HomeMy WebLinkAboutE- Packet 07-16-2007_Finally adopt Ordinance No_ 1709, Workforce Housin_14
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Ron Brey, Assistant City Manager
Chris Saunders, AICP, Assistant Director
SUBJECT: Second Reading of Ordinance 1709, Workforce Housing Revisions to Title
18, BMC
MEETING DATE: Monday, July 19, 2007
RECOMMENDATION: The City Commission adopt the amendments to Title 18 Unified
Development Ordinance as needed to coincide with the Commission’s decision on Ordinance 1710.
BACKGROUND: The City Commission previously considered a first reading of Ordinance 1709.
Certain questions were raised and some issues have been identified since then. Responses and
descriptions are provided below.
Response to Commission questions at first reading.
1) Are the lot sizes in both ordinances [Ords 1709/1710] compatible? Yes, the workforce draft
gave a lot size range which varied by household size and construction type. A minimum lot size can
not be a numeric range, it can incorporate functional requirements. Section 17.02.060 requires
workforce housing lots to meet all the requirements of Title 18 including parking, setbacks, etc.
The changes in Section 18.16.040.A initially provided for 3,000 square foot detached home lots
(now changed to 2,700 see discussion below), 2,500 square foot townhouse and attached 2-4
dwelling lots, and a 900 square foot per dwelling after the first requirement for apartments upon
which the taskforce was silent. These lot sizes are consistent with the range, but not every single
option for lot sizes. As the taskforce recommendation was for minimums [they gave no direction on
maximum sizing] the Title 18 lot size changes are compatible with Title 17.
2) Design exemption in overlays? The amended language in Sections 18.28.040.D and 18.30.070.C
of the draft as presented to the Commission does provide for the exemption. Section 17.02.030,
Ord. 1710 only applies the workforce housing standards to certain projects. The design exemption
in Section 17.02.060.A.13 only applies to architectural designs provided through the City. It is very
unlikely that a large enough project would ever be developed in the conservation overlay district to
trigger compliance (minimum of 10 lots to require compliance). In the event that it did, it would
probably be an apartment complex or other larger building that was a custom design, and therefore
not provided through the City. Individual detached homes are already exempt from design review
in the entryway overlay. As a result of these factors it is a very remote possibility that any
workforce housing would ever utilize the exemption.
3 ) Are the RSL’s gone? They are not. When the Commission initially considered the CAHAB
proposal on July 31, 2006, which suggested the removal of RSL requirements, the Planning Board
and Zoning Commission had recommended and the Commission directed [minute mark 2:56:49]
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that RSL’s not be deleted. The taskforce did not suggest the removal of RSL requirements in their
draft. The Planning Board and Zoning Commission considered the RSL’s a bridge between the
price restricted workforce housing requirements and the unrestricted market lots.
Changes between 1st and 2nd reading.
A) Table 16-2, Lot Area, was changed to allow lot sizes of 2,700 square feet for detached homes.
The housing type table in Section 17.02.050 calls for a range of smaller allowed lot size, however
Ordinance 1710 also requires compliance with all standards of Title 18. These standards include
those for block sizing and others where a lot of 2,500 square feet may not be achievable. The 2,700
foot lot size is approximately the mid-point in the suggested range of lot sizes and also allows for a
200 foot deep block, 20 foot alley, and 90 foot deep lots. The Commission may direct the use of a
smaller lot size at this time and the design of subdivision blocks would have to change to
accommodate, likely with “end cap” lots on blocks a practice which has been discouraged by the
Commission in the past. There is also provided a cross reference and note that compliance with
17.02.050 may require a larger than minimum lot size.
B) Table 16-2, Lot Area, clarified that the reduced size lots are only available to the homes needed
to provide minimum compliance with Chapter 17.02.
C) Section 18.50.020, Park Area and Open Space Requirements, was changed to:
1. Clarify that density bonus units are not subject to parkland dedication requirements.
2. Clarify that the work force housing park dedication reductions can not cause a
subdivision to provide less than the minimum amount of parkland required by Section 76-3-
621 of state law.
3. Clarify that the 1:1 reduction in park land dedication is only for the minimum amount of
area required to provide the minimum number of work force housing units to comply with
Chapter 17.02 as proposed in Ordinance 1710.
The major edits to Title 18 are summarized as follows:
Chapter 18.02 General Provisions - include affordable housing as a purpose of the City’s land
use regulations, prohibit covenants which preclude compliance with the affordable housing
requirements;
Chapter 18.16 Residential Zoning Districts - reduce lot area and width requirements and increase
the percentage of lot coverage allowed for qualifying housing; add townhomes as allowed uses in
the R-1, R-S, and RMH zoning districts only when needed to comply with Chapter 17.02;
Chapter 18.24 Northeast Historic Mixed Use - change lot width and area requirements for
qualifying housing in district;
Chapter 18.34 Site Plan - add compliance with affordable housing requirements to the site plan
review criteria;
Chapter 18.36 Planned Unit Development - amend the design objectives and criteria for Planned
Unit Developments to establish relationship between performance based affordable housing and
minimum compliance with Chapter 17.02 housing;
Section 18.42.030 Lots - amend required lot length to width ratios;
Chapter 18.50 Park and Recreation Requirements - revise parkland requirements to allow
reductions in the amount of land required to be dedicated for parks proportionally with the amount
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of land provided for affordable housing and restricting certain housing from requirements for
parkland dedication;
Chapter 18.72 Supplementary Documents - restrict private covenants from containing provisions
which impede the ability to comply with affordable housing requirements;
Chapter 18.78 Submittal Materials and Requirements - establish submittal requirements for
subdivision and site plan applications to demonstrate compliance with affordable housing
requirements;
Add advisory cross references regarding applicability of affordable housing requirements in
relevant locations throughout Title 18.
UNRESOLVED ISSUES:
1) Are the amendments as depicted consistent with Ordinance 1710 and any revisions made by
the Commission.
2) Does the Commission wish to adopt the amendments as depicted in the exhibit text of
Ordinance 1709 with or without changes.
3) The task force proposal is silent on the option of having the reduced lot size for an
affordable home and then being able to add an Accessory Dwelling Unit. The Ordinance
1709 as written does not allow for ADUs on affordable housing lots in the R-S and R-1
district but does in other residential zoning districts.. Does the Commission wish to allow or
prohibit ADUs on the reduced size lots?
4) The task force proposal was silent on the ability of a developer to use the reduced lot sizes
for more than the minimum number of homes to comply with proposed Chapter 17.02. The
ordinance as currently written would not allow more than the minimum number of homes to
be proposed on the reduced sized lots and only if the development were required to comply
with Chapter 17.02. This limits the ability to use the reduced size lots within existing
developed neighborhoods. Does the Commission wish to allow or prohibit provision of
more than the minimum number of lots/dwellings required by proposed Chapter 17.02.
FISCAL EFFECTS: Fiscal effects identified with Ordinance 1709 are unquantified but would
reflect changes in revenues and expenses related to parks and provision of services from additional
density.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Chris Saunders at csaunders@bozeman.net if you have any questions
prior to the public meeting.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
Attachments: Second Reading Draft of Ordinance 1709 (includes all amended text as exhibits)
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ORDINANCE NO. 1709
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING
TITLE 18 TO PROVIDE FOR STANDARDS SUPPORTING THE PROVISIONS OF AND
COORDINATED WITH CHAPTER 17.02, BMC, WORKFORCE HOUSING.
WHEREAS, Bozeman has had a shortage of affordable housing for very low to moderate income
households for some time; and,
WHEREAS, Bozeman is the only major community in the State of Montana without a Housing
authority; and,
WHEREAS, start up funding for Housing Authorities has not been available for many years making
innovative program and regulatory approaches, with public and private cooperation, necessary to
address the shortage of affordable housing; and,
WHEREAS, Bozeman has attempted innovative approaches to address this shortage over the years,
including:
• 1979-1982 - a VISTA project to organize low income tenants of Legion Housing;
• 1985-1986 - establishment of the City’s first Low-Income Housing committee and employment
of a part-time housing consultant to staff it;
• 1985-1986 - establishment of the first rental rehabilitation Community Development Block
Grant program in Montana;
• 1993-1994 - establishment of an Affordable Housing Task Force;
• 1993-1994 - implementation of two Affordable Housing Task Force recommendations -
committing $200,000 from the General fund to establish an Affordable Housing Fund and
adopting an Accessory Dwelling Unit Ordinance; played a role in the Human Resources
Development Council Land Trust from support letters to grant applications to commitment of
City funds through loans or grants;
• 1994 on - adoption of regulatory and process reforms including the allowance of accessory
dwelling units, restricted size lot requirements, reduced size street standards, reduced setbacks,
reduction in minimum apartment size, reduction in affordable housing parking requirement, and
other process streamlining measures designed to reduce the cost of supplying affordable housing;
• 2000 on - used a portion of Big Box economic impact mitigation fees for assistance with the
provision of affordable housing;
• 2002 - authorized the Community Affordable Housing Advisory board to work with a housing
consultant and the MSU marketing department to document housing needs and recommend
strategies for meeting those needs on an ongoing basis;
• 2003 - adopted broad affordable housing strategies recommended by CAHAB and community
panels.
