follows:
A. Applications for the demolition or movement of structures within the conservation district will
not be accepted without a complete submittal for the subsequent development or treatment of
the site after the demolition or movement has occurred. The subsequent development or
treatment must be approved before a demolition or moving permit may be issued.
B. The demolition or movement of conservation district principal and accessory structures or sites,
which are designated as intrusive or neutral elements by the Montana Historical and
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Architectural Inventory, and are not within recognized historic districts or in other ways listed
on the National Register of Historic Places, shall be subject to approval by the Planning Director
after review and recommendation of Administrative Design Review staff or Design Review
Board as per Chapters 18.34 and 18.62, BMC, and the standards outlined in §18.28.050, BMC.
The Montana Historical and Architectural Inventory Form shall be reviewed and, if necessary,
updated by the Historic Preservation Planner to reflect current conditions on the site, prior to
the review of the demolition or movement proposal. The final approval authority for the
demolition or movement of structures or sites described within this section shall rest with the
City Commission when proposed in conjunction with a deviation, variance, conditional use
permit or planned unit development application.
C. The demolition or movement of conservation district principal and accessory structures or sites,
which are designated as contributing elements by the Montana Historical and Architectural
Inventory, and all properties within historic districts and all landmarks, shall be subject to
approval by the City Commission, through a public hearing. Notice of the public hearing before
the City Commission shall be provided in accordance with Chapter 18.76, BMC. Prior to
holding the public hearing, the City Commission shall receive a recommendation from
Administrative Design Review staff and the Design Review Board. The Montana Historical and
Architectural Inventory Form shall be reviewed and, if necessary, updated by the Historic
Preservation Planner to reflect current conditions on the site, prior to the review of the
demolition or movement proposal. The final approval authority for the demolition or
movement of structures or sites described within this section shall rest with the City
Commission.
The City Commission shall base its decision on the following:
1. The standards in §18.28.050, BMC and the architectural, social, cultural and historical
importance of the structure or site and their relationship to the district as determined by
the State Historic Preservation Office and the Planning Department.
2. If the Commission finds that the criteria of this section are not satisfied, then, before
approving an application to demolish or remove, the Commission must find that at least
one of the following factors apply based on definitive evidence supplied by the applicant,
including structural analysis and cost estimates indicating the costs of repair and/or
rehabilitation versus the costs of demolition and redevelopment:
a. The structure or site is a threat to public health or safety, and that no reasonable
repairs or alterations will remove such threat; any costs associated with the
removal of health or safety threats must exceed the value of the structure.
b. The structure or site has no viable economic or useful life remaining.
D. If an application for demolition or moving is denied, issuance of a demolition or moving permit
shall be stayed for a period of two years from the date of the final decision in order to allow the
applicant and City to explore alternatives to the demolition or move, including but not limited
to, the use of tax credits or adaptive reuse. The two year stay may be terminated at any point in
time if an alternate proposal is approved or if sufficient additional evidence is presented to
otherwise satisfy the requirements of subsection B or C of this section.
E. All structures or sites approved for demolition or moving shall be fully documented in a manner
acceptable to the Historic Preservation Planner and Administrative Design Review staff prior to
the issuance of demolition or moving permits.
F. In addition to the remedies in Chapter 18.64, BMC, the owner of any structure or site that is
demolished or moved contrary to the provisions of this section, and any contractor performing
such work, may be required to reconstruct such structure or site in a design and manner identical
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to its condition prior to such illegal demolition or move, and in conformance with all applicable
codes and regulations.
18.28.090 APPEALS
Aggrieved persons, as defined in Chapter 18.80, BMC, may appeal the decision of the Planning
Director or City Commission pursuant to the provisions of Chapter 18.66, BMC. In such event, the
issuance of a certificate shall be stayed until the appeal process has been satisfied.
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CHAPTER 18.34
SITE PLAN REVIEW
18.34.010 INTRODUCTION
A. All non-subdivision development proposals within the City will be subject to plan review and
approval. Depending on the complexity of development and status of proposed use in the
applicable zoning district, either sketch plans, site plans or conditional use permits will be
required as specified in this chapter.
B. Special development proposals (e.g., PUDs, CUPs, variances, etc.) require other information to
be submitted in conjunction with sketch plans or site plans and are subject to requirements
specific to the type of proposal. These additional submittal requirements and review procedures
are outlined in §18.34.030, BMC.
C. When a development is proposed within a neighborhood conservation or entryway corridor
overlay district, or proposes signs which do not specifically conform to the requirements of this
title, design review is required in conjunction with either sketch plan or site plan review. In such
cases, additional submittal requirements and review procedures apply as outlined in §18.78.090,
BMC.
D. Conditional Uses. Certain uses, while generally not suitable in a particular zoning district, may,
under certain circumstances, be acceptable. When such circumstances can be demonstrated by
the applicant to exist, a conditional use permit may be granted by the Board of Adjustment.
Conditions may be applied to the issuance of the permit and periodic review may be required.
No conditional use permit shall be granted for a use which is not specifically designated as a
conditional use in this title.
E. Approval shall be granted for a particular use and not for a particular person or firm.
F. This chapter is provided to meet the purposes of §18.02.040, BMC and all other relevant
portions of this title.
G. Applications subject to this chapter shall be reviewed under the authority established by Chapter
18.64, BMC.
18.34.020 CLASSIFICATION OF SITE PLANS
A. All developments within the City, except individual single-household, two-household, three-
household and four-household residential structures, each on individual lots, and other
development proposals specifically identified as requiring only sketch plan review, shall be
subject to site plan review procedures and criteria of this chapter and the applicable submittal
requirements of Chapter 18.78, BMC. For the purposes of this title, site plans will be classified as
either a master site plan or a site plan.
B. A master site plan is a generalized development plan that establishes building envelopes and
overall entitlements for complex, large-scale projects that will require multiple years to reach
completion. Use of a master site plan is an option and not required. A master site plan involves
one or more of the following:
1. One hundred or more dwelling units in a multiple household structure or structures;
2. Fifty thousand or more square feet of office space, retail commercial space, service
commercial space or industrial space;
3. Multiple buildings located on multiple contiguous lots and/or contiguous City blocks;
4. Multiple owners;
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5. Development phasing projected to extend beyond two years; or
6. Parking for more than two-hundred vehicles.
C. Any planned unit development shall be reviewed according to the regulations in Chapter 18.36,
BMC, in addition to this chapter.
D. Telecommunication facilities shall be reviewed according to the regulations in Chapter 18.54,
BMC, in addition to this chapter.
E. Uses identified in Chapter 18.40, BMC shall be reviewed according to the standards and
regulations contained in Chapter 18.40, BMC, in addition to this chapter
18.34.030 SPECIAL DEVELOPMENT PROPOSALS - ADDITIONAL APPLICATION
REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA
A. Application Requirements. Applications for special development proposals (e.g. PUD, CUP,
flood plain development permits, variances, etc.) shall include:
1. The required information for site plans described in §18.78.080, BMC;
2. Any additional application information required for specific reviews as listed in the
following chapters of this title:
a. §18.36, Planned Unit Development;
b. §18.40, Standards for Specific Uses;
c. §18.54, Telecommunications;
d. §18.58, Bozeman Floodplain Regulations; and
e. §18.66, Appeals, Deviations and Variance Procedures;
B. Review Procedures and Review Criteria. Additional review procedures and review criteria for
specific development proposals are defined in the following chapters of this title:
1. §18.34.100, Conditional Use Procedure;
2. §18.36, Planned Unit Development;
3. §18.40, Standards for Specific Uses;
4. §18.54, Telecommunications;
5. §18.58, Bozeman Floodplain Regulations; and
6. §18.66, Appeals, Deviations and Variance Procedures.
18.34.040 REVIEW AUTHORITY
A. The City Commission, Board of Adjustment and Planning Director have the review authority
established in §18.64.010, BMC.
B. The Development Review Committee, Design Review Board, Administrative Design Review
Staff, and Wetlands Review Board have the review authority established in Chapter 18.62, BMC.
C. Site Plan Design Review Thresholds. When a development is subject to design review and meets
one or more of the following thresholds the Design Review Board shall have responsibility for
conducting the design review.
1. Twenty or more dwelling units in a multiple household structure or structures;
2. Thirty thousand or more square feet of office space, retail commercial space, service
commercial space or industrial space;
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3. More than two buildings on one site for permitted office uses, permitted retail
commercial uses, permitted service commercial uses, permitted industrial uses or
permitted combinations of uses;
4. Twenty thousand or more square feet of exterior storage of materials or goods; or
5. Parking for more than sixty vehicles.
18.34.050 SKETCH PLAN REVIEW
A. Sketch Plan Submittal Requirements.
1. Certain independent development proposals (i.e., not in conjunction with other
development) are required to submit only sketch plans meeting the requirements of
§18.78.110, BMC.
2. Separate construction plans are necessary for building permits when the proposal
requires such permits. Additional information is also necessary when the proposal
requires the issuance of a certificate of appropriateness (see §18.34.110 and §18.78.090,
BMC).
3. Examples of independent projects which qualify for sketch plan review are: individual
single-household, two-household, three-household, and four-household residential units,
each on individual lots; accessory dwelling units in the R-2, R-3 and R-4 districts;
manufactured homes on individual lots; fences; signs in compliance with the
requirements of this title; regulated activities in areas with regulated wetlands not in
conjunction with a land development proposal; special temporary uses; and accessory
structures associated with these uses. Other similar projects may be determined by the
Planning Director to require only sketch plan review. The Planning Director shall
determine all submittal requirements.
B. Sketch Plan Review Procedures.
1. No Certificate of Appropriateness Required. Sketch plans for projects which do not
require a certificate of appropriateness shall be submitted to the Planning Department
staff for a determination of compliance with the requirements of this title. Once
compliance is achieved, the application will be approved for construction or referred to
the appropriate permitting authorities.
2. Certificate of Appropriateness Required. Sketch plans, including the material required by
§18.78.090, BMC, and such additional information as may be required for projects which
require a certificate of appropriateness as per §18.34.110, BMC shall be submitted to the
ADR staff, who shall review the proposal for compliance with this title, including
compliance with the applicable overlay district requirements. Once compliance is
achieved, the application will be approved for construction or referred to the appropriate
permitting authorities. Review and approval authority for sketch plans that require
certificates of appropriateness shall rest with the DRB if the ADR staff consists of less
than two members.
C. Sketch Plan Review Criteria. Sketch plans shall be reviewed for compliance with all
applicable requirements of this title including overlay district requirements and the
cessation of any current violations of this title, exclusive of any legal nonconforming
conditions.
18.34.060 APPLICATION OF SITE PLAN REVIEW PROCEDURES
A. These procedures shall apply to all developments within the City except for development
proposals specified as requiring only sketch plan review.
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B. The preliminary site plan shall be submitted and approved, and final site plan approval received,
prior to the issuance of any building permit.
C. No occupancy permits shall be issued for any development for which site plan review is required
until certification has been provided demonstrating that all terms and conditions of site plan
approval have been complied with.
D. Unless a deviation or variance is explicitly sought and granted in association with a site plan, all
standards of this title apply whether explicitly mentioned in the record of the review or not. An
omission or oversight of a nonconformity with the standards of this title in the site plan shall not
constitute approval of such nonconformance. Any nonconformance which was not the subject
of an explicitly approved deviation or variance may be required to be cured at such time the City
becomes aware of the nonconforming condition’s existence.
E. In the event that the volume of site development applications submitted for review exceeds the
ability of the City to process them simultaneously, preference in order of scheduling will be
given to those projects which provide the most affordable housing in excess of minimum
requirements, as measured by the total number of affordable units.
18.34.070 SITE PLAN REVIEW PROCEDURES
A. Acceptability and Adequacy of Application.
1. The Planning Department shall review the application for acceptability within five
working days to determine if the application is does not omit any of the submittal
elements required by this title. If the application does not contain all of the required
elements, the application, review fee and a written explanation of what the application is
missing shall be returned to the property owner or their representative. The five working
day review period will be considered met if the letter is dated, signed and placed in the
outgoing mail within the five day review period.
2. After the application is deemed to contain the required elements and to be acceptable, it
shall be reviewed for adequacy. A determination of adequacy means the application
contains all of the required elements in sufficient detail and accuracy to enable the
applicable review agency to make a determination that the application either does or
does not conform to the requirements of this title and any other applicable regulations
under the jurisdiction of the City of Bozeman. The review for adequacy shall be
conducted by the appropriate agency with expertise in the subject matter. The adequacy
review period shall begin on the next working day after the date that the Planning
Department determines the application to contain all the required elements and shall be
completed within not more than 15 working days. The 15 working day review period will
be considered met if the letter is dated, signed and placed in the outgoing mail within the
15 working day review period. If the application is inadequate, a written explanation of
why the application is inadequate will be returned to the property owner. Upon a
determination of adequacy the review of the development will be scheduled.
a. In the event the missing information is not received by the City within 15
working days of notification to the property owner of inadequacy, all application
materials and one-half of the review fee shall be returned to the property owner
or their representative. Subsequent resubmittal shall require payment of a review
fee as if it were a new application.
b. A determination that an application is adequate does not restrict the City from
requesting additional information during the site plan review process.
3. Should the property owner choose not to provide the required information after an
application has been found unacceptable, nor to accept return of the application and
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accompanying fee, the application may be processed by the City with the recognition by
the property owner that unacceptability is an adequate basis for denial of the application
regardless of other merit of the application.
4. The DRC may grant reasonable waivers from submittal of application materials required
by these regulations where it is found that these regulations allow a waiver to be
requested and granted. If in the opinion of the final approval authority the waived
materials are necessary for proper review of the development, the materials shall be
provided before review is completed.
5. In order to be granted a waiver the applicant shall include with the submission of the
preliminary site plan a written statement describing the requested waiver and the reasons
upon which the request is based. The final approval body shall then consider each
waiver at the time the preliminary site plan is reviewed. All waivers must be identified
not later than initial submittal of the preliminary site plan stage of review.
B. Site plans shall be reviewed by the review bodies established by Chapter 18.62, BMC and
according to the procedures established by this title. After review of the applicable submittal
materials required by Chapter 18.78, BMC, and upon recommendation by the appropriate review
bodies, the Planning Director, Board of Adjustment, or City Commission shall act to approve,
approve with conditions or deny the application, subject to the appeal provisions of Chapter
18.66, BMC. The basis for the Planning Director’s, Board of Adjustment’s, or City
Commission’s action shall be whether the application, including any required conditions,
complies with all the applicable standards and requirements of this title, including § 18.02.050,
BMC..
1. Site Plan. The Planning Director shall provide an opportunity for the public to comment
upon development proposals. The duration of the initial comment period shall be
included in any notice required by Chapter 18.76, BMC. The comment period shall be
from the date of the first consideration of the complete preliminary plan and
supplementary materials by the DRC until 5:00 pm on the third working day after DRC
and other review bodies as may be appropriate have taken action regarding the proposal.
a. The Planning Director, after receiving the recommendations of the DRC, ADR,
DRB or WRB, shall act to approve, approve with conditions or deny an
application within ten working days of the close of the public comment period.
The Planning Director’s decision shall be in writing and shall include any special
conditions which are to be applied to the development.
(1) After formal notice of a project review has been given, interested parties
may request in writing to receive a copy of the director’s decision
regarding an application. Persons making such a request shall provide an
addressed envelope for use in delivering their copy of the decision.
2. Site Plan with Deviations or Variances and Conditional Use Permits. The Board of
Adjustment shall provide an opportunity for the public to comment upon a proposed
site plan or conditional use permit. The ending date of the comment period shall be
included in the notice required by Chapter 18.76, BMC. The comment period shall be
from the date of the first consideration of the complete preliminary plan and
supplementary materials by the DRC until the decision by the Board of Adjustment.
a. The Board of Adjustment, after receiving the recommendations of the DRC,
ADR, DRB or WRB, shall act to approve, approve with conditions or deny an
application. The Board of Adjustment’s decision shall be in writing and shall
include any special conditions which are to be applied to the development.
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3. Master Site Plan. The City Commission shall provide an opportunity for the public to
comment upon a proposed master site plan. The duration of the comment period shall
be included in any notice required by Chapter 18.76, BMC. The comment period shall be
from the date of the first consideration of the complete preliminary plan and
supplementary materials by the DRC until the decision by the City Commission.
a. The City Commission, after receiving the recommendations of the DRC, ADR,
DRB or WRB, shall act to approve, approve with conditions or deny an
application. The City Commission’s decision shall be in writing and shall include
any special conditions which are to be applied to the development.
18.34.080 APPLICATION FOR CONDITIONAL USE PERMIT - NOTICE
REQUIREMENTS
A. The person applying for a conditional use permit shall fill out and submit to the Planning
Director the appropriate form with the required fee. The request for a conditional use permit
shall follow the procedures and application requirements of this chapter.
B. In consideration of all conditional use permit applications, a public hearing shall be conducted
by the Board of Adjustment. Notice of the Board of Adjustment public hearing shall be
provided in accordance with Chapter 18.76, BMC.
C. If a rezoning is required prior to approval of a conditional use permit, the application for
rezoning and the conditional use permit may be filed and acted upon simultaneously, however
the conditional use permit shall not be effective until zoning has been approved by the City
Commission.
18.34.090 SITE PLAN AND MASTER SITE PLAN REVIEW CRITERIA
A. In considering applications for site plan approval under this title, the Planning Director, Board
of Adjustment, City Commission, DRC, and when appropriate, the ADR staff, DRB or WRB
shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy.
2. Conformance to this title, including the cessation of any current violations;
3. Conformance with all other applicable laws, ordinances and regulations;
4. Relationship of site plan elements to conditions both on and off the property, including:
a. Compatibility with, and sensitivity to, the immediate environment of the site and
the adjacent neighborhoods and other approved development relative to
architectural design, building mass and height, neighborhood identity,
landscaping, historical character, orientation of buildings on the site and visual
integration;
b. Design and arrangement of the elements of the site plan (e.g., buildings,
circulation, open space and landscaping, etc.) so that activities are integrated with
the organizational scheme of the community, neighborhood, and other approved
development and produce an efficient, functionally organized and cohesive
development;
c. Design and arrangement of elements of the site plan (e.g., buildings circulation,
open space and landscaping, etc.) in harmony with the existing natural
topography, natural water bodies and water courses, existing vegetation, and to
contribute to the overall aesthetic quality of the site configuration; and
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d. If the proposed project is located within a locally designated historical district, or
includes a locally designated landmark structure, the project is in conformance
with the provisions of Chapter 18.28, BMC;
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions;
6. Pedestrian and vehicular ingress, egress and circulation, including:
a. Design of the pedestrian and vehicular circulation systems to assure that
pedestrians and vehicles can move safely and easily both within the site and
between properties and activities within the neighborhood area;
b. Non-automotive transportation and circulation systems design features to
enhance convenience and safety across parking lots and streets, including, but
not limited to, paving patterns, grade differences, landscaping and lighting;
c. Adequate connection and integration of the pedestrian and vehicular
transportation systems to the systems in adjacent developments and general
community; and
d. Dedication of right-of-way or easements necessary for streets and similar
transportation facilities;
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use,
open space and pedestrian areas, and the preservation or replacement of natural
vegetation;
8. Open space, including:
a. The enhancement of the natural environment;
b. Precautions being taken to preserve existing wildlife habitats or natural wildlife
feeding areas;
c. If the development is adjacent to an existing or approved public park or public
open space area, have provisions been made in the site plan to avoid interfering
with public access to and use of that area;
d. Is any provided recreational area suitably located and accessible to the residential
units it is intended to serve and is adequate screening provided to ensure privacy
and quiet for neighboring residential uses;
e. Open space shall be provided in accordance with Chapter 18.50, BMC;
f. Park land shall be provided in accordance with Chapter 18.50, BMC.
9. Building location and height;
10. Setbacks;
11. Lighting;
12. Provisions for utilities, including efficient public services and facilities;
13. Site surface drainage and stormwater control;
14. Loading and unloading areas;
15. Grading;
16. Signage;
17. Screening;
18. Overlay district provisions;
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19. Other related matters, including relevant comment from affected parties; and
20. If the development includes multiple lots that are interdependent for circulation or other
means of addressing requirements of this title, whether the lots are either:
a. Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming; or
b. The subject of reciprocal and perpetual easements or other agreements to which
the City is a party so that the sale of individual lots will not cause one or more
elements of the development to become nonconforming.
B. In considering applications for master site plan approval under this title, the City Commission,
DRC, and when appropriate, the ADR staff, DRB or WRB shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy;
2. Conformance to this title, including the cessation of any current violations;
3. Conformance with all other applicable laws, ordinances and regulations;
4. A generalized site plan showing the orientation and relationships among key plan
elements both on and off the property, including:
a. Compatibility with, and sensitivity to, the immediate environment of the site and
the adjacent neighborhoods in terms of overall site organization and building
mass and height;
b. Arrangement of the elements of the site plan (e.g., buildings, circulation, open
space and landscaping, etc.) so that activities are integrated with the structure of
the surrounding area and produce an efficient, functionally organized and visually
cohesive development that contributes to the overall aesthetic quality of the area;
c. If the proposed project is located within a locally designated historical district, or
includes a locally designated landmark structure, a statement describing how the
project is in conformance with the provisions of Chapter 18.28, BMC; and
d. Description of many elements in a Master Site Plan may be described in written
and/or graphic formats whichever provides the superior form of
communication.
5. A statement accompanying the site plan describing the generalized architectural character
and its relationship to and compatibility with the historical character of the area,
generalized landscape concept including treatment of public space and relationship to
the surrounding area, and visual and aesthetic integration of the proposed development
into the surrounding area and its effect on the identity of the adjacent neighborhood;
6. The impact of the proposed development on the existing and anticipated traffic and
parking conditions, including identification of the traffic generation and parking needs of
individual plan elements;
7. Pedestrian and vehicular ingress, egress and circulation, including:
a. Overall pedestrian and vehicular circulation systems to assure that pedestrians
and vehicles can move safely and easily both within the site and between
properties and activities within the neighborhood area;
b. Non-automotive transportation and circulation systems design features to
enhance convenience and safety across parking lots and streets;
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c. Adequate connection and integration of the pedestrian and vehicular
transportation systems to the systems in adjacent developments and general
community; and
d. Dedication and/or abandonment of rights-of-way or easements necessary for
efficient land use and accompanying streets and related transportation facilities;
8. Open space, if required under the zoning classification(s) of the proposed development,
including:
a. Enhancement of the natural environment;
b. Precautions being taken to preserve existing wildlife habitats or natural wildlife
feeding areas;
c. Provisions to avoid interfering with public access to and use of any adjacent
parks and other open space;
d. Provision of recreational areas suitably located and configured, and accessible to
the residential units it is intended to serve; and
e. Adequacy of open space as required within this title;
f. Open space shall be provided in accordance with Chapter 18.50, BMC;
g. Park land shall be provided in accordance with Chapter 18.50, BMC.
9. Generalized building gross area (square feet), building locations, building envelopes, and
building heights;
10. Setbacks;
11. Generalized lighting concept as pertains to public safety;
12. Generalized provisions for utilities, including efficient public services and facilities;
13. Generalized site surface drainage and stormwater control;
14. Generalized locations of loading and unloading areas;
15. Generalized grading;
16. Statement regarding proposed signage;
17. Statement regarding screening of trash, outdoor storage and utility areas;
18. Overlay district provisions where applicable; and
19. Other related matters, including relevant comment from affected parties.
C. If the Planning Director, Board of Adjustment, or City Commission, after recommendation
from the DRC and, if appropriate, ADR staff, DRB and WRB shall determine that the proposed
site plan or master site plan will not be detrimental to the health, safety or welfare of the
community, is in compliance with the requirements of this title and is in harmony with the
purposes and intent of this title and the Bozeman growth policy, approval shall be granted, and
such conditions and safeguards may be imposed as deemed necessary. Notice of action shall be
given in writing.
D. Site plan approval or master site plan approval may be denied upon a determination that the
conditions required for approval do not exist. Persons objecting to the recommendations of
review bodies carry the burden of proof. A denial of approval shall be in writing.
E. Following approval of a master site plan, the applicant shall submit to the Planning Department,
sequential individual site plans for specific areas within the master site plan. Each subsequent
application for a site plan shall be consistent with the approved master site plan and subject to
the review criteria set forth in subsection A above. Evidence that the review criteria have been
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met through the master site plan review process may be incorporated by reference in order to
eliminate duplication of review.
18.34.100 BOARD OF ADJUSTMENT CONSIDERATION AND RECORD FOR
CONDITIONAL USE PERMITS
A. The Board of Adjustment, in approving a conditional use permit, shall review the application
against the review requirements of §18.34.090, BMC;
B. In addition to the review criteria of §18.34.090, BMC, the Board of Adjustment shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all yards, spaces, walls and fences, parking, loading and landscaping are
adequate to properly relate such use with the land and uses in the vicinity;
2. That the proposed use will have no material adverse effect upon the abutting property.
Persons objecting to the recommendations of review bodies carry the burden of proof;
3. That any additional conditions stated in the approval are deemed necessary to protect
the public health, safety and general welfare. Such conditions may include, but are not
limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the City in an
orderly and efficient manner.
C. The Board of Adjustment shall, in addition to all other conditions, impose the following general
conditions upon every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of
all general and special conditions imposed by the conditional use permit procedure; and
2. That all of the special conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall be
binding upon the owner of the land, his successors or assigns, shall be consented to in
writing, and shall be recorded as such with the County Clerk and Recorder’s Office by
the property owner prior to the issuance of any building permits, final site plan approval
or commencement of the conditional use.
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D. Applications for conditional use permits may be approved, conditionally approved or denied by
motion of the Board of Adjustment. If an application is denied, the denial shall constitute a
determination that the applicant has not shown that the conditions required for approval do
exist.
E. The applicant shall be notified in writing of the action taken by the Board of Adjustment within
seven working days of its action. If the conditional use permit has been granted the notification
shall include any conditions, automatic termination date, period of review or other requirements.
If the conditional use permit has been granted, the permit shall be issued upon the signature of
the Planning Director after completion of all conditions and final site plan.
18.34.110 CERTIFICATES OF APPROPRIATENESS - ADDITIONAL REVIEW
PROCEDURES AND REVIEW CRITERIA
A. Sign Proposals Which Do Not Specifically Conform to the Requirements of This Title.
Independent sign proposals (i.e., not in conjunction with other development) which do not
specifically conform to the requirements of this title, are required to submit full site plans.
Additional site design information, in sufficient detail to demonstrate compliance with the
Design Objective Plan, encompassing the property’s location shall be provided. If no Design
Objectives Plan has been prepared for the location, additional site design information, if
necessary, shall be determined by the ADR staff. All signs shall comply with the dimensional
standards of this title unless a deviation or variance has been properly granted.
B. Review Procedures and Criteria for Certificates of Appropriateness.
1. Certificates of appropriateness shall only be issued according to procedures and criteria
specified in Chapters 18.28, 18.30, 18.36 and 18.62, BMC.
2. Sign proposals which specifically conform to the requirements of this title shall be
reviewed according to procedures and criteria outlined in Chapter 18.52, BMC.
18.34.120 PUBLIC NOTICE REQUIREMENTS
A. Public notice of development proposals and approvals subject to this chapter shall be provided
as required by Chapter 18.76, BMC.
18.34.130 FINAL SITE PLAN
A. No later than six months after the date of approval of a preliminary site plan or master site plan,
the applicant shall submit to the Planning Department a final site plan with accompanying
application form and review fee. The number of copies of the final site plan to be submitted
shall be established by the Planning Director. The final site plan shall contain the materials
required in §§18.78.080 and18.78.090 BMC and whatever revisions to the preliminary site plan
or master site plan are required to comply with any conditions of approval. Prior to the passage
of six months, the applicant may seek an extension of not more than an additional six months
from the Planning Director.
B. In addition to the materials required in subsection A of this section, the owner shall submit a
certification of completion and compliance stating that they understand any conditions of
approval and the submitted final site plans or master site plan have complied with any
conditions of approval or corrections to comply with code provisions.
C. In addition to the materials required in subsections A and B of this section, the owner shall
submit a statement of intent to construct according to the final site plan. Such statement shall
acknowledge that construction not in compliance with the approved final site plan may result in
delays of occupancy or costs to correct noncompliance.
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D. Following approval of a final site plan, the final site plan shall be in effect for one year. Prior to
the passage of one year, the applicant may seek an extension of not more than one additional
year from the Planning Director. In such instances, the Planning Director shall determine
whether the relevant terms of this title and circumstances have significantly changed since the
initial approval. If relevant terms of this title or circumstances have significantly changed, the
extension of the approval shall not be granted.
E. Following approval of a final master site plan, the final master site plan shall be in effect for not
more than five years. Owners of property subject to the master site plan may seek appropriate
extensions. Approval of an extension shall be made by the Planning Director. Approval shall
be granted if the Planning Director determines that the relevant terms of this title and
circumstances have not significantly changed since the initial approval.
F. Upon approval of the final site plan by the Planning Director the applicant may obtain a
building permit as provided for by Chapter 18.64, BMC.
1. Subsequent site plan approvals are required to implement a master site plan, and
approval of a master site plan does not entitle an applicant to obtain any building
permits.
18.34.140 BUILDING PERMITS BASED UPON APPROVED SKETCH OR SITE PLANS
Based upon the approved sketch or final site plan (hereinafter referred to as “plan”), and after any
appeals have been resolved, a building permit for the site may be requested and may be granted pursuant
to Chapter 18.64, BMC. No building permit may be granted on the basis of an approved sketch or site
plan whose approval has expired.
18.34.150 AMENDMENTS TO SKETCH AND SITE PLANS
A. It is the intent of this section to assure that issues of community concern are addressed during
the redevelopment, reuse or change in use of existing facilities in the community. Specific areas
of community concern include public safety, mitigation of off-site environmental impacts and
site character in relation to surroundings. The following procedures for amendments to
approved plans, reuse of existing facilities and further development of sites assure that these
concerns are adequately and expeditiously addressed.
B. Any amendment to or modification of a site plan or master site plan approved under the
ordinance codified in this chapter (September 3, 1991 - Ordinance 1332) shall be submitted to
the Planning Director for review and possible approval. Proposals for further development,
reuse or change in use of sites developed pursuant to this title shall also be reviewed as an
amendment to an approved plan. All amendments shall be shown on a revised plan drawing.
Amendments to approved plans shall be reviewed and may be approved by the Planning
Director upon determining that the amended plan is in substantial compliance with the originally
approved plan. If it is determined that the amended plan is not in substantial compliance with
the originally approved plan, the application shall be resubmitted as a new application and shall
be subject to all standards and site plan review and approval provisions of this title. Substantial
compliance may be shown by demonstrating that the amendments do not exceed the thresholds
established in §18.34.170.B, BMC.
C. Modifications or amendments to a master site plan at the time an extension of approval is
sought may be proposed by either the applicant or the City Commission, and shall be based on
substantive current information that indicates that relevant circumstances have changed and that
such circumstances support the proposed modifications. Such circumstances may include
market analyses, economic conditions, changes in surrounding land uses, changes in ownership,
etc.
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18.34.160 MODIFICATION OR ENLARGEMENT OF STRUCTURES AUTHORIZED
UNDER A CONDITIONAL USE PERMIT
Any proposed additions, enlargements or modifications of the structures approved in any conditional
use permit, or any proposed extension of the use into areas not approved in any such permit, shall be
subject to this chapter.
18.34.170 REUSE, CHANGE IN USE OR FURTHER DEVELOPMENT OF SITES
DEVELOPED PRIOR TO THE ADOPTION OF THE ORDINANCE
CODIFIED IN THIS TITLE
A. Sites legally developed prior to the adoption of the ordinance codified in this title (September 3,
1991 - Ordinance 1332) shall be considered to have developed under an approved plan.
Proposals for reuse, change in use or the further development of sites legally developed prior to
the adoption of the ordinance codified in this title may be approved by the Planning Director
upon determining that no significant alteration of the previous use and site are proposed, and
upon review by the City Engineer or designee to assure that adequate access and site surface
drainage are provided. All such proposals shall be shown on a plan drawing as required by the
Planning Director.
B. The criteria for determining that no significant alteration of the previous use and site will result
from the proposed reuse, change in use or further development of a site shall include but not be
limited to the following:
1. The proposed use is allowed under the same zoning district use classification as the
previous use, however replacement of nonconforming uses must comply with the
provisions of Chapter 18.60, BMC;
2. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by
buildings, storage areas, parking areas or impervious surfaces and/or do not result in an
increase in intensity of use as measured by parking requirements, traffic generation or
other measurable off-site impacts;
a. By more than 20 percent for developments not meeting one or more of the
criteria of §18.34.040.C; OR
b. By more than 10 percent for developments meeting or exceeding one or more of
the criteria of §18.34.040.C;
3. The proposed use does not continue any unsafe or hazardous conditions previously
existing on the site or associated with the proposed use of the property.
C. If it is determined that the proposed reuse, change in use or further development of a site
contains significant alterations to the previous use and/or site, the application shall be
resubmitted as a new application and shall be subject to all plan review and approval provisions
of this chapter.
D. When proposals for reuse, change in use or further development of a site are located in the
neighborhood conservation or entryway corridor overlay districts, review by ADR staff or the
DRB may be required to determine whether resubmittal as a new application is necessary.
18.34.180 IMPROVEMENTS TO EXISTING DEVELOPED SITES INDEPENDENT OF
SITE PLAN REVIEW
A. The continued improvement of existing developed sites is desired to increase the level of
compliance with the provisions of this title. An applicant may propose improvements, not in
association with a site plan review, to increase conformity with the standards of this title for
landscaping, lighting, parking or similar components of a site to occur over a defined period of
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time, not to exceed three years. Such improvements shall be depicted on a site plan drawn to
scale and which shall be sufficiently detailed to clearly depict the current conditions, the intended
end result of the proposed improvements and any phasing of work. Such improvements shall be
reviewed by and approved at the discretion of the Planning Director. The Planning Director may
require surety in accordance with the terms of Chapter 18.74, BMC for work performed.
18.34.190 SPECIAL TEMPORARY USE PERMIT
A. Generally. Uses permitted subject to a special temporary use permit are those temporary uses
which are required for the proper function of the community or are temporarily required in the
process of establishing a permitted use, constructing a public facility or providing for response
to an emergency. Such uses shall be so conducted that they will not be detrimental in any way to
the surrounding properties or to the community. Uses permitted subject to a special temporary
use permit may include:
1. Carnivals, circuses, special events of not over seventy-two consecutive hours;
2. Tent revival meetings;
3. Swap meets; or
4. Such other uses as the Planning Director may deem to be within the intent and purpose
of this section.
B. Application and Filing Fee. Application for a special temporary use permit may be made by a
property owner or his authorized agent. A copy of the fees are available at the Planning
Department. Such application shall be filed with the Planning Director who shall charge and
collect a filing fee for each such application, as provided in Chapter 18.64, BMC. The Planning
Director may also require any information deemed necessary to support the approval of a special
temporary use permit, including site plans per this chapter.
C. Decision. Application for a special temporary use permit shall be reviewed by the Planning
Director who shall approve, conditionally approve or disapprove such application. Approval or
conditional approval shall be given only when in the judgment of the Planning Director such
approval is within the intent and purposes of this chapter.
D. Conditions. In approving such a permit, the approval shall be made subject to a time limit and
other conditions deemed necessary to assure that there will be no adverse effect upon adjacent
properties. Such conditions may include, but are not limited to, the following:
1. Regulation of parking;
2. Regulation of hours;
3. Regulation of noise;
4. Regulation of lights;
5. Requirement of bonds or other guarantees for cleanup or removal of structure or
equipment; and/or
6. Such other conditions deemed necessary to carry out the intent and purpose of this
section.
18.34.200 APPEALS
Appeals of decisions rendered in conjunction with this chapter may be taken as set forth in Chapter
18.66, BMC. In such event, any plan review approval and associated right to proceed with development
shall be stayed until the appeal process has been completed.
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18.34.210 IMPROVEMENTS
Improvements depicted on an approved site plan shall be installed subject to the requirements of
Chapter 18.74, BMC.
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CHAPTER 18.36
PLANNED UNIT DEVELOPMENT
18.36.010 INTENT OF PLANNED UNIT DEVELOPMENT
It is the intent of the City through the use of the planned unit development (PUD) concept, to promote
maximum flexibility and innovation in the development of land and the design of development projects
within the City. Specifically, with regard to the improvement and protection of the public health, safety
and general welfare, it shall be the intent of this title to promote the City’s pursuit of the following
community objectives:
A. To ensure that future growth and development occurring within the City is in accord with the
City’s adopted growth policy, its specific elements, and its goals, objectives and policies;
B. To allow opportunities for innovations in land development and redevelopment so that greater
opportunities for high quality housing, recreation, shopping and employment may extend to all
citizens of the Bozeman area;
C. To foster the safe, efficient and economic use of land and transportation and other public
facilities;
D. To ensure adequate provision of public services such as water, sewer, electricity, open space and
public parks;
E. To avoid inappropriate development of lands and to provide adequate drainage, water quality
and reduction of flood damage;
F. To encourage patterns of development which decrease automobile travel and encourage trip
consolidation, thereby reducing traffic congestion and degradation of the existing air quality;
G. To promote the use of bicycles and walking as effective modes of transportation;
H. To reduce energy consumption and demand;
I. To minimize adverse environmental impacts of development and to protect special features of
the geography;
J. To improve the design, quality and character of new development;
K. To encourage development of vacant properties within developed areas;
L. To protect existing neighborhoods from the harmful encroachment of incompatible
developments;
M. To promote logical development patterns of residential, commercial, office and industrial uses
that will mutually benefit the developer, the neighborhood and the community as a whole;
N. To promote the efficient use of land resources, full use of urban services, mixed uses,
transportation options, and detailed and human-scale design; and
O. To meet the purposes established in §18.02.040, BMC.
18.36.020 APPLICATION AND USES OF A PLANNED UNIT DEVELOPMENT
A. A planned unit development may be applied to any subdivision, or to any development having
one or more principal uses or structures on a single parcel of real property or contiguous parcels
of real property. Land use patterns and uses shall generally conform with growth policy land use
designations and underlying zoning districts. Approval for an additional use or combination of
uses may be allowed in a planned unit development only when such additional uses are
consistent with the Bozeman growth policy and relevant criteria in subsection E of §18.36.090,
BMC and are not prohibited elsewhere in this title.
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B. All planned unit developments shall consist of a harmonious arrangement of lots, uses,
buildings, parking areas, circulation and open spaces. All planned unit developments shall be
designed as an integrated unit, in such a manner as to constitute a safe, efficient and convenient
development.
C. Any planned unit development shall be considered as a conditional use within the zoning district
in which it is to be located.
D. The City Commission retains final approval authority for planned unit developments.
E. All planned unit developments shall compliment or be harmonious with existing adjacent
development.
18.36.030 SPECIAL CONDITIONS OF A PLANNED UNIT DEVELOPMENT
The following special conditions shall apply to any planned unit development:
A. Single Ownership. The tract or parcel of land involved shall be either in one ownership or the
subject of an application filed jointly by the owners of all the property to be included.
B. Title Holdings. The approved final plan shall specify the manner of holding title to areas and
facilities of joint use and how areas of joint use shall be maintained. Normally such areas and
facilities shall be retained in title by the developers of the development or deeded to an
organization composed of all owners in the development and meeting the requirements of
§18.72.020, BMC.
C. Residential Planned Unit Developments. The permitted number of residential dwelling units
shall be determined by the provision of and proximity to public services and subject to the
limitations in §18.36.090.E.2.b, BMC.
D. Use of General Building and Development Standards.
1. All planned unit developments shall be reviewed against the development standards
established in this title. However, in order to encourage creativity and design excellence
that would contribute to the character of the community, deviations from the
requirements or the standards of this title may be granted by the City Commission after
considering the recommendations of the applicable review bodies established by this
title. The PUD application shall be accompanied by written and graphic material
sufficient to illustrate the initial and final conditions that the modified standards will
produce. Such written and graphic materials may include textual descriptions, site plans,
renderings of proposed elevations or landscapes, or similar materials.
2. All requested deviations, waivers of submittal requirements and other relaxations of
regulatory requirements shall be identified in writing at the time of preliminary plan
submittal. Failure to identify such items may result in the delay of application processing
in order to receive necessary materials, provide additional public notice or other curative
actions.
3. The City Commission shall make a determination that the deviation will produce an
environment, landscape quality and character superior to that produced by the existing
standards of this title, and which will be consistent with the intent and purpose of this
chapter, with the adopted goals of the Bozeman growth policy and with any relevant
adopted Design Objectives Plan. Upon deciding in favor of the deviation request, the
City Commission may grant deviations, above or below minimum or maximum
standards respectively as established in this title, including the complete exemption from
a particular standard. If the City Commission does not determine that the proposed
modified standards will create an environment, landscape quality and character superior
to that produced by the existing standards of this title, and which will be consistent with
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the intent and purpose of this chapter and with any relevant Design Objectives Plan,
then no deviation shall be granted.
E. Establishing Additional Standards. In addition to the general building and development
standards, the city shall have the right to establish general design standards, guidelines and
policies, for the purpose of implementing and interpreting the provisions of this chapter.
F. Conformance to Sign Code. All signs proposed in conjunction with a planned unit development
shall be reviewed against the provisions of the Bozeman sign regulations, Chapter 18.52, BMC.
All signage must be approved as part of the PUD and shall be designed as an integral element of
the overall planned unit development. Approval of signs within a planned unit development
shall rest upon a determination by the City Commission, as proved by the specific proposal, that
the intent of the sign regulations is achieved. Signs which do not comply with Chapter 18.52,
BMC must receive a deviation.
18.36.040 PLANNED UNIT DEVELOPMENT REVIEW PROCEDURES AND CRITERIA
When a subdivision is proposed in conjunction with a zoning planned unit development, the subdivision
review shall be coordinated with the zoning review. All steps listed in this section shall apply whether
the application is for a subdivision or zoning PUD, and reference to plan includes plat unless the
context clearly indicates otherwise. Approval of a planned unit development shall consist of three
procedural steps: pre-application, preliminary plan and final plan. All subdivision PUDs shall also meet
all standards for plats.
A. Pre-application Review.
1. A pre-application review is mandatory for all planned unit development proposals.
2. A pre-application shall be submitted for review and discussion with the DRC, DRB, and
if applicable the WRB and planning staff of the applicant’s proposal and any
requirements, standards or policies that may apply. This step represents an opportunity
to identify any major problems that may exist and identify solutions to those problems
before formal application.
3. Pre-application Review Procedures. Pre-application review meetings will be held by the
DRC, DRB and WRB (if applicable) and will provide guidance for planned unit
development applications. The general outline of the planned unit development
proposal, presented as graphic sketch plans, shall be submitted by the applicant to the
Planning Department at least 10 days prior to the meeting of the review bodies. The
outline shall be reviewed by the DRC, DRB and the WRB (if applicable). Thereafter, the
Planning Department shall furnish the applicant with written comments regarding such
submittal, including appropriate recommendations to inform and assist the applicant
prior to preparing the components of the planned unit development preliminary plan
application.
B. Preliminary Plan Review. Sufficient information shall be submitted to permit review of the land
use relationships, densities and the type, size and location of the principal design elements of the
planned unit development by the DRC, DRB, WRB (if applicable) and City Commission. For a
planned unit development that will be developed in phases, the developer must submit either a
preliminary plan for all phases, or else submit a preliminary plan for the initial phase or phases
and development guidelines for all subsequent phases. Submittal requirements are in
addition to those required for site plan and conditional use permit review.
1. Application Process. Upon completion of pre-application review and receipt of the
Planning Department’s comments on the pre-application, an application for preliminary
plan approval may be filed with the Planning Department.
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2. Public Hearings and Meetings. Notice of public hearings and/or public meetings for any
preliminary plan application shall be provided in accordance with Chapter 18.76, BMC.
3. Review Criteria. In order to approve an application for a planned unit development the
City Commission shall determine that the application is in conformance with all
applicable standards, objectives and criteria of this title unless an appropriate deviation is
granted.
4. Recommendations. The DRC, DRB and WRB (if applicable) shall recommend the
approval, conditional approval or denial of the preliminary plan to the City Commission
and shall include in such recommendation the basis upon which such recommendation
was determined.
5. Preliminary Plan Approval. The City Commission, after conducting a public hearing,
may approve, disapprove or approve with conditions the proposed planned unit
development. The City Commission shall issue a written record of their decision to
discuss and weigh the review criteria and standards applicable to the PUD.
C. Final Plan Review and Approval. The final plan must be in compliance with the approved
preliminary plan and/or development guidelines except as provided for in subsection C.4 of this
section, and shall be reviewed DRC and ADR staff and approved by the Planning Director.
1. Application Process. Upon approval or conditional approval of a preliminary plan by the
City Commission, and the completion of any conditions imposed in connection with
that approval, an application for final plan approval may be submitted.
2. Review Criteria - Compliance with Preliminary Plan. For approval to be granted, the
final plan shall be in compliance with the approved preliminary plan. This shall mean
that all conditions imposed by the City Commission as part of its approval of the
preliminary plan have been met and:
a. The final plan does not change the general use or character of the development;
b. The final plan does not increase the amount of improved gross leasable
nonresidential floor space by more that 5 percent, does not increase the number
of residential dwelling units by more than 5 percent and does not exceed the
amount of any density bonus approved with the preliminary plan;
c. The final plan does not decrease the open space and/or affordable housing
provided;
d. The final plan does not contain changes that do not conform to the requirements
of this title, excluding properly granted deviations, the applicable objectives and
criteria of §18.36.100, BMC, or other objectives or criteria of this title. The final
plan shall not contain any changes which would allowed increased
deviation/relaxation of the requirements of this title; and
e. The final plat, if applicable, does not create any additional lots which were not
reviewed as part of the preliminary plan submittal.
3. Final Plan Approval. The Planning Director may approve the proposed planned unit
development if it conforms with the approved preliminary plan in the manner described
above. Prior to final plan approval, the Planning Director may request a
recommendation from the DRC, ADR staff, DRB, WRB or City Commission regarding
any part of a proposed final plan. If a final plat is part of the final plan submittal, the City
Commission shall have responsibility to approve the final plat.
a. Final plats associated with a PUD shall be subject to the requirements of
§18.06.060 and §18.78.070, BMC.
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4. Amendments to Final Plan. Building permits and other development approvals shall be
issued on the basis of the approved final plan and any conditions of approval. No City
administrative personnel are permitted to issue permits for improvements which are not
indicated on the approved final plan with the exception of the following:
a. Minor Changes.
(1) Minor changes to a planned unit development may be approved
administratively and in writing, if at all, by the Planning Director,
whereupon a permit may be issued. Such changes may be authorized
without additional public hearings at the discretion of the Planning
Director. This provision shall not prohibit the Planning Director from
requesting a recommendation from the DRB, DRC, ADR staff, WRB or
City Commission.
(2) Minor changes shall be defined as follows:
(a) Those developments that do not change the character of the
development;
(b) An increase of less than 5 percent in the approved number of
residential dwelling units;
(c) An increase of less than 5 percent in the improved gross leasable
floor areas of retail, service, office and/or industrial buildings;
(d) A change in building location or placement greater than 20
percent of the building width without compromising
requirements of the UDO;
(e) An increase in the number of lots less than 2 percent without
increasing the density by more than 5 percent. This is applicable
only to zoning PUD plans, not subdivision PUD plats;
(f) The final plan shall not contain any changes which would allow
increased deviation/relaxation of the requirements of this title;
and/or
(g). The final plat, if applicable, does not create any additional lots
which were not reviewed as part of the preliminary plan
submittal.
(3) When a planned unit development has been prepared in sufficient detail
to address the concerns of Chapter 18.34, BMC including but not limited
to general building envelopes, design character of buildings, and
landscaping for some or all of the parcels within its boundaries the final
site development plans may be reviewed as an amendment to the PUD
final plan. The intention to use this provision must be part of the inital
submittal and review of the PUD.
b. Major Changes.
(1) Major changes to a planned unit development shall be approved, if at all,
only by the City Commission, and must follow the same planned unit
development review and public hearing process required for approval of
preliminary plans. The final plan shall not contain any changes which
would allow increased deviation/relaxation of the requirements of this
title without being individually noticed and reviewed for the proposed
change.
(2) Major changes shall be defined as follows:
(a) A change in the character of the development;
(b) An increase of greater than 5 percent in the approved number of
residential dwelling units;
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(c) An increase of greater than 5 percent in the improved gross
leasable floor areas of retail, service, office and/or industrial
buildings;
(d) A reduction in the approved open space and/or affordable
housing units provided;
(e) A change in the location and placement of buildings; and/or
(f) An increase in the number of lots above what was approved
through the preliminary plan review. This is applicable only to
zoning PUD plans, not subdivision PUD plats. The final plat, if
applicable, may not create any additional lots which were not
reviewed as part of the preliminary plan submittal.
18.36.050 PLAN SUBMITTAL REQUIREMENTS
For each stage of the review process, the applicable information and data described in Chapter 18.78,
BMC shall be submitted unless the Planning Director determines that the information is unnecessary for
the proper evaluation of the development based on the evaluation of the pre-application review. Only
after the Planning Department has determined that all required information has been submitted will the
application be processed. When a proposed PUD includes both a subdivision and zoning component, a
coordinated application on a form to be provided by the Planning Department shall be used to
coordinate submittal materials and prevent redundant requirements.
18.36.060 DURATION OF PLANNED UNIT DEVELOPMENT APPROVAL
A. Duration Of Preliminary Plan Approval. The provisions of this subsection do not apply to
subdivision elements of a PUD.
1. Within a maximum of one year following the approval of a preliminary plan, the
applicant shall file with the Planning Department a final plan(s) in detailed form covering
the entirety, or one or more phases, of the development.
2. Upon application and for good cause, the Planning Director may administratively extend
the period for filing a final plan for two successive six-month periods. The granting of
administrative extensions under this section may, at the discretion of the Planning
Director, be referred to the City Commission.
3. Any additional six-month extensions to the planned unit development shall be approved,
if at all, only by the City Commission. A request for extension of preliminary approval
under this section must be submitted to the Planning Director in writing by the applicant
at least thirty calendar days prior to the date of expiration. Failure to submit a written
request within the specified time period shall cause forfeiture of the right to extension of
preliminary approval.
4. If no final plan(s) is filed covering all or any portion of the preliminary plan within the
above time limits, the right to proceed under the preliminary plan shall expire for any
portion of the preliminary plan for which a final plan has not been timely filed.
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B. Duration of Final Plan Approval.
1. The applicant must undertake and complete the development of an approved final plan
within two years from the time of final plan approval. For the purposes of this section, a
development is substantially complete once all engineering improvements (water, sewer,
streets, curbs, gutter, street lights, fire hydrants and storm drainage) are installed and
completed in accordance with City rules and regulations. Extensions for two successive
periods of six months may be administratively granted by the Planning Director. The
granting of administrative extensions under this section may, at the discretion of the
Planning Director, be referred to the City Commission.
2. Any additional six-month extensions to the planned unit development shall be approved,
if at all, only by the City Commission. A request for extension of final approval under
this section must be submitted to the Planning Director in writing by the applicant at
least 30 days prior to the date of expiration. Failure to submit a written request within
the specified time period shall cause forfeiture of the right to extension of final approval.
Failure to develop within the specified time limit and improvement requirements shall
cause a forfeiture of the right to proceed under the final plan and require resubmission
of all materials and reapproval of the same through the preliminary plan procedures.
3. The timing of all extensions of final plan approval shall be coordinated with the approval
period established for any subdivision plat approval that is part of the PUD so that any
expiration dates are consistent.
4. Final plan approval may occur multiple times under the provisions for phased PUDs
described below.
18.36.070 PHASING OF PLANNED UNIT DEVELOPMENTS
A. Applications for Phased Planned Unit Developments. If a planned unit development is intended
to be developed over time in two or more separate phases, application for approval of a phased
planned unit development shall follow procedures established for pre-application review as
outlined in this chapter. After pre-application review is completed, phased PUDs may be
proposed in accordance with one of the following procedures:
1. Application for Simultaneous Approval of All Phases of the PUD.
a. Where all phases of a PUD are planned in detail, an application for approval of
all phases of the PUD may be made in accordance with preliminary plan review
and approval procedures outlined in this chapter. In such cases, preliminary plans
and all required supplemental information shall clearly set forth phased
development boundaries, schedules and other details pertaining to the phasing of
the project.
b. Upon approval of the preliminary plan for all phases of the PUD, each phase of
the development may occur in accordance with the review and approval
procedures for final plans as specified in this chapter.
2. Application for Approval of Initial Phase of the PUD - With Subsequent Phases Master
Planned and Subject to Development Guidelines. Where the applicant wishes to gain
preliminary and final approval for the initial phase(s) of a PUD, and further wishes to
gain master plan and development guidelines approval for subsequent phases of the
PUD, preliminary and final plan review and approval procedures for the initial phase(s)
shall be followed in accordance with this chapter. A master plan and development
guidelines for the remaining phases of the development shall be provided for review and
approval as outlined below.
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B. Phased PUD Approval Process. Master plans and development guidelines shall be reviewed and
approved according to the procedures established for preliminary plans as established in this
chapter. When a master plan and development guidelines for a phased PUD have been reviewed
and approved by the City Commission, each phase of the PUD may be developed in accordance
with the review and approval procedures set forth in this chapter for final plan reviews.
C. Phased PUD Review Criteria.
1. In general, the review criteria for phased preliminary and final PUDs shall be the same as
that for PUDs as set forth in this title.
2. In those cases where master plans and development guidelines are proposed to govern
the development of future phases of the PUD, the City Commission must determine
that the proposed master plan and development guidelines are provided in sufficient
detail to support a determination that the phased PUD will comply with all requirements
for PUD approval if developed in accordance with the approved master plan and
development guidelines.
3. DRB or ADR staff, as applicable, and DRC review and approval of preliminary and final
plans, for those phases of a PUD which have an approved master plan and development
guidelines, shall assure compliance and consistency with said master plan and
development guidelines.
4. Should DRC, DRB or ADR staff, as applicable, determine that proposals to develop
subsequent phases of a PUD are not in compliance with the approved master plan and
development guidelines, the determination may be appealed to the City Commission
subject to the provisions of Chapter 18.66, BMC.
D. Phased Planned Unit Development Submittal Requirements.
1. Master Plan Submittal Requirements. Master plans for phased PUDs shall consist of a
detailed site plan depicting:
a. Existing conditions for the entire phased PUD as required by subsections B and
C of §18.78.120, BMC; and
b. Proposed conditions pertaining to such elements as building location, open
spaces, vehicular and pedestrian circulation, and boundaries of the individual
phases of the PUD in as much detail as is required by the evaluation of the pre-
application review as outlined in this chapter.
2. Development Guidelines Submittal Requirements. Development guidelines for phased
PUDs shall be submitted to the Planning Director as part of the application submittal in
one or more orderly documents. Each document shall contain a table of contents and
shall be in an 8½- by 11-inch vertical format, bound to open flat for review. All graphic
representations shall be in 8½- by 11-inch or 11- by 17-inch format. Development
guidelines for phased PUDs shall contain the information as is required by the evaluation
of the pre-application review as outlined in this chapter. Such information may include,
but is not limited to, the following:
a. A description of submittal requirements and review procedures for the approval
of preliminary and final plans submitted in accordance with the master plan and
development guidelines (to be developed with the assistance of staff);
b. A description of the coordination with any other applicable review procedures,
e.g., subdivision review;
c. A complete list of proposed or potential land uses;
d. Sign guidelines: type(s), location, design, illumination, size and height;
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e. Perimeter buffering guidelines with specific regard to adjoining land uses;
f. Landscaping guidelines, including a description of the landscaping theme in
relation to the streetscape, the buildings on site, and any proposed signage, open
space treatment, parking and circulation areas, display areas and screening;
g. Design guidelines for outdoor storage and/or display;
h. Protective covenants which may include requirements, property owners
association provisions, provisions for maintenance, etc.;
i. Parking: guidelines for design, provision for shared facilities, circulation between
lots, coordination with sidewalk system, and service areas;
j. Dimensional requirements: building heights, setbacks (interior and perimeter),
open space, etc.;
k. Lighting;
l. Architectural guidelines;
m. Provisions for utilities, communications and refuse;
n. Guidelines for noise, emissions, glare, hazardous materials, etc.; and
o. Improvements schedule.
E. Open Space Provisions for Phased PUD Developments. If a project is to be built in phases,
each phase shall include an appropriate share of the proposed recreational, open space,
affordable housing and other site and building amenities of the entire development used to meet
the requirements of §18.36.090.E.2, BMC. The appropriate share of the amenities for each phase
shall be determined for each specific project at the time of preliminary approval and shall not be
based solely upon a proportional or equal share for the entire site. Requirements may be made
for off-site improvements on a particular phased project.
F. Final Plans for Phased PUD Developments. Final plans for a planned unit development may be
submitted in phases. The final plan shall conform to the preliminary plan of a planned unit
development, as approved.
G. Duration of Phased PUD Development Guidelines Approval. Within a maximum of five years
following the approval of development guidelines for a planned unit development, development
must commence or the development guidelines must be reviewed for renewal. Any subsequent
approvals of a preliminary plan must conform to the development guidelines.
18.36.080 ENFORCEMENT OF APPROVAL REQUIREMENTS AND CONDITIONS
The occurrence of either of the following events may subject the applicant to the enforcement remedies
contained in Chapter 18.64, BMC:
A. Failure to comply with any terms, conditions or limitations contained on the site plan, landscape
plan, building elevations or other approved documents pertaining to a planned unit development
which has received final approval from the City.
B. Failure to comply with any conditions on record imposed by the City Commission upon its
review of the master or preliminary plans, or any conditions imposed by the DRC or ADR
through the review of the final plan for the planned unit development, under the provisions of
Chapter 18.36, BMC, Planned Unit Development Ordinance (PUD).
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18.36.090 PLANNED UNIT DEVELOPMENT DESIGN OBJECTIVES AND CRITERIA
A. General. For any planned unit development proposal to be approved it must first be found, by
the City Commission, after recommendation from the DRC, DRB or WRB (if applicable), to be
in compliance with this title including any applicable criteria of this section.
B. Land Use Classifications.
1. The design objectives and criteria with which a planned unit development proposal must
comply are dependent upon the designated growth policy land use classification and
zoning district of the site proposed for the planned unit development.
2. All planned unit developments are reviewed against the objectives and criteria designated
for all development. Each individual planned unit development is then reviewed against
the objectives and criteria established for the land use classification(s) of the site on
which the proposal is to be located. A planned unit development must satisfy all the
objectives and criteria of all applicable groups.
In evaluating planned unit developments, the City may determine that certain criteria are
not applicable or are irrelevant to a particular development proposal and therefore do
not apply to that proposal unless those criteria are applicable to a deviation which is
being sought by the applicant. Subsection E of this section contains the groups of
objectives and criteria against which planned unit developments are reviewed.
C. Evaluation Process. The acceptability and performance of a planned unit development proposal
shall be evaluated as follows: Each of the relevant objectives and criteria for the applicable land
use classification and for all development contained in subsection E of this section, will be
answered “Yes”, “No” or “Not Applicable” (NA). A “No response” to any of the applicable
objectives and criteria will automatically preclude the development proposal from further
consideration and eventual approval, unless a deviation is granted by the City Commission. An
objective or criterion is considered to be applicable if it can reasonably be applied to the
development proposal. The applicant shall clearly demonstrate how the planned unit
development specifically addresses each applicable objective and criterion.
D. Responsibility for Impact Mitigation. To protect the character of new and existing
neighborhoods against intrusive and disruptive development, any negative or adverse impacts
shall be effectively mitigated in the planned unit development plan, as per the following
guidelines:
1. When two adjacent parcels are developed simultaneously, the responsibility for
mitigating conflicts is upon the more intense use.
2. When a use is the first to develop on two adjacent vacant parcels, the first use shall
provide the necessary buffer to any reasonable future use as determined by the City.
3. The second use to develop shall, at the time it develops, take all additional steps
necessary to mitigate conflicts.
4. However, when a planned unit development includes a use or uses which are not
otherwise permitted in the underlying zoning district, the responsibility for impact
mitigation shall lie exclusively with the planned unit development proposal.
E. Design Objectives and PUD Review Criteria.
1. The City will determine compatibility of a project based upon the evidence presented
during evaluation of the community design objectives and criteria of this title.
2. In addition to the criteria for all site plan and conditional use reviews, the following
criteria will be used in evaluating all planned unit development applications.
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a. All Development. All land uses within a proposed planned unit development
shall be reviewed against, and comply with, the applicable objectives and criteria
of the mandatory “All Development” group.
(1) Does the development comply with all City design standards,
requirements and specifications for the following services: water supply,
trails/walks/bike ways, sanitary supply, irrigation companies, fire
protection, electricity, flood hazard areas, natural gas, telephone, storm
drainage, cable television, and streets?
(2) Does the project preserve or replace existing natural vegetation?
(3) Are the elements of the site plan (e.g., buildings, circulation, open space
and landscaping, etc.) designed and arranged to produce an efficient,
functionally organized and cohesive planned unit development?
(4) 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.) contribute to the overall reduction of
energy use by the project?
(5) Are the elements of the site plan (e.g. buildings, circulation, open space
and landscaping, etc.) designed and arranged to maximize the privacy by
the residents of the project?
(6) Park Land. Does the design and arrangement of buildings and open
space areas contribute to the overall aesthetic quality of the site
configuration, and has the area of park land or open space been provided
for each proposed dwelling as required by §18.50.020, BMC?
(7) Performance. All PUDs shall earn at least twenty performance points.
Nonresidential developments within the North 19th Avenue/Oak Street
corridor shall earn thirty points. Points may be earned in any
combination of the following. The applicant shall select the combination
of methods but the City may require documentation of performance,
modifications to the configuration of open space, or other assurances
that the options selected shall perform adequately.
(a) Provision of affordable housing: Four points for each percent of
dwellings to be constructed in the residential development which
are provided by donation to the City of Bozeman or their
designee; OR – One point for each build ready lot donated to the
City for affordable housing provided by a residential or non
residential development; OR – One point for each percent of
dwellings to be constructed in the residential development which
are provided by long term contractual obligation to an affordable
housing agency, for a period of not less than 20 years, with a
written plan assuring on-going affordability pricing and eligibility
monitoring, and annual re-certification. The City's affordability
guidelines and subsequent revisions shall establish affordability
and eligibility;
(b) Additional open space: One point for each percent of the project
area that is provided as non-public open space; or one and one-
quarter points for each percent of the project area that is
provided as publicly accessible open space.
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The portion of the project to be considered in determining the
size of area to be provided for open space shall be the gross
project area less areas dedicated and transferred to the public,
and/or used to meet the parklands requirements of (6) above.
The area provided for open space shall be exclusive of yard
setbacks on individually owned lots and interior parking lot
landscaping, and subject to the performance standards of Chapter
18.50, BMC. The area may be provided through a combination of
one or more of the following means:
(i) Open space within the project boundaries and commonly
held by the property owners association for the use of
owners, residents and their guests;
(ii) Open space within the project boundaries and developed
as usable recreation space with a corresponding public
use easement;
(iii) Outside of the project boundaries as an addition to an
existing off-site park adequate in location and size to meet
the recreational needs of the resident; or
(iv) Cash-in-lieu of open space subject to the standards of
§18.50.030, BMC; or
(v) Open space outside of the project boundaries adequate in
size and location to meet the recreational needs of the
residential development only with the approval of the
City Commission. The site is subject to the standards of
§18.50, BMC and must demonstrate a geographic and
service relationship to the residential development.
(c) Adaptive reuse of historic buildings: Two points for each 10
percent of total number of dwelling units in a residential
development which are provided by the adaptive reuse of an
individually listed or eligible to be listed historic structure; one
point for each 10 percent of total commercial and/or industrial
floor area which is provided by the adaptive reuse of an
individually listed or eligible to be listed historic structure; up to a
total of 1/3 of the performance points required to be earned.
(d) Underutilized and brownfield sites: One point for each 50
percent increase in the total square footage of commercial and/or
industrial floor area on underutilized sites; 1 point for each 50
percent increase in the total number of dwelling units on
underutilized sites; 1 point for each acre developed of the
environmentally contaminated land; up to a total of 1/3 of the
performance points required to be earned.
(8) 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?
b. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3,
R-4, RMH 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.
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For purposes of this section, “limited commercial development” means uses
listed in the B-1 neighborhood service district (Chapter 18.18, BMC), 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 neighborhood.
(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 growth policy?
(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
community wide issues of affordability and diversity of housing stock?
(5) Is the overall project designed to enhance the natural environment,
conserve energy and to provide efficient public services and facilities?
(6) Residential Density Bonus. If the project is proposing a residential
density bonus (30 percent maximum) above the residential density of the
zoning district within which the project is located and which is set forth
in Chapter 18.16, BMC, 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? The number of dwelling units obtained by the density
bonus shall be determined by dividing the lot area required for the
dwelling unit type by one plus the percentage of density bonus sought.
The minimum lot area per dwelling obtained by this calculation shall be
provided within the project.
(7) Limited Commercial. If limited commercial development, as defined
above, is proposed within the project, is less than 20 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?
(a) If neighborhood service activities are proposed within the
project, is a market analysis provided demonstrating that less than
50 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?
(b) 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?
(c) If the project contains limited commercial development, as
defined above, has the project been sited and designed such that
the activities present will not detrimentally affect the adjacent
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residential neighborhood and have the commercial activities been
developed at a scale compatible with residential development?
(8) Does the overall PUD recognize and, to the maximum extent possible,
preserve and promote the unique character of neighborhoods in the
surrounding area?
c. Commercial. Planned unit developments in commercial areas (B-1, B-2 and B-3
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 Bozeman area.
(1) If the project contains any use intended to provide adult amusement or
entertainment, does it meet the requirements for adult businesses?
(2) Is the project contiguous to an arterial street, and has adequate but
controlled access been 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
growth policy?
(8) Does the project provide for outdoor recreational areas (such as
additional landscaped areas, open spaces, trails or picnic areas) for the use
and enjoyment of those living in, working in or visiting the development?
d. Industrial. Planned unit industrial developments in industrial areas (M-1, M-2 and
BP zoning districts) may include employment, wholesaling, manufacturing and
utility centers for the community. The particular types or combination of uses
shall be determined based upon its merits, benefits, potential impact upon
adjacent land uses and the intensity of development.
(1) Is the project located adjacent to an arterial or collector street that
provides adequate access to the site?
(2) Is the project developed such that the least intense uses shall be located
along the arterial streets, where visibility to the public is likely? More
intense uses such as heavy industrial uses and warehousing activities will
be located away from the arterial streets, buffered by the other uses.
(3) Does the project utilize a landscaping theme that will tie adjacent uses or
projects together?
(4) Is the project being developed on land substantially surrounded by
property approved for development or 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 or picnic areas) for the use and
enjoyment of those working in or visiting the development?
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18.36.100 NORTH 19TH AVENUE/WEST OAK STREET ENTRYWAY CORRIDORS
A. Intent and Purpose. It is the intent and purpose of this section to establish the planned unit
development (PUD) review procedures as a method to guide future growth and development
within the area of the North 19th Avenue/West Oak Street Corridor Master Plan. It is further
intended to ensure that future growth and development will occur in accord with the goals and
objectives of the North 19th Avenue/West Oak Street Corridor Master Plan and it successors as
a subarea plan to the Bozeman Growth policy.
B. Application. Planned unit development provisions shall apply to all nonresidential development
proposals located in the North 19th Avenue and West Oak Street Entryway Corridor areas as
designated on the land use plan of the North 19th Avenue/West Oak Street Corridor Master
Plan and on the City of Bozeman’s Official Zoning Map as follows:
1. North 19th Avenue. (Class I and Class II corridor) All nonresidential development
within the North 19th Avenue Entryway Corridor, between Durston Road and the
North 19th Avenue-Interstate 90 Interchange, measured 660 feet from the centerline of
North 19th Avenue, exclusive of the following:
a. Between Durston Road and the south boundary of Covered Wagon Mobile
Home Court, a Class II entryway corridor overlay classification shall be applied
to the east side of North 19th Avenue, measured 330 feet from the centerline of
North 19th Avenue.
2. West Oak Street. (Class I and Class II corridor) All nonresidential development within
the West Oak Street Entryway Corridor between North 7th Avenue and Rose Park shall
be applied within such corridor as follows:
a. Between North 7th Avenue and North 19th Avenue, measured 660 feet from the
centerline of West Oak Street; or
b. Between North 19th Avenue and the east boundary of Rose Park, measured 330
feet from the centerline of West Oak Street.
C. It is required that any developments subject to this section comply with all of the specific
development standards of the Design Objectives Plan for North 19th Avenue/West Oak Street
Corridors. Residential developments within this corridor are not required to be developed as a
planned unit development, but do need to comply with the specific development standards of
the Design Objectives Plan for North 19th Avenue/West Oak Street Corridors.
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CHAPTER 18.40
STANDARDS FOR SPECIFIC USES
18.40.010 PURPOSE
The purpose of this section is to further describe the standards and conditions under which certain uses
may be permitted as principal or conditional uses in specific districts.
18.40.020 APPLICABILITY
All uses listed in this section shall be subject to the specific standards described for each use, in addition
to all other applicable standards.