• 2005 - committed a mill to the Affordable Housing Fund;
• 2006 - committed two mills to the Affordable Housing fund; and,
Whereas, these efforts have not succeeded in providing an adequate amount of affordable housing in the
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community; and,
Whereas, this shortage of affordable housing impacts households making from 80% to 120% of the
Area Median Income.
Whereas, the implementation of proposed Chapter 17.02 of the Bozeman Municipal Code requires
revisions to the City’s landuse regulations which are adopted through its zoning powers; and
Whereas, public notice was provided of a public hearing conducted before the Zoning Commission to
consider amendments to Title 18, Unified Development Ordinance to accommodate provision of
affordable housing in compliance with Chapter 17.02, BMC; and
Whereas, the Zoning Commission conducted its public hearing on June 5, 2006 and made
recommendation to the City Commission regarding revisions to Title 18, Unified Development
Ordinance; and
Whereas, the City Commission received the recommendation of the Zoning Commission as part of its
public hearing conducted on July 18, 2007; and
Whereas, the City Commission has concluded that the revisions are in the best interests of the citizens
and City of Bozeman.
NOW, THEREFORE, BE IT ORDAINED BY THE BOZEMAN CITY COMMISSION:
Section 1
That Chapter 18.02 of the Bozeman Municipal Code be amended so that it reads:
See Exhibit A
Section 2
That Chapter 18.16 of the Bozeman Municipal Code be amended so that it reads:
See Exhibit B
Section 3
That Chapter 18.18 of the Bozeman Municipal Code be amended so that it reads:
See Exhibit C
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102
Section 4
That Chapter 18.19 of the Bozeman Municipal Code be amended so that it reads:
See Exhibit D
Section 5
That Chapter 18.20 of the Bozeman Municipal Code be amended so that it reads:
See Exhibit E
Section 6
That Chapter 18.24 of the Bozeman Municipal Code be amended so that it reads:
See Exhibit F
Section 7
That Chapter 18.28 of the Bozeman Municipal Code be amended so that it reads:
See Exhibit G
Section 8
That Chapter 18.30 of the Bozeman Municipal Code be amended so that it reads:
See Exhibit H
Section 9
That Chapter 18.34 of the Bozeman Municipal Code be amended so that it reads:
See Exhibit I
Section 10
That Chapter 18.36 of the Bozeman Municipal Code be amended so that it reads:
See Exhibit J
Section 11
That Chapter 18.40 of the Bozeman Municipal Code be amended so that it reads:
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103
See Exhibit K
Section 12
That Chapter 18.42 of the Bozeman Municipal Code be amended so that it reads:
See Exhibit L
Section 13
That Chapter 18.50 of the Bozeman Municipal Code be amended so that it reads:
See Exhibit M
Section 14
That Chapter 18.72 of the Bozeman Municipal Code be amended so that it reads:
See Exhibit N
Section 15
That Chapter 18.78 of the Bozeman Municipal Code be amended so that it reads:
See Exhibit O
Section 16
Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
Section 17
Savings Provision. This ordinance does not affect the rights and duties that matured,
penalties that were incurred or proceedings that were begun before the effective date of this ordinance.
Section 18
Severability. If any portion of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which
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104
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may be given effect without the invalid provisions or application and, to this end, the provisions of this
ordinance are declared to be severable.
Section 19
Effective Date. This ordinance shall be in full force and effect on the ____ day of
_______________, 2007.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the ____ day of _______________, 2007.
_________________________________________
JEFF KRAUSS, Mayor
ATTEST:
_____________________________________
BRIT FONTENOT
City Clerk
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the ________ day of ________________, 2007.
_________________________________________
JEFF KRAUSS, Mayor
ATTEST:
_____________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
105
Exhibit A
Ordinance # 1709: Effective August 2, 2007. page 02-1
CHAPTER 18.02
GENERAL PROVISIONS
18.02.010 CITATION
This title shall be known and cited as the Unified Development Ordinance of the City of Bozeman,
except when cited herein, where it shall be referred to as “this title.”
18.02.020 AUTHORITY
This title is adopted by authority of §76-2-301 et seq., §76-3-101 et seq. and §7-3-701 et seq., MCA.
Additional City authority is granted by various other sections of state law and the authority granted by
those sections is incorporated as if set forth herein.
18.02.030 JURISDICTIONAL AREA AND APPLICATION
These regulations govern the division, development and use of land within the limits of the City of
Bozeman and lands proposed for annexation to the City of Bozeman. These regulations shall apply to all
private and public lands, all uses thereon, and all structures and buildings over which the City has
jurisdiction under the constitution and laws of the State of Montana or pursuant to the City’s powers.
18.02.040 INTENT AND PURPOSE OF ORDINANCE
A. The intent of this unified development ordinance is to protect the public health, safety and
general welfare; to recognize and balance the various rights and responsibilities relating to land
ownership, use, and development identified in the United States and State of Montana
constitutions, and statutory and common law; to implement the City’s adopted growth policy;
and to meet the requirements of state law.
B. It is the purpose of these regulations to promote the public health, safety and general welfare by:
preventing the creation of private or public nuisances caused by non-compliance with the
standards and procedures of this title; require the provision of affordable housing, 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;
106
Exhibit A
Ordinance # 1709: Effective August 2, 2007. page 02-2
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
107
Exhibit A
Ordinance # 1709: Effective August 2, 2007. page 02-3
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 or compliance with the provisions of this title. Covenants are subject to the
requirements of §18.72.030, BMC.
108
Exhibit A
Ordinance # 1709: Effective August 2, 2007. page 02-4
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.
109
Exhibit B
Ordinance # 1709: Effective August 2, 2007. page 16-1
CHAPTER 18.16
RESIDENTIAL ZONING DISTRICTS
18.16.010 INTENT AND PURPOSE OF RESIDENTIAL ZONING DISTRICTS
The intent and purpose of the residential zoning districts is to establish areas within Bozeman that are
primarily residential in character and to set forth certain minimum standards for development within
those areas. The purpose in having more than one residential district is to provide opportunities for a
variety of housing types and arrangements within the community while providing a basic level of
predictability. There is a rebuttable presumption that the uses set forth for each district will be
compatible with each other when the standards of this title are met and any applicable conditions of
approval have been satisfied. Additional requirements for development apply within overlay districts. All
development is subject to §18.02.050, BMC.
A. The intent and purpose of the R-S, Residential Suburban, district is to allow open space,
resource protection and primarily single-household development in circumstances where
environmental constraints limit the desirable density. All new subdivision and site plan
developments in this district shall be subject to the provisions of Chapter 18.36, BMC, Planned
Unit Development, and shall be developed in compliance with the adopted Bozeman growth
policy.
B. The intent of the R-1, Residential Single-household, Low Density district is to provide for
primarily single-household residential development and related uses within the City at urban
densities, and to provide for such community facilities and services as will serve the area’s
residents while respecting the residential character and quality of the area.
C. The intent of the R-2, Residential Two-household, Medium Density district is to provide for
one- and two-household residential development at urban densities within the City in areas that
present few or no development constraints, and for community facilities to serve such
development while respecting the residential quality and nature of the area.
D. The intent of the R-3, Residential Medium Density, district is to provide for the development of
one- to five-household residential structures near service facilities within the City. It should
provide for a variety of housing types to serve the varied needs of households of different size,
age and character, while reducing the adverse effect of nonresidential uses.
E. The intent of the R-4, Residential High Density district is to provide for high-density residential
development through a variety of housing types within the City with associated service
functions. This will provide for a variety of compatible housing types to serve the varying needs
of the community’s residents. 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.
110
Exhibit B
Ordinance # 1709: Effective August 2, 2007. page 16-2
G. The intent of the RMH, Residential Manufactured Home Community district is to provide for
manufactured home community development and directly related complementary uses within
the City at a density and character compatible with adjacent development. The district is
intended to be residential in character and consistent with the standards for other forms of
residential development permitted by this title.
18.16.020 AUTHORIZED USES
A. Uses in the various residential districts are depicted in the table below. Principal uses are
indicated with a “P”, conditional uses are indicated with a “C”, accessory uses are indicated with
an “A” and uses which are not permitted with the district are indicated by a “-”.
B. Additional uses for telecommunication uses are contained in Chapter 18.54, BMC.
Table 16-1
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Accessory dwelling 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 -
111
Exhibit B
Ordinance # 1709: Effective August 2, 2007. page 16-3
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Home based businesses5 A/C A/C A/C A/C A/C A/C A/C
Lodging houses - - - C P P -
Offices - - - - C3 P -
Other buildings and structures typically accessory
to authorized uses A A A A A A A
Private garages A A A A A A A
Private or jointly owned 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) P7- P7- P P P P P7-
Townhouses (five attached units or less) - - - P6 P P -
Townhouses (more than five attached units) - - - - P P -
Tool sheds for storage of domestic supplies A A A A A A A
Uses approved as part of a PUD per Chapter
18.36, BMC C C C C C C C
Veterinary uses C - - - - - -
Notes:
1Manufactured homes are subject to the standards of §18.40.130, BMC.