18.40.030 ACCESSORY DWELLING UNITS
A. An owner or the owners of real property may establish and maintain an accessory dwelling unit,
either within a detached single-household dwelling or above a detached garage which is
accessory to the detached single-household dwelling, in the R-S or R-1 districts if all of the
following conditions are met and continue to be met during the life of the accessory dwelling
unit:
1. The detached dwelling unit within which the accessory dwelling unit is located, or the
accessory dwelling unit itself, is actually and physically occupied as a principal residence
by at least one owner of record who possesses at least an estate for life or a 50 percent
fee simple ownership interest. No more than one of the dwellings, either the principal
dwelling or the accessory dwelling, may be rented by non-owners at the same time. The
City may require a guarantee of compliance with the requirements of this section,
including but not limited to a binding deed restriction or covenant enforcing the single
rental restriction as allowed in §18.74.080.B, BMC, as a condition of approval;
2. In addition to the parking required for the principal residence, one paved off-street
parking space is provided for the exclusive use of the accessory dwelling unit. The
parking provided shall be located on the lot and may not utilize the on-street parking
provisions of Chapter 18.46, BMC;
3. The occupancy of the accessory dwelling unit does not exceed two persons;
4. Garages shall not be converted for use as accessory dwelling units. However, accessory
dwelling units shall be permitted to be placed above garages only in subdivisions
receiving preliminary plat approval after January 1, 1997;
5. No permit for an accessory dwelling unit shall be granted unless the lot has been
configured to accept an accessory dwelling unit with adequate lot area, utility services,
and compliance with setbacks and height standards;
6. In no case shall an accessory dwelling unit be larger than 800 square feet or have more
than a single bedroom. The method of calculating the maximum ADU square footage
will be “living area” defined as “all floor area exclusive of areas with a sloped ceiling less
than five (5) feet in height, stairwells, and exterior decks.” Bedrooms, living rooms,
kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living
space shall be included in the maximum square footage calculation.;
7. Second story additions on detached garages shall be approved only if found compatible
and consistent with the character and fabric of the neighborhood;
8. Only one accessory dwelling unit may be created per lot; and
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9. If the accessory dwelling unit is a part of the principal dwelling unit, the accessory
dwelling unit shall be clearly incidental to the principal dwelling unit and shall meet the
following criteria:
a. The accessory dwelling unit is created only in a single-household detached
dwelling unit on a lot of 6,000 square feet or more;
b. The accessory dwelling unit does not exceed one-third of the total area of the
principal structure;
c. The accessory dwelling unit is created only through internal conversion of the
principal structure or constructed above a garage. Minor exterior changes may be
made on the building, if the square footage added constitutes no more than 10
percent of the principal structure’s existing living area (exclusive of the garage);
and
d. If the entrance for the accessory dwelling unit is separate from the entrance of
the principal structure, the entrance shall only be located in the rear or side yards.
10. All accessory dwelling units are subject to CUP provisions established in Chapter 18.34,
BMC.
11. No deviations shall be granted to lot area requirements or parking requirements to allow
the establishment of an accessory dwelling unit. In no case shall more than a total of two
deviations be granted to allow the establishment of an accessory dwelling unit.
B. An owner or the owners of real property may establish per §18.34.050 and maintain an accessory
dwelling unit, in the R-2, R-3, R-4 or R-O districts if all of the following conditions are met and
continue to be met during the life of the accessory dwelling unit. If the following conditions are
not met the dwelling shall be reviewed under the provisions of §18.34.090, BMC.
1. In addition to the parking required for the principal residence, the minimum number of
required paved off-street parking shall be provided for the exclusive use of the accessory
dwelling unit;
2. The occupancy of the accessory dwelling unit does not exceed two persons;
3. Garages shall not be converted for use as accessory dwelling units. However, accessory
dwelling units shall be permitted to be placed above garages;
4. In no case shall an accessory dwelling unit be larger than 600 square feet or contain more
than a single bedroom. The method of calculating the maximum ADU square footage
will be “living area” defined as “all floor area exclusive of areas with a sloped ceiling less
than five (5) feet in height, stairwells, and exterior decks.” Bedrooms, living rooms,
kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living
space shall be included in the maximum square footage calculation;
5. Second story additions on detached garages shall be approved only if found compatible
and consistent with the existing character and fabric of the neighborhood; and
6. Only one accessory dwelling unit may be created per lot.
7. No deviations shall be granted to lot area requirements or parking requirements to allow
the establishment of an accessory dwelling unit. In no case shall more than a total of two
deviations be granted to allow the establishment of an accessory dwelling unit.
8. The accessory dwelling unit is located above a garage.
C. The applicant shall comply with Building Department standards.
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18.40.040 ADULT BUSINESSES
In addition to the requirements to be followed for all development established in this title, the following
requirements shall apply to all adult businesses.
A. An adult business must be separated by at least a 500-foot radius from any other adult use,
residence, residential district, school, place of worship, public park or any youth-oriented
establishment. Subsequent establishment of one of the above listed uses within the required
separation radius does not compel the relocation of an adult business.
18.40.050 ALCOHOL SALES FOR ON PREMISE CONSUMPTION
Alcohol sales for on premise consumption, on either a temporary or permanent basis, may not be
conducted on the same lot or premises where an adult business or auto retail fuel sale is permitted.
18.40.060 AUTOMOBILE REPAIR AND/OR FUEL SALES
In addition to the requirements to be followed for all convenience uses as defined in this title, and
provided in §18.40.100 of this chapter, the following requirements shall apply to all service station and
automobile uses as listed below. Compliance with all criteria listed below does not necessarily guarantee
approval by the City.
A. Gas pump and pump island canopies are to be located not closer than 10 feet to any side or rear
property line. Design of the canopy shall architecturally match the design of the main building.
All canopies shall be connected to the roof of the main structure unless otherwise approved. All
lighting shall meet the lighting standards of this title. The maximum height of the canopy shall
not exceed 18 feet. All signs must conform to the sign regulations of Chapter 18.52, BMC;
B. All on-site activities, except those normally performed at the fuel pumps, are to be performed
within a completely enclosed building;
C. Where towing service is to be provided, a parking bay for the towing vehicle is to be provided.
Vehicles that are either under repair or vehicles that have been repaired may be stored on a
temporary basis, not to exceed seven days, and designated parking bays must be provided for
each vehicle awaiting repairs. Vehicle storage areas are subject to the same screening
requirements as parking lots;
D. All lighting shall conform to Section 18.42.150;
E. All structures approved under these standards shall be of a design character that is appropriate
to the area in which they are to be constructed. Color renderings of buildings shall accompany
each application and construction shall be in conformity thereto. Architectural detailing shall be
consistent on all four sides of the building;
F. All restroom entrances shall be screened from view of adjacent properties or street rights of-way
by a decorative wall or landscaping, or shall be accessed from the inside of the main entrance to
the building;
G. No outside storage of, and no sale, lease or rental of trailers, trucks or similar equipment shall be
permitted except as may be specifically allowed in that zone;
H. Parking space for each service stall in the station shall be provided. Pump islands shall not be
considered as service bays. Standing areas at pump islands and interior circulation areas shall not
be used as parking areas in calculating required parking spaces; and
I. Automotive Repair Facilities.
1. All repairs or painting shall be performed within a building;
2. No site plan shall be approved which exposes unassembled vehicles, auto repair activities
or auto parts to any street or residential district;
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3. Any facility shall be designed to contain and minimize noise and odors; and
4. All facilities shall have a water quality facility (oil / water separator) as part of the water
quality design for storm water runoff, and shall conform to Section 18.42.080.
18.40.070 AUTOMOBILE WASHING ESTABLISHMENT
In addition to the requirements to be followed for all convenience uses, the following requirements shall
apply to all auto washing establishments as listed below.
A. All detergents must be biodegradable;
B. Building surfaces shall be faced with masonry, brick, stucco, wood or some other permanent
looking material;
C. Trash and litter containers shall be emptied daily. In addition, the site shall be patrolled at least
once daily in order to remove litter;
D. Sale of automobile accessories such as batteries, tires, gasoline, etc. is prohibited during any
period when establishment employees are not present; and
E. Canopies are to be located not closer than 10 feet to any side or rear property line. Design of the
canopy shall architecturally match the design of the main building. All lighting shall meet the
lighting standards of this title. The maximum height of the canopy shall not exceed 18 feet. All
signs must conform to the sign regulations of Chapter 18.52, BMC.
18.40.080 CEMETERIES
A. Total site area, including business office and storage building, shall be a minimum of 40 acres, of
which at least 10 acres shall be subdivided and developed in the initial plot.
B. The cemetery may include accessory uses such as a chapel, mortuary, office, mausoleum and
those industrial uses which are incidental to the operation of a cemetery. Industrial uses may
include such things as the manufacture of burial vaults and headstone foundations, provided all
of the products are used on the site and are not offered for sale and use elsewhere. The cemetery
shall not include uses of an industrial nature other than those stated in this section.
18.40.090 CONDOMINIUMS
A. Unit Ownership Act. Condominium developments shall comply with all provisions of the Unit
Ownership Act, §70-23-102 et seq., MCA, and all regulations adopted pursuant thereto.
B. Condominium Association. A condominium association shall be established for each
condominium development. The developer shall prepare bylaws for the condominium
association, as well as covenants, conditions and restrictions for the condominium development,
in compliance with Chapter 18.72 of this title. The bylaws, covenants, conditions and restrictions
shall be submitted to the City for review and approval prior to the granting of final site plan
approval.
C. Internal circulation in a condominium development shall be designed in accordance with
Chapter 18.46, and shall not have to comply with Section 18.44.020.
18.40.100 CONVENIENCE USES AND DRIVE THROUGH/DRIVE IN RESTAURANTS
A. Architectural Guidelines.
1. All convenience uses shall be designed with an architectural and design character that is
appropriate for and compatible with the area, and shall also comply with all applicable
design standards and guidelines including the Design Objectives Plan for entry way
corridors;
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2. Use of standardized corporate identification themes integrated into the architectural
design is generally not acceptable. Excessive use of such themes may be used as grounds
for denial of the project;
3. When located in shopping centers, the architectural character of the building shall be
integrated with the design theme of the center through the use of the same building
materials, shapes and details. The effect of color in creating a design character that is
appropriate for and compatible with the area will be considered. All parking, circulation,
driveways, setbacks and signage shall be integrated with the entire design theme of the
project; and
4. The elevation design of the building shall provide design character and detailing on all
four sides.
B. Noise from drive through speakers shall not be audible from adjacent residential districts.
18.40.110 HOME BASED BUSINESSES
A. Generally. A home based business is a use that is considered accessory to a dwelling unit.
Buildings combining live/work arrangements located in districts where both the residential and
nonresidential uses to be combined are permitted are not subject to the requirements of this
section.
B. Home Based Business as Accessory Use
1. The use shall be clearly incidental and secondary to the use of the dwelling for residential
purposes and shall not change the character of the dwelling or adversely affect the uses
permitted in the residential district of which it is a part. The home based business may
not be conducted in an accessory structure, and shall comply with the standards of
subsection C below.
2. Purpose. It is in the intent of this section to eliminate as accessory home based
businesses for all uses except those that conform to the standards set forth in this
section. In general, an accessory home based business is a use so located and conducted
that the average neighbor, under normal circumstances, would not be aware of its
existence with the exception of permitted signage as allowed by Chapter 18.52, BMC.
The standards for home based businesses included in this section are intended to insure
compatibility with other permitted uses and with the residential character of the
neighborhood. A clearly accessory or incidental status in relation to the residential use of
the main building is the criteria for determining whether a proposed accessory use
qualifies as an of right home based business.
3. Necessary Conditions for Accessory Use. Accessory home based businesses are
permitted accessory uses in residential districts only so long as all the following
conditions are observed:
a. Such home based business shall be conducted by resident occupants in their
residence with not more than one on-premise halftime nonresident employee;
b. No more than 25 percent of the gross area of all structures shall be used for such
purpose;
c. No use shall require internal or external alterations or involve construction
features or the use of electrical or mechanical equipment that would change the
fire rating of the structure;
d. No home based business shall cause an increase in the use of any one or more
utilities (water, sewer, garbage, etc.) so that the combined total use for dwelling
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and home based business purposes exceeds the average for residences in the
neighborhood;
e. There shall be no outside storage of any kind related to the home based business;
f. The use may increase vehicular traffic flow and parking by no more than one
additional vehicle at a time. Depending on the individual circumstances of each
application, an additional off-street parking space may be required; and
g. No use shall create noise, dust, vibration, smell, smoke, glare, electrical
interference, fire hazard or any other hazard or nuisance to any greater or more
frequent extent than that usually experienced in an average residential occupancy
in the district in question under normal circumstances wherein no home based
business exists.
4. Notice of Intent to Operate an Accessory Home Based Business. Any individual
applying for a business license, with the intent of operating the business from his/her
home, shall acknowledge by signature his/her understanding of the requirements and
conditions of this title.
C. Home Based Business as Conditional Use.
1. Purpose. The use shall be secondary to the use of the lot for residential purposes and
shall not be incompatible with the character of the zoning district thereof or adversely
affect the principal uses permitted in the residential district of which it is a part. When a
home based business has been established through the CUP process, it means that the
owner, lessee or other persons who have a legal right to the use of the dwelling also have
the right to conduct the home based business whether in the principal or an accessory
structure. The home based business shall comply with the standards of subsection C.3
below.
2. Conditional Use. It is the intent of this section to provide, through the conditional use
process established in Chapter 18.34, BMC, opportunities for home based businesses
which are more intensive in nature than those which would be allowed as an accessory
use. In general, a home based business approved through the conditional use process is
an accessory use which complies with the requirements of this title and is subordinate to
the primary use of the particular lot for residential purposes. The standards for home
based businesses included in this section are intended to insure compatibility with other
permitted uses and with the residential character of the neighborhood. A secondary, but
not incidental, status in relation to the residential use of the main building is the criteria
for determining whether a proposed use may, under certain circumstances, qualify as a
home based business which may be approved by the conditional use process. As stated
in §18.34.010, BMC, conditional uses start from the presumption that they are
incompatible with the zoning district but may under specific and limited conditions
become compatible. Unless such conditions are found, there is no right to the practice
of a home based business which does not comply with the terms of an accessory home
based businesses as listed in this section.
3. Necessary Conditions for Conditional Use. Home based businesses permitted through
the conditional use permit process are allowed in residential districts only so long as all
the following conditions are observed:
a. Such home based business shall be conducted by resident occupants with not
more than one on-premise halftime nonresident employee;
b. No more than 30 percent of the gross area of all structures shall be used for such
purpose;
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c. No use shall require internal or external alterations or involve construction
features or the use of electrical or mechanical equipment that would change the
fire rating of the structure beyond that allowed in a residential use;
d. No home based business shall cause an increase in the use of any one or more
utilities operated by the City of Bozeman so that the combined total use for
dwelling and home based business purposes exceeds the average for residences
in the neighborhood;
e. There shall be no outside storage of any kind related to the home based business;
f. No use shall create noise, dust, vibration, smell, smoke, glare, electrical
interference, fire hazard or any other hazard or nuisance to any greater or more
frequent extent than that allowed by this title;
g. Home based business by conditional use permit may only be allowed on lots
occupied by single-household detached dwellings;
h. Such conditional use shall be subject to all conditions set forth in this title, except
the provisions of §18.48.060, BMC, Landscape Performance Standards; and
i. All permits required by the City, including, but not limited to, building permits
and business licenses, shall be received prior to establishing the home based
business.
4. Home Based Business Allowed Through a Conditional Use Permit. Any individual
seeking to operate a home based business, which is greater in scope than that allowed by
an accessory home based business, shall make application for a conditional use permit
under the terms of Chapter 18.34, BMC. The Planning Director shall determine if a
home based business requires a conditional use permit.
D. Complaints. Complaints by citizens of Bozeman may be cause for termination of the home
based business. However, should such complaint be filed, the operator is entitled to an appeal to
the City Commission for a public hearing. The City Commission shall determine whether or not
the filed complaint identifies sufficient violation of this title to warrant termination or
modification of the home based business.
E. Uses That Are Prohibited. The following uses, by the nature of their character or the investment
of operation, have a pronounced tendency, once started, to rapidly increase beyond the limits
permitted for home based businesses and thereby impair the use and value of a residentially
zoned area for residential purposes. Therefore, the following uses shall not be permitted as
home based businesses: adult businesses; auto repair, minor or major; carpentry work; dance
instruction; dental offices; medical offices; mobile oil and lube services; painting of vehicles,
trailers or boats; private schools with organized classes; radio or television repair; and
upholstering.
F. Appeal to City Commission. Any person may appeal the Planning Director’s action relating to a
home based business to the City Commission as provided for by Chapter 18.66, BMC.
18.40.120 MANUFACTURED HOME COMMUNITIES
Manufactured home communities are included in the state classification of land subdivisions by rent or
lease. Therefore, applicants for such developments shall apply for and be reviewed under both site plan
and subdivision procedures. These will be reviewed concurrently when appropriate. All standards of this
title are applicable unless explicitly waived.
A. State of Montana Requirements. All manufactured home communities developed under this
section shall comply with Montana State Department of Public Health and Human Services,
Department of Environmental Quality and any other applicable state regulations. Prior to final
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approval for a manufactured home community, copies of approval letters from relevant state
agencies shall be submitted or compliance with all applicable regulations shall be certified by a
professional civil engineer licensed by the State of Montana.
B. Lot Improvements. The location of boundaries of each manufactured home lot for rent or lease
shall be clearly and permanently marked on the ground with flush stakes, markers or other
suitable means. The location marked must be closely approximate to those depicted on the
approved plans.
1. Utility Hookup. Every manufactured home shall be permanently connected to electric
power, water supply, sewage disposal, gas and telephone service lines in compliance with
applicable City codes, and all utility distribution and service lines shall be installed
underground.
2. Permanent Foundations and Anchoring. All manufactured homes shall be required to be
tied or otherwise physically anchored to an approved permanent concrete foundation.
Building permits for foundations and anchoring, issued through the City Building
Department in accordance with the adopted International Building Code, are required.
The method of anchoring and foundations shall be specified as part of the required
preliminary development review.
3. Maintenance.
a. There shall be no exposed outdoor storage of furniture (except lawn furniture),
household goods, tools, equipment, or building materials or supplies.
b. No manufactured home may be parked on a public or private street for more
than twenty-four hours.
c. An abandoned, burned or wrecked manufactured home must be secured against
entry as directed by the Fire Marshall and may not be kept on a lot for more than
forty-five days.
d. Each manufactured home must bear an insignia which attests that the
construction of the manufactured home meets regulation A 119.1 of the
American National Standards Institute (adopted by the U.S. Department of
Housing and Urban Development), or be certified as meeting the Mobile Home
Construction and Safety Standards of the U.S. Department of Housing and
Urban Development.
e. Within twenty-one days of placement, standard manufactured home skirting of
fire-resistive material similar in character to that of the manufactured home must
be provided around the entire perimeter of the manufactured home between the
bottom of the body of the manufactured home and the ground, except where the
running gear has been removed and the manufactured home itself is attached
directly to the permanent foundation.
f. All required front yards of lots for rent or lease for manufactured homes shall be
fully landscaped.
g. All private, commonly owned recreation areas not devoted to buildings,
structures, surfaced courts, sand boxes, etc. shall be landscaped and irrigated.
4. Manufactured home lots for rent or lease shall be arranged to permit the practical
placement and removal of manufactured homes. Every lot for rent or lease must front
on a public or private street.
C. Permits and Inspections.
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1. Owner’s and Agent’s Responsibility. It shall be the responsibility of the individual
property owners or, in the case of a rental community, the managers ofthe rental
community to see that all sections of this article are complied with, including
requirements relative to placement of manufactured homes, and all required permits.
2. Move In Permit Required. All manufactured homes moved into the City must be issued
a move-in permit, pursuant to this section, and be inspected by the City Building
Official, prior to gas and electric service being turned on by the servicing utility. A copy
of the original sales contract shall be available for permit informational purposes.
3. City Inspection Required.
a. The required inspections for manufactured homes shall include: onsite utilities
requirements including gas, electric, sewer and water; setback requirements; and
off-street parking requirements. Fees for these have been established by the City
Commission by resolution.
b. It is unlawful for any person, firm, corporation or agency to turn on, or allow to
be turned on, any gas or electric service without an inspection and clearance
from the City Building Official.
4. Non-Manufactured Home Improvements Subject to the International Building Code.
Permits must be obtained for additions, alterations, canopies, carports, storage areas and
detached refrigeration units that were not included in the original sale of the
manufactured home unit, fees for which are set by the International Building Code and
Uniform Mechanical Code.
D. Plans. The preliminary and final plans shall accurately depict:
1. All proposed and required landscaping;
2. Locations of storage areas for recreational vehicles and other chattels of the residents;
3. A layout of typical lots for rent or lease showing the location and dimensions of the lot,
manufactured home stand, driveway and parking spaces;
4. Mail delivery area; and
5. Foundation and anchoring details.
E. A permanent enclosure for temporary storage of garbage, refuse and other waste material shall
be provided for every manufactured home space. If trash dumpsters are to be used, they shall be
centrally and conveniently located, shall not be located in any front yard, and shall otherwise
comply with the requirements of this title.
F. Landscaping may be required by the City Commission to provide a buffer between
manufactured home communities and adjacent uses, and to enhance the appearance of the
development. The landscaping may be interspersed with a fence or wall. Specific perimeter
landscape/buffering treatments shall be determined on a case-by case basis, with the City
considering appropriate factors such as the nature of adjacent uses, noise and proximity to busy
streets.
G. Recreation Areas. At a minimum, the amount of land required to be dedicated under §18.50.020,
BMC, shall be reserved as park or recreation area. Recreation areas may include space for
community recreation buildings and facilities.
1. Public access through the recreation area may be required, through the provision of a
written public access easement, if it is determined by the City commission that public
access is necessary to ensure public access through the private recreational area from
adjoining properties to nearby or adjacent public parks.
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H. Accessory Buildings. Accessory buildings for individual dwellings are subject to §18.38.050,
BMC.
18.40.130 MANUFACTURED HOMES ON INDIVIDUAL LOTS
A. Intent. It is the intent of this section to allow manufactured homes, as defined in Chapter 18.80,
BMC, in specified zoning districts in which similar single-household dwellings constructed on
the site are permitted subject to requirements and procedures set forth herein to assure
acceptable similarity in exterior appearances between such manufactured homes and dwellings
that have been or might be constructed under these and other regulations on adjacent lots in the
same district or area. It is the intent of this section to permit only those manufactured homes
certified as meeting the Mobile Home Construction and Safety Standards of the U.S.
Department of Housing and Urban Development.
B. Application, Material to be Supplied. One copy of the application for the proposed
manufactured home on the individual building lot shall be submitted to the Building
Department in conjunction with the application for a building permit for the building
foundation. The application shall include all information as deemed necessary by the Planning
Director to make determinations as to conformity with subsection C of this section, and it shall
include a minimum of color photographs of all sides of the manufactured home, of the nearest
existing residences or other grounds or buildings on each side of the proposed site, and of
existing residences or grounds fronting upon the same street as the proposed site and opposite
thereto, and also including those within 150 feet of each corner of the proposed site. As a
minimum requirement, it shall also include a description of siding and roofing material in
sufficient detail as to make possible determination as to its appearance and durability.
C. Standards for Determination of Acceptable Similarity in Exterior Appearance and Construction.
The following standards shall be used in determinations of acceptable similarity in appearance
and construction between manufactured homes with permanent foundations and residences
constructed near the site to assure that such manufactured homes will be compatible in
appearance with site built housing that has been or may be constructed in adjacent or nearby
locations.
1. No manufactured homes shall have fenestration or other features that will be
incompatible in the residential neighborhood.
2. The roof shall have sloping lines with eaves, such as gable, mansard and shed style roofs
or shall be compatible with conventionally built homes in the surrounding areas. The
pitch of the main roof shall not be less than 1 foot of rise for each 4 feet of horizontal
run. Minimum distance from eaves to ridge shall be 10 feet.
3. The roofing material shall be shake, tile, composition shingle, or other materials
commonly found on conventionally built homes in the surrounding areas.
4. The exterior covering material shall be similar or closely compatible to that found on
conventionally built residential structures in the surrounding area. Reflection from such
exterior shall not be greater than from siding coated with clean, white, gloss, exterior
enamel.
5. The exterior covering material shall extend below the top of the foundation.
6. A solid concrete or masonry perimeter foundation shall be used.
7. The exterior covering and roofing materials of the garage(s), carport(s) and accessory
buildings shall be compatible with the materials on the manufactured home.
8. The finished floor shall be a maximum of 24 inches above the exterior finished grade of
the lot, or similar to the conventionally built homes in the surrounding area.
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9. The manufactured home shall be located on the lot so that the home presents a primary
entrance to the principal street frontage. Such primary entrance may be established by
the presence of porches, overhanging gables, and similar architectural features consistent
with the character of site built homes in the near vicinity.
10. Manufactured homes on permanent 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 offstreet
parking.
11. Manufactured homes located within the Neighborhood Conservation Overlay District
shall be subject to review for a certificate of appropriateness under the same standards
for architectural compatibility as other homes.
12. Manufactured homes shall be approved for location on individual building lots only if
they have been certified as meeting the Mobile Home Construction and Safety Standards
of the U.S. Department of Housing and Urban Development.
D. Actions by Planning Director. Upon receipt of an application as required by subsection B of this
section, the Planning Director shall make a decision to approve or disapprove of the application
within fifteen working days, or he may make referral to the City Commission. Referrals to the
City Commission shall be placed on the agenda for its regular meeting. Within five working days
after receipt of recommendations from the City Commission, the Planning Director shall make a
determination as to conformity with subsection C of this section, notifying the applicants of
approval or disapproval. In the case of disapproval, the reasons therefore shall be stated in
writing.
18.40.140 MINI WAREHOUSES
A. Minimum site size shall be one acre.
B. On-Site Circulation, Drives and Parking.
1. Each mini warehouse site shall provide a minimum of 2 exits;
2. All one-way driveways shall provide for one 10-foot parking lane and one 12-foot travel
lane. Traffic direction and parking shall be designated by signing or painting;
3. All two-way driveways shall provide for one 10-foot parking lane and two 10-foot travel
lanes; and
4. The parking lanes may be eliminated when the driveway does not serve storage cubicles.
18.40.150 OUTDOOR SALES AND DISPLAY
A. Merchandise which is offered for direct sale, rental or lease to the ultimate consumer or user
may be displayed beyond the confines of a building in any commercial district, but the area
occupied by such outdoor display shall not constitute a greater number of square feet than 10
percent of the ground floor area of the building housing the principal use, unless such
merchandise is a type customarily displayed outdoors such as automobiles and garden supplies.
In such cases, the maximum area for outdoor sales and display shall not exceed 50 percent of the
total lot area.
B. Outdoor sales and display areas shall not be located in any required yard and is also subject to
§18.42.160, BMC.
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18.40.160 PORTABLE CARRY - OUT FOOD AND BEVERAGE BUILDINGS
A. A $10,000 site bond must be secured on the property. In addition, evidence of liability
insurance, with coverage of $1,000,000 per occurrence, shall be furnished by the owner.
B. Electrical service must be installed underground, in compliance with all electrical service codes,
subject to approval by the Building Department.
C. Structures shall not exceed 80 square feet in size. All structures must be on an improved asphalt
or concrete surface, be anchored to resist accidental movement, be placed upon approved
footings and have a fully electrically bonded frame. No structure shall have an axle. Enclosed
trailers must remove the axle, be secured to resist accidental movement, with all related supports
cosmetically covered with an approved material.
D. Not more than one portable structure may be placed on a zone lot (individual property or
contiguous properties held in common ownership). Portable structures shall be placed in a
manner so as not to interfere with normal vehicle and pedestrian circulation patterns or required
emergency access. Nor shall such structures be placed in a manner that eliminates or interferes
with the use of required parking spaces.
E. Requests for special temporary use permits shall be subject to review and must be approved by
the appropriate City department representatives, including but not limited to City Engineer, Fire
Marshal, City Building Official and Planning Director. Permit coordination and final issuance
shall be by the Planning Director. A Special Temporary Use Permit for Portable Carry-Out
Food and Beverage buildings shall be valid for a period of one year, and may be renewed
annually thereafter only if all regulations and requirements are strictly complied with on a
continuing basis.
F. Operations shall be subject to all licensing requirements of the Gallatin City-County Health
Board. Documentation of such licensing, including a copy of plans for water supply and
disposal, shall be provided to the planning director prior to permitting.
G. The City of Bozeman reserves the right to revoke or terminate this permit at any time by giving
30 days written notice of such revocation or termination, except that the City may, at its election,
revoke or terminate the permit at any time without giving any notice if the owner fails to comply
with or abide by each and all of the terms and conditions of the permit.
H. Portable food and beverage buildings as described herein shall not be subject to certificate of
appropriateness requirements for the neighborhood conservation and entryway corridors overlay
districts.
18.40.170 RECREATIONAL VEHICLE PARK AND OVERNIGHT CAMPGROUND
Recreational vehicle parks and overnight campgrounds are included in the state classification of land
subdivisions by rent or lease. Therefore, applicants for such developments shall apply for and be
reviewed under both site plan and subdivision procedures.
A. Recreational vehicle parks shall be screened from view of any adjacent residential development.
B. Internal circulation roads shall be paved with a concrete or asphaltic concrete surface.
C. Individual recreational vehicle parking pads shall be plainly marked and maintained with a dust
free surface.
D. Individual recreational vehicle parking pads shall be set back at least 30 feet from the perimeter
of the park and 30 feet from any public street right-of-way.
E. Approved trash disposal, bathroom and laundry facilities, including facilities for the
handicapped, shall be provided for use of overnight campers.
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F. Recreational vehicles spaces shall be separated by no less than 15 feet and shall be no less than
1,500 square feet in area.
G. Land proposed for use for a recreational vehicle park must have a R-S, Residential Suburban
District or a RMH, Residential Manufactured Home Community District zoning designation.
Recreational vehicle parks are a principal use in the RMH district and a conditional use in the R-
S district.
18.40.180 LARGE SCALE RETAIL, SIZE LIMITATIONS AND DESIGN AND SITE
DEVELOPMENT GUIDELINES AND REQUIREMENTS
A. Purpose.
1. The purpose of this section is to establish general development standards for large scale
retail developments. These standards are intended and designed to assure compatibility
of uses; to prevent urban blight, deterioration and decay; and to enhance the health,
safety and general welfare of the residents living within the City of Bozeman.
2. These standards are also intended to be used as guidelines for evaluating and assessing
the quality and design of proposed large scale retail developments. The particulars of any
large scale retail developments will be evaluated against their respective standards
contained in this chapter. It is expected that the quality and design of the large scale retail
developments, while not necessarily complying with the exact standards of this chapter,
will meet or exceed the intent behind these standards.
3. Applicability. All uses listed in this chapter shall be subject to the specific standards
described for each use, in addition to all other applicable standards which may apply.
B. Limitations on Size of Retail Stores.
1. No retail building, utilized by a single tenant, shall exceed 75,000 square feet.
2. Retail development consisting of one or more single tenant building(s) greater than
40,000 square feet may offer for direct sale to the public merchandise, which is displayed
outdoors, but the area occupied by such outdoor sales and storage, exclusive of
warehouses, shall not exceed 25 percent of the total square footage of the retail
building(s) and shall also comply with §18.40.150, BMC.
3. Notwithstanding §18.40.180.B.1 and §18.40.180.B.2, BMC, when an otherwise lawful
retail building, in excess of 75,000 square feet, exists as of March 21, 2003, such building
shall be considered a development nonconformity. Said building may be continued,
structurally altered, repaired or reconstructed so long as it is not increased, extended or
enlarged beyond the gross floor area of the building that existed on March 21, 2003. To
the extent practicable, the design and site development guidelines of this section shall be
applied to any alteration, reconstruction or repair that takes place after March 21, 2003.
4. The following principal uses are exempt, as they pertain to outdoor sales and storage:
a. Recreation vehicle sales and auto sales;
b. Agricultural implement sales; i.e., tractors, cultivators, balers, etc.; and
c. Plant nursery.
C. Design and Site Development Guidelines for Certain Retail Developments.
1. Retail development consisting of a single tenant building greater than 40,000 square feet
shall be subject to the design and site development criteria and development standards
contained in subsection 5 and 6 below. These guidelines shall be applied as part of the
review and approval process for use permits and detailed applications. For
developments in the entryway corridor, which are also subject to the design guidelines in
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Chapter 18.30, BMC, if there is any conflict between the guidelines, the more restrictive
guideline shall apply. The guidelines in this section shall not be applied to any
development or portion of a development that is covered by an approved use permit as
of March 21, 2003, unless modifications to the use permit are proposed by the applicant.
2. Intent and Purpose. All new construction of retail buildings described in subsection A
above will be subject to design review. It is the intent and purpose of this section to
ensure the quality of retail development will enhance the impression and enjoyment of
the community both by guiding development and change that occurs after the adoption
of the ordinance codified in this section, and by stimulating and assisting, in conjunction
with other provisions of this title, improvements in signage, landscaping, access and
other contributing elements of retail development appearance and function. It is further
the intent of this section to establish design criteria, standards and review procedures
that will allow the City and its advisory boards and agencies to review and direct, in a fair
and equitable manner, the development and redevelopment of future and existing
properties and facilities governed by this section. The recommendations of the Design
Review Board or administrative design review staff shall be given careful consideration
in the final action of any agency, board or commission involved in decisions involving
retail developments governed by this chapter.
3. The Design Review Board and administrative design review staff shall have the powers
and duties provided by this title in considering applications subject to this chapter.
4. Certificate of Appropriateness. A certificate of appropriateness, received from the City
Commission, with a recommendation by the Design Review Board, shall be required as a
condition of site plan approval for any development governed by this section.
Application, review and public notice procedures for proposals governed by this section
are set forth in Chapter 18.76, BMC, Noticing, and Chapter 18.34, BMC, Review
Procedures for Site Development. A denial of a certificate shall be accompanied by a
written statement of reasons for the denial.
5. Design Criteria and Development Standards. In addition to all other applicable review
procedures and design criteria, all development governed by this section shall exceed
design criteria and development standards contained in Chapter 18.30, BMC, Entryway
Overlay District, including the general design objectives and guidelines contained in the
adopted or updated Design Objectives Plan, regardless of location or zoning district.
Said design criteria and development standards shall be exceeded through design
practices such as additional architectural detailing, exceptional landscape design,
improved public spaces, use of renewable energy and/or recycled construction materials,
and provisions for alternative modes of transportation. The City Commission shall
determine whether established design criteria and development standards have been
exceeded based on a recommendation from the Design Review Board.
6. Adaptability for Reuse/Compartmentalization. The building design shall include specific
elements for adaptation for multi-tenant reuse. Such elements may include but are not
limited to compartmentalized construction, including plumbing, electrical service,
heating, ventilation and air conditioning. The building design shall also allow for:
a. The interior subdivision of the structure into separate tenancies;
b. Facades that readily adapt to multiple entrances and adapt to entrances on all but
one side of the building;
c. Parking lot schemes that are shared by establishments or are linked by safe and
functional pedestrian connections;
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d. Landscaping schemes that complement the multiple entrance design; and
e. Other elements of design which facilitate the multi-tenant reuse of the building
and site.
7. Appeals. Appeals may be taken as provided for in Chapter 18.66, BMC.
D. Additional Criteria and Site Development Guidelines for Certain Retail Developments.
1. Applications for large scale retail development shall include a renewal plan that will
afford maximum opportunity, consistent with the sound needs of the municipality as a
whole, for the rehabilitation or redevelopment of the structure in the event of closure or
relocation by the original occupant. Such plan will be approved if the City Commission
finds that:
a. The plan conforms to the City’s growth policy and the requirements of this title
or parts thereof for the municipality as a whole;
b. A sound and adequate plan exists for said redevelopment;
c. The plan affords maximum opportunity for rehabilitation or redevelopment of
the structure by both private enterprise and the City; and
d. The renewal plan provides a maintenance plan for normal repairs and upkeep of
property, including but not limited to building, parking lot and surfacing,
landscaping, signage and elimination of legible impressions, images, or remnants
of signs remaining on a building or sign surface after the use for which the sign
was permitted ceases to operate.
2. The City may enter into a development agreement with the owner of the real property
and undertake activities, including the acquisition, removal or demolition of structures,
improvements or personal property located on the real property, to prepare the property
for redevelopment. A development agreement entered into in accordance with this
section must contain provisions obligating the owner to redevelop the real property for a
specified use consistent with the provisions of this title and offering recourse to the City
if the redevelopment is not completed as determined by the City.
E. Review. The provisions of this section shall be reviewed by the Commission in five years and
updated as needed.
18.40.190 STABLE, COMMERCIAL
A. The minimum property size shall be ten acres.
B. Structures or facilities used for stabling, storing, showing or training of animals shall be set back
a minimum of 100 feet from any adjacent privately owned property. Dwelling units, accessory
structures incidental to dwelling units and irrigated pasturage may occur within the 100-foot
setback area subject to the setback requirements of the applicable zoning district.
C. There shall be at least a 20-foot yard adjacent to any street.
D. There shall be no shows or other activities which would generate more traffic than is normal to a
residential area, unless the proposed site has direct access from an arterial street as set forth in
the Bozeman growth policy. Permission for such shows and activities shall be obtained from the
City. Notification shall be provided in a letter that explains the nature and duration of the
activity, and accommodations for spectators, traffic control and additional parking for cars and
trailers. This letter shall be submitted to the Planning Director at least one month prior to the
date of the show or activity.
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E. All pasture and animal storage areas shall be enclosed with fences or walls of a minimum of 4
feet, 6 inches in height. The design of these enclosures shall be shown on drawings submitted
with the conditional use permit application.
F. All laws applicable to the public health and appropriate care of animals must be complied with
for the entire period of operation of the stable.
G. All activity and pasture areas that are not grassed shall be treated for dust control as approved by
the Planning Director.
H. Adequate parking for daily activities shall be shown on the site plan and improved to City
parking standards. Additional parking, improved as determined by the Planning Director, shall
be provided for shows or other special events.
18.40.200 TENNIS AND RACQUET CLUB
A. The use will be compatible with any adjacent neighborhood and will not be detrimental to the
same due to:
1. Increased automobile traffic;
2. Noise generated from within the site.
B. Perimeter fencing of the site may be required, fencing of outdoor courts shall not exceed 16 feet
in height, and fencing may be required to be opaque by the Planning Director or City
Commission.
C. When the club is located within a residential zoning district, there shall be no shows,
tournaments or other activity which would generate more traffic than is normal to a residential
area, unless access is provided from an arterial street as set forth in the Bozeman growth policy.
If access is not provided from an arterial street, permission for such shows and activities shall be
obtained from the City Commission. Permission shall be requested in a letter with a site sketch
that explains the nature and duration of the activity and accommodations for spectators,
additional parking and traffic control. This letter shall be submitted to the Clerk of the
Commission for City Commission consideration.
D. There shall be a landscaped 50-foot buffer strip adjacent to any residential zoning district, or as
otherwise determined by the ADR or DRB.
E. Hours of operation may be controlled by the City Commission.
18.40.210 COMMUNITY CENTER
A. There shall be public street access on to an arterial or collector standard street within one block
of the community center site.
B. There shall be a 20 foot landscaped yard adjacent to any residential property.
C. Each community center site shall provide a minimum of 2 ingress/egress points which comply
with Section 18.44.090.
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CHAPTER 18.42
DEVELOPMENT STANDARDS
18.42.010 GENERAL STANDARDS
A. Conformance. The design and development of all land uses shall conform to this title, adopted
growth policies, any relevant adopted neighborhood or subarea plan, and other resolutions and
regulations, including any and all amendments thereto.
B. Natural Environment. The design and development of all land uses shall be properly related to
topography, and should, to the extent possible, preserve the natural terrain, natural drainage,
existing topsoil, trees and other existing vegetation.
C. Lands Unsuitable for Development. Land which the Planning Director or City Commission has
found to be unsuitable for development because of potential hazards such as flooding, land
slides, excessive slope, rock falls, subsidence, high water table, presence of wetlands; or because
of unreasonable burdens on the general public such as requirements for the excessive
expenditure of public funds, environmental degradation, or congestion in the streets or roads
shall not be used for building or residential purposes unless the hazards or excessive public
burdens are eliminated or will be overcome by appropriate design and construction plans.
Slopes of 25 percent or greater shall be presumed unbuildable unless proved otherwise by the
developer.
18.42.020 NEIGHBORHOOD CENTERS
To provide a neighborhood focal point, all residential subdivisions or planned unit developments, that
are 10 net acres in size or greater, shall have a neighborhood center. Developments may be exempted
from this requirement if every lot within the development is within one-half mile of an existing
neighborhood center. Generally, the center shall be no less than one acre in size. The center shall be
comprised of a park, square, green, plaza, transit stop, neighborhood commercial center, civic use or any
combination of these. The following requirements shall apply to all neighborhood centers:
A. The geographic center point of the neighborhood center shall be no further than 600 feet from
the geographic center point of the development. This requirement may be waived in the
following circumstances:
1. The development would create parcels that are all nonresidential;
2. The center is a neighborhood commercial center or is adjacent to a neighborhood
commercial center;
3. The site is constrained by the presence of critical lands;
4. The site is part of an approved subarea plan that shows the center in a different location;
or
5. The topography of the site presents physical constraints on the property.
B. With the exception of civic and neighborhood commercial center uses, the developer shall be
responsible for installing all center-related improvements as part of the required development
improvements. Improvements shall be installed with each phase when a multi-phase project is
developed. Required improvements shall be based on the definition of each feature found in
Chapter 18.80, BMC, and/or City standards.
C. The neighborhood center shall have frontage along 100 percent of its perimeter on public or
private streets or roads. The City may consider and approve the installation of streets along
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less than 100 percent, but not less than 50 percent, of the perimeter in accordance with
Section 18.50.060.
D With the exception of civic and neighborhood commercial center buildings and grounds, the
center shall be considered a common area to be owned and maintained by the property owners
or a property owners association. The property owners association could establish an
improvement district to collect assessments to pay for the maintenance.
E. Areas within neighborhood centers used for park, square, green and/or square, that meet the
following criteria, may count towards park land dedication requirements subject to review and
approval by the City Commission, after receiving a recommendation from the Bozeman
Recreation and Parks Advisory Board:
1. The area is predominantly open space with enhanced natural features, but may contain
amenities such as sidewalks, seating, drinking and ornamental fountains and public art;
and
2. The area provides active and/or passive recreation opportunities.
F. The neighborhood center may be used for limited stormwater retention/detention facilities if
reviewed and approved by the City Engineer. However, any part of the center used for
stormwater management shall not count towards park dedication requirements.
18.42.030 LOT
A. Dimensions and Orientation. Lot size, width, shape and orientation shall be appropriate for the
location and contemplated use of the development. In residential developments, a variety of lot
sizes shall be provided to facilitate housing diversity and choice, and to meet the projected
requirements of people with different housing needs. Lot designs with irregular shapes, narrow
necks, points and flag shapes shall be permitted only when the developer can demonstrate that
the proposed lot designs are necessary due to topography or other physical constraints. Each lot
shall contain a satisfactory building site adequate for the uses permitted in its zoning district.
Each lot shall conform to this title, any growth policies, any relevant neighborhood or subarea
plan, where officially adopted, and to any applicable regulations of the Montana Department of
Environmental Quality.
B. Division by Rights-of-Way. No single lot shall be divided by a public street, alley, or public or
private utility right-of-way or easement, which would reduce the amount of buildable land to less
than the minimum lot size required by this title for the applicable zoning district
C. Double/Through and Reverse Frontage. Double/through frontage and reverse frontage lots
shall be avoided except where essential to provide separation of residential development from
arterial streets; to provide access to development adjacent to limited access streets; to overcome
topography or other physical conditions; or to overcome specific disadvantages of existing
design and orientation. Lots fronting on a street and an alley shall not be considered
double/through or reverse frontage lots.
D. Corner Lots. Corner lots shall have sufficient width to permit appropriate building setbacks
from both streets and provide acceptable visibility for traffic safety.
1. Generally, homes on corner lots shall have the same orientation as homes on lots on the
interior of the block, unless otherwise approved through an overall development plan.
Covenants shall contain information regarding the orientation for all corner lots.
E. Width. Lots shall have a width sufficient to allow normal construction without the construction
encroaching on property lines, and shall comply with the building setback requirements of this
title.
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F. Depth. Except for individual lots for individual townhomes, and for modular lots as allowed by
subsection 18.42.030.K of this chapter, no lot shall have an average depth greater than three
times its average width.
G. Side Lot Lines. Side lot lines shall be at substantially right angles to street or road lines and
radial to curved street or road lines.
I. Frontage. Unless otherwise allowed by this title, all lots will have frontage in compliance with
§18.44.090.B, BMC to provide, among other things, adequate room for snow removal, lot access
and utility easements.
J. Civic Uses. If lots are reserved or identified for civic uses, these lots must be prominent sites at
the termination of street vistas, or in the neighborhood center.
K. Modular Lotting. To promote the development of diverse residential and commercial land uses,
and to provide consumer choice and flexibility, a modular lotting system may be used when
subdividing land. If a modular lotting system is used, the following requirements apply:
1. Lots shall generally be 25 feet in width;
2. Lots shall be no less than 125 feet and no more than 175 feet length; and
3. A water and sewer service shall be provided to every other lot, unless attached
townhomes on individual lots are constructed, then a water and sewer services shall be
provided for every lot.
4. Modular lots created under the provisions of this chapter shall remain in an ownership
so that they comply with required zoning standards for area, width, etc. as required by
§18.60.030, BMC.
L. Exceptions. Commonly owned lots used for accessory uses (i.e., stormwater management, open
space, utilities) are exempt from the provisions of this section.
18.42.040 BLOCKS
A. Size and Orientation. Blocks shall be designed to assure a high level of multimodal connectivity,
traffic safety, and ease of traffic control and circulation; to accommodate the special needs of the
use contemplated; and to take advantage of the limitations and opportunities of the topography.
B. Block Length. Block length shall not be designed, unless otherwise impractical, to be more than
400 feet in length or less than 300 feet in length. Block lengths can be longer than 400 feet if
necessary due to topography, the presence of critical lands, access control, or adjacency to
existing parks or open space. In no case shall a block exceed 1,320 feet in length.
C. Block Width. Blocks shall not be less than 200 feet or more than 400 feet in width, except
where essential to provide separation of residential development from a traffic arterial or to
overcome specific disadvantages of topography and orientation.
D. Rights-Of-Way for Pedestrians. Rights-of-way for pedestrian walks, not less than 10 feet wide,
shall be required where deemed necessary to provide circulation or access to parks, open space,
schools, playgrounds, shopping centers, transportation, and other community facilities. In
addition, no continuous length of block shall exceed 600 feet without intersecting a street or
pedestrian walk. Pedestrian walks shall also be installed at the end of cul-de-sacs where deemed
appropriate.
1. Yards adjacent to pedestrian rights-of-way less than 30 feet wide shall be treated as
corner side yards. Yards adjacent to pedestrian rights-of-way 30 feet wide or greater shall
be treated as side yards;
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2. The pedestrian walks shall be maintained by the adjacent property owner(s) or by the
property owners association. The party responsible for maintenance of pedestrian walks
shall be identified in the preliminary plat application; and
3. Pedestrian walks shall be constructed as a City standard sidewalk, and the provisions of
§18.44.080, BMC shall apply.
E. Developments which have clearly delineated blocks shall use block numbers or letters, and each
block shall contain its own grouping of lot numbers.
18.42.050 UTILITIES
A. Utilities shall be placed underground, wherever technically and economically feasible.
Underground utilities, if placed in a street right-of-way, shall be installed after the street has been
brought to grade and before it is surfaced.
B. If overhead utility lines are used, they shall be located at the rear property line.
C. Utility facilities shall be designed by utility firms in cooperation with the developer. The facilities
are subject to all applicable laws, rules and regulations of the appropriate regulatory authorities.
D. The developer shall provide adequate and appropriate utility easements in compliance with
§18.42.060 of this chapter.
18.42.060 EASEMENTS
A. Required Easements. Where determined to be necessary, public and/or private easements shall
be provided for private and public utilities, drainage, vehicular or pedestrian access, etc.
1. In subdivisions, all easements shall be described, dimensioned and shown on the final
plat in their true and correct location.
2. In all other developments, the proper easements documents shall be prepared for review
and approval by the City of Bozeman, and filed at the County Clerk and Recorder’s
Office. The easement documents shall be accompanied by an exhibit indicating the
dimensions, and true and correct location, of all easements.
3. No lot shall be encumbered by a public or private utility easement in a way that would
decrease the amount of buildable land to less than the area required by this title for the
applicable zoning district.
B. Private Utility Easements. Private utilities include, but are not limited to, natural gas, electricity,
telephone, cable and fiber optic lines. The developer shall provide private utility easements
necessary to extend private utilities to the development, and to provide for the construction and
maintenance of private utilities within the development.
1. General.
a. Building setbacks shall be coordinated with all provided utility easements. If a
utility easement will be greater than the building setback required by this title, a
note to that effect shall be placed on the final plat and/or final site plan as
appropriate.
b. Where a utility easement is to be located in an existing, dedicated right-of-way, an
encroachment permit must be obtained from the local or state street or road
department having jurisdiction.
c. If placed in a City right-of-way, easements shall be in a location required by and
agreed upon in writing by all of the appropriate utility companies and the City
Commission.
2. Easement Size.
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a. Front Yard Utility Easements. Front yard utility easements shall be 10 feet wide,
and shall always be provided unless written confirmation is submitted to the
Planning Department from ALL utility companies providing service indicating
that front yard easements are not needed.
b. Rear Yard Utility Easements. The provision of rear yard utility easements is not
mandatory unless they are required by any or all of the utility companies to
adequately serve the development. If provided, rear yard utility easements on
each lot shall be 6 feet wide if adjacent to a public alley and 10 feet if not
adjacent to a public alley.
c. Side Yard Utility Easements. The provision of side yard utility easements is not
mandatory unless they are required by any or all of the utility companies to
adequately serve the development. If provided, the width of the side yard utility
easement shall be determined on a case-by-case basis based on the needs of the
utility companies.
3. Private Utility Plans.
a. When the concurrent construction option will be used, based on the provisions
of §18.74.030.D, BMC of this title, private utility plans shall be included with the
preliminary PUD submittal.
b. Private utility plans shall be provided with any plans and specifications submittals
for the construction of new water, sewer or street infrastructure as specified in
the City’s Design Standards and Specifications Policy.
4. No building shall be constructed that encroaches on a private utility easement unless
written approval from ALL utility companies is provided to the Planning Department.
C. Public Utility Easements. Public utilities include water, sewer and stormwater facilities that are
dedicated to and maintained by the City of Bozeman.
1. A public utility easement shall be granted for all public utility mains not located within
public street right-of-way. An easement shall be at least 30 feet wide for either one or
two utility mains. An additional 10 feet of width is required for each additional main
that occupies the easement. Wider easements may be required at the discretion of the
City of Bozeman for large utility lines.
2. Public utility easements shall be provided for all meter pits and fire hydrants maintained
by the City of Bozeman.
3. No permanent structures shall be placed within public utility easements unless an
encroachment permit has been obtained from the City of Bozeman.
D. Easements for Agricultural Water User Facilities.
1. Except as noted in subsection 2 below, the developer shall establish appropriate
irrigation facility easements that:
a. Are in locations of appropriate topographic characteristics and sufficient width
to allow the physical placement and unobstructed maintenance of active open
ditches or below ground pipelines. The easement shall facilitate the delivery of
water for irrigation to persons and lands legally entitled to the water under an
appropriated water right or permit of an irrigation district or other private or
public entity formed to provide for the use of the water right;
(1) The easements shall ensure the conveyance of irrigation water through
the land to be developed to lands adjacent to or beyond the
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development’s boundaries in quantities and in a manner that are
consistent with historic and legal rights; and
(2) A minimum easement width of 10 feet is required on each side of
irrigation canals and ditches.
b. Are a sufficient distance from the centerline of the irrigation facility to allow for
construction, repair, maintenance and inspection of the ditch or pipeline; and
c. Prohibit the placement of structures or the planting of vegetation other than
grass within the irrigation facility easement without the written permission of the
facility owner.
2. The developer need not establish irrigation facility easements as provided above if the
following provisions were met or will be met via the subdivision process:
a. The average lot size is one acre or less and the subdivider provides for disclosure,
in a manner acceptable to the City Commission, that adequately notifies potential
buyers of lots that are classified as irrigated land and may continue to be assessed
for irrigation water delivery even though the water may not be deliverable; or
b. The water rights are removed or the process has been initiated to remove the
water rights from the subdivided land. If the water rights have been or will be
removed from the land within the development it shall be denoted on the
preliminary plat. If removal of water rights is not complete upon filing of the
final plat, the subdivider shall provide written notification to prospective buyers
of the intent to remove the water right and shall document that intent, when
applicable, in agreements and legal documents for related sales transactions.
3 The realignment or relocation of active irrigation ditches or pipelines is discouraged. If
an irrigation facility or points of diversions thereon is proposed to be realigned or
relocated, the developer’s professional engineer shall certify, prior to final plat or final
plan approval, that the water entering and exiting the realigned or relocated irrigation
facility is the same quality and amount of water that entered or exited the facility prior to
realignment or relocation.
4. Stormwater from a development shall not be discharged to an irrigation facility.
5. As land is converted from agricultural to urban uses, and irrigation ditches are no longer
in use, the ditches shall be abandoned and filled.
E. Other Easements. Public access easements for streets and trails shall be provided in accordance
with the provisions of Chapters 18.44 and 18.50, BMC.
18.42.070 MUNICIPAL WATER, SANITARY SEWER AND STORM SEWER SYSTEMS
A. General. All municipal water supply, sanitary sewer and storm sewer system facilities shall
comply with the following requirements:
1. The developer shall install complete municipal water and sanitary sewer system facilities,
or a system allowed by §18.38.030.D, BMC, and may be required by the City to install
municipal storm sewer system facilities. These systems shall be installed in accordance
with the requirements of State Department of Environmental Quality and the City of
Bozeman, and shall conform with any applicable facilities plan. The City of Bozeman’s
requirements are contained in the Design Standards and Specifications Policy and the
City of Bozeman Modifications to Montana Public Works Standard Specifications, and
by this reference these standards are incorporated into and made a part of these
regulations. The developer shall submit plans and specifications for the proposed
facilities to the City, and to the State Department of Environmental Quality, and shall
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obtain their approvals prior to commencing construction of any municipal water,
sanitary sewer or storm sewer system facilities.
2. The cutting of any City street shall be done in compliance with the City’s street cut
policy.
3. When a proposed development adjoins undeveloped land, and municipal infrastructure
mains would reasonably pass through the new development to the undeveloped land,
municipal infrastructure mains shall be arranged to allow the suitable development of the
adjoining undeveloped land. Municipal infrastructure mains within the proposed
development shall be constructed to the boundary lines of the tract to be developed,
unless prevented by topography or other physical conditions, in which case a subdivision
variance must be approved by the City Commission.
B. Municipal Water Supply System - Additional Requirements. Municipal water supply system
facilities shall also apply with the following requirements:
1. When the City’s municipal water main is extended, the length of a dead end water main
typically shall not exceed 500 feet in length, unless approved in writing by the City
Engineer and the Water and Sewer Superintendent.
2. The length of service lines from the main to the structure may not exceed 150 feet in
length, unless approved in writing by the City Engineer and Water and Sewer
superintendent.
18.42.080 GRADING AND DRAINAGE
A. The developer shall install complete drainage facilities in accordance with the requirements of
State Department of Environmental Quality and the City of Bozeman, and shall conform with
any applicable facilities plan. The City of Bozeman’s requirements are contained in the Design
Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public
Works Standard Specifications, and by this reference these standards are incorporated into and
made a part of these regulations. The developer shall submit plans and specifications to the City
of Bozeman and to the State Department of Environmental Quality (if applicable), and shall
obtain their approvals prior to commencing construction of any drainage system facilities.
B. Provisions shall be made for the control and drainage of surface water around buildings.
Generally, all lots and street boulevard areas shall be graded no lower than the back of curb or
level of street, whichever is applicable, prior to final plat or final occupancy approval as
appropriate. Exceptions may be granted by the City Engineer when adequate drainage facilities
are provided. All drainage plans shall comply with the requirements of the International Building
Code and International Residential Code as adopted by the City, and by this reference these
standards are incorporated into and made a part of these regulations.
C. Drainage systems shall not discharge into any sanitary sewer facility or agricultural water user
facility.
D. Stormwater retention or detention ponds may be located within public park land, but such areas
shall not count towards the park land dedication requirement. Any stormwater ponds located
on park land shall be designed, constructed and/or added to so as to be conducive to the normal
use and maintenance of the park. Stormwater ponds shall not be located on private lots.
Stormwater retention or detention ponds shall be maintained by the property owners
association.
E. The City Commission may require the developer to establish easements or other perpetual
controls to prevent encroachment or disruption of drainageways or facilities.
F. Stormwater facilities shall generally not occupy more than one-third of a required front yard.
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G. All finish grades in landscaped areas shall comply with the provisions set forth in
§18.48.050.L, BMC.
H. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape
amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities
shall have 75 percent of surface area covered with live vegetation appropriate for the depth
and design of the retention/detention facility, and be lined with native grasses, indigenous
plants, wet root tolerant plant types and groupings of boulders to create a functional yet,
natural site feature. A cross section and landscape detail of each pond shall be submitted with
the final landscape plan for review and approval. Facilities with a slope up to and including
10% grade may be grassed and irrigated to blend into the adjacent landscaped area.
18.42.090 FIRE PROTECTION REQUIREMENTS
All developments shall be planned, designed, constructed and maintained so as to minimize risk of fire
and to permit the effective and efficient suppression of fires in order to protect persons and property.
A. The placement of structures shall minimize the potential for flame spread and permit adequate
access for fire fighting equipment; and
B. Adequate fire fighting facilities shall be provided, including an adequate and accessible water
supply and water distribution system.
1. National Fire Protection Association (NFPA) standards for hydrant systems shall be
met.
2. City of Bozeman’s requirements as contained in the Design Standards and Specifications
Policy and the City of Bozeman Modifications to Montana Public Works Standard
Specifications shall apply.
18.42.100 WATERCOURSE SETBACK
Where a development is crossed by or is adjacent to a watercourse, the developer shall mitigate the
impacts of the development on the watercourse. This mitigation may not be less restrictive than the
requirements of the Bozeman Floodplain Regulations or any other applicable regulation of this title.
The purpose of this mitigation is bank stabilization; sediment, nutrient and pollution removal; and flood
control.
A. Setback for Developments Granted Preliminary Plan or Plat Approval Prior to July 10, 2002.
These provisions shall apply to all developments granted preliminary plan or plat approval prior
to July 10, 2002, including applicable subdivision exemptions:
1. Setbacks. A minimum 100-foot setback shall be provided along both sides of the East
Gallatin River. A minimum 35 foot setback shall be provided along both sides of all
other watercourses.
a. A portion of the required setback, immediately adjacent to the ordinary high
water mark, shall be left in a natural vegetative state as follows:
(1) East Gallatin River – 50 feet
(2) Other Watercourses – 5 feet
b. No fence, residential or commercial structure, fill material, parking or other
similar improvements shall be located within required watercourse setbacks.
c. All watercourse setbacks shall be measured from the ordinary high water mark as
defined in §18.80.2160, BMC. When no ordinary high water mark is discernible,
setbacks shall be measured from the top of the streambank.
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B. Setbacks for Developments Granted Preliminary Plan or Plat Approval On or After July 10,
2002. These provisions shall apply to all developments granted preliminary plat or plan approval
on or after July 10, 2002.
1. In the event a site with an existing development, that is subject to §18.42.100.A, BMC, is
submitted to the City for a review subject to Chapters 18.34, 18.36 and 18.60, BMC after
July 10, 2002, the proposed development shall comply with §18.42.100.B, BMC to the
extent reasonably feasible given the existing site conditions. The final approval body for
the proposed development shall determine the extent that is reasonably feasible, subject
to any appeal provisions that may apply. Such administrative relief shall not reduce
setbacks below those provided for in Section A. It is the intent of this subsection that
full compliance with the terms of §18.42.100.B, BMC shall be achieved over time
without unduly burdening existing development.
2. In addition to any relaxation of watercourse setbacks provided by subsection
18.42.100.B.1 of this section, nothing in this section shall prohibit an owner of affected
property from:
a. Applying for a variance to dimensional standards of the watercourse setbacks as
allowed by and subject to the requirements of Chapter 18.66, BMC;
b. When applicable, seeking a deviation to dimensional standards of the
watercourse setback as allowed by and subject to the requirements of Chapters
18.28, 18.30 or 18.36, BMC;
c. Combining two or more lots to assemble a larger and more usable parcel;
d. Petitioning the Montana Department of Fish, Wildlife and Parks and the Gallatin
County Water Conservation District to seek the reclassification of the relevant
watercourse as an irrigation facility not subject to the requirements of this
section;
e. After receipt of required permits relocating the watercourse; or
f. Pursuing any other lawful means of relief from the effects of this section.
3. Setbacks. Unless otherwise specified in §18.42.100.B.5, BMC, the following setback
requirements shall be met:
a. East Gallatin River. A minimum 100-foot setback shall be provided along both
sides of the East Gallatin River.
b. Sourdough/Bozeman Creek and Bridger Creek. A minimum 75-foot setback
shall be provided along both sides of Sourdough/Bozeman and Bridger Creeks.
c. Other Watercourses. A minimum 50 foot setback shall be provided along both
sides of all other watercourses.
d. All required watercourse setbacks shall be extended as necessary to address these
additional requirements.
(1). The setback shall extend to the edge of any delineated 100-year
floodplain if the floodplain is larger than the setbacks established in
§18.42.100.B.3, BMC;
(2). The setback shall include immediately adjacent wetlands (i.e. fringe). The
buffer width shall be extended by the width of the wetland;
(3). Areas with a slope greater than 33% do not count towards the width of
the setback; and
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(4) The setback shall include connected wetlands. The buffer width shall be
extended by a minimum of 50 feet beyond the perimeter of the
connected wetlands.
e. All watercourse setbacks shall be measured from the ordinary high water mark as
defined in §18.80.2160, BMC. When no ordinary high water mark is discernible,
setbacks shall be measured from the top of the streambank.
4. No newly constructed residential or commercial structure, addition to an existing
structure, fence, deck, fill material (other than that required for exempt uses), parking lot
or other impervious surfaces, or other similar improvements shall be located within
required watercourse setbacks, unless approved through, and in conformance with, a
variance or deviation process as authorized in this title.
5. Exceptions. The watercourse setback is divided into two zones. Zone 1 consists of the
60 percent of the setback closest to the watercourse, and Zone 2 consists of the 40
percent of the setback furthest from the watercourse.
a. On-site stormwater treatment facilities may be located in Zone 2.
b. Trails and trail-related improvements may be placed within the required
watercourse setback subject to the following provisions:
(1) Trails, and trail-related improvements such as benches and trail signage,
may be placed in Zone 2;
(2) Limited, non-looping developed spur trails to the water’s edge may cross
all zones. Benches and limited informational/interpretive signage may be
placed in Zone 1 at the terminus of spur trails;
(3) Due to topography, avoidance of wetlands, or other geographical
constraints portions of non-spur trails may need to be placed within
Zone 1. Trail construction within Zone 1, inclusive of watercourse
crossings and spur trails, per each side of the watercourse may not exceed
the length of 300 percent of the width of the applicable watercourse
setback per 500 lineal feet of watercourse;
(4) All trails must be constructed to minimize bank instability, sedimentation,
nutrient and pollution runoff. Trails shall be aligned to minimize damage
to plant and wildlife habitat; and
(5) Trails crossing the watercourse and trail-related bridge structures may be
located within all zones provided that the appropriate local, state and
federal permits are obtained.
c. Streets, sidewalks, utility lines or similar public construction may be permitted
within all zones for the purpose of crossing a watercourse or protecting public
health and safety. The following practices shall be observed:
(1) Crossings shall be minimized to the greatest extent feasible;
(2) Crossings with direct angles (90 degrees) shall be used to the greatest
extent feasible instead of oblique crossing angles;
(3) Construction shall be capable of withstanding 100-year flood events;
(4) The subdivision grading and drainage plan shall be designed to prevent
the discharge of untreated stormwater into a watercourse; and
(5) A bank stabilization plan for all public construction watercourse
crossings shall be prepared and approved by the City prior to site
preparation and installation of the improvement(s).
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d. Outlets from stormwater treatment facilities may pass through all zones in order
to discharge to the receiving watercourse, provided that all required permits are
obtained.
e. Control of noxious weeds is required and activities required within limits
outlined in any approved noxious weed control plan may occur in all zones.
6. Setback Planting. A setback planting plan shall be prepared by a qualified landscape
professional, and shall be reviewed and approved by the Planning Department prior to
the commencement of development or site preparation. The plan shall include a
schedule, and plantings shall be depicted on the plan as follows:
a. Zone 1: Zone 1 shall be planted with new or existing native materials suited for a
riparian area based on the following calculations. One hundred percent of the
disturbed areas of Zone 1 shall be planted with a ground cover of native riparian
sedges, forbs and grasses suited for the area. In addition, a minimum of one
shrub for every 10 linear feet and one tree for every 30 linear feet of the
watercourse shall be required along each side of the watercourse. Grouping or
clumping of trees and shrubs as appropriate in a riparian area is encouraged.
Species that are appropriate to the soil hydrologic conditions (wetness of soil and
depth to the water table) should be used. Tree and shrub species selected shall be
suitable for the climate and for planting in a riparian area with an emphasis on
native species. The Natural Resources Conservation Service (NRCS), the
Montana Native Plant Society and the Gallatin Local Water Quality District
(LWQD) are good sources of landscaping materials and/or landscaping
information.
b. Zone 2: Distrubed areas of Zone 2 shall be planted with new or existing native
grasses suited for the area
c. Maintenance of the watercourse setback landscaping is required. If it can be
demonstrated that irrigation is present for the trees and shrubs, and fencing is
provided for the trees and shrubs, the number of required trees may be reduced
to one tree for every 60 linear feet and one shrub for every 20 linear feet of the
watercourse along each side of the watercourse.
d. Planting materials are exempt from the size requirements of §18.48.050.G.3 of
this title.
e. To prevent soil erosion and the invasion of noxious weeds, the watercourse
setbacks on all land proposed for development shall be covered with existing
vegetation or shall be seeded with native grasses as soon as seasonally feasible or
prior to commencement of any site development or site preparation work.
f. Native shall mean those plants which are native to the Gallatin Valley.
g. Use native grasses, forbs, sedges and other herbaceous plants in areas of
disturbance (e.g. bridges, culverts, utilities installation, trails) within the
watercourse setback. Native woody plantings are required in all zones in
disturbed and undisturbed areas.
87. Except for as otherwise allowed in §18.42.100.B.5 and 6, BMC, no disturbance of soils
and existing vegetation shall occur in all zones.
C. Other Provisions.
1. The watercourse setback shall be depicted on all preliminary and final plats and plans.
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2. These provisions do not apply to agricultural uses, including lands enrolled in the
conservation reserve program (CRP), activities, and structures that existed prior to the
effective date of these regulations. Any agricultural uses, activities or structures
established after the effective date of these regulations shall comply with these
regulations. An agricultural use, activity or structure shall be considered abandoned if
not used for agricultural purposes for more than 180 consecutive days.
18.42.110 RIDGELINES AND VIEWSHEDS
For the purpose of having structures blend more naturally into the landscape rather than being a
prominent focal point, ridgeline protection areas are established. These areas are defined in Chapter
18.80 and are identified and designated based on topographic characteristics. The Bozeman Ridgeline
Map identifies areas with a high likelihood of meeting the standards for ridgelines.
A. All buildings located within a ridgeline protection area shall be set back from the ridgeline a
distance not less than 3 times its height above grade. The distance of the setback shall be
measured perpendicular from the ridgeline.
1. Exception. In the event a building permit is sought for a lot approved or created prior
to the effective date of this ordinance, January 1, 2004, the proposed development shall
comply with this section to the extent reasonably feasible given the lot dimensions,
orientation, and other characteristics. The final approval body for the proposed
development shall determine the extent that is reasonably feasible and may relax the
special setback required by this section, subject to applicable appeal provisions. Such
administrative relief shall not reduce setbacks below those required elsewhere in this title.
18.42.120 MAIL DELIVERY
If mail delivery will not be to each individual lot within the development, the developer shall provide an
off-street area for mail delivery within the development in cooperation with the United States Postal
Service. It shall not be the responsibility of the City to maintain or plow any mail delivery area
constructed within a City right-of-way.
18.42.130 FENCES, WALLS AND HEDGES
A. Location and Height. Except as provided in §18.44.100, BMC, fences, walls and hedges, in any
district may be located on lot lines provided such fences, walls and hedges comply with the
following height requirements:
1. Do not exceed 6 feet in height in any required rear or required side yard. Fences
exceeding 6 feet in height shall be subject to the minimum yard requirements of the
district in which such fences are located. Decorative post caps may exceed the height
limit by no more than 1 additional foot. Fences in excess of 6 feet in height require a
building permit before installation may commence. Fences may not exceed 8 feet in
height.
2. Do not exceed 4 feet in height in any required front yard or any portion of a required
corner side yard that is forward of the rear edge of the building facade nearest the corner
side yard.
3. Fences used in an agricultural pursuit to retain stock animals or for public safety shall be
excepted.
4. The height of fences located in the B-3 district shall meet the requirements of this
section for any provided, not required, yards.
B. Relation to Linear Parks. Fences located in the rear or side yard setback of properties adjoining
any Bozeman linear park shall have a maximum height of 4 feet.
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C. Construction and Maintenance. Every fence or wall shall be constructed in a substantial,
workman-like manner and of substantial material reasonably suited for the purpose for which
the fence or wall is proposed to be used. Every fence or wall shall be maintained in a condition
of reasonable repair and shall not be allowed to become and remain in a condition of disrepair,
damage or unsightliness, or constitute a nuisance, public or private. Any such fence or wall
which is, or has become, dangerous to the public safety, health or welfare, or has become
unsightly through improper maintenance or neglect is a public nuisance and the Building Official
shall commence proper proceedings for the abatement thereof.
D. Barbed Wire and Electric Fences.
1. No barbed wire or similar sharp fencing or electric fences shall be permitted, except in
R-S districts; except that barbed wire or other similar sharp fencing materials may be
used on the top of security fences in M-1 and M-2 districts.
2. When electrically charged fences are used in an R-S district, such fences shall be posted
with warning signs at intervals not to exceed 150 feet where such fences are adjacent to
public rights-of-way.
E. Measuring Fence and Wall Height. In case of a fence erected on top of a retaining wall, the
height shall be measured from the grade of the high side of the wall.
F. “Finished” Side Out. Any fence or wall constructed so as to have only one elevation “finished,”
which shall be defined as not having its supporting members significantly visible, shall be erected
such that the finished elevation of the fence is exposed to the adjacent property.
G. Fencing of Utilities and Outdoor Storage Areas.
1. All utility substations, wells, storage facilities or other utilities shall be screened from
view by a wall, fence, hedge or landscape screen.
2. All storage for commercial operations shall be conducted within a completed enclosed
building or within an area completely enclosed, except for access points, by a wall, fence,
hedge or landscape screen at least 6 feet in height.
18.42.140 OFF-STREET LOADING BERTH REQUIREMENTS
A. Affected Uses. Every hotel/motel with restaurant, conference center, restaurant, department
store, freight terminal or railroad yard, hospital or sanitarium, industrial plant, manufacturing
establishment, retail establishment, storage warehouse or wholesale establishment, and all other
structures devoted to similar mercantile or industrial pursuits, which has an aggregate gross floor
area of 15,000 square feet or more shall provide off-street truckloading or unloading berths in
accordance with the following table:
1. Any office building 100,000 square feet or larger shall have at least one off-street loading
berth.
Table 42-1
Square Feet of Aggregate Gross Floor Area Devoted to Such Use
15,000 square feet up to and including 40,000 square feet 1
40,001 square feet up to and including 100,000 square feet 2
For each additional 100,000 square feet 1 additional
B. Standards for Off-Street Loading Facilities. All off-street loading facilities shall conform to the
following standards:
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1. The first loading berth shall be at least 70 feet in length. Additional berths required shall
be at least 45 feet in length unless certified by the property owner in writing that
additional loading activity will take place exclusively with small delivery vans in which
case the berth(s) shall be at least 25 feet in length. All loading berths shall be at least 12
feet in width and 14 feet in height, exclusive of aisle and maneuvering space.
2. Such space may occupy all or any part of any required yard space, except front and
exterior side yards, and shall not be located closer than 50 feet to any lot in any
residential zone unless separated from such zone, except at the accesses, by screening
not less than 8 feet in height.
3. Sufficient room for turning and maneuvering vehicles shall be provided on the site so
that vehicles shall cross a property line only by driving forward.
4. Each loading berth shall be accessible from a street or alley or from an aisle or drive
connecting with a street or alley, without traversing a residential district.
5. The loading area, aisles and access drives shall be paved so as to provide a durable,
dustless surface and shall be so graded and drained so as to dispose of surface water
without damage to private or public properties, streets or alleys.
6. Bumper rails shall be provided at locations where needed for safety or to protect
property.
7. No regular repair work or servicing of vehicles shall be conducted in a loading area.
8. Off-street loading facilities shall be located on the same site with the use for which the
berths are required.
9. If more than one use is located on a site, the number of loading berths provided shall be
equal to the sum of the requirements prescribed in this title for each use. If more than
one use is located on a site, and the gross floor area of each use is less than the minimum
for which loading berths are required, but the aggregate gross floor area is greater than
the minimum for which loading berths are required, off-street loading berths shall be
provided as if the aggregate gross floor area were used for the use requiring the greatest
number of loading berths.
10. Off-street loading facilities for a single use shall not be considered as providing required
off-street loading facilities for any other use.
11. At the time of initial occupancy, major alterations or enlargement of a site, or of
completion of construction of a structure or of a major alteration or enlargement of a
structure, there shall be provided off-street loading berth requirements subject to the
provisions of Chapter 18.74, BMC. The number of loading berths provided for a major
alteration or enlargement of a site or structure shall be in addition to the number existing
prior to the alteration or enlargement.
12. Space allocated to any off-street loading berth shall not be used to satisfy the space
requirements for any off-street parking facility.
18.42.150 LIGHTING
A. Purpose.
1. Provide lighting in outdoor public places where public health, safety and welfare are
potential concerns;
2. Protect drivers, bicyclists and pedestrians from the glare of non-vehicular light sources
that shine into their eyes and thereby impair safe travel;
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3. Protect neighbors and the night sky from nuisance glare and stray light from poorly
aimed, placed, applied, maintained or shielded light sources;
4. Protect and maintain the character of Bozeman;
5. Prevent excessive lighting and conserve energy; and
6. Provide adequate lighting for safe pedestrian and bicycle travel.
B. General.
1. With the exception of street lighting, lighting is not required. If installed, all lighting
shall comply with the requirements of §18.42.150, BMC.
2. Unless otherwise approved through a planned unit development, this ordinance shall
apply to all lighting for subdivisions, land uses, developments and buildings. In addition,
any site modification that requires a certificate of appropriateness, site plan review or
reuse application will necessitate compliance for all existing and proposed lighting on the
site.
3. The provisions of this section are not intended to prevent the use of any design, material
or method of installation or operation not specifically prescribed herein, provided any
such alternate has been approved by the Planning Director. The Planning Director may
approve any such proposed alternate provided he/she finds that it:
a. The lighting provides at least approximate equivalence to the applicable specific
requirements of this section; and
b. The lighting is otherwise satisfactory and complies with the intent of this section.
C. Street Lighting. Street lighting consists of street lighting and pathway intersection lighting, and
shall comply with the following requirements:
1. General.
a. All street lighting shall be operated and maintained through the creation of a new
SILD, through the annexation to an existing SILD or through some other
equivalent means approved by the City of Bozeman.
b. Individual yard lights on private property shall not be used for street lighting.
2. Street Lights at Intersections.
a. Illumination Requirements.
(1) Single Installation. The illumination requirement for an intersection
street light, where only one light is required, shall be determined from
Table 42-2 based on the functional classification of the street upon which
the light is located.
(2) Multiple Installation. For all intersections where more than one street
light is required, all lights shall be within the same range for measured
lumens. The illumination requirement shall be determined from Table
42-2 for the functional classification of the leg of the intersection with
the highest requirement.
b. Non-Signalized Intersections. A street light shall be installed at each non-
signalized street intersection with the exceptions contained in subsections (1) and
(2) below.
(1) At intersections where the width of one or more of the approaches is
greater than or equal to 50 feet, as measured to the back of curb or edge
of pavement, then two street lights shall be installed on diagonally
opposite corners.
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(2) At the intersection of two local streets a street light may be omitted if its
installation would violate the spacing criteria contained in Table 42-2.
c. Signalized Intersections. At signalized intersections where all approaches are
narrower than 50 feet, as measured to the back of curb or edge of pavement, two
street lights shall be installed on the diagonally opposite corners. At signalized
intersections where the width of one or more of the approaches is greater than
or equal to 50 feet, four street lights shall be installed, one on each corner.
3. Spacing of Street Lights. In addition to intersection locations, street lights shall be
spaced along streets in accordance with Table 42-2.
Table 42-2
Functional Classification
Through
Lanes
Pedestrian
Conflict
Maintained Lumens
(Minimum Maintained Average Values) Spacing
Arterial 4/2 High 33000-22500 225/225
4/2 Low 22500-13500 300/275
Collector 4/2 High 22500-13500 250/225
4/2 Low 22500-8000 300/275
Local 2 Low 9500-8000 N/A1
Arterial - Commercial
Center 4/2 High 33000-22500 200/175
Collector - Commercial
Center 4/2 High 22500-13500 225/175
Local -Commercial
Center 2 High 9500-8000 150
1Street lights are only required at intersections on local streets.
4. Street Light Location and Placement of Equipment. In addition to spacing
requirements, the following layout criteria shall be used:
a. When a street light location falls near an unlit intersection, the light shall be
located at the intersection;
b. Street lights shall be located at property lines to the greatest extent possible, but
not in conflict with other utility service providers;
c. Pole spacing along a street may vary from the criteria of Table 42-2 by up to 15
percent. For the uniformity of appearance, the variance in spacing between
adjacent spans should not be more than 15 percent;
d. All proposed streets within the proposed subdivision, having a curve of 300 feet
or longer in length, shall have a street light in the middle of the horizontal curve
or as required by the City Engineer;
e. A street light shall be placed at the terminal ends of center median islands having
trees and/or other fixed objects not having a breakaway design for speeds of 25
miles per hour or greater;
f. Wiring for street lights shall be underground;
g. Additional street lights may be required by the City Commission when potential
traffic hazards are identified during plan review; and
h. For streets that are wider than 70 feet (from back of curb) the required street
lights shall alternate on either side of the street.
5. Street Light Support Structures. The ballasts; pole type, strength and anchor bolts; and
pole foundation shall be appropriate for the proposed lighting and shall be installed per
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the manufacturer’s recommendations. Mounting heights shall be measured from grade
and shall comply with the requirements of Table 42-3.
Table 42-3
Maintained Lumens (Minimum Maintained Average
Values) Mounting Height
9500-8000 25 feet
22500-9500 35 feet
33000-22500 38 feet
6. Pathway Intersection Lighting. Pathway lights shall be installed at all intersections of
pathways and streets, located within the proposed development or along existing streets
or roads abutting the development, if said intersection is located in areas other than
lighted intersections. All pathway lights shall comply with City of Bozeman
specifications.
Table 42-4
Average Horizontal Illuminance at Pathway in
Maintained Footcandles
Mixed vehicle and pedestrian 2.0
Pedestrian only 1.0
Source: Roadway Lighting (RP-8-00), Illuminating Engineering Society of North American, 2000.
D. Site Lighting.
1. Parking Lot Lighting.
Table 42-5
Basic1 Security2
Minimum Horizontal Illuminance in Maintained Footcandles 0.2 0.5
Minimum Vertical Illuminance in Maintained Footcandles 0.1 0.25
Uniformity Ratio, Maximum : Minimum 20:01 15:00
Source: Parking Lot Lighting, Illuminating Engineering Society of North American, 1998.
1Basic lighting provides for the safety of customers and employees during business hours, and for the security of on-site, outside storage of
goods and/or materials.
2Security lighting provides for the safety of employees during nonbusiness hours, and for the security of on-site, outside storage of goods
and/or materials.
2. Building Entrances. Illuminance for building entrances (including commercial, industrial,
institutional and municipal) shall average 5.0 maintained footcandles.
3. Car Dealership Lighting.
Table 42-6
Area
Maximum Illuminance on Pavement (in
Maintained Footcandles) Uniformity Ratio
Maximum : Minimum
Main Business Districts
Adjacent to roadway 10 - 20 5:01
Other rows 5 - 10 10:01
Entrances 5 - 10 5:01
Driveways 2 - 3 10:01
Secondary Business Districts
Adjacent to roadway 5 - 10 5:01
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Other Rows 2.5 - 5 10:01
Entrances 2.5 - 5 5:01
Driveways 1 - 2 10:00
Source: Lighting for Exterior Environments, Illuminating Engineering Society of North American, 1998.
4. Service Station or Gas Pump Area Lighting.
Table 42-7
Area Description
Average Illuminance on Described Area (in
Maintained Footcandles)
Approach with dark surroundings 1.5
Driveway with dark surroundings 1.5
Pump island area with dark surroundings 5
Building facades with dark surroundings 2
Service areas with dark surroundings 2
Landscape highlights with dark surroundings 1
Approach with light surroundings 2
Driveway with light surroundings 2
Pump island area with light surroundings 10
Building facades with light surroundings 3
Service areas with light surroundings 3
Landscape highlights with light surroundings 2
Source: Lighting for Exterior Environments, Illuminating Engineering Society of North American, 1998.
5. Site Lighting Support Structures. The ballasts; pole type, strength and anchor bolts; and
pole foundation shall be appropriate for the proposed lighting and shall be installed per
the manufacturer’s recommendations. Height shall be measured from grade. Except as
allowed in Sections E and G, light poles for parking lot lighting shall not exceed 25 feet.
6. Site Lighting Installation and Maintenance.
a. For new installations, electrical feeds for fixtures mounted on poles shall be run
underground, not overhead.
b. Poles supporting lighting fixtures for the illumination of parking areas and
located directly behind parking spaces, shall be placed a minimum of 5 feet
outside the paved area, or on concrete pedestals at least 30 inches high above the
pavement, or suitably protected by other approved means.
c. Lighting fixtures and ancillary equipment shall be maintained so as always to
meet the requirements of this ordinance.
7. Miscellaneous Site Lighting Specifications. Except as otherwise allowed in Sections E
and G, all lighting shall comply with the following requirements:
a. All outdoor lighting, whether or not required by this ordinance, shall be aimed,
located, designed, fitted and maintained so as not to present a hazard to drivers
or pedestrians by impairing their ability to safely traverse and so as not to create a
nuisance by projecting or reflecting objectionable light onto a neighboring use or
property.
b. All outdoor lighting fixtures shall be shielded in such a manner that no light is
emitted above a horizontal plane passing through the lowest point of the light
emitting element, so that direct light emitted above the horizontal plane is
eliminated.
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c. Except for residential lights, street lighting, pathway intersection lighting and
security lighting, all lighting shall be turned off between 11:00 p.m. and 6:00 a.m.
Exceptions shall be granted to those businesses which operate during these
hours; such lighting may remain illuminated only while the establishment is
actually open for business.
d. Vegetation screens shall not be employed to serve as the primary means for
controlling glare. Rather, glare control shall be achieved primarily through the
use of such means as cutoff fixtures, shields and baffles, and appropriate
application of fixture mounting height, wattage, aiming angle and fixture
placement.
e. All outdoor lighting shall be designed and located such that the maximum
illumination measured in footcandles at the property line shall not exceed 0.3
onto adjacent residential properties and 1.0 onto adjacent commercial properties
and public rights-of-way.
f. Externally illuminated wall-mounted and pole signs shall be lighted by fixtures
mounted at the top of the sign and aimed downward; ground-mounted sign
lighting may only be used for monument style signs. Fixtures used to illuminate
signs shall be aimed so as not to project their output beyond the sign.
g. Floodlights, spotlights or any other similar lighting shall not be used to illuminate
buildings or other site features unless approved as an integral architectural
element on the development plan. On-site lighting may be used to accent
architectural elements but not to illuminate entire portions of buildings. Where
accent lighting is used, the maximum illumination on any vertical surface or
angular roof surface shall not exceed 5.0 average maintained footcandles.
Building façade and accent lighting shall not be approved unless the light fixtures
are carefully selected, located, aimed and shielded so that light is directed only
onto the building façade and spillover light is eliminated.
(1) Directional fixtures used to illuminate flagpoles (State, United States
and/or foreign nations) may project their output beyond the flagpole.
h. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity
or color, or use intermittent electrical pulsation are prohibited.
i. Translucent awnings and canopies used for building accents over doors,
windows, etc., shall not be internally lit (i.e., from underneath or behind).
j. Search lights, laser source lights or any similar high-intensity light shall not be
permitted, except in emergencies by police and fire personnel or at their
direction, for meteorological data gathering purposes, or for special events if a
permit is obtained from the Planning Director.
E. Sports and Athletic Field Lighting. Lighting for sports and athletic fields may need to exceed
illumination standards for general recreational needs in order to meet higher standards required
for play. The City Commission may approve relaxations of these lighting standards provided
that the following minimum standards are met:
1. Fixtures shall be at least 70 feet in mounted height measured from grade.
2. If floodlights are used, they shall not be aimed above 62 degrees and should use internal
louvers and external shields to help minimize light pollution.
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3. Fixtures shall be designed and aimed so that their beams fall within the primary playing
area and the immediate surroundings, so that off-site direct illumination is significantly
restricted (spillover levels at the property line shall not exceed 0.3 footcandles).
4. Lighting shall be extinguished no later than 1 hour after the event ends.
F. Lighting Specifications for All Lighting. Light fixtures and standards shall be compatible with
the surrounding area, the subdivision or site design, and the development’s character and/or
architecture.
1. Luminaires (Light Fixtures). Except as otherwise allowed in Sections E and G, all
luminaires shall comply with the following requirements:
a. In all light fixtures, the light source and associated lenses shall not protrude
below the edge of the light fixture, and shall not be visible from adjacent streets
or properties.
b. Fixtures shall be of a type and design appropriate to the lighting application.
c. For lighting horizontal areas such as roadways, sidewalks, entrances and parking
areas, fixtures shall meet IESNA “full-cutoff” criteria (no light output emitted
above 90 degrees at any lateral angle around the fixture).
d. As needed, fixtures shall be equipped with or be modified to incorporate light
directing and/or shielding devices such as shields, visors, skirts, internal louvers
or hoods to redirect offending light distribution and/or reduce direct or indirect
glare.
e. The installation of any mercury vapor light fixture or lamp for use as outdoor
lighting is prohibited, except that until November 21, 2006 (the fifth anniversary
date of the effective day of this ordinance), this provision shall not apply to any
replacement bulb.
G. Historic Lighting. The City Commission may relax lighting standards and requirements, with the
exception of illumination levels, for the provision of historic lighting in the neighborhood
conservation overlay district. Historic lights shall be proposed as an integrated part of an overall
development plan. The historic preservation planner shall review and approve the proposed
lighting for historic appropriateness.
H. Post Installation Inspection. The City of Bozeman reserves the right to conduct post-
installation nighttime inspections to verify compliance with the requirements of this ordinance,
and if appropriate, to require remedial action at no expense to the City.
I. Compliance Monitoring. If the City of Bozeman finds that a lighting installation creates a safety
or personal security hazard, the person(s) responsible for the lighting shall be notified in writing
and required to take remedial action within 30 days.
J. Nuisance Glare and Inadequate Illumination Levels. When the City of Bozeman finds that a
lighting installation produces unacceptable levels of nuisance glare, skyward light, excessive or
insufficient illumination levels, or otherwise varies from this ordinance, the City may notify the
person(s) responsible for the lighting and require appropriate remedial action within 30 days.
K. Nonconforming Lighting. With the exception of street lighting, security lighting fixtures or a
security lighting installation in use on January 1, 2004, that does not conform to this ordinance
and that is not otherwise required to be brought into compliance pursuant to this ordinance,
shall be required to be in compliance 5 years after the date of enactment of this ordinance. Any
other lighting fixture or lighting installation existing on the effective date of this ordinance that
does not conform to the requirements of this ordinance shall be considered as a legal
conformance.
Ordinance # 1693: Effective March 24, 2007. page 42-20
159206
18.42.160 OUTDOOR STORAGE
A. All materials, supplies, merchandise or other similar matter not on display for direct sale, rental
or lease to the ultimate consumer or user shall be stored within the confines of a 100 percent
opaque wall or fence not less than 6 feet tall.
B. No storage of any type shall be permitted within any required yard, and shall be subject to §
18.40.150, BMC.
C. All areas designated for vehicle and equipment storage shall be screened from view from the
street and adjacent properties as per subsection A above. Vehicle and equipment storage areas
shall not be subject to parking lot paving or landscape requirements, but shall be subject to
drainage detention requirements and appropriate dust control requirements.
18.42.170 TRASH AND GARBAGE ENCLOSURES
A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be
provided for every use, other than single-household dwellings, duplexes, individually owned townhouse
or condominium units, in every zoning district, except where a property is entirely surrounded by screen
walls or buildings. Trash enclosures shall be constructed so that contents are not visible from a height of
5 feet above grade from any abutting street or property. Trash enclosures shall comply with the
following regulations:
A. Location. Trash enclosures, surrounding standard steel bins (dumpsters), shall be located on the
site for convenient pickup service, and the location shall be shown on required site plans. Trash
enclosures shall not be located in required front yards, and shall be situated so that containers
can be pulled straight out of the enclosure or so the sanitation truck can back straight into it.
The location of all trash enclosures shall be subject to review and approval by the City Sanitation
Department.
B. Construction. Trash enclosures shall be constructed of solid or ornamental pierced masonry
walls or other appropriate materials, with a solid concrete floor sloped for drainage and
maintenance of sanitary conditions. Enclosures shall be architecturally compatible with the
principle structure. Enclosures shall be of sufficient height to conceal contents, including
containers, but in no case shall be less than 4 feet in height above grade.
C. Exception. A garbage enclosure is not required for dumpsters accessed via an alley.
18.42.180 PROVISION OF AFFORDABLE HOUSING
A. Purpose. This section establishes the requirements relating to the creation of lots for provision
of moderate and low income housing.
1. The City’s adopted growth policy indicates the City’s desire to have a well balanced
community with a range of housing available to its citizens. This includes housing for
persons of low and moderate incomes.
2. The 2003 Housing Needs Assessment established the need for additional low and
moderate income housing opportunities.
3. The City Commission has adopted an affordable housing policy giving direction for
certain actions to help ensure the opportunity for affordable housing.
4. The City intends to create opportunities for greater low and moderate income housing
opportunities by ensuring a supply of lots meeting minimum size requirements and
providing other related means of addressing housing need.
5. Development of the minimum sized lots shall largely depend on the actions of the
private land development process.
Ordinance # 1693: Effective March 24, 2007. page 42-21
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6. It is the intention of the City to establish certain complimentary financial programs to aid
qualifying parties to obtain housing. These programs are separate from the requirements
of this title.
7. Compliance with this section meets the requirements of annexation agreements enacted
prior to the date of this ordinance that require the provision of affordable housing.
B. Applicability. Lands subdivided after the effective date of this ordinance shall meet the
requirements of this section and shall have not less than a minimum net density of six units per
acre when subdivided if:
1. The total area of such lands being subdivided for residential purposes in all phases is five
acres or more in size; or
2. The land being subdivided is not intended for final development under the provisions of
the R-S, Residential Suburban zoning district described in §18.16.010, BMC.
C. Number of Restricted Size Lots Required. Every residential subdivision meeting the
requirements of subsection B above shall have a minimum of 10 percent of the buildable net
acreage dedicated to Restricted Size Lots (RSLs). A RSL shall not be greater than 5,000 square
feet for single household detached dwellings and 3,000 square feet for single household attached
dwelling units. The RSL designation shall be recorded with the final subdivision plat in a
manner that will appear on a title search and include reference to the sunset provisions of this
section.
The requirements of this section may be met through any one or a combination of the following
options. The option or combination of options shall be specified at the time of preliminary plat.
A change of option affecting more than two lots after the preliminary plat has been approved
shall constitute a material change to the subdivision and shall require reapproval of the
subdivision by the City.
1. After creation of lots through the subdivision process and recording of the RSL
restrictions with the final plat, offering for sale to any willing buyer the RSL lots for
development as housing.
2. In lieu of designating the required number of RSLs for market sale with the final plat,
the owner may provide a fee-simple transfer of title of buildable RSLs to the City. For
the purpose of determining the number of RSLs required by this subsection the fee
simple transfer of one RSL shall be equivalent to providing three RSLs for market sale.
The City will utilize donated RSLs or the proceeds of sales of donated RSLs only for
affordable housing.
a. A fee simple transfer RSL can be provided within the annexed land being
subdivided or may be provided off-site as allowed by subsection 3 below. The
subdivision containing the off-site fee simple transfer RSL cannot be comprised
on more than 50 percent RSLs without prior City Commission approval. The
off-site fee simple transfer RSL shall be established and transferred to the City
not later than the time of final plat approval of the subdivision responsible for
creating the fee simple transfer RSL.
3. In lieu of designating RSLs within the land being subdivided, the owner may provide for
comparable off-site RSLs at a ratio of 1:1. The subdivision containing the off-site RSLs
shall not be comprised of more than 50 percent RSLs without prior City Commission
approval. The off-site RSLs shall be established not later than the time of final plat
approval of the subdivision responsible for creating the RSLs.
4. At time of final plat, in lieu of supplying the required number of RSLs, the owner may
pay a “cash in lieu” fee to the City. The payment shall be calculated as the appraised
Ordinance # 1693: Effective March 24, 2007. page 42-22
161208
value per square foot of developed land within that specific subdivision at a time not
sooner than 30 days prior to the time of final plat approval. The cost per square foot
shall be multiplied by 5,000 in single household districts and by 3,000 in multi-household
districts when smaller or multi-household aggregated lot for each required RSL. The
appraisal cost shall be born by the owner of land being subdivided. The City will use
payments in lieu of RSLs only for affordable housing.
5. Within multi-household zoning districts and with approval from the City Commission
the area required may be assembled into larger lots to allow construction of affordable
housing complexes.
D. Restrictions on Building Size. Dwellings constructed on RSLs are subject to the size restrictions
of §18.16.030.C, BMC. Dwellings built on RSLs shall be known as Restricted Size Units (RSU).
E. Automatic Termination Provisions. The provisions of this section shall be of no more effect
after November 24, 2008, unless such date is extended by the City Commission by amendment
to this section to establish a new date.
Ordinance # 1693: Effective March 24, 2007. page 42-23
162209
CHAPTER 18.44
TRANSPORTATION FACILITIES AND ACCESS
18.44.010 STREETS, GENERAL
All streets shall be provided in accordance with an adopted growth policy and/or transportation plan.
The arrangement, type, extent, width, grade and location of all streets shall be considered in their
relation to existing and planned streets, to topographical conditions, to public convenience and safety,
and to the proposed uses of the land to be served by such streets. The design standards contained in
these regulations shall apply to all construction, reconstruction and paving of streets.
A. Relation to Undeveloped Areas. When a proposed development adjoins undeveloped land, and
access to the undeveloped land would reasonably pass through the new development, streets
within the proposed development shall be arranged to allow the suitable development of the
adjoining undeveloped land. Streets within the proposed development shall be constructed to
the boundary lines of the tract to be developed, unless prevented by topography or other
physical conditions, in which case a subdivision variance must be approved by the City
Commission.
B. Relation to Developed Areas. The developer shall arrange the streets to provide for the
continuation of streets between adjacent developed properties when such continuation is
necessary for the convenient movement of traffic, effective provision of emergency services and
efficient provision of utilities.
C. Separation of Through and Local Traffic. Where a development abuts or contains an existing or
proposed arterial or collector street, the developer may be required to provide frontage roads,
reverse frontage with a reservation prohibiting access along the rear property line, screen
planting, or such other treatment as may be necessary for protection of residential properties and
to afford separation of through and local traffic.
D. Distance Between Parallel Rights-Of-Way. Where a development borders on or contains a
railroad, limited access highway, canal, ditch or stream right-of-way, the developer may be
required to provide a street approximately parallel to and on each side of such right-of-way at a
distance suitable to allow for the appropriate use of the intervening land. Such distances shall
also be determined with due regard for the requirements of approach grades and future grade
separation.
E. Dead-End Streets. Dead-end streets shall comply with City design specifications and standards,
and with any City-adopted Uniform Fire Code. No dead-end streets longer than 150 feet shall
be permitted without an approved turn around. Where streets terminate, the developer shall
provide a cul-de-sac at the terminus. Where it is planned that a dead-end street will be extended
in the future, a temporary cul-de-sac shall be provided. All approved turnarounds shall be
signed as no parking.
1. “T” turnarounds, in-lieu of a temporary cul-de-sac, must be specifically approved by the
City Engineer. “T” turnarounds shall include two straight backup lengths of 45 feet each
to accommodate City fire trucks. All other design requirements shall be established by
the City Engineer.
F. Local Streets. Local streets shall be laid out to discourage speeding.
G. Half Streets. Half streets are prohibited except when they are essential to the development, are
beneficial to the City, or when the City Engineer is satisfied that the half of the street will be
dedicated to the public when the adjoining property is developed. Half streets must be
approved by the City Engineer, and when adjacent to unannexed land, the County Road Office.
Ordinance # 1693: Effective March 24, 2007. page 44-1
163210
When an existing half street is adjacent to a tract to be developed, the undeveloped half of the
street shall be provided with the new development.
H. Second or Emergency Access. To facilitate traffic movement, the provision of emergency
services and the placement of utility easements, all developments shall be provided with a
second means of access. If, in the judgment of the Development Review Committee (DRC), a
second dedicated right-of-way cannot be provided for reasons of topography or other physical
conditions, the developer shall provide an emergency access, built to the standards detailed in
these regulations.
1. This provision may be waived or conditionally waived by the DRC.
I. Cul-de-sacs. Cul-de-sacs are generally prohibited. The City Engineer may consider and approve
the installation of a cul-de-sac only when necessary due to topography, the presence of critical
lands, access control, adjacency to parks or open space, or similar site constraints. Pedestrian
walks shall be installed at the end of cul-de-sacs where deemed appropriate.
J. Bridges and Culverts. Culverts or bridges shall be provided and installed by the developer where
drainage channels intersect any street right-of-way.
1. Bridges. Bridges shall be built to Montana Department of Transportation H-20 load
standards, and shall be reviewed and approved by the Gallatin County Road Office and
the City Engineering Department.
2. All culverts shall, at a minimum, extend across the entire improved width of the street
cross section. The size and length of the culvert and the amount of backfill over the
culvert shall be determined by a registered professional engineer, when determined
necessary by the City Engineering Department.
a. Each culvert or other drainage facility shall be large enough to accommodate
potential runoff from upstream drainage areas. The minimum capacity of a
culvert shall be equivalent to a circular diameter of 15 inches.
K. Encroachment Permits. The subdivider shall be required to obtain encroachment permits for all
access to state highways.
L. Traffic Control Devices. Street signs and other traffic control devices shall be installed at all
intersections and any other location required by the City of Bozeman. The location, size, shape
and height of all traffic control devices shall comply City of Bozeman requirements, and shall
conform with the Manual of Uniform Traffic Control Devices (MUTCD) and the City of
Bozeman Modifications to Montana Public Works Standard Specifications.
M. Sight Distances. The alignment of all streets shall provide adequate sight distances based on
design operating speeds.
18.44.020 STREET AND ROAD DEDICATION
A. General. All streets or alleys within, or providing access to, the proposed development shall be
dedicated to the public, be private streets to be owned and maintained by an approved property
owners association, or, if the criteria of this section are met, be a public street easement.
1. Public Street Easements. Public street easements shall:
a. Be approved by the City Attorney’s Office;
b. Be recorded in the County Clerk and Recorder’ office; and
c. Clearly grant to the public an unrestricted right of ingress and egress from a
public street to the property to be subdivided.
2. Private Streets.
Ordinance # 1693: Effective March 24, 2007. page 44-2
164211
a. Private streets may be required to have a public access easement if deemed
necessary by the City.
b. If a private street is proposed, the project shall be reviewed as a planned unit
development. However, development proposals containing private streets shall
be exempt from the PUD review requirement if:
(1) A local private street is proposed and the street would comply with the
City standard right-of-way requirement of 60 feet, and the standard back-
of-curb to back-of-curb width of 31, 33 or 35 feet; or
(2) A local private street is proposed and the street would comply with the
City standard right-of-way requirement of 60 feet. The back-of-curb to
back-of-curb width could vary from City standards, provided that:
(a) A permanent funding source, such as the levying of assessments
against all properties within the development, for street
maintenance is established and the funding levels will be adequate
for all future private street maintenance; and
(b) The developer signs a waiver of right to protest the creation of
SIDs, or other perpetual legal instrument, acknowledging that the
City will not assume dedication and/or maintenance of the streets
unless the street is brought up to City standards, or the property
owners have agreed to an assessment to fund improvements
required to bring the street up to City standards. The developer
shall record the waiver, or other legal instrument, at the time of
final plat recordation, or prior to issuance of building permits if
no final plat recordation is required.
c. Documented proof of adequate maintenance funding and scheduling, for all
private streets, shall be provided, subject to §18.72.040, BMC.
18.44.030 INTERSECTIONS
A. The following requirements apply to street intersections:
1. Streets shall intersect at 90-degree angles except when topography prohibits this
alignment. In no case shall the angle of an intersection be less than 60 degrees to the
center line of the street or road being intersected;
2. Two streets meeting a third street from opposite sides shall be offset at least 125 feet for
local roads and 300 feet for arterials or collectors. Distances shall be measured from the
inside edge of the access, extended at its intersection with the projected curb line of the
intersecting street, to the right-of-way line, along the street frontage right-of-way line.
See Figure 18.44.090 in Appendix A.;
3. No more than two streets may intersect at one point;
4. Intersections of local streets with major arterials or highways shall be subject to
§18.44.090, BMC;
5. Intersections shall be designed to provide adequate visibility for traffic safety based on
the designed operating speeds of the intersecting roadways;
6. Hilltop intersections are prohibited, unless no alternatives exist. Intersections on local
streets within 100 feet of a hilltop are prohibited. Intersections on arterial and collector
streets within 200 feet of a hilltop are prohibited. If no alternatives to a hilltop
intersection exists, additional traffic control devices shall be required;
7. The grade of approaches to major highways shall not exceed 5 percent; and
Ordinance # 1693: Effective March 24, 2007. page 44-3
165212
8. Any street which intersects a paved minor collector or greater street shall be paved for at
least 75 feet from the existing edge of pavement.
18.44.040 STREET NAMES
A. The following requirements apply to street names:
1. New streets aligned with existing streets shall have the same name as the existing streets.
2. All street names must be approved by the Gallatin County Geographic Information
Systems and City Engineering Department prior to final plat or plan approval in order to
avoid duplication and confusion with names of existing streets and roads.
18.44.050 STREET AND ROAD RIGHT OF WAY WIDTH AND CONSTRUCTION
STANDARDS
A. All streets and roads providing access to, and within, the proposed development shall meet the
following standards:
1. Right-of-way width and construction standards contained in this title, the Bozeman Area
Transportation Plan 2001 Update, the City of Bozeman Design Standards and
Specifications Policy, and the City of Bozeman Modifications to Montana Public Works
Standard Specifications shall apply.
2. Access streets and roads which are not on the City or County’s road maintenance system
shall be dedicated to the public, or shall have a public easement which meets the criteria
of this chapter.
18.44.060 STREET IMPROVEMENT STANDARDS
All street improvements shall be designed by and constructed under the supervision of a professional
civil engineer, registered in the State of Montana, and shall meet or exceed the right-of-way and
construction standards adopted by the City (including but not limited to an adopted transportation plan
or specifications manual) and required for the type of street to be constructed.
Plans and specifications for all public or private streets (including but not limited to curb, gutter, storm
drainage, street lighting and sidewalks), shall be provided to and approved by the City Engineer. The
developer shall provide professional engineering services for construction inspection, post construction
certifications and preparation of mylar record drawings. The plans and specifications shall be approved
and a preconstruction conference shall be conducted before any construction is initiated on the street
improvements.
A. Surfacing. A pavement design report, based upon specific site soil data and design-year traffic
loading conditions, prepared by a professional engineer, or other qualified professional approved
by the City Engineer, shall be submitted to the City Engineer for approval prior to plan and
specification submittal if using the self-certification process or with the plans and specifications
if using the standard process. Pavement design shall be in accordance with the City of Bozeman
Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana
Public Works Standard Specifications.
B. Alleys. In subdivisions where alleys are proposed, a 20-foot wide right-of-way shall be provided.
The driving surface of the alley shall be 16 feet wide and shall be improved with gravel.
1. Subdividers may elect to pave subdivision alleys provided that adequate stormwater
facilities are available.
2. Alleys shall be designed and constructed in accordance with the City of Bozeman Design
Standards and Specifications Policy and the City of Bozeman Modifications to Montana
Public Works Standard Specifications, and subject to approval by the City Engineer.
Ordinance # 1693: Effective March 24, 2007. page 44-4
166213
3. Alleys used for backing under §18.46.020.D, BMC shall be designed to provide the
required aisle width.
C. Traffic Progression. Traffic progression will be of paramount importance. Consequently, all
potential intersections with signals will be placed on quarter-mile points unless otherwise
approved by the City Engineer.
D. Level of Service Standards. Streets and intersection level of service “C” shall be the design and
operational objective, and under no conditions will less than level of service “D” be accepted.
All arterial and collector streets, and movements on intersection approach legs designated as
arterial or collector streets, shall operate at a minimum level of service “C”. The design year for
necessary improvements shall be a minimum of fifteen years following construction of said
improvements.
E. Timing. The installation of street improvements shall comply with the timing requirements of
Chapter 18.74, BMC.
18.44.070 STREET LIGHTING
A. Standards. For street lighting standards, please refer to §18.42.150, BMC
B. Timing. For the timing of street lighting improvements, please refer to §18.74.030.B.3, BMC.
18.44.080 SIDEWALKS
A. General. City standard sidewalks (including a concrete sidewalk section through all private drive
approaches) shall be constructed in all developments on all public and private street frontages,
except for alleys. The requirements of the City of Bozeman Design Standards and Specifications
Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications
shall apply.
B. Sidewalks Adjacent to Public Lands. The developer shall install sidewalks adjacent to public
lands, including but not limited to, parks, open space, and the intersection of alleys and streets or
street easements.
C. Timing. The following requirements regarding the timing of the installation of sidewalks shall
apply:
1. For subdivision improvements, please refer to §18.74.030.B.2, BMC.
2. For site development improvements, sidewalks shall be installed prior to issuance of an
occupancy permit, or shall be subject to an approved improvements agreement and
financially guaranteed, as specified in Chapter 18.74, BMC.
18.44.090 ACCESS
A. General. All final site plans and plats shall contain a statement requiring lot accesses to be built
to the standard contained in this section, the City of Bozeman Design Standards and
Specifications Policy, and the City of Bozeman Modifications to Montana Public Works
Standard Specifications.
1. Lot Access Standards. The drive approach shall be constructed in accordance with the
City’s standard approach, which includes a concrete apron, sidewalk section and drop-
curb.
a. A City curb cut and sidewalk permit must be obtained from the Engineering
Department prior to installation of the approach.
2. Access shall comply with any City-adopted Uniform Fire Code.
B. Drive Access From Improved Public Street, Approved Private Street or Alley Required.
Ordinance # 1693: Effective March 24, 2007. page 44-5
167214
1. For purposes of this code, “improved” public street, approved private street, or alley
means and includes:
a. Any street or alley within the City constructed to a standard which meets or
exceeds standards established by this title, the City of Bozeman Design Standards
and Specifications Policy, and the City of Bozeman Modifications to Montana
Public Works Standard Specifications;
b. Constructed public streets which may not meet current City standards but which
are constructed to a standard that has historically provided an adequate level of
service to adjacent properties, which level of service would not be degraded as a
result of a pending development proposal.
2. Unless otherwise allowed by this title, all lots shall be provided with legal and physical
access via one of the following options:
a. Twenty-five feet of frontage on a public or approved private street;
b. Twenty-five feet of frontage on a public or approved private street AND an
improved alley; or
c. Twenty-five feet of frontage on an improved alley AND a greenway corridor or
trail corridor with public access. This option may require additional
improvements to the alley to accommodate emergency access, snow removal and
storage, and the provision of utilities. The alley may also require signage for the
provision of emergency services.
C. Drive Access Requirements.
1. Drive accesses are required for commercial parking lots and parking lots for residential
developments subject to the site plan review procedures of Chapter 18.34, BMC. Parking
areas for residential developments subject to the sketch plan review procedures of
§18.34.050, BMC, may take access directly from an improved public street, approved
private street or improved alley as defined in subsection (B)(1) of this section with access
provided according to the provisions of this section and §18.46.020.D, BMC.
2. All drive accesses installed, altered, changed, replaced or extended shall comply with the
following requirements:
a. Residential.
(1) Residential lots shall not have direct access to arterials or collectors,
unless the standards contained in Table 44-3 are complied with;
(2) Single-household drive access openings shall not exceed 24 feet in width
measured at the right-of-way line and 34 feet in width measured at the
curb line. All residential complexes for fewer than five households are
considered single-household residences for the purpose of this section;
(3) Adjoining accesses for townhouses shall not exceed a combined total of
40 feet in width measured at the right-of-way line. Townhouses with
physical separation between drive accesses shall be reviewed as single-
household drive access. For the purposes of this section, physical
separation means a landscaped area greater than or equal to 10 feet in
width between paved areas and extending from the front line of the
building to the right-of-way line; and
(4) Residential complexes with five or more dwelling units shall be
considered commercial (nonresidential) establishments for the purpose
of§18.44.090.C, except that separated parking facilities for individual
Ordinance # 1693: Effective March 24, 2007. page 44-6
168215
townhouse units shall be considered the same as single-household
parking facilities.
b. Nonresidential.
(1) Commercial drive access widths shall be a maximum of 35 feet measured
at the inside edge of the drive access extended, at its intersection with the
projected curb line of the intersecting street. Two-way drive access shall
be a minimum of 24 feet and one-way drive access shall be a minimum of
16 feet.
(2) Industrial drive access widths shall be a maximum of 40 feet measured at
the inside edge of the drive access extended, at its intersection with the
projected curb line of the intersecting street. Two-way drive accesses
shall be a minimum of 24 feet and one-way drive accesses shall be a
minimum of 16 feet.
c. Drive accesses for all multiple tenant commercial buildings or
complexes/centers, or industrial drive accesses shall be set back a minimum of
20 feet from the adjacent property line unless such drive access is approved as a
shared drive access.
d. Drive accesses to drive-in theaters, stadiums, racetracks, funeral homes or uses
generating very heavy periodic traffic conflicts shall be located not closer than
200 feet to any pedestrian or vehicular entrance or exit to a school, college,
university, church, hospital, public emergency shelter or other place of public
assembly.
e. All commercial and industrial drive accesses on arterial streets shall have 15-foot
return radii unless otherwise approved by the Director of Public Service. All
commercial and industrial drive accesses on other streets may have either return
radii or depressed curbs. The minimum radius allowed is 4 feet.
D. Spacing Standards for Drive Accesses.
1. General.
a. Consolidation of access points onto public streets, to achieve a distance between
access points in excess of the minimum standards in this section, is desired and
shall be considered during all levels of site plan review.
b. For the purposes of this section public or private access means any street, alley,
driveway or other point of vehicular access to a publicly controlled street.
c. The distance between public and/or private accesses on a public street shall be
measured between the right-of-way line for public accesses and the nearest inside
edges of private accesses according to the following distances specified in
subsections 2 and 3 below.
d. Subsection D of this section does not apply to single-household, duplex or
triplex structures on individual lots.
2. Standards for Development Approved Before July 10, 2002. The provisions of this
section apply to development proposals receiving preliminary approval by the final
decision making body prior to July 10, 2002.
a. Distance from Intersection. Public or private access distance from street
intersections shall be subject to the following minimum dimensions:
Table 44-1
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169216
Access Located on
Arterial Streets
Access Located on
Collector Streets
Access Located on
Local Streets
Distances from
Intersection
Distances from
Intersection
Distances from
Intersection
Nearest
Intersecting
Street
Residential
District
Commercial
/Industrial
District
Residential
District
Commercial
/Industrial
District
Residential
District
Commercial
/Industrial
District
Arterial 150' 200' 100' 150' 40' 100'
Collector 150' 150' 40' 150' 40' 80'
Local 100' 150' 40' 100' 40' 80'
Note: All distances shall be measured from the inside edge of the access, extended at its intersection with the projected curb line
of the intersecting street, to the right-of-way line, along the street frontage right-of-way line See Figure 18.44.090 in Appendix
A..
b. Distance Between Public and/or Private Accesses Standards. The distance
between public and/or private accesses shall be subject to the following
minimum dimensions:
Table 44-2
Access Located on
Arterial Streets
Access Located on
Collector Streets
Access Located on Local
Streets
Minimum
Spacing
Residential
District
Commercial
/Industrial
District
Residential
District
Commercial
/Industrial
District
Residential
District
Commercial
/Industrial
District
Partial
Access1 80' 150' 60' 80' 40' 60'
Full Access2 100' 150' 100' 150' 40' 80'
Minimum
Separation 60' 100' 60' 80' 40' 60
1Partial access includes right turn in and out only.
2 Full access allows all turn movements, in and out.
3. Standards for Development Approved after July 10, 2002. This section shall apply to all
development receiving preliminary approval after July 10, 2002. These standards apply
to the minimum distance between public and/or private accesses and intersections, and
the minimum distance between public and/or private accesses and other public and/or
private accesses.
Table 44-3
Access Located on
Arterial Streets
Access Located on
Collector Streets
Access Located on
Local Streets
Average Spacing In All Districts In All Districts In All Districts
Partial Access1 315' 150' 40'3
Full Access2 660' 330' 40'3
Minimum Separation 315' 150' 40'
1Partial access includes right turn in and out only.
2 Full access allows all turn movements, in and out.
3Accesses on local streets shall be at least 150 feet from an intersection with an arterial.
E. Number and Location of Drive Accesses.
1. Single-household uses shall be limited to one drive access per street face, except on
properties abutting arterial streets in which case shared accesses, or driveways facilitating
the turning of automobiles on-site, shall be required.
2. Notwithstanding any other provisions of this title, drive accesses may not be located
closer than 5 feet to any side property line, unless shared access, as defined in
§18.80.2770, with the adjoining property is approved. This standard does not apply to
Ordinance # 1693: Effective March 24, 2007. page 44-8
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the shared side property line of townhouses units with adjacent garages using attached
driveways.
F. Shared Drive Access. The City desires and encourages sharing access drives, as defined in
Chapter 18.80, BMC, between separate parcels.
G. Access Approval Required. All drive accesses shall be approved by the City Engineer for width
and location.
H. Modifications of Property Access Standards.
1. Some of the standards listed in subsections C through E of this section, may be relaxed
by the City Engineer if it is shown during the development review process that more
efficient design can be accomplished without jeopardizing the public’s health, safety and
welfare, the intent of this title, or the intent of the City’s growth policy.
2. Modifications from access standards shall be approved at the discretion of the City
Engineer.
3. Commercial developments (including residential complexes for five or more households)
which may not be able to meet the requirements of subsections C through E of this
section, and are requesting modifications from the standards, shall submit to the City
Engineer a report certified by a professional engineer addressing the following site
conditions, both present and future:
a. Traffic volumes;
b. Turning movements;
c. Traffic controls;
d. Site design;
e. Sight distances; and
f. Location and alignment of other access points.
4. Based upon the above data, the City Engineer shall determine whether a modification
from the required standards is justified and, if so, what alternative requirements will be
necessary.
18.44.100 STREET VISION TRIANGLE
A. Arterial Streets. On corner lots on arterial streets in all districts, no fence, wall or planting in
excess of 30 inches above the street centerline grade shall be permitted within a triangular area
defined as follows: beginning at the intersection of the projected curblines of the two
intersection streets, thence 50 feet along one curb line, thence diagonally to the point 50 feet
from the point of beginning on the other curblines, then to the point of beginning.
B. Collector and Local Streets. On corner lots, on collector and local streets, in all districts, no
fence, wall or planting in excess of 30 inches above the street centerline grades shall be
permitted within a triangular area defined as follows: beginning at the intersection of the
projected curblines of two intersecting streets, thence 40 feet along one curb line, thence
diagonally to a point 40 feet from the point of beginning on the other curb line, then to the
point of beginning.
C. Driveways and Alleys. At the intersection of each driveway or alley with a street, no fence, wall
or planting in excess of 30 inches above the street centerline grade shall be permitted within a
triangular area where corners are defined by two points on the right-of-way line, 15 feet on each
side of the centerline of the driveway or alley and a point on centerline 10 feet outside the right-
Ordinance # 1693: Effective March 24, 2007. page 44-9
171218
of-way. Any driveway or alley wider than 30’ curb to curb at the right-of-way line shall use the
vision triangle standard for local streets when intersecting local, collector, or arterial streets.
D. Provision for Trees in Street Vision Triangle.
1. Single-stem canopy trees are discouraged but may be permitted in street vision triangles
as described in this section, provided that mature trees do not significantly affect safe
driving conditions and are maintained such that no canopy foliage exists below a height
of 10 feet above centerline of intersecting streets.
2. Trees which are located in the street vision triangle and which preexisted the adoption of
this title may be allowed to remain, provided the trees are trimmed such that no limbs or
foliage exist below a height of 10 feet above centerline grades of intersecting streets.
E. For an illustration of the requirements of this section see Figure 18.44.100 in Appendix A.
18.44.110 TRANSPORTATION PATHWAYS
A. General. Developers shall install pathways in accordance with this title, the growth policy, the
Greater Bozeman Area Transportation Plan Year 2001 Update, any adopted Citywide park plan,
and any adopted Park Master Plan, and shall comply with City of Bozeman design specifications.
See also §§18.42.100, 18.50.070 and 18.50.110, BMC.
B. Pathway Categories. The DRC shall be responsible for determining whether a pathway is a
transportation pathway or a recreation pathway. For subdivision and planned unit development
proposals, this determination shall be made during the pre-application process.
1. Transportation Pathways. Developers shall install transportation pathways, to provide
adequate multimodal transportation facilities within the development, as part of the
required development improvements. Transportation pathways shall be ADA accessible,
and include the following types of facilities:
a. Sidewalks;
b. On-street bike lanes and bike routes;
c. Boulevard trails; and
d. Class I trails;
(1) With the exception of trail corridors within required watercourse
setbacks, corridors for Class I trails shall be dedicated to the City. The
dedicated trail corridor shall be at least 25 feet in width to ensure
adequate room for the construction, maintenance and use of the trail.
Transportation trail corridors can not be used to satisfy park land
dedication requirements.
e. Pathways that connect community or neighborhood commercial nodes by a
reasonably direct route; or
f. Pathways that connect major residential, employment, educational, or other
service nodes by a reasonably direct route.
2. Recreation Pathways. For the definition of recreation pathways, please see §18.50.110.B,
BMC.
C. Related Facilities. If pathways are proposed or required, stream crossings and other similar
improvements, where necessary, shall be installed. Bridge design and construction shall comply
with City specifications and standards, and shall be submitted to the Planning Department for
review and approval. Any necessary permits for bridges shall be obtained by the developer from
the appropriate agency prior to installation of the stream crossings.
Ordinance # 1693: Effective March 24, 2007. page 44-10
172219
D. Trail Requirements. The class of the trail shall be determined by the Recreation and Parks
Advisory Board, and the trail shall be designed and constructed according to any adopted park
or recreation plan or other City specifications and standards. Trails and bridges must meet
Americans with Disabilities Act (ADA) specifications for recreational facilities and maintain a
natural appearance. Trail plans and specifications shall be submitted to the Planning
Department for review and approval prior to installation.
E. Bicycle Lanes and Boulevard Trails. Wherever new streets are to be developed as a result of a
development proposal, or wherever existing streets or roads are required to be improved, and
upon a recommendation from the Bozeman Bicycle Advisory Board (BBAB), the developer may
be required to incorporate striped bicycle lanes along the shoulder, meeting current AASHTO
standards, into the design and construction or improvement of the streets or roads. The
decision to install a boulevard trail instead of a bike lane shall be based on the Bike Route
Network Map (Figure 6-4) contained in the Greater Bozeman Area Transportation Plan Year
2001 Update. The City Commission may consider exceptions based on the particular
characteristics of a transportation corridor and recommendations from the DRC and the BBAB.
Boulevard trails and bike lanes shall be designed and constructed in accordance with the Greater
Bozeman Area Transportation Plan Year 2001 Update and any other applicable City
specifications and standards.
F. Pathway Maintenance. Trails within and adjacent to the proposed development, as well as off-
street pathways (i.e., sidewalks and boulevard trails) along external development streets, shall be
maintained (including snow removal) in accordance with an approved maintenance plan by the
developer until 50 percent of the lots within the development area sold. Thereafter the property
owners association shall be responsible for maintenance. The property owners association may
establish an improvement district to collect assessments to pay for the maintenance.
G. Pathway Easements. Where pathways cross private land or common open space, the proper
public access easements shall be provided. Public access easements for pathways shall be at least
25 feet wide.
H. Trails in Required Watercourse Setbacks. Trail corridors within required watercourse setbacks
shall not be dedicated to the City, and such land may not be used to satisfy park land dedication
requirements. When publicly accessible trails are established within required watercourse
setbacks, public access easements at least 25 feet in width shall be provided to ensure adequate
room for the construction, maintenance and use of the trail.
I. Corridors for transportation pathways shall not be used to satisfy park land dedication
requirements.
18.44.120 PUBLIC TRANSPORTATION
A. Street Design. All interior and exterior development streets that are designated as transit routes
shall be designed to accommodate transit vehicles and facilities. Transit considerations for street
design include, but are not limited to:
1. Pavement design;
2. Lane width;
3. Corner radii;
4. Street grade;
5. Curb height; and
6. Right-of-way width.
Ordinance # 1693: Effective March 24, 2007. page 44-11
173220
B. Other Transit Considerations. Developments with designated transit routes shall be designed
with consideration to the following requirements:
1. Spacing of Transit Stops. All lots within the development shall be not further than one-
half mile from a designated transit route;
2. Length of Transit Stops. Developments shall be designed to accommodate a bus length
of at least 90 feet on designated transit routes;
3. Distance from Intersection. Transit stops shall be at least 5 feet from pedestrian
crosswalks or the end of corner radii;
4. Driveway Conflicts. Lots and lot accesses shall be configured to avoid conflicts with
transit stops; and
5. Lighting. Subdivision street lighting shall be configured to provide adequate lighting at
transit stops.
C. If any streets on the interior or exterior of the development are designated as transit routes, the
City Commission may require the developer to provide transit facilities such as transit stop
signage, benches, bike racks, lighting and bus shelters.
Ordinance # 1693: Effective March 24, 2007. page 44-12
174221
CHAPTER 18.46
PARKING
18.46.010 GENERAL PROVISIONS
The purpose of these standards is to provide functional parking areas adequate to the needs of users,
create shaded areas within parking lots, reduce glare and heat build up, provide visual relief within paved
parking areas, emphasize circulation patterns and enhance the visual environment. In achieving these
purposes this chapter interacts with the requirements of Chapter 18.48, BMC The design of off-street
parking shall primarily be the responsibility of the developer and shall consider traffic circulation,
intended landscaping, pedestrian access and circulation, and other purposes of this title.
A. Floor Area.
1. The term “floor area,” for the purpose of calculating the number of off-street parking
spaces required, shall mean 85 percent of the gross floor area, as defined in Chapter
18.80, BMC. However, at the election of the property owner, floor area shall mean the
gross floor area, as defined in Chapter 18.80, BMC, minus the following:
a. Window display areas;
b. Storage areas;
c. Areas used for incidental repair of equipment used or sold on the premises;
d. Areas occupied by toilets and restrooms, kitchens or breakrooms;
e. Areas occupied by public utility facilities;
f. Areas occupied by dressing rooms, fitting or alteration rooms incidental to the
sale of clothing;
g. Areas occupied by stairways and elevators; and
h. Corridors connecting rooms or suites of rooms.
Such election shall be made in writing to the Planning Director, shall be signed and
acknowledged by the owner, and shall be filed with the Planning Director prior to the
issuance of a building permit for such building. The owner shall also be responsible for
certifying other information upon which parking requirements may be based, such as
seats, and the number of employees on maximum working shift.
2. Where applicable, the number of spaces required in §18.46.040 of this chapter will be the
total of the spaces required for the component activities of certain uses, each calculated
separately.
B. Change of Use or Occupancy of Buildings. With any change of use or occupancy of any building
or buildings, including additions to buildings, that may require more parking, an occupancy
permit is required and shall not be issued until such additional parking spaces, as required by this
title, are provided for.
C. Improvement Schedule. All parking area improvements to include surfacing, drainage, walkways,
lighting, landscaping, screening, traffic control, etc. shall be installed according to the provisions
of Chapter 18.74, BMC.
D. Stacking of Off-Street Parking Spaces. Required parking spaces shall be located so as to preclude
stacking of off-street parking spaces, with the exception of single household dwellings and
individual townhouse units, and duplexes with physically separated individual driveways. Physical
separation is provided when at least one of these options are provided: individual garage doors
for each interior parking space, a vegetated planter not less than four feet in width between the
Ordinance # 1693: Effective March 24, 2007. page 46-1
175222
parking spaces in the driveway area, or a wall not less than four feet in height and length is
provided between the parking area in the driveway and dividing the garage entrance. Generally,
not more than two cars may be stacked.
E. No Parking Permitted in Required Front or Side Yards. Required parking spaces shall not be
located in any required front or side yard, except that detached single household dwellings and
townhouses, and duplexes with physically separated individual driveways, may have one space
located within a driveway area in the required front yard for each parking space located directly
in front of the driveway area and outside of the required front yard.
F. Parking is permitted within required rear yards.
18.46.020 STALL, AISLE AND DRIVEWAY DESIGN
A. Parking Dimensions. The following shall be the minimum parking space dimensions: See also
Figure 18.46.020, Appendix A.
Table 46-1
Width1 Length
Angle Standard Disabled6 Compact5 Standard Disabled Compact5
Aisle
Width
90 9' 13' 8' 18/202 18/202 16' 263
60 9' 13' 8' 18/202 18/202 16' 18/234
45 9' 13' 8' 18/202 18/202 16' 15/234
Notes:
1As measured by a line perpendicular to the stall line at a point on the outside end of the stall, except when the stall is on the inside edge of a curve,
in which case the point of measurement shall be on the inside end of the stall.
2Eighteen feet if measured from a curb on the inside edge of the stall; 20 feet if measured from a painted line on the inside edge of the stall. Stall
length variations are subject to approval by the City Engineer.
3For 90-degree parking, aisles are two-way;
4First number refers to one-way traffic and the second number to two-way traffic. If the aisle is needed as a fire lane, a 20-foot minimum is required.
5Unless otherwise approved, all parking spaces shall be of standard width and length. In any parking facility containing 20 or more parking spaces,
a maximum of 25 percent of the provided parking spaces may be reduced in size for small cars, provided these spaces shall be clearly identified with
a sign permanently affixed immediately in front of each space containing the notation, “Compacts Only.” Where feasible, all small car spaces shall
be located in one or more contiguous areas and/or adjacent to ingress egress points within parking facilities. Location of compact car parking spaces
shall not create traffic congestion or impede traffic flows.
6The first disabled accessible parking stall shall meet the standards of 18.46.040.D.2.a.
7If parking stalls within the interior of a garage space are counted toward a development’s required parking needs, then they shall meet the standard
parking stall width of 9 feet and the standard parking stall length of 20 feet.
B. Within Structures. The off-street parking requirements may be furnished by providing spaces so
designated within the principal building or accessory parking structure. However, no building
permit shall be used to convert the parking structures into a dwelling unit or living area or other
activity until other adequate provisions are made to comply with the required off-street parking
provisions of this title.
C. Circulation Between Bays. Except in the case of one- to three-household dwellings and
individual townhouse units, parking areas shall be designed so that circulation between parking
bays occurs within the designated parking lot and does not depend upon a public street or alley.
Turning radii between bays and additional backup length for dead end aisles shall conform with
requirements of the Uniform Fire Code.
D. Backing Requirements. All required parking must have adequate back-up maneuverability as
specified in Table 46-1. The aisle width calculation may incorporate the width of the public
Ordinance # 1693: Effective March 24, 2007. page 46-2
176223
right-of-way. Except in the case of one- to four-household dwellings and individual townhouse-
style units with individual garages, parking area design which requires backing into the public
street is prohibited. With the exception of residential development, parking area design which
requires backing into the public alley is prohibited.
E. Parallel Parking Spaces. Parallel parking spaces shall be a minimum of 24 feet in length and 7
feet in width measured from the inside edge of a curb or the inside edge of the asphalt if curbing
is not present.
F. Surfacing. Except for one-household development on individual lots, all areas intended to be
utilized for permanent parking space and driveways shall be paved with concrete or asphaltic
concrete, or approved pavers, to control dust and drainage. All proposed parking areas and
driveway improvements shall require a grading and drainage plan approved by the City Engineer.
However, paving shall not be required for permitted and conditional uses in the R-S zoning
districts when all of the following circumstances exist:
1. The use is required to provide fewer than fifteen parking spaces and no loading spaces
under the provisions of this section;
2. The lot or tract on which the use is located is not adjacent to a paved street or road; and
3. The applicant shall enter into an improvements agreement with the City agreeing that the
lot shall be paved within nine months of the time an adjacent roadway is paved.
G. Striping. Except for one- to three-household dwellings and individual townhouse units, all
parking stalls shall be marked with white or yellow painted lines not less than 4 inches wide.
H. Lighting. Any lighting used to illuminate an off-street parking area shall be in compliance with
the lighting restrictions in §18.42.150, BMC.
I. Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic
movement within any parking area. All signs shall conform to the requirements of Chapter
18.52, BMC.
J. Parking Lot Curbing.
1. Except for individual townhouse units and one- to three-household dwellings, all open
off-street parking areas and driveways shall have a 6-inch by 6-inch perimeter concrete
curb around the entire parking lot, including driving access ways. Continuous concrete
curbing shall be built according to standards provided by the City Engineer.
2. Concrete pindown wheel stops may be permitted as an alternative to continuous
concrete curbing in front of parking spaces which front on the perimeter of the parking
lot. However, continuous concrete curbing as described above shall be provided in all
situations where deemed necessary by the City Engineer to control drainage and soil
erosion.
3. Alternative perimeter treatment may be permitted adjacent to snow storage areas subject
to the approval of the City Engineer.
4. Requirements for perimeter curbing shall not preclude opportunities for shared access
between adjacent parking lots.
K. Protruding Vehicles. All onsite parking stalls which abut property lines shall be designed and
constructed such that parked vehicles shall not protrude over property lines.
L. Pedestrian Facilities in Parking Lots. Concrete sidewalks a minimum of 3 feet in width shall be
provided between any existing or proposed building and adjacent parking lot. Where sidewalk
curbs serve as wheel stops, an additional 2 feet of sidewalk width is required.
Ordinance # 1693: Effective March 24, 2007. page 46-3
177224
M. Snow Removal Storage Areas. Snow removal storage areas shall be provided sufficient to store
snow accumulation on site. Such areas shall not cause unsafe ingress/egress to the parking areas,
shall not cause snow to be deposited on public rights-of-way, shall not include areas provided
for required parking access and spaces, and shall not be placed in such a manner as to damage
landscaping. All snow removal storage areas shall be located and designed such that the resultant
stormwater runoff is directed into landscaped retention/detention and water quality
improvement facilities as required by the Engineering Department, or in compliance with any
adopted storm drainage ordinance or best practices manual.
N. Parking and Stacking for Drive In/Drive Through Facilities. Required parking and stacking
spaces for waiting automobiles shall provide a minimum of 2 stalls and 6 spaces for stacking per
lane unless a traffic summary shows that fewer spaces may be required. These spaces shall not
in any manner inhibit on-site or off-site vehicular circulation.
O. Ownership/Leasehold. Required parking lots shall be owned or leased by the owner or lessee of
the building or use being served by such parking. Such parking lots shall be maintained as a
parking lot so long as the building and/or use served is in operation or until another approved
parking area is established for such building or use.
P. Storm Water Drainage. Storm water drainage from parking lots shall be directed into landscaped
detention/retention facilities and water quality improvement facilities as required by the
Engineering Department, or in compliance with any adopted storm drainage ordinance and/or
best practices manual adopted by the City.
18.46.030 MAINTENANCE OF PARKING AREAS
It shall be the joint and separate responsibility of the lessee and owner of the principal use, uses or
building to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping
and required fences or screening.
A. Use of Required Parking Areas for Parking Only. Required off-street parking spaces in any
district shall not be utilized for open storage, sale or rental of goods, storage of inoperable
vehicles, except when permitted as a temporary use.
B. Parking Spaces Identified and Maintained. All residential occupancies shall provide required off-
street parking spaces. When enclosing a carport or garage for storage or living purposes, an
affidavit shall be submitted to the Planning Director identifying the required parking spaces
necessary to comply with §18.46.040, BMC below.
18.46.040 NUMBER OF PARKING SPACES REQUIRED
The following minimum number of off-street, paved parking spaces shall be provided and maintained
by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth.
When calculation of the required parking results in a fraction of a parking space being required, a whole
space shall be provided.
Table 46-2
Dwelling Types Parking Spaces Required per Dwelling
Accessory dwelling unit 1
Efficiency unit / Lodginghouse 1.25
One-bedroom 1.5
Two-bedroom 2
Three-bedroom 3
Dwellings with more than three bedrooms 4
Ordinance # 1693: Effective March 24, 2007. page 46-4
178225
Dwelling Types Parking Spaces Required per Dwelling
Group homes and community residential facilities 1 space per potential guest room
Bed and breakfast 1 space/rental unit
Manufactured Home 2
A. Residential Uses.
1. Minimum Requirements. The number of spaces shown in table 46-2 shall be provided.
In addition to the number of spaces required from the table 46-2, the required number
of disabled parking stalls shall also be provided as required by table 46-6. All site plans
submitted for permit purposes shall identify parking space allocations.
a. One parking space for each 24 uninterrupted linear feet of available street
frontage usable for on-street parking directly adjacent to a lot may be deducted
from the total parking spaces required for a development. The number of on-
street spaces calculated shall not exceed the number of dwellings on the lot. The
width of drive accesses, designated non-parking areas, vision triangles, and
similar circumstances shall not be considered to be available for the purpose of
on-street parking space.
2. Adjustments to Minimum Requirements.
a. Affordable Housing. When calculating the amount of required parking for
affordable housing, as defined in Chapter 18.80, BMC, if the project is
guaranteed for use as affordable housing for a minimum period of 20 years and
the use as affordable housing is subject to long term monitoring to ensure
compliance and continued use as affordable housing, Required parking spaces
shall be calculated based on number of bedrooms outlined in Table 46-2, but
shall not exceed 2 spaces per unit.
b. Residential Uses in Mixed-use Projects. In order to utilize this section, the long
term availability of the nonresidential parking spaces upon which the use of this
section was based shall be assured to the residents of the project. For the
purposes of this section, residential parking shall be calculated as if on-street
parking were available for all dwellings. The use of this section does not preclude
the use of other sections of this title which may have the effect of reducing the
required amount of parking. When calculating the amount of required parking
for residential uses within a mixed-use project the amount of parking may be
reduced subject to one of the following provisions:
(1) A reduction of not more than 50 percent of the required number of
spaces for residential uses may be taken, provided that the number of
spaces which are reduced do not exceed 30 percent of the total spaces
provided for the total project uses. Not withstanding the provisions of
this subsection a minimum of 0.75 parking space per dwelling unit shall
be provided; or
(2) If the nonresidential portions of the project provide 300 percent or more
of the number of off-street parking spaces required by the residential
units, then the number of off-street parking spaces required per
residential unit shall be zero, provided that the occupants of the
residential units are permitted use of the provided nonresidential parking
spaces.
B. Nonresidential Uses.
Ordinance # 1693: Effective March 24, 2007. page 46-5
179226
1. Minimum Requirements. The number of spaces shown in table 46-3 shall be provided.
In addition to the number of spaces required from table 46-3, the required number of
disabled parking stalls required by table 46-6 shall also be provided. All site plans
submitted for permit purposes shall identify parking space allocations.
2. Maximum Parking. Provision of parking spaces in excess of 125 percent of the minimum
number of spaces required for the net floor area in §18.46.040.B, BMC is not permitted.
Table 46-3
Use Type Off-Street or Off-Road Parking Spaces Required
Automobile sales 1 space per 200 square feet of indoor floor area; plus
1 spaces per 20 outdoor vehicle display spaces
Automobile service
and/or repair station 2 spaces per service stall, but no less than 4 spaces
Automobile washing
establishment
a. Automatic
drive-through
b. Self-service
a. 3 spaces or 1 for each employee on maximum shift; plus stacking
space
b. 2 spaces per stall not including washing or drying spaces
Bank, financial
institutions 1 space per 300 square feet of floor area
Bowling alley
4 spaces per alley; plus
2 spaces per billiard table; plus
Church
1 space per 4 persons of maximum occupancy load (as identified in the
International Building Code) for main assembly hall, public assembly areas and
classrooms
Community or
recreation center 1 space per 200 square feet of floor area
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
Elderly (senior citizens)
housing 1 space per unit
Furniture stores over
20,000 square feet 3 spaces per 1,000 square feet of floor area
Golf courses
1 space per 200 square feet of main building floor area; plus
1 space for every 2 practice tees in driving range; plus
4 spaces per each green in the playing area
Hospitals 1 space per bed
Medical and dental
offices
4 spaces for each full time equivalent doctor or dentist; plus
1 space for each full time equivalent employee
Manufacturing and
industrial uses
1 space per 1,000 square feet of floor area, plus
1 space per 2 employees on maximum working shift
Motels, Hotels
Restaurants, bars,
dining rooms
b. Commercial area
c. Public assembly
areas
1.1 spaces per each guest room; plus
1 space per employee on maximum shift; plus spaces for accessory uses as
follows:
a. 1 space per 60 square feet of floor area
b. 1 space per each 400 square feet of floor area
c. 1 space for each 5 seats based upon design capacity, except that total off-street
or off-road parking for public assembly may be reduced by 1 space for every 4
guest rooms
Ordinance # 1693: Effective March 24, 2007. page 46-6
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Use Type Off-Street or Off-Road Parking Spaces Required
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
materials, equipment
rental and similar)
1 space per 500 square feet of sales and /or display area. The size of the sales
and/or display area shall be determined on a case by case basis.
Restaurants, cafes, bars
and similar uses
1 space per 50 square feet of indoor public serving area; plus 1 space per 100
square feet of outdoor (patio) area
Retail store and service
establishments 1 space per 300 square feet of floor area
Sales sites; model
homes 1 space per 150 square feet of model floor areas; plus 1 space per employee
Schools
Elementary and/or
Junior High
1.5 spaces for each classroom, library, lecture hall and cafeteria; plus 1 space for
each 3 fixed seats in the area of public assembly, or 1 space for each 21 square
feet of area available for public assembly if fixed seats are not provided
Schools
a. Senior High
b. Business or similar
school
a. 1.5 spaces for each classroom or lecture hall; plus 1 space per each 5 students;
plus 1 space for each non-teaching employee; plus 1 space per each 3 fixed seats
in the area of public assembly, or 1 space per 21 square feet of area available for
public assembly if fixed seats are not provided
b. 1 space for each 1.25 students
Theater, Auditorium or
similar 1 space per 4 seats based upon place of assembly design capacity
Warehousing, storage
or handling of bulk
goods
1 space per 1,000 square feet of floor area devoted to storage of goods; plus
appropriate spaces to suport accessory office or retail sales facilities at 1 space per
300 square feet of floor are
3. Adjustments to Minimum Requirements. To implement the City’s adopted growth
policy, adjustment of parking requirements within certain areas of the City is desired.
Use of this section shall not be considered as joint use of parking or off-site parking
regulated by §18.46.050 and §18.46.060, BMC nor shall the use of this section preclude
the use of other sections of this title which may have the effect of reducing the required
amount of on-site parking.
a. Neighborhood Commercial. Within zoning districts implementing a
Neighborhood Commercial growth policy designation or the B-3 zoning district,
the parking requirements for non-residential uses may be reduced.
Table 46-4
Use Maximum Allowable Reduction
Retail 40 percent
Restaurant 50 percent
Office 20 percent
All Others 30 percent
Transit
Availability
An additional 10 percent reduction may be taken in circumstances where
the development is within 400 feet of a developed and serviced transit stop.
b. Community Commercial. Within zoning districts lying within a commercial node,
as defined in Chapter 18.80, and implementing a Community Commercial
growth policy designation, the parking requirements for nonresidential uses may
be reduced.
Table 46-5
Ordinance # 1693: Effective March 24, 2007. page 46-7
181228
Use Maximum Allowable Reduction
Retail 10 percent
Restaurant 20 percent
Office 10 percent
All Others 10 percent
Transit
Availability
An additional 10 percent reduction may be taken in circumstances where
the development is within 400 feet of a developed and serviced transit
stop.
C. Exceptions to These Parking Requirements. Because some situations (i.e., existing lots which
have no landscaping, irregular lots, lots with topographic difficulties, etc.) would benefit from an
alternative to the required maximum parking areas; because the community’s appearance could
benefit from additional landscaping, streetscaping and sculptural elements; and because parking
exceptions and/or landscaping would encourage development within existing City boundaries;
the following alternatives may be permitted. These alternatives may be proposed by the
developer for review by the ADR staff. Such proposals may be approved based on a
determination that such alternatives meet the following requirements and will not create a
congested on-street parking situation in the vicinity of the proposal.