2Agricultural uses includes barns and animal shelters, and the keeping of animals and fowl, together with their dependent young, as hereinafter set
forth per 2.5 acres: one horse or one cow; two sheep or two goats; ten rabbits; thirty-six fowl (chickens, pheasants, pigeons, etc.) or six larger fowl
(ducks, geese, turkeys, etc.). For larger parcels the Planning Director may determine that a larger number of livestock is consistent with the
requirements of this section.
3Only when in conjunction with dwellings.
112
Exhibit B
Ordinance # 1709: Effective August 2, 2007. page 16-4
4Storage for more than three recreational vehicles or boats.
5Home based businesses are subject to the terms and thresholds of §18.40.110, BMC.
6In the R-3 district, townhouse groups shall not exceed 120 feet in total width
7In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of Title 17, Chapter 2, BMC,
Affordable Housing. May only be utilized in developments subject to Chapter 17.02,
18.16.030 LOT COVERAGE AND FLOOR AREA
A. Maximum lot coverage by principal and accessory buildings shall be:
1. For newly created lots in the R-S district, determined through the PUD review
procedures set forth in Chapter 18.36, BMC, in compliance with the adopted Bozeman
growth policy.
a. For existing lots in the R-S district, not more than 25 percent of the lot area shall
be covered by principal and accessory buildings.
2. Not more than 40 percent of the lot area in the R-1, R-2, R-3 and RMH districts.
3. Not more than 50 percent in the R-4 district.
4. Not more than 40 percent for residential uses or 60 percent for nonresidential or mixed
uses in the R-O district.
5. In all residential zoning districts for those lots used to satisfy the requirements of
Chapter 17.02 BMC not more than 60 percent of the lot area shall be covered by
principal and accessory buildings. When a larger lot has a portion of its total dwellings
subject to the requirements of Chapter 17.02, BMC, either directly or inherited from an
previous subdivision, the portion used for those dwellings may have up to 60 percent of
the lot area covered by principal and accessory buildings.
B. Minimum floor area requirements for each dwelling in all districts shall be that area required by
the City’s adopted International Building Code.
C. The total floor area of the unit built on a lot subject to the provisions of §18.42.180, Provision
of Affordable HousingRestricted Size Lots and Units, (excluding area used for a garage) shall not
exceed a floor area ratio of 1:3.3. For example, if the lot is 5,000 square feet the square footage
of the house can not exceed 1,515, or a ratio of 1 square foot of floor area for each 3.3 square
feet of lot area.
18.16.040 LOT AREA AND WIDTH
A. All lots shall have a minimum area as set forth in the table below and are cumulative. These
minimums assume a lack of development constraints:
Table 16-2
Lot Area Table 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
Single-household dwelling (only for dwellings to
satisfy minimum requirements of Chapter 17.02,
BMC)7
2,7008 2,7008 2,7008 2,7008 2,7008 2,7008 2,7008
Two-household dwelling - - 6,000 6,000 6,000 6,000 -
Two-household dwelling (only for dwellings to
satisfy minimum requirements of Chapter 17.02,
BMC)7
- - 2,500 2,500 2,500 2,500 -
113
Exhibit B
Ordinance # 1709: Effective August 2, 2007. page 16-5
Lot Area Table Minimum Lot Area in Square Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Lot area per dwelling in three- or four-household
dwelling configurations - - - 3,000 3,000 3,000 -
Lot area per dwelling in three- or four-household
dwelling configurations (only for dwellings to
satisfy minimum requirements of Chapter 17.02,
BMC)7
- - - 2,500 2,500 2,500 -
Townhouses - - 3,0006 3,0002 3,0002 3,0002 -
Townhouses (only for dwellings to satisfy
minimum requirements of Chapter 17.02, BMC) 7 2,500 2,500 2,500 2,500 2,500 2,500 2,500
Apartments - first dwelling - - - - 5,000 5,000 -
Apartments - each dwelling after the first - - - - 1,200 1,200 -
Apartments - each dwelling after the first (only for
dwellings to satisfy minimum requirements of
Chapter 17.02, BMC) 7
- - - - 900 900 -
Additional area required for an accessory dwelling
unit3 1,0004 1,000 1,0005 1,0005 1,0005 1,0005 -
All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001
Notes:
1In order to comply with the standards contained in Title 18, lot area in excess of the required minimum may be needed; for example for corner lots,
parking, landscaping or large residential structures, and may be necessary for property adjacent to watercourses, ridgelines, or other environmental
features in order to provide an appropriate buildable area on the lot.
2For townhouse clusters the minimum average lot area per dwelling in an individual structure shall be 3,000 square feet.
3As defined in Chapter 18.80, BMC and subject to the requirements of Chapter 18.40, BMC.
4Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
5Second dwellings in accessory buildings are subject to all restrictions in this title relating to accessory buildings. Lot area and width shall be provided
as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to §18.40.030, BMC.
6Per townhouse lot.
7May only be utilized in developments subject to Chapter 17.02, BMC.
8 A larger lot size may be required to comply with the requirements of Section 17.02.050, table Mix and Price of Dwelling Units
B. All lots shall have a minimum width as set forth in the table below. These minimums assume a
lack of development constraints
Table 16-3
Lot Width Table Minimum Lot Width in Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling See Paragraph C below 50 50 50 50 50 50
Single-household dwelling (only for
dwellings to satisfy requirements of
Chapter 17.02, BMC)
See Paragraph C
below 30 30 30 30 30 30
Two household dwelling - - 60 60 50 50 -
Accessory dwelling unit1 50 50 60 60 60 60 -
114
Exhibit B
Ordinance # 1709: Effective August 2, 2007. page 16-6
Dwellings in three- or four-household
dwelling configurations - - - 60 60 60 -
Townhouses -30 -30 30 Width of
interior units
Width of
interior units
Width of
interior units -
All other uses See Paragraph C below 50 50 50 50 50 50
Notes:
1Second dwellings in accessory buildings are subject to all restrictions in this title relating to accessory buildings. Lot area and width shall be provided
as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to §18.40.030, BMC.
C. Lot Area and Width for R-S, Residential Suburban Lots.
1. Lot area and width for newly created lots in R-S districts shall be determined through the
PUD review procedures set forth in Chapter 18.36, BMC and in compliance with the
adopted Bozeman growth policy. Unless otherwise approved through the planned unit
development process, the average lot size shall be one acre.
2. Existing lots in the R-S district not utilizing a community water and/or sewer system
shall be considered nonconforming lots if less than one acre in area and/or 100 feet in
width and subject to Chapter 18.66, BMC. Existing lots in the R-S district utilizing a
community water and/or sewer system shall be considered nonconforming lots if less
than one-half acre in area and/or 100 feet in width and subject to Chapter 18.60, BMC.
D. Lot area and width may be reduced to allow a density bonus through the PUD process. Amount
of a bonus, methodology for calculating the bonus, and standards for allowing a bonus are
described in §18.36.090.E.2.b(6), BMC.
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
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
115
Exhibit B
Ordinance # 1709: Effective August 2, 2007. page 16-7
2. Minimum yard requirements for newly created R-S lots shall be determined through the
PUD review process.
3. All pens, coops, barns, stables or permanent corrals shall be set back not less than 100
feet from any residence or public road and not less than 50 feet from any property line.
C. When a lot has 1 or more principal buildings which are oriented to place the functional rear of a
building adjacent to a side lot line a setback from the property line equal to that for a rear yard
shall be provided.
D All yards are subject to the provisions of §18.30.060, §18.38.060, §18.42.100, §18.44.100 and
§18.48.100, BMC.
18.16.060 BUILDING HEIGHT
Maximum building height for each residential district shall be as follows:
Table 16-4
Residential Building Height Table Maximum Building Height in Feet
Roof Pitch in Feet R-S R-1 R-2 R-3 R-4 R-O RMH
Less than 3:12 24 24 24 32 34 34 24
3:12 or greater but less than 6:12 30 28 28 38 38 38 28
6:12 or greater but less than 9:12 34 32 32 40 42 42 32
Equal to or greater than 9:12 38 36 36 42 44 44 36
18.16.070 RESIDENTIAL GARAGES
Attached residential garages shall not obscure the entrance to the dwelling. Attached garages are
required to be clearly subordinate to the dwelling. A subordinate garage has two or more of the
following characteristics:
A. The principal facade of the dwelling has been emphasized through the use of architectural
features such as, but not limited to, porches, fenestration treatment, architectural details, height,
orientation or gables, so that the non-garage portion of the residence is visually dominant;
B. The facade with the garage vehicle entrance(s) is recessed at least 4 feet behind the facade of the
dwelling containing the main entry; and/or
C. The area of the garage vehicle door(s) comprise 30 percent or less of the total square footage,
exclusive of any exposed roof areas, of the principal facade of the dwelling. Principal façade shall
include all wall areas parallel to the garage door(s).