1. Landscaping in Lieu of Parking. Except in the B-3 district, property owners have the
option of requesting the deletion of up to 5 required spaces or 10 percent of the required
parking spaces, whichever is less, if 350 square feet of landscaping, trees or streetscaping
is installed on the property for each space so deleted. This shall not decrease the amount
of landscaping that would have been required with full parking, but shall be in addition
to such landscaping. This option shall be approved by the ADR staff. These
improvements must be placed in the public right-of-way or yards directly facing the
right-of-way.
2. Exceptions and Modifications to Parking Requirements in B-3 District. Where all or part
of the required parking spaces can not be provided for a proposed use in the B-3
District, either through ownership or lease of the necessary land, the petitioner may
satisfy the parking requirements by providing an equivalent cash-in-lieu payment
according to the following provisions:
a. No building permit shall be issued, nor shall any use of property be initiated,
unless a satisfactory cash-in-lieu payment is received by the Department of
Finance;
b. The Parking Commission shall review and consider all requests for cash-in-lieu
payments and furnish a written and dated certificate, signed by the Parking
Commission Chairman, authorizing cash-in-lieu payments. A copy of this
certificate shall be presented to the Chief Building Official and Planning Director
before a building permit is issued or the use instituted;
c. For each required parking space not provided, payment shall be made to the City
Finance Department as specified by standard payment requirements established
by the Bozeman Parking Commission;
d. All real property assessed by special improvement district (SID) No. 565, or
other similarly adopted improvement districts designed to provide additional
parking spaces within the B-3 district, shall not be required to provide additional
parking spaces beyond those required at the time of the SID adoption, provided
the use of the real property and improvements remains unchanged from the
initial assessments of SID No. 565, or other similarly adopted improvement
districts;
Ordinance # 1693: Effective March 24, 2007. page 46-8
182229
(1) In the event that a new use or an expansion is initiated on any portion of
real property or improvements subsequent to the assessments for SID
No. 565 or other similarly adopted improvement districts, then parking
space requirements shall be satisfied prior to initiation of those new or
expanded uses.
D. Disabled Accessible Parking Spaces.
1. Disabled parking spaces shall be provided subject to federal standards enumerated in the
Americans with Disabilities Act (ADA) dated January 26, 1992, and Federal Standard
795, (Uniform Federal Accessibility Standards) dated April 1, 1988, Chapter 4
(Accessible Elements and Spaces: Scope and Technical Requirements). Each disabled
parking space shall also be accompanied by a sign stating “Permit Required $100 Fine”.
See Figure 18.46.040.D in Appendix A.
2. All parking lots and facilities shall be subject to current International Building Code
guidelines for accessibility, and shall contain a minimum number of disabled accessible
parking spaces as set forth in the table below:
Table 46-6
Total Parking
in Lot
Required Minimum Number of
Accessible Spaces
Total Parking
in Lot
Required Minimum Number of
Accessible Spaces
1 to 25 1 201 to 300 7
26 to 50 2 301 to 400 8
51 to 75 3 401 to 500 9
76 to 100 4 501 to 1000 2 percent of total
101 to 150 5 1001 and over 20 plus 1 for each 100 over 1000
151 to 200 6
a. The first accessible parking stall provided, and one in every eight accessible
spaces provided thereafter, shall have an aisle 8 feet wide (rather than 5 feet) and
shall be signed “van accessible.”
b. Accessible spaces shall be located as near as practical to a primary entrance(s)
and shall be designated as those spaces closest to the primary entrance(s) to a
facility. Parking spaces and access aisles shall be level with slopes not exceeding
1:50 in all directions and shall be maintained in an ice and snow free condition.
c. The minimum number of accessible parking spaces shall be in addition to any
other required parking spaces.
3. All accessible parking spaces shall be designated as reserved for the disabled by a sign
showing the symbol of accessibility at each space. Such signs shall not be obscured by a
vehicle parked in the space. Signs and symbols painted on the pavement as the only
means of identification do not meet this requirement. See Figure 18.46.040.D in
Appendix A.
a. Raised signs shall be located at a distance no greater than 5 feet from the front of
each accessible space and shall be subject to review and approval by the Planning
Department.
4. Provision of an accessible path of travel from each disabled accessible parking space to
the entrance of the facility shall include ramped access where necessary and an
unencumbered minimum 3-foot wide walk, sidewalk or ramps. The accessible path of
travel shall be a paved, smooth surface, free of defects or design features that would
restrict, inhibit or unreasonably impede the movement of a physically disabled individual.
Ordinance # 1693: Effective March 24, 2007. page 46-9
183230
a. The least possible slope shall be used for any ramp. The maximum slope of a
ramp in new construction shall be 1: 12, cross slopes shall not exceed 0.25 inch
per foot. The maximum rise for any run shall be 30 inches.
5. Exceptions: Group R occupancies, per the most recently adopted International Building
Code definition, containing three or less dwelling units or congregate residences
accommodating ten persons or less.
6. Prior to occupancy, the applicant or their representative shall certify compliance with the
requirements of subsection D of this section.
E. Bicycle Racks Required. All site development, exclusive of those qualifying for sketch plan
review per Chapter 18.34, BMC, shall provide adequate bicycle parking facilities to
accommodate bicycle-riding residents and/or employees and customers of the proposed
development. Bicycle parking facilities will be in conformance with standards recommended by
the Bozeman Bicycle Advisory Board.
18.46.050 JOINT USE OF PARKING FACILITIES
A. Up to 80 percent of the parking facilities required by this chapter for a church, civic center,
performing arts center, or for an auditorium incidental to a public or parochial school may be
supplied with the off-street parking facilities of the following daytime uses: banks, business
offices, retail stores, personal service shops, household equipment or furniture shops, clothing
or shoe repair or service shops, manufacturing, wholesale and similar uses.
B. Shared parking may be requested if parking can be provided to serve two (2) or more individual
land uses without conflict or encroachment. The Planning Director may make a determination
for shared parking arrangements based on a traffic survey or traffic impact study for the site(s)
based on the following:
1. At a minimum, a traffic survey or traffic impact study must examine for all potential
uses: trip generation, hours of operation, quantity of required parking spaces, quantity of
spaces that will be filled during peak hour periods, and any unusual events that may
occur during the year that will exceed the average parking requirement. The study must
indicate that adequate parking exists to meet the demand of potential uses served as well
as meet technical requirements as specified by the Planning Director.
2. The parties sharing parking spaces shall enter into a long-term joint use agreement
revocable with City Commission approval, running with the term of the designated uses.
C. Conditions Required for Joint Use.
1. The building or use for which application is being made to utilize the off-street parking
facilities provided by another building or use shall be located within 1,000 feet of such
parking facilities as measured by the route of travel from the nearest parking space to the
commonly used entrance of the principal use served;
2. The applicant shall show that there is no substantial conflict in the operating hours of
the two buildings or uses for which joint use of off-street parking facilities is proposed;
and
3. A properly drawn legal instrument, executed by the parties concerned for joint use of
off-street parking facilities, duly approved as to form and manner of execution by the
City Attorney, shall be filed with the Clerk of the Commission and recorded with the
County Clerk and Recorder.
Ordinance # 1693: Effective March 24, 2007. page 46-10
184231
18.46.060 OFF-SITE PARKING
Any off-site parking which is used to meet the requirements of this title shall be reviewed by the
Planning Director for compliance with this title and shall be subject to the conditions listed below.
A. Off-site parking shall be developed and maintained in compliance with all requirements and
standards of this title;
B. Reasonable access from off-site parking facilities to the use being served shall be provided;
C. The site used for meeting the off-site parking requirements of this title shall be under the same
ownership as the principal use being served, under public ownership, or shall have guaranteed
permanent use by virtue of a perpetual lease filed with the Clerk of the Commission and the
County Clerk and Recorder;
D. Off-site parking for one-household and two-household dwellings shall not be permitted;
E. Off-site parking for multiple household dwellings shall not be located more than 100 feet from
any commonly used entrance of the principal use served;
F. Off-site parking for nonresidential uses shall not be located more than 1,000 feet from the
commonly used entrance of the principal use as measured by the route of travel from the nearest
parking space to the commonly used entrance of the principal use served and shall not be
located in residential districts; and
G. Any use which depends upon off-site parking to meet the requirements of this title shall
maintain ownership or provide evidence of a long-term lease agreement, revocable with City
Commission approval, running with the term of the designated use, for parking utilization of
the off-site location.
Ordinance # 1693: Effective March 24, 2007. page 46-11
185232
CHAPTER 18.48
LANDSCAPING
18.48.010 PURPOSE AND INTENT
A. Purpose and Intent. The process of development, with its alteration of the natural topography
and vegetation, and creation of impervious cover can have a negative effect on the ecological
balance of an area by causing or accelerating the processes of runoff, erosion and sedimentation.
The economic base of Bozeman can and should be protected through the preservation and
enhancement of the area’s unique natural beauty and environment. Recognizing that the general
objectives of this chapter are to promote and protect the health, safety and welfare of the public,
these landscaping regulations are adopted as part of this title for the following specific purposes:
1. To aid in stabilizing the environment’s ecological balance by contributing to the process
of air purification, oxygen regeneration, groundwater recharge, stormwater runoff
retardation, and improvement of water quality, while at the same time aiding in noise,
glare and heat abatement;
2. To provide visual buffering between land uses of differing character by placing screening
vegetation;
3. To enhance the beauty of the City by expanding and strengthening the urban forest and
providing a diversity of vegetation within the City;
4. To protect the character and stability of residential, business, institutional and industrial
areas by establishing minimum landscaping standards;
5. To preserve the value of land and buildings by protecting and enhancing the aesthetic
character of the community;
6. To conserve energy by providing windbreaks, shade and temperature moderation;
7. To retard the spread of noxious weeds by encouraging a vigorous desirable plant
community within the City;
8. To enhance the appearance of the entryways into the City by providing high-quality
landscaping which complements architecture;
9. To encourage a pleasant and safe environment for pedestrians by placement of
boulevard trees and other interesting visual features; and
10 To encourage the conservation of water by rewarding the use of low water demand
landscaping.
18.48.020 INTERPRETATION AND SCOPE
A. The provisions of this section shall apply to a lot or site when an application is being made for:
1. Site development approval pursuant to Chapter 18.34, BMC;
2. Signs pursuant to Chapter 18.52, BMC where landscaping is required; or
3. Restoration of a building that has been damaged or destroyed by fire, explosion, flood,
tornado, riot, act of the public enemy or accident of any kind. For purposes of this
paragraph, “restoration” means the act of putting back into a former or original state,
only.
B. Not withstanding the application of subsection A above, these provisions shall not apply to the
following:
Ordinance # 1693: Effective March 24, 2007. page 48-1
186233
1. Lots containing residential uses subject to sketch plan review when located outside
entryway corridors, except that such lots shall be subject to §18.48.050.A and E,
§18.48.070 and §18.48.100 of this chapter;
2. Lots or sites within a planned unit development which has been approved with its own
landscape plan. However, these provisions shall be used as the basis for determining the
landscaping plans for future planned unit developments and such planned unit
development landscaping plans shall meet or exceed the standards of these landscape
regulations; or
3. Lots or sites which are designed, reviewed and approved according to the deviation
provisions specified in §18.48.080 of this chapter.
18.48.030 GENERAL LANDSCAPING PROVISIONS
A. Designation of Artificial Lot.
1. All the lots and building sites described in §18.48.020.A of this chapter shall be subject to
landscaping provisions, however if a building site is over two acres in size, the applicant
may request that the Planning Director create an artificial lot to satisfy the requirements
of §18.48.040 of this chapter.
2. The Planning Director shall not create an artificial lot which would, in his/her opinion,
violate the spirit of these landscape regulations. An artificial lot must:
a. Wholly include the area on which the development is to occur; and
b. Have an area that does not exceed 50 percent of the area of the original site.
B. An artificial lot need not be platted, however it must be designated on plans approved by the
Planning Director or City Commission prior to the issuance of a building permit.
C. Landscape plans shall include the information required by §18.78.100, BMC.
D. Vegetation may only be used to satisfy the requirements of this chapter when it is located on the
same zone lot as the development depicted on the landscape plan.
18.48.040 LANDSCAPE PLAN REVIEW
A. The City Commission or other party designated to conduct reviews by this title shall review each
landscape plan to determine whether or not it complies with the requirements of this section.
B. All landscape plans must comply with the mandatory landscape provisions in §18.48.050 of this
chapter.
C. In addition, all landscape plans must earn a minimum number of points as specified in
§18.48.060 of this chapter. Points are awarded for specified landscape features and elements
based upon their relative value or merit. The alternatives for achieving the minimum points
needed for approval are provided in §18.48.060 of this chapter, Landscape Performance
Standards.
18.48.050 MANDATORY LANDSCAPING PROVISIONS
A. Yard Landscaping Required. For all uses in all districts, unless otherwise provided by specific
approval through design review procedures, all front, side and rear yards, and those areas subject
to §18.48.050.E, BMC, exclusive of permitted access drives, parking areas and accessory
structures, shall be landscaped as defined in this title. All landscaped areas shall be perpetually
maintained in a healthy condition.
1. For purposes of defining yard landscaping requirements, the terms “yard, front yard, side
yard and rear year” means the space between the actual building, parking lot, or other
Ordinance # 1693: Effective March 24, 2007. page 48-2
187234
structure (not the building setback line) and the adjacent lot line, which is open and
unoccupied from the ground upward or from the ground downward other than by steps,
walks, terraces, driveways, lamp posts and similar structures, and unobstructed by
structures, except as otherwise provided in this title.
B. Additional Screening Requirements. The site plan or other approval authority may require
additional screening when it is determined to be in the best interest of the affected properties.
Such additional screening may be required between existing and/or future:
1. One-household and multi-household developments or apartment buildings;
2. Multi-household and multi-household developments or apartment buildings;
3. Residential and nonresidential uses; or
4. Nonresidential uses of differing character and/or intensity.
C. Parking Lot Landscaping.
1. For purposes of defining parking lot landscaping requirements, the term “parking lot”
means the area within the perimeter of the paved portion of the parking lot, including
driving aisles but not including drive accesses and parking stalls in front of garages where
the use of one or more spaces within the garage is assigned to a particular dwelling. The
provisions of this subsection do not apply to parking areas, as defined in Chapter 18.80,
BMC, provided within a building or parking structure.
2. All surface parking lots on the building site or artificial lot, whichever is applicable, shall
be landscaped in accordance with the following paragraphs which describe landscaping
requirements in addition to the yard landscaping requirements for the site:
a. Parking Lot Screening Required.
(1) All parking lots located on a lot with a residential adjacency must be
screened from that residential adjacency;
(2) All parking lots located between a principal structure and a public street,
except in M-1 and M-2 districts, must be screened from the public street;
and
(3) The screening required under paragraphs (1) and (2) above shall be not
less than 4 feet in width and shall be maintained at a height of 4 to 6 feet
except as otherwise restricted by fence and hedge height limits within
required front yards and street vision triangles.
b. Large canopy trees, large noncanopy trees or small trees must be provided in, or
within 20 feet of, the parking lot at a minimum average density of:
(1) One large canopy tree; or
(2) One large noncanopy tree and 1 small tree; or
(3) Three small trees for each 9 parking spaces required or provided,
whichever is greater.
c. No parking space may be located more than 90 feet from the trunk of a tree.
d. No tree may be planted closer than 4 feet to the paved portion of the parking lot.
e. Additionally, any parking lot providing 15 or more parking spaces shall have a
minimum of 20 square feet of landscape area within the parking lot for each off-
street parking space in the lot provided as follows:
(1) The interior parking lot landscaping shall be designed to facilitate, control
and denote proper vehicular circulation patterns;
(2) Internal parking lot landscaping provided shall be proportionately
dispersed so as to define aisles and limit unbroken rows of parking to a
Ordinance # 1693: Effective March 24, 2007. page 48-3
188235
maximum of 100 feet, with landscaped areas provided in an appropriate
scale to the size of the parking lot; and
(3) The minimum width and/or length of any parking lot landscaped area
shall be 8 feet.
f. The above standards are minimum mandatory standards. The provisions of
§18.48.060 of this chapter require additional vegetation or other landscape
features for receipt of performance standard points.
D. Screening of Offstreet Loading Spaces.
1. All offstreet loading spaces on a lot with residential adjacency must be screened from
that residential adjacency.
2. In all districts, except M-1 and M-2 districts, all offstreet loading spaces on a lot must be
screened from all public streets adjacent to that lot.
3. The screening required under paragraphs 1 and 2 must be at least 6 feet in height.
E. Street Frontage Landscaping Required.
1. Except in R-S districts, all street rights-of-way contiguous to or within the proposed
development site not used for street pavement, curbs, gutters, sidewalks or driveways
shall be landscaped, as defined in this title, and shall include one large canopy tree for
each 50 feet of total street frontage rounded to the nearest whole number. When this
requirement conflicts with other requirements of this title or other portion of the
Bozeman Municipal Code the Planning Director may relax this standard to reach an
optimal balance in public interests.
a. Acceptable large canopy shade trees for use in public rights-of-way are those
accepted by the Forestry Department. Street trees must meet the arboricultural
specifications and standards of Chapter 12.30, BMC. The Forestry Department,
in cooperation with the Bozeman Tree Advisory Board, publishes a pamphlet
listing acceptable species and proper planting methods. Prior to planting street
trees, a permit from the Forestry Department is required.
2. Where it may be impractical or difficult to plant large canopy trees within the public
right-of-way (due to the presence of overhead power lines, for instance) the requirement
for one large canopy tree for each 50 feet of street frontage may be substituted with two
small ornamental trees per 50 feet of total street frontage. Acceptable small ornamental
trees for use in public rights-of-way are those accepted by the Forestry Department.
3. The minimum quantity of trees and other landscaping required and provided in the
public right-of-way as described herein shall be designed to complement onsite
landscaping and to enhance the proposed development project and the streetscape.
F. Street Median Island Landscaping. All street median islands approved through a plan review
process shall be landscaped according to requirements determined through the plan review
process.
G. Acceptable Landscape Materials.
1. Generally acceptable plant materials shall be those identified as hardy in Zones 1 through
3. The characteristics of the zones are described in The Western Garden Book, Sunset
Publishing Corporation, 1995. Alternatives may be considered upon a case by case basis.
However, in the case of street frontage landscaping as required in §18.48.050.E above,
acceptable tree species shall be limited to those approved by the Forestry Department.
2. No artificial plant materials may be used to satisfy the requirements of this chapter.
Ordinance # 1693: Effective March 24, 2007. page 48-4
189236
3. Plant materials used to satisfy the requirements of this chapter must comply with the
following minimum size requirements at the time of installation (depending on the
standard measuring technique for the species):
a. Large canopy and noncanopy trees must have either:
(1) For deciduous trees a minimum caliper of 1.5 inches to 2 inches; or
(2) For evergreen trees a minimum height of 8 feet.
b. Small canopy and noncanopy trees must have either:
(1) For deciduous trees a minimum caliper of 1 inch; or
(2) For evergreen trees a minimum height of 6 feet.
c. All other nonturf plantings shall meet American Nursery and Landscape
Association standards.
4. For purposes of subsection G.3 of this section, height is measured from the top of the
root ball or, if the plant is in a container, from the top soil level in the container.
H. Protection of Landscape Areas.
1. Perimeter parking lot treatment as required in §18.46.020.J, BMC shall be installed to
protect landscape areas adjacent to parking lots.
2. Landscaped areas within parking lots (i.e., landscape islands or peninsulas) must be
protected from vehicular traffic through the use of continuous concrete curbs, or other
permanent barriers approved by the City Engineer. Railroad ties, rolled asphalt, pin
down wheel stops or similar methods of curbing are not acceptable methods of
landscape protection within parking lots.
I. Irrigation Standards.
1. Permanent irrigation systems shall be provided to all landscaped areas. The use of hose
bibs on the exterior of existing or proposed structures is not an acceptable method of
landscape irrigation unless the landscaped area is adjacent to the existing or proposed
structure.
2. All irrigation systems and landscaped areas shall be designed, constructed, operated and
maintained so as to promote water conservation and prevent water overflow or seepage
into the street, sidewalk or parking areas.
J. Required Use of Trees. All landscape plans must include, for each yard with a residential
adjacency, at least one of the performance standards in §18.48.060.B of this chapter that requires
the use of one or more trees.
K. Coordination with Utilities. In order to prevent damage to both vegetation and public utility
lines, all trees and other large vegetation shall be planted no closer than the minimum distance
specified in the City of Bozeman Design Standards and Specifications Policy.
L. Maximum Allowable Slope or Grade.
1. The finish grade of all landscaped areas, including but not limited to, required yards,
parking lot landscape islands, open space areas, plaza areas, watercourse corridors,
landscaped areas adjacent to sidewalks, public trials or pathways, and any storm
water facilities proposed in required yards, dedicated parkland, or open space areas
shall not exceed a slope of 25% grade (4 run : 1 rise).
2. The slope percent is computed by dividing the vertical distance by the horizontal
distance multiplied by 100. The degree of slope is equal to the tangent of vertical
distance over horizontal distance (refer to Figure 18.48.050.L of the Appendix).
3. The Planning Director may vary the maximum allowable slope of 25% grade to
protect existing topographical or natural features (i.e., watercourse, wetlands, mature
Ordinance # 1693: Effective March 24, 2007. page 48-5
190237
vegetation) associated with a site. Alternatives to exceeding the maximum allowable
slope of 25% may include terracing, retaining walls, architectural appurtenances,
landscape features, or a combination thereof that will achieve a greater design quality
and enhanced landscape features.
4. All landscaped areas to be finished in grass that exceed a maximum allowable slope
of 25% grade shall be installed as turf sod, or hydro-seed. If hydro-seed is utilized,
additional erosion control fabric (i.e., matting or blanket), or equivalent thereof) shall
be provided to ensure a stable slope for a minimum of one (1) calendar year while the
vegetation becomes established.
18.48.060 LANDSCAPE PERFORMANCE STANDARDS
A. In addition to complying with the mandatory landscape provisions in §18.48.050 of this chapter,
all landscape plans must earn a minimum number of points as specified below. Points are
awarded for specified landscape features and elements based upon their relative value or merit.
1. The minimum number of points needed for landscape plan approval by zoning district is
as follows:
Table 48-1
Zoning District Lot With Residential Adjacency
(as defined in §18.80.1730, BMC)
Lot Without Residential
Adjacency
All districts not listed below 23 15
B-1 18 15
B-3 (“core area” as defined in §18.18.010.C.1) 13 (0) 13 (0)
PUD site plans 23 15
Residential PUD non-site specific open space
plans shall meet or exceed the standards of these
landscaping regulations unless a specific
relaxation has been granted
15 15
Commercial PUD non-site specific open space
plans shall meet or exceed the standards of these
landscaping regulations unless a specific
relaxation has been granted
23 15
2. The points required under §18.48.060.A.1 above may be earned by enhancing mandatory
yard landscaping through a combination of one or more of the methods provided for in
subsections B, C, and D of this section. The landscaping required by §18.48.050, BMC,
except subsection E for boulevard trees, may be used to meet the requirements of this
section
B. Yard Landscaping Enhancement. When considering whether landscaping meets the
requirements of this section, groupings must be placed in such a fashion as to be related and
mutually supportive of design quality and be placed so as to allow the healthy development of
maturing vegetation.
1. Points may be earned for use of certain vegetation types as follows:
Ordinance # 1693: Effective March 24, 2007. page 48-6
191238
a. Three points are awarded for the installation of 50 percent or greater of the
surface area of the yard with drought tolerant species of herbaceous perennials,
and grasses accepting of maintenance by annual mowing and limited irrigation;
b. Three points are awarded for the installation of drought tolerant species for
greater than 50 percent and less than 75 percent of the number of trees and
shrubs;
c. Five points are awarded for the installation of drought tolerant species for 75
percent or greater of the number of trees and shrubs; and
d. One point shall be awarded for each mature tree existing on-site over 6 inches in
caliper which is preserved by the proposed design of the site development. In
order to utilize this subsection, the tree must have remaining life expectancy of at
least 20 years and be protected from damage during construction. Caliper shall
be measured at 1 foot above grade.
2. Five points per yard (up to fifteen points maximum) are awarded when the landscaped
yard contains, for each 50 linear feet of each landscaped yard, one or more of the plant
elements in both columns A and B below:
Table 48-2
Column A Column B
1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs
1 large noncanopy tree 2 small ornamental trees
2 small ornamental trees 2 large evergreen trees
6 evergreen shrubs
6 deciduous shrub
a. The required plant elements from columns A and B above may be arranged in
any combination meeting the quantity requirements of §18.48.060.B, BMC.
3. In the case of a lot with residential adjacency only, eight points are awarded for
providing vegetative screening in the landscaped yard with residential adjacency in
accordance with the following subparagraphs:
a. The screening must be of natural vegetation at least 6 feet in height;
b. The screening must extend along the entire length of the portion of the
landscaped yard where a residential adjacency exists, exclusive of:
(1) Public street frontage;
(2) Driveways and accessways at points of ingress and egress to the lot; and
(3) Street vision triangles;
c. However, no points are awarded for screening required by §18.48.050.B, BMC
unless the required screening is constructed of earthen berm or evergreen plant
materials;
d. If screening is provided by an earthen berm or evergreen plant materials, the
following additional regulations apply:
Ordinance # 1693: Effective March 24, 2007. page 48-7
192239
(1) An earthen berm must be planted with groundcover. The earthen berm
may not have a slope that exceeds 1 foot of rise for each 2 feet of run
and must be at least 4 feet high, including planting materials, subject to
front yard and street vision triangle height limitations.
(2) Evergreen plant materials must:
(a) Be located in a bed that is at least 3 feet wide;
(b) Be placed a maximum of 48 inches on center over the entire
length of the bed unless an alternative planting density that a
landscape architect certifies as being capable of providing a solid
appearance within three years is approved; and
(c) Provide a visual barrier of the required height within three years
of their initial planting;
4. Two points may be awarded when foundation plantings obscuring not less than 70
percent of the building perimeter, exclusive of entrys, are provided.
5. One point (up to five points maximum) is awarded when the landscaped roof contains,
for each 500 square feet of landscaped roof, one or more of the plant elements in both
columns A and B of Table 48-2. In order to qualify, a landscaped roof shall meet all
requirements of this title including at least 75 percent coverage with live vegetation and
permanent irrigation.
C. Non-vegetative Special Features.
1. Five points are awarded if the commercial building is located on the site so that 50
percent or more of the street facade of the building is within a distance of 3 feet or less
from the required front building line, i.e. front yard setback line, as defined in Chapter
18.80, BMC;
2. A maximum of eight points may be awarded when a site is graded and/or terraced
utilizing natural stone or prefabricated decorative masonry retaining wall material as a
drystack or mortared wall. In order to qualify for the points available in this section the
wall portion must:
a. Be 5 percent of the length of the total perimeter of the lot or artificial lot for
each two points to be awarded;
b. Have a vertical face surface of at least 1 foot along the length of the area to be
considered for (a) above;
c. Be integrated with other landscaping materials and grading on the site; and
d. Be complementary to the overall grading of the site and the activities and
architecture contained on the site;
3. Up to a maximum of five points may be awarded as follows;
a. One point is awarded for each stone boulder not smaller than 3 feet in diameter
which is integrated with other landscaping;
b. One point is awarded for each 9 cubic feet of original, freestanding, permanent
sculpture which is integrated with other landscaping.
4. One point is awarded for each 1 percent increment of lot area covered by publicly
accessible special pedestrian facilities and features such as plazas, courtyards, covered
walkways, fountains, lakes, streams and ponds, seating areas, and outdoor recreation
facilities, up to a maximum of five points.
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D. Parking Lot Landscaping.
1. Ten points are awarded when all surface parking lots, as defined in Chapter 18.80, BMC
on the building site or artificial lot, whichever is applicable, are landscaped in accordance
with all of the following paragraphs in addition to that landscaping required in
§18.48.050, BMC:
a. The parking lot must contain one of the plant groups from §18.48.060.B.2 of this
section at an average density of one group, plus an additional one large canopy
tree within 20 feet of the parking lot, for each required sixteen parking spaces;
and
b. No required parking space may be located more than 70 feet from the trunk of a
large canopy tree.
18.48.070 LANDSCAPING OF PUBLIC LANDS
A. City of Bozeman Rights-of-Way and Parks.
1. General.
a. Tree planting permits shall be obtained from the Forestry Department prior to
installation of trees in City rights-of-way or parks.
b. Drought tolerant grass seed shall be planted in these areas.
2. External Streets, Open Space, and Parks. The developer shall be responsible at the time
of initial development for installing vegetative ground cover, boulevard trees and an
irrigation system in the public right-of-way boulevard strips along all external perimeter
development streets and adjacent to public parks or other open space areas.
a. Prior to installing landscaping in City of Bozeman rights-of-way or parks, the
developer shall submit a landscaping plan to the superintendent of public lands
and facilities for review and approval. The landscaping plan shall be prepared by
a qualified landscaping professional meeting the requirements of this chapter.
Tree planting permits shall be obtained before any tree is placed on public land.
b. Wells shall be used to irrigate landscaping in these areas.
3. Adjacent to Individual Lots. When individual parcels are developed, the individual
property owners shall be responsible for installing landscaping and street trees within the
public right-of-way boulevard strips adjacent to their property, and providing for
irrigation, in compliance with §18.48.050.E.1, BMC.
B. Maintenance.
1. Maintenance of landscaping installed within the boulevard portion of the public right-of-
way, with the exception of tree trimming and tree removal, shall be the responsibility of
adjacent property owners.
2. A developer shall be responsible for irrigating and maintaining landscaping along
external streets and landscaping adjacent to parks or other opens space areas until 50
percent of the lots are sold. Thereafter, the property owners association shall be
responsible for maintaining and irrigating these landscaped areas. The property owners
association may with the City’s approval establish an improvement district to collect
assessments to pay for the irrigation and maintenance.
3. The City shall accept responsibility for the maintenance of all other required landscaping
installed in accordance with approved site plans within the public right-of-way or on
other public lands.
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B. State of Montana Rights-of-Way. Landscaping shall be installed along state rights-of-way, in the
same manner described in §18.48.070, BMC provided that the Montana Department of
Transportation has reviewed and approved the proposed landscaping plan. Maintenance of
landscaping installed within the boulevard portion of the public right-of-way shall be the
responsibility of adjacent property owners unless a different responsibility is established by the
encroachment permit.
18.48.080 DEVIATION FROM LANDSCAPING REQUIREMENTS
A. To achieve the optimal landscape design on individual sites, or to coordinate the landscape
design in an area, it may be necessary to deviate from the strict application of landscaping
requirements. An application for such deviation shall be processed through the pertinent design
review authority and approved by the City Commission.
B. The application for deviation shall be subject to the submittal and procedural requirements of
this title, and shall be accompanied by written and graphic material sufficient to illustrate the
conditions that the modified standards will produce, so as to enable the City Commission to
determine that the deviation will produce an environment, landscape quality and character
superior to that produced by the existing standards, and will be consistent with the intent and
purpose of this chapter. Upon such a finding, the City Commission may authorize within the
Neighborhood Conservation and Entryway Corridor overlay districts deviations of up to 20
percent from landscape design standards contained herein.
18.48.090 LANDSCAPING COMPLETION
All landscaping must be completed or secured in accordance with the provisions of Chapter 18.74,
BMC.
18.48.100 GENERAL MAINTENANCE
A. Required landscaping must be maintained in a healthy, growing condition at all times. The
property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing,
pruning and other maintenance of all plantings as needed. However, the City Forestry
Department is responsible for pruning or removing any tree in a City right-of-way or park. Any
plant that dies must be replaced with another living plant that complies with the approved
landscape plan. Failure to maintain required landscaping in a healthy growing condition at all
times may result in revocation of an occupancy permit. When enforcing this provision of this
title, external factors such as seasonality and availability of landscape stock shall be considered
before any action to revoke an occupancy permit is taken.
B. Any damage to utility lines, resulting from the negligence of the property owner or his agents or
employees in the installation and maintenance of required landscaping in a utility easement, is
the responsibility of the property owner. If a public utility disturbs a landscaped area in a utility
easement, it shall make every reasonable effort to preserve the landscaping materials and return
them to their prior locations after the utility work. If, nonetheless, some plant materials die, it is
the obligation of the property owner to replace the plant materials.
Ordinance # 1693: Effective March 24, 2007. page 48-10
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CHAPTER 18.50
PARK AND RECREATION REQUIREMENTS
18.50.010 GENERAL
Except as provided in §18.50.020.B of this chapter, all subdivisions and residential developments subject
to Chapter 18.34, BMC, shall comply with the provisions of this chapter.
18.50.020 PARK AREA AND OPEN SPACE REQUIREMENTS
A. The area required by §18.50.020.A shall be provided. The required area or its equivalent may be
provided by any combination of land dedication, cash donation in-lieu of land dedication, or an
alternative authorized by §18.50.100, BMC, subject to the standards of this title.
1. When the net residential density of development is known, three-one-hundredths (0.03)
acres per dwelling unit of land shall be provided.
a. When the net residential density of development is known at the time of
preliminary plat and net residential density is in excess of eight dwellings per
acre, the requirement for dedication for that density above eight dwellings per
acre shall be met with a cash donation in-lieu of the additional land unless
specifically determined otherwise by the City Commission.
b. These requirements are based on the community need for parks and the
development densities identified in the growth policy and this title.
c. Net residential density of development is known when a plat or site plan depicts
a set number of lots and the final number of residential units at full buildout can
be reasonably determined.
d. The required area dedication or its equivalent shall not be required for any
residential density in excess of the following:
(1) For development within the R-1, R-2, and R-MH zoning districts, the
maximum net residential density shall be 10 dwellings per acre.
(2) For development within the R-3, R-4, and R-O zoning districts, the
maximum net residential density shall be 12 dwellings per acre.
(3) For development within other zoning districts not previously specified
and developed for residential uses, the maximum net residential density
shall be 12 dwellings per acre.
OR
2. If net residential density of development is unknown, .03 acres per dwelling of land
dedication or its equivalent shall be provided as follows:
a. For initial subdivision or other development:
(1) For development within the R-1, R-2, and R-MH zoning districts an area
equal to that required for six dwellings per net acre.
(2) For development within the R-3, R-4, and unless legally restricted from
residential uses R-O zoning districts, an area equal to that required for
eight dwellings per net acre.
(3) For development within other zoning districts not previously specified
and which are intended for residential development, the equivalent to an
Ordinance # 1693: Effective March 24, 2007. page 50-1
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area dedication for six dwellings per net acre shall be provided as cash-in-
lieu.
b. For subsequent development when net residential density becomes known, the
net residential density per acre shall be rounded to the nearest whole number and
applied as follows:
(1) For development within the R-1, R-2, and R-MH zoning districts the
land area equivalent for the additional net residential density not to
exceed a total, including prior dedications, of 10 dwellings per acre shall
be provided as cash-in-lieu.
(2) For development within the R-3, R-4, and R-O zoning districts the land
area equivalent for the additional net residential density not to exceed a
total, including prior dedications, of 12 dwellings per acre shall be
provided as cash-in-lieu.
(3) For development within other zoning districts not previously specified
and developed for residential uses for the additional net residential
density not to exceed a total, including prior dedications, of 12 dwellings
per acre shall be provided as cash-in-lieu.
3. Applicability to Site Plans. Section 18.50.020.A.2, BMC, shall not apply to subsequent
site plan development located within major subdivisions which received preliminary plat
approval after July 1, 1973 and which received final plat approval prior to October 1,
2005.
B. Exceptions. Land dedication or cash donation in-lieu of land dedication shall not be required
for:
1. A minor subdivision.
2. Land proposed for subdivision into parcels larger than 5 acres.
3. Subdivision into parcels which are all nonresidential.
4. A subdivision in which parcels are not created, except when that subdivision provides
permanent multiple spaces for recreational camping vehicles or manufactured homes.
5. A subdivision in which only one additional parcel is being created.
6. An application reviewed under §18.34.050, BMC.
C. Residential site plans:
1. For residential site plans for five or more dwelling units, does the configuration of open
space otherwise required by this title provide for a minimum of 150 square feet of
PRIVATE landscaped area per dwelling unit suitable for active recreational activities.
Such required areas shall be configured in one or two areas not less than 600 square feet
each, with a relationship between the length and width of such area(s) to not exceed 3:1,
a slope of 10 percent or less, and without non-recreational structures or
detention/retention ponds. Properties adjacent to a park, trail or other open space
amenity shall be configured in such a manner as to complement and relate to the
adjacent open space facilities.
2. For residential site plans unless otherwise provided through the subdivision or planned
unit development review process, is an amount of park land or its equivalent equal to
that required by §18.50.020, BMC for the proposed number of dwelling units set aside
within the project boundaries, and configured for active recreational use by the residents
Ordinance # 1693: Effective March 24, 2007. page 50-2
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of the project; or has the developer proposed to provide its equivalent as may otherwise
be allowed by this title.
18.50.030 CASH DONATION IN-LIEU OF LAND DEDICATION
A. The City Commission may determine whether the park dedication must be a land dedication,
cash donation in-lieu of land dedication or a combination of both. When making this
determination, the City Commission shall consider the following:
1. The desirability and suitability of land for parks and playgrounds based on size,
topography, shape, location or other circumstances; and
2. The expressed preference of the developer.
B. When a combination of land dedication and cash donation in-lieu of land dedication is required,
the cash donation may not exceed the proportional amount not covered by the land dedication.
C. Cash donation in-lieu of land dedication shall be equal to the fair market value of the amount of
land that would have been dedicated. For the purpose of these regulations, the fair market value
is the value of the unsubdivided, unimproved land after it has been annexed and given an urban
zoning designation. The City intends to obtain the highest value for cash-in-lieu of parkland
that is allowable under Montana law.
1. It shall be the responsibility of the developer to provide an appraisal of the fair market
value by a certified real estate appraiser of their choosing. The appraisal fee shall be the
responsibility of the developer.
2. When a land value must be established for cash-in-lieu of land dedication to satisfy the
requirements of §18.50.020, BMC, and the value of the land in an unsubdivided,
unimproved, but annexed and zoned condition can not reasonably be determined, the
developer may provide an appraisal of residentially zoned property with a zoning
designation that allows the density of dwellings proposed for development.
3. The appraisal provided for the purpose of §18.50.030, BMC shall be conducted not
sooner than 90 days prior to the submittal of an application for final plat or final site
plan approval.
D. Where a cash donation has been accepted in-lieu of land dedication, the amount of cash
donation shall be stated on the final plat or plan as appropriate.
E. Where a cash donation has been accepted in-lieu of land dedication, the City Commission shall
record in the meeting minutes why the dedication of land for parks and playgrounds was
undesirable.
F. Use of Cash Donations.
1. The City Commission shall use a cash donation for development or acquisition of parks
to serve the development.
2. The City Commission may use the cash donation to acquire or develop parks or
recreational areas within its jurisdiction or for the purchase of public open space or
conservation easements, only if:
a. The park, recreational area, open space or conservation easement is within a
reasonably close proximity to the proposed development; and
b. The City Commission has formally adopted a Citywide park plan that establishes
the needs and procedures for use of the cash donation.
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18.50.040 PARK USE
As part of an individual Park Master Plan, the developer shall indicate the proposed use of the park as
active, passive, playground, ballfield, etc. However, the final use of the park shall be determined by the
City Commission.
18.50.050 LOCATION
A. General. The City Commission or Planning Director, in consultation with the developer,
Recreation and Parks Advisory Board, and the Planning Board if applicable, may determine
suitable locations for parks and playgrounds. Park land must be located on land suitable to and
supportive of the activities and functions depicted in the relevant park plan, and unless the park
plan indicates a requirement for another configuration, should be kept in a large block.
B. Subarea or Neighborhood Plans. If a subarea or neighborhood plan has been adopted for the
area, the subdivision shall comply with the subarea or neighborhood plan for the location of
parks.
18.50.060 FRONTAGE
Park land shall have frontage along 100 percent of its perimeter on public or private streets or roads.
The City may consider and approve the installation of streets along less than 100 percent, but not less
than 50 percent, of the perimeter when:
A. Necessary due to topography, the presence of critical lands, or similar site constraints; and
B. 1. When direct pedestrian access is provided to the perimeters without street frontage; and
2. When additional land area is provided in the park to accommodate the off-street parking which would
have otherwise been provided by the additional length of perimeter streets and the additional land is
developed as a parking area; or
3. When additional land area is provided in the park to accommodate the off-street parking which would
have been provided by the additional length of perimeter streets and, in lieu of the constructed parking
area, an equivalent dollar value of non-parking improvements within the park are provided according to
the individual park plan.
18.50.070 LINEAR PARKS
A. General. If consistent with a growth policy or Citywide park plan, and if reviewed and approved
by the City Commission, linear parks shall be dedicated to the City to provide corridors for
recreation pathways as defined in §18.50.110, BMC.
1. Pathway corridors within required watercourse setbacks shall not be dedicated to the
City as linear parks and such land may not be used to satisfy park land dedication
requirements. Instead, cash donation in-lieu of land dedication credit shall be granted
only for the cost of constructing Class II or III recreational trails if public access is
provided. The developer shall provide a detailed cost estimate for installation of the
trail, for review and acceptance by the City, to determine the cash donation credit.
a. Within required watercourse setbacks, a public access easement that is at least 25
feet in width shall be provided to ensure adequate room for the construction,
maintenance and use of the trail.
B. Width. To ensure adequate room for pathway construction, maintenance and use, linear parks
shall be at least 25 feet in width.
C. Maintenance. These areas shall be maintained in accordance with §18.50.110.E, BMC until an
alternative method (e.g., a Citywide parks maintenance district) of funding and maintaining the
linear park is established.
Ordinance # 1693: Effective March 24, 2007. page 50-4
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18.50.080 PARK DEVELOPMENT
A. General. Developers shall consult any adopted Citywide park plan, and with the Recreation and
Parks Advisory Board which implements the plan, to determine the types of parks needed for
the proposed development and surrounding area. Parks shall be developed in accordance with
the Citywide park plan and any approved Park Master Plan. At a minimum, all parks shall be
improved to the following standards by the developer, prior to final plat or final occupancy
approval as appropriate:
1. Minimum Required Improvements Land Dedications. The subdivider shall be
responsible for leveling any park area(s), amending the soil, seeding disturbed areas to
allow mowing with turf type mowers, and installing an underground irrigation system in
compliance with City standards and specifications.
a. Parks shall be seeded with drought tolerant grass seed.
2. Irrigation. The developer shall be responsible for irrigating the park area(s) until 50
percent of the subdivision lots or condominium units are sold. Thereafter, the property
owners association shall be responsible for park irrigation. The property owners’
association could establish an improvement district to collect assessments to pay for
irrigation.
a. Wells shall be used to irrigate park land.
B. Boundaries. The park boundary bordering all private lots shall be delineated at the common
private/public corner pins, with flat, flexible fiberglass posts, a minimum of 6 feet in length with
no less than 2 feet driven into the ground. Each post must be labeled with a permanent glue on
sign stating “Park Boundary” or “Property Boundary”. Other forms of boundary marking may
be approved by the Planning or other appropriate department.
C. Sidewalks. Sidewalks, when required within the development, shall be installed by the developer
at points where the park borders or crosses public or private streets.
D. Storm Water Detention/Retention Ponds. Stormwater retention or detention ponds may be
located within public park land, but such areas shall not count towards the park land dedication
requirement. Any stormwater ponds located on park land shall be designed, constructed and/or
added to so as to be conducive to the normal use and maintenance of the park. Storm water
ponds shall not be located on private lots. Stormwater retention or detention ponds shall be
maintained by the property owners association.
E. Clean Up Required. The park area must have all fencing material, construction debris and other
trash removed.
18.50.090 WAIVER OF PARK MAINTENANCE DISTRICT
When required, the developer shall sign, and file at the County Clerk and Recorders Office, a waiver of
right to protest the creation of park maintenance district(s). The waiver shall be filed with the final
subdivision plat, or recorded at the time of other final approval.
18.50.100 WAIVER OF REQUIRED PARK DEDICATION
The City Commission shall waive the park dedication or cash donation in-lieu of land dedication
requirement if land equal to or exceeding the area of the dedication otherwise required by this chapter is
set aside by one of the following means:
A. The proposed development provides long-term protection of critical wildlife habitat; cultural,
historical, archeological or natural resources; agricultural interests; or aesthetic values;
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B. The proposed development provides for a planned unit development or other development with
land permanently set aside for park and recreational uses sufficient to meet the needs of the
persons who will ultimately reside in the development;
C. The development is a land subdivision created by rent or lease (i.e., manufactured housing
communities and recreational vehicle parks) with land permanently set aside for parks or
playgrounds within the subdivision for rent or lease for the common use of the residents of the
development;
1. These park or playground areas shall be maintained by the property owners association.
D. The developer provides for land outside of the subdivision to be set aside for park and
recreational uses sufficient to meet the needs of the persons who will ultimately reside in the
subdivision.
1. The land being developed shall be within the service area, as designated by an adopted
Citywide park plan, of the dedicated park land; and
2. The developer must dedicate the off-site park land to the City of Bozeman;
OR
The developer must execute the appropriate public access easements on privately-owned
land. The easements shall be held by the City of Bozeman. The City of Bozeman’s
responsibilities for park land dedicated by easement shall be the same as for fee simple
park land dedication.
E. The developer provides land outside the development that affords long-term protection of
critical wildlife habitat; cultural, historical, archeological or natural resources; agricultural
interests; or aesthetic values; and the area of the land to be subject to long-term protection
equals or exceeds the area of the dedication otherwise required by this chapter.
F. A subdivider may dedicate land to School District 7 to provide some or all of the land area
required by § 18.50.020 BMC. The area dedicated to the school district may be used for school
facilities or buildings, including but not limited to play grounds or other recreational facility. Any
dedication to the school district shall be subject to the approval of the City Commission and
acceptance by the Board of Trustees of School District 7.
1. In approving a dedication of land to the school district the City Commission shall make
affirmative findings that:
a. Adequate public park land already exists within the vicinity of the dedicating
subdivision to meet service standards established by the City’s parks master plan;
b. The land is located within the city limits or within one mile of city limits;
c. The school district has established a facility plan to demonstrate how the
dedicated property will be utilized;
d. The school district’s facility plan shall describe any coordination intended for
joint use of the property by the School District and the City; and
e. The option for cash-in-lieu of land described in §18.50.030, BMC shall not be
used in place of a land dedication to the School District.
2. It shall be noted in a certificate on the plat and in any deed to the land that if School
District 7 later chooses to dispose of the property, it shall revert to the City of Bozeman
to be used for park purposes. The land shall be transferred to the City from School
District 7 with clear title and in a condition meeting the minimum development
standards for parks established in §18.50.080, BMC.
Ordinance # 1693: Effective March 24, 2007. page 50-6
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G. If a tract of land is being developed under single ownership as a part of an overall plan, and part
of the tract has previously been subdivided or developed, and sufficient park land dedication or
cash donation in-lieu of land dedication has been provided from the area that has been
previously subdivided or developed to meet the requirements of this section for the entire tract
being developed, the City Commission shall issue an order waiving the land dedication and cash
donation requirements for the subsequently developed area.
18.50.110 RECREATION PATHWAYS
A. General. Developers shall install pathways in accordance with this title, the growth policy, the
Greater Bozeman Area Transportation Plan Year 2001 Update, any adopted Citywide park plan,
and any adopted Park Master Plan, and shall comply with City of Bozeman design specifications.
B. Pathway Categories. The DRC shall be responsible for determining whether a pathway is a
transportation pathway or a recreation pathway. For subdivision proposals, this determination
shall be made during the pre-application process.
1. Recreation Pathways. The City Commission may require developers to install recreation
pathways, to provide recreational and physical fitness opportunities within the
development, as part of the required development improvements. Recreation pathways
include the following facilities:
a. Pathways that do not connect major residential, employment, educational or
service nodes;
b. Pathways that connect parks, but do not connect major residential, employment,
educational or service nodes;
c. Pathways that are not ADA accessible due to topography;
d. Pathways located within parks; and
e. Class II and III trails.
2. Transportation Pathways. For the definition of transportation pathways, please see
§18.44.110, BMC.
C. Related Facilities. If pathways are proposed or required, stream crossings and other similar
improvements, where necessary, shall be installed. Bridge design and construction shall comply
with City specifications and standards, and shall be submitted to the Planning Department for
review and approval. Any necessary permits for bridges shall be obtained by the developer from
the appropriate agency prior to installation of the stream crossings.
D. Trail Requirements. The class of the trail shall be determined by the Recreation and Parks
Advisory Board, and the trail shall be designed and constructed according to any adopted park
or recreation plan or other City specifications and standards. Trails and bridges must meet
Americans with Disabilities Act (ADA) specifications for recreational facilities and maintain a
natural appearance. Trail plans and specifications shall be submitted to the Planning
Department for review and approval prior to installation.
E. Pathway Maintenance. Recreation pathways within the proposed development shall be
maintained, in conformance with an approved maintenance plan, by the developer until 50
percent of the lots or condominium units are sold. Thereafter the property owners association
shall be responsible for maintenance. The property owners association could establish an
improvement district to collect assessments to pay for the maintenance.
F. Pathway Easements. Where pathways cross private land or common open space, the proper
public access easements shall be provided. Public access easements for pathways shall be at least
25 feet wide.
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G. Linear Parks. Corridors for recreation pathways may be dedicated to the City in accordance with
§18.50.070, BMC.
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CHAPTER 18.52
SIGNS
18.52.010 INTENT AND PURPOSES
It is the intent and purpose of this chapter to promote the health, safety and welfare of the residents and
visitors of the City of Bozeman by regulating and controlling the size, location, type, quality of materials,
height, maintenance and construction of all signs and sign structures not located within a building for
the following reasons:
A. To preserve the Bozeman area’s natural scenic beauty;
B. To contribute to inviting entrances into Bozeman by eliminating clutter associated, in part, with
the unrestricted proliferation of signs, lights and stringed devices;
C. To encourage area beautification through creative, interrelated design of signage, landscaping,
buildings, access and parking that enhances the community’s built and natural environment;
D. To give all businesses an equal opportunity to have a sign that will help people find the services
they need; and
E. To ensure that pedestrians and motorists are protected from damage or injury caused or partly
attributable to the distractions and obstructions which are caused by improperly situated signs.
The City Commission intends to provide a reasonable balance between the right of an individual
to identify their business and the right of the public to be protected from the visual discord that
results from the unrestricted proliferation of signs. Sections 18.28.070 and 18.30.080, BMC
establish certain exemptions, and alternative procedures utilizing design review. The
deliberations and decisions of the design review shall be directed to accomplish the intent and
purpose of this section. It is determined that the regulations contained herein are the minimum
necessary to further the interests of this title.
18.52.020 SIGN PERMIT REQUIREMENTS
If a sign requiring a permit under the provision of this chapter is to be placed, constructed, erected or
modified on a zone lot, the owner of the lot shall secure a sign and building permit prior to the
construction, placement, erection or modification of such a sign. Furthermore, the property owner shall
maintain in force, at all times, a permit for such sign. No permit of any kind shall be issued for an
existing sign or proposed sign unless such sign is consistent with the requirements of this chapter.
18.52.030 PROHIBITED SIGNS
All signs not expressly permitted under this chapter, or exempt from regulation, are prohibited in the
City. Such signs include, but are not limited to:
A. Portable signs (except as allowed under Title 12, Chapter 22, BMC);
B. Roof signs;
C. Revolving signs;
D. Beacons, spot lights;
E. Flashing, blinking, or animated signs, electronic messaging signs except for time and temperature
or incidental signs as defined in Chapter 18.80, BMC;
F. Pennants, streamers, wind socks, pinwheels, or similar items;
G. Stringed flags;
H. Inflatable signs and tethered balloons (except as permitted per §18.52.040, BMC); and
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I. Signs located in public rights-of-way (except for those permitted in §18.52.050.C and
§18.52.060.D.4, BMC).
18.52.040 PERMITTED TEMPORARY AND SPECIAL EVENT SIGNS
Temporary and special event signs, such as banners, tethered balloons and inflatable signs, but excluding
those subject to §18.52.050, BMC, shall be allowed only as follows:
A. Special event signs are permitted in the zones described in §18.52.060.A and §18.52.060.B, BMC.
B. Applicants for temporary signs shall apply for, and have approved, a temporary sign permit
C. All temporary signs shall comply with size, height, and location requirements of this chapter.
D. For special commercial events, temporary signs shall be displayed for a consecutive period not
to exceed fifteen days, for a maximum of thirty days per calendar year, from January 1 to
December 31. There shall be a period of at least seven days between each fifteen day display
period.
E. Grand opening temporary signs may be may be displayed for an period not to exceed 60 days,
additional temporary signs shall not be allowed until the next calendar year. Only one grand
opening temporary shall be permitted for the life of the business. A subsequent grand opening
banner may be permitted when business ownership has transferred to another owner, or when
the business moves to a new location on a different zone lot.
F. Temporary signs that identify a new business may be displayed until the business erects a
permanent sign, only if the business is in the process of obtaining a permanent sign, or 60 days,
whichever comes first. If the business has had a temporary sign in this instance, the business
will be allowed 30 more days of temporary signage, but not a grand opening temporary sign.
G. Itinerant vendors shall receive information about allowable temporary signs at the time they
apply for a business license, but no permit is required if the itinerant vendor is operating less
than 7 days.
H. Temporary signs that are seasonal in nature, such as garden greenhouses, boat showrooms, or
ski rental, may apply for a long term temporary sign which may be approved for a period not to
exceed 180 days.
I. Businesses may promote events in the community, such as the County Fair or Sweet Pea, by
applying for and receiving a temporary sign permit for their location. When notice of the event
and non-sponsorship related information occupies more than 75 percent of the banner area,
such a temporary sign will not count in their temporary and special event signage limit of 30 days
a year.
18.52.050 SIGNS EXEMPT FROM PERMIT REQUIREMENTS
The following signs shall be exempt from the permitting requirement but must comply with the criteria
for signs allowed by this section:
A. Residential Zones ( R-S, R-1, R-2, R-3, R-4, RMH).
1. Temporary, nonilluminated, real estate sale, political campaign and other noncommercial
speech signs that do not exceed 9 square feet in total area and, if freestanding, 5 feet in
height. No more than one such sign per street frontage.
2. Businesses working at a residentially zoned lot, such as landscapers or window treatment
installers, may post an identifying sign only when they are physically at the residence, and
the sign shall be removed immediately when the working party leaves the property. Such
sign shall not exceed 9 square feet in total area and, if free standing shall not exceed five
feet in height. Not more than one such sign per street frontage per lot is allowed.
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B. Commercial and Manufacturing Zones (R-O, B-1, B-2, B-3, M-1, M-2, BP, PLI, HMU).
1. Window signs painted on the window or physically affixed to the interior of a window,
provided that such signs do not occupy more than 25 percent of the area of the window
in which it is displayed. If it exceeds 25 percent of the area of the window, it will be
classified as a wall sign.
2. Signs within a structure or building or other enclosed area of property when such signs
are not legible when viewed from outside the structure or property.
3. Temporary non-illuminated, real estate sale, for rent or lease, political campaign,
noncommercial speech signs shall not exceed 32 square feet in size, shall be no more
than 5 feet high and shall be at least 5 feet from the property line. Only one sign of each
candidate or other type and subject per street frontage per lot is allowed.
4. Political signs may be erected 60 days prior to the scheduled date of the primary election
and must be removed not later than 7 days after the candidate is unsuccessful, withdraw,
or the general election, whichever comes first.
5. Development and Construction Signs shall not exceed 32 square feet in size, shall be no
more than 5 feet high and shall be at least 5 feet from the property line. All parties to
the development, including but not limited to, banks, architects, contractors, developers,
future occupants of the lot, real estate agent, landscape company shall be on a single sign
per street frontage per lot.
6. Four on-premises directional signs not exceeding 4 square feet in area and 5 feet in
height which shall not contain any commercial messages.
C. All Zones.
1. Government and Public Utility Signs. Directional, warning, street, building identification,
traffic control, informational or temporary special event signs that are erected, installed
or placed by or on behalf of any federal, state, county or city government. Public utility
signs showing locations of underground facilities or public telephones, and safety signs
on construction sites, are included within this exemption.
2. Incidental Signs. A sign, generally informational, that has a purpose secondary to the use
of the zone lot on which it is located, such as “no parking,” “entrance,” “loading only,”
and other similar directives. No sign with a commercial message, which is designed with
the intent to be legible from a position off the zone lot on which the sign is located, shall
be considered incidental.
18.52.060 SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT
The following on-premise signs are permitted in the indicated zones subject to a sign permit:
A. Commercial, Manufacturing, and Public Land Zones ( B-2, B-3, M-1, M-2, BP, PLI, HMU). A
lot in a B-2 district is permitted total signage not to exceed 400 square feet. The maximum
allowable total signage in the other districts listed herein shall not exceed 250 square feet per lot.
A comprehensive sign plan is required for all commercial centers consisting of two or more
tenant spaces on a lot and shall be designed in accordance with §18.52.070, BMC.
1. Freestanding Signs. One freestanding sign is permitted per zoned lot. The maximum area
for a freestanding sign shall be 32 square feet. A low profile freestanding sign shall be set
back a minimum of 5 feet with a maximum height of 5 feet. A pole-style freestanding
sign shall be set back a minimum of 15 feet with a maximum height of 13 feet. The pole-
style sign will maintain at least an 8-foot minimum vertical clearance from the ground.
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2. Wall Signs. Wall signs are not to exceed a total signage allowance of 1.5 square feet per
linear foot of building frontage minus any area devoted to freestanding or projecting
signs. Canopy, window and awning signs shall be classified as wall signs. Wall signs shall
not project above the top of a wall or parapet. Lots fronting on two or more streets shall
be permitted an additional 35 percent of the already permitted wall sign area for each
subsequent building frontage.
3. Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed 8
square feet in area nor extend more than 4 feet from the building. In the B-3 district,
projecting signs shall not exceed 12 square feet in area nor extend more than 6 feet from
the building. Projecting signs shall provide a minimum sidewalk clearance of 8 feet.
B. Business and Office Zones (B-1, R-O). The maximum allowable total signage for a lot with one
building shall not exceed 80 square feet in a B-1 district or non-residentially planned R-O
district, the maximum allowable total signage for a lot with two or more buildings shall not
exceed 160 square feet in a B-1 district or non-residentially planned R-O district and 32 square
feet in a residential planned R-O district. A comprehensive sign plan is required for all
commercial centers consisting of two or more tenant spaces on a lot. Such plans shall be
designed in accordance with this section.
1. Low Profile Freestanding Signs. One low profile sign not to exceed 32 square feet in area
in the B-1 district, and 12 square feet in area in the R-O district. In both the B-1 and the
R-O districts, the low profile sign shall have a minimum setback of 5 feet and a
maximum height of 5 feet. Pole-style freestanding signs are not permitted in the B-1 and
R-O zones.
2. Wall Signs. Wall signs in the B-1 district are not to exceed a total signage allowance of 1
square foot per linear foot of building frontage minus any area devoted to freestanding
or projecting signs. Wall signs in the R-O district are not to exceed a total signage
allowance of 0.5 of a square foot per linear foot of building frontage minus any area
devoted to freestanding and/or projecting signs. Canopy, window and awning signs
shall be classified as wall signs. Wall signs shall not project above the top of a wall or
parapet. Lots fronting on two or more streets shall be permitted an additional 35 percent
of the already permitted wall sign area for each subsequent building frontage.
3. Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed 8
square feet in area nor extend more than 4 feet from the building. Projecting signs shall
provide a minimum sidewalk clearance of 8 feet.
4. Subdivision Identification Signs. For residential subdivisions consisting of more than
four residential units, one low profile, freestanding, neighborhood identification sign per
development entrance is allowed. Each sign shall not exceed 16 square feet in area or 5
feet in height from the finished grade. The sign must be setback at least 5 feet from the
property line.
5. Residential Building Identification Signs. For properties used for multi-household
residential buildings, one residential identification wall sign per street frontage. Each sign
shall not exceed 8 square feet in area.
C. Residential Zones (R-S, R-1, R-2, R-3, R-4, RMH).
1. Subdivision Identification Signs. For residential subdivisions consisting of more than
four residential units, one low profile, freestanding, neighborhood identification sign per
development entrance is allowed. Each sign shall not exceed 16 square feet in area or 5
feet in height from the finished grade. The sign must be setback at least 5 feet from the
property line.
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2. Residential Building Identification Signs. For properties used for multi-household
residential buildings, one residential identification wall sign per street frontage. Each sign
shall not exceed 8 square feet in area.
3. Signs Appurtenant To Residential Principal and Conditional Uses and Home
Occupations.
a. Principal residential uses and home occupations shall be permitted commercial
message signage not to exceed 4 square feet in area and shall not be located in
any required setback area. In addition, home occupations shall be permitted 1
square foot signs on a mailbox or lamp post or 1.5 square feet of freestanding
signage located a minimum of 5 feet from the property line.
b. Principal residential uses shall be permitted noncommercial speech signs which
do not exceed 30 square feet in area nor 5 feet in height. Such sign(s) must be
setback at least 15 feet from the property line.
c. Conditional nonresidential type uses, such as churches, veterinary uses, golf
courses, day care centers and schools shall be permitted signage as if the
underlying zoning were B-1. Conditional residential type uses such as bed and
breakfast homes, and fraternity and sorority houses, shall be permitted signage as
if the underlying zoning were R-O. Such signs may only be illuminated during
the hours of operation.
4. Planned Unit Developments. Commercial establishments within planned unit
developments where the underlying zoning is residential shall be permitted signage as if
the lot were in a B-1 zone.
D. Special Districts And Zones. The guidelines for the underlying zoning districts apply unless
otherwise addressed below.
1. Neighborhood Conservation Overlay District. Within this district, all signage is subject
to issuance of a Certificate of Appropriateness. If the applicant is not requesting sign
deviations, the sign application will be reviewed by ADR staff. If the applicant is
requesting deviations, the sign application shall be subject to review by the Design
Review Board and the City Commission.
2. Entryway Overlay District. Signage may exceed the underlying zoning district limitations
by up to 20 percent upon review and approval of a deviation by the City Commission,
upon the recommendation of the Design Review Board, and upon receipt of a
Certificate of Appropriateness.
3. Interchange Zone. Signage may exceed the maximum total sign area permitted by
§18.52.060, BMC by up to 25 percent upon review and approval of a deviation by the
City Commission, upon the recommendation of the appropriate design review advisory
body, and upon receipt of a Certificate of Appropriateness. Each lot shall be permitted
one freestanding sign.
a. Low Profile Signs. One low profile sign per zoned lot. The maximum area for a
low profile sign shall be 40 square feet. The sign shall be setback a minimum of 5
feet with a maximum height of 8 feet.
b. Pole-Style Signs. A pole-style freestanding sign shall be set back a minimum of
15 feet and will maintain at least an 8-foot minimum vertical clearance. Pole-style
signs shall not exceed a total area of 40 square feet or 16 feet in height, provided
however, that for every 2 feet said sign is set back from 15 feet beyond the street
right-of-way, the height measured at grade may be increased 1 foot, not to
exceed a total of 32 feet, and the area may be increased by 2.5 square feet for
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every 2 feet that said sign is set back 15 feet beyond the street right-of-way up to
a maximum of 120 square feet.
4. Main Street Historic District. Permits for signs that encroach into the public right-of-way
shall be obtained from the City Manager’s office in City Hall.
18.52.070 COMPREHENSIVE SIGN PLAN
A comprehensive sign plan shall be submitted for all commercial, office, industrial and civic uses
consisting of two or more tenant or occupant spaces on a lot or two or more lots subject to a common
development permit or plan. A comprehensive sign plan shall not be approved unless it is consistent
with this chapter, the underlying zoning regulations applicable to the property and any discretionary
development permit or plan for the property. The plan should include the size and location of buildings
and the size and location of existing and proposed signs. The purpose of the plan is to coordinate
graphics and signs with building design. The coordination shall be achieved by:
A. Using the same type of cabinet supports or method of mounting for signs of the same type;
using the same type of construction for components, such as sign copy, cabinet and supports;
using other types of integrating techniques, such as common color elements, determined
appropriate by the Planning Director.
B. Using the same form of illumination for all signs, or by using varied forms of illuminations
determined compatible by the Planning Director.
18.52.080 MULTITENANT COMPLEXES WITH LESS THAN 100,000 SQUARE FEET OF
GROUND FLOOR AREA
The guidelines for the underlying zoning districts apply unless otherwise addressed below:
A. The maximum permitted wall sign area allowed for each tenant space shall be the percentage of
the total floor area on the zoned lot that the tenant occupies multiplied by the wall area allowed
by §18.52.060.A.2 or §18.52.060.B.2, BMC. If the lot has more than one building frontage, the
individual tenant space may derive sign area only from the frontage(s) which the space faces.
Lots under this section shall be allowed a low profile sign that identifies the complex, which
otherwise conforms to this chapter, in addition to the sign area already permitted under
§18.52.060.A.2or §18.52.060.B.2, BMC.
18.52.090 MULTITENANT COMPLEXES WITH MORE THAN 100,000 SQUARE FEET
OF GROUND FLOOR AREA
The guidelines for the underlying zoning districts apply unless otherwise addressed below:
A. Freestanding Signs.
1. Pole-style Signs. One pole-style sign per street frontage not to exceed 48 square feet in
area or 16 feet in height. The sign area computed for a pole-style sign shall not be
subtracted from the maximum allowable wall signage permitted for the entire complex.
2. Low Profile Signs. One low profile sign shall be permitted at each secondary entrance of
the complex, provided each sign shall not exceed 32 square feet in area, not 5 feet in
height, and must be setback a minimum of 5 feet from the property lines. All low profile
signs shall only identify the complex and must display the street number address in
figures which are at least 6 inches high. Low profile signs complying with these
regulations will not be factored when calculating the maximum permitted wall sign area.
B. Wall Signs. Each tenant shall be permitted wall signage square footage calculated from 1.5 times
the linear store frontage. For the maximum allowable total signage, please see §18.52.060.A or
§18.52.060.B, BMC.
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18.52.100 INDOOR SHOPPING MALL COMPLEXES WITH MORE THAN 100,000
SQUARE FEET OF GROUND FLOOR AREA
The guidelines for the underlying zoning districts apply unless otherwise addressed below:
A. Freestanding Signs.
l. Pole-style Signs. One pole-style sign per street frontage not to exceed 48 square feet in
area or 16 feet in height. The sign area computed for a pole-style sign shall not be
subtracted from the maximum allowable wall signage permitted for the entire complex.
2. Low Profile Signs. One low profile sign shall be permitted at each secondary entrance of
the complex, provided each sign shall not exceed 32 square feet in area, nor 5 feet in
height, and must be setback a minimum of 5 feet from the property lines. All low profile
signs shall only identify the complex and must display the street number address in
figures which are at least 6 inches high. Low profile signs complying with these
regulations will not be factored when calculating the maximum permitted wall sign area.
B. Wall Signs. Each anchor tenant occupying 20,000 square feet or more shall be permitted 300
square feet of wall signage. Each tenant with an exclusive outdoor customer entrance shall be
permitted wall signage square footage calculated from 5 percent of the ground floor area.
18.52.110 ILLUMINATION
A. Illumination, if any, shall be provided by artificial light which is constant in intensity and color.
Internally illuminated “can signs” are acceptable provided background and copy are coordinated
to avoid excessive light output. Neon and other gas type transformers shall be limited to 60
milliamperes and fluorescent transformers shall be limited to 800 milliamperes to soften light
output. Additionally, neon and other gas type signs with exposed tubing shall be equipped with
dimmers.
B. Externally illuminated wall-mounted and pole signs shall be lighted by fixtures mounted at the
top of the sign and aimed downward; ground-mounted sign lighting may only be used for
monument style signs. Fixtures used to illuminate signs shall be aimed so as not to project their
output beyond the sign.
18.52.120 STREET VISION TRIANGLES
Signs shall not be placed in sight vision triangles as they are established in §18.44.100, BMC.
18.52.130 REQUIRED ADDRESS SIGNS
Street numbers shall be required for all residential, commercial, industrial, and civic uses in all zones,
consistent with the requirements of the Fire Department. All freestanding signs shall display the address
of the lot in 6-inch numbers.
18.52.140 BILLBOARDS AND OTHER OFF-PREMISE ADVERTISING
Off-premises commercial advertising signs are not permitted within the Bozeman City limits except as
permitted by state or federal law.
18.52.150 SIGNS ERECTED IN CONJUNCTION WITH NONPROFIT ACTIVITIES ON
PUBLIC PROPERTY
Signs erected on public property in support of nonprofit activities, such as signs advertising sponsors of
youth and sports activities, shall be allowed only as follows:
A. The sign(s) shall be permitted only at developed facilities in public parks or other publicly owned
lands.
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B. The sign(s) may be erected two weeks prior to the commencement of the activity and shall be
removed within two weeks after the cessation of the activity for which the sign(s) were erected.
C. Each individual sign shall be no larger than 32 square feet. Freestanding signs must be setback a
minimum of 15 feet from the property line with a maximum height of 5 feet. Signs attached to
walls or scoreboards shall not be subject to the 5 foot height limitation. However, signs attached
to walls or scoreboards shall not exceed the height of the wall or scoreboard to which they are
attached. All signs shall be oriented towards spectators attending the activity who are at the
facility.
D. The sign(s) shall not:
1. Advertise alcoholic beverages or tobacco products;
2. Be individually illuminated; nor
3. Be placed in sight vision triangles or otherwise impede or obstruct the view of the
traveling public.
E. Applicants for such sign(s) must apply for, and have approved, a special temporary sign permit
detailing the nature of the sign(s) to be erected and the duration the sign(s) will remain in place.
Applications and review procedures shall be made as per §18.52.170, BMC.
18.52.160 HISTORIC OR CULTURALLY SIGNIFICANT SIGNS
Signs which have historical or cultural significance to the City but do not conform to the provisions of
this chapter, maybe permitted provided that the City Commission adopts findings supporting the
historical or cultural significance of the sign and issues a sign permit. Such findings shall be adopted by
resolution of the City Commission.
18.52.170 APPLICATION
An application for a sign shall be made on forms provided by the Planning Department. The application
shall contain sufficient information and plans to permit review pursuant to this chapter, including but
not limited to: building elevations; photographs; proposed locations of signs on building elevations; sign
design layout showing number, types and dimensions of all signs; and a site plan showing proposed
location of all signs. An applicant may appeal the denial of permit request pursuant to the provisions of
Chapter 18.66, BMC.
18.52.180 MAINTENANCE OF PERMITTED SIGNS
All signs shall be continuously maintained in a state of security, safety and repair. Abandoned signs and
sign support structures shall be removed. If any sign is found not to be so maintained, or is in need of
repair or has been abandoned, it shall be the duty of the owner and the occupant of the premises to
repair or remove the sign within fourteen calendar days after receiving written notice to do so from the
Planning Director. If the sign is not so repaired or removed within such time, the Planning Director
shall cause the sign to be removed at the expense of the owner of the premises.
18.52.190 NONCONFORMING SIGNS
A. The eventual elimination of existing signs that are not in conformity with the provisions of this
chapter is as important as the regulation of new signs. Except as otherwise provided herein, the
owner of any zone lot or other premises on which exists a sign that does not conform with the
requirements of this chapter and for which there is no prior, valid sign permit shall remove such
sign.
B. All signs which were legally permitted prior to June 22, 1997 are considered legal, permitted
signs under this chapter. Except as provided for in subsection C of this section, said sign, if
nonconforming with this chapter, may not be:
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1. Replaced except with a conforming sign;
2. Changed in copy (except for signs specifically designed to be changed in copy, such as
readerboards with changeable letters);
3. Structurally altered to extend its useful life; or
4. Expanded, moved or relocated.
C. No legal, nonconforming sign may be altered or enlarged in any way which increases its
nonconformity, but any existing signage, or portions thereof, may be altered by decreasing its
nonconformity (except as provided in subsection D below).
D. Any lot with a nonconforming sign may not add additional signage until all signs on the lot are
brought into conformance with this chapter. Any site modification that requires a certificate of
appropriateness, site plan review or reuse application will necessitate compliance for all existing
and proposed signage on the lot.
E. Notwithstanding any other provision of this chapter, no sign shall be subject to any limitation
based on the content of the message contained on such sign. Any sign authorized in this chapter
may contain noncommercial copy in lieu of any other copy.
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CHAPTER 18.56
BOZEMAN WETLAND REGULATIONS
18.56.010 TITLE
These regulations shall be known as the Bozeman wetland regulations and may be cited as the wetlands
regulations.
18.56.020 INTENT AND PURPOSE
A. Wetlands perform many important ecological functions. It is the intent and purpose of this
chapter to protect, preserve and enhance wetlands to provide the following functions:
1. Aquifer recharge;
2. Water storage;
3. Regional stream hydrology (discharge and recharge);
4. Flood control and storage;
5. Sediment control (filter for waste);
6. Nutrient removal from urban runoff; and
7. Erosion control.
B. Wetlands provide important values that enhance the quality of life of community residents. It is
the intent of this chapter to protect, preserve and enhance wetlands to provide the following
values:
1. Habitat for fish, wildlife and plants (including endangered and threatened);
2. Recreation;
3. Open space;
4. Visual and aesthetic;
5. Education and research; and
6. Historical, cultural and archeological resources.
C. Wetlands can present significant constraints to development. Wetlands typically form in areas
characterized by poor drainage conditions which are ill-suited for most types of development.
Development in these areas often involves extra expense resulting from considerations for site
drainage, flood protection and facility maintenance. In addition, wetlands are characterized by
hydric soils that are unstable for most types of development. Hydric soils tend to compress
under the weight of structures and decompose when drained. Therefore, costs of development
may be greater due to complex engineering design requirements, or the need to excavate and
replace the soils. It is the intent of these regulations to protect public and private facilities and
structures from damage, and to minimize public and private development and maintenance
costs.
D. It is not the intent of this chapter to prohibit all activities within regulated areas, but rather to
encourage the avoidance of regulated activities within the regulated areas and to require best
management practices in regulated areas.
E. Nothing in this chapter shall be construed to prevent irrigation companies from diverting and
carrying water under historic water rights or owners of such rights from exercising those historic
rights.
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F. Nothing in this chapter shall be construed to prevent compliance with applicable state or federal
statutes and regulations.
18.56.030 APPLICATION OF WETLAND REGULATIONS
A. These regulations shall apply to any regulated activity which may impact wetlands as indicated
on the Bozeman Area Wetland Map or discovered through the development review process, and
verified through a site-specific wetlands boundary determination. When any regulated activity is
proposed, and the Bozeman Area Wetland Map indicates that wetlands are present on the
subject tract or if wetlands are discovered through the development review process, a wetlands
boundary determination shall be conducted. If the determination finds that there are no
wetlands present on the subject tract, these regulations shall not apply. If, however, wetlands are
found on the subject tract the proposal shall be subject to these regulations. The provisions of
this chapter shall be applied in addition to any other applicable regulations of this title.
1. The wetlands boundary determination shall be prepared in accordance with the Federal
Manual for Identifying and Delineating Jurisdictional Wetlands (January, 1987).
B. Isolated wetlands with a size of less than 400 square feet, regardless of property boundaries, are
exempt from this chapter unless the wetland provides habitat for the following species:
1. Plant, animal or other wildlife species listed as threatened or endangered by the United
States Fish and Wildlife Service; and/or
2. Plant, animal or other wildlife species listed as a Species of Concern, Species of Potential
Concern, or Species on Review by the Montana Department of Fish, Wildlife and Parks
and the Montana Natural Heritage Program.
C. Any development for which the watercourse setback requirements of §18.42.100, BMC are
provided is considered to have addressed the concerns of this chapter and is exempt from this
chapter.
D. This chapter is not intended to repeal, abrogate, supersede or impair any existing federal, state,
or local law, easement, covenant or deed restriction. However, if this chapter imposes greater or
more stringent restrictions, the provisions of this chapter shall prevail. Specifically, if a regulated
activity pursuant to this chapter also requires authorization under Section 404 of the Clean
Water Act from the US Army Corps of Engineers, the applicant shall meet any greater or more
stringent restrictions set forth in this chapter in addition to and independent of the restrictions
of such permit.
18.56.040 WETLANDS REVIEW BOARD POWERS AND DUTIES
In addition to the duties established by Chapter 18.62, BMC, the WRB shall have the following powers
and duties:
A. Prepare functional assessments for wetlands that may be impacted by regulated activities;
B. Based on wetland functional assessments and other submittal materials, make recommendations
to the Planning Director or City Commission to allow or disallow the regulated activity;
C. Recommend to the Planning Director or City Commission appropriate wetland buffer widths
based on the functional assessment and other submittal materials;
D. Recommend to the Planning Director or City Commission additional conditions on regulated
activities that are reasonably necessary to carry out the purpose and intent of this chapter;
E. Provide assistance to applicants to design developments that minimize impacts to wetlands; and
F. Testify before all boards, commissions and agencies on any matter affecting wetlands.
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18.56.050 WETLANDS MAPPING
A. The Bozeman Area Wetlands Map shall be adopted by resolution and shall be used to
implement this chapter.
B. The Bozeman Area Wetlands Map may be amended by resolution by means of the performance
of a wetland boundary determination. Wetland boundary determinations shall be performed in
accordance with the procedures specified in the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands (January, 1987).
1. A CD-ROM containing the wetland boundary determination and raw survey data (if
applicable) shall be provided for use in amending the Bozeman Area Wetland Map. The
data shall be reported in UTM Zone 12 coordinates and NAD83 datum.
C. Prior to annexation, boundary determinations shall be prepared for all wetlands on the property
to be annexed.
18.56.060 REGULATED ACTIVITIES
A. No person shall conduct any of the following regulated activities within a regulated wetland area,
as described in §18.56.030 of this chapter, without first having the proposed activity reviewed by
the WRB and approved by the Planning Director or City Commission as appropriate. Any
activity in a regulated area which reduces the size of a wetland or reduces the degree to which a
wetland performs any function is subject to the requirements of this chapter, including but not
limited to:
1. Placement of any material, including without limitation any soil, sand, gravel, mineral,
aggregate, organic material or water;
2. Construction, installation or placement of any obstruction or the erection of a building
or structure;
3. Removal, excavation or dredging of solid material of any kind, including without
limitation any soil, sand, gravel, mineral, aggregate or organic material;
4. Removal of any existing vegetation or any activity which will cause any loss of vegetation
in a wetland;
5. Alteration of the water level or water table by any means, including without limitation
draining, ditching, trenching, impounding or pumping; and
6. Disturbance of existing surface drainage characteristics, sedimentation patterns, flow
patterns, or flood retention characteristics by any means, including without limitation
grading and alteration of existing topography.
B. The following activities are permissible in a regulated wetland area, without review by the WRB
and approval by the Planning Director or City Commission, if they do not reduce the size of a
wetland or significantly reduce the degree to which a wetland performs any function:
1. Maintenance of an existing and lawful public or private road, structure or facility,
including but not limited to drainage facilities, water conveyance structures, dams, fences
or trails, or any facility used to provide transportation, electric, gas, water, telephone,
telecommunications or other services provided that these activities do not materially
change or enlarge any road, structure or facility;
2. Maintenance of an existing farm or stock pond, irrigation ditch, agricultural fence or
drainage system;
3. Weed control consistent with a Noxious Weed Management and Revegetation Plan
approved by the Gallatin County Weed Control District;
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4. Continuation of existing agricultural practices such as the cultivation and harvesting of
hay or pasturing of livestock, or change of agricultural practices which has no greater
impact on wetland function;
5. Conservation or preservation of soil, water, vegetation, fish and other wildlife;
6. Outdoor recreational activities, such as fishing, birdwatching, hiking, rafting and
swimming which do not harm or disturb the wetland;
7. The harvesting of wild crops;
8. Education and scientific research;
9. Minor improvements and landscape maintenance within a required wetland buffer but
outside the boundaries of a delineated wetland, including but not limited to the pruning
of trees, mowing of grass, and removal of dead vegetation and debris; and
10. Activities in a wetland set forth in §18.56.090 of this chapter, including but not limited to
removal of debris and maintenance of vegetation and wildlife habitat.
18.56.070 APPLICATION REQUIREMENTS AND PROCEDURES FOR REGULATED
ACTIVITIES IN REGULATED WETLAND AREAS
A. Review. All proposals for regulated activities in regulated wetland areas shall be reviewed by the
WRB. The WRB shall prepare a functional assessment for all reviewed regulated wetland areas.
Based on the prepared functional assessment and other submittal materials, the WRB shall
forward a recommendation of approval, conditional approval or denial to the Planning Director
or City Commission.
B. Approval. All proposals for regulated activities in regulated wetland areas shall be reviewed and
approved or conditionally approved by the Planning Director or the City Commission in
accordance with Chapters 18.06, 18.08, 18.34 and 18.36, BMC prior to commencement of the
regulated activity.
1. If a regulated activity is proposed for a regulated wetland area, but the regulated activity
is not proposed in conjunction with a land development proposal, the applicant shall
submit a sketch plan application for review and recommendation by the WRB, and
review and approval by the Planning Director.
C. Submittal materials. The information required in §18.78.130, BMC shall be submitted for all
regulated activities proposed for regulated wetland areas.
D. Noticing. The review of regulated activities proposed for regulated wetland areas shall comply
with the noticing requirements of Chapter 18.76, BMC.
18.56.080 REVIEW STANDARDS
The Planning Director or City Commission may approve, conditionally approve or deny a regulated
activity in a regulated wetland area based on a recommendation from the WRB, and if:
A. The applicant has demonstrated that all adverse impacts on a wetland have been avoided; or
B. The applicant has demonstrated that any adverse impact on a wetland has been minimized; the
activity will result in minimal impact or impairment to any wetland function, and the activity will
not result in an adverse modification of habitats for, or jeopardize the continued existence of,
the following:
1. Plant, animal or other wildlife species listed as threatened or endangered by the United
States Fish and Wildlife Service; and/or
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2. Plant, animal or other wildlife species listed as a Species of Concern, Species of Potential
Concern, or Species on Review by the Montana Department of Fish, Wildlife and Parks
and the Montana Natural Heritage Program; or
C. The applicant has demonstrated that the project is in the public interest, considering:
1. The extent of the public need for the proposed regulated activity;
2. The functional values of the wetland that may be affected by the proposed regulated
activity;
3. The extent and permanence of the adverse effects of the regulated activity on the
wetland;
4. The cumulative adverse effects of past activities on the wetland; and
5. The uniqueness or scarcity of the wetland that may be effected.
18.56.090 WETLAND PERMIT CONDITIONS
The WRB may recommend conditions of approval for proposed regulated activities, and the Planning
Director or City Commission may conditionally approve proposed regulated activities, subject to the
following conditions:
1. Requiring the provision of a wetland buffer of a size appropriate for the particular
proposed activity and the particular regulated wetland area;
2. Requiring that structures be elevated on piles and otherwise protected against natural
hazards;
3. Modifying waste disposal and water supply facilities;
4. Requiring deed restrictions or covenants regarding the future use and subdivision of
lands, including but not limited to the preservation of undeveloped areas as open space
and restrictions on vegetation removal;
5. Restricting the use of an area, which may be greater than the regulated wetland area;
6. Requiring erosion control and stormwater management measures;
7. Clustering structures or development;
8. Restricting fill, deposit of soil and other activities which may be detrimental to a wetland;
9. Modifying the project design to ensure continued water supply to the regulated wetland;
and
10. Requiring or restricting maintenance of a regulated wetland area for the purpose of
maintaining wetland functions.
18.56.100 APPEALS
Depending upon the application procedure involved, decisions related to the approval or denial of
regulated activities proposed for regulated wetland areas may be appealed in accordance with the
provisions of Chapter 18.66, BMC.
18.56.110 ENFORCEMENT
This chapter shall be enforced in accordance with the provisions contained in Chapter 18.64, BMC.
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CHAPTER 18.58
FLOODPLAIN REGULATIONS
18.58.010 TITLE
These regulations shall be known and cited as the Bozeman floodplain regulations. This chapter is in
accordance with the authority of the laws of the State of Montana exercised by the City, and other
authority as may be possessed by the City of Bozeman.
18.58.020 PURPOSE
This title has established regulations to prohibit development within floodplains in order to protect
public health and safety, safeguard water quality, provide for wildlife habitat and accomplish other
public purposes. However, there are certain limited circumstances where development within the
floodplain either currently exists or may be permitted from time to time to advance a public purpose.
This chapter provides standards which must be met in order to promote the public health, safety and
general welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise use of
the floodplain when those limited circumstances occur. This chapter has been established with the
following purposes intended:
A. To guide development of the 100-year floodplain within the Bozeman City limits consistent with
the enumerated findings by:
1. Establishing zoning regulations coincident with and applicable to those areas at risk of
flooding with special requirements and regulations to protect the public welfare;
2. Recognizing the right and need of water courses to periodically carry more than the
normal flow of water;
3. Participating in coordinated efforts of federal, state and local management activities for
100-year floodplains;
4. Ensuring the regulations and minimum standards adopted, insofar as possible, balance
the greatest public good with the least private injury; and
5. Carry out the provisions of this chapter in a fashion consistent with the remainder of this
title and the public policies set forth in the City’s growth policy consistent with the
authority of Title 76, Chapter 5, Part 3, MCA.
B. Specifically, it is the purpose of this chapter to:
1. Restrict or prohibit uses that are dangerous to health, safety and property in times of
flood, or that cause increased flood heights and velocities;
2. Require that uses vulnerable to floods, including public facilities, be provided with flood
protection at the time of initial construction;
3. Identify lands unsuitable for certain development purposes because of flood hazards;
4. Minimize the need for rescue and relief efforts associated with flooding undertaken at
the expense of the general public;
5. Ensure that potential buyers are notified that property is within a 100-year floodplain
and subject to the provisions of these regulations;
6. Ensure that those who occupy 100-year floodplains assume responsibility for their
actions; and
7. Protect water quality and persons and property located downstream.
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18.58.030 JURISDICTIONAL AREA
This chapter shall apply to all lands within the boundaries of the City of Bozeman, State of Montana,
shown on the official floodplain maps, including any amendments or revisions, as being located within a
100-year floodplain district or that may otherwise be identified as lying within a 100-year floodplain
through additional floodplain delineation, engineering analysis, topographic survey, or other objective
and factual basis.
18.58.040 FLOODPLAIN REGULATION ESTABLISHMENT AND APPLICABILITY
These floodplain regulations are hereby established and are applicable in all areas defined by the base
flood elevations and 100-year floodplains as delineated in the Flood Insurance Study, or other means
specified in §18.58.030, BMC. The basis for the Flood Insurance Study is a scientific and engineering
report entitled The Flood Insurance Study for the City of Bozeman, Montana, dated July 15, 1988, with
accompanying Flood Insurance Rate Maps and Flood Boundary/Floodway Maps. The official
floodplain maps, together with the Flood Insurance Study are on file in the office of the City Floodplain
Administrator. The floodplain regulations are hereby established in all areas subject to flooding.
Depiction on the official zoning map of the City is not required for this district.
18.58.050 ABROGATION AND GREATER RESPONSIBILITY
It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, deed
restrictions, or underlying zoning. However, where this chapter imposes greater restrictions, the
provisions of this chapter shall prevail.
18.58.060 FLOODPLAIN ADMINISTRATOR
The City Floodplain Administrator has been designated to be the City Engineer. The responsibilities of
this position are outlined in §18.58.130, BMC.
18.58.070 REGULATION INTERPRETATION
The interpretation and application of the provisions of these regulations shall be considered minimum
requirements and liberally construed in favor of the governing body and not deemed a limitation or
repeal of any other powers granted by state statute or self-government status.
18.58.080 COMPLIANCE WITH REGULATIONS
No structure or land use shall be located, extended, converted or structurally altered without full
compliance with the provisions of this title, these specific regulations, and other applicable regulations.
These regulations meet or exceed the minimum floodplain development requirements as set forth by the
Montana Board of Natural Resources and Conservation and the National Flood Insurance Program.
18.58.090 FLOOD HAZARD EVALUATION
A. General. Land subject to being flooded by a flood of 100-year frequency as defined by Title 76,
Chapter 5, MCA, or land deemed to be subject to flooding by the City of Bozeman, shall not be
subdivided or developed for building or residential purposes, or other uses that may increase or
aggravate flood hazards to life, health or welfare, or that may be prohibited by state or local
floodplain or floodway regulations.
B. Requirement for Study.
1. If any portion of a proposed subdivision or other development is:
a. Within 1,000 horizontal feet and less than 10 vertical feet of a watercourse
draining an area of 25 square miles or more; and
b. No official floodplain or floodway delineation study of the watercourse has been
made; then
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c. The subdivider or other developer shall provide a floodplain analysis report
establishing the calculated 100-year frequency water surface elevations and 100-
year floodplain boundaries. The analysis and report shall be prepared by a
licensed professional engineer qualified in this field of work.
2. If any portion of a proposed subdivision or other development is:
a. Within 1,000 horizontal feet and less than 10 vertical feet of a watercourse
draining an area less than 25 square miles; and
b. No official floodplain or floodway delineation study of the watercourse has been
made; then
c. The subdivider or other developer shall:
(1) Demonstrate to the satisfaction of the City Engineering Department that
the 100-year peak runoff of the watercourse will not affect the
subdivision; or
(2) Delineate the existing and proposed 100-year flood limits of the stream
or streams within 1,000 feet of the proposed subdivision and specify any
mitigation that may be required to protect the proposed subdivision and
adjacent properties from potential flooding and erosion damage due to
any proposed changes within the delineated flood limits.
d. The developer’s professional engineer, licensed in the State of Montana, shall
provide written certification to the City that the mapped flood locations and
proposed mitigation shall protect against damage by the 100-year flood.
3. Submission of Report. The report shall be submitted at the time of preliminary plat or
plan application. The report may be submitted, upon the request of the City
Commission or Development Review Committee, to the Floodplain Management
Section, Water Resources Division, Montana Department of Natural Resources and
Conservation, for review and concurrence.
4. Contents of Report. The required report shall include the following information:
a. Certification. Certification of the report by a registered professional engineer.
b. Overall Plan View. An overall scaled plan view (project map) with identified
scale for vertical and horizontal distance showing the following:
(1) Watercourse;
(2) Floodplain boundaries;
(3) Location of property;
(4) Contours;
(5) Cross sections;
(6) Bridges or other constrictions in the floodplain; and
(7) USGS gauging stations (if any).
c. Benchmark(s). The location and elevation of a temporary benchmark(s)
established within the subdivision and referenced to mean sea level with
appropriate elevation adjustment.
d. Cross Sectional Information.
(1) Cross sections shall follow the applicable guidelines established by the
Montana Department of Natural Resource Conservation. If applicable
guidelines are not available, cross section information shall be as follows:
(a) Cross section elevations and stations should be determined at
points representing significant breaks in ground slope and at
changes in the hydraulic characteristics of the floodplain (e.g.,
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points where ground cover, soil or rock conditions change).
Elevations must be reported in NAVD88 or NGVD29 datum.
(b) Each cross section shall cross the entire floodplain. The cross
section alignment should be perpendicular to the general flow of
the watercourse, the slope of the channel and the hydraulic
characteristics of the reach. A minimum of four cross sections
are required over the entire reach with at least two cross sections
at the property where the elevations are desired. Additional cross
sections must be taken at bridges, control structures or natural
constrictions in topography.
(2) Photogrammetric methods may be used in lieu of cross sections
whenever appropriate and when reviewed and approved by the City
Engineer.
e. Bridges. Descriptions and sketches of all bridges within the reach, showing
unobstructed waterway openings and elevations.
f. Water Surface. Elevations of the water surface determined by survey as part of
each valley cross section.
g. Supporting Documentation. Engineering report of computer computations,
calculations and assumptions that may include:
(1) Hydrology (research of published hydrology or calculations showing how
hydrology was derived);
(2) Input files (hard copy and on diskette or CD-ROM); and
(3) Output files (hard copy and on diskettes or CD-ROM).
C. Waiver of Requirement. The City Engineer may waive this requirement where the subdivider
contacts the Water Resources Division, Montana Department of Natural Resources and Con-
servation, and that agency states in writing that the data indicate that the proposed subdivision is
not in the flood hazard area as defined in this chapter.
18.58.100 RULES FOR INTERPRETATION OF FLOODPLAIN DISTRICT
BOUNDARIES
The boundaries of the 100-year floodway shall be determined by scaling distances on the official
floodplain maps and using the floodway data table contained in the flood insurance study report. The
maps may be used as a guide for determining the 100-year floodplain boundary, but the exact location of
the floodplain boundary shall be determined where the base flood elevation intersects the natural
ground. The floodplain administrator may require an on-site survey and staking of the floodplain
boundary prior to issuance of any permit or any development undertaken following issuance of a permit.
18.58.110 WARNING AND DISCLAIMER OF LIABILITY
This chapter does not imply that areas outside the delineated floodplain boundaries or permitted land
uses will always be totally free from flooding or flood damages. These regulations shall not create a
liability or cause of action against the City or any officer or employee thereof for flood damages that
may result from reliance upon these regulations.
18.58.120 DISCLOSURE PROVISION
All owners of property in an identified 100-year floodplain as indicated on the official floodplain maps
must notify potential buyers or their agents that such property is subject to the provisions of this
chapter.
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18.58.130 ADMINISTRATION OF REGULATIONS
A. As provided in §18.58.060, BMC, the City Floodplain Administrator has been designated by the
City Commission, and has the responsibility of such position as outlined in this chapter.
B. Section 18.42.100, BMC has established a public policy to avoid development within floodplains,
along with certain exceptions. The administration of these regulations shall be done in a fashion
consistent with both the letter and spirit of that section.
C. The City Floodplain Administrator is appointed with the authority to review floodplain
development permit applications, proposed uses and construction to determine compliance with
these regulations. The City Floodplain Administrator is required to assure all necessary permits
have been received from those governmental agencies from which approval is required by
federal and state law and local codes, including Section 404 of the Federal Water Pollution
Control Act of 1972, 33 USC 1334, and under the provisions of the Natural Streambed and
Land Preservation Act.
1. Additional Factors. Floodplain development permits shall be granted or denied by the
City Floodplain Administrator on the basis of whether the proposed establishment,
alteration or substantial improvement of an artificial obstruction meets the requirements
of this chapter and other requirements of this title. Additional factors that shall be
considered for every permit application are:
a. The danger to life and property due to increased flood heights, increased flood
water velocities or alterations in the pattern of flood flow caused by
encroachments;
b. The danger that materials may be swept onto other lands or downstream to the
injury of others;
c. The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination and unsanitary conditions;
d. The susceptibility of the proposed facility and its contents to flood damage and
the effects of such damage on the individual owner;
e. The importance of the services provided by the facility to the community;
f. The requirement of the facility for a waterfront location;
g. The availability of alternative locations not subject to flooding for the proposed
use;
h. The compatibility of the proposed use with existing development and anticipated
development in the foreseeable future;
i. The relationship of the proposed use to the growth policy and floodplain
management program for the area;
j. The safety of access to property in times of flooding or for ordinary and
emergency services; and
k. Such other factors as are in harmony with the purposes of this title, these
regulations, the Montana Floodplain and Floodway Management Act and the
National Flood Insurance Program.
C. A floodplain development permit application is considered to have been automatically granted
60 days after the date of receipt of the application by the City Floodplain Administrator unless
the applicant has been notified that the permit is denied, conditionally approved or additional
information pertinent to the permit review process is required. A floodplain permit shall not act
as a waiver or variance from the other requirements of this title.
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D. The City Floodplain Administrator shall adopt such administrative procedures as may be
necessary to efficiently administer the provision of these regulations.
E. The City Floodplain Administrator shall maintain such files and records as may be necessary to
document nonconforming uses, base flood elevations, floodproofing and elevation certifications,
fee receipts, the issuance of permits, agenda, minutes, records of public meetings, and any other
matters related to floodplain management in the City of Bozeman. Such files and records shall
be open for public inspection. In matters of litigation, the City Attorney may restrict access to
specific records.
F. The City Floodplain Administrator may require whatever additional information is necessary to
determine whether the proposed activity meets the requirements of these regulations. Additional
information may include hydraulic calculations assessing the impact on base flood elevations or
velocities, level survey or certification by a registered land surveyor, professional engineer or
licensed architect that the requirements of these regulations are satisfied.
G. Upon receipt of an application for a permit or a variance, the City Floodplain Administrator
shall prepare a notice according to the requirements of Chapter 18.76, BMC.
H. Copies of all permits granted must be sent to the Montana Department of Natural Resources
and Conservation in Helena, Montana.
1. In riverine situations, notifications by the City Floodplain Administrator must be made
to adjacent communities, the Floodplain Management Section (DNRC) and FEMA prior
to any alteration or relocation of a stream. The flood-carrying capacity within the altered
or relocated portion of any stream must be maintained. Erosion control measures shall
be incorporated to ensure stability of altered channels and stream banks.
18.58.140 PERMIT APPLICATIONS
A. Activities or uses that require the issuance of a permit, including the expansion or alteration of
such uses, shall not be initiated, established or undertaken until a permit has been issued by the
City Floodplain Administrator.
B. Permit applicants shall be required to furnish the following information as deemed necessary by
the City Floodplain Administrator for determining the suitability of the particular site for the
proposed use:
1. Three sets of plans drawn to scale (including dimensions) showing the nature, location
and elevation of the lot; existing and proposed structure locations; fill, storage or
materials site; floodproofing measures; mean sea level elevation of first floor of proposed
structures; and location of the channel and limits of 100-year floodplain boundary;
2. A plan view of the proposed development indicating external dimensions of structures;
street or road finished grade elevations; well locations; individual sewage treatment and
disposal sites; excavation and/or fill quantity estimates; and site plan and/or
construction plans;
3. Specifications for floodproofing, filling, excavating, grading, bank stabilization, storage
of materials and location of utilities;
4. A professional engineer’s or registered architect’s design calculations and certification
that the proposed activity has been designed to be in compliance with these regulations;
and
5. Certification of floodproofing and/or elevation shall be provided on a standard form
available from the City Floodplain Administrator.
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6. Adjoining Owners. Names and addresses of record owners of lots and tracts
immediately adjoining the proposed floodplain permit.
C. To determine that the permit specifications and conditions have been completed, applicants who
have received permits are required to furnish the following at the time of an on-site
conformance inspection:
1. Certification by a registered professional engineer or licensed land surveyor of the actual
mean sea level elevation of the lowest floor (including basement) of all new, altered or
substantially improved buildings;
2. If floodproofing techniques were used for buildings, the mean sea level elevation to
which the floodproofing was accomplished must be certified by a structural engineer or
licensed architect in the same manner;
3. Certification shall also be required for artificial obstructions other than buildings, that
the activity was accomplished in accordance with these regulations and the design plans
submitted with the application for the permit activity. This certification may be waived
by the City Floodplain Administrator if it can be clearly ascertained by a site inspection
that the activity was accomplished in accordance with these regulations; and
4. Certification of floodproofing and/or elevation shall be provided on a standard form
available from the City Floodplain Administrator.
18.58.150 EMERGENCY WAIVER
A. Emergency repair and replacement of severely damaged public transportation facilities, public
water and sewer facilities, public utility electricity and natural gas distribution facilities, and flood
control works may be authorized. Floodplain development permit requirements may be waived
if:
1. Upon notification and prior to emergency repair and/or replacement, the City
Floodplain Administrator determines that an emergency condition exists warranting
immediate action; and
2. The City Floodplain Administrator agrees upon the nature and type of proposed
emergency repair and/or replacement.
B. Authorization to undertake emergency repair and replacement work may be given verbally if the
City Floodplain Administrator feels that such a written authorization would unduly delay the
emergency works. Such verbal authorization must be followed by a written authorization
describing the emergency condition, and the type of emergency work agreed upon and stating
that a verbal authorization had been previously given.
18.58.160 REVIEW - VARIANCES - APPEALS
Appeals and variances from this chapter may be taken as set forth in Chapter 18.66, BMC. The City
Floodplain Administrator shall maintain records of the variance notification and actions, including
justification for their issuance, and forward copies of all variance actions to the Montana Department of
Natural Resources and Conservation and the Federal Emergency Management Agency.
18.58.170 FLOODPLAIN DEVELOPMENT - COMPLIANCE
Any use, arrangement or construction not in compliance as authorized by permit, shall be deemed a
violation of this chapter and punishable as provided in Chapter 18.64, BMC. An applicant is required to
submit certification by a registered professional engineer, architect, land surveyor or other qualified
person designated by the City Floodplain Administrator that finished fill and lowest building floor
elevations, flood proofing, hydraulic design or other flood protection measures were accomplished in
compliance with these regulations.
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18.58.180 EMERGENCY PREPAREDNESS - PLANNING
In formulating community development goals, the community shall consider the development of a plan
for evacuating users of all development located within flood prone areas. This plan should be
developed, filed with, and approved by appropriate community emergency management authorities.
18.58.190 APPLICATIONS - SPECIFIC STANDARDS
The minimum floodplain development standards listed in this chapter apply to the floodway and
floodway fringe portions of the 100-year floodplain as delineated on the flood hazard area maps or other
flood hazard areas as may be determined by §18.58.040, BMC.
18.58.200 FLOODWAY - USES ALLOWED WITHOUT FLOODPLAIN PERMITS
When a site specific exemption or relaxation of the standards of §18.42.100, BMC allow utilization of a
portion of the floodplain, the following uses shall be allowed without a permit within the floodway,
provided that such uses conform to the provisions of §18.58.350 through §18.58.390, BMC; are not
prohibited by any other ordinance, resolution or statute; and do not require fill, excavation, permanent
storage of materials, or equipment or structures other than portable structures:
A. Agricultural uses;
B. Accessory uses such as loading and parking areas associated with industrial and commercial
facilities;
C. Private and public recreational uses such as golf courses, driving ranges, archery ranges, picnic
grounds, boat-launching ramps, parks, wildlife management and natural areas, fish hatcheries,
fishing areas, and hiking or horseback riding trails;
D. Residential uses such as lawns, gardens, parking areas and play areas;
E. Irrigation and livestock supply wells, provided that they are located at least 500 feet from
domestic water supply wells; and
F. Fences, except permanent fences crossing channels.
18.58.210 FLOODWAY - USES REQUIRING FLOODPLAIN PERMITS
When a site specific exemption or relaxation of the standards of §18.42.100, BMC allow utilization of a
portion of the floodplain, the following artificial obstructions may be permitted in the floodway subject
to the issuance of a permit by the City Floodplain Administrator:
A. Excavation of material from pits and pools provided that:
1. A buffer strip of undisturbed land is left between the edge of the channel and the edge
of the excavation. This buffer strip must be of sufficient width to prevent flood flows
from channeling into the excavation;
2. The excavation meets all applicable laws and regulations of other local and state
agencies; and
3. Excavated material is disposed of or stockpiled outside the floodway;
B. Railroad, highway and street stream crossings provided the crossings are designed to offer
minimal obstruction to flood flow. Stream crossings shall not increase the elevation of the 100-
year flood more than one-half foot nor cause a significant increase in flood velocities;
C. Limited filling for highway, street and railroad embankments not associated with stream
crossings, provided that:
1. Reasonable alternate transportation routes outside the designated floodway are not
available; and
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2. Such floodway encroachment is located as far from the stream channel as possible and
shall not result in a cumulative increase in base flood elevations, after allowable
encroachments into the floodway fringe, exceeding one-half foot;
D. Buried or suspended utility transmission lines, provided that:
1. Suspended utility transmission lines are designed so the lowest point of the suspended
line is at least 6 feet higher than the base flood elevation;
2. Towers and other appurtenant structures are designed and placed to withstand and
minimally obstruct flood flows; and
3. Utility transmission lines carrying toxic or flammable materials are buried to a depth of at
least twice the calculated maximum depth of scour for a 100-year flood. The maximum
depth of scour shall be determined by hydraulic engineering methods acceptable to the
City Floodplain Administrator;
E. Storage of materials and equipment, provided that:
1. The material or equipment is not subject to major damage by flooding and is properly
anchored to prevent floatation or downstream movement; or
2. The material or equipment is readily movable within the limited time available after flood
warning. Storage of flammable, toxic, hazardous or explosive materials shall not be
permitted;
F. Domestic water supply wells, provided that:
1. They are driven or drilled wells located on ground higher than the surrounding ground
to assure positive drainage from the well;
2. Well casings are watertight to a distance of at least 25 feet below the ground surface;
3. Water supply and electrical lines have a watertight seal where the lines enter the casing;
4. All pumps, electrical lines and equipment are either submersible or adequately
floodproofed; and
5. Check valves are installed on main water lines at wells and at all building entry locations;
G. Substantial improvements to any structure provided that the provisions of subsections C, D or
E of §18.58.260, BMC are met. In the floodway, the structure must be floodproofed or elevated
on a permanent foundation rather than on fill; and
H. All other artificial obstructions, substantial improvements or nonconforming uses not
specifically listed or prohibited by these regulations.
18.58.220 FLOODWAY - PERMITS FOR FLOOD CONTROL WORKS
It is desired that flood control be primarily accomplished by on-site stormwater management, protection
of bank stabilizing vegetation, preserving an unobstructed floodplain and keeping development away
from areas prone to flooding. In the event that adequate flood control can not be achieved by these
methods, flood control works shall be allowed within floodways subject to the issuance of a permit by
the City Floodplain Administrator with the following conditions:
A. Levees and floodwalls are permitted if:
1. The proposed levee or floodwall is designed and construed to safely convey a 100-year
flood; and
2. The cumulative effect of the levee or floodwall combined with allowable floodway fringe
encroachments does not increase the unobstructed base flood elevation more than one-
half foot. The City Floodplain Administrator may establish either a lower or higher
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permissible increase in the base flood elevation for individual levee projects only with
concurrence from the Montana Department of Natural Resources and Conservation and
the Federal Emergency Management Agency based upon consideration of the following
criteria:
a. The estimated cumulative effect of any anticipated future permissible uses; and
b. The type and amount of existing flood-prone development in the affected area;
3. The proposed levee or floodwall, except those to protect agricultural land, is constructed
at least 3 feet higher than the base flood elevation;
B. Bank stabilization methods provided that:
1. When selecting a bank stabilization method, best management practices consistent with
the intent of this title shall be used;
2. The bank stabilization method is designed to withstand a 100-year flood;
3. The bank stabilization method does not increase the base flood elevation; and
4. The bank stabilization method will not increase erosion upstream, downstream or
adjacent to the stabilization site;
C. Channelization projects if they do not significantly increase the magnitude, velocity or base flood
elevation in the proximity of the project;
D. Dams provided that:
1. They are designed and constructed in accordance with the Montana Dam Safety Act and
applicable safety standards; and
2. They will not increase flood hazards downstream, either through operational procedures
or improper hydraulic design.
18.58.230 FLOODWAY - PERMITS FOR WATER DIVERSIONS
Permits for the establishment of a water diversion or change in place of diversion shall not be issued if,
in the judgment of the City Floodplain Administrator:
A. The proposed diversion will significantly increase the upstream base flood elevation to the
detriment of neighboring property;
B. The proposed diversion is not designed and constructed to minimize potential erosion from a
100-year flood; and
C. Any permanent diversion structure crossing the full width of the stream channel is not designed
and constructed to safely withstand a 100-year flood.
18.58.240 FLOODWAY - PROHIBITED USES
The following artificial obstructions and nonconforming uses are prohibited within the floodway:
A. New construction of any residential, commercial or industrial structure including manufactured
homes;
B. Encroachments including fill, new construction, alterations, substantial improvements and other
development within the adopted regulatory floodway that would result in erosion of the
embankment, obstruction of the natural flow of waters or increase in flood levels within the
community during the occurrence of the 100-year flood;
C. The construction or permanent storage of an object subject to floatation or movement during
flooding;
D. Solid and hazardous waste disposal, sewage treatment and sewage disposal systems;
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E. Storage of toxic, flammable, hazardous or explosive materials; and
F. Alterations of structures unless it can be shown the alteration will not raise flood heights.
18.58.250 FLOODWAY FRINGE - USES ALLOWED WITHOUT PERMITS
All uses allowed in the floodway, according to the provisions of §18.58.210, BMC of these regulations,
shall also be allowed without a permit in the floodway fringe.
18.58.260 FLOODWAY FRINGE - USES REQUIRING PERMITS
When a site specific exemption or relaxation of the standards of §18.42.100, BMC allows utilization of a
portion of the floodplain, the uses allowed in the floodway subject to the issuance of a permit,
according to the provisions of §18.58.220 through §18.58.240, BMC, shall also be allowed by permit
within the floodway fringe. In addition, new construction, substantial improvements and alterations to
structures are allowed by permit. This includes but is not limited to residential, commercial and
industrial construction and suitable fill to be allowed by permit from the City Floodplain Administrator,
subject to the following conditions:
A. Such structures or fill must not be prohibited by any other statute, regulation, ordinance or
resolution;
B. Such structures or fill must be compatible with local growth policies;
C. The new construction, alterations and substantial improvements of residential structures
including manufactured homes must be constructed on suitable fill such that the lowest floor
elevation (including basement) is 2 feet or more above the base flood elevation. The suitable fill
shall be at an elevation no lower than the base flood elevation and shall extend for at least 15
feet, at that elevation, beyond the structure(s) in all directions;
D. The new construction, alteration and substantial improvement of commercial and industrial
structures can be constructed on suitable fill as specified in subsection C of this section. If not
constructed on fill, commercial and industrial structures must be adequately floodproofed to an
elevation no lower than 2 feet above the base flood elevation. Floodproofing must be certified
by a registered professional engineer or architect that the floodproofing methods are adequate to
withstand the flood depths, hydrodynamic and hydrostatic pressures, velocities, impact,
buoyancy and uplift forces associated with the 100-year flood;
1. If the structure is designed to allow internal flooding of areas below the lowest floor, use
of this space shall be limited to parking, loading areas, building access and storage of
equipment or materials not appreciably affected by flood waters. The floors and wall
shall be designed and constructed of materials resistant to flooding to an elevation no
lower than 2 feet above the base flood elevation. Walls shall be designed to automatically
equalize hydrostatic forces by allowing for entry and exit of floodwaters. Openings may
be equipped with screens, louvers, valves, other coverings or devices which permit the
automatic entry and exit of floodwaters;
2. Structures whose lowest floors are used for a purpose other than parking, loading or
storage of materials resistant to flooding shall be floodproofed to an elevation no lower
than 2 feet above the base flood elevation. Floodproofing shall include impermeable
membranes or materials for floors and walls and watertight enclosures for all windows,
doors and other openings. These structures shall also be designed to withstand the
hydrostatic, hydrodynamic and buoyancy effects of a 100-year flood; and
3. Floodproofing of electrical, heating and plumbing systems shall be accomplished in
accordance with §18.58.350 through §18.58.390, BMC;
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E. All manufactured homes placed in the floodway fringe must have the chassis securely anchored
to a foundation system that will resist floatation, collapse or lateral movement. Methods of
anchoring may include, but are not limited to, over-the-top or frame ties to ground anchors. The
following conditions also apply:
1. When a manufactured home is altered, replaced because of substantial damage as a result
of a flood, or replaced on an individual site, the lowest floor must be elevated 2 feet
above the base flood elevation. The home can be elevated on fill or raised on a
permanent foundation of reinforced concrete, reinforced mortared block, reinforced
piers or other foundation elements of at least equivalent strength; and
2. Replacement or substantial improvement of manufactured homes in an existing
manufactured home community or subdivision must be raised on a permanent
foundation. The lowest floor must be at least 36 inches above the ground or raised 2 feet
above the base flood elevation, whichever is less. The foundation must consist of
reinforced concrete, reinforced mortared block, reinforced piers or other foundation
elements of at least equivalent strength;
3. Manufactured homes proposed for use as commercial or industrial structures must be
elevated and anchored, rather than floodproofed;
F. Fill material placed in the floodway fringe must be stable, compacted, well graded, pervious,
generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree
stumps or other organic material, and appropriate for the purpose of supporting the intended
use and/or permanent structure;
G. Roads, streets, highways and rail lines shall be designed to minimize increase in flood heights.
Where failure or interruption of transportation facilities would result in danger to the public
health or safety, the facility shall be located 2 feet above the base flood elevation; and
H. Agricultural structures that have a low damage potential, such as sheds, barns, shelters, and hay
or grain storage structures must be adequately anchored to prevent floatation or collapse and all
electrical facilities shall be placed above the base flood elevation;
1. Recreational vehicles, if they are on the site for more than 180 consecutive days or are
not ready for highway use, must meet the elevating requirements of subsection C of this
section.
18.58.270 FLOODWAY FRINGE - PROHIBITED USES
The following artificial obstructions and nonconforming uses are prohibited within the floodway fringe:
A. Solid and hazardous waste disposal; and
B. Storage of highly toxic, flammable, hazardous or explosive materials. Storage of petroleum
products may be allowed by permit if stored on compacted fill at least 2 feet above the base
flood elevation and anchored to a permanent foundation to prevent downstream movement.
18.58.280 FLOODPLAIN AREAS WITH FLOOD ELEVATIONS AND NO DELINEATED
FLOODWAY
A. A development proposed for a 100-year floodplain, where water surface elevations are available
but no floodway is delineated, may not significantly increase flood velocities or depths or
generally alter patterns of flood flow. The provisions of §18.58.250 through §18.58.270, BMC
shall apply to these areas. The City Floodplain Administrator may require a permit applicant to
furnish additional hydraulic data before acting on a permit application for such a floodplain. The
data may include, but are not limited to, any of the following:
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1. A hydraulic study documenting probable effect on upstream, downstream or adjacent
property owners caused by the proposed development; or
2. The calculated increase in the 100-year flood water surface profile caused by the
proposed development.
B. Permits for such proposed development may be modified or denied if the additional information
shows that the proposed use would cause an additional flood hazard to adjacent property or
significantly increase flood heights. A significant increase in flood height is one-half foot unless
existing or anticipated development in the area dictates a lesser amount of allowable increase.
18.58.290 SHALLOW FLOODING (AO ZONES)
A. Shallow flooding areas are delineated as AO zone floodplains on the Flood Insurance Rate
Maps. The provisions of §18.58.260, BMC shall apply to any AO zone floodplains. The depth of
the 100-year flood is indicated as the depth number on the Flood Insurance Rate Maps. The
100-year flood depth shall be referenced to the highest adjacent grade or stream flow line in
determining which fill or floodproofing heights to use in applying the provisions of subsections
C and D of §18.58.260, BMC. In the absence of depth or elevation information, a minimum 2-
foot flood depth shall be used.
B. Floodplain Boundary Interpretation. The City Floodplain Administrator shall make
interpretations where needed as to the exact location of an AO zone floodplain boundary when
there is a conflict between a mapped boundary and actual field conditions.
18.58.300 APPLICABILITY TO UNNUMBERED A ZONES
The minimum floodplain development standards listed in this section apply to the 100-year floodplains
delineated by approximate methods and identified as unnumbered A zones on the Flood Insurance Rate
Maps.
18.58.310 A ZONES - USES ALLOWED WITHOUT PERMITS
All uses allowed in a floodway, according to the provisions of §18.58.210, BMC, shall also be allowed
without a permit in unnumbered A zone floodplains.
18.58.320 A ZONES - USES REQUIRING PERMITS
All uses allowed in the floodway and floodway fringe subject to the issuance of a permit according to
the provisions of §18.58.260, BMC, shall require permits from the City Floodplain Administrator for
unnumbered A zone floodplains. Also, the provisions of §18.58.260, BMC apply to the A zone
floodplains with no floodway delineated or water surface profile computed. Since there are no 100-year
flood water surface profiles computed for A zone floodplains, the following conditions also apply:
A. Elevation data on the 100-year flood shall be provided for subdivision proposals according to
the definitions and rules of the Montana Sanitation in Subdivisions Act, Title 76, Chapter 4, Part
1, MCA and the rules adopted by Department of Environmental Quality under this Act. These
data shall be used in applying subsections C, D and E of §18.58.270, BMC. Subdivision
proposals shall also provide for adequate drainage to minimize potential flood hazards;
B. The City Floodplain Administrator may obtain, review and reasonably use any base flood
elevation and floodway data available from federal, state or other sources, until such data have
been provided by FEMA, to enforce subsections C and D of §18.58.270, BMC;
C. The City Floodplain Administrator may use historical flood elevations to determine suitable fill
or floodproofing elevations as required by subsections C and D of §18.58.270, BMC;
D. If historical flood evidence is not available, then the City Floodplain Administrator shall
determine, from a field review at the proposed development site, an appropriate fill or
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floodproofing elevation to use in applying subsections C and D of §18.58.270, BMC. In the
absence of depth or elevation information, a minimum 2 foot flood depth shall be used; and
E. Proposed structures must be anchored to prevent floatation or collapse and must be located as
far from stream channels as practicable.
18.58.330 A ZONES - PROHIBITED USES
Those uses prohibited in the floodway fringe, in accordance with §18.58.270, BMC, shall also be
prohibited within the A zone floodplain boundaries.
18.58.340 A ZONES - FLOODPLAIN BOUNDARY INTERPRETATION
The City Floodplain Administrator shall make interpretations where needed as to the exact location of
the unnumbered A zone floodplain boundary when there is a conflict between a mapped boundary and
actual field conditions.
18.58.350 FLOODPROOFING REQUIREMENTS - CERTIFICATION
If the following floodproofing requirements are to be applied to a proposed structure, as stipulated by
the City Floodplain Administrator in accordance with these regulations, the methods used must be
certified as adequate by a registered professional engineer or architect.
18.58.360 FLOODPROOFING REQUIREMENTS - CONFORMANCE
Permitted floodproof systems shall conform to the conditions listed in §18.58.370 through §18.58.390,
BMC and the floodproofing standards listed in subsection D of §18.58.260, BMC for commercial and
industrial structures.
18.58.370 FLOODPROOFING REQUIREMENTS - ELECTRICAL SYSTEMS
A. All incoming power service equipment, including all metering equipment, control centers,
transformers, distribution and lighting panels, and all other stationary equipment must be located
at least 2 feet above the base flood elevation;
B. Portable or movable electrical equipment may be placed below the base flood elevation, if the
equipment can be disconnected by a single submersible plug-and-socket assembly;
C. The main power service line shall have automatic or manually operated electrical disconnect
equipment located at an accessible location outside the 100-year floodplain and above the base
flood elevation; and
D. All electrical wiring systems installed at or below the elevation of the 100-year flood shall be
suitable for continuous submergence and may not contain fibrous components.
18.58.380 FLOODPROOFING REQUIREMENTS - HEATING SYSTEMS
A. Float operated automatic control valves must be installed in gas furnace supply lines so that the
fuel supply is automatically shut off when flood waters reach the floor level where the furnace is
located;
B. Manually operated gate valves must be installed in gas supply lines. The gate valves must be
operable from a location above the elevation of the 100-year flood; and
C. Electric heating systems must be installed in accordance with the provisions of International
Building Code and any other applicable regulations.
18.58.390 FLOODPROOFING REQUIREMENTS - PLUMBING SYSTEMS
A. Sewer lines, except those to be buried and sealed in vaults, must have check valves installed to
prevent sewage backup into permitted structures; and
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B. All toilet stools, sinks, urinals and drains must be located so the lowest point of possible water
entry is at least 2 feet above the elevation of the 100-year flood.
18.58.400 VIOLATION NOTICE
The City Floodplain Administrator shall bring any violation of this chapter to the attention of the local
governing body, its legal council and the Montana Department of Natural Resources and Conservation.
18.58.410 VIOLATION - PENALTY
Violation of the provisions of this chapter or failure to comply with any of the requirements, including
permit approval prior to development of floodprone lands, and conditions and safeguards established
shall be subject to the provisions of Chapter 18.64, BMC.
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CHAPTER 18.60
NONCONFORMING SITUATIONS
18.60.010 NONCONFORMING USES
A. Any use lawfully existing upon the effective date of the ordinance codified in this title may be
continued at the size and in the manner of operation existing upon such date except as
hereinafter specified, or in the case of signage as specified in Chapter 18.52, BMC.
B. Except as otherwise specified in this chapter, the right to operate and maintain a nonconforming
use shall terminate when the structure or structures housing such use are removed beyond 50
percent of the market value, razed or suffer substantial damage as defined in Chapter 18.80,
BMC. However, in the event of damage by fire, wind, earthquake or other natural disaster to the
extent described above, said nonconforming use or uses may be reestablished through a
conditional use permit procedure as set forth in Chapter 18.34, BMC. Such restoration shall
comply to the maximum extent reasonably feasible with the requirements of this title.
C. When any lawful nonconforming use of any structure or land in any district has been changed to
a conforming use, it shall not thereafter be changed to any nonconforming use.
D. Whenever a lawful nonconforming use of a building, structure or land is discontinued for a
period of ninety days, any future use of the building, structure or land shall be in conformity
with the provisions of this title.
E. Normal maintenance of a building or other structure containing or related to a lawful
nonconforming use is permitted, including necessary structural repairs, provided such structural
repairs do not enlarge, intensify or otherwise redefine the nonconforming use.
18.60.020 CHANGES TO OR EXPANSIONS OF NONCONFORMING USES
A. Lawful Nonconforming Nonresidential Use.
1. A lawful nonconforming nonresidential use shall not be changed except in conformance
with the use requirements of the zone in which it is located. Except, however, a lawful
nonconforming nonresidential use may be changed to another nonconforming use,
provided that the proposed use is not of greater intensity than the original use, as
determined by the criteria in 18.60.020.B. of this chapter, and that a conditional use
permit is obtained from the City Commission. A lawful nonconforming nonresidential
use may be expanded only through the granting of a conditional use permit by the City
Commission. In considering the appropriateness of the conditional use permit
application, the City Commission shall weigh the criteria set forth in subsection B below.
In addition, the Commission shall consider whether the expansion is reasonable, natural
and incidental to the growth and use of an existing business. In general, proposals to
expand nonconforming uses shall not be approved if the expansion would encompass
new land or property which was not in use at the time of the enactment of zoning or a
change in zoning.
2. To approve a conditional use permit to change or expand a nonconforming
nonresidential use, the City Commission shall determine that the proposed
nonconforming use is more appropriate to the district than the existing nonconforming
use, and that no unsafe or unhealthy conditions are perpetuated. In making such a
determination, the Commission shall weigh the following criteria in addition to the
criteria applicable to all conditional use permits:
a. Traffic impacts, both onsite and offsite;
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b. Off-street parking and loading requirements;
c. The visual impact on the surrounding area;
d. The degree of compliance with the adopted growth policy and this title;
e. The level of conflict with other uses in the surrounding area;
f. The presence of other nonconformities in the surrounding area;
g. The degree to which any existing unsafe or hazardous conditions would be
mitigated;
h. The viability of the subject structure(s); and
i. Onsite and offsite impacts from noise, dust, smoke, surface or groundwater
contamination, or other environmental impacts.
B. Lawful Nonconforming Residential Use.
1. A lawful nonconforming residential use may be reduced in terms of the number of
dwelling units, in an effort to achieve greater conformance with the underlying zoning
designation, through the review process required by Chapters 18.28, 18.30, and 18.34,
BMC, without the need to obtain a conditional use permit from the City Commission. A
lawful nonconforming residential use shall not be permitted to increase the number of
dwelling units.
2. The maintenance and reconstruction of existing nonconforming residential dwelling
units is allowed, in compliance with applicable fire and building codes, including
expansion of up to 20 percent of the existing total residential area, without the need of a
conditional use permit from the City Commission, as long as the number of dwelling
units on the lot is not increased. In instances where new construction is allowed, all
appropriate approvals such as a certificate of appropriateness or building permit shall be
obtained prior to the initiation of construction.
18.60.030 NONCONFORMING AREA AND BULK REQUIREMENTS FOR EXISTING
LOTS
A. At the time of the enactment of the ordinance codified in this title, if any owner of a plot of land
consisting of one or more adjacent lots, as defined in Chapter 18.80, in a subdivision of record
does not own sufficient land within the lot of record to enable him/her to conform to the
minimum lot size requirements, or does not have sufficient lot width to conform to the
minimum lot width requirements, such plot of land may nevertheless be used as a building site.
The lot dimension requirements of the district in which the piece of land is located may be
reduced by the smallest amount that will permit a structure of acceptable size to be built upon
the lot, with such reduction to be determined by the City Commission. Existing buildings on
nonconforming lots may be expanded without deviations or variances so long as the expansion
does not increase or create one or more nonconformities.
1. In the R-S, R-1 and R-2 districts, the reduction shall permit only a single-household
residence.
2. In the R-3, R-4 and R-O districts, the reduction shall permit only a duplex.
B. No lot, even though it may consist of one or more adjacent lots in common ownership at the
time of passage of the ordinance codified in this title, shall be reduced in size so that lot width or
size of yards or lot area per household or any other requirement of this title is not maintained
except as provided for in this title. This section views lots as merged for the purposes of
planning and zoning regulation of bulk, size, or similar dimensional standards only, and does not
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aggregate individual parcels of land in a manner affected by §76-3-103(17)(b), MCA. This section
shall not apply when a portion of a lot is acquired for a public purpose.
C. Adjacent parcels which do not conform to minimum lot requirements, and which are in
common ownership, shall be considered individual lots of record for the purposes of this code
only if they are each greater than one acre in size and were created prior to the passage of the
ordinance codified in this title.
18.60.040 NONCONFORMING STRUCTURES
A. Any nonconforming structure lawfully existing upon the effective date of the ordinance codified
in this title may be continued at the size and configuration existing upon such date except as
hereinafter specified, or in the case of signage as specified in Chapter 18.52, BMC and lighting as
specified in §18.42.150.O, BMC.
B. The right to operate and maintain a nonconforming structure shall terminate when the structure
is removed beyond 50 percent of the market value, razed or substantially damaged. However, in
the event of damage by fire, wind, earthquake or other natural disaster to the extent described
above, said nonconforming nonresidential structure may be reestablished through a conditional
use permit procedure as set forth in Chapter 18.34, BMC. Such restoration shall comply to the
maximum extent feasible with the requirements of this title.
C. Normal maintenance of a lawful nonconforming structure is permitted, including necessary
structural repairs provided such structural repairs do not enlarge the structure or intensify the
use.
18.60.050 CHANGES TO OR EXPANSIONS OF NONCONFORMING STRUCTURES
A. A lawful nonconforming structure shall not be changed except in conformance with the
requirements of the zone in which it is located or as provided in this chapter.
B. A lawful nonconforming structure may be expanded through the plan review process required
by Chapters 18.28, 18.30 and 18.34, BMC. Unless the proposed expansion would create a new
nonconformity or increase an existing nonconformity, no deviation or variance is required for
the expansion.
C. If a lawful nonconforming structure is proposed to be changed or expanded in a manner which
would increase the degree of nonconformity, or would create a new nonconformity, a deviation
or variance shall be properly granted prior to or in conjunction with the site development
approval required in Chapters 18.28, 18.30, and 18.34, BMC.
D. The maintenance and reconstruction of existing nonconforming residential structures is allowed,
in compliance with applicable fire and building codes, as well as, the provisions of this chapter,
so long as the number of dwelling units on the lot is not increased. Maintenance activities may
not increase the degree of nonconformity.
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CHAPTER 18.62
DEVELOPMENT REVIEW COMMITTEE (DRC), DESIGN REVIEW
BOARD (DRB), ADMINISTRATIVE DESIGN REVIEW STAFF (ADR),
WETLANDS REVIEW BOARD (WRB), BOARD OF ADJUSTMENT (BOA)
18.62.010 PURPOSE OF DRC, DRB, ADR, WRB, AND BOA
A. Purpose. The Development Review Committee (DRC), Design Review Board (DRB),
Administrative Design Review staff (ADR) and Wetlands Review Board (WRB) are established
to coordinate, expedite and assure fair and equitable implementation of this title. The objective,
to be implemented through their procedures and deliberations, shall be to encourage
development quality that will enhance both the natural and built environments, with
consideration to present and future property values, and to carry out the purposes of this title.
All bodies authorized under this chapter may call upon any City staff or other persons with
technical expertise, and may testify before any board, commission or other body upon the
subjects for which they have responsibility.
1. DRC. The DRC is established to evaluate all proposals subject to the provisions of this
title. The DRC is the body charged with reviewing items relating to public health and
safety.
a. The DRC shall act as an advisory body to the Planning Director for site plans
when no variance or deviation is requested; and
b. The DRC shall act as an advisory body to the City Commission for larger and
more complex proposals including conditional use permits, planned unit
developments, all site plans involving variances or deviations, divisions of land,
zone map amendments, annexations and other actions as requested by staff or
the City Commission.
2. DRB. The DRB is established to evaluate aesthetic considerations of larger and more
complex proposals which are likely to produce significant community impact and to
provide recommendations regarding such proposals to the Planning Director or City
Commission, subject to the provisions of this title.
a. The DRB shall act as an advisory body to the Planning Director for site plans
within overlay districts meeting one or more of the thresholds of §18.34.040.C,
BMC when no variance or deviation is requested; and
b. The DRB shall act as an advisory body to the City Commission regarding:
(1) Site plans within overlay districts meeting one or more of the thresholds
of §18.34.040.C, BMC when variances or deviations are requested;
(2) Conditional use permits located within overlay districts, but excluding
conditional use permits for the purpose of accessory dwelling units and
conditional use permits which do not create additional building area;
(3) Planned unit developments;
(4) Appeals from ADR decisions; and
(5) Review of applications for Large Scale Retail.
c. The DRB may develop, and after adoption by the City Commission, apply
specific guidelines related to such concerns as architectural appearance, landscape
design and signage for the construction and/or alteration of structures, sites or
areas;
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d. The DRB may review applicable development proposal applications for zoning
text amendments, or applications for moving, demolition or any other kind of
permit that may affect properties located within entryway corridors.
e. The DRB has responsibility for projects subject to §18.34.040.C, BMC.
3. ADR. The ADR staff is established as the review body for aesthetic considerations of
smaller and less complex proposals which are less likely to produce significant
community impact and to provide recommendations regarding such proposals to the
Planning Director and City Commission, subject to the provisions of this title.
a. The ADR staff shall act as the approval authority for sketch plans within overlay
districts when no variance or deviation is requested;
b. The ADR staff shall act as an advisory body to the Planning Director for site
plans within overlay districts not meeting one or more of the thresholds of
§18.34.040.B when no variance or deviation is requested;
c. The ADR staff shall act as an advisory body to the Planning Director regarding
reuse/further development permits within overlay districts; and
d. The ADR staff shall act as an advisory body to the City Commission regarding
all sketch plans and site plans not meeting one or more of the thresholds
§18.34.040.B within overlay districts when variances or deviations are requested,
for conditional use permits for accessory dwelling units, conditional use permits
where no additional building area will be created, and non-PUD divisions of
land;
e. The ADR may develop, and after adoption by the City Commission, apply
specific guidelines related to such concerns as architectural appearance, landscape
design and signage for the construction and/or alteration of structures, sites or
areas; and
f. The ADR may review applicable development proposal applications for zoning
amendments, or applications for moving, demolition or any other kind of permit
that may affect properties located within entryway corridors.
4. WRB. The WRB is established to prepare functional assessments of regulated wetlands
that may be impacted by proposed regulated activities, evaluate the impacts proposed
regulated activities may have on delineated wetlands and to provide wetlands protection,
mitigation and/or enhancement recommendations regarding such proposals to the
Planning Director and City Commission, subject to the provisions of this title.
a. The WRB shall act as an advisory body to the Planning Director for sketch plans
and site plans when no variance or deviation is requested.
b. The WRB shall act as an advisory body to the City Commission for larger and
more complex proposals including conditional use permits, planned unit
developments, all site plans involving variances or deviations, divisions of land,
zone map amendments, and other actions as requested by staff or the
Commission.
5. BOA. The BOA is established to consider zoning variances, deviations, site plans which
include variance or deviations, and conditional use permits, subject to the provisions of
this title. Variances and deviations are subject to Chapter 18.66 and conditional use
permits are subject to Chapter 18.34, in addition to the other relevant aspects of this
title.
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B. Development Review Committee Procedures Established. To implement this purpose, certain
procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or
biweekly meeting attended by representatives of each of the City departments charged with
development review. Each department shall have the ability and authority to require the DRC to
make a recommendation of denial when in their view the project can not meet the requirements
and review criteria of this title and acceptable conditions do not exist to cure the identified
failings of the project. Written meeting reviews, in the form of staff reports or summary reviews
prepared by the Planning Department, shall be made setting forth the DRC’s recommendation
to the Planning Director or City Commission and reasons for requiring such conditions as may
be deemed necessary by the DRC. These records shall be preserved as part of the official file for
each development proposal. Lastly, the DRC shall generally follow “Robert’s Rules of Order”
and may prepare and adopt supplemental procedural rules that will assure the accomplishment
of the stated purpose and promote the efficiency and effectiveness of the developmental review
process.
1. The DRC shall at a minimum be composed of the following personnel: City Engineer or
designee, Fire Marshal or designee, the Streets Superintendent or designee, the Sanitation
Superintendent or designee, the Water/Sewer Superintendent or designee, the Planning
Director or designee and the Building Official or designee. When necessary, other
members of the committee may include: the Director of Public Safety or designee, the
Superintendent of Facilities and Public Lands or designee, the Superintendent of
Recreation or designee, the City Manager or designee, with other individuals to be
included as necessary at the Planning Director’s request.
2. When applicable, the DRC may solicit the input of non-City agencies and persons
including, but not limited to, the county subdivision review officer or designee, the
County Sanitarian or designee, the County Road Superintendent or designee, and state or
federal agencies, with other individuals to be included as necessary.
C. Design Review Board Procedures Established. To implement this purpose, certain procedures
shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly
meeting attended by members of the DRB. Written meeting reviews setting forth decisions and
findings shall be made. These records shall be preserved as part of the official proceedings for
each developmental proposal. Lastly, the DRB shall generally follow “Robert’s Rules of Order”
and may prepare and adopt supplemental procedural rules, upon the approval of the City
Commission, that will assure the accomplishment of the stated purpose and promote the
efficiency and effectiveness of the design review process.
1. The DRB shall consist of six professional and two nonprofessional members.
Professional members shall be degreed in their respective disciplines and/or otherwise
licensed or certified by their respective professional authorities. An appointment to a
term of service on the DRB is for two years. The professional contingent shall consist of
three architects and at least one architectural historian, and at least one landscape
architect or landscape designer. At least one of the professional members shall have
demonstrated expertise in urban design. Nonprofessional members shall be individuals
with an interest in, or knowledge of, urban design or historic preservation. No member
of the DRB shall serve concurrently as a member of the Planning Board or Zoning
Commission. A quorum of the DRB shall be four voting members and one of the
members constituting the quorum must be an architect. In the event a quorum of the
DRB may not otherwise be attained, the ADR staff may serve as alternates to prevent
delay in project reviews.
2. In selecting the members, the City Commission shall give preference to residents of the
City of Bozeman. However, where a qualified professional resident is not available to
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serve, the City Commission may appoint a professional member who practices
professionally, owns property or owns a business within the City. Where a
nonprofessional resident is not available to serve, the City Commission may appoint a
nonprofessional member who works, owns property or owns a business within the City.
D. Administrative Design Review Staff Procedures Established. To implement this purpose,
certain procedures shall be adopted for the administrative evaluation of a proposal without
public notice or comment, unless a deviation from the underlying zoning is requested. After a
proposal has been evaluated by the ADR staff, they shall issue a written decision that shall
include findings and may include a notice of required corrections. The ADR staff may call a
conference with the applicant to determine design alternatives, or the applicant may call a
conference with the ADR staff for the same purpose. Any such conference shall be conducted
prior to the issuance of a building permit for the proposal.
1. ADR staff shall consist of two Planning Department staff members. One member shall
be degreed or otherwise licensed or certified by his/her respective professional
authorities in an environmental design discipline such as architecture, landscape
architecture or urban design. The second member shall be the Planning Director or
his/her designee who may or may not be degreed in architecture. In the event that
necessary ADR staff is not available, the DRB may act to provide design review services.
E. Waiver of Design Review. In the event that neither the DRB nor the ADR staff as established
in this chapter are able to complete a quorum or have the necessary personnel to conduct the
reviews otherwise required by this title, the requirement for review by DRB or ADR is waived.
Nothing in this section shall constitute a waiver of the required review criteria established in
Chapters 18.28, 18.30, 18.36, and 18.56, BMC.
F. Wetlands Review Board Procedures Established. The WRB will be convened as necessary to
review proposals that involve regulated activities and may impact regulated wetlands based on
the provisions contained in Chapter 18.56, BMC. To implement this purpose, certain
procedures shall be adopted to include, but not be limited to, scheduling meetings as needed to
be attended by members of the WRB. Written meeting reviews setting forth decisions and
findings shall be made. These records shall be preserved as part of the official proceedings for
each development proposal. Lastly, the WRB shall generally follow “Robert’s Rules of Order”
and may prepare and adopt supplemental procedural rules, upon the approval of the City
Commission, that will assure the accomplishment of the stated purpose and promote the
efficiency and effectiveness of the wetland review process.
1. The WRB shall consist of six members. An appointment to a term of service on the
WRB is for two years. Members shall be degreed in their respective disciplines and/or
otherwise licensed or certified by their respective professional authorities. Members shall
consist of at least one biologist, one soil scientist, one plant scientist, and one
hydrologist.
2. In selecting the members, the City Commission shall give preference to residents of the
City of Bozeman. However, where a qualified resident is not available to serve, the City
Commission may appoint a member who practices professionally, owns property or
owns a business within the City.
G. Board of Adjustment Procedures Established. The BOA will be convened as necessary to
review applications for variances or deviations or applications involving variances or deviations.
The BOA will also review applications for conditional use permits. To implement this purpose,
certain procedures shall be adopted which may include, without limitation, a regularly scheduled
weekly or biweekly meeting attended by members of the BOA. A record of the reviews and
decisions shall be made. These records shall be preserved as part of the official proceedings for
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each development proposal. Lastly, the BOA shall generally follow “Robert’s Rules of Order”
and may prepare and adopt supplemental procedural rules, upon the approval of the City
Commission, that will assure the accomplishment of the stated purpose and promote the
efficiency and effectiveness of the review process.
1. The BOA shall consist of 7 members. The term of appointment is for 3 years, with
staggered terms. Members shall be appointed by the City Commission. A member may be
removed per Section 76-2-322, MCA. The concurring vote of four members of the board is
required to take official action.
2. In selecting the members, the City Commission shall give preference to residents of the
City of Bozeman. However, where a qualified resident is not available to serve, the City
Commission may appoint up to one non-resident member who practices professionally,
owns property or owns a business within the City.
a. Preference should be given to applicants who have prior experience with local
government, who will uphold the intent and purpose of the City’s land use
regulations, and who will honor the purpose of a Board of Adjustment.
18.62.020 GENERAL PROCEDURES, NOTICE AND TIMING
A. Informal Advice and Direction. A person or organization considering any construction, building
or site alteration, rezoning or other development activity, may approach the DRC, DRB, ADR
or WRB for informal advice and direction. Such discussion shall be treated as advisory by both
parties and shall record only the fact that contact had been made. An informal review by the
DRC and/or DRB may be requested by submitting a completed application form provided by
the Planning Director along with any schematic development plans or written narrative at least
one week prior to the next regularly DRC and/or DRB meeting. An informal review by the
WRB may be requested by submitting a completed application form provided by the Planning
Director along with a wetland delineation for the regulated wetland, development plans or
written narrative describing the proposed regulated activity and a WRB meeting will be
convened within two weeks of application submittal. The initial informal review by an applicant
or owner for a specific parcel shall be conducted without a fee. A fee, set in accordance with the
fee resolution adopted by the City Commission, shall be charged for a second or subsequent
informal review requested by the same applicant and/or owner for the same real property as a
prior informal review. No application is required for informal review or advice by the ADR staff.
B. Formal Application. An application for DRC, DRB, ADR and/or WRB consideration of a
development proposal must be submitted utilizing a form available from the Planning Director.
Material to be submitted with the application shall include the elements set forth within the
requirements for the type of proposal to be considered, i.e., sketch plan, site plan, conditional
use permit, certificate of appropriateness, planned unit development, divisions of land, etc. as
outlined in this title. It is recommended that the applicant discuss the application informally with
the DRC, DRB, ADR or WRB prior to formal submission to help expedite the process.
Depending upon the size of the proposed project, its location and type, the applicant may be
directed to one or more agencies of the City for processing.
C. Public Notice. Public notice for any proposal before the DRC, DRB, ADR or WRB that
requires such notice shall be provided in accordance with Chapter 18.76, BMC.