Alternative means of addressing the intent of this section will be considered. Detached garages are
encouraged when they are compatible with the existing neighborhood development pattern. Vehicular
garage access on non-principal facades and/or alleys is also encouraged.
18.16.080 ADDITIONAL RMH DISTRICT PERFORMANCE STANDARDS
Development of any parcel of land within the RMH district shall be subject to all applicable
requirements of Chapter 18.40, BMC, Standards for Specific Uses and Chapter 18.42, BMC,
Development Standards, including, but not limited to, fences, parking, signs, landscaping and home
occupations. In addition, manufactured home communities will be subject to the following general
requirements:
A. Minimum Area for Manufactured Home Community District.
116
Exhibit B
Ordinance # 1709: Effective August 2, 2007. page 16-8
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.
117
Exhibit C
Ordinance # 1709: Effective August 2, 2007. page 18-1
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.
118
Exhibit C
Ordinance # 1709: Effective August 2, 2007. page 18-2
Table 18-1
Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
Ambulance service - P P
Apartments and Apartment buildings6, 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
119
Exhibit C
Ordinance # 1709: Effective August 2, 2007. page 18-3
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 P3
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 P5 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.
120
Exhibit C
Ordinance # 1709: Effective August 2, 2007. page 18-4
6May be subject to the provisions of Chapter 17.02, BMC
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.
121
Exhibit C
Ordinance # 1709: Effective August 2, 2007. page 18-5
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
122
Exhibit D
Ordinance #1681 and 1709: Effective August 3 and 2, 2007 page 19-1
CHAPTER 18.19
URBAN MIXED-USE ZONING DISTRICT
18.19.010 INTENT AND PURPOSE OF URBAN MIXED-USE ZONING DISTRICT.
The intent and purposes of the Urban Mixed-Use (“UMU”) district is to establish areas within Bozeman that
are mixed-use in character, and to set forth certain minimum standards for development within those areas
which encourage vertical mixed-use development with high density. The purpose in having an urban
mixed-use district is to provide options for a variety of employment, retail and community service
opportunities within the community, with incorporated opportunity for some residential uses, while
providing predictability to landowners and residents in uses and standards. There is a rebuttable
presumption that the uses set forth for each district will be compatible both within the individual districts
and to adjoining zoning districts when the standards of Title 18 are met and any applicable conditions of
approval have been satisfied. Additional requirements for development apply within overlay districts.
A. It is the further the intent of this district to:
1. Allow a mixture of complimentary land uses which encourages mixed-uses on individual
floors including, but not limited to, retail, offices, commercial services, restaurants, bars,
hotels, recreation and civic uses, and housing, to create economic and social vitality and to
encourage the linking of trips;
2. Foster the development of vertically oriented mixed-uses, in contrast to single use
development distributed along high vehicle capacity roadways;
3. Encourage development that exhibits the physical design characteristics of vibrant, urban,
pedestrian-oriented, storefront-style shopping streets with pedestrian amenities;
4. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to
pedestrians;
5. Provide flexibility in the siting and design of new developments and redevelopment to
anticipate changes in the marketplace;
6. Reinforce the principle of streets as public places that encourage pedestrian and bicycle
travel, and on-street parking;
7. Provide roadway and pedestrian connections to residential areas;
8. Provide transitions between high-traffic streets and adjacent residential neighborhoods;
9. Encourage efficient land use by facilitating compact, high-density, multi-story development
and minimizing the amount of land that is needed for surface parking;
10. Facilitate development (land use mix, density and design) that supports public transit, where
applicable;
11. Provide appropriate locations and design standards for automobile and truck-dependent
uses;
12. Maintain mobility along traffic corridors while supporting the creation of “places” or centers
which will create lasting and enduring, long-term value to the community;
123
Exhibit D
Ordinance #1681 and 1709: Effective August 3 and 2, 2007 page 19-2
13. Emphasize the need to serve the adjacent, local neighborhood and also the greater Bozeman
area as well;
14. Minimize parking lots through shared uses of mixed-uses;
15. Create central urban gathering places such as community squares or plazas; and
16. Facilitate designs of each mixed-use to help ensure long-term financial viability of each
mixed-use;
17. Allow for urban oriented recreational activities consistent with the standards and intent of
the district; and
18. To encourage and support the use of sustainable building practices.
B. To accomplish the intent of the district, the UMU district should ideally be located at the
intersections of major traffic corridors, that is at the intersections of two arterials, or less frequently,
an arterial and a collector street. The major intersections should have or be planned to have a stop
light or other active traffic control. While placement at major intersections is a necessary
precondition, not all major intersections should have the UMU district adjacent to them.
Additionally, placement of this district should be adjacent or near to dense residential development
to enhance walking and bicycle use.
18.19.020 AUTHORIZED USES.
A. Uses in the Urban Mixed-Use district 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.
D. Mixed Uses Required And Limited.
1. Development shall include a mix of uses.
2. Uses shall be grouped as commercial, industrial, offices, institutional, and residential. A
combination of at least two different groups of uses shall be provided within each site plan.
3. No use group shall exceed 70% of the total gross building floor area in the entire site
development, multiple buildings may be shown on a single site plan as allowed in Chapter
18.34.
4. The ground level gross building area shall be at least 75% non-residential in use.
5. Residential uses shall be provided in all mixed-use developments, and shall occupy not less
than 20% of the total gross building floor area of the district.
6. For the purposes of calculating the percentage of a use within the site development the
gross square foot floor area of building for each use shall be utilized.
124
Exhibit D
Ordinance #1681 and 1709: Effective August 3 and 2, 2007 page 19-3
TABLE 19-1
TABLE OF COMMERCIAL USES AUTHORIZED USES
Ambulance Service P
Apartments and Apartment Buildings1 (as defined in this Title) P
Arts and Entertainment Center (as defined in this Title) P
Assisted Living/Elderly Care Facilities P
Automobile Fuel Sales or Repair (as defined in this Title) C
Automobile Parking Lot or Garage (public or private) P
Automobile Washing Establishment C
Banks and Other Financial Institutions P
Business, Technical or Vocational School P
Bus Terminals C
Community Centers P
Convenience Uses C
Convenience Use Restaurant P
Essential Services (Type II) C
Extended-Stay Lodgings P
Health and Exercise Establishments P
Hospitals P
Hotel or Motel P
Laboratories, Research and Diagnostic P
Laundry, Dry Cleaning P
Light Goods Repair (as defined in this Title) P
Lodging Houses P
Manufacturing (light and completely indoors) P
Mortuary C
Museum P
Medical and Dental Clinics P
125
Exhibit D
Ordinance #1681 and 1709: Effective August 3 and 2, 2007 page 19-4
TABLE OF COMMERCIAL USES AUTHORIZED USES
Meeting Hall P
Offices (as defined in this Title) P
Other Buildings & Structures (typically accessory to permitted uses) A
Parking Facilities P
Personal and Convenience Services (as defined in this Title) P
Pet Grooming Shop P
Printing Offices and Publishing Establishments C
Private Club, Fraternity, Sorority or Lodge P
Public Buildings P
Refuse and Recycling Containers A
Research Laboratories P
Restaurants P
Retail Uses (as defined in this Title) P*
Retail (large scale) C
Sales of Alcohol for On-Premise Consumption – No gaming allowed C
Sign Paint Shops (not including neon sign fabrication) C
Upholstery Shops (excluding onsite upholstery service for cars, boats,
trailers, trucks and other motorized vehicles requiring overnight storage) P
Veterinary Clinic P
Wholesale Distributors With On-Premise Retail Outlets (providing
warehousing is limited to commodities which are sold on the premises) P
Wholesale Establishments (ones that use samples, but do not stock on
premises) P
Any Use, Except Adult Businesses and Casinos Approved as Part of a
Planned Unit Development Subject to the Provisions of Chapter 18.36,
BMC
C
Notes: *Excluding adult business, and large scale retail, as they are defined
in Chapter 18.80, BMC -
1 May be subject to the provisions of Chapter 17.02, BMC.
18.19.030 LOT COVERAGE AND FLOOR AREA.
A. In the UMU district, the entire lot, exclusive of the required yards and parking, may be occupied by
the principal and accessory buildings. This 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 UMU district, the footprint of individual buildings shall not exceed 45,000 square feet.
126
Exhibit D
Ordinance #1681 and 1709: Effective August 3 and 2, 2007 page 19-5
C. Minimum floor area requirements for each dwelling in all districts shall be that area required by the
City’s adopted International Building Code.