D. DRC, DRB, ADR or WRB Action. By no later than 30 working days from the date of the first
regularly scheduled DRC and/or DRB meeting, or a meeting convened by the WRB, at which
the applicants’ proposal was initially reviewed, the DRC, DRB or WRB shall take action to
recommend approval, approval with conditions, table pending submission of revised or
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additional materials or recommend denial of the applicant’s proposal, unless the applicant grants
a written extension to the review period. For proposals subject to ADR review, the ADR staff
shall recommend approval, approval with conditions, delay pending submission of revised or
additional materials or denial of the applicant’s proposal.
E. BOA Action. After the applicants’ proposal is found sufficient for review, the schedule for BOA
action to approve, approve with conditions, table pending submission of revised or additional
materials, or deny the applicant’s proposal shall be established.
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CHAPTER 18.64
ADMINISTRATION, FEES AND PENALTIES
18.64.010 REVIEW AUTHORITY
A. The City Commission has the right to review and require revisions to all development proposals
subject to this title, and delegates that authority in certain circumstances as set forth below to the
Planning Director and Board of Adjustment, reserving to itself the right to hear appeals from
decisions of the Planning Director and Board of Adjustment. The purpose of this review is to
prevent demonstrable adverse impacts of the development upon public safety, health or general
welfare, or to provide for its mitigation; to protect public investments in roads, drainage
facilities, sewage facilities, water facilities, and other facilities; to conserve the value of adjoining
buildings and/or property; to protect the character of Bozeman; to protect the right of use of
property; advance the purposes and standards of this title and the adopted growth policy; and to
ensure that the applicable regulations of the City are upheld.
B. The Planning Director shall, upon recommendation from the DRC, DRB, ADR or WRB as may
be applicable approve, approve with conditions or deny all applications subject to this title,
except master site plans, conditional use permits, planned unit developments and subdivisions,
or any application involving deviations or variances. Decisions of the Planning Director are
subject to the appeal provisions of Chapter 18.66, BMC,
1. Exception. The City Commission may, by an affirmative, simple majority, vote of its
members at a regularly scheduled meeting reclaim to itself the final approval of a
development normally subject to the approval of the Planning Director. The vote shall
occur prior to the action of the Planning Director.
C. The Board of Adjustment shall, upon recommendation from the DRC, DRB, ADR or WRB as
may be applicable approve, approve with conditions or deny applications for all variances and
deviations, site/sketch plans with variances or deviations, or conditional use permits subject to
this title, except planned unit developments and subdivisions. Decisions of the BOA are subject
to the appeal provisions of Chapter 18.66, BMC,
1. Exception. The City Commission may, by an affirmative vote of three of its members at
a regularly scheduled meeting reclaim to itself the final approval of a development
normally subject to the approval of the Board of Adjustment. The vote shall occur prior
to the action of the Board of Adjustment.
D.. As detailed in Chapter 18.62, BMC, the City Commission authorizes the Development Review
Committee, Design Review Board, administrative design review staff and/or Wetlands Review
Board, as applicable, to review and to make recommendations to the Planning Director or City
Commission regarding development proposals.
E.. The City Commission or its designated representatives may require the applicant to design the
proposed development to reasonably minimize potentially significant adverse impacts identified
through the review required by these regulations. The City Commission or its designated
representatives may not unreasonably restrict a landowner’s ability to develop land, but it is
recognized that in some instances the unmitigated impacts of a proposed development may be
unacceptable and will preclude approval of the development as submitted. Recognizing that the
standards of this title are minimum requirements and the public health, safety, and general
welfare may be best served by exceeding those minimums, the City Commission or Planning
Director may require as a condition of approval, additional landscaping, screening, timing
requirements, setbacks or other mitigation exceeding the minimums of this title.
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18.64.020 ADMINISTRATION AND ENFORCEMENT - PLANNING DIRECTOR
AUTHORITY
A. The Planning Director, or his/her designated representative, shall administer and enforce this
title. He/she may be provided with the assistance of such other persons as the Planning Director
may supervise and those assistants shall have essentially the same responsibilities as directed by
the Planning Director.
B. The Planning Director may in the administration of this title consult with other persons having
expertise in relevant subject areas as in his/her opinion is necessary for the review of the
proposed development or administration of the title.
C. If the Planning Director shall find that any of the provisions of this title are being violated,
he/she shall notify in writing the person responsible for such violations, indicating the nature of
the violation and ordering the action necessary to correct it. He/she shall order discontinuance
of illegal use of land, illegal additions, alterations or structural changes; discontinuance of any
illegal work being done; or shall take any other action authorized by this title to ensure
compliance with or prevent violation of its provisions.
18.64.030 ENFORCEMENT - PLANNING DIRECTOR
This title shall be enforced by the Planning Director and his/her authorized representatives. No
development approval, subdivision approval, building permit or business or occupational use license
shall be issued, except in compliance with the provisions of this title.
18.64.040 STOP-WORK ORDER - PLANNING DIRECTOR, BUILDING OFFICIAL, CITY
ENGINEER AUTHORITY
Whenever any subdivision, development or building work is being done contrary to the provisions of
this title, the Planning Director shall order the work stopped by notice in writing served on any person
engaged in doing or causing such work to be done, and any such person shall forthwith stop such work
until authorized by the Planning Director to proceed with the work. The Building Official or City
Engineer may also issue a stop-work order when building work is being done contrary to the provisions
of this title.
18.64.050 PERMISSION TO ENTER
The City Commission, or its designated agents, may conduct such investigations, examinations and site
evaluations as they deem necessary to verify the information supplied. The submission of material or a
plat for review shall constitute a grant of permission to enter the subject property.
18.64.060 INACCURATE OR INCOMPLETE INFORMATION AND WAIVERS
A. The City shall review each submitted application for completeness and sufficiency as
described in §§ 18.06.040 and 18.34.070, BMC.
B. The final approval body may withdraw approval or conditional approval of a preliminary plat or
other development approval if they determine that information provided by the applicant, and
upon which approval or conditional approval of the preliminary plat or other development was
based, is inaccurate or incomplete.
1. Within thirty calendar days following approval or conditional approval of a preliminary
plat or other development application, any person or agency that claims that information
provided by the applicant is inaccurate or incomplete may submit the information and
proof to the planning department.
2. The Planning Department shall investigate the claim, the accompanying information and
proof, and make a report to the final approval authority (City Commission or the
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Planning Director) within thirty working days after receipt of the information. If the
final approval authority is the City Commission, the Commission shall consider the
information and proof, and shall make a determination regarding the claim at a regular
meeting. Notice of the meeting or presentation of the report shall be given to the
claimant and the applicant.
18.64.070 COORDINATED REVIEWS
When a proposed subdivision, development or use is also proposed to be annexed to the City of
Bozeman, the City shall coordinate the development review and annexation procedures to minimize
duplication of hearings, reports, and other requirements whenever possible. The City Commission shall
also hold joint public hearings on the initial zoning and the annexation whenever possible. Based upon
the circumstances of proposed development the City may require sequential review of applications.
18.64.080 DATE OF SUBMITTAL AND ASSOCIATED REVIEW STANDARDS
A. Subdivision. Review and approval or disapproval of a subdivision under these regulations may
occur only under those regulations in effect at the time a subdivision application for approval of
a preliminary plat is deemed sufficient according to §18.06.040, BMC, or for an extension under
Chapter 18.06, BMC is submitted to the City of Bozeman.
B. Non-subdivision. Review of nonsubdivision applications shall be under such regulations as are
in effect at the time an application for approval of a preliminary site plan is deemed complete
according to § 18.34.070, BMC; except that an interim zoning ordinance adopted according to §
76-3-306, MCA shall apply to a nonsubdivision application without limitation to the date of
completeness of the application until final action has been taken on the application. .An
applicant may waive, in writing, the shield from changing ordinances established by this section.
In the event that such waiver is provided, the non-subdivision application shall be reviewed
under the ordinances in effect on the date of the final action on the application.
18.64.090 PLANNING DIRECTOR AND BUILDING OFFICIAL - PLAN APPLICATION
CHECKING - NOTICE OF NONCOMPLIANCE
A. It is the intent of this title that the Planning Director and Building Official, or their designees,
shall check all development plans and applications for permits for compliance with this title both
before and during construction.
B. If, during this procedure, the Planning Director and/or the Building Official deems that the
proposed plan or construction does not comply with this title, he shall inform the applicant of
the infraction and shall stop all construction on the project until such time as the applicant,
builder or principal revises his plan to conform to this title and/or fulfills the requirements of
any mandated review procedure(s) as set forth in this title.
18.64.100 BUILDING PERMIT REQUIREMENTS
No building or other structure shall be erected, moved, added to or structurally altered and no land use
shall be changed without valid permits as prescribed in this chapter.
A. Only minor site surface preparation and normal maintenance shall be allowed prior to
conditional approval by the appropriate review authority and the issuance of a building permit,
providing that such activity does not include excavation for foundations or the removal of
mature, healthy vegetation. Upon conditional approval by the appropriate review authority,
excavation for foundations and the preparation of forms may occur. However, no concrete shall
be poured and no further construction shall commence until final site or sketch plan approval
has been granted and until building permits have been issued.
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1. EXCEPTION: When construction and funding of public streets are occurring under
the provisions of Chapter 18.36, BMC, Planned Unit Development (PUD), the issuance
of building permits may be allowed prior to completion of infrastructure improvements,
pursuant to the provisions established in Chapter 18.74, BMC.
B. Building Permit. Within the limits of the City, building permits shall be obtained by following
the latest version of the International Building Code (International Code Council, 5360 South
Workman Mill Road, Whittier, California) adopted by the City.
C. The building permit shall be obtained by application to the Building Official. Applications shall
be accompanied by plans in duplicate, drawn to scale showing the actual dimensions and shape
of the lot to be built upon; the legal description of the parcel; the exact sizes and location on the
lot(s) of buildings already existing, if any; the location and dimensions of the proposed buildings
or alternatives; and two copies of the approved site plan or sketch plan as approved under
Chapters 18.34, 18.36, etc. of this title.
D. One copy of the plans shall be returned to the applicant after the Building Official and Planning
Director have marked each copy either as approved or disapproved and attested to same by their
signatures. The second copy similarly marked shall be retained by the Building Department.
E. Approval of any plan that has been granted based upon false information provided by the
applicant shall be deemed void without requirement for further action by the City.
F Based upon an approved sketch, site plan, certificate of appropriateness, conditional use permit
or planned unit development (hereinafter referred to as “plan”), and after any appeals have been
resolved, a building permit for the site may be requested and may be granted, provided such
building permit is granted within one year of plan approval. Prior to lapse of one year, the
applicant may seek an extension of one additional year from the Planning Director. In such
instances, the Planning Director shall determine that the terms and circumstances have not
significantly changed since the initial approval.
18.64.110 PERMIT ISSUANCE - CONFORMITY WITH REGULATIONS REQUIRED
No permit or license of any type shall be issued unless in conformance with the regulations contained
within this title. Permits issued on the basis of plans and applications approved by the Building Official
and Planning Director authorize only the use, arrangement and construction set forth in such approved
plans and applications, and no other use, arrangement or construction. Use, arrangement or
construction at variance with that authorized shall be deemed a violation of this title, punishable as
provided in this chapter.
18.64.120 PERMITS ISSUED CONTRARY TO TITLE DEEMED VOID
Any authorization, including without limitation subdivision approval, site plan approval or building
permit, issued, granted or approved in violation of the provisions of this title shall be null and void and
of no effect without the necessity of any proceedings or a revocation or nullification thereof, and any
work undertaken or use established pursuant to any such building permit or other authorization shall be
unlawful.
18.64.130 EXPIRATION OF PERMITS
Every permit issued by the Building Official under the provisions of this title shall expire by limitation
and become null and void if the building or work authorized by such permit has not commenced within
180 calendar days from the date of such permits, or if the building or work authorized by such permit is
suspended or abandoned at any time after the work is commenced for a period of 120 calendar days.
Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee
therefore shall be one-half the amount required for a new permit for such work, provided no changes
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have been made or will be made in the original plans and specifications for the work, and provided
further that such suspension or abandonment has not exceeded one year.
18.64.140 FEE SCHEDULE
A. The City Commission shall establish a schedule of fees, charges and expenses and a collection
procedure for reviews, permits, appeals and other matters pertaining to this title. The schedule
of fees for the procedures listed below shall be set from time to time by the City Commission by
resolution. The fees shall be available in the office of the Planning Director and may be altered
or amended only by the City Commission.
B. No subdivision, permit, zone change, site plan, conditional use, special temporary use, planned
unit development, deviation or variance shall be issued unless or until such costs, charges, fees
or expenses have been paid in full, nor shall any action be taken on proceedings before the
administrative design review staff, Development Review Committee, the Design Review Board,
the Zoning Commission, the Planning Board or the City Commission until fees have been paid
in full.
18.64.150 COMPLAINTS OF ALLEGED VIOLATIONS - FILING AND RECORDING
Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written
complaint. Such complaint, stating fully the causes and basis thereof shall be filed with the Planning
Director. He shall record properly such complaint and immediately investigate and take action thereon
as provided by this title.
18.64.160 VIOLATION - PENALTY - ASSISTING OR ABETTING - ADDITIONAL
REMEDIES
A. Violation of the provisions of this title or failure to comply with any of its requirements
including violations of conditions and safeguards established in connection with the grant of
variances or conditional uses or any of the required conditions imposed by the Planning
Director and/or City Commission 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 or
imprisoned or both, as set forth in state law regarding subdivision and zoning, and in addition
shall pay all costs and expenses involved in the case except as stated in subsection D of this
section.
1. Each day such violation continues shall be considered a separate offense and punishable
as such.
2. For violations relating to plats each sale, lease or transfer of each separate parcel of land
in violation of any provision of these regulations or the Montanan Subdivision and
Platting Act shall be deemed a separate and distinct offense.
B. The code compliance officer is authorized to issue a notice to appear under the provisions of
§46-6-310, MCA 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, participates in, assists or maintains such
violation may each be found guilty of a separate offense and suffer the penalties herein provided.
D. If transfers not in accordance with these regulations or the Montana Subdivision and Platting
Act are made, the City Attorney shall commence action to enjoin further sales or transfers and
compel compliance with all provisions of these regulations. The cost of the action must be
imposed against the party not prevailing.
E. When a violation has not been corrected by the property owner after written notice from the
City, the enforcement officer or Planning Director may seek approval for filing at the Gallatin
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County Clerk and Recorder’s Office a Notice of Violation or Noncompliance. Such notice shall
serve to advise potential purchasers of existing violations of this title or of on-going
enforcement actions regarding a property. Such notice shall clearly state that the parcel or
development on the parcel is in violation of this title and that correction of the violation must be
made prior to the City approving additional development or redevelopment of the site. The
notice shall also describe the nature of the violation and applicable citations to the relevant
sections of this title.
1. When such a notice is to be filed the enforcement officer shall either:
a. Through the office of the City Attorney bring an action for civil and/or
injunctive relief that requests a court order to record a Notice of Violation or
Noncompliance; or
b. Schedule a public hearing to be held before the City Commission with the
intention of receiving an order from the City Commission confirming the validity
of the violation and the need for correction, and authorizing the recording of the
Notice of Violation or Noncompliance. Notice of such a hearing shall be
provided as required by Chapter 18.76, BMC.
2. When a violation has been corrected for which a Notice of Violation or Noncompliance
was filed, the City shall record a release of noncompliance indicating that the prior
violation has been corrected. The property owner is responsible for notifying the
Planning Department in writing of the correction of the violation or noncompliance.
Upon receipt of such notification by the property owner, the enforcement officer shall
conduct an inspection to verify correction prior to the recording of the release.
F. The City may maintain an action or proceeding in a court of competent jurisdiction to compel
compliance with, or to restrain by injunction the violation of, any provision of this title.
G. Nothing herein contained shall prevent the City from taking such other lawful action as is nec-
essary to prevent or remedy any violation.
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CHAPTER 18.66
APPEALS, DEVIATIONS AND VARIANCE PROCEDURES
18.66.010 PURPOSES
A. This chapter is adopted:
1. To establish procedures for granting relief from the requirements of this title subject to
the standards of this chapter in order to preserve equitable implementation of the law,
prevent special treatment to particular parties and preserve the various rights established
by the Montana and United States constitutions of all persons subject to this title;
2. To provide through appeals of administrative interpretations a procedure for
consideration of and resolution of disputes regarding the meaning and implementation
of this title;
3. To provide through deviations a procedure for flexibility, as a means to support
creativity and excellence of design, in the application of the standards of this title in
overlay districts and planned unit developments as provided for in this title;
4. To provide through zoning variances a procedure for relief from the occasional
inequities created by the physical standards of this title relating to zoning when such
standards create a substantially unequal burden on a particular parcel of land in a fashion
that would otherwise prevent the reasonable use of property, owing to physical
circumstances unique to that parcel;
5. To prohibit the granting of variances that would be contrary to the public interest and
endanger public health, safety and welfare;
6. To provide through subdivision variances a procedure for relief from standards relating
to platting requirements or improvements within public rights-of-way when such
standards would result in undue hardship and are not essential to the public health,
safety and general welfare; and
7. To allow for appeals from decisions made by administrative staff approving, approving
with conditions or denying applications for development approval.
B. The Board of Adjustment shall hear and decide variances and deviations as follows:
1. . Authorize in specific cases such deviations from the terms of this title relating to
zoning as will advance the intent and purposes of this title and meet the standards
established for the granting of deviations;
2. Authorize in specific cases such zoning variances from the physical standards of this
title, exclusive of those items included as subdivision variances, that will not be contrary
to the public interest, where owing to special conditions a literal enforcement of the
provisions will result in unnecessary hardship, and so that the spirit of this title shall be
observed and substantial justice done.
C. The City Commission shall hear and decide appeals of administrative decisions, variances and
deviations as follows:
1. When Reclaimed per Section 18.64.010.C, BMC.
a. Authorize in specific cases such deviations from the terms of this title relating to
zoning as will advance the intent and purposes of this title and meet the
standards established for the granting of deviations; and
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b. Authorize in specific cases such zoning variances from the physical standards of
this title, exclusive of those items included as subdivision variances, that will not
be contrary to the public interest, where owing to special conditions a literal
enforcement of the provisions will result in unnecessary hardship, and so that the
spirit of this title shall be observed and substantial justice done.
2.. Authorize in specific cases such subdivision variances from the platting requirements
and standards for improvements within public rights-of-way required by this title where
it is found that strict compliance would result in undue hardship and is not essential to
the public health, safety and general welfare.
3. Consider appeals from decisions of the Planning Director regarding subdivision
exemptions.
4. Consider deviations to standards of the title when proposed through a planned unit
development.
5. Hear and decide appeals where it is alleged there is error in any order, requirement,
decision or determination made by an administrative official in the enforcement of this
title or of any standards adopted pursuant thereto. An aggrieved person may appeal the
final decision of the Planning Director in the manner provided in this chapter
18.66.020 HEARING AND NOTICE REQUIREMENTS
A. There shall be a hearing before the Board of Adjustment or City Commission for any appeal of
administrative decisions and interpretations and for each application for any variance or
deviation. The hearing shall be held at an appointed time and place. Testimony shall be taken by
the BOA or Commission from persons interested in the application and from the Planning
Department staff.
B. The Planning Director or Clerk of the Commission shall give public notice as required by
Chapter 18.76, BMC of all public hearings to be held before the BOA or City Commission.
Notification of appeal procedures shall be included in the initial posting and notice of the
proposal, provided that an initial posting and notice is required by Chapter 18.76, BMC.
18.66.030 ADMINISTRATIVE PROJECT DECISION APPEALS
A. An aggrieved person may appeal the final decision of the Planning Director in the manner
provided in this section. Any appeal of a final administrative decision to approve, approve with
conditions or deny an application shall be an appeal on the basis of the information available to
the Planning Director including this title, all submitted application materials, review and
recommendations by administrative staff or advisory bodies, public comment and such other
materials as were available. Denial of requests for waiver or alteration of applicable regulations is
not a decision subject to appeal of an administrative decision. This section shall also apply to
decisions by the Planning Director regarding evasion of the Subdivision and Platting Act per
§18.10.070, BMC.
B. Application of Appeal Procedures. Appeals from administrative staff to the City Commission or
the courts are set forth in the various sections of this title. Said appeals are permitted under the
provisions of this section in the manner set forth herein.
1. These appeal procedures shall apply to the decisions brought forth by the Planning
Director.
2. Appeals shall be from the Planning Director to the City Commission according to
Section 18.66.010, BMC.
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3. In reviewing an appeal the City Commission shall consider the application as if it were
the original approval.
C. Filing of Notice of Appeal. An appeal shall be taken by filing with the Clerk of the Commission
a notice of intent to appeal by 5:00 pm on the fourth business day following the final decision of
the Planning Director, and a documented appeal and appeal fee within seven business days of
the final decision of the Planning Director. Such notice of intent to appeal shall include the
following:
1. The action of the Planning Director which is the subject of the appeal; and
2. The date of such action.
D. Appeal Contents. In all cases, the complete appeal application shall include, and shall not be
deemed filed until, all of the materials required by §18.78.140, BMC is submitted.
E. Notice of Appeal. Once a complete appeal has been filed and a hearing date is set, notice of the
appeal shall be provided in the same fashion as was required for notice of the initial application.
The date, time and location for the public hearing on the appeal before the City Commission
shall be included in the required notice of the appeal.
F. Scheduling of the Hearing. Upon receipt of a complete appeal application the Clerk of the
Commission shall place the appeal on the next available regularly scheduled City Commission
agenda for scheduling. The City Commission shall schedule the hearing of the appeal within
thirty working days of the agenda item to set the hearing date.
G. Material. The material to be considered by the City Commission shall be the record of the
project review, including the Planning Director’s decision, in addition to materials that may be
submitted during the processing and review of the appeal.
1. No less than fourteen calendar days prior to the appeal hearing before the City
Commission the Planning Department shall transfer the entire record of the application
to the City Commission.
2. Any materials submitted by the appellant shall be provided to the City Commission no
less than fourteen calendar days prior to the appeal hearing before the City Commission.
H. Procedure of the Hearing. At the hearing on the appeal, the following procedure shall be
followed:
1. Only arguments and evidence relevant to the application shall be presented. The
presentation shall be made in the following order, subject to such limitations, in time and
scope as may be imposed at the discretion of the presiding officer:
a. Explanation of the application and nature of the appeal and presentation by
Planning Department staff;
b. Presentation of position by the applicant and/or representative;
c. Presentation by any person who is a proponent or an opponent of the
application; and
d. Motion, discussion and vote by the City Commission.
2. No person making a presentation shall be subject to cross-examination except that
members of the City Commission and the City Attorney may inquire of such person for
the purpose of eliciting information and for the purpose of clarifying information
presented.
I. Alternative Actions Available to the Appellate Body. At the conclusion of the hearing, the City
Commission shall approve, approve with conditions or deny the application.
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18.66.040 ADMINISTRATIVE INTERPRETATION APPEALS
A. A request for appeal of an interpretation of this title, including classifications of use per Chapter
18.14, BMC, shall be made by filing an application, with appropriate fees, with the Clerk of the
Commission within 30 calendar days of the interpretation decision. After receiving a completed
application the Clerk of the Commission shall schedule a hearing at a regular Commission
meeting. In all cases, the complete application shall include, and shall not be deemed filed until,
all of the materials required by §18.78.150, BMC are submitted.
B. The Commission shall cause to be made such investigation of facts bearing on the application as
will provide necessary information to assure that the action on each such application is
consistent with the intent and purpose of this title. During time of appeal all construction shall
cease and shall not commence until approved by the City Commission.
C. When interpreting the meaning of this title, subsections of the ordinance shall be construed in a
manner that will give effect to them all as the ordinance derives its meaning from the entire body
of text taken together.
D. The concurring vote of four members of the Commission shall be necessary to reverse any
order, requirements, decisions or determination of any administrative official, or to decide in
favor of the applicant.
18.66.050 DEVIATIONS
All requests for deviations in the neighborhood conservation overlay district, entryway overlay districts
or through the PUD process shall be heard by the BOA. Deviations may only be applied for in
conjunction with submittal of a development proposal of a type authorized by Chapters 18.34 and
18.36, BMC. Standards and criteria for award of deviations are contained in Chapters 18.28, 18.30 and
18.36, BMC. The concurring vote of four members of the BOA shall be necessary to grant requested
deviations to this title. The granting of a deviation is an exercise of administrative power that can effect
no change in the ordinance. A deviation may be granted only in a specific instance permitting a
nonconformity in order to accomplish the specific objectives of Sections 18.28.070, 18.30.080, and
18.36.030.D., and provided the standards and criteria imposed are met. Deviations shall not be granted
for relief from procedural requirements, or to waive or vary the application of an ordinance provision
imposing specific safety requirements, or to waive or vary the application of other ordinances or statutes
18.66.060 ZONING VARIANCES
A. Application. A request for one or more variance(s) shall be made by filing an application, with
appropriate fees, with the Planning Director at least 30 calendar days prior to the BOA hearing
and shall be accompanied by the materials described in §18.78.160, BMC.
B. Investigation of Facts. The BOA shall cause to be made such investigation of facts bearing on
the application as will provide necessary information to assure that the action on each such
application is consistent with the intent and purpose of this title.
C. Criteria for Consideration and Decision. In acting on an application for a variance, the BOA
shall designate such lawful conditions as will secure substantial protection for the public health,
safety and general welfare, and shall issue written decisions setting forth factual evidence that the
variance meets the standards of §76-2-323,MCA in that the variance:
1. Will not be contrary to and will serve the public interest;
2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary
hardship which would unavoidably result from the enforcement of the literal meaning of
this title:
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a. Hardship does not include difficulties arising from actions, or otherwise be self-
imposed, by the applicant or previous predecessors in interest, or potential for
greater financial returns; and
b. Conditions unique to the property may include, but are not limited to, slope,
presence of watercourses, after the fact imposition of additional regulations on
previously lawful lots, and governmental actions outside of the owners control;
3. Will observe the spirit of this title, including the adopted growth policy, and do
substantial justice;
4. In addition to the criteria specified above, in the case of a variance relating to the flood
hazard provisions of Chapter 18.58, BMC:
a. Variances shall not be issued for areas within a floodway if any additional
increase in flood elevations or velocities after allowable encroachments into the
floodway fringe would result;
b. Variances shall only be issued upon:
(1) A determination that the granting of a variance will not result in
increased flood hazards, present additional threats to public safety, be an
extraordinary public expense, create nuisances, cause fraud, victimize the
public, or conflict with existing state and local laws;
(2) A determination that the proposed use would be adequately
floodproofed as specified in Chapter 18.58, BMC;
(3) A determination that a reasonable alternate location outside the
floodplain is not available;
(4) A determination that the variance requested is the minimum necessary to
afford relief, considering the flood hazard; and
(5) Approval of the Montana Department of Natural Resources and
Conservation, upon request from the City, prior to formally approving
any permit application that is in variance to these regulations.
D. Authorization and Limitations on Approval.
1. The BOA may, after public notice and hearing, deny, approve or conditionally approve
all requests for variances meeting all the criteria of this section, including:
a. Requests to modify dimensional or other numerical requirements of this title;
b. Requests for multiple variances;
c. Requests to modify flood hazard district requirements subject to the provisions
of Chapter 18.58, BMC, except that no variance shall be granted to allow
construction of buildings within the floodway of a 100-year frequency flood as
defined in Title 76, Chapter 5, MCA; and
d. Requests for variances in conjunction with conditional use permits, except
planned unit developments. Approvals of all such variances shall be conditioned
upon BOA approval of the conditional use permit.
2. The scope and extent of the variance(s) shall be limited to the minimum relief necessary
to provide reasonable use of the property.
3. In no case may the BOA grant variances to allow uses not already permitted pursuant to
this title or alter administrative requirements of this title. Permission to change uses
allowed on a parcel may be sought through a zone map amendment or an amendment to
the text of the applicable zoning district.
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4. The concurring vote of four members of the BOA shall be necessary to effect any
variance of this title.
5. Notifications of approval for variances related to flood hazard requirements of Chapter
18.58, BMC shall notify the applicant that:
a. The issuance of a variance to construct a building below the 100-year floodplain
elevation will result in increased premium rates; and
b. Such construction below the 100-year flood elevation increases risks to life and
property.
E. Effective Time for BOA Decisions - Variances Void When. The decision of the BOA shall be
final except as provided in §18.66.080, BMC. If a building permit or land use permit is not
obtained for the subject property within six months from the date of the BOA’s decision, the
variance shall be automatically canceled and become null and void.
F. Variances are subject to §76-2-321 through §76-2-328, MCA.
18.66.070 SUBDIVISION VARIANCES
A. Procedure. The subdivider shall provide during the preapplication process, and include with the
submission of the preliminary plat, a written statement describing the requested variance and the
facts of hardship upon which the request is based. The Planning Board shall include their
findings and conclusion regarding the requested variance in its recommendation to the City
Commission. The City Commission shall then consider each variance at the public hearing on
the preliminary plat.
B. Review Criteria. Per §76-3-506, MCA, a variance to this title must be based on specific variance
criteria, and may not have the effect of nullifying the intent and purpose of this title. The City
Commission shall not approve subdivision variances unless it makes findings based upon the
evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
2. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced;
3. The variance will not cause a substantial increase in public costs; and
4. The variance will not, in any manner, place the subdivision in nonconformance with any
other provisions of this title or with the City’s growth policy.
C. Variances from Floodway Provisions Not Authorized. The City Commission may not, by
subdivision variance, permit subdivision for building purposes in areas located within the
floodway of a flood of 100-year frequency as defined in Title 76, Chapter 5, MCA. Any variances
related to floodways shall meet the standards of §18.66.060.C.4.a, BMC.
D. Conditions. In granting subdivision variances, the City Commission may require such
conditions as will, in its judgment, secure the objectives of this title. Any approval under this
section shall be subject to the terms of the conditions designated in connection therein. Any
conditions required shall be related both in purpose and scope with the relief sought through the
variance.
E. Statement of Facts. When any variance from this title is granted, the motion of approval shall
contain a statement describing the variance and conditions upon which the issuance of the
variance is based.
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F. Planned Unit Development. Where the standards and requirements of this title are proposed to
be modified through a planned unit development, the applicable process shall be a deviation
rather than a variance.
G. Limitations on Approvals. For subdivision variances, the variance approval shall be null and
void if the final plat is not filed within the time allowed for final approval by the City
Commission decision.
18.66.080 APPEALS FROM CITY COMMISSION ACTIONS
A. Zoning Variances. Any person or persons, jointly or severally, aggrieved by any decision of the
BOA or City Commission under this chapter, or any taxpayer, or any officer, department, board
or bureau of the municipality may present to a court of record a petition, duly verified, setting
forth that such decision is illegal in whole or in part and specifying the grounds of illegality. Such
petition shall be presented to the court within the time frame established by state law.
B. Zoning Decisions. An aggrieved person may appeal the approval, approval with conditions or
denial of a development application acted upon by the BOA or City Commission by presenting
to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or
in part and specifying the grounds of illegality. Such petition shall be presented to the court
within the time frame established by state law.
C. Subdivision Appeals. A party identified in subsection C.1 below who is aggrieved by a decision
of the City Commission to approve, conditionally approve or disapprove a proposed preliminary
plat or final subdivision plat, including variances, may, within thirty days after the decision,
appeal to the Eighteenth Judicial District Court, Gallatin County, State of Montana. The
petition must specify the grounds upon which the appeal is made.
1. The following parties may appeal under the provisions of this section:
a. The subdivider;
b. A landowner with a property boundary contiguous to the proposed subdivision
or a private landowner within the County where the subdivision is proposed if
that landowner can show a likelihood of material injury to the landowner’s
property or its value; and
c. The Gallatin County Commission.
2. If the aggrieved person is the subdivider, they may bring an action in district court to sue
the City to recover actual damages caused by a final action, decision, or order of the City
Commission or a regulation adopted pursuant to this chapter that is arbitrary or
capricious.
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CHAPTER 18.72
SUPPLEMENTARY DOCUMENTS
18.72.010 GENERAL
When required, the supplementary documents described in this chapter shall be submitted in draft form
with the preliminary plat or plan, and signed and notarized with the final plat or plan. The proper
notary block shall be used.
18.72.020 PROPERTY OWNERS ASSOCIATION
A. General. If common property is to be deeded to the property owners association or similar
organization, of if the property owners association will be responsible for the maintenance of the
development’s streets, centers, landscaping in street boulevards, parkland or pathways, property
owners association bylaws or the declaration of covenants, conditions and restrictions shall be
prepared and recorded with the final plat.
B. Bylaws or Covenants, Conditions and Restrictions Contents. The property owners association
bylaws or declaration of covenants, conditions and restrictions shall contain the following
information:
1. Membership. Automatic and mandatory membership for each property or unit buyer
and any subsequent buyer.
2. Common Land/Facilities. The legal description of the common land and a description
of common facilities.
3. Enforcement. Persons or entities entitled to enforce the restrictions, responsibilities and
payment of assessments, including the City of Bozeman.
4. Perpetual Reservation. Perpetual reservation and limited use of common property.
5. Right to Use. The right of each property or unit owner to use and enjoyment of any
common property or facility.
6. Responsibility. Responsibility for liability insurance, any applicable tax assessments and
the maintenance of any common property or facilities to be placed in the association.
7. Assessments. A mechanism to assess the common expenses for the land or facilities
including upkeep and maintenance expenses, real estate taxes and insurance premiums.
Assessments shall require each property or unit owner to pay a pro rata share of the cost
of any common expenses, with any assessment charged by the association becoming a
lien where necessary on individual parcels. Safeguards against unreasonably high charges
and provision to adjust assessments may be provided.
8. A mechanism for resolving disputes among the owners or association members.
9. The conditions and timing of the transfer of ownership and control of land facilities to
the association.
10. Any other matter the developer or the City of Bozeman deems appropriate.
11. In the event it becomes necessary for a property owners association to retain an attorney
to enforce any of the association bylaws or covenants, conditions and restrictions, then
the prevailing party shall be entitled to reasonable attorney’s fees and costs.
C. If the property owners association fails to install or maintain improvements according to
approved plans, the City may, at its option, complete construction of improvements and/or
maintain improvements in compliance with §18.72.030 and Chapter 18.74, BMC. The City’s
representative, contractors and engineers shall have the right to enter upon the property and
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perform such work, and the property owners association shall permit and secure any additional
permission required to enable them to do so. The City shall bill the property owners association
for any costs associated with the installation or maintenance of improvements.
18.72.030 COVENANTS
The City of Bozeman may require covenants to be recorded with the final plat when it is determined
they are necessary for the protection of the public health, safety and general welfare. All covenants shall
be considered to run with the land. If the covenants are not marked or noted on the final subdivision
plat, they shall be contained in a separate instrument which shall be recorded with the final plat. The
covenants may be required to include, but are not limited to, the following provisions:
A. That all county declared noxious weeds will be controlled.
B. A section addressing agricultural uses of neighboring properties in the following form:
Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners
accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise,
smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical
sprays and the use of machinery early in the morning and sometimes late into the evening.
C. That all fences bordering agricultural lands shall be maintained by the landowners in accordance
with state law.
D. The property owners association shall be responsible for the maintenance of subdivision streets,
common open space, centers, pathways, landscaping in street boulevards and/or parks.
E. That any covenant which is required as a condition of the preliminary plat approval and required
by the City Commission may not be amended or revoked without the mutual consent of the
owners in accordance with the amendment procedures in the covenants, and the City
Commission.
F. The condition and timing of the transfer of the property owners association from developer to
the subsequent purchasers.
G. Common Area and Facility Maintenance Plan. The developer shall submit a legal instrument
setting forth a plan providing for the permanent care and maintenance of common areas and
facilities. These common areas and facilities shall include but are not limited to commonly
owned open spaces, recreational areas, facilities, private streets and parking lots. These common
areas and facilities shall also include but are not limited to public parks, squares, open space,
recreation areas, trails, as well as any public streets, avenues and alleys not accepted by the City
for maintenance. The same shall be submitted to the City Attorney and shall not be accepted by
the City until approved as to legal form and effect. If the common areas are deeded to a
property owners association, the applicant shall record the proposed documents governing the
association at the time of final plat filing. Such documents shall meet the following requirements:
1. The property owners association must be established before any residences or other
properties are sold;
2. Membership in the association must be mandatory for each property owner with a
specified method of assigning voting rights;
3. Open space restrictions must be permanent and not for a period of years;
4. The property owners association must be made responsible for liability insurance, taxes,
and maintenance of common facilities;
5. The association must have the power to levy assessments which can become a lien on
individual premises for the purpose of paying the cost of operating and maintaining
common facilities; and
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6. The governing board of any such association shall consist of at least five members who
shall be owners of property in the development.
H. Common Area and Facility Maintenance Guarantee. In the event the organization or any
successor organization established to own and maintain common areas and facilities, shall at any
time fail to maintain the common areas or facilities in reasonable order and condition in
accordance with the approved plan, the City Commission may cause written notice to be served
upon such organization or upon the owners of property in the development. The written notice
shall set forth the manner in which the common areas or facilities have failed to be maintained
in reasonable condition. In addition, the notice shall include the demand that the deficiencies
noted be cured within thirty days thereafter and shall state the date and place of a hearing to be
held within fourteen days of the notice. At the time of hearing, the City Commission may
modify the terms of the original notice as to deficiencies and may extend the time within which
the same may be cured. If the deficiencies set forth in the original notice or modifications are
not cured within the time set, the City may enter upon such common facilities and maintain the
same for a period of one year, in order to preserve the taxable values of properties within the
development and to prevent the common facilities from becoming a public nuisance. Such entry
and maintenance shall not vest in the public any right to use the common facilities not dedicated
to public use. Before the one year period expires, the Commission shall, upon its own initiative
or upon written request of the organization theretofore responsible for maintenance, call a
public hearing and give notice of such hearing to the organization responsible for maintenance
or the property owners of the development. At the hearing, the organization responsible for
maintenance and/or the residents of the development may show cause why maintenance by the
City should not be continued for a succeeding year. If the City Commission determines that it is
not necessary for the City to continue such maintenance, the City shall cease such maintenance
at the time established by the City Commission. Otherwise the City shall continue maintenance
for the next succeeding year subject to a similar hearing and determination at the end of each
year thereafter.
1. The cost of maintenance by the City shall be a lien against the common facilities of the
development and the private properties within the development. The City Commission
shall have the right to make assessments against properties in the development on the
same basis that the organization responsible for maintenance of the facilities could make
such assessments. Any unpaid assessment shall be a lien against the property responsible
for the same, enforceable the same as a mortgage against such property. The City may
further foreclose its lien on the common facility by certifying the same to the County
Treasurer for collection as in the case of collection of general property taxes.
2. Should the property owners association request that the City assume permanent
responsibility for maintenance of facilities, all facilities shall be brought to City standards
prior to the City assuming responsibility. The assumption of responsibility must be by
action of the City Commission and all costs to bring facilities to City standards shall be
the responsibility of the property owners association. The City may create special
financing mechanisms so that those properties within the area affected by the property
owners association continue to bear the costs of maintenance.
3. These common areas and facilities shall include but are not limited to commonly owned
open spaces, recreational areas, facilities, private streets and parking lots. These common
areas and facilities shall also include but are not limited to public parks, squares, open
space, recreation areas, trails, as well as any public streets, avenues and alleys not
accepted by the City for maintenance.
4. The City shall assume permanent responsibility for maintenance of public areas and
facilities when a dedicated funding mechanism is adopted.
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I. Guarantee for Open Space Preservation. Open space shown on the approved final plan or plat
shall not be used for the construction of any structures not shown on the final plan.
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CHAPTER 18.74
IMPROVEMENTS AND GUARANTEES
18.74.010 PURPOSE AND APPLICABILITY
A. This chapter is to provide standards and procedures relating to the installation of physical
improvements and compliance with requirements related to development. As these
improvements are necessary to meet requirements of the law and to protect public health, safety
and general welfare and other purposes of this title it is also necessary to provide means by
which their installation can be assured. Such improvements may include, but are not limited to,
design elements such as landscaping, parking facilities, storm drainage facilities, architectural
features, pedestrian walkways and public utilities. Furthermore, in some situations it is in the best
interest of the person conducting development to be able to guarantee the completion of certain
work and be able to begin utilization of a development sooner than would otherwise be possible
if all improvements had to be physically installed before use could begin. This chapter therefore
has the following purposes:
1. Ensure completion of required improvements or compliance with other requirements of
development to an acceptable standard;
2. Provide buyer/lessee protection while allowing a person undertaking development to
proceed with sales/leases before the project is totally complete, especially multi-phased
projects;
3. Ensure adequate warranty or maintenance, when appropriate, of improvements;
4. Provide for mechanisms to ensure performance of or conformance with conditions of
approval or development requirements; and
5. Accomplish the above listed purposes through mechanisms that reduce the need to rely
on costly litigation to accomplish those purposes.
B. This chapter applies to all subdivisions and site developments as described below.
1. Subdivisions shall install or provide security for installation of improvements prior to
final platting as set forth in detail in this chapter.
2. Site developments including, site plans, conditional use permits, planned unit
developments, reuses and certificates of appropriateness, shall install improvements or
provide security for installation prior to occupancy or commencement of use.
3. The City may determine the nature and timing of required installation of improvements
as part of the subdivision or site development process. When necessary to protect the
health, safety, and general welfare of the public, and ensure the function and viability of
development, certain needed improvements may not be allowed to be financially
guaranteed.
18.74.020 STANDARDS FOR IMPROVEMENTS
A. General. It shall be the responsibility of the developer to comply with the following procedures
and standards for the installation of development improvements.
1. Construction Routes. For all developments, excluding sketch and reuse/further
development, a construction route map shall be provided showing how materials and
heavy equipment will travel to and from the site. The route shall avoid, where possible,
local or minor collector streets or streets where construction traffic would disrupt
neighborhood residential character or pose a threat to public health and safety.
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2. Protection of Existing Improvements. The developer, his contractors and suppliers shall
be jointly and severally responsible to ensure that existing improvements are not
damaged or rendered less useful by the operation of the developer, his contractors or
suppliers. Such protection of improvements may include requirements for cleaning of
vehicles leaving a construction site. This provision is intended to preclude damage to
existing roads, streets, water, sewer and drainage systems. The City Engineer may
instruct the developer as to the streets or roads to be used for access by construction
equipment, and the developer shall be responsible for enforcement of this instruction
upon his contractors and their suppliers. The City of Bozeman may require the
developer to post a surety to guarantee repair of damages.
B. Improvements to be Dedicated to the Public.
1 Plans and Specifications. Engineering and survey plans, specifications and reports
required in connection with public improvements and other elements of the subdivision,
or other development required by the City of Bozeman, shall be prepared by a registered
engineer and/or a registered land surveyor, licensed in the State of Montana, as their
respective licensing laws allow. The plans and specifications shall be prepared in
compliance with the City of Bozeman’s Design Standards and Specifications Policy.
2. Scope of Work. The intent of these regulations is to provide standards by which the
contractor and the developer shall execute their respective responsibilities and guarantee
proper construction and completion in every detail of the work in accordance with the
plans, specifications and terms set forth under these regulations.
a. The developer shall furnish the plans, specifications and typical sections for
approval by the City Engineer. It shall be understood that the work to be done
will not necessarily be limited to occurring within the right-of-way boundaries.
b. The City Engineer shall have authority to make or cause to be made any
reasonable changes, alterations, amendments and additions to the standard
specifications for infrastructure improvements.
3. Control of Work. During the course of construction, and at the completion of each
phase of the project, the developer’s registered civil engineer shall submit a statement
that the improvements have been inspected and found to have been constructed in
accordance with the approved plans and specifications. Prior to making any changes, the
developer’s engineer shall notify and receive written approval or disapproval from the
City Engineer for any changes in approved plans and specifications.
4. Improvement Procedure.
a. Approval of the improvement plans and specifications shall be completed before
installation of improvements or the entering into of an agreement where surety is
to be provided for the completion of the improvements.
b. The procedure for submittal, review and approval of improvement plans and
specifications is contained in the City of Bozeman’s Design Standards and
Specifications Policy, and shall be followed by the developer and/or his
contractors.
c. After the preliminary plat has received approval or conditional approval, and
before the final plat is submitted, the developer shall either install the required
improvements or enter into an agreement with the City of Bozeman financially
guaranteeing the installation and performance of the improvements.
d. After the final site plan is approved, subject to §18.74.030.C, BMC, and prior to
occupancy of any buildings, the developer shall either install the required
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improvements or enter into an agreement with the City of Bozeman financially
guaranteeing the installation and performance of the improvements.
5. Sanitary Facilities. Water supply, sewage disposal and solid waste disposal systems shall
meet the minimum standards of the City of Bozeman and the Montana Department of
Environmental Quality as required by §76-4-101 through §76-4-135, MCA, and
regulations adopted pursuant thereto, and are subject to the approval of the City of
Bozeman.
C. Private Improvements. Improvements shall be constructed as shown on the approved final site
plan, final plat, or plans and specifications, as may be applicable. The developer is responsible
for coordinating installation with all necessary parties and to restore to its original condition any
public improvements or any private improvements or property damaged during installation of
private improvements.
18.74.030 COMPLETION OF IMPROVEMENTS
A. General. The applicant shall provide certification by the architect, landscape architect, engineer
or other applicable professional that all improvements to be dedicated to the public were
installed in accordance with the approved site plan, plans and specifications, or plat as
applicable. For required private improvements, the applicant shall provide certification by
the architect, landscape architect, engineer or other applicable professional that all
improvements, including but not limited to, landscaping, ADA accessibility
requirements, private infrastructure, or other required elements were installed in
accordance with the approved site plan, plans and specifications, or plat as applicable,
unless a waiver of certification in whole or part is explicitly approved by the DRC.
1. Improvements to be Dedicated to the Public. Improvements to be dedicated to the
public, such as water mains, sewer mains and public streets, shall be installed in
accordance with the approved plans and specifications by the developer, and certified by
a registered professional civil engineer, licensed in the state of Montana, and accepted by
the City prior to the approval of the final plat, building permit, issuance of a certificate of
occupancy or other identified benchmark as may be appropriate. As-built drawings
complying with the City of Bozeman’s Design Standards and Specifications Policy,
including timing for submittal of materials, shall be provided.
a. Public street means a public right-of-way or easement developed to adopted City
standards including, but not limited to, the following improvements: curbs,
gutters, storm drainage, sidewalks, paving, traffic control signage or equipment,
and lighting.
2. Private Improvements and Other Required Improvements. Improvements, such as but
not limited to, landscaping, paving or irrigation shall be installed in accordance with the
approved preliminary plat or final site plan by the developer and inspected and found to
comply with the City standards or requirements prior to the approval of the final plat,
issuance of a certificate of occupancy for the building(s) or site, or other identified
benchmark as may be appropriate. All improvements required as part of a subdivision
must be installed and accepted, or financially secured in accordance with an
improvements agreement, prior to final plat approval.
3. Improvements Agreement Required. All improvements necessary or required to meet
the standards of this title or conditions of approval shall be the subject of an
improvements agreement and be guaranteed for final plat approval, occupancy of
buildings or other utilization of an approved development is allowed before the
improvements are completed and inspected by the City.
Ordinance # 1693: Effective March 24, 2007. page 74-3
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a. Reservation. The City reserves the right to require actual installation of
improvements prior to occupancy when such improvements are necessary to
provide for health, safety and welfare or adequate function of systems or onsite
development.
B. Completion Time for Subdivisions.
1. All subdivision improvements, including parks, shall be constructed and completed as
approved by the City.
a. All improvements shall be installed prior to the issuance of a building permit for
any lot within a subdivision unless otherwise provided for in development
proposals occurring under the provisions of Chapter 18.36, BMC, Planned Unit
Development (PUD), when concurrent construction is an identified purpose of
the initial project review, and pursuant to the criteria established in §18.74.030.D,
BMC.
b. The subdivider shall meet one of the following requirements for completion of
street improvements. The option SHALL be specified in the preliminary plat
submittal. Should the applicant not identify which option is desired option (1)
shall be required. Altering the choice of option after approval of the
development shall constitute a material modification to the project and require
rereview of the project for modification to the approval subject to the provisions
of §18.02.070, BMC.
(1) The subdivision streets improvements shall be installed prior to final plat
approval. This requirement may be modified by the City Engineer for
streets where dictated by circumstances, and where acceptable
improvement security for the ultimate development of the streets is
provided. However, under no circumstances shall the required gravel
courses, curbs or gutters be waived. This requirement shall generally not
be modified for nonresidential developments; or
(2) The subdivider shall enter into an improvements agreement guaranteeing
the completion of the paving, curb, gutter, storm drainage, street lighting
or other street infrastructure improvements not yet completed. The
improvements agreement shall be financially guaranteed, as explained in
this chapter. However, at a minimum, the plans and specifications for the
street improvements must be approved by the City Engineer prior to
final plat approval. Building permits will not be issued until the street
improvements are completed and accepted by the City of Bozeman
unless otherwise provided for in development proposals occurring under
the provisions of Chapter 18.36, BMC, Planned Unit Development
(PUD), and pursuant to the criteria established in §18.74.030.D, BMC; or
(3) The subdivider may request that street improvements be guaranteed by
the creation of a special improvements district (SID). If a SID is formed
for the improvements, the SID bonds must be sold before the final plat
can be filed. SIDs shall not be permitted for the installation of
subdivision water and sewer improvements. Building permits will not be
issued until the street improvements are completed and accepted by the
City of Bozeman unless otherwise provided for in development
proposals occurring under the provisions of Chapter 18.36, BMC,
Planned Unit Development (PUD), and pursuant to the criteria
established in §18.74.030.D, BMC.
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2. Sidewalks. City standard sidewalks (including a concrete sidewalk section through all
private drive approaches) shall be constructed on all public and private street frontages
prior to occupancy of any structure on individual lots. Should a subdivider choose not to
install all sidewalks prior to final plat, an improvements agreement shall be entered into
with the City of Bozeman guaranteeing the completion of all sidewalks within the
subdivision within a three-year period. The developer shall supply the City of Bozeman
with an acceptable method of security equal to 150 percent of these remaining sidewalk
improvements.
a. The subdivider shall install sidewalks adjacent to public lands, including but not
limited to, parks, open space, and the intersection of alleys and streets or street
easements. Sidewalks in these areas shall be installed prior to final plat approval,
or shall be subject to an approved improvements agreement and financially
guaranteed.
b. Upon the third anniversary of the plat recordation of any phase of the
subdivision, any lot owner who has not constructed said sidewalk shall, without
further notice, construct within 30 days, said sidewalk for their lot(s), regardless
of whether other improvements have been made upon the lot.
3. Subdivision Lighting. Subdivision lighting, as required in §18.42.150, BMC shall be
incorporated into all subdivisions by means of one of the following. The option SHALL
be specified in the preliminary plat submittal. Should the applicant not identify which
option is desired, option b shall be required. Altering the choice of option after approval
of the development shall constitute a material modification to the project and require
rereview of the project for modification to the approval subject to the provisions of
§18.02.070, BMC.
a. The subdivider shall install street and pathway lighting throughout the
subdivision in compliance with this section.
OR
b. The subdivider shall participate in a street improvement lighting district (SILD)
for the provision of street and pathway lighting.
Prior to final plat approval, subdivision lighting shall be installed, financially guaranteed,
or a SILD shall be created and the bonds sold. If the subdivision lighting is financially
guaranteed, they shall be considered as part of the required street improvements and
building permits shall not be issued until the improvements are installed, unless
otherwise provided for in development proposals occurring under the provisions of
Chapter 18.36, BMC, Planned Unit Development (PUD), and pursuant to the criteria
established in §18.74.030.D, BMC.
C. Completion Time for Site Development. Whenever any building lots and/or building sites are
created inside the City limits, and prior to the issuance of any building permits on such lots or
sites, municipal water distribution systems, and municipal sanitary sewer collection systems, and
streets shall be provided to the site. Each building site must utilize and be connected to both the
municipal water distribution and municipal sanitary sewer collection systems. Subject to the
provisions of subsection 1 below, these improvements shall be designed, constructed and
installed according to the standards and criteria as adopted by the City and approved by both the
City Engineer and Water and Sewer Superintendent prior to the issuance of any building
permits.
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1. Provision of municipal central water distribution, municipal sanitary sewer collection
systems, and streets means that the criteria in either subsection a or subsections b and c
are met:
a. Water, sewer and street services are installed and accepted by the City with
service stubs being extended into the site, with such stubs being of adequate size
to provide water and sewer service to the proposed development without
modification to publicly owned infrastructure;
OR
b. The water mains, sewer mains and streets to be extended to provide service to
the development are: located within a publicly dedicated right-of-way or
easement; constructed to City of Bozeman standards; are physically adjacent to
the site proposed for construction; are installed and accepted by the City; and are
adequate in capacity to provide necessary service to the proposed development;
and comply with the requirements of this subsection and subsection c below:
c. Water mains, sewer mains and streets shall meet the following requirements.
(1) Any required onsite extensions of water mains, sewer mains or streets to
be dedicated to the public shall be located entirely within publicly held
easements or rights-of-way; shall serve only a single lot; are the subject of
an irrevocable offer of dedication to the City upon completion of the
project; the development is under the control of a single developer who
shall retain control of the entire project until final completion; all work is
under the supervision of a single general contractor; and no subdivision
of land is involved;
(2) The DRC shall determine when the standards of this subsection are met.
The Fire Department must consider whether adequate fire protection
services are available from existing hydrants, and water supply exists to
meet needs during construction. If adequate fire protection does not exist
then concurrent infrastructure and building construction may only occur
under the provisions of subsection (3) below. Based on evaluation by the
Fire Department, simultaneous construction of infrastructure to be
dedicated to the public and private construction may be permitted only
within a defined portion of the site;
(3) Approval of the final engineering design, including location and grade,
for the infrastructure project must be obtained from the Engineering
Department, and the Montana Department of Environmental Quality
when applicable, prior to issuance of any building permit for the
development; and
(4) No occupancy, either temporary or final, may be issued until all onsite
and offsite water, sewer and street or drive improvements are installed
and accepted or approved as applicable by the City.
D. Exception. When municipal water distribution and municipal sanitary sewer collection systems
and City streets are being provided to serve a development proposal occurring under the
provisions of Chapter 18.36, BMC, Planned Unit Development (PUD), the issuance of a
building permit may be allowed prior to completion of the public infrastructure, provided that
the following criteria are met:
1. The subject property shall be developed under the provisions of Chapter 18.36, BMC;
2. The subdivider or other developer must enter into an improvements agreement to assure
the installation of required infrastructure and other applicable improvements, to be
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264311
secured by a financial guarantee in an amount to be determined by the city, with said
guarantee to be in the name of the City;
3. Approval of the final engineering design, including location and grade, for the
infrastructure project must be obtained from the Engineering Department, and the
Montana Department of Environmental Quality when applicable, prior to issuance of
any building permit for the development;
4. Building permits may be issued incrementally, dependent upon the status of installation
of the infrastructure improvements. All building construction within the PUD shall
cease until required phases of infrastructure improvements as described in the PUD have
been completed, and inspected and accepted by the City;
5. The subdivider shall provide and maintain fire hazard and liability insurance which shall
name the City as an additional insured and such issuance shall not be cancelled without
at least forty-five days prior notice to the City. The subdivider shall furnish evidence,
satisfactory to the City, of all such policies and the effective dates thereof;
6. The subdivider recognizes, acknowledges and assumes the increased risk of loss because
certain public services do not exist at the site;
7. The subdivider shall enter into an agreement with the City which provides for
predetermined infrastructure funding options;
8. No occupancy of any structures or commencement of any use constructed or proposed
within the boundaries of the PUD will be allowed until required infrastructure
improvements have been completed, and inspected and accepted by the City, and a
certificate of occupancy has been issued;
a. No occupancy of structures or commencement of any use shall occur when such
action would constitute a safety hazard in the opinion of the City;
9. The subdivider shall enter into an agreement with the City to address the provision of
any services on an interim basis during construction, if deemed appropriate;
10. The subdivider shall execute a hold harmless and indemnification agreement
indemnifying, defending and holding harmless the City, its employees, agents and assigns
from and against any and all liabilities, loss, claims, causes of action, judgments and
damages resulting from or arising out of the issuance of a building permit under this
section;
11. The subdivider shall pay for any extraordinary costs associated with the project which
the City may identify, including, but not limited to, additional staff hours to oversee the
planning, engineering and construction of the project and infrastructure improvements,
inspection of the infrastructure improvements and any extraordinary administrative
costs; and
12. The development shall be under the control of a single developer and all work shall be
under the supervision of a single general contractor. The developer and general
contractor shall agree that there shall be no third-party builders until required
infrastructure improvements have been completed, and inspected and accepted by the
City.
13. Subsequent to preliminary plat approval, a Concurrent Construction Plan, addressing all
requirements of this section, shall be submitted for review and approval of the Planning
Director with a recommendation from the Development Review Committee.
E. Notwithstanding the provisions of Section D above, the City may limit the scope, type and
number of projects eligible for simultaneous construction consideration.
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265312
18.74.040 SPECIAL PROVISIONS FOR TIMING OF CERTAIN IMPROVEMENTS
A. Park, Pathway, and Boulevard Improvements.
1. These required improvements shall be installed, or subject to an approved improvements
agreement and financially guaranteed, prior to final plat approval or occupancy of a
building subject to development review, excluding sketch plans.
2. Due to seasonal considerations, building and occupancy permits may be issued prior to
installation of these improvements as long as the improvements are subject to an
approved improvements agreement and are financially guaranteed.
B. Neighborhood Center Improvements.
1. With the exception of neighborhood commercial and civic buildings and their grounds,
neighborhood center improvements shall be installed, or subject to an approved
improvements agreement and financially guaranteed, prior to final plat approval.
2. Due to seasonal considerations, building and occupancy permits may be issued prior to
installation of improvements related to greens, plazas and squares as long as the
improvements are subject to an approved improvements agreement and are financially
guaranteed.
18.74.050 ACCEPTANCE OF IMPROVEMENTS
A. Improvements Dedicated to the Public.
1. Acceptance of Street, Road, and Bridge Improvements. Before any subdivision street,
whether new or existing, can be accepted into the City street system by the City of
Bozeman, it shall be built to meet or exceed the required standards. Any improvements
made to County roads shall meet or exceed standards set by the County Road Office,
and must be reviewed and approved by the County Road Office. Any bridge
improvement, within the City or the County, shall meet or exceed standards set by the
Montana Department of Transportation, and must be reviewed and approved by the
County Road Office and the City of Bozeman, and accepted by the County Road Office
into the County’s bridge maintenance system.
2. Acceptance of Water, Sewer, and Storm Drainage Improvements. Before any public
water, sewer or storm drainage improvement, whether new or existing, can be accepted
into the City system by the City of Bozeman, it shall be built to meet or exceed the
required standards. Any improvement, within the City or County, shall meet or exceed
standards set by the City of Bozeman, Montana Department of Environmental Quality
and County Road Office, and must be reviewed and approved by the City of Bozeman
and the County Road Office, as applicable.
3. As-Built Record Drawings. As-built record drawings of all public infrastructure
improvements constructed within the City of Bozeman, drawn to the specifications
required by the Engineering Department, shall be submitted prior to final plat approval,
per §8.94.3003(3.g), ARM, or other relevant final benchmark for site development.
4. The City may require verification that all liens have been released and payments made
prior to accepting dedication of improvements.
B. Private Improvements. The DRC and/or ADR or their representative shall conduct an “as-
built” inspection to verify compliance and shall sign off on a certificate of occupancy, final plat
or other conclusionary action if all terms and details of the approval are complied with. Except
as provided for in §18.74.060 of this chapter, no final plat approval or occupancy shall be
permitted, or certificate of occupancy issued, unless the terms and details of an approved plat,
Ordinance # 1693: Effective March 24, 2007. page 74-8
266313
site or sketch plan are met. Prior to grant of occupancy, the developer shall certify the
completion of the improvements as required in §18.74.030.A, BMC.
18.74.060 IMPROVEMENTS AGREEMENTS
A. Required When.
1. When occupancy of a development subject to zoning review will commence prior to
completion of all required site improvements, generally excluding sketch plans; or
2. When a subdivision is to be granted final plat approval prior to the completion of all
required improvements, the applicant shall enter into an improvements agreement with
the City.
3. At the discretion of the Planning Director, certain projects receiving a certificate of
appropriateness may be required to enter into an improvements agreement with the City
at the time of final approval of the certificate of appropriateness.
B. If an improvements agreement is used to guarantee the completion of required improvements,
including infrastructure, it may allow for the staged installation of improvements in defined areas
and in accordance with an approved time schedule. At the City’s discretion, the improvements in
a prior increment may be required to be completed or the payment or guarantee of payment for
costs of the improvements incurred in a prior increment must be satisfied before development
of future increments.
1. If an improvements agreement is filed with the final subdivision plat to secure
infrastructure improvements, a separate document shall be filed with the final plat that
clearly states that building permits will not be issued until all water, sewer, storm drainage
infrastructure and streets are installed and accepted. This requirement may be modified
by the City Engineer for streets where dictated by circumstances, and where acceptable
improvement security for the ultimate development of the streets is provided. However,
under no circumstances shall the required gravel courses, curbs or gutters be waived.
This requirement shall generally not be modified for nonresidential developments. No
building permits will be issued for a subdivision within the City until all required
water, sewer, storm drainage and street gravel courses are installed and accepted
unless otherwise provided for in development proposals occurring under the
provisions of Chapter 18.36, BMC, Planned Unit Development (PUD), and
pursuant to the criteria established in §18.74.030.D, BMC.
C. Standards for Improvements Agreements.
1. All Agreements. All improvements agreements shall meet the following standards:
a. The agreement and security shall be satisfactory to the City Attorney as to form
and manner of execution;
b. Detailed cost estimates and construction plans of all required on-site and off-site
improvements shall be made a part of the agreement;
c. Provide for security in the amount equal to 150 percent of the estimated cost of
the improvements to be secured if the agreement is to be activated;
d. The term for the security referenced in section c above shall be not less than the
length of time of the improvements agreement;
d. The agreement shall provide for the City to claim the guarantee by certifying that
the developer is in default of the performance to be secured;
e. Requests for partial release of security shall only be in amounts such that the
security will always equal 150 percent of the value of the remaining uncompleted
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267314
work, and such that not more than 90 percent of the security is released prior to
completion of all improvements. The City may take into account the location
and scope of development phases in evaluating requests to reduce the amount of
a financial guarantee. The City may require verification that all liens have been
released and payments made prior to releasing a portion of the security;
f. Shall provide for the City to require a replacement security in the event the issuer
of the security becomes insolvent, enters receivership, or otherwise gives cause
for the City to lack confidence in the ability of the issuer to honor the security;
g. Shall permit the City in the event of default by the developer to include in the
costs to be recovered from the security those costs resulting from the need to
call in the security, including but not limited to costs for the City Attorney’s time;
and
h. The financial security shall be placed in the keeping of the City Treasurer.
2. Subdivisions. Improvements agreements for subdivisions shall meet the following
standards in addition to those listed in subsection C.1 above:
a. The length of time of the agreement shall not exceed 1 year from the date of
final plat approval. The agreement shall stipulate the time schedule the
subdivider proposes for accomplishing the required improvements;
b. The estimated cost of improvements shall be provided by the subdivider’s
professional engineer. The City Engineer has the discretion to require a second
estimate of the cost of improvements, with the cost of obtaining the second
estimate borne by the subdivider. The agreement shall stipulate which type of
security arrangements will be used;
c. Security for improvements for internal subdivision streets, water, storm drainage
and sewer mains, shall be reduced only upon recommendation of the City
Engineer;
d Security for improvements other than internal subdivision streets, water, storm
drainage and sewer mains, shall be reduced only upon recommendation of the
City Engineer and approval by the City Commission, upon request by the
subdivider;
e. The improvements agreement shall be filed with the final plat; and
f. The security provided shall be a financial security valid for eighteen months.
3. Site Development. Improvements agreements for developments other than subdivisions
shall meet the following standards in addition to those listed in subsection C.1 above:
a. If occupancy of the structure or commencement of the use is to occur prior to
installation of the required improvements, the installation of those improvements
must be secured in conformance with the requirements of this chapter;
b. The length of time of the agreement and method of security shall not be less
than twelve months;
c. All secured improvements must be completed by the developer within nine
months of occupancy or the security shall be forfeited to the City for the
purpose of installing or contracting for the installation of the required
improvements;
d. At the Planning Director’s discretion, a developer may be permitted to extend
the manner of security, in general for a period not to exceed 1 additional year.
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268315
Factors such as, but not limited to, progress of installation achieved to date and
phasing of projects may be considered;
e. The DRC and/or ADR shall determine which, if any, of the required
improvements must be installed prior to occupancy, regardless of the use of a
secured improvements agreement. Such determination shall be based on a
finding that unsafe or hazardous conditions will be created or perpetuated
without the installation of certain improvements or that the property will have an
unacceptable adverse impact on adjoining properties until such improvements
are installed;
(1) Items include but are not limited to walkways and signage necessary for
ADA compliance, parking surfaces adequate to meet the needs of the
uses to be conducted during the term of the improvements agreement, or
matters related to life safety are required to be installed prior to any
occupancy; and
f. When all provisions are met for occupancy of a facility or commencement of a
use prior to the installation of all improvements, and adequate security has been
provided in accordance with the terms of an improvements agreement, the
building official may issue a temporary certificate of occupancy which allows
occupancy of the facility on a temporary basis for a period not to exceed nine
months. When all required improvements are installed in compliance with all
terms and details of the site or sketch plan approval, the temporary occupancy
permit shall be withdrawn and a permanent certificate of occupancy shall be
issued according to the provisions of this chapter.
D. Notwithstanding the provisions of this section, the City may limit the scope, type and number of
improvements eligible for being secured by an improvements agreement and require installation
prior to final plat approval, issuance of building permits, occupancy or other similar actions.
E. The Planning Director shall be responsible to sign improvements agreements on behalf of the
City.
F. When an improvements agreement is used to allow the filing of a final plat prior to the
completion of infrastructure, a notice of improvements agreement shall be recorded along with
the plat which indicates that certain infrastructure work is still not complete and identifying that
work. When the work has been completed and is accepted by the City as complete, the City shall
record a notice of completion stating that the work that was the subject of the improvements
agreement is complete.
18.74.070 PAYMENT FOR EXTENSION OF CAPITAL FACILITIES
The City of Bozeman may require a subdivider or other site developer to pay or guarantee payment for
part or all of the costs of extending capital facilities related to public health and safety, including but not
limited to public roads or streets, sewer mains, water supply mains and stormwater facilities for a
subdivision. The costs must reasonably reflect the expected impacts directly attributable to the
subdivision. The city may not require a subdivider or other site developer to pay or guarantee payment
for part or all of the costs of constructing or extending capital facilities related to education.
18.74.080 TYPES OF ACCEPTABLE SECURITIES
A. Financial Securities. A variety of means of providing for the security of improvements
agreements, ensuring adequate maintenance of required improvements and ensuring compliance
with conditions of approval for various developments may be allowed. One or more of the
following instruments may be used to provide a financial security for improvements to be
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269316
completed. The method, terms and amount of security must be acceptable to the City. Financial
security is the primary method to provide security for installation of physical improvements.
1. Direct payment of cash to the City;
2. Irrevocable letters of credit;
3. Cash escrows held by the City, or held by an approved escrow agent and subject to an
executed escrow agreement; or
4. Performance bonds, in limited circumstances and subject to approval by the City
Attorney.
B. Nonfinancial Securities. In addition to the possible financial securities listed above, the following
nonfinancial securities may be used to ensure compliance with conditions of approval, ensure
maintenance of required improvements and coordinate timing of development. When deemed
appropriate, the City may use nonfinancial security methods in combination with a financial
security method.
1. Granting of final permits;
2. Sequential approval of multi-phased projects, with subsequent phases to not receive
approval until prior approved phases have complied with all requirements;
3. Formation of a special improvement or maintenance district. This method shall not be
considered completed until after all final actions have occurred and the district is in
existence and the bonds sold;
4. Establishment of a property owners association with City enforceable duties to maintain
certain improvements;
5. Irrevocable offer of dedication of improvements to be dedicated to the public after
completion of the project; and
6. Recording of a special restrictive covenant or deed restriction which may only be
released by written agreement of the City.
18.74.090 DEVELOPMENT OR MAINTENANCE OF COMMON AREAS AND
FACILITIES BY DEVELOPER OR PROPERTY OWNERS ASSOCIATION
A. General. For the purposes of this section, “common areas and facilities” include:
1. Public and/or private parkland;
2. Boulevard strips in public rights-of-way along external subdivision streets and adjacent
to parks and/or open space;
3. Common open space;
4. Neighborhood centers (except for neighborhood commercial and civic uses and their
grounds); and
5. Pathways.
B. Development. If common areas or facilities will be developed by the subdivider or by a
property owners association, a development plan shall be submitted with the preliminary plat
application for review and approval. The development plan shall be reviewed and approved by
the City prior to the installation of improvements in common areas or the installation of
common facilities. An approved park master plan would satisfy this requirement.
1. Landscaping. When landscaping will be installed in parkland, boulevard strips or
common open space, the development plan shall be accompanied by a landscaping plan
that was prepared by a qualified landscaping professional. When landscaping in
Ordinance # 1693: Effective March 24, 2007. page 74-12
270317
common areas is installed by the subdivider, the subdivider shall warrant against defects
in these improvements for a period of two years from the date of installation of the
landscaping.
2. Tree Permits. If trees will be planted in dedicated City parkland or boulevard strips, tree
planting permits shall be obtained from the Forestry Department.
C. Maintenance. When common areas or facilities will be maintained by the subdivider or by a
property owners association, a maintenance plan that complies with §18.72.040, BMC shall be
submitted with the preliminary plat application for review and approval. The maintenance plan
shall include a maintenance schedule, and a mechanism to assess and enforce the common
expenses for the common area or facility. The maintenance plan shall be included in the
subdivision covenants. The developer shall provide all necessary maintenance until the
improvements are transferred to the City, a property owners association, or other final
custodian. The provisions of §18.72.040.B, BMC apply to this section.
1. Landscaping Warranty. Any required or proposed landscaping must be maintained in a
healthy, growing condition at all times. Any plant that dies must be replaced with
another living plant that complies with the approved landscape plan.
2. Shade Tree Maintenance. The Forestry Department shall be responsible for the
maintenance of shade trees in all City rights-of-way and on City property, including
parks.
18.74.100 WARRANTY
All publicly dedicated improvements shall be subject to a warranty of duration and scope to meet the
City of Bozeman’s Design Standards and Specifications Manual.
Ordinance # 1693: Effective March 24, 2007. page 74-13
271318
CHAPTER 18.76
NOTICING
18.76.010 PURPOSE
It is the intent of this chapter to provide for adequate notice of governmental actions to those affected
by such actions. Notice is required in order for citizens to participate in decision making which affects
their interests and provides opportunity to receive information pertinent to an application that would
not otherwise be available to the decision maker. In establishing standards for providing such notice, the
need for expeditious processing of applications is also recognized.
18.76.020 CONTENTS OF NOTICE
A. The following elements shall be included in notices issued pursuant to this title:
1. Address of the property, or its location by approximate distances from the nearest major
street intersections, or other description to identify the affected property;
2. Legal description of the property;
3. The name and address of the applicant;
4. The name and address of the owner of record;
5. The number, date, time and place of all relevant scheduled public hearings by the City
Commission, Board of Adjustment, Planning Board or Zoning Commission, meetings of
other review bodies established by this title at which final decisions shall be made, or the
date of any final public comment deadline;
6. A description of how and where additional information regarding the action may be
obtained; and
7. A brief description of the subject of the notice.
B. The following additional elements shall be included in all notices required for site plans, master
site plans, certificates of appropriateness, conditional use permits, planned unit developments,
deviations, variances and subdivisions:
1. A map of the area in question so as to indicate its general location and proximity to
surrounding properties; and
2. A reference to the appeals process for this title for notices regarding projects where the
Board of Adjustment or City Commission will not be making the final decision.
C. The following additional elements shall be included in all notices required for text amendments
to this title:
1. A summary explanation of the intent of the change, with reference to the exact text
being available for public review.
D. The applicant shall provide for the purposes of noticing a list of names and addresses of
property owners within 200 feet of the site, using the most current known property owners of
record as shown in the records of the County Clerk and Recorder’s Office and stamped,
unsealed envelopes (with no return address) addressed with names of above property owners,
and/or labels with the names of the above property owners, as specified on the appropriate
application.
18.76.030 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING
A. The following minimum standards for timing, location of noticing area and type of notice shall
be provided. Noticing provisions are cumulative with the maximum combination of noticing
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requirements being provided. When more than one newspaper notice is required, only one of
the required publication dates must fall within the minimum and maximum days required.
B. If for some reason a required property owner fails to receive mail notification of a scheduled
public hearing, or if one or more of the required posted signs in the area or on the site for which
the public hearing is being held is inadvertently moved through no fault of the City, this in no
way shall invalidate the legal notice requirements of the scheduled public hearing.
C. Notice may also be provided to property owners in any additional area that may be substantially
impacted by the proposed change or use as determined by the Planning Director.
Table 76-1
Application
Minimum
Days12
Maximum
Days12 Distance1 Notice Type
Text Amendment 15 45 NA Newspaper once
ZMA2 15 45 200
Newspaper once, post on-site,
mail 1st class
ZMA2- Resulting from ordinance changes 15 45 None Newspaper once
ZMA2- Annexation w/ initial zoning 15 45 None
Newspaper once, post on-site,
mail 1st class
Variance - floodplain, zoning, and
subdivision 15 45 200
Newspaper once (zoning 2
times), post on-site, mail 1st
class
Public Agency Exemption 15 45 None Newspaper 2 times
Deviation 15 45 200
Newspaper 2 times, post on-
site, mail 1st class
Appeals3 15 45 2003 Newspaper 2 times, post on-
site, mail 1st class
Sketch Plan/Reuse/Change in
Use/Further Development None None None None
Sketch Plan4 15 45 None Post on-site
Informal/Concept Plan None None None None
Preliminary Site Plan or Master Site Plan 15 45 200 Post on-site, mail 1st class
Preliminary PUD5 15 45 200
Newspaper 2 times, post on-
site, mail 1st class
Preliminary CUP6 15 45 200
Newspaper 2 times, post on-
site, mail 1st class
Floodplain Permit 15 45 200 Newspaper, mail 1st class
COA7 None None None None
Final Site Plan None None None None
Final PUD Plan None None None None
Final CUP plan None None None None
Subdivision Exemption None None None None
1st Minor Subdivision without variance-
Preliminary Plat 15 45 200 Mail 1st class
1st Minor Subdivision with variance/2nd
Minor/Major Subdivision - Preliminary
Plat 15 (Planning Board) 45(Commission) 200
Newspaper8, post on-site,
mail 1st class9, certified mail10
Final Plat None None None None
Notice of Violation11 15 45 None
Post on-site, certified mail to
landowner
1The distance from the exterior property boundary of the site to all or part of another parcel of land whose owners must be notified of a governmental
action. This distance includes the width of a right-of-way or other public ownership.
2Zone Map Amendment, Chapter 18.70, BMC.
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3Posting and mailing only applies to appeals taken from actions to approve, approve with conditions or deny a development proposal and not to
appeals of administrative interpretations.
4Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition of contributing structures in the neighborhood
conservation overlay district, or modification of wetlands.
5Planned Unit Development, Chapter 18.36, BMC.
6Conditional Use Permit, Chapter 18.34, BMC.
7Certificate of Appropriateness, Chapters 18.28 and 18.30, BMC.
8When newspaper notice is required the notice shall be published in a newspaper of general circulation.
9Mail by 1st class to all landowners within 200 feet except those subject to certified mail.
10Certified mail must be sent to recorded purchasers under contract for deed in addition to owners of physically contiguous property and the
subdivider.
11 Notices of Violation subject to §18.64.150.E, BMC.
12 Days prior to the close of the public comment period or public hearing unless otherwise specified in this title.
18.76.040 NOTICE OF CITY APPROVAL WITHIN NEIGHBORHOOD
CONSERVATION AND ENTRYWAY OVERLAY DISTRICTS
In order to inform adjacent property owners and residents that an application within an overlay district
has been approved by the City, any site approved for construction or alterations within an overlay
district shall be posted with a notice supplied by the Planning Department. The notice shall be posted in
a conspicuous place on the site before any construction begins and may be removed when the project is
substantially complete. The notice shall specify the name of the owner of record, the address of the
property, a description of the scope of work approved and the date of City approval.
Ordinance # 1693: Effective March 24, 2007. page 76-3
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CHAPTER 18.78
SUBMITTAL MATERIALS AND REQUIREMENTS
18.78.010 GENERAL
All applications and supplemental material, including all copies of plats and site development plans, shall
be bound and folded into complete 8½- by 11-inch or 8½- by 14-inch sets ready for distribution. All
plats shall be on one or more sheets either 18- by 24-inches or 24- by 36-inches in size, and shall be
folded and included in the bound submittal. A digital (PDF) copy of the entire submittal (applications,
supplemental material, plat and plans) shall be provided as required.
18.78.020 STREAMBED, STREAMBANK AND/OR WETLANDS PERMITS
The developer shall provide the Planning Department with a copy of all required streambed, streambank
or wetlands permits, or written notification from the appropriate agency that a permit is not required,
prior to the commencement of any work on the site and/or final plat approval, whichever is sooner.
These permits include, but are not limited to:
A. Montana Stream Protection Act (SPA 124 Permit). Administered by the Habitat Protection
Bureau, Fisheries Division, Montana Fish, Wildlife and Parks
B. Stormwater Discharge General Permit. Administered by the Water Quality Bureau, Montana
Department of Environmental Quality
C. Montana Natural Streambed and Land Preservation Act (310 Permit). Administered by the
Board of Supervisors, Gallatin Conservation District
D. Montana Floodplain and Floodway Management Act (Floodplain Development Permit).
Administered by the City of Bozeman, Engineering Department
E. Federal Clean Water Act (404 Permit). Administered by the U.S. Army Corps of Engineers and
the U.S. Environmental Protection Agency
F. Federal Rivers and Harbors Act (Section 10 Permit). Administered by the U.S. Army Corps of
Engineers
G. Short-term Water Quality Standard for Turbidity (318 Authorization). Administered by Montana
Department of Environmental Quality
H. Montana Land-Use License or Easement on Navigable Waters. Administered by the Montana
Department of Natural Resources and Conservation
I. Montana Water Use Act (Water Right Permit and Change Authorization). Administered by the
Water Rights Bureau, Montana Department of Natural Resources and Conservation
18.78.030 SUBDIVISION PRE-APPLICATION PLAN
The pre-application plan may be a freehand sketch, legibly drawn, showing approximate boundaries,
dimensions, areas and distances. The plan may be drawn directly on a print of a topographic survey
required for the preliminary plat and shall include:
A. Sketch Map. A sketch map showing:
1. The names of adjoining subdivisions and numbers of adjoining certificates of survey,
along with adjacent lot and tract lines.
2. Location, name, width and owner of existing or proposed streets, roads and easements
within the proposed subdivision; existing streets, roads and easements within adjacent
subdivisions and tracts; and the name of street or road that provides access from the
nearest public street or road to the proposed subdivision.
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3. Location of all existing structures, including buildings, railroads, powerlines towers, and
improvements inside and within 100 feet of the proposed subdivision.
4. Zoning classification within the proposed subdivision and adjacent to it. The zoning
proposed for the subdivision, if a change is contemplated.
B. Topographic Features. Topographic features of the proposed subdivision and adjacent
subdivisions and tracts, including:
1. A current U.S. Geological Survey topographic map at the largest scale available with the
subdivision clearly outlined.
2. Embankments, water courses, drainage channels, areas of seasonal water ponding, areas
within the designated floodway, marsh areas, wetlands, rock outcrops, wooded areas,
noxious weeds and areas of active faults. Include copies of any permits listed in
§18.78.020, BMC that have been obtained for the project.
C. Utilities. The existing and proposed utilities located on and adjacent to the proposed
subdivision including:
1. Location, size and depth of sanitary and storm sewers, water mains and gas lines.
2. Location of fire hydrants, electric lines, telephone lines, sewage and water treatment, and
storage facilities.
D. Subdivision Layout. The proposed layout of the subdivision showing the approximate:
1. Subdivision block, tract, and lot boundary lines, with numbers, dimensions, and areas for
each block, tract and lot.
2. Street location, right-of-way width, and name.
3. Easement location, width and purpose.
4. Sites to be dedicated or reserved as park, common open space or other public areas, with
boundaries, dimensions and areas.
5. Sites for commercial centers, churches, schools, industrial areas, condominiums,
manufactured housing community and uses other than single-household residences.
E. Development Plan. An overall development plan indicating future development of the
remainder of the tract, if the tract is to be developed in phases.
F. Name and Location. A title block indicating the proposed name, quarter-section, section,
township, range, principal meridian and county of subdivision.
G. Notations. Scale, north arrow, name and addresses of owners and developers, and date of
preparation.
H. Variances. A list of variance requests which will be submitted with the application for
preliminary plat application.
I. Waivers. List of waivers requested from the requirements of §18.78.060, BMC shall be
submitted with the preapplication. The DRC shall be responsible for granting waivers, and the
Planning Department staff shall notify the developer in writing of any waivers granted from
§18.78.060, BMC after the preapplication meeting or plan review.
J. Parks and Recreation Facilities. The following information shall be provided for all land
proposed to meet parkland dedication requirements:
1. Park concept plan, including:
a. Site plan for the entire property;
b. The zoning and ownership for adjacent properties;
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c. The location of any critical lands (wetlands, riparian areas, streams, etc.);
d. General description of land, including size, terrain, details of location and history,
and proposed activities; and
e. Description of trails or other recreational features proposed to connect the
proposed park area to other park or open space areas.
18.78.040 SUBDIVISION PRELIMINARY PLAT
The preliminary plat shall be legibly drawn at a horizontal scale no smaller than 100 feet to the inch, and
may show approximate boundaries, dimensions, distances and areas, unless specifically noted. The plat
shall be on one or more sheets of 18- by 24-inch or 24- by 36-inch paper. Where accurate information
is required, surveying and engineering data shall be prepared under the supervision of a registered
engineer or registered land surveyor, licensed in the State of Montana, as their respective licensing laws
allow. The plat submittal shall include the following:
A. Pre-application Information. All information required with the pre-application plan, as outlined
in §18.78.030, BMC.
B. Subdivision Information. Name and location of the subdivision, scale, scale bar, north arrow,
date of preparation, lots and blocks (designated by number), the dimensions and area of each lot,
and the use of each lot, if other than for single-household.
C. Streets, Roads and Grades. All streets, roads, alleys, avenues, highways and easements; the width
of the right-of-way, grades and curvature of each; existing and proposed road and street names;
and proposed location of intersections for any subdivision requiring access to arterial or
collector streets.
D. Adjoining Subdivisions. The names of adjoining platted subdivisions and numbers of adjoining
certificates of survey.
E. Adjoining Owners. Names and addresses of record owners of lots and tracts immediately
adjoining the proposed subdivision.
F. Perimeter Survey. An approximate survey of the exterior boundaries of the platted tract with
bearings, distances, and curve data indicated outside of the boundary lines. When the plat is
bounded by an irregular shoreline or a body of water, the bearings and distances of a closing
meander traverse shall be given.
G. Section Corner. The approximate location of all section corners or legal subdivision corners of
sections pertinent to the subdivision boundary.
H. Phased Improvements. If the improvements required are to be completed in phases after the
final plat is filed, the approximate area of each phase shall be shown on the plat.
I. Contours. Ground contours shall be provided for the tract according to the following
requirements:
Table 78-1
Where the average slope is: Contour intervals shall be:
Under 10 percent 2 feet (if all lots are over one acre in size, five feet intervals may be used)
Between 10 and 15 percent 5 feet
Greater than 15 percent 10 feet
J. Waivers. List of waivers granted from the requirements of §18.78.070, BMC during the
preapplication process shall be submitted with the preliminary plat application.
K. Request for Exemption from Department of Environmental Quality Review. If the developer is
proposing to request an exemption from the Department of Environmental Quality for
Ordinance # 1693: Effective March 24, 2007. page 78-3
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infrastructure plan and specification review, the preliminary plat application shall include a
written request from the developer’s professional engineer, licensed in the State of Montana, that
indicates the intent to request the exemption, and details the extent of water, sewer and
stormwater infrastructure that will be completed prior to final plat approval. A detailed
preliminary stormwater drainage plan must also be submitted with the written request
18.78.050 PRELIMINARY PLAT SUPPLEMENTS REQUIRED FOR ALL SUBDIVISIONS
The following supplemental information shall be submitted with the preliminary plat.
A. Area Map. A map showing all adjacent sections of land, subdivision, certificates of survey,
streets and roads.
B. Subdivision Map. Map of entire subdivision on an 8½” x 11", 8½” x 14", or 11" x 17" sheet.
C. Variances. A written statement describing any requested subdivision variance(s) and the facts of
hardship upon which the request is based (refer to Chapter 18.66, BMC).
D. Property Owners. A certified list of adjoining property owners, their mailing addresses and
property description, including property owners across public rights-of-way and/or easements.
The names and addresses shall also be provided on self-adhesive mailing labels, one set of labels
for first minor subdivisions or subdivisions eligible for summary review, and three sets of labels
for all other subdivisions.
E. Documents and Certificates. Draft copy of the following documents, and certificates to be
printed on or to accompany the preliminary plat:
1. Covenants, restrictions and articles of incorporation for the property owners association.
2. Encroachment permits or a letter indicating intention to issue a permit where new
streets, easements, rights-of-way or driveways intersect state, county or city highways,
streets or roads.
3. A letter of approval or preliminary approval from the City of Bozeman where a zoning
change is necessary.
4. A draft of such other appropriate certificates.
5. Provision for maintenance of all streets (including emergency access), parks, and other
required improvements if not dedicated to the public, or if private.
F. Street Profile Sheets. Profile sheets for street grades greater than 5 percent.
G. Application and Fee. Completed preliminary plat application form, with the original signatures
of all owners of record or their authorized representatives, and the required review fee. If an
authorized representative signs on behalf of an owner of record, a copy of the authorization
shall be provided.
H. Noxious Weed Management and Revegetation Plan. Noxious weeds shall be controlled in all
developments as directed by the County Weed Control District (district) in accordance with the
Montana County Noxious Weed Control Act (§7-22-21, MCA). The developer shall have any
noxious weeds identified and their location mapped by a person with experience in weed
management and knowledgeable in weed identification. A noxious weed management and
revegetation plan approved by the district for control of noxious weeds shall be submitted with
the preliminary plat application. This plan shall ensure the control of noxious weeds upon
preliminary plat approval and the revegetation of any land disturbed during the construction of
subdivision improvements.
I. Sanitation Information. When the subdivision does not qualify for the certification established in
§18.06.050, BMC, the subdivider shall provide the information regarding sanitation set forth in
§76-3-622, MCA.
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18.78.060 ADDITIONAL SUBDIVISION PRELIMINARY PLAT SUPPLEMENTS
The following list of preliminary plat application supplements shall also be provided for all subdivisions
unless waived by the Development Review Committee during the pre-application process. The
developer shall include documentation of any waivers granted by the City after the pre-application
meeting or plan review.
Additional relevant and reasonable information may be required to adequately assess whether the
proposed subdivision complies with this title and the Montana Subdivision and Platting Act. The need
for additional information shall be determined during the pre-application process.
A. Surface Water.
1. Mapping. Locate on a plat overlay or sketch map all surface waters and the delineated
floodplain which may affect or be affected by the proposed subdivision including:
a. Natural water systems such as natural streams, creeks, stream/ditches, drainages,
waterways, gullies, ravines or washes in which water flows either continuously or
intermittently and has a definite channel, bed and banks.
b. Artificial water systems such as canals, ditches, ditch/streams, aqueducts,
reservoirs, irrigation or drainage systems.
2. Description. Describe all surface waters which may affect or be affected by the
proposed subdivision including name, approximate size, present use and time of year
when water is present.
a. Describe proximity of proposed construction (such as buildings, sewer systems,
streets) to surface waters.
3. Water Body Alteration. Describe any existing or proposed streambank or shoreline
alterations or any proposed construction or modification of lake beds, watercourses or
irrigation ditches. Provide information on location, extent, type and purpose of
alteration. Provide a revised floodplain analysis report, in compliance with Chapter
18.58, BMC, as appropriate.
4. Wetlands. If the subdivision contains wetlands, as defined in Chapter 18.80 of this title,
then a delineation of the wetland(s) shall be shown on the preliminary and final plats.
5. Permits. Include copies of any permits listed in §18.78.020, BMC that have been
obtained for the project.
B. Floodplains. A floodplain analysis report shall be submitted with the preliminary plat in
compliance with Chapter 18.58 of this title.
C. Groundwater.
1. Depth. Establish the seasonal minimum and maximum depth to the water table, dates
on which these depths were determined, and the location and depth of all known
aquifers which may be affected by the proposed subdivision. The high water table shall
be determined from tests taken during the period of major concern as specified in
writing by the County Environmental Health Department. Specific locations for test
holes may also be determined by the County Environmental Health Department.
2. Steps to Avoid Degradation. Describe any steps necessary to avoid the degradation of
groundwater and groundwater recharge areas.
D. Geology - Soils - Slopes.
1. Geologic Hazards. Identify geologic hazards affecting the proposed subdivision which
could result in property damage or personal injury due to rock falls or slides; landslides,
mud or snow; surface subsidence (i.e., settling or sinking); or seismic activity.
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2. Protective Measures. Explain what measures will be taken to prevent or materially lessen
the danger of future property damage or injury due to any of the hazards referred to
above.
3. Unusual Features. Provide a statement describing any unusual soil, topographic or
geologic conditions on the property which limit the capability for building or excavation
using ordinary and reasonable construction techniques. The statement should address
conditions such as shallow bedrock, high water table, unstable or expansive soil
conditions, and slope. On a map, identify any slopes in excess of 15 percent grade.
4. Soils Map. The subdivision shall be overlaid on the Gallatin County Soil Survey maps
obtained from the Natural Resource and Conservation Service (NRCS). The maps are
1:24,000 in scale. These maps may be copied without permission. However,
enlargement of these maps could cause misunderstanding of the detail of mapping. Soils
were mapped using a minimum delineation of five acres, and these soils reports were
intended to alert developers to possible problems and the need for a more detailed on-
site investigation. The developer shall provide the following soil reports, which can be
obtained from the NRCS:
a. The physical properties and engineering indexes for each soil type;
b. Soil limitations for building and site development, and water features for each
soil type;
c. Hydric soils report for each soil type. If hydric soils are present, the developer
shall provide a wetlands investigation by a certified consultant, using the Federal
Manual for Identifying and Delineating Jurisdictional Wetlands (January, 1987);
and
d. The developer shall provide any special design methods planned to overcome the
above limitations.
5. Cuts and Fills. Describe the location and amount of any cut or fill three or more feet in
depth. These cuts and fills should be indicated on a plat overlay or sketch map. Where
cuts or fills are necessary, describe any plans to prevent erosion and to promote
revegetation such as replacement of topsoil and grading.
E. Vegetation.
1. Vegetation Map. On a plat overlay or sketch map:
a. Indicate the distribution of the major vegetation types such as marsh, grassland,
shrub, coniferous forest, deciduous forest or mixed forest.
b. Identify critical plant communities such as stream bank or shoreline vegetation;
vegetation on steep, unstable slopes; and vegetation on soils highly susceptible to
wind or water erosion.
2. Protective Measures. Describe measures to preserve trees and critical plant communities
(e.g., design and location of streets, lots and open spaces).
F. Wildlife.
1. Species. Describe species of fish and wildlife which use the area affected by the
proposed subdivision.
2. Critical Areas. Identify on a plat overlay or sketch map of the proposed subdivision any
known critical, significant or “key” wildlife areas, such as big game winter range,
waterfowl nesting areas, habitat for rare or endangered species or wetlands.
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3. Pets/Human Activity. Describe the expected effects of pets and human activity on
wildlife.
4. Public Access. Describe the effects on public access to public lands, trails, hunting or
fishing areas.
5. Protective Measures. Describe any proposed measures to protect or enhance wildlife
habitat or to minimize degradation (e.g., keeping building and streets back from
shorelines, setting aside marshland as undeveloped open space).
6. The developer shall discuss the impact of the proposed development on fish and wildlife
with the Montana Department of Fish, Wildlife and Parks (FWP). With the preliminary
plat, the developer shall provide written documentation from FWP that:
a. Verifies that FWP has reviewed the proposed plat;
b. Lists any FWP recommendations; and
c. Outlines any mitigation planned to overcome any adverse impacts.
G. Historical Features.
1. Affected Areas. Describe and locate on a plat overlay or sketch map any known or
possible historic, paleontological, archeological, or cultural sites, structures, or objects
which may be affected by the proposed subdivision.
2. Protective Measures. Describe any plans to protect such sites or properties.
3. Describe procedures to be followed if any historic, paleontological, archeological,
cultural sites, structures or object are found on site during site preparation and
construction.
4. The developer shall discuss the impact of the proposed development on any historic
features, and the need for inventory, study and/or preservation with the State Historic
Preservation Office (SHPO). The developer shall provide written documentation from
SHPO that:
a. Verifies that SHPO has reviewed the proposed plat;
b. Lists any SHPO recommendations;
c. Outlines any plans for inventory, study, and/or preservation; and
d. Describes any mitigation planned to overcome any adverse impacts.
5. Information on historical sites shall be prepared by a qualified professional, including
persons with a professional or educational background in history, architectural history,
archeology, art history, historic preservation, anthropology and cultural resource
management.
H. Agriculture.
1. Number of acres in production and type of production.
2. Agricultural operations in the vicinity, and other uses of land in the general vicinity.
3. The productivity of the land.
4. Whether or not the property is part of a viable farm unit, and whether the property was
under production during the last regular season.
5. What measures will be taken, if any, to control family pets.
6. Fencing of Agricultural Land. Describe any existing fence lines around the subdivision
boundary which protect agricultural lands under an ownership other than of the
developer, and describe any measure which will be taken to ensure that the owners of
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the subdivision will share with the owner of the agricultural lands in the continued
maintenance of the fence.
I. Agricultural Water User Facilities.
1. Type, description, ownership and users of facilities.
2. Written documentation demonstrating active use of facilities. If a facility is not being
actively used, include a written plan for abandonment.
3. Describe any proposed realignment(s). All realignments must comply with all relevant
requirements of state law.
J. Water and Sewer. Provide an engineering design report and/or other documentation
demonstrating that adequate water distribution systems and capacity, and sewage collection and
disposal systems and capacity, exists to serve the proposed subdivision.
K. Stormwater Management. A stormwater management plan shall be submitted with the
preliminary plat. A system shall be designed to remove solids, silt, oils, grease and other
pollutants from the runoff from the private and public streets and all lots, including;
1. The plan shall depict the retention/detention basin locations, and locate and provide
easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. Stormwater receiving channels shall be clearly identified
for all ponds.
2. The plan shall include sufficient site grading and elevation information (particularly for
the basin sites, drainage ways and lot finished grades), typical stormwater
retention/detention basin and discharge structure details, basin sizing calculations, and a
stormwater maintenance plan.
3. Any necessary stormwater easements.
L. Streets, Roads and Alleys.
1. Description. Describe any proposed new public or private streets, roads or alley, or
substantial improvements of existing public or private streets, roads or alleys. The
developer shall demonstrate that the land to be subdivided has access onto a legal street.
2. Access to Arterial. Discuss whether any of the individual lots or tracts have access
directly to arterial streets or roads, and if so, the reason access was not provided by
means of a street within the subdivision and how the access complies with §18.44.090,
BMC
3. Modification of Existing Streets, Roads or Alleys. Explain any proposed closure or
modification of existing streets, roads or alleys.
4. Dust. Describe provisions considered for dust control on alleys.
5. Pollution and Erosion. Explain how street, road and alley maintenance will be provided
to meet the Department of Environmental Quality guidelines for prevention of water
pollution and erosion.
6. Traffic Generation. Discuss how much daily traffic will be generated on existing local
and neighborhood streets, roads and alleys, when the subdivision is fully developed, and
provide the following information.
a. The report format shall be as follows:
(1) Trip generation, using the Institute of Transportation Engineers Trip
Generation Manual;
(2) Trip distribution;
(3) Traffic assignment;
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(4) Capacity analysis;
(5) Evaluation; and
(6) Recommended access plan, including access points, modifications and
any mitigation techniques.
b. The report shall include the following information:
(1) Land use and trip generation in the form of a table of each type of land
use, the number of units or square footage, as appropriate, the trip rates
used (daily and peak) and resulting trip generation.
(2) Traffic graphics, which show:
(a) AM peak hour site traffic;
(b) PM peak hour site traffic;
(c) AM peak hour total traffic;
(d) PM peak hour total traffic;
(e) Total daily traffic (with site generated traffic shown separately).
(3) AM and PM capacity analysis with an AM and PM peak hour capacity
analysis provided for:
(a) All major drive accesses that intersect collector or arterial streets
or roads; and
(b) All arterial-arterial, collector-collector and arterial-collector
intersections within one mile of the site, or as required by the
Director of Public Service during the pre-application review.
7. Capacity. Indicate the levels of service (before and after development) of existing and
proposed streets and roads, including appropriate intersections, to safely handle any
increased traffic. Describe any anticipated increased maintenance that will be necessary
due to increased traffic and who will pay the cost of maintenance.
8. Bicycle and Pedestrian Pathways, Lanes and Routes. Describe bicycle and pedestrian
pathways, lanes or routes to be developed with the development.
9. Traffic Calming. Detailed drawings of any proposed traffic calming installations,
including locations and turning radius templates.
M. Utilities. The developer shall submit a copy of the subdivision plat to all relevant utility
companies. With the preliminary plat, the developer shall provide written documentation of the
following:
1. Affected Utilities. Indicate which affected utilities the subdivision plat has been
submitted to for review, and include a copy of responses.
2. Include a Description of.
a. The method of furnishing electric, natural gas, cable TV, internet or telephone
service, where provided.
b. Estimated timing of each utility installation.
c. The developer shall provide a written statement from the utility companies that
the proposed subdivision can be provided with service.
N. Educational Facilities. With the preliminary plat, provide a written statement from the
administrator of the appropriate school system indicating whether the increased enrollment can
be accommodated by the present personnel and facilities and by the existing school bus system.
O. Land Use.
1. Indicate the proposed use(s) and number of lots or spaces in each:
a. Residential area, single-household;
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b. Residential area, multiple-household. Types of multiple-household structures
and numbers of each (e.g., duplex, four-plex);
c. Planned unit development (number of units);
d. Condominium (number of units);
e. Manufactured housing community (number of units);
f. Recreational vehicle park;
g. Commercial or industrial; and
h. Other (please describe).
P. Parks and Recreation Facilities. The following information shall be provided for all land used to
meet parkland dedication requirements:
1. Park plan, including:
a. Site plan for the entire property; showing developer installed improvements on
the initial park plan and proposed future improvements on the future park plan;
b. Drainage areas;
c. Utilities in and adjacent to the property;
d. The zoning and ownership for adjacent properties;
e. The location of any critical lands (wetlands, riparian areas, streams, etc.) and
location of watercourse setbacks;
f. Park landscaping plan, prepared by a qualified landscape professional in
accordance with §18.78.100, showing the location and specific types and species
of plants, shrubs, trees as well as grass seed mixes;
g. General description of land, including size, terrain, details of location and history,
and proposed activities;
h. Trail design and construction showing compliance with adopted City standards
and trail classifications;
i. The requirement for approval of the final park plan by the City Commission with
a recommendation from the Bozeman Recreation and Parks Advisory Board
prior to any site work;
j. The requirement for a preconstruction meeting prior to any site work;
j. Appropriate sections from the “Design Guidelines for City of Bozeman
Parks”;
k. Cost estimate and installation responsibility for all improvements;
l. If playground equipment will be provided, information including the
manufacturer, installation data and specifications, installer, type of fall zone
surfacing and age group intended for use shall be provided; and
m. Soils information and analysis.
2. Park Maintenance.
a. Maintenance information, including levels of maintenance, a maintenance
schedule, and responsible parties;
b. Weed control plan, including responsible parties; and
c. Plan for garbage collection, snow removal and leaf removal including responsible
parties.
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3. Irrigation Information.
a. An irrigation system map generally showing the locations and types of lines,
including depth, water source, heads, electric valves, quick couplers, drains and
control box; and
b. If a well will be used for irrigation, a certified well log shall be submitted showing
depth of well, gpm, pump type and size, voltage, water rights, etc.
4. Phasing. If improvements will be phased, a phasing plan shall be provided including
proposed financing methods and responsibilities.
Q. Neighborhood Center Plan. A neighborhood center plan shall be prepared and submitted for all
subdivisions containing a neighborhood center.
R. Lighting Plan. The following subdivision lighting information shall be submitted for all new
subdivisions:
1. For subdivision applications where lighting is required or proposed, lighting plans shall
be submitted to the City for review and approval, and shall include:
a. Isofootcandle plots for individual fixture installations, and 10 foot by 10 foot
illuminance-grid plots for multi-fixture installations, which demonstrate
compliance with the intensity and uniformity requirements as set forth in this
ordinance.
c. Description of the proposed equipment, including fixture manufacturer’s
cutsheets, photometrics, glare reduction devices, lamps, on/off control devices,
mounting heights, pole foundation details and mounting methods.
d. The lighting plan shall be prepared, and certified for compliance with the City’s
design requirements and illumination standards, by a qualified lighting
professional. Qualified lighting professionals include electrical engineers,
architects, lighting designers and manufacturers representatives.
e. Lighting calculations shall include only the illuminated areas; areas occupied by
buildings or other non-lighted areas shall be excluded from calculations.
2. When requested by the City of Bozeman, the applicant shall also submit a visual-impact
plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site
glare and to retain the City’s character.
3. Post-approval alterations to lighting plans or intended substitutions for approved lighting
shall only be made after City of Bozeman review and approval.
S. Miscellaneous.
1. Public Lands. Describe how the subdivision will affect access to any public lands.
Where public lands are adjacent to or within 200 feet of the proposed development,
describe present and anticipated uses for those lands (e.g., open space, recreation, etc.),
and how public access will be preserved/enhanced.
2. Hazards. Describe any health or safety hazards on or near the subdivision, such as
mining activity or potential subsidence, high pressure gas lines, dilapidated structures or
high voltage power lines. Any such conditions should be accurately described and their
origin and location identified. List any provisions that will be made to mitigate these
hazards. Also describe any on-site or off-site land uses creating a nuisance.
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18.78.070 FINAL PLAT
A final subdivision plat may not be approved by the City Commission unless all certificates, with the
exception of the Director of Public Service and the County Clerk and Recorder, have been complied
with, signed and notarized and all subdivision regulations and conditions of preliminary plat approval
have been met. A final subdivision plat may not be filed with the County Clerk and Recorder unless all
certificates, with the exception of the County Clerk and Recorder, have been complied with, signed and
notarized. This shall include the Certification by the County Treasurer that no real property taxes and
special assessments assessed and levied on the land to be subdivided are delinquent.
A. A final subdivision plat may not be approved by the City Commission or filed by the County
Clerk and Recorder unless it complies with the uniform standards for final subdivision plats
(§8.94.3003, ARM).
B. A letter from the City Engineer shall be submitted to the Planning Department with the final
plat application, where applicable, certifying that the following documents have been received:
1. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public
improvements, including a complete grading and drainage plan.
2. Copy of the state highway access or encroachment permit where a street created by the
plat will intersect with a state highway.
C. Noxious Weed MOU. Prior to final plat approval, a memorandum of understanding shall be
entered into by the Weed Control District and the developer. The memorandum of
understanding shall be signed by the district and the developer prior to final plat approval, and a
copy of the signed document shall be submitted to the Planning Department with the
application for final plat approval.
D. Final Park Plan. For all land used to meet parkland dedication requirements, a final park plan
shall be submitted to the City of Bozeman for review and approval prior to final plat. The
installation of any park improvements to meet minimum development standards or conditions
of approval shall comply with Chapter 18.74, BMC. The final park plan shall be reviewed and
approved by the City Commission, with a recommendation from the Bozeman Recreation and
Parks Advisory Board. The final park plan shall include all of the information listed in
§18.78.060.P of this chapter.
E. Irrigation System As-Builts. The developer shall provided irrigation system as-builts, for all
irrigation installed in public rights-of-way and/or land used to meet parkland dedication
requirements, once the irrigation system is installed. The as-builts shall include the exact
locations and type of lines, including accurate depth, water source, heads, electric valves, quick
couplers, drains and control box.
18.78.080 SITE PLAN SUBMITTAL REQUIREMENTS
Applications for all site plan approvals shall be submitted to the Planning Department on forms
provided by the Planning Director. The site plan application shall be accompanied by the appropriate
fee and development plans showing sufficient information for the approval authority to determine
whether the proposed development will meet the development requirements of the City.
A. General Information.
1. Complete, signed application including the following:
a. Name of project/development;
b. Location of project/development by street address and legal description;
c. Name and mailing address of developer and owner;
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d. Name and mailing address of engineer/architect, landscape architect and/or
planner;
e. Listing of specific land uses being proposed; and
f. A statement signed by the owner of the proposed development of their intent to
comply with the requirements of the Bozeman Municipal Code and any
conditions considered necessary by the approval body;
2. Location map, including area within one-half mile of the site;
3. List of names and addresses of property owners according to Chapter 18.76, BMC;
4. For all developments, excluding sketch and reuse/further development, a construction
route map shall be provided showing how materials and heavy equipment will travel to
and from the site. The route shall avoid, where possible, local or minor collector streets
or streets where construction traffic would disrupt neighborhood residential character or
pose a threat to public health and safety.
B. Site Plan Information. The following information is required whenever the requested
information pertains to zoning or other regulatory requirements of this title, existing conditions
on-site or conditions on-site which would result from the proposed development:
1. Boundary line of property with dimensions;
2. Date of plan preparation and changes;
3. North point indicator;
4. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet;
5. Parcel(s) and site coverage information:
a. Parcel size(s) in gross acres and square feet;
b. Estimated total floor area and estimated ratio of floor area to lot size (floor area
ratio, FAR), with a breakdown by land use; and
c. Location, percentage of parcel(s) and total site, and square footage for the
following:
(1) Existing and proposed buildings and structures;
(2) Driveway and parking;
(3) Open space and/or landscaped area, recreational use areas, public and
semipublic land, parks, school sites, etc.; and
(4) Public street right-of-way;
6. Total number, type and density per type of dwelling units, and total net and gross
residential density and density per residential parcel;
7. Location, identification and dimension of the following existing and proposed data, on-
site and to a distance of 100 feet (200 feet for PUDs) outside site plan boundary,
exclusive of public rights-of-way, unless otherwise stated:
a. Topographic contours at a minimum interval of 2 feet, or as determined by the
Planning Director;
b. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites
adjacent to major arterial streets where the distances shall be 200 feet;
c. On-site streets and rights-of-way;
d. Ingress and egress points;
e. Traffic flow on-site;
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f. Traffic flow off-site;
g. Utilities and utility rights-of-way or easements:
(1) Electric;
(2) Natural gas;
(3) Telephone, cable TV, and similar utilities;
(4) Water; and
(5) Sewer (sanitary, treated effluent and storm);
h. Surface water, including:
(1) Holding ponds, streams and irrigation ditches;
(2) Watercourses, water bodies and wetlands;
(3) Floodplains as designated on the Federal Insurance Rate Map or that may
otherwise be identified as lying within a 100-year floodplain through
additional floodplain delineation, engineering analysis, topographic
survey or other objective and factual basis; and
(4) A floodplain analysis report in compliance with Chapter 18.58 of this title
if not previously provided with subdivision review;
i. Grading and drainage plan, including provisions for on-site retention/detention
and water quality improvement facilities as required by the Engineering
Department, or in compliance with any adopted storm drainage ordinance or
best management practices manual adopted by the City;
(1) All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways,
reservoirs, etc. which may be incorporated into the storm drainage
system for the property shall be designated:
(a) The name of the drainageway (where appropriate);
(b) The downstream conditions (developed, available drainageways,
etc.); and
(c) Any downstream restrictions;
j. Significant rock outcroppings, slopes of greater than 15 percent or other
significant topographic features;
k. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including
typical details and interrelationships with vehicular circulation system, indicating
proposed treatment of points of conflict, a statement requiring lot accesses to be
built to the standard contained in this section, the City of Bozeman Design
Standards and Specifications Policy, and the City of Bozeman Modifications to
Montana Public Works Standard Specifications;
l. Provision for handicapped accessibility, including but not limited to, wheelchair
ramps, parking spaces, handrails and curb cuts, including construction details and
the applicant’s certification of ADA compliance;
m. Fences and walls, including typical details;
n. Exterior signs;
o. Exterior refuse collection areas, including typical details;
p. A site plan, complete with all structures, parking spaces, building entrances,
traffic areas (both vehicular and pedestrian), vegetation that might interfere with
lighting, and adjacent uses, containing a layout of all proposed fixtures by
location and type. The materials required in §18.78.060.R, BMC, if not
previously provided;
q. Curb, asphalt section and drive approach construction details;
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r. Landscaping (detailed plan showing plantings, equipment, and other appropriate
information as required in §18.78.100, BMC);
s. Unique natural features, significant wildlife areas and vegetative cover, including
existing trees and shrubs having a diameter greater than 2.5 inches, by species;
t. Snow storage areas;
u. Location of City limit boundaries, and boundaries of Gallatin County’s Bozeman
Area Zoning Jurisdiction, within or near the development;
v. Existing zoning within 200 feet of the site;
w. Historic, cultural and archeological resources, describe and map any designated
historic structures or districts, and archeological or cultural sites; and
x. Major public facilities, including schools, parks, trails, etc.;
8. Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle
racks, compact spaces, handicapped spaces and motorcycle parking, on-street parking,
number of employee and non-employee parking spaces, existing and proposed, and total
square footage of each;
9. The information required by §18.78.060.L, BMC, unless such information was previously
provided through a subdivision review process, or the provision of such information was
waived in writing by the City during subdivision review of the land to be developed, or
the provision of such information is waived in writing by the City prior to submittal of a
preliminary site plan application;
10. Building design information (on-site):
a. Building heights and elevations of all exterior walls of the building(s) or
structure(s);
b. Height above mean sea level of the elevation of the lowest floor and location of
lot outfall when the structure is proposed to be located in a floodway or
floodplain area;
c. Floor plans depicting location and dimensions of all proposed uses and activities;
and
d. All onsite utilities and mechanical equipment;
11. Description and mapping of soils existing on the site, accompanied by analysis as to the
suitability of such soils for the intended construction and proposed landscaping;
12. Temporary facilities plan showing the location of all temporary model homes, sales
offices and/or construction facilities, including temporary signs and parking facilities;
13. Unless already provided through a previous subdivision review, a noxious weed control
plan complying with §18.78.050, BMC; and
14. Drafts of applicable supplementary documents as set forth in Chapter 18.72 of this title.
15. The information necessary to complete the determination of density change and
parkland provision required by §18.50.020.B, BMC, unless such information was
previously determined by the City to be inapplicable and written confirmation is
provided to the applicant prior to submittal of a preliminary site plan application. If a
new park will be created by the development the park plan materials of §18.78.060.P,
BMC shall be provided.
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18.78.090 CERTIFICATES OF APPROPRIATENESS - ADDITIONAL APPLICATION
REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA
A. Submittal Requirements for Certificates of Appropriateness. All development proposals
requiring certificates of appropriateness (i.e. located in a neighborhood conservation or entryway
corridor overlay districts) shall submit the following information in addition to any sketch plan,
site plan or special development submittal requirements for the proposal:
1. Neighborhood Conservation Overlay District. Certain information shall be provided to
the appropriate review authority to review prior to granting or denying a certificate of
appropriateness. The extent of documentation to be submitted on any project shall be
dictated by the scope of the planned alteration and the information reasonably necessary
for the appropriate review authority to make its determination. At a minimum, the
following items shall be included in the submission:
a. Completed application on form provided by the Planning Department;
b. One current picture of each elevation of each structure planned to be altered and
such additional pictures of the specific elements of the structure or property to
be altered that will clearly express the nature and extent of change planned.
Except when otherwise recommended, no more than eight pictures should be
submitted and all pictures shall be mounted on letter-size sheets and clearly
annotated with the property address, elevation direction (N, S, E, W) and
relevant information;
c. Sketch plan or site plan information, as per §18.34.050 or §18.34.060, BMC;
d. Historical information, including available data such as pictures, plans,
authenticated verbal records and similar research documentation that may be
relevant to the planned alteration;
e. Materials and color schemes to be used;
f. Plans, sketches, pictures, specifications and other data that will clearly express the
applicant’s proposed alterations;
g. A schedule of planned actions that will lead to the completed alterations;
h. Such other information as may be suggested by the Planning Department;
i. It is further suggested that the applicant seek comments from the neighborhood
or area; and
j. Description of any applicant-requested deviation(s) and a narrative explanation
as to how the requested deviation(s) will encourage restoration and rehabilitation
activity that will contribute to the overall historic character of the community.
2. Entryway Overlay District.
a. Depending on the complexity of development, either sketch plans or site plans
will be required as specified in this chapter.
b. If the proposal includes an application for a deviation as outlined in §18.66.050,
BMC, the application for deviation shall be accompanied by written and graphic
material sufficient to illustrate the conditions that the modified standards will
produce, so as to enable the City Commission to make the determination that the
deviation will produce an environment, landscape quality and character superior
to that produced by the existing standards, and will be consistent with the intent
and purpose of Chapter 18.30, BMC.
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18.78.100 SUBMITTAL REQUIREMENTS FOR LANDSCAPE PLANS
A These landscape regulations apply to a lot or site subject to plan review and approval outlined in
Chapter 18.34, BMC, a separate landscape plan shall be submitted as part of the site plan
application unless the required landscape information can be included in a clear and uncluttered
manner on a site plan with a scale where 1 inch equals 20 feet.
B. Landscape Plan Format. The landscape plan submittal shall include:
1. Suggested scale of 1 inch equals 20 feet but not less than 1 inch equals 100 feet; and
2. Standard drawing sheet of a size not to exceed 24- by 36-inches. A plan which cannot
be drawn entirely on a 24- by 36-inch sheet must be drawn on two or more sheets, with
match lines.
C. Preparation of Landscape Plan. Landscape plans shall be prepared and certified by:
1. A registered Montana landscape architect;
2. An individual with a degree in landscape design and two years of professional design
experience in Montana; or
3. An individual with a degree in a related field (such as horticulture, botany, plant science,
etc.) and at least five years of professional landscape design experience, of which two
years have been in Montana.
D. Contents of Landscape Plan. A landscape plan required pursuant to this title shall contain the
following information:
1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the
property owner and the person preparing the plan;
2. Location of existing boundary lines and dimensions of the lot;
3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the
location of any 100-year floodplain; the approximate location of significant drainage
features; and the location and size of existing and proposed streets and alleys, utility
easements, utility lines, driveways and sidewalks on the lot and/or adjacent to the lot.
4. Project name, street address, and lot and block description;
5. Location, height and material of proposed screening and fencing (with berms to be
delineated by one foot contours);
6. Locations and dimensions of proposed landscape buffer strips, including watercourse
buffer strips;
7. Complete landscape legend providing a description of plant materials shown on the plan,
including typical symbols, names (common and botanical name), locations, quantities,
container or caliper sizes at installation, heights, spread and spacing. The location and
type of all existing trees on the lot over 6 inches in caliper must be specifically indicated;
8. Complete illustration of landscaping and screening to be provided in or near off-street
parking and loading areas, including information as to the amount (in square feet) of
landscape area to be provided internal to parking areas and the number and location of
required off-street parking and loading spaces;
9. An indication of how existing healthy trees (if any) are to be retained and protected from
damage during construction;
10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and
water features;
11. A description of proposed watering methods;
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12. Location of street vision triangles on the lot (if applicable);
13. Tabulation of “points” earned by the plan (see §18.48.060 of this title);
14. Designated snow removal storage areas;
15. Location of pavement, curbs, sidewalks and gutters;
16. Show location of existing and/or proposed drainage facilities which are to be used for
drainage control;
17. Existing and proposed grade;
18. Size of plantings at the time of installation and at maturity;
19. Areas to be irrigated;
20. Planting plan for watercourse buffers, per §18.42.100, BMC, if not previously provided
through subdivision review; and
21. Front and side elevations of buildings, fences and walls with height dimensions if not
otherwise provided by the application. Show open stairways and other projections from
exterior building walls.
18.78.110 SKETCH PLAN SUBMITTAL REQUIREMENTS
A sketch plan shall be drawn to scale and in sufficient detail to demonstrate compliance with the
requirements of this title. Sketch plans shall be oriented with north at the top of the page and shall also
show site boundaries, street and alley frontages with names, and location of all structures with distances
to the nearest foot between buildings and from buildings to property lines.
18.78.120 PLANNED UNIT DEVELOPMENT SUBMITTAL REQUIREMENTS
The following material shall be submitted for review with each planned unit development.
A. Submittal Requirements for Pre-applications. The following information and data shall be
submitted for pre-application review. The number of copies required shall be determined by the
Planning Department:
1. Data regarding site conditions, land characteristics, available community facilities and
utilities and other related general information about adjacent land uses and the uses of
land within one-half mile of the subject parcel of land;
2. Conceptual (sketch) drawing showing the proposed location of the uses of land, major
streets and other significant features on the site and within one-half mile of the site; and
3. A computation table showing the site’s proposed land use allocations by location and as
a percent of total site area.
B. Submittal Requirements for Preliminary Plans. The following information and data shall be
submitted for preliminary plan review. The number of copies required shall be determined by
the Planning Department:
1. Document Requirements. The following information shall be presented in an 8½- by 11-
inch vertically bound document. The document shall be bound so that it will open and
lie flat for reviewing and organized in the following order:
a. Application forms;
b. A list of names of all general and limited partners and/or officers and directors
of the corporation involved as either applicants or owners of the planned unit
development;
c. A statement of planning objectives, including:
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(1) Statement of applicable City land use policies and objectives achieved by
the proposed plan and how it furthers the implementation of the
Bozeman growth policy;
(2) Statement of:
(a) Proposed ownership of open space areas; and
(b) Applicant’s intentions with regard to future ownership of all or
portions of the planned unit development;
(3) Estimate of number of employees for business, commercial and
industrial uses;
(4) Description of rationale behind the assumptions and choices made by the
applicant;
(5) Where deviations from the requirements of this title are proposed, the
applicant shall submit evidence of successful completion of the
applicable community design objectives and criteria of §18.36.090, BMC.
The applicant shall submit written explanation for each of the applicable
objectives or criteria as to how the plan does or does not address the
objective or criterion. The Planning Director may require, or the
applicant may choose to submit, evidence that is beyond what is required
in that section. Any element of the proposal that varies from the criterion
shall be described;
(6) Detailed description of how conflicts between land uses of different
character are being avoided or mitigated; and
(7) Statement of design methods to reduce energy consumption, (e.g.,
home/business utilities, transportation fuel, waste recycling);
d. A development schedule indicating the approximate date when construction of
the planned unit development, or stages of the same, can be expected to begin
and be completed, including the proposed phasing of construction of public
improvements and recreational and common space areas;
e. One reduced version of all preliminary plan and supplemental plan maps and
graphic illustrations at 8½- by 11-inches or 11- by 17-inches size.
2. Site Plan Requirements. A site plan of the proposed development drawn at a scale of not
less than 1 inch equals 100 feet, composed of one or more sheets with an outer
dimension of 24- by 36-inches, showing the information required for site plans in
§18.78.080, BMC plus the following additional information:
a. Notations of proposed ownership, public or private, should be included where
appropriate;
b. The proposed treatment of the perimeter of the planned unit development,
including materials and techniques used, such as screening, fences, walls and
other landscaping; and
c. Attorney’s or owner’s certification of ownership.
3. Supplemental Plan Requirements.
a. Viewsheds.
(1) Looking onto and across the site from areas around the site, describe and
map the views and vistas from adjacent properties that may be blocked
or impaired by development of the site;
(2) Describe and map areas of high visibility on the site as seen from
adjacent off-site locations;
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b. Street Cross Sections if Different From City Standards. Street cross-section
schematics shall be submitted for each general category of street, including:
(1) The proposed width;
(2) Treatment of curbs and gutters, or other storm water control system if
other than curb and gutter is proposed;
(3) Sidewalk systems; and
(4) Bikeway systems, where alternatives to the design criteria and standards
of the City are proposed;
c. Physiographic data, including the following:
(1) A description of the hydrologic conditions of the site with analysis of
water table fluctuation and a statement of site suitability for intended
construction and proposed landscaping. The description of the
hydrologic conditions shall include depth to groundwater measurements
taken May 15th through September 15th;
(a) An alternative to the actual measurement of water table depth
may be offered provided that such alternative includes a detailed
soil profile, including a detailed description of the soil which
follows The National Cooperative Soil Survey Field Book for
describing soils and which provides good and sufficient evidence
to establish the presence and depth of a seasonal water table, a
land form position or location, or other physiographic data
which are sufficient to establish the minimum depth to
groundwater. Some soils are not easily profiled to establish an
off-season high water table, such as those underlain by sand or
gravel, those high in organic matter and those with a high lime
content. Physical monitoring of these types of soils may be
necessary;
(3) Locate and identify the ownership of existing wells or well sites within
400 feet of the site;
d. Preliminary Subdivision Plat. If the project involves or requires platting, a
preliminary subdivision plat, subject to the requirements of this title relative to
subdivisions, shall be submitted;
e. Traffic Impact Analysis. Not withstanding the waiver provisions of
§18.78.080.B.9, BMC, at the discretion of the City Engineer, a traffic impact
analysis shall be prepared based upon the proposed development. The analysis
shall include provisions of the approved development guidelines, and shall
address impacts upon surrounding land uses. The Director of Public Service may
require the traffic impact analysis to include the information in §18.78.050.L,
BMC. If a traffic impact analysis has been submitted as part of a concurrent
subdivision review, that analysis shall meet this requirement;
f. Additional Studies and Plans. If the development’s compliance with the
community design objectives and criteria is under question, the City Commission
may require additional impact studies or other plans as deemed necessary for
providing thorough consideration of the proposed planned unit development;
g. A proposed draft of a legal instrument containing the creation of a property
owner’s association sufficient to meet the requirements of §18.72.020, BMC shall
be submitted with the preliminary plan application.
C. Submittal Requirements for Final Plans.
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1. A completed and signed application form;
2. A list of names of all general and limited partners and/or officers and directors of the
corporation involved as either applicants or owners of the planned unit development;
3. Site Plan Submittal Requirements.
a. A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same
scale as the approved preliminary plan. If a different scale is requested or
required, a copy of the approved preliminary plan shall be submitted that has
been enlarged or reduced to equal the scale of the final plan. However, only the
scales permitted for the preliminary plans shall be permitted for final plans.
b. The final plan site plan shall show the following information:
(1) Land use data (same information as required on the preliminary site
plan);
(2) Lot lines, easements, public rights-of-way as per subdivision plat;
(3) Attorney’s or owner’s certification of ownership;
(4) Planning Director certification of approval of the site plan and its
conformance with the preliminary plan; and
(5) Owner’s certification of acceptance of conditions and restrictions as set
forth on the site plan;
4. Supplemental Plans.
a. Final Landscape Plan. A final landscape plan consistent with the conditions and
restrictions of the approved preliminary plan shall be submitted. It shall also be
consistent with the Chapter 18.48, BMC, except that any stated conditions and
restrictions of the preliminary plan approval shall supersede the provisions of
Chapter 18.48, BMC;
b. Final Subdivision Plat. An official final subdivision plat of the site must
accompany the final planned unit development plan when applicable. City
approval of the final subdivision plat shall be required before issuance of
building permits;
c. Final Utility Plans. Prior to submission of the final plan to the DRC and ADR
staff, engineering plans and specifications for sewer, water, street improvements
and other public improvements, and an executed improvements agreement in
proper form providing for the installation of such improvements, must be
submitted to and approved by the City; and
d. Open Space Maintenance Plan. A plan for the maintenance of open space,
meeting the requirements of §18.72.040, BMC, shall be submitted with an
application for final plan approval. Open space shown on the approved final
plan shall not be used for the construction of any structures not shown on the
final plan.
18.78.130 SUBMITTAL MATERIALS FOR REGULATED ACTIVITIES IN WETLANDS
The following information shall be submitted for all regulated activities proposed for regulated wetland
areas:
A. A description of the proposed activity;
B. A description of why avoidance and less damaging alternatives have been rejected, if applicable;
C. A site plan which shows the delineated wetland boundary, the property boundary, all existing
and proposed structures and roads, watercourses and drainageways on the property;
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D. The exact locations and specifications for all proposed regulated activities, and the direct and
indirect impact of such activities;
E. The source, type and method of transport and disposal of any fill material to be used, and
certification that the placement of fill material will not violate any applicable state or federal
statutes and regulations;
F. The names and addresses of all property owners within 200 feet of the subject property. The
names and addresses shall also be provided on self-adhesive mailing labels;
G. Copies of any Section 404 wetland permits already obtained for the site; and
H. A completed wetland review application supplement.
18.78.140 SUBMITTAL MATERIALS FOR APPEALS OF ADMINISTRATIVE PROJECT
DECISIONS
All appeals of Administrative Project Decisions shall include:
A. Name and address of the appellant;
B. The legal description and street address of the property involved in the appeal;
C. A description of the project that is the subject of the appeal;
D. Evidence that the appellant is an aggrieved person as defined in Chapter 18.80, BMC;
E. List of names and addresses of property owners within 150 feet of the site, using the last
declared county real estate tax records;
F. Stamped, unsealed envelopes addressed with names of above property owners;
G. Required appeal filing fee; and
H. The specific grounds and allegations for the appeal, and evidence necessary to support and
justify a decision other than as determined by the Planning Director.
18.78.150 ADMINISTRATIVE INTERPRETATION APPEALS
All appeals of administrative interpretations shall include:
A. Name and address of the applicant;
B. The legal description and street address of the property, if any, involved in the appeal;
C. A description of the property, if any, that is the subject of the interpretation appeal including:
1. A site plan drawn to scale showing the property dimensions, grading, landscaping and
location of utilities, as applicable;
2. Location of all existing and proposed buildings; and
3. Drive accesses, driveways, access roads, parking spaces, off-street loading areas and
sidewalks as applicable;
D. The names and addresses of the owners of the property and any other persons having a legal
interest therein;
E. List of names and addresses of property owners within 150 feet of the site, using the last
declared county real estate tax records;
F. Stamped, unsealed envelopes addressed with names of the above property owners;
G. Required filing fee; and
H. Evidence to prove that the decision or action of the official for which an appeal is made was
incorrect or in violation of the terms of this title.
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18.78.160 SUBMITTAL MATERIALS FOR VARIANCES
An application for a variance shall be accompanied by a development plan showing such information as
the Planning Director may reasonably require for purposes of this title. The plans shall contain sufficient
information for the Commission to make a proper decision on the matter. The request shall state the
exceptional physical conditions and the peculiar and practical difficulties claimed as a basis for a
variance. In all cases, the application shall include, and shall not be deemed filed until, all of the
following is submitted:
A. Name and address of the applicant;
B. The legal description of the property involved in the request for variance, including the street
address, if any, of the property;
C. The names and addresses of the owners of the property and any other persons having a legal
interest therein;
D. List of names and addresses of property owners within 150 hundred feet of the site, using the
last declared county real estate tax records;
E. Stamped, unsealed envelopes addressed with names of above property owners;
F. A site plan drawn to scale showing the property dimensions, grading, landscaping and location
of utilities, as applicable;
G. Location of all existing and proposed buildings;
H. Drive accesses, driveways, access roads, parking spaces, off-street loading areas and sidewalks as
applicable;
I. A clear description of the variance requested and the reasons for the request;
J. Justification, in writing of subsections 1, 2, 3 and, when applicable, 4 of §18.66.060.C, BMC;
K. Evidence satisfactory to the City Commission of the ability and intention of the applicant to
proceed with actual construction work in accordance with said plans within six months after
issuance of permit; and
L. Required filing fee.
18.78.170 SUBMITTAL MATERIALS FOR TELECOMMUNICATIONS
The following information shall be submitted for review of wireless facilities as applicable. Failure to
provide required materials will result in a determination that the application is incomplete and the
application will not be processed.
A. Submittal Materials.
Table 78-2
Telecommunication Submittal Materials Micro-
scale
Small-
scale
Large-
scale
1. A detailed written description of how the applicant has complied with, or will comply
with, the applicable standards of this title, especially those of this chapter; X X X
2. An accurate photo simulation of the site with the proposed facility in place. The
simulation shall be to scale, and depict all planned and expected antennae, including
collocation of other carriers, on the facility. Landscaping which is not existing or proposed
on the accompanying site plan shall not be included in the simulation unless it exists on
adjoining properties;
X X X
3. A statement of whether the proposed facility is exempt or non-exempt from
environmental review under the Rules of the FCC;
a. If the facility is claimed to be exempt, a detailed and specific citation to the Rules of the
FCC indicating the section which details the relevant exemption provisions shall be
included. If the facility is not exempt from environmental review, a copy of the
environmental review shall be provided with the application, and the approval from the
X X X
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FCC for the site shall be provided to the City of Bozeman prior to the final site plan
approval;
AND
b. If the facility is claimed to be exempt from environmental review, a statement shall be
provided, under oath and notarized, that the proposed or existing facility does or will
comply with FCC radio frequency emission guidelines for both general population/
uncontrolled exposures and occupational/controlled exposures as defined in the FCC rules.
The provision of false information shall result in the immediate revocation of permits or
approvals granted upon the basis of the false information and the cessation of operation of
the offending facilities;
4. When the applicant is a wireless service provider, proof that the applicant is licensed by
the FCC to provide the wireless communication services that the proposed facility is
designed to support, or that licensing by the FCC is not required;
X X X
5. A report providing a description of the large scale wireless facility with technical reasons
and justification for its design and placement; X
6. A description of the maximum capacity of the large scale wireless facility as proposed and
how the facility can be retrofitted or modified to accommodate changing user needs; X
7. Documentation establishing the structural integrity for the large scale wireless facility's
proposed use including documented loading calculations for wind, snow and seismic forces
under circumstances of maximum capacity loading prepared by a professional structural
engineer licensed to practice in the State of Montana. Loading criteria shall be those set
forth in the edition of the International Building Code most recently adopted by the City;
and
X
8. A statement of how the collocation requirements of Section 18.54.040.B, BMC, shall be
met. X
B. In addition to the materials required above, for all large scale wireless facilities 50 feet or greater
in height, the applicant shall submit:
1. Propagation studies for the users of the proposed facility, including existing service
coverage maps and whether the placement of the new site will require relocations of
existing facilities, or a description of how and why the proposed site and facility size is
required to provide service that is otherwise unavailable or substantially inadequate or is
required for the introduction of a new service;
2. A statement of intent of how co-location on the facility will be addressed;
3. A statement of willingness to allow co-location at reasonable and customary rates by all
technically feasible providers up to the structural capacity of the tower;
4. An inventory of all surrounding buildings or other structures greater than 50 feet in
height within a radius of one mile of the proposed location with a listing of height and
suitability for hosting the proposed users of the large scale wireless facility;
5. An applicant shall demonstrate in writing that there are no available openings on existing
facilities which are feasible and that a new structure is necessary. Such demonstration
shall address the criteria in §18.54.040.B, BMC;
6. A detailed explanation of how the large scale wireless facility will be maintained and how
the maintenance and operations of the large scale wireless facility will be transferred to a
third party should the applicant no longer retain ownership. Unless otherwise approved
by the City, the responsibility of maintenance and operations shall transfer to the owner
of the underlying property;
7. An explanation of how the applicant will provide a financial security for the removal of
the large scale wireless facility in the event that it no longer serves telecommunications
carriers. The financial guarantee shall be 150 percent of the estimated cost of facility
removal and must be acceptable to the City; and
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8. A large scale wireless facility may be reviewed as a multiple phase project and be
constructed over time as provided for in §18.54.040.B, BMC. An applicant intending to
construct a new large scale wireless facility shall provide letters of intent adequate to
meet the requirements for leases set forth in §18.54.040.B, BMC.
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CHAPTER 18.80
DEFINITIONS
18.80.010 DEFINITION OF TERMS AND INTERPRETATION OF LANGUAGE
A. All words in this title shall be first defined as provided in this chapter and, if not defined herein,
shall be defined as in the latest edition of ‘The Illustrated Book of Development Definitions’ by
Harvey S. Moskowitz and Carl G. Lindbloom, and if not defined in ‘The Illustrated Book of
Development Definitions’, shall have their customary dictionary definitions.
B. Words used in the present tense include the future tense; words used in the singular include the
plural, and words used in the plural include the singular; the word “shall” is always mandatory,
the word “person” includes a firm, association, organization, partnership, trust, corporation or
company, as well as an individual; the word “lot” includes the words “plot” or “parcel”; the
word “building” includes the word “structure”; the words “used” or “occupied,” as applied to
any land or building, shall be construed to include the word “intended, arranged, or designed to
be used or occupied”; the words “map” or “zoning map” mean the zoning map(s) of the City
that delineate the area to be governed by these regulations.
C. For the purposes of this title certain words and terms used herein are defined as follows:
18.80.020 ACCESS OR ACCESS WAY
The place, means or way by which pedestrians and vehicles shall have adequate and usable ingress and
egress to property or use as required by this title.
18.80.030 ACCESSORY BUILDING OR USE
A subordinate building, or portion of the principal building, located on the same lot as the principal
building, or a subordinate use of land, either of which is customarily incidental to the principal building
or to the principal use of land. Where part of an accessory building is connected to part of the principal
building by a common wall, such accessory building shall be counted as part of the principal building.
Individual public utility installations above ground are considered accessory buildings.
18.80.040 ADMINISTRATIVE DESIGN REVIEW (ADR) STAFF
Certain members of the planning staff charged with the design review, as defined in this chapter, of
certain plans and proposals as specified in this title. The organization, composition and procedures of
the administrative design review staff are subject to the requirements of Chapter 18.62, BMC.
18.80.050 ADULT BUSINESS
An establishment which advertises, trades, exchanges, transfers, sells, presents, shows, offers or exhibits
materials, activities, reproductions, likenesses, services and/or objects defined as obscene by §45-8-
201(2), MCA. Adult business as defined in this section shall include, but need not be limited to, adult
bookstores, adult motion picture theaters, rap studios, massage parlors, exotic dance studios, nude art
studios, nude photographic studios and nude body painting studios.
18.80.060 AFFORDABLE HOUSING
Housing for persons earning less than 65 percent of the area’s annual median income for rental housing
and 100 percent of the area’s annual median income for purchased housing. Further, affordable housing
does not require greater than 30 percent of the household gross annual median income for housing.
Annual median income is defined by the Department of Housing and Urban Development. Affordable
housing is subject to the City’s affordable housing policy.
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18.80.070 AGGRIEVED PERSON
A person, as defined in this chapter, who has a specific, personal and legal interest in the final decision
of an agency, board or commission, as distinguished from a general interest such as is the concern of all
members of the community, and which interest would be specifically and personally prejudiced by the
decision or benefited by its reversal.
18.80.080 AGRICULTURAL ACTIVITY
The cultivation or tilling of soil for the purpose of producing vegetative materials for sale or for use in a
commercial operation and/or the raising or tending of animals for commercial sale or use. Agriculture
does not include gardening for personal use, keeping of house pets or landscaping for aesthetic
purposes.
18.80.090 AGRICULTURAL WATER USER FACILITY
Those facilities, which include but are not limited to ditches, pipes, and other water conveying facilities,
which provide water for irrigation and stock watering on agricultural lands, with said lands being defined
in §15.7.202, MCA.
18.80.100 ALLEY
A permanent public thoroughfare providing a secondary means of access to abutting lands.
18.80.110 ALIQUOT PART
An equal division of a government section in quarters as described by the ‘Manual for the Survey of the
Public Lands of the United States.’
18.80.120 ALTERATION
Any act or process, except repair and light construction as defined herein, that changes one or more of
the architectural features of a structure or site, including, but not limited to, the erection, construction,
reconstruction, relocation of, or addition to a structure. The term alteration may apply to any act or
process that changes the interior architectural features of that portion of a public or private property
commonly frequented by the general public, provided said public or private property is located within a
designated historic district or listed individually on the National Register of Historic Places. However,
changes upon interior elements of private residences, regardless of their location or historic status, shall
not be considered alterations as defined in this section. Alteration further means any change or addition
to a structure within a floodplain that either increases its exterior dimensions or increases its potential
flood hazard.
18.80.130 ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical treatment and are cared for during the time
of such treatment. Outside pens, kennels or runs are not permitted as part of an animal hospital
operation. Short term interior boarding is permitted.
18.80.140 ANTENNA
One or more rods, panels, discs or similar devices used for the transmission or reception of radio
frequency signals, which may include omnidirectional antenna (rod), directional antenna (panel) and
parabolic antenna (disc).
18.80.150 APARTMENT
A habitable room or suite of two or more habitable rooms meeting the requirements of the City’s
adopted International Building Code, located in an apartment building or used for residential purposes
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in nonresidential buildings located within nonresidential districts, as specified in this title. Efficiency
units shall qualify as an apartment under this definition.
18.80.160 APARTMENT BUILDING
A building other than a hotel or motel containing five or more dwelling units.
18.80.170 APPELLANT
An aggrieved person who has appealed the decision of an agency, board or commission to another body
designated herein by the filing of a notice of appeal.
18.80.180 APPLICANT
The person(s) who, or organization which, submitted the application to the agency, board or
commission for approval, or the person(s) who, or organization which, submitted the application to the
agency, board or commission whose decision has been appealed.
18.80.190 ARCHITECTURAL APPEARANCE
The architectural character and general composition of a structure, including but not limited to, the kind
and texture of the building’s materials and the type, design and character of all windows, doors, light
fixtures, signs and appurtenant exterior elements; and, interior architectural detail including, but not
limited to, floors, fixtures, hardware, ornamentation and other elements that contribute to the building’s
architectural or historical significance.
18.80.200 AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within the community subject to inundation by a one percent or greater
chance of flooding in any given year, i.e., the 100-year floodplain.
18.80.210 AREA OF SIGNS
The area of a sign that shall be computed by enclosing the entire area within any type of perimeter or
border which may enclose the outer limits of any writing, representation, emblem, figure or character
together with any other material or color forming an integral part of the display or used to differentiate
such sign from a building on which it is placed. The area of a sign having no such perimeter shall be
computed by enclosing the entire area within parallelograms, triangles, or circles in a size sufficient to
cover the entire area of the sign copy and computing the size of such area. In the case of a two-sided
sign, the area shall be computed as including only the maximum single display surface which is visible
from any ground position at one time. If the angle between the two sign faces is greater than 45 degrees,
the sign area will be the sum of the areas of the two faces. The supports or uprights on which any sign is
supported should not be included in determining the sign area unless such supports or uprights are
designed in such a manner as to form an integral background of the sign. In the case of any spherical,
conical, or cylindrical sign, one-half of the total surface area shall be computed as the area of the sign.
18.80.220 ARTIFICIAL LOT
An area within a legally existing lot that is delineated by the Planning Director for the sole purpose of
satisfying the landscaping requirements of this title.
18.80.230 ARTIFICIAL OBSTRUCTION - DEVELOPMENT
Any obstruction which is not natural and includes any dam, diversion, wall, bank stabilization method,
embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge,
conduit, culvert, building, refuse, automobile body, fill or other analogous structure or matter in, along,
across or projecting into any 100-year floodplain which may impede, retard or alter the pattern of flow
of water, either in itself or by catching or collecting debris carried by the water, or that is placed where
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302349
the natural flow of water would carry the same downstream to the damage or detriment of either life or
property.
18.80.240 ARTS CENTER AND/OR ENTERTAINMENT CENTER
A structure or facility for the presentation of the performing arts, including indoor motion picture
theaters; theaters for live performances; indoor concert halls; studios for arts education, such as dance or
painting. Also includes entertainment activities such as arcades; bowling alleys or pool halls. Arts and
entertainment center does not include any business meeting the definition of adult business as defined
by this title.
18.18.245 ATTACHED STRUCTURE
A building sharing with one or more other buildings a common wall(s) for not less than five feet.
18.80.250 AUTOMOBILE FUEL SALES OR REPAIR
The use of a site for the direct sale of fuel to the end user, or for the repair of automobiles,
noncommercial trucks, motorcycles, motorhomes, recreational vehicles or boats. This includes the sale
and on-site installation of parts, wheel and brake shops, body and fender shops, and similar repair and
service activities, but excludes dismantling or salvage.