D. All development shall provide a minimum floor area ratio of not less than 0.75. “Floor area ratio” is
the ratio attained by dividing the gross square feet of building by gross land area of the lot(s) being
developed. A site plan for development may show future phases of buildings to be used to
demonstrate compliance with the minimum floor area ratio standard.
18.19.040 LOT AREA AND WIDTH.
A. All newly created lots shall have a minimum area adequate to provide for required yards and parking.
In the UMU district there is no minimum size for newly created lots.
B. There is no minimum width for newly created lots within the UMU district.
18.19.050 YARDS.
A. Minimum Yards. No minimum yards are required for the mixed-use district. Easements for utilities
or other special standards may require buildings to be placed back from lot lines.
B. Maximum Setback. Buildings shall be oriented to the adjacent street. At least 50% of the total
building frontage, which is oriented to the street, shall be placed within 10 feet of any minimum
required separation from the property line.
C. Special Yard Requirements. All yards shall be subject to the provisions of §18.30.060 Design Criteria
and Development Standards in Entryway Corridors, §18.38.060 Yard and Height Encroachments,
Limitations and Exceptions, §18.42.100 Watercourse Setback, §18.44.100 Street Vision Triangle, and
§18.48.100 General Maintenance, BMC, when applicable.
18.19.060 BUILDING HEIGHT.
A. Minimum building height is three stories and 32 feet. To comply with this standard the space being
claimed as a story must be capable of being occupied for human use and have a floor area of not less
than 50% of the ground level story.
B. Maximum building height, except as allowed under §18.19.060.C, BMC for the UMU district shall
be 55 feet.
C. Maximum building height may be increased by up to but not more than an additional 25 feet when
structured parking is provided per §18.19.070.E.2, BMC and when determined to be in compliance
with the review criteria of §18.34.090, BMC.
18.19.070 SPECIAL STANDARDS.
A. A UMU district is anticipated to generally be not less than 20 acres in area. The City Commission
may approve a lesser area of not less than 10 acres upon finding; that a smaller area will still provide
for adequate transition between adjacent districts, provide a reasonable community setting for the
intensity of the district, and that a smaller area will not constitute spot zoning.
B. The district shall be surrounded by perimeter streets unless precluded by topography.
C. All development within the Urban Mixed-Use district, regardless of location within the City, shall
conform to Chapters 1 through 4 of the Design Objectives Plan established in Chapter 18.30. In the
event of a conflict between the Design Objectives Plan and the standards of this chapter the
standards of this chapter shall govern.
127
Exhibit D
Ordinance #1681 and 1709: Effective August 3 and 2, 2007 page 19-6
D. Landscaping requirements shall be the same as the portion of the B-3 district outside the defined
core area as shown in §18.48.060, Table 48-1, BMC.
E. Special Parking Standards.
1. Maximum Surface Parking.
a. In order to achieve the intent of the district and achieve efficiency in the use of land,
surface parking provided for the sole use of an individual development shall not
exceed 100% of the minimum parking requirement for the subject land use(s) based
upon the requirements of Chapter 18.46, BMC. The UMU district may utilize the
parking reductions authorized in §18.46.040.B.3.a, BMC. In determining the 100%
requirement all qualifying reductions shall be included.
b. Exemptions to §18.19.070.D.1.a, BMC to allow unstructured surface parking up to
100% of the minimum parking requirement exclusive of reductions may be
approved through the development review process for developments that provide
shared parking to other development, valet parking spaces, parking for off-site users
for which an hourly or other regular rent is paid, or similarly managed parking
facilities.
2. Structured Parking Incentive. A floor area bonus of one square foot may be granted for
each square foot of area of parking provided within a building. Additional height of building
is allowed to accommodate this additional building area per §18.19.060, BMC.
3. Bicycle Parking. Covered bicycle parking shall be provided. The covered spaces shall be at
least one-half of the total minimum bicycle parking. The minimum number of covered
spaces shall be the greater of either 10 bicycle parking spaces or 5% of motor vehicle
parking provided on-site.
E. Building Standards.
1. Transitions. Where the UMU district is adjacent to another zoning district, those buildings
greater than three stories and located within 50 feet of another zoning district, not including
width of streets, shall have a stepped façade on the side facing the other district. The portion
of the façade in excess of three stories shall be stepped back not less than 25% of the height
of the initial three stories. Where applicable, cornices (e.g., building tops, or first-story
cornices) shall be aligned to generally match the height(s) of those on adjacent buildings.
2. Floor-to-Floor Heights and Floor Area of Ground-floor Space.
a. All commercial floor space provided on the ground floor of a mixed-use building
shall have a minimum floor-to-ceiling height of 12 feet.
b. All commercial floor space provided on the ground floor of a mixed-use building
shall contain the following minimum floor area:
(1) At least 800 square feet or 25 percent of the lot area (whichever is greater)
on lots with street frontage of less than 50 feet; or
(2) At least 20 percent of the lot area on lots with 50 feet of street frontage or
more.
3. In the UMU district buildings shall provide transparency along at least 50% percent of the
linear length of the building’s façade. This may be achieved with windows, displays, building
lobbies, building entrances, display windows, or windows affording views into retail, office,
128
Exhibit D
Ordinance #1681 and 1709: Effective August 3 and 2, 2007 page 19-7
or lobby spaces. This requirement shall apply to both frontages of a building located on a
corner lot.
a. The bottom edge of any window or product display window used to satisfy the
transparency standard of this paragraph may not be more than 4 feet above the
adjacent sidewalk.
b. Product display windows used to satisfy these requirements shall have a minimum
height of four feet and be internally lighted.
4. Street-level openings on parking structures shall be limited to those necessary for retail store
entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator
lobbies. Parking structures adjacent to streets shall have architectural detailing such as, but
not limited to, standard size masonry units such as brick, divided openings to give the
appearance of windows, and other techniques to provide an interesting and human scaled
appearance on the story adjacent to the sidewalk. Parking areas may not be used to meet the
frontage requirement of Section 18.19.050.B, BMC.
5. Buildings shall be articulated with modules, architectural detailing, individual floors visually
expressed in the facade, and rhythm and pattern of openings and surfaces to be human
scale.
F. Lighting. All building entrances, pathways, and other pedestrian areas shall be lit with pedestrian-
scale lighting (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, et cetera).
Alternative lighting meeting the intent of the design guidelines and other criteria of this title, may be
approved through site development review.
G. Natural Surveillance. The proposed site layout, building, and landscape design promote natural
surveillance of the area by employees, visitors, and residents. Physical features and activities should
be oriented and designed in ways that maximize the ability to see throughout the site. For example,
window placement, the use of front porches or stoops, use of low or see-through walls, and
appropriate use of landscaping and lighting can promote natural surveillance. Sight-obscuring
shrubs and walls should be avoided, except as necessary for buffering between commercial uses and
lower density residential districts, and then shall be minimized.
H. Public Spaces. The UMU district is urban in nature. Public parks and recreational areas are likewise
expected to be urban in nature. This will include elements such as plazas or other hardscaping,
landscaping with planters, furniture, developed recreation facilities such as basketball and tennis
courts or indoor recreation facilities, and be more concentrated in size and development than
anticipated in a less urban setting. Public spaces shall be designed to facilitate at least three distinct
types of activities to encourage consistent human presence and activity. The requirements of this
section shall give direction in the development of park plans and the application of the standards of
Chapter 18.50, BMC.
1. Public spaces shall be designed to:
a. Facilitate social interaction between and within groups;
b. Provide safe, pleasant, clean and convenient sitting spaces adaptable to changing
weather conditions;
c. Be attractive to multiple age groups,
d. Provide for multiple types of activities without conflicting;
129
Exhibit D
Ordinance #1681 and 1709: Effective August 3 and 2, 2007 page 19-8
e. Support organized activities;
f. Be visually distinctive and interesting;
g. Interconnect with other public and private spaces; and
h. Prioritize use by persons.
130
Exhibit E
Ordinance # 1709: Effective August 2, 2007. page 20-1
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
131
Exhibit E
Ordinance # 1709: Effective August 2, 2007. page 20-2
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 P4 P4 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 P5 P P
Other buildings and structures typically accessory to permitted uses A A A
Outside storage -/A6 P/A6 P/A6
Personal and convenience services, as defined in this 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
132
Exhibit E
Ordinance # 1709: Effective August 2, 2007. page 20-3
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, 11 - A7, 11 A7, 11
Restaurant8 - P8 P8
Restaurants serving alcoholic beverages9 - C9 C9
Refuse and recycling containers A A A
Retail establishments other than principal uses listed in this section - C C
Signs10 A A A
Solid waste transfer station - - C
Temporary buildings and yards incidental to 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.
11May be subject to the provisions of Chapter 17.02, BMC
133
Exhibit E
Ordinance # 1709: Effective August 2, 2007. page 20-4
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.
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
134
Exhibit E
Ordinance # 1709: Effective August 2, 2007. page 20-5
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.
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.