18.80.260 AUTOMOBILE REDUCTION YARD
Any area of land where two or more motor vehicles not in running condition and/or two or more
unlicensed motor vehicles, or parts thereof, are stored in the open and are not being restored to
operation; or any land, building or structure used for the wrecking, dismantling, storage or abandonment
of motor vehicles or parts thereof.
18.80.270 AUTO SALVAGE YARD
A junkyard primarily containing inoperable vehicles for purposes of being dismantled and sold as parts.
18.80.280 AUTOMOBILE WASHING ESTABLISHMENT
A building which has its primary purpose as washing automobiles. Such facilities shall be considered
incidental to automobile service stations if not more than one auto may be washed at one time and if the
service station is clearly the principal use.
18.80.290 AWNING
A roof-like structure, which is generally composed of a skeletal frame, covered in a fabric or other skin-
type material, and typically open on the bottom side, which projects beyond a building or extending
along and projecting beyond the wall of the building. For the purposes of this title a sign on an awning
shall be considered to be a wall sign.
18.80.300 BANNER
Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by
a permanent frame at one or more edges. A single one of each national, state or municipal flags, or the
official flag of any institution or business shall not be considered banners.
18.80.310 BAR (TAVERN, COCKTAIL LOUNGE)
An establishment where alcoholic beverages are served on premises and where the total sales of alcohol
exceeds the total sales of food.
18.80.320 BASE FLOOD
A flood having a one percent chance of being equalled or exceeded in any given year. A base flood is the
same as a 100-year flood.
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18.80.330 BASE FLOOD ELEVATION
The elevation above sea level of the base flood in relation to National Geodetic Vertical Datum of 1929
unless otherwise specified in the flood hazard study.
18.80.340 BASEMENT
A portion of a building located partly underground but having not less than half its floor-to-ceiling
height below the average grade of the adjoining ground.
18.80.350 BEACON
Any light with one or more beams directed into the atmosphere or directed at one or more points not
on the same zone lot as the light source; also, any light with one or more beams that rotate or move.
18.80.360 BED AND BREAKFAST HOME
A single-household dwelling which remains owner-occupied at all times providing one or more guest
rooms for compensation, and where food service is limited to breakfast which may be served to
overnight guests only.
18.80.370 BUILDING
Any structure having enclosed space and a roof for the housing and/or enclosure of persons, animals or
chattels.
18.80.380 BUILDING AREA
The maximum horizontal projected area of the principal and accessory building(s), excluding open steps,
terraces, and architectural appurtenances projecting not more than 2 feet. Building area, as that portion
of a lot upon which construction is permitted, is that area of a lot that lies within the boundaries of the
front, side and rear yard setback requirements measured from the actual lot line.
18.80.390 BUILDING ENVELOPE
The three-dimensional volume on a lot lying between the front, side and rear yard setback lines and
between ground level and the maximum allowable building height, amounting to the area available for
potential building construction.
18.80.400 BUILDING FRONTAGE
The maximum dimension of the building front measured on a straight line parallel to the street, but
excluding facades facing alleys or driveways.
18.80.410 BUILDING HEIGHT
The vertical distance measured from grade as defined in this section to the highest point on the roof or
parapet wall. Where a building utilizes multiple roof styles or pitches, the highest point of each type of
roof or parapet wall shall be in conformance with applicable height regulations as established for the
respective roof pitches in each zoning district. Where the vertical difference between grade as defined in
this section is greater than 2 feet between opposite elevations of the building, the height of the building
may be increased by 1 foot for every 1 foot in grade difference up to a maximum of 6 additional feet.
18.80.420 BUILDING, PRINCIPAL
A building in which is conducted the main, or principal, use of the lot on which the building is situated.
18.80.430 BUSINESS
Engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services; the
maintenance or operation of offices or recreational or amusement enterprises.
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18.80.440 CANOPY
Any open, permanent roof-like accessory structure which is not attached or part of a principal building.
18.80.450 CANOPY TREE
A species of tree which normally bears crown foliage no lower than 6 feet above ground level upon
maturity.
18.80.460 CARPORT
A structure, open on at least two sides, consisting of a roof and either walls or columns for the purpose
of housing automotive vehicles and other chattels. The structure shall be considered as an accessory
building when detached from the principal building and as a part of the principal building when attached
to the principal building along one or more sides of the carport or principal building.
18.80.470 CASINO
A. An establishment whose primary use or activity is gambling, either in the form of gambling
machines (video poker, keno, etc.), card games or other licensed gambling activity. A casino will
normally have beverage and restaurant facilities as accessory uses. In all instances, an
establishment will be considered a casino for the purpose of these regulations if any of the
following characteristics apply:
1. The establishment is referenced as a casino by signage, advertisement or by name;
2. More than one card table is on the premises; and/or
3. Fifteen or more gambling machines are on the premises.
B. An applicant for a casino establishment must obtain a Montana state license to sell alcoholic
beverages for consumption on the premises.
18.80.480 CEMETERY
Land used for the burial of the dead and dedicated for cemetery purposes, including crematories,
mausoleums and mortuaries when operated in conjunction with and within the boundary of such
cemetery.
18.80.490 CERTIFICATE OF APPROPRIATENESS
A permit issued by the pertinent review authority indicating its approval of plans to alter or construct a
structure or alter a site within the Neighborhood Conservation Overlay District or Entryway Overlay
District.
18.80.500 CERTIFICATE OF SURVEY
A drawing of a field survey prepared by a registered land surveyor for the purpose of disclosing facts
pertaining to boundary locations.
18.80.510 CHILD
A person under twelve years of age.
18.80.520 CHURCH
A building, together with its accessory buildings and uses, where persons regularly assemble for religious
worship, and which building, together with its accessory buildings and uses, is maintained and controlled
by a religious body organized to sustain public worship.
18.80.530 CITY
The City of Bozeman.
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18.80.540 CITY COMMISSION
The governing body of the City of Bozeman.
18.80.550 CIVIC USE
Public buildings or uses, including but not limited to, college/university facilities, congregate postal
facilities, schools, government offices, libraries, assembly uses, police stations, and fire stations.
18.80.560 CLUB, PRIVATE (NONPROFIT)
A nonprofit association of persons who are bona fide members, paying annual dues, which owns, hires
or leases a building, or a portion thereof, the use of such premises being restricted to members and their
guests.
18.80.570 CO-LOCATION
The placement of an antenna by two or more wireless service providers on a common antenna-
supporting structure, or the addition or replacement of antennas on an existing structure. The term does
not include roof-mounted or surface-mounted wireless facilities or the placement of other antenna on
an amateur radio antenna.
18.80.580 COMMERCIAL MESSAGE
Any sign, wording, logo or other representation that directly or indirectly names, advertises or calls
attention to a business, product, service or other commercial activity.
18.80.590 COMMERCIAL NODE
A commercial node is an area meeting all of the following conditions:
1. Designated as Community Commercial in the land use section of the City’s adopted growth
policy;
2. Designated as a B-2 zoning district; and
3. Located in one of the four following locations:
a. Northwest of the intersection of Stucky Road and South 19th Avenue to the limits as
shown on the future land use map contained in the adopted growth policy,
b. East of Highland Boulevard across from the Bozeman Deaconess Hospital to the limits
as shown on the future land use map contained in the adopted growth policy,
c. South of West Main Street across from the Gallatin Valley Mall to the limits as shown on
the future land use map contained in the adopted growth policy,
d. Northwest of the intersection of Baxter Lane and Davis Lane to the limits as shown on
the future land use map contained in the adopted growth policy.
18.80.600 COMMON OPEN SPACE
Undeveloped land within a subdivision that has been designated, dedicated, reserved or restricted in
perpetuity from further development and is set aside for the use and enjoyment by residents of the
development. Common open space shall not be part of individual residential lots. It shall be
substantially free of structures, but may contain historic structures and archaeological sites, and/or
recreational facilities for residents, including but not limited to benches, picnic tables and interpretive
signage as indicated on an approved development plan. Stormwater control facilities for the benefit of
the subdivision may also be located within common open space.
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18.80.610 COMMON OWNERSHIP
Ownership by the same person, corporation, firm, entity, partnership or unincorporated association; or
ownership by different corporations, firms, partnerships, or unincorporated association in which a
stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm,
partnership, entity or unincorporated association.
18.80.620 COMMUNITY CENTER
A building or portion of a building used for nonprofit cultural, educational, recreational, religious or
social activities which is open to the public or a designated part of the public, usually owned and
operated by a public or nonprofit group or agency. Examples of community centers are schools,
churches, Boys and Girls Clubs, and similar uses. Community center does not include fraternities, lodges
or similar uses.
18.80.630 COMMUNITY RESIDENTIAL FACILITY
A single residential structure having common kitchen facilities including:
1. Those occupied by persons having developmental disabilities and living together for the purpose
of residential training, observation and/or common support, in which care is provided on a 24
hour per day basis;
2. A community group home for developmentally, mentally or severely disabled persons which
does not provide skilled or intermediate nursing care;
3. A youth foster home or other facility for care of minors as defined in §52-2-601 et seq., MCA;
4. A halfway house operated in accordance with regulations of the State Department of Public
Health and Human Services for the rehabilitation of alcoholics or drug dependent persons;
5. A licensed adult foster care home; or
6. Any facility defined in §76-2-411, MCA.
Where a limitation of eight or fewer residents is imposed for the purpose of defining the necessary
review process to establish this use, the operator of a residential facility, members of the operator’s
household or persons employed as staff shall not be counted as residents, except that the total number
of all persons living at the facility shall not exceed ten.
18.80.640 COMPATIBLE DEVELOPMENT
The use of land and the construction and use of structures which is in harmony with adjoining
development, existing neighborhoods, and the goals and objectives of the City’s adopted growth policy.
Elements of compatible development include, but are not limited to: variety of architectural design;
rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and sewer services, natural
elements in the area, motorized and non-motorized transportation, and open spaces and parks.
Compatible development does not require uniformity or monotony of architectural or site design,
density or use.
18.80.650 COMPATIBLE LAND USE
A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony
with an adjoining land use of differing character. Effects often measured to determine compatibility
include, but are not limited to, noise, odor, light and the presence of physical hazards such as
combustible or explosive materials.
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18.80.660 CONDITIONAL USE
A public or private use as listed in this title which, because of its unique characteristics, cannot be
properly classified as a principal use or accessory use in a particular district. After consideration in each
case of the impact of such use upon neighboring land, and of the public need for the particular use at
the particular location, a permit for such conditional use may or may not be granted, with or without
conditions, in addition to any condition specifically stated in this title for any particular conditional use,
including time limits, pursuant to the requirements of this title.
18.80.670 CONDITIONAL USE PERMIT
Legal authorization to construct, develop or operate a conditional use as defined by this title.
18.80.680 CONSERVATION EASEMENT
The grant of a property right or interest from the property owner the public or nonprofit conservation
organization stipulating that the described land shall remain in perpetuity in its natural and open state,
precluding future or additional development (with the exception of any allowable structures or facilities).
18.80.690 CONTIGUOUS TRACT
For the purpose of these regulations, a parcel of land next to, abutting, adjoining or touching another
individual parcel of land, including tracts which are separated by public right-of-way.
18.80.700 CONSTRUCTION
The act of adding to an existing structure or erecting a new principal or accessory structure.
18.80.710 CONVENIENCE FOOD RESTAURANT
An establishment whose principal business is the sale of foods, frozen desserts or nonalcoholic
beverages to the consumer in a ready-to-eat state for consumption either within the premises or for
carry-out with consumption either on or off the premises and whose design or principal method of
operation includes both of the following characteristics:
A. Foods, frozen desserts or nonalcoholic beverages are usually served in edible containers or in
paper, plastic or other disposable containers;
B. The customer is not served food at his/her table by an employee but receives it at a counter,
window or similar facility for carrying to another location for consumption either on or off the
premises.
18.80.720 CONVENIENCE USE
Retail commercial uses which have relatively high traffic generation rates per 1,000 square feet compared
to other commercial uses. A use is designated as a convenience use if the method of operation includes
one or more of the following characteristics:
A. Retail motor fuel is sold;
B. The primary business is the sale of food or drink for consumption, either on or off premises,
over a counter, or from an outdoor service window or automobile service window. Of the food
or drink sold, at least 20 percent is in disposable or carry-out containers; or
C. Drive-in and drive-through restaurants.
18.80.730 COOPERATIVE HOUSEHOLD
Five or more persons who are granted a conditional use permit as a cooperative household pursuant to
the terms of Chapter 18.34 of this title. A cooperative household exhibits four or more of the
following characteristics:
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A. A shared strong bond or common commitment to a single purpose, such as members of a
religious order;
B. Are not legally dependent on others not living with them;
C. Can establish legal “domicile” as defined by state law;
D. Share a single household budget;
E. Share in the work of maintaining the premises;
F. Legally share in the ownership or possession of the premises, e.g. tenants in common on a deed
or cosigners of a single lease; or
G. The relationship must be of a permanent and distinct character with a demonstrable and
recognizable bond characteristic of a cohesive unit.
Cooperative housing does not mean any society, club, fraternity, sorority, association, lodge,
organization or group of students or other individuals with a common living arrangement or whose
basis for the establishment of the housekeeping unit is temporary.
18.80.740 COVENANT
An agreement that binds and restricts the land in the hands of present owners and subsequent
purchasers with a view towards protecting and enhancing the physical, natural and economic integrity of
an area.
18.80.750 DATE OF SUBMISSION
The date at which the plat or plan and all required supplementary information is received and certified
as complete by the Planning Department.
18.80.760 DAY CARE CENTER
A place in which supplemental care is provided to thirteen or more nonresident persons on a regular
basis and which is licensed by the State of Montana.
18.80.770 DAY CARE HOME, FAMILY
A private residence in which supplemental care is provided to three to six nonresident persons from
separate families on a regular basis and which is registered by the State of Montana.
18.80.780 DAY CARE HOME, GROUP
A private residence in which supplemental care is provided to seven to twelve nonresident persons on a
regular basis and which is registered by the State of Montana.
18.80.790 DEDICATION
The deliberate appropriation of land by an owner for any general and public use, reserving no rights
which are incompatible with the full exercise and enjoyment of the public use to which the property has
been devoted.
18.80.800 DEMOLITION
Any act or process that destroys, in part or whole, a structure or archaeological site.
18.80.810 DESIGN REVIEW
The aesthetic evaluation of certain development proposals, including those located in the neighborhood
conservation overlay district, entryway overlay district, and all planned unit developments and retail
developments consisting of single tenant buildings greater than 40,000 square feet relative to
architectural, site, landscape, environmental, urban and other design matters as specified in this title.
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18.80.820 DESIGN REVIEW BOARD
That board created by Chapter 18.62 of this title and appointed by the City Commission, charged with
the design review, as defined in this chapter, of certain plans and proposals as specified in this title.
18.80.830 DEVELOPMENT
Any man-made change to improve or alter real estate, including but not limited to, subdivision of land,
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
18.80.840 DEVELOPMENT ENVELOPES
Areas on a lot within which grading, lawns, pavement and buildings will be located.
18.80.850 DEVELOPMENT REVIEW COMMITTEE
That committee created by Chapter 18.62, BMC and charged with the expressed intent of reviewing
designated plans and proposals.
18.80.860 DEVIATION
A modification of physical standards of this title as applied to a specific piece of property located within
the neighborhood conservation overlay district or entryway corridor overlay district. A deviation may be
granted only by the City Commission.
18.80.870 DIVISION OF LAND
The segregation of one or more parcels of land from a larger tract held in single or undivided ownership
by transferring, or contracting to transfer, title to or possession of a portion of the tract, or properly
filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels
pursuant to these subdivision regulations and the Montana Subdivision and Platting Act. The
conveyance of a tract of record or an entire parcel of land that was created by a previous division of land
is not a division of land.
18.80.880 DIRECTIONAL SIGN
An on-premise sign which is intended to convey information regarding the location of specific features
of the site or to convey on-premise regulations including traffic and circulation regulations.
18.80.890 DRIVE ACCESS
That area between the curb of a street, or edge of the traveled portion of a street when no curb exists,
and the right-of-way/property line over which the City will permit vehicular travel from the traveled
portion of a street to an individual property or off-street parking space(s).
18.80.900 DRIVE-IN BUSINESS
Any business in which people are provided a service or a product, where a sale is made without the
customer being required to leave the vehicle. Such businesses include, but are not limited to, drive-in
theater, drive-in bank, freestanding automated teller machine, drive-in laundry or dry cleaning pickup
station, drive-in restaurant and any business offering take-home food services.
18.80.910 DWELLING
A building, or portion thereof, meeting the requirements of the City’s adopted International Building
Code and used by one household, as defined by Chapter 18.80, BMC, for residential purposes. Dwelling
occupancy duration is typically longer than thirty continuous days. Dwellings may exist in many
configurations, including single-household, two-household, multiple-household dwellings and group
homes. Dwellings do not include hotels, motels, extended stay lodgings or tourist homes.
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18.80.920 EASEMENT
A grant by a property owner to the public, a specific person or persons, other than the owner, for a right
to use land for a specific purpose or purposes.
18.80.930 EFFICIENCY UNIT
A dwelling unit containing only one habitable room as defined and regulated by the most recently
adopted International Building Code.
18.80.940 ENGINEER (REGISTERED PROFESSIONAL ENGINEER)
A person licensed in conformance with the Montana Professional Engineers Registration Act (§37-67-
101 through §37-67-332, MCA) to practice engineering in the State of Montana.
18.80.950 ENGINEERING DEPARTMENT
Engineering Division of the City of Bozeman’s Department of Public Service.
18.80.960 ESSENTIAL SERVICES (TYPE I)
Water pumping stations; stormwater drainage facilities (including collection lines, retention/detention
ponds and drainage ways); sanitary sewer and storm sewer lift stations; public domestic water storage
facilities; water fill stations for fire fighting equipment; local service telephone lines and cables; local
service electrical distribution lines and cables; local service cable television lines; local service electronic
data transmission lines and cables; water and sanitary sewer distribution and collection lines; and public
and amateur radio antennae and towers.
18.80.970 ESSENTIAL SERVICES (TYPE II)
Pipelines to transport gas, oil and coal (interstate and intrastate); electric substations; electrical
transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment
facilities (water, sanitary sewer and storm sewer); telephone satellite community dial offices; telephone
exchanges and repeater stations, except those facilities which may be considered wireless facilities; other
accessory facilities, equipment and structures; and police and fire stations.
18.80.980 ESTABLISH
To construct, place, insert or excavate.
18.80.990 EVERGREEN TREE OR SHRUB
A tree or shrub of a species which normally retains its leaves/needles throughout the year.
18.80.1000 EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision where the construction of facilities for servicing the
manufactured home lots is completed before the effective date of the floodplain management
regulations. This includes, at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads.
18.80.1010 EXTENDED STAY LODGINGS
Guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or
which are occupied for sleeping purposes for guests and contain kitchen facilities for food preparation
including but not limited to such facilities as refrigerators, stoves and ovens. Generally an individual
guest will not exceed thirty days stay. This definition includes dwelling units used, rented or hired out for
vacation homes.
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18.80.1020 FINAL DECISION
The final action of an agency, board or commission when no further action is available before such
agency, board or commission.
18.80.1030 FINAL PLAT
The final drawing of a subdivision and dedication required by this title and the Montana Subdivision and
Platting Act to be prepared for filing for record with the Clerk and Recorder, and containing all
elements and requirements set forth in this title and the Montana Subdivision and Platting.
18.80.1040 FINAL SITE PLAN
The final scale drawings of a preliminarily approved development and any other required information,
the approval of which by the Planning Director indicates that the required conditions for approval have
been met.
18.80.1050 FLOOD OR FLOODING
A general and temporary condition of partial or complete inundation of normally dry lands from the
overflow of a stream, or the unusual and rapid accumulation or runoff of surface waters from any
source.
18.80.1060 FLOOD INSURANCE RATE MAP
The map on which FEMA has delineated both the 100-year floodplains and the risk premium zones.
18.80.1070 FLOOD INSURANCE STUDY
The report in which FEMA has provided flood profiles, as well as the Flood Boundary/Floodway Map
and the water surface profiles.
18.80.1080 FLOODPLAIN
Areas generally adjoining a stream that would be covered by floodwater of a 100-year flood except for
designated shallow flooding areas that receive less than one foot of water per occurrence. The floodplain
consists of a floodway and floodway fringe. Floodplain regulations are found in Chapter 18.58, BMC.
18.80.1090 FLOODPLAIN ACT
The Montana Floodplain and Floodway Management Act, §76-5-101 et seq., MCA.
18.80.1100 FLOODWAY
The channel of a stream and the adjacent overbank areas that must be reserved in order to discharge a
base flood (100-year flood) without cumulatively increasing the water surface elevation more than one-
half foot.
18.80.1110 FLOODWAY FRINGE
The portion of the floodplain that is outside the limits of the floodway.
18.80.1120 FOOD PROCESSING FACILITY
A facility in which food is processed or otherwise prepared for eventual human consumption but not
consumed on the premises.
18.80.1130 FOOTCANDLE
A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter.
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18.80.1140 FREESTANDING SIGN
Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are
independent from any building or other structure.
18.80.1150 FRONT LINE OF BUILDING
The line of the face of a building nearest the front lot line.
18.80.1160 FRONT YARD
A yard extending across the full width of the lot between two side lot lines, the depth of which is the
least distance between the street right-of-way and the front building line.
18.80.1170 GARAGE, PRIVATE
A detached accessory building, or portion of a main building, designed or primarily used for the storage
of self-propelled vehicles for the household housed in the building to which such garage is accessory.
18.80.1180 GARAGE, PUBLIC
Any building or premises, except those defined herein as a private garage, used for the storage or care of
motor vehicles; or where such vehicles are equipped for operation, repaired or kept for rental, hire or
sale.
18.80.1190 GLARE
The sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance
and visibility to the eye.
18.05.1200 GOVERNING BODY
The governing authority of a city or town organized pursuant to law. In the City of Bozeman, the City
Commission is the governing authority.
18.80.1210 GRADE
The lowest point of elevation of the finished surface of the ground between the exterior wall of a
building and a point 5 feet distance from the wall, or the lowest point of elevation of the finished
surface of the ground between the exterior wall of the building and the property line if it is less than 5
feet distance from the wall. If walls are parallel to and within 5 feet of a public sidewalk, alley or other
public way, the grade shall be the elevation of the sidewalk, alley or public way. “Finished surface of the
ground” shall not include window wells, stairwells or other similar features, but shall include features
such as usable patio areas.
18.80.1220 GREEN
An open space available for unstructured recreation, with landscaping consisting of maintained grassy
areas, trees and other vegetation.
18.80.1230 GREENHOUSE
A building or structure constructed chiefly of glass, glass-like translucent material, cloth, lath or similar
materials which is devoted to the protection or cultivation of flowers or other plants.
18.80.1240 GROUND FLOOR AREA
The square foot area of a building within its largest outside dimension computed on a horizontal plane
at the ground floor level, exclusive of open porches, breezeways, terraces, garages, exterior stairways and
secondary stairways.
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18.80.1250 GROSS ACREAGE
The total area of a parcel including the area of perimeter street rights-of-way to the centerline of the
street.
18.80.1260 GROSS DENSITY
The number of residential dwelling units per unit of land used for residential purposes, with unit of land
being the gross residential acreage..
18.80.1270 GROUNDCOVER
Natural mulch or plants of species which normally reach a height of less than 2 feet upon maturity,
installed in such a manner so as to form a continuous cover over the ground.
18.80.1280 GROWTH POLICY
An official public document adopted and used by a local government as a general guide for development
and conservation decisions. It is not a regulation; rather, it is an official statement of public policy to
guide growth and change. The required and optional elements of a growth policy are listed in § 76-1-
601, MCA.
18.80.1290 GUEST HOUSE
An attached or detached accessory building used to house guests of the occupants of the principal
building, and which is never rented or offered for rent. Any guest house providing cooking facilities (e.g.
full size dishwasher, more than a bar sink, or a stove) shall be considered a dwelling unit.
18.80.1300 HEALTH AUTHORITIES
The State Department of Environmental Quality, local environmental health specialist or other
authorized representative.
18.80.1310 HEALTH AND EXERCISE ESTABLISHMENTS
An establishment designed and equipped for the conduct of sports, exercise activities and other
customary and usual recreational activities, including tennis, racquetball, handball and squash courts,
martial arts, gymnastics, weight and aerobic exercise rooms, running facilities, swimming pools, yoga,
sport dancing, and whirlpool and sauna facilities. Permitted accessory uses shall include child care, sun
tanning booths, massage, health and nutrition counseling services, retail sales of sporting goods and
restaurant services.
18.80.1320 HEIGHT OF LOW PROFILE SIGN
The vertical distance between the finished grade and the highest component of the sign.
18.80.1330 HEIGHT OF POLE STYLE SIGN
The vertical distance between the elevation of the adjacent street curb, or edge of pavement if no curb
exists, to the highest attached component of the sign. In the event that the finished grade of the sign
location is higher, or lower, than the adjacent street curb or edge of pavement, the height shall be
determined as the vertical distance from the median elevation between the adjacent street curb or edge
of pavement and the lowest finished grade at the base of the sign to the highest attached component of
the sign.
18.80.1340 HISTORIC SITE
The location of a significant event, a prehistoric or historic occupation or activity, or a building or
structure, whether standing, ruined or vanished, where the location itself possesses significant historic,
cultural or archaeological value. The value of a site shall be based on the ability of the site to meet the
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eligibility requirements for historical significance as described by the National Register of Historic
Places.
18.80.1350 HOME BASED BUSINESS
Any business, occupation or activity undertaken for gain within a residential structure that is incidental
and secondary to the use of that structure as a dwelling. Home based businesses are subject to the
requirements of this title.
18.80.1360 HOME OFFICE
An accessory use in which work for compensation is undertaken, including, but not limited to, receiving
or initiating correspondence, such as phone calls, mail, faxes or e-mail; preparing or maintaining
business records; word and data processing; and telephone, mail order and off-premise sales.
18.80.1370 HOSPITAL
An institution for the diagnosis, treatment or other cure of human ailments and which may include a
sanitarium or clinic, provided such institution is operated by, or treatment is given, under direct
supervision of a physician licensed to practice by the State of Montana.
18.80.1380 HOTEL OR MOTEL
A building or a group of buildings in which lodging is provided and offered to transient guests for
compensation; shall not include a boarding house, extended stay lodgings, lodging house or rooming
house.
18.80.1390 HOUSEHOLD
A person living alone, or any of the following groups living together as a single nonprofit housekeeping
unit and sharing common living, sleeping, cooking and eating facilities:
A. Any number of people related by blood, marriage, adoption, guardianship or other duly-
authorized custodial relationship;
B. Not more than four unrelated people, including persons enrolled in an institution of higher
learning;
C. Two unrelated people and any children related to either of them; or
D. Not more than four people who are:
1. Residents of a “Community Residential Facility” as defined in § 76-2-411 et seq., MCA
and this title; or
2. “Handicapped” as defined in the Fair Housing Act, 42 USC §3602 (h). This definition
does not include those persons currently illegally using or addicted to a “controlled
substance” as defined in the Controlled Substances Act, 21 USC § 802 (6).
E. “Household” does not include:
1. Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie,
cooperative housing or like organization;
2. Any group of individuals whose association is temporary or seasonal in nature; or
3. Any group of individuals who are in a group living arrangement as a result of criminal
offenses.
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18.80.1400 ILLUMINANCE
The quantity of light measured in footcandles or lux. The density of the luminous flux incident on a
surface; it is the quotient of the luminous flux by the area of the surface when the latter is uniformly
illuminated.
18.80.1410 IMMEDIATE FAMILY
A spouse, children by blood or adoption, and parents.
18.80.1420 INCIDENTAL
Any action or use of less importance, or secondary to, any other action or use.
18.80.1430 INCIDENTAL SIGN
A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is
located, such as “no parking,” “entrance,” “loading only,” “telephone,” and other similar directives. No
sign with a commercial message, which is designed with the intent to be legible from a position off the
zone lot on which the sign is located, shall be considered incidental.
18.80.1440 INDUSTRY, HEAVY
Those industries whose processing of products results in the emission of any atmospheric pollutant,
light flashes, glare, odor, noise or vibration which may be heard and/or felt off the premises and those
industries which constitute a fire or explosion hazard.
18.80.1450 INDUSTRY, LIGHT
Those industries whose processing of products results in none of the conditions described for heavy
industry.
18.80.1460 INTERCHANGE ZONE
Districts created for the purpose of allowing larger and/or additional signage for the areas adjacent to
the Interstate 90 interchanges at East Main Street, North 7th Avenue and North 19th Avenue which are
located within the Entryway Overlay District, B-2 Zoning District and within 1,300 feet of the Interstate
90 right-of-way.
18.80.1470 IRREGULARLY SHAPED TRACT OF LAND
A parcel of land other than an aliquot part of the United States Government survey section or a United
States lot, the boundaries or areas of which cannot be determined without a survey or trigonometric
calculation.
18.80.1480 LANDMARK
A site, structure or object designated as a “landmark” pursuant to the procedures prescribed in Chapter
18.28, BMC, that is worthy of preservation, restoration or rehabilitation because of its historic land
planning or architectural significance and officially recognized through listing in the National Register of
Historic Places. A landmark shall be subject to all neighborhood conservation overlay district
procedures and requirements.
18.80.1490 LANDSCAPE ARCHITECT
A person licensed to practice landscape architecture in the State of Montana.
18.80.1500 LANDSCAPING
At least 75 percent coverage of an area with natural grass, vegetative groundcover or other natural living
plant materials, the remainder of which is covered with nonvegatative decorative landscape design
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elements such as washed rock, lava rock, bark chips and ornamental features such as pools, fountains,
benches, etc. For purposes of this title, the term landscaping shall be considered to have the same
meaning as the terms landscape, landscaped and landscaped area.
18.80.1510 LARGE SCALE WIRELESS FACILITY
A wireless facility 25 feet or greater in height from the base to the highest point including attachments.
Examples of supporting structures are monopoles, self supporting (lattice) towers, guy-wire supported
towers and other similar structures When calculating the height of a facility, other structures designed
for other uses such as buildings or water towers shall not be included in the calculation. Some
illustrated examples of large scale wireless facilities are shown in the appendix.
18.80.1520 LARGE SHRUB
A shrub which normally reaches a height of 5 feet or more upon maturity, and usually has five or more
canes.
18.80.1530 LARGE TREE
A tree of a species which normally reaches a height of 25 feet or more upon maturity, and usually has a
single stem.
18.80.1540 LEVEE
A man-made embankment, usually earthen, designed and constructed in accordance with sound
engineering practices to contain, control or divert the flow of water to provide protection from
temporary flooding.
18.80.1550 LEVEE SYSTEM
A flood protection system that consists of a levee, or levees, and associated structures, such as drainage
and closure devices, which are constructed and operated in accordance with sound engineering
practices.
18.80.1560 LIGHT CONSTRUCTION
Any change not construed as an alteration or repair, including paving of established driving and parking
areas (subject to the requirements of Chapter 18.46, BMC); construction of patios not greater than 120
square feet in size; construction of sidewalks not wider than 5 feet; and landscaping (but not including
major changes in grading or site surface drainage).
18.80.1570 LIGHT GOODS REPAIR
Establishments primarily engaged in the provision of repair services to individuals and households as
well as businesses, but excluding automotive, boat and similar intensive repair use types. Typical uses
include, but are not limited to, the repair of appliances, shoes or clothing, watches or jewelry,
instruments, office equipment or electronics.
18.80.1580 LIGHT SOURCE
A single artificial point source of light that emits measurable radiant energy in or near the visible
spectrum.
18.80.1590 LIGHT TRESPASS
Light emitted by a lighting installation that extends beyond the boundaries of the property on which the
installation is sited.
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18.80.1600 LIMITED ACCESS
A way or means of allowing physical entrance to land at controlled locations or points. A “no access”
strip or line may be placed on a plat as a means of limiting access.
18.80.1610 LIMITED ACCESS ROADWAY
A street or road especially designed for through traffic, over which abutting land owners have no right
to direct access.
18.80.1620 LOCAL SERVICES
All services provided by governmental bodies for the benefit of citizens. These services include, but are
not limited to, police, fire, water, recreation, streets, parks, libraries, schools, and wastewater and solid
waste collection and disposal.
18.80.1630 LODGING HOUSE
A building with not more than ten guest rooms where lodging with or without meals is provided for
compensation to persons not meeting the definitions of household, community residential facility,
cooperative household, fraternity or sorority. Also referred to as a boarding house.
18.80.1640 LOT
A piece, parcel, plot, tract or area of land in common ownership created by subdivision or its legal
equivalent for sale, lease or rent. A lot has the characteristics of being able to be occupied or capable of
being occupied by one or more principal buildings, and the accessory buildings or uses customarily
incidental to them, and including the open spaces required under this title, and having its principal lot
frontage on a street. When one or more lots are held in common ownership they shall be treated a as
single lot for the purposes of development review and evaluation of compliance with the standards of
this title.
18.80.1650 LOT AREA
The total horizontal area within the boundary lines of a lot.
18.80.1660 LOT MEASUREMENTS
A. Lot Depth. The horizontal distance of a line measured at a right angle to the front lot line and
running between the front lot line and rear lot line of a lot.
B. Lot Width. The distance as measured in a straight line, between side lot lines at the points of
intersection with the required front building line.
C. Lot Frontage. The horizontal distance between the side lot lines measured at the point where the
side lot lines intersect the street right-of-way. All sides of a lot that abuts a street shall be
considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered
the lot frontage.
D. Lot Area. The total horizontal area within the boundary lines of a lot.
18.80.1670 LOT TYPES
A. Corner Lot. A lot at a junction of, and fronting on, two or more intersecting streets.
B. Interior Lot. A lot other than a corner or through lot.
C. Double Frontage or Through Lot. A lot having frontage on two parallel, or approximately
parallel, streets.
D. Reverse Frontage Lot. A double frontage or through lot that is not accessible from one of the
parallel or nonintersecting streets on which it fronts.
Ordinance # 1693: Effective March 24, 2007. page 80-19
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18.80.1680 LOT LINE, FRONT
In the case of an interior lot, a line separating the lot from the street, in the case of a corner lot, a line
separating the narrowest street frontage of the lot from the street and in the case of a double frontage or
through lot, a line separating the lot from the street from which a drive access may be permitted by the
City.
18.80.1690 LOT LINE, REAR
A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or
triangular shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance from
the front lot line.
18.80.1700 LOT LINE, SIDE
Any lot boundary line not a front lot line or a rear lot line.
18.80.1710 LOT LINE, ZERO
A concept utilized to permit a structure or wall of a building to be located on a property line.
18.80.1720 LOT WIDTH
The distance as measured in a straight line, between side lot lines at the points of intersection with the
required front building line.
18.80.1730 LOT WITH RESIDENTIAL ADJACENCY
Any of the following:
A. A building site in a residential zoning district, if the site abuts or is directly across a street or alley
from an R-1, R-2, R-3, R-4 or R-O zoning district;
B. A building site in a nonresidential zoning district, if the site abuts or is directly across a street or
alley from an R-S, R-1, R-2, R-3, R-4 or R-O zoning district;
C. An artificial lot in a residential district, if the lot is less than 200 feet from an R-1, R-2, R-3, R-4
or R-O zoning district; or
D. An artificial lot in a nonresidential zoning district, if the lot is less than 200 feet from an R-S, R-
1, R-2, R-3, R-4 or R-O zoning district.
18.80.1740 LOW-PROFILE SIGN
A freestanding sign composed of a solid structure between finished grade and the top of the sign. Also
referred to as a monument sign.
18.80.1750 LUMINAIRE
A complete lighting unit consisting of a light source and all necessary mechanical, electrical and
decorative parts; also called the lighting fixture.
18.80.1760 LUMINANCE
The physical and measurable luminous intensity of a surface (e.g., a lamp, luminaire, reflecting material)
in a specific area and measurable with an illuminance meter. The quotient of the luminous flux at an
element of the surface surrounding the point, and propagated in directions defined by an elementary
cone containing the given direction, by the product of the solid angle of the cone and area of the
orthogonal projection of the element of the surface on a plane perpendicular to the given direction. The
luminous flux may be leaving, passing through and/or arriving at the surface.
Ordinance # 1693: Effective March 24, 2007. page 80-20
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18.80.1770 LUX
A unit of light intensity stated in lumens per square meter. There is approximately 10.7 lux per
footcandle.
18.80.1780 MANUFACTURED HOME
A factory-built, single-household structure that is manufactured under the authority of 42 USC §5401,
the National Manufactured Home Construction and Safety Standards Act, is built on a permanent
chassis, and is used as a place for human habitation, but which is not constructed or equipped with a
permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to
a permanent site, and which does not have wheels or axles permanently attached to its body or frame.
This definition specifically does not include recreational vehicles. Any dwelling meeting the definition of
modular home is not a manufactured home.
18.80.1790 MANUFACTURED HOME LOT OR SPACE
A lot for rent or lease in a manufactured housing community designated for the accommodation of one
manufactured home and its accessory buildings or structures for the exclusive use of the occupants.
18.80.1800 MANUFACTURED HOME STAND
That area of a lot for rent or lease which has been prepared for the placement of a manufactured home
in a manufactured home community.
18.80.1810 MANUFACTURED HOME COMMUNITY
Any piece of real property under single ownership or control for which the primary purpose is the
placement of two or more manufactured homes for permanent residential dwellings and for the
production of income. A manufactured housing community does not include real property used for the
display and sale of manufactured units, nor does it include real property used for seasonal purposes only,
as opposed to year-round occupancy. Home sites within the community are leased to individual
homeowners, who retain customary leasehold rights.
18.80.1820 MANUFACTURING
The creation of products either with machinery or by hand according to an organized plan and with the
division of labor.
18.80.1830 MANUFACTURING, LIGHT
Fabrication of and/or assembly of goods from previously prepared materials.
18.80.1840 MEAN SEA LEVEL
The National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations
are references.
18.80.1850 MEDICAL OFFICES, CLINICS AND CENTERS
An establishment where patients are admitted for special study and treatment by licensed health care
professionals, including acupuncturists and chiropractors.
18.80.1860 MICRO-SCALE WIRELESS FACILITY
A wireless facility, less than 10 feet in height from the base to the highest point, including attachments.
When calculating the height of a facility, other structures designed for other uses such as buildings or
water towers shall not be included in the calculation.
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18.80.1870 MINING
The extraction of sand, gravel or other material from the land in the amount of four-hundred cubic
yards or more and the removal thereof from the site without processing.
18.80.1880 MINI-WAREHOUSE (WAREHOUSE, RESIDENTIAL STORAGE)
A building or group of buildings in a controlled access and fenced or screened compound that contains
relatively small storage spaces of varying sizes and/or spaces for recreational vehicles or boats, having
individual, compartmentalized and controlled access for the dead storage of excess personal property of
an individual or household generally stored in residential accessory structures, when such building or
group of buildings are not located on the lot of the residence.
18.80.1890 MINOR SUBDIVISION
A subdivision that creates five or fewer lots from a tract of record.
18.80.1900 MOBILE HOME
A transportable, manufactured structure, suitable for year-round single-household occupancy and having
water, electrical and sewage connections similar to those of conventional dwellings. This definition
applies only to units constructed prior to the Federal Manufactured Housing Construction and Safety
Standards Act of 1974, which became effective June 15, 1976. Compare with the definition of
manufactured home.
18.80.1910 MOBILE OFFICE
A factory assembled structure or structures exceeding 8 feet in width, originally equipped with the
necessary service connections, and originally made so as to be readily movable as a unit or units on its
(their) own running gear and designed to be used as an office without a permanent foundation, in
compliance with all applicable state regulations, whether or not the running gear has been removed.
18.80.1920 MODEL HOME
A home constructed to display a builder’s for sale or lease units but which does not serve as a dwelling
unit until sold as a residence.
18.80.1930 MODULAR OR SECTIONAL HOME
A dwelling unit meeting the standards of the International Building Code which was mass produced in a
factory, designed and constructed for transportation to a site for occupancy when connected to the
required utilities and when permanently anchored to a permanent foundation, whether intended for use
as an independent, individual unit or in combination with other units to form a larger building, and
which does not have integral wheel, axles or hitch. For the purposes of locating a dwelling according to
the standards of this title there is no distinction made between a dwelling constructed wholly or partly
off-site and a dwelling constructed on-site so long as they meet the standards of the City’s adopted
International Building Code.
18.80.1940 MONUMENT (PERMANENT MONUMENT)
Any structure of masonry, metal or other permanent material placed in the ground which is exclusively
identifiable as a monument to a survey point, expressly placed for surveying reference.
18.80.1950 NATURAL ENVIRONMENT
The physical conditions which exist within a given area, including land, water, mineral, flora, fauna,
noise, light, and objects of historic or aesthetic significance.
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18.80.1960 NEIGHBORHOOD COMMERCIAL CENTER
Commercial uses oriented at serving the needs of neighborhoods. These areas are typified by smaller
scale shops and services, and a high level of pedestrian, bicycle and transit opportunities. Neighborhood
commercial centers are intended to support and help give identity to individual neighborhoods by
providing a visible and distinctive focal point. A neighborhood commercial center may also contain uses
that draw from more than the immediate vicinity, especially when located adjacent to arterial streets.
Activities commonly expected in this classification are daycares, smaller scale groceries, bakeries, coffee
shops, retail stores, small restaurants, offices and residences above other uses.
18.80.1970 NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT
An area designated as the neighborhood conservation overlay district on the City zoning map pursuant
to the procedures set forth herein.
18.80.1980 NET RESIDENTIAL DENSITY
The number of residential dwelling units per buildable unit of land, excluding any land used or to be
used as street rights-of-way, parks, public buildings or private nonresidential uses. For calculating net
residential density, the following formula shall apply:
D = du du
A - (c+i+s+a+d)
Where D = Residential density
du = Total number of dwelling units in project
A = Total site area (acres)
c = Total commercial land area (acres)
i = Total industrial land area (acres)
s = Reserved but undedicated school or park sites (acres)
a = Street, public or private, rights-of-way and transportation easements (acres)
d = Dedicated park lands, conservation easements, or common open spaces (acres)
18.80.1990 NEW CONSTRUCTION
Development commenced on or after the effective date of the ordinance codified in this title.
18.80.2000 NONBROADCAST TELECOMMUNICATION FACILITY
A facility used for the transmission or enhancement of telecommunications which does not include the
presence of antennas, as defined in this title. A nonbroadcast telecommunication facility does not
include office use, materials storage or other similar uses.
18.80.2010 NONCANOPY TREE
A large tree which in its native state has at maturity canopy vegetation less than 6 feet above the ground.
18.80.2020 NONCOMMERCIAL SPEECH
Any sign wording, logo or other representation that does not directly or indirectly name, advertise or call
attention to a business, product, service or other commercial activity.
18.80.2030 NONCONFORMING SIGN
A sign that does not conform to the provisions of Chapter 18.52, BMC.
Ordinance # 1693: Effective March 24, 2007. page 80-23
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18.80.2040 NONCONFORMING STRUCTURE
Any structure which was legal prior to the effective date of the ordinance codified in this chapter which
fails to comply with the building location standards, and/or size requirements of the applicable zone of
this title in which it is located.
18.80.2050 NONCONFORMING USE
An existing use of land or building which was legal prior to the effective date of the ordinance codified
in this title but which fails to comply with the requirements set forth in this title applicable to the zone
in which such use is located.
18.80.2060 NOXIOUS MATTER OR MATERIAL
Material capable of causing injury to living organisms by chemical reaction or capable of causing
detrimental effects on the physical or economic well-being of individuals.
18.80.2070 NURSING HOME
An extended or intermediate care facility licensed or approved to provide full time convalescent or
chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to
care for themselves.
18.80.2080 NURSERY, PLANT
Facilities for commercial development, growth and sale of plants and/or for the utilization of and
storage of equipment for landscaping operation and wholesale and/or retail or commercial gardening
supplies.
18.80.2090 OFF-PREMISE SIGN
A sign which advertises or directs attention to products or activities that are not provided on the parcel
upon which the sign is located.
18.80.2100 OFFICES
Buildings or portions of buildings in which commercial activities take place but where goods are not
produced, sold or repaired. These include but are not limited to general and professional offices;
governmental offices; insurance offices; real estate offices; taxicab offices (but not taxi stands); travel
agency or transportation ticket offices; telephone exchange; utility offices; radio broadcasting and similar
uses.
18.80.2110 OFFICIAL FLOODPLAIN MAPS
The Flood Insurance Rate Maps and Flood Boundary/Floodway Maps provided by FEMA for the City
dated July 15, 1988 and incorporating any approved updates or revisions.
18.80.2120 ONE-HUNDRED YEAR FLOOD
A flood having a one percent chance of being equalled or exceeded in any given year. A 100-year flood
has nearly a 23 percent chance of occurring in a 25-year period. A 100-year flood is the same as a base
flood.
18.80.2130 OPEN SALES (OR RENTAL) LOT
Any land used or occupied for the purpose of buying, selling or renting for use away from the premises,
any goods, materials or merchandise, and for the exterior storing of same prior to sale or rental.
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18.80.2140 OPEN SPACE
A land or water area devoid of buildings and other physical structures except where accessory to the
provision of recreation, including but not limited to benches, picnic tables and interpretive signage.
18.80.2150 OPEN SPACE, USABLE
That space which is capable of being used by the public for recreation, relaxation and social purposes.
Parking lots and perimeter landscaping are specifically excluded from this definition of usable open
space, except as allowed by §18.36.090, BMC.
18.80.2160 ORDINARY HIGH WATER MARK
The outermost line caused by water impressing on land and covering it for sufficient periods to cause
physical characteristics that distinguish the area below the line from the area above it. Characteristics of
the area below the line include, when appropriate, but are not limited to, deprivation of the soil of
substantially all terrestrial vegetation and destruction of its agricultural vegetative value. A floodplain
adjacent to surface waters is not considered to lie within the surface water’s high water marks.
18.80.2170 OVERLAY ZONE
A zone superimposed upon an underlying zone which establishes special requirements in addition to, or
in lieu of, those of the underlying zone.
18.80.2180 PARAPET
That part of the wall which extends above the roof. For the purposes of this title relating to signage, the
top of the parapet shall be considered to be the roofline.
18.80.2185 PARK
For the purposes of this title only, park means an open space, as defined in this title, under the
ownership or other legal control of the City of Bozeman which provides area for active and passive
recreational purposes.
18.80.2190 PARKING AREA
An area, other than a street or alley designated for use, or used, for temporary parking of vehicles.
18.80.2200 PARKING SPACE, OFF-STREET
A space designated for the temporary parking of a motor vehicle not on the right-of-way or alley but
accessible from a street or alley.
18.80.2210 PARTY WALL
Any wall of a building or structure which is common to two or more buildings, and which has a
minimum of one-hour fire-resistant construction as defined and regulated by the latest adopted
International Building Code.
18.80.2220 PATHWAY
A facility that accommodates the recreational and/or transportation needs of pedestrians and bicyclists,
including sidewalks, bike lanes, boulevard trails and trails.
18.80.2230 PAVED PARKING SPACE OR SURFACE
An area covered by an impervious dust free surface of asphalt or concrete designed to specifications of
the City Engineer.
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18.80.2240 PENNANT
Any lightweight plastic, fabric or other material, whether or not containing a message of any kind,
suspended from a rope, wire or string, usually in series, designed to move in the wind.
18.80.2250 PERMEABLE PAVEMENT
A paving material that permits water penetration to a soil depth of 18 inches or more. Permeable
pavement may consist of nonporous surface materials poured or laid in sections not exceeding one
square foot in an area and collectively comprising less than two-thirds of the total surface area.
18.80.2260 PERMITTED USE
A use which is lawfully established in a particular district or districts and which conforms with all
requirements, regulations and performance standards of such district. A permitted use may be a
principal use, an accessory use or a conditional use.
18.80.2270 PERSONAL AND CONVENIENCE SERVICES
Businesses offering services such as barbershops, beauty shops, tailors, shoe repair, tattooing, massage,
laundromats, laundry and dry cleaning pickup and delivery stations, and similar uses. Some production
of finished goods may occur as an activity accessory to the delivery of services.
18.80.2280 PERSONAL PROPERTY
Property, other than real property, consisting of things temporal and movable.
18.80.2290 PERSONS
Includes any individual or group of individuals, corporations, partnerships, associations or any other
organized group of persons, including state and local governments and agencies thereof.
18.80.2300 PLANNED UNIT DEVELOPMENT (PUD)
A land development project consisting of residential clusters, industrial parks, shopping centers, or
office building parks or any combination thereof that compose a planned mixture of land uses built in a
prearranged relationship to each other and having open space and community facilities in a common
ownership or use, and/or public parkland.
18.80.2310 PLANNING BOARD
The Bozeman Planning Board.
18.80.2320 PLANNING DEPARTMENT
The Bozeman Department of Planning and Community Development.
18.80.2330 PLANNING DIRECTOR
The Director of the Bozeman Department of Planning and Community Development and the person
charged with the administration of this title unless otherwise specifically noted in this title.
18.80.2340 PLAT
A graphical representation of a subdivision showing the division of land into lots, parcels, blocks,
streets, alleys, and other divisions and dedications.
18.80.2350 PLAZA
An area generally open to the public on a controlled basis and used principally for passive recreational
activities and relaxation. Plazas are paved areas typically providing amenities such as seating, drinking
and ornamental fountains, art, trees and landscaping for use by pedestrians.
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18.80.2360 POLE SIGN
A freestanding sign which is supported by a column(s) or other structural member(s) that is permanently
attached to the ground or a ground-mounted structure and provides a minimum of 8 feet of visible,
vertical clearance between the bottom of the sign and finished grade.
18.80.2370 PORTABLE SIGN
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be
transported, including, but not limited to, signs designed to be transported by means of wheels; signs
converted to A- or T-frames; balloons used as signs; umbrellas used for advertising; and signs attached
to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in
the normal day-to-day operations of the business.
18.80.2380 PRESERVATION BOARD
The Bozeman Historic Preservation Advisory Board.
18.80.2390 PRIMARY ACCESS
The major access to a subdivision. The major access generally carries the most traffic as determined by
the traffic engineering study.
18.80.2400 PRINCIPAL USE
A use or structure which determines the predominant or major use of the lot on which it is located. The
principal use shall be that use which establishes the character of the property relative to surrounding or
adjacent properties.
18.80.2410 PRIVATE STREET
A right-of-way usable by the public but maintained by a property owners association.
18.80.2420 PROJECTING SIGN
Any sign affixed to a building or wall in such a manner that its leading edge extends more than 6 inches
beyond the surface of such building or wall and is perpendicular to such building or wall.
18.80.2430 PROPER ACCESS
Either an improved public street or road, maintained by the City of Bozeman, Gallatin County or the
State of Montana; or a street or road built to the standards provided in these regulations.
18.80.2440 PROPERTY OWNER
Any person, firm, corporation or other entity shown as being the legal owner of a tract, parcel or lot in
the records of the County Clerk and Recorder.
18.80.2450 PROPERTY OWNERS ASSOCIATION
An association incorporated or not incorporated, combining individual property ownership with shared
use or ownership of common property or facilities, or shared maintenance of subdivision or
community facilities. This definition includes condominium associations.
18.80.2460 PUBLIC BUILDING
A building, supported by government funds, to be used in an official capacity on behalf of the entire
community.
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18.80.2470 PUBLIC HEALTH AND SAFETY
A condition of optimal well-being, free from danger or injury, for a community at large, not merely for
an individual or small group of persons.
18.80.2480 PUBLIC IMPROVEMENT
Any structure or facility constructed to serve the residents of a subdivision or the general public such as
parks, streets, sidewalks, curbs, gutters, street lighting, utilities and systems for water supply, sewage
disposal and drainage.
18.80.2490 PUBLIC STREET OR ROAD
A street or road for which the right-of-way has been dedicated to the public.
18.80.2500 REAL PROPERTY
Property consisting of buildings and/or land.
18.80.2510 REAR YARD
A yard extending across the full width of the lot between the two side lot lines the depth of which is the
distance required by this title between the rear property line and the rear building line.
18.80.2520 RECREATIONAL VEHICLE
A vehicular type portable structure without permanent foundation, which is built on a single chassis;
which is designed to be self-propelled or permanently towable by a light duty truck; primarily designed
as temporary living accommodation for recreational, camping and travel use and including but not
limited to travel trailers, truck campers, camping trailers and self-propelled motor homes less than 8 feet
in width and 50 feet in length.
18.80.2530 RECREATIONAL VEHICLE PARK
A plot of ground upon which two or more sites are located, established or maintained for occupancy by
the general public as temporary living quarters for travel, recreation or vacation purposes.
18.80.2540 RECREATIONAL VEHICLE SPACE
A lot for rent or lease within a recreational vehicle park designed for the placement of a single
recreational vehicle and the exclusive use of its occupants.
18.80.2550 RELOCATION
Any movement of a structure, on the same site or to another site.
18.80.2560 REPAIR
Any change not otherwise construed as light construction or an alteration, as herein defined, that
constitutes replacing broken, worn or damaged materials with like, not necessarily identical, materials
and is insignificant to the size and condition of the structure or property. Repainting and reroofing shall
be included under this definition of repair.
18.80.2570 REQUIRED FRONT BUILDING LINE
The line nearest to the front and across a lot establishing the minimum open space to be provided
between the front line of a building and the front lot line. See also definition of “setback line”.
18.80.2580 REQUIRED REAR BUILDING LINE
The line nearest to the rear and across a lot establishing the minimum open space to be provided
between the rear line of a building and the rear lot line. See also definition of “setback line”.
Ordinance # 1693: Effective March 24, 2007. page 80-28
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18.80.2590 REQUIRED SIDE BUILDING LINE
The line nearest to the side and extending between the required front building line and required rear
building line establishing the minimum open space to be provided between the side line of a building
and the side lot line. See also definition of “setback line”.
18.80.2600 REQUIRED YARD
The minimum dimension of a front, side or rear yard as established by the use regulations for each
district.
18.80.2610 RESTAURANT
Any restaurant (except a drive-in restaurant or a convenience food restaurant as defined in this chapter),
coffee shop, cafeteria, short-order café, luncheonette, sandwich stand, drugstore and soda fountain
serving food.
18.80.2620 RETAIL
The rental or sale of tangible personal property for any purpose other than for resale.
18.80.2630 RETAIL, LARGE SCALE
The sale of tangible personal property for any purpose other than for resale where the total area utilized
by a single tenant, exclusive of parking, occupies 40,000 square feet or more.
18.80.2640 REVOLVING SIGN
Any sign which all, or a portion of, may rotate either on an intermittent or constant basis.
18.80.2650 RIDGELINE
A relatively narrow elevation that is prominent because it rises at an angle of 25 percent or greater; an
elongated crest, or series of crests, with or without individual peaks, significantly higher than the
adjoining ground and often acting as the hydrologic dividing line between two or more drainage areas.
18.80.2660 RIDGELINE PROTECTION AREA
A ridgeline protection area is the area within 150 feet horizontal feet of a ridgeline, measured
perpendicular to the ridgeline when the ridgeline is:
A. Located in an area above 4,900 feet in elevation above mean sea level; and
B. When the elevation of a line parallel to the ridgeline loses either:
1. At least 10 feet in vertical elevation on both sides of the ridgeline within 100 feet; or
2. At least 30 feet in vertical elevation on both sides of the ridgeline within 300 feet.
3. A combination of the two standards where one side of the ridgeline meets one loss of
elevation standard and the opposite side meets the other.
18.80.2670 RIGHT-OF-WAY
A linear public way established or dedicated for public purposes by duly recorded plat, deed, easement,
grant, prescription, condemnation, governmental authority or by operation of the law and intended to
be occupied by a street, crosswalk, railroad, electric transmission lines, water line, sanitary sewer line,
stormsewer line or other similar uses.
18.80.2680 ROADWAY
That portion of the street or road right-of-way which is improved or is proposed to be improved to
carry traffic and provide for the on-street storage of automobiles; where curb is provided, the roadway is
measured from back-of-curb to back-of-curb.
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18.80.2690 ROOF SIGN
Any sign erected and constructed on and over the roof of a building, supported by the roof structure,
and extending vertically above any portion of the roof. Roof signs shall not include signs located on a
mansard roof if the sign is mounted vertically and integrated with the roof. For the purpose of this
chapter, architecturally integrated mansard signs and other architecturally integrated signs located below
the principal roof line shall be classified as wall signs.
18.80.2700 SCHOOL
Any 1) pre-primary, primary or grammar, public, parochial or private school or high school; 2)
preparatory school or academy, public or founded, or owned or conducted by or under the sponsorship
of a religious or charitable organization; 3) private preparatory school or academy furnishing courses of
instruction substantially equivalent to the courses offered by public high schools for preparation of
admission to college or universities which award B.A. or B.S. degrees; 4) junior college or university,
public or founded, or conducted by or under the sponsorship of a religious or charitable organization;
or 5) private school when not conducted as a commercial enterprise for the profit of individual owners
or stockholders.
18.80.2710 SCREENING
A method of visually shielding or obscuring an abutting or nearby structure or use from another
through the use of solid or nearly solid barriers (e.g., wall, fence, plantings, berms).
18.80.2720 SECURITY LIGHTING
All outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards,
parking lots and outdoor security where general illumination for safety or security of the grounds is the
primary concern.
18.80.2730 SECOND OR SUBSEQUENT FRONT YARD OR CORNER SIDE YARD
A yard on a corner lot the area of which is bounded by a line extending from the front of the principal
building (the front building line) to a point intersecting the side street right-of-way line (side lot line),
then along the side lot line to a point intersecting the rear lot line, then along the rear lot line to a point
intersecting the line formed by extending the wall of the nearest principal building paralleling the side lot
line.
18.80.2740 SETBACK
The distance from the property line to the nearest part of the applicable building, structure or sign,
measured perpendicularly to the property line.
18.80.2750 SETBACK LINE
That line that is the required minimum distance from the street right-of-way or public access easement
line or any other lot line that establishes the area within which structures must be placed, as specified in
this title.
18.80.2760 SEWER, PUBLIC
Any sanitary sewer line owned and maintained by the City, whether or not installed by the City.
18.80.2770 SHARED ACCESS
A fixed automotive and pedestrian access location from a street to two or more adjoining properties
which mutually have the right and ability to use the access, and which has been established by an
easement or other legally binding means.
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18.80.2780 SHOPPING MALL
A multi-tenant retail structure where tenants are located on both sides of a covered walkway with direct
pedestrian access to all establishments from the walkway.
18.80.2790 SIGN
Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or
writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to
communicate information of any kind to the public.
18.80.2800 SIDE YARD
A yard extending between the front building line and the rear building line, the width of which is the
least distance between the side lot line and the nearest part of the principal building.
18.80.2810 SITE PLAN
A scale drawing showing the accurate location of all structures, streets, alleys and parking areas, existing
and proposed, on subject property or any other information as may be required by this title.
18.80.2820 SMALL SCALE WIRELESS FACILITY
A wireless facility less than 25 feet in height from the base to the highest point including attachments.
Examples of supporting structures are monopoles, self supporting (lattice) towers, guy-wire supported
towers and other similar structures. When calculating the height of a facility, other structures designed
for other uses such as buildings or water towers shall not be included in the calculation. This definition
excludes those facilities meeting the definition of micro-scale wireless facility. Some illustrated examples
of locations for possible small scale wireless facilities are shown in the appendix.
18.80.2830 SMALL TREE
A tree of a species which normally reaches a height of less than 25 feet upon maturity.
18.80.2840 SOIL
A medium in which plants will grow.
18.80.2850 SPECIAL EVENT SIGN
A temporary sign which advertises special civic events and activities such as street fairs, community
festivals, parades, farmers markets and charity benefits.
18.80.2860 SQUARE
Open space that may encompass an entire block, is located at the intersection of important streets, and
is set aside for civic purposes, and consists of paved walks, lawns, trees and civic buildings.
18.80.2870 STABLE, COMMERCIAL
Any building or complex of buildings and pastures which is designed, arranged, used or intended to be
used for equestrian purposes, where less than 75 percent of the capacity is for the use of the owner or
resident of the property. A public stable is an agricultural activity.
18.80.2880 STABLE, PRIVATE
Any building located on a lot which is designed, arranged, used or intended to be used for not more
than four horses for the private use of the owner of the lot, but shall not exceed 6,000 square feet in
area.
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18.80.2890 START OF CONSTRUCTION
The commencement of clearing, grading, filling or excavating to prepare a site for construction.
18.80.2900 STEALTH, OR CAMOUFLAGED
Placement of a wireless facility in such a way that it may not be discerned as being separate from the
principal use of a site. This may be accomplished through visual screening, use of color or encasement
of the facility within an existing structure such as a steeple. A stealth installation may also include the
placement of a new structure to contain the facility so long as the new structure complies with the
height, setback and other requirements of the zoning code or is otherwise exempt from those
requirements.
18.80.2910 STREET
A right-of-way, dedicated or otherwise legally established, for public use by motorized and non-
motorized vehicles and pedestrians, usually affording the principal means of access to abutting property.
18.80.2920 STREET FRONTAGE
Any property line separating a lot from a street other than an alley; the front lot line.
18.80.2930 STREET, PUBLIC
Any street which has been dedicated to or is otherwise publicly owned. Any street not a public street
shall be deemed a private street.
18.80.2940 STREET TYPES
For the purposes of these regulations, street types are defined as follows:
A. Alley. A street used primarily for vehicular access to the rear of properties which abut and are
served by public or private streets.
B. Arterial. A street or road having the primary function of moving traffic with emphasis on a high
level of mobility for through movement and the secondary function of providing limited access
to adjacent land. Arterial streets are generally designated in the Bozeman transportation plan,
however, streets not depicted in the Bozeman transportation plan may be designated as arterials
by the City Engineer.
1. Principal Arterial. Serves the major centers of activity, the highest traffic volume
corridors, and the longest trip distances in an urbanized area. This group of streets
carries the highest proportion of the total traffic within the urban area with typical loads
of 10,000 to 35,000 vehicles per day. Most of the vehicles entering and leaving the urban
area, as well as most through traffic bypassing the central business district, utilize
principal arterials. Significant intra-area travel, such as between central business districts
and outlying residential areas, and between major suburban centers, are served by major
arterials.
2. Minor Arterial. Interconnects with and augments the urban principal arterial system. It
accommodates trips of moderate length and at a somewhat lower level of travel mobility
than principal arterials, and it distributes travel to smaller geographic areas. With an
emphasis on traffic mobility, this street network includes all arterials not classified as
principal arterials while providing access to adjacent lands. Minor arterials typically carry
5,000 to 15,000 vehicles per day.
C. Collector. A street or road that provides equal priority to the movement of traffic, and to the
access of residential, business and industrial areas. This type of roadway differs from those of
the arterial system in that the facilities on the collector system may traverse residential
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neighborhoods. The system distributes trips from the arterials to ultimate destinations. The
collector streets also collect traffic from local streets in the residential neighborhoods,
channeling it into the arterial system. Collectors typically carry 2,000 to 10,000 vehicles per day.
Collector streets are typically designated in the Bozeman transportation plan, however,
additional streets may be designated as collectors by the City Engineer.
D. Cul-de-sac. A street having only one outlet for vehicular traffic and terminating in a turnaround
area.
E. Dead-End Street. A street having only one outlet for vehicular traffic.
F. Half-Street. A portion of the width of a street, usually along the outside perimeter of a
subdivision, where the remaining portion of the street must be located on adjacent property.
G. Local Streets. A street having the primary purpose of permitting access to abutting lands and
connections to higher systems. Generally, service to higher speed traffic movements are
intentionally discouraged. They typically carry 1,000 to 3,000 vehicles per day but can carry in
excess of 6,000.
H. Loop. A local street which begins and ends on the same street, generally used for access to
properties and to control traffic access to arterials or collectors.
18.80.2950 STRUCTURE
Anything constructed or erected which requires location on the ground; and for the purposes of
floodplain review anything which may impede, retard or alter the pattern of flow of water in a
floodplain.
18.80.2960 STRUCTURAL ALTERATION
Any change in the supporting members of a building, such as bearing walls or partitions, columns,
beams or girders, or any change in the exterior walls or the roof.
18.80.2970 SUBDIVIDER
Any person, firm, corporation or other entity who causes land to be subdivided or who proposes a
subdivision of land.
18.80.2980 SUBDIVISION
A division of land or land so divided that it creates one or more parcels containing less than 160 acres
that cannot be described as a one-quarter aliquot part of a United States government section, exclusive
of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased or
otherwise conveyed, and shall include any resubdivision, and shall further include any condominium or
area, regardless of its size, that provides or will provide multiple space for recreational camping vehicles
or manufactured homes. A subdivision shall comprise only those parcels less than 160 acres that cannot
be described as a one-quarter aliquot part of a United States government section when the parcels have
been segregated from the original tract, and the plat thereof shall show all such parcels whether
contiguous or not.
18.80.2990 SUBDIVISION OR DEVELOPMENT CONSTRUCTION YARD
A temporary office and/or vehicular and material storage yard.
18.80.3000 SUBSTANTIAL DAMAGE
Damage sustained by a structure where the cost of restoring the structure to its condition before damage
would equal or exceed 50 percent of the market value of the structure before the damage occurred as
determined by Gallatin County’s last equalized assessment roll.
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18.80.3010 SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either:
A. Before the improvement or repair is started; or
B. If the structure has been damaged, and is being restored, before the damage occurred. For the
purposes of this definition, substantial improvement is considered to occur when the first
construction to any wall, ceiling, floor or other structural part of the building commences. The
term does not include:
1. Any project for improvement of a structure to comply with existing state or local health,
sanitary or safety code specifications which are solely necessary to assure safe living
conditions, or
2. Any alteration of a structure listed on the National Register of Historic Places or State
Inventory of Historic Places.
18.80.3020 SUITABLE FILL
Fill material which is stable, compacted, well-graded, pervious, generally unaffected by water and frost,
devoid of trash or similar foreign matter, devoid of tree stumps or other organic material and is fitting
for the purpose of supporting the intended use and/or permanent structure.
18.80.3030 SURVEYOR (REGISTERED LAND SURVEYOR)
A person licensed in conformance with the Montana Professional Engineers, Registration Act (§37-67-
101 through §37-67-332, MCA) to practice surveying in the State of Montana.
18.80.3040 SWAP MEET
Any permanent or temporary sales or lot where the sale or trade of goods, materials and merchandise
takes place outside any permanent structure, from within temporary structures or from vehicles and
where several sellers or traders may congregate for the purpose of selling or trading.
18.80.3050 TEMPORARY USE
A use established for a fixed period of time with the intent to discontinue such use upon the expiration
of the time period.
18.80.3060 TRANSIT STOP
Improvements and facilities at selected points along transit routes for passenger pickup, drop off and
waiting. Facilities and improvements may include shelters, benches, signs, structures and other
improvements to provide security, protection from the weather and access to nearby services.
18.80.3070 TOWNHOUSE
A dwelling unit, located on its own lot, that shares one or more common or abutting walls with one or
more dwelling units, each located on its own lot. A townhouse does not share common floors/ceilings
with other dwelling units.
18.80.3080 TOWNHOUSE CLUSTER
A building consisting of three or more noncommunicating, attached one-household units placed side by
side and/or back to back, with no unit located over another, and having a common wall between each
two adjacent dwelling units.
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18.80.3090 TRACT OF RECORD
An individual parcel of land, irrespective of ownership, that can be identified by legal description,
independent of any other parcel of land, using documents on file in the records of the County Clerk and
Recorder’s Office.
18.80.3100 UNIFORMITY RATIO
In outdoor lighting, a measure indicating how evenly light is distributed across a surface as expressed in
a ratio of one value to another, such as average to minimum, or maximum to minimum. Using ratios,
perfect uniformity would be 1:1.
18.80.3110 USE
The employment or occupation of a building, structure or land for a person’s service, benefit or
enjoyment.
18.80.3120 VARIANCE
A modification or variation of the provisions of this title as applied to a specific piece of property.
18.80.3130 VIOLATION
The failure of a structure, subdivision, use of land or other development to be fully compliant with this
title.
18.80.3140 WALL SIGN
Any sign painted on, attached to or erected against the wall of a building, structure, canopy or awning
with the exposed face of the sign parallel to the plane of said wall or structure. The sign must be
attached in a manner so that it does not extend 6 inches beyond the wall.
18.80.3150 WAREHOUSE
An enclosed building designed and used primarily for the storage of goods and materials.
18.80.3160 WATERCOURSE
Any stream, river, creek, drainage, waterway, gully, ravine or wash in which some or all of the water is
naturally occurring, such as runoff or springs, and which flows either continuously or intermittently and
has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by
reason of overflow.
In the event of a braided or other multiple channel configuration of a watercourse, the area of the
watercourse shall be that area lying between the two outermost high water marks, as defined in this title.
The term watercourse shall not be construed to mean any facility created exclusively for the conveyance
of irrigation water or stormwater. The City may consult with other agencies with expertise in this matter
when there is a question of whether a particular water body is a watercourse.
18.80.3170 WETLAND
Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. The provisions
contained in these regulations do not apply to wetlands created by a wholly man-made water source
used for irrigation purposes or stormwater control.
18.80.3180 WHOLESALE
The sale of goods and merchandise for resale instead of for direct consumption.
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18.80.3190 WILDLIFE
Animals that are neither human, domesticated, nor feral descendants of commonly domesticated
animals.
18.80.3200 WILDLIFE HABITAT
The place or type of habitat where wildlife naturally lives.
18.80.3210 WINDOW SIGN
Any sign painted, attached, glued or otherwise affixed to a window for the purpose of being visible from
the exterior of the building.
18.80.3220 WIRELESS FACILITY
An unstaffed facility for the transmission or reception of radio frequency (RF), microwave or other
signals for commercial communications purposes, typically consisting of an equipment enclosure, an
antenna support structure and one or more antennae. This definition excludes amateur radios, Essential
Services (Type I), satellite earth stations and private receive-only antennae, such as for the reception of
television signals.
18.80.3230 WRECKING YARD
A place, lot or area where the primary function is that of dismantling, storage, abandonment or sale of
goods and materials as parts or scraps.
18.80.3240 YARD
A space on the same lot with a principal building, which is open and unoccupied from the ground
upward or from the ground downward other than by steps, walks, terraces, driveways, lamp posts and
similar structures, and unobstructed by structures, except as otherwise provided in this title.
18.80.3250 ZONING COMMISSION
The Bozeman Zoning Commission.
18.80.3260 ZONING MAP
A map or maps with all notations, dimensions, references and symbols shown thereon depicting
individual zoned districts in accordance with this title.
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