135
Exhibit F
Ordinance # 1709: Effective August 2, 2007. page 24-1
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
A. Lot area for the Northeast HMU district shall not be less than 5,000 square feet, except as
allowed in subsection C, and the lot area shall provide all required yard areas and off-street
parking and loading
B. and nNo lot width shall be less than 50 feet except lot width for townhomes and lots or
dwellings satisfying the requirements of Chapter 17.02 may be not less than 30 feet. and the lot
area shall provide all required yard areas and off-street parking and loading.
C. Lot area per dwelling shall not be less than 5,000 square feet per detached single-household
dwelling and 3,000 square feet per attached dwelling. Lot area per each dwelling used to satisfy
the requirements of Chapter 17.02, BMC shall not be less than 3,000 square feet per detached
single-household dwelling and 2,500 square feet per attached dwelling.
D. 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.
136
Exhibit F
Ordinance # 1709: Effective August 2, 2007. page 24-2
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.
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.
137
Exhibit G
Ordinance # 1709: Effective August 2, 2007. page 28-1
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;
138
Exhibit G
Ordinance # 1709: Effective August 2, 2007. page 28-2
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.
D. The architectural designs of individual workforce housing units used to satisfy the requirements
of Section 17.02.030, BMC and meeting the requirements of Section 17.02.060.A.13, BMC are
exempt from the review requirements of this chapter. This exemption does not extend to
removal or alterations of existing structures.
18.28.050 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).
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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.
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
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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
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.
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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
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 18.30
BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT
18.30.010 TITLE
These regulations shall be known as the Bozeman entryway corridor overlay district regulations and may
be cited as the entryway corridor regulations.
18.30.020 INTENT AND PURPOSE
A. There are several arterial corridors entering Bozeman that introduce visitors and residents alike
to Bozeman. The visual attributes of these roadways provide a lasting impression of the
character of Bozeman. It is the intent and purpose of this chapter to ensure that the quality of
development along these corridors will enhance the impression and enjoyment of the
community both by guiding development and change that occurs after the adoption of the
ordinance codified in this title, and by stimulating and assisting, in conjunction with other
provisions of this title, improvements in signage, landscaping, access and other contributing
elements of entry corridor appearance and function.
B. It is the intent of this chapter to establish design criteria, standards and review procedures that
will allow the City and its advisory boards and agencies to review and direct, in a fair and
equitable manner, the development and redevelopment of future and existing properties and
facilities within the entry corridors. The recommendations of the Design Review Board or
Administrative Design Review staff shall be given careful consideration in the final action of the
Planning Director or the City Commission.
18.30.030 APPLICATION OF ENTRYWAY CORRIDOR PROVISIONS
Entryway corridors shall be designated on the City’s Official Zoning Map. The provisions of this
chapter shall be applied in addition to any other applicable regulations of this title. Specifically, these
provisions shall be applied to all developments within such corridors as follows:
A. Class I. All development wholly or partially within 660 feet of the centerline of the following
roadways:
1. Interstate 90, within or adjacent to the Bozeman City boundaries, measured from the
centerline of the outside lanes of the opposing roadways and from the centerline of the
access ramps;
2. Interstate 90 frontage roads, within the Bozeman City boundaries, whether or not they
are designated frontage roads;
3. U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the Bozeman
City boundaries;
4. U.S. 191, west from Ferguson Road to the Bozeman City boundaries;
5. Nineteenth Avenue, north from Durston Road to the North 19th Avenue/Interstate 90
interchange, exclusive of the east side between Durston Road and the south boundary of
Covered Wagon Mobile Home Park; and
6. Oak Street, west from North Seventh Avenue to North Nineteenth Avenue.
B. Class II. All development wholly or partially within the lesser of one city block or 330 feet of
the centerline of the following roadways, with the exception of residentially zoned lots (no
exception for R-O district) that have no frontage upon said roadways:
1. Seventh Avenue, south from the Interstate 90 interchange to Main Street;
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2. Nineteenth Avenue, south from Durston Road to the Bozeman City boundary, and the
east side of Nineteenth Avenue, between the south boundary of Covered Wagon Mobile
Home Park and Durston Road;
3. Main Street, east from Broadway to Interstate 90;
4. Main Street, west from Seventh Avenue to Ferguson Road;
5. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and
east to the Bozeman City boundary;
6. Oak Street, west from Nineteenth Avenue to the east edge of Rose Park; and
7. Oak Street, east from Seventh Avenue to Rouse Avenue.
18.30.040 DESIGN REVIEW BOARD AND ADMINISTRATIVE DESIGN REVIEW STAFF
POWERS AND DUTIES WITHIN ENTRYWAY CORRIDORS
The Design Review Board and Administrative Design Review staff shall have the duties and powers
established by Chapter 18.62, BMC, within entryway corridors:
18.30.050 CERTIFICATE OF APPROPRIATENESS
A certificate of appropriateness, received from either the Planning Director or the City Commission
after recommendation by the Administrative Design Review staff or Design Review Board, shall be
required before any and all alteration(s), other than repair as defined in Chapter 18.80, BMC, are
undertaken upon any structure in the entryway corridor. For alterations not requiring City Commission
approval, compliance with the Planning Director’s decisions will be mandatory subject to appeal to the
City Commission as set forth in Chapter 18.66, BMC. Application procedures are as follows:
A. No building, demolition, sign (if a deviation is requested), conditional use permit or moving
permit shall be issued within an entryway corridor until a certificate of appropriateness has been
issued by the appropriate review authority and until final action on the proposal has been taken.
B. Application, review and public notice procedures for proposals located within entryway
corridors are set forth in Chapter 18.34, BMC, Review Procedures for Site Development;
Chapter 18.62, BMC, Development Review Committee, Design Review Board, Administrative
Design Review Staff and Wetlands Review Board; and Chapter 18.76, BMC, Noticing.
C. A denial of a certificate shall be accompanied by a written statement of reasons for the denial.
18.30.060 DESIGN CRITERIA AND DEVELOPMENT STANDARDS IN ENTRYWAY
CORRIDORS
In addition to the standards of Chapter 18.34, the following general design criteria and development
standards shall apply to all development occurring within the areas described in §18.30.030, BMC,
above:
A. The proposed development shall also comply with all applicable design standards and guidelines,
including the Design Objectives Plan for entryway corridors.
B. Setback, Parking, Building and Landscape Standards. The setback from any entryway corridor
roadway right-of-way shall be landscaped, including the screening or buffering of parking areas,
through the use of berms, depressed parking, native landscape materials surrounding and within
parking areas, or other means in order to preserve the area’s natural views.
In addition to the qualitative design standards and guidelines in the Design Objectives Plan for
entryway corridors, parking areas and buildings shall:
1. Be set back at least 50 feet from any Class I entryway corridor roadway right-of-way, or
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2. Be set back at least 25 feet from any Class II entryway corridor roadway right-of-way.
18.30.070 APPLICATION REQUIREMENTS FOR CERTIFICATES OF
APPROPRIATENESS IN ENTRYWAY CORRIDOR
A. Applications for certificates of appropriateness shall be made in conjunction with applications
for site plan approval, in accordance with Chapter 18.34, BMC.
B. Where development projects in the entryway corridor require only sketch plan review as per
Chapter 18.34, BMC (e.g. single-household, two-household, three-household and four-
household residential structures, each on individual lots; signs; fences; property alterations; and
certain amendments to site plans), applications for certificates of appropriateness shall be made
in conjunction with an application for sketch plan review on a form provided by the Planning
Department, and shall include the information and material as set forth in Chapter 18.78, BMC.
C. The architectural designs of individual workforce housing units used to satisfy the requirements
of Section 17.02.030, BMC and meeting the requirements of Section 17.02.060.A.13, BMC are
exempt from the review requirements of this chapter. This exemption does not extend to
removal or alterations of existing structures.
18.30.080 DEVIATION FROM OVERLAY OR UNDERLYING ZONING
REQUIREMENTS
A. To accomplish the intent and purpose of this chapter it may be necessary to deviate from the
strict application of the overlay or underlying zoning requirements. Deviations from the
underlying zoning requirements may be granted by the City Commission after considering the
recommendations of the Design Review Board or Administrative Design Review staff.
B. The application for deviation shall be subject to the submittal and procedural requirements of
Chapters 18.34 and 18.78, BMC . The application shall be accompanied by written and graphic
material sufficient to illustrate the initial and final conditions that the modified standards will
produce. The City Commission shall make a determination that the deviation will produce an
environment, landscape quality and character superior to that produced by the existing
standards, and which will be consistent with the intent and purpose of this chapter, and with the
adopted Design Objectives Plan for the particular entryway corridor. Upon such a finding, the
City Commission may authorize deviations of up to 20 percent beyond or below minimum or
maximum standards respectively, as established in the underlying zoning district regulations. If
the City Commission does not find that the proposed modified standards create an
environment, landscape quality and character superior to that produced by the existing
standards, and which will be consistent with the intent and purpose of this chapter, and with the
adopted Design Objectives Plan for the particular entryway corridor, no deviation shall be
granted.
18.30.090 APPEALS
Aggrieved person, as defined in Chapter 18.80, BMC, may appeal the decision of the Planning Director
or City Commission pursuant to the provision of Chapter 18.66, BMC. In such event, the issuance of a
certificate shall be stayed until the appeal process has been completed.
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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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Ordinance # 1709: Effective August 2, 2007. page 34-5
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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Exhibit I
Ordinance # 1709: Effective August 2, 2007. page 34-7
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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Exhibit I
Ordinance # 1709: Effective August 2, 2007. page 34-8
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.
21. Compliance with Title 17 Chapter 2, BMC.
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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Exhibit I
Ordinance # 1709: Effective August 2, 2007. page 34-9
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
155
Exhibit I
Ordinance # 1709: Effective August 2, 2007. page 34-10
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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Exhibit I
Ordinance # 1709: Effective August 2, 2007. page 34-11
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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Exhibit I
Ordinance # 1709: Effective August 2, 2007. page 34-12
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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Ordinance # 1709: Effective August 2, 2007. page 34-13
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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Exhibit I
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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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Exhibit I
Ordinance # 1709: Effective August 2, 2007. page 34-15
18.34.210 IMPROVEMENTS
Improvements depicted on an approved site plan shall be installed subject to the requirements of
Chapter 18.74, BMC.
161
Exhibit J
Ordinance # 1709: Effective August 2, 2007. page 36-1
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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Exhibit J
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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 approved 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 approved 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 approved 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: Exclusive of housing used to
satisfy Chapter 17.02 BMC; 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. Those dwellings subject to Chapter 17.02
BMC shall be excluded in the base density upon which the density bonus
is calculated.
(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?
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Exhibit J
Ordinance # 1709: Effective August 2, 2007. page 36-14
(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
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?
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Ordinance # 1709: Effective August 2, 2007. page 36-15
(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?
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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Exhibit K
Ordinance # 1709: Effective August 2, 2007. page 40-1
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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Ordinance # 1709: Effective August 2, 2007. page 40-2
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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Ordinance # 1709: Effective August 2, 2007. page 40-3
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.
D. Condominiums may be subject to Chapter 17.02, BMC.
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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Ordinance # 1709: Effective August 2, 2007. page 40-5
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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Exhibit K
Ordinance # 1709: Effective August 2, 2007. page 40-9
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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Exhibit K
Ordinance # 1709: Effective August 2, 2007. page 40-10
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.
186
Exhibit K
Ordinance # 1709: Effective August 2, 2007. page 40-11
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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Exhibit K
Ordinance # 1709: Effective August 2, 2007. page 40-12
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.
188
Exhibit K
Ordinance # 1709: Effective August 2, 2007. page 40-13
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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Exhibit K
Ordinance # 1709: Effective August 2, 2007. page 40-14
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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Exhibit K
Ordinance # 1709: Effective August 2, 2007. page 40-15
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.
191
Exhibit K
Ordinance # 1709: Effective August 2, 2007. page 40-16
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.
192
Exhibit L
Ordinance # 1709: Effective August 2, 2007. page 42-1
CHAPTER 18.42
DEVELOPMENT STANDARDS
18.42.010 GENERAL STANDARDS
A. Conformance. The design and development of all land uses shall conform to this title, adopted
growth policies, any relevant adopted neighborhood or subarea plan, and other resolutions and
regulations, including any and all amendments thereto.
B. Natural Environment. The design and development of all land uses shall be properly related to
topography, and should, to the extent possible, preserve the natural terrain, natural drainage,
existing topsoil, trees and other existing vegetation.
C. Lands Unsuitable for Development. Land which the Planning Director or City Commission has
found to be unsuitable for development because of potential hazards such as flooding, land
slides, excessive slope, rock falls, subsidence, high water table, presence of wetlands; or because
of unreasonable burdens on the general public such as requirements for the excessive
expenditure of public funds, environmental degradation, or congestion in the streets or roads
shall not be used for building or residential purposes unless the hazards or excessive public
burdens are eliminated or will be overcome by appropriate design and construction plans.
Slopes of 25 percent or greater shall be presumed unbuildable unless proved otherwise by the
developer.
18.42.020 NEIGHBORHOOD CENTERS
To provide a neighborhood focal point, all residential subdivisions or planned unit developments, that
are 10 net acres in size or greater, shall have a neighborhood center. Developments may be exempted
from this requirement if every lot within the development is within one-half mile of an existing
neighborhood center. Generally, the center shall be no less than one acre in size. The center shall be
comprised of a park, square, green, plaza, transit stop, neighborhood commercial center, civic use or any
combination of these. The following requirements shall apply to all neighborhood centers:
A. The geographic center point of the neighborhood center shall be no further than 600 feet from
the geographic center point of the development. This requirement may be waived in the
following circumstances:
1. The development would create parcels that are all nonresidential;
2. The center is a neighborhood commercial center or is adjacent to a neighborhood
commercial center;
3. The site is constrained by the presence of critical lands;
4. The site is part of an approved subarea plan that shows the center in a different location;
or
5. The topography of the site presents physical constraints on the property.
B. With the exception of civic and neighborhood commercial center uses, the developer shall be
responsible for installing all center-related improvements as part of the required development
improvements. Improvements shall be installed with each phase when a multi-phase project is
developed. Required improvements shall be based on the definition of each feature found in
Chapter 18.80, BMC, and/or City standards.
C. The neighborhood center shall have frontage along 100 percent of its perimeter on public or
private streets or roads. The City may consider and approve the installation of streets along
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Exhibit L
Ordinance # 1709: Effective August 2, 2007. page 42-2
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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Exhibit L
Ordinance # 1709: Effective August 2, 2007. page 42-3
F. Depth. Except for individual lots for individual townhomes, lots used to meet the requirements
of Chapter 17.02, BMC, and for modular lots as allowed by subsection 18.42.030.K of this
chapter, no lot shall have an average depth greater than three times its average width.
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 facility shall be submitted
with the final landscape plan for review and approval. Facilities with a slope up to and
including 10% grade may be grassed and irrigated to blend into the adjacent landscaped area.
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: Disturbed areas of Zone 2 shall be planted with new or existing native
grasses suited for the area
c. Maintenance of the watercourse setback landscaping is required. If it can be
demonstrated that irrigation is present for the trees and shrubs, and fencing is
provided for the trees and shrubs, the number of required trees may be reduced
to one tree for every 60 linear feet and one shrub for every 20 linear feet of the
watercourse along each side of the watercourse.
d. Planting materials are exempt from the size requirements of §18.48.050.G.3 of
this title.
e. To prevent soil erosion and the invasion of noxious weeds, the watercourse
setbacks on all land proposed for development shall be covered with existing
vegetation or shall be seeded with native grasses as soon as seasonally feasible or
prior to commencement of any site development or site preparation work.
f. Native shall mean those plants which are native to the Gallatin Valley.
g. Use native grasses, forbs, sedges and other herbaceous plants in areas of
disturbance (e.g. bridges, culverts, utilities installation, trails) within the
watercourse setback. Native woody plantings are required in all zones in
disturbed and undisturbed areas.
7. Except for as otherwise allowed in §18.42.100.B.5 and 6, BMC, no disturbance of soils
and existing vegetation shall occur in all zones.
C. Other Provisions.
1. The watercourse setback shall be depicted on all preliminary and final plats and plans.
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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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Ordinance # 1709: Effective August 2, 2007. page 42-15
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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Ordinance # 1709: Effective August 2, 2007. page 42-19
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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Ordinance # 1709: Effective August 2, 2007. page 42-20
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.
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Ordinance # 1709: Effective August 2, 2007. page 42-21
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 HOUSINGRESTRICTED SIZE LOTS AND
UNITS
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.
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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
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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.
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Ordinance # 1709: Effective August 2, 2007. page 50-1
CHAPTER 18.50
PARK AND RECREATION REQUIREMENTS
18.50.010 GENERAL
Except as provided in §18.50.020.B of this chapter, all subdivisions and residential developments subject
to Chapter 18.34, BMC, shall comply with the provisions of this chapter.
18.50.020 PARK AREA AND OPEN SPACE REQUIREMENTS
A. The area required by §18.50.020.A shall be provided. The required area or its equivalent may be
provided by any combination of land dedication, cash donation in-lieu of land dedication, or an
alternative authorized by §18.50.100, BMC, subject to the standards of this title.
1. When the net residential density of development is known, three-one-hundredths (0.03)
acres per dwelling unit of land shall be provided.
a. When the net residential density of development is known at the time of
preliminary plat and net residential density is in excess of eight dwellings per
acre, the requirement for dedication for that density above eight dwellings per
acre shall be met with a cash donation in-lieu of the additional land unless
specifically determined otherwise by the City Commission.
b. These requirements are based on the community need for parks and the
development densities identified in the growth policy and this title.
c. Net residential density of development is known when a plat or site plan depicts
a set number of lots and the final number of residential units at full buildout can
be reasonably determined.
d. The required area dedication or its equivalent shall not be required for any
residential density in excess of the following:
(1) For development within the R-1, R-2, and R-MH zoning districts, the
maximum net residential density shall be 10 dwellings per acre.
(2) For development within the R-3, R-4, and R-O zoning districts, the
maximum net residential density shall be 12 dwellings per acre.
(3) For development within other zoning districts not previously specified
and developed for residential uses, the maximum net residential density
shall be 12 dwellings per acre.
OR
2. If net residential density of development is unknown, .03 acres per dwelling of land
dedication or its equivalent shall be provided as follows:
a. For initial subdivision or other development:
(1) For development within the R-1, R-2, and R-MH zoning districts an area
equal to that required for six dwellings per net acre.
(2) For development within the R-3, R-4, and unless legally restricted from
residential uses R-O zoning districts, an area equal to that required for
eight dwellings per net acre.
(3) For development within other zoning districts not previously specified
and which are intended for residential development, the equivalent to an
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Exhibit M
Ordinance # 1709: Effective August 2, 2007. page 50-2
area dedication for six dwellings per net acre shall be provided as cash-in-
lieu.
b. For subsequent development when net residential density becomes known, the
net residential density per acre shall be rounded to the nearest whole number and
applied as follows:
(1) For development within the R-1, R-2, and R-MH zoning districts the
land area equivalent for the additional net residential density not to
exceed a total, including prior dedications, of 10 dwellings per acre shall
be provided as cash-in-lieu.
(2) For development within the R-3, R-4, and R-O zoning districts the land
area equivalent for the additional net residential density not to exceed a
total, including prior dedications, of 12 dwellings per acre shall be
provided as cash-in-lieu.
(3) For development within other zoning districts not previously specified
and developed for residential uses for the additional net residential
density not to exceed a total, including prior dedications, of 12 dwellings
per acre shall be provided as cash-in-lieu.
3. Applicability to Site Plans. Section 18.50.020.A.2, BMC, shall not apply to subsequent
site plan development located within major subdivisions which received preliminary plat
approval after July 1, 1973 and which received final plat approval prior to October 1,
2005.
4. Special Case. The City has established Chapter 17.02, BMC to encourage the provision
and development of affordable housing.
a. The minimum number of workforce housing units required to comply with
Chapter 17.02, BMC are exempt from the parkland dedication requirements of
this chapter. Dwellings resulting from the density bonus provisions of Section
17.02.060.A are exempt from the parkland dedication requirement. Workforce
housing units in excess of the minimum number shall provide parkland on the
same basis as other development.
b. The parkland requirement for development not otherwise exempted from
dedication requirements shall be reduced by a 1:1 ratio based on the minimum
required square footage of the lot area necessary to provide minimum
compliance with Chapter 17.02, BMC. For example, if 50,000 square feet of lots
for workforce housing units are required then there shall be a reduction in the
required parkland area of 50,000 square feet.
(1) If the developer chooses to develop more than the required number or
area of workforce housing unit lots, the additional lot area square footage
above the minimum required shall not further reduce the parkland area.
(2) The reduction of parkland shall be allowed for WHUs and/or lots
provided offsite of the responsible development but only to the extent of
the required WHU lot area for the development applying for this
parkland offset and only applied on the site of the development applying
for the parkland offset.
b. The reductions in parkland dedication to conform with Chapter 17.02, BMC may
not reduce the developments parkland requirements below the minimum
established by Section 76-3-621, MCA.
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Exhibit M
Ordinance # 1709: Effective August 2, 2007. page 50-3
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
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,
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Exhibit M
Ordinance # 1709: Effective August 2, 2007. page 50-4
unimproved, but annexed and zoned condition can not reasonably be determined, the
developer may provide an appraisal of residentially zoned property with a zoning
designation that allows the density of dwellings proposed for development.
3. The appraisal provided for the purpose of §18.50.030, BMC shall be conducted not
sooner than 90 days prior to the submittal of an application for final plat or final site
plan approval.
D. Where a cash donation has been accepted in-lieu of land dedication, the amount of cash
donation shall be stated on the final plat or plan as appropriate.
E. Where a cash donation has been accepted in-lieu of land dedication, the City Commission shall
record in the meeting minutes why the dedication of land for parks and playgrounds was
undesirable.
F. Use of Cash Donations.
1. The City Commission shall use a cash donation for development or acquisition of parks
to serve the development.
2. The City Commission may use the cash donation to acquire or develop parks or
recreational areas within its jurisdiction or for the purchase of public open space or
conservation easements, only if:
a. The park, recreational area, open space or conservation easement is within a
reasonably close proximity to the proposed development; and
b. The City Commission has formally adopted a Citywide park plan that establishes
the needs and procedures for use of the cash donation.
18.50.040 PARK USE
As part of an individual Park Master Plan, the developer shall indicate the proposed use of the park as
active, passive, playground, ballfield, etc. However, the final use of the park shall be determined by the
City Commission.
18.50.050 LOCATION
A. General. The City Commission or Planning Director, in consultation with the developer,
Recreation and Parks Advisory Board, and the Planning Board if applicable, may determine
suitable locations for parks and playgrounds. Park land must be located on land suitable to and
supportive of the activities and functions depicted in the relevant park plan, and unless the park
plan indicates a requirement for another configuration, should be kept in a large block.
B. Subarea or Neighborhood Plans. If a subarea or neighborhood plan has been adopted for the
area, the subdivision shall comply with the subarea or neighborhood plan for the location of
parks.
18.50.060 FRONTAGE
Park land 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
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Exhibit M
Ordinance # 1709: Effective August 2, 2007. page 50-5
3. When additional land area is provided in the park to accommodate the off-street parking which would
have been provided by the additional length of perimeter streets and, in lieu of the constructed parking
area, an equivalent dollar value of non-parking improvements within the park are provided according to
the individual park plan.
18.50.070 LINEAR PARKS
A. General. If consistent with a growth policy or Citywide park plan, and if reviewed and approved
by the City Commission, linear parks shall be dedicated to the City to provide corridors for
recreation pathways as defined in §18.50.110, BMC.
1. Pathway corridors within required watercourse setbacks shall not be dedicated to the
City as linear parks and such land may not be used to satisfy park land dedication
requirements. Instead, cash donation in-lieu of land dedication credit shall be granted
only for the cost of constructing Class II or III recreational trails if public access is
provided. The developer shall provide a detailed cost estimate for installation of the
trail, for review and acceptance by the City, to determine the cash donation credit.
a. Within required watercourse setbacks, a public access easement that is at least 25
feet in width shall be provided to ensure adequate room for the construction,
maintenance and use of the trail.
B. Width. To ensure adequate room for pathway construction, maintenance and use, linear parks
shall be at least 25 feet in width.
C. Maintenance. These areas shall be maintained in accordance with §18.50.110.E, BMC until an
alternative method (e.g., a Citywide parks maintenance district) of funding and maintaining the
linear park is established.
18.50.080 PARK DEVELOPMENT
A. General. Developers shall consult any adopted Citywide park plan, and with the Recreation and
Parks Advisory Board which implements the plan, to determine the types of parks needed for
the proposed development and surrounding area. Parks shall be developed in accordance with
the Citywide park plan and any approved Park Master Plan. At a minimum, all parks shall be
improved to the following standards by the developer, prior to final plat or final occupancy
approval as appropriate:
1. Minimum Required Improvements Land Dedications. The subdivider shall be
responsible for leveling any park area(s), amending the soil, seeding disturbed areas to
allow mowing with turf type mowers, and installing an underground irrigation system in
compliance with City standards and specifications.
a. Parks shall be seeded with drought tolerant grass seed.
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.
220
Exhibit M
Ordinance # 1709: Effective August 2, 2007. page 50-6
C. Sidewalks. Sidewalks, when required within the development, shall be installed by the developer
at points where the park borders or crosses public or private streets.
D. Storm Water Detention/Retention Ponds. Stormwater retention or detention ponds may be
located within public park land, but such areas shall not count towards the park land dedication
requirement. Any stormwater ponds located on park land shall be designed, constructed and/or
added to so as to be conducive to the normal use and maintenance of the park. Storm water
ponds shall not be located on private lots. Stormwater retention or detention ponds shall be
maintained by the property owners association.
E. Clean Up Required. The park area must have all fencing material, construction debris and other
trash removed.
18.50.090 WAIVER OF PARK MAINTENANCE DISTRICT
When required, the developer shall sign, and file at the County Clerk and Recorders Office, a waiver of
right to protest the creation of park maintenance district(s). The waiver shall be filed with the final
subdivision plat, or recorded at the time of other final approval.
18.50.100 WAIVER OF REQUIRED PARK DEDICATION
The City Commission shall waive the park dedication or cash donation in-lieu of land dedication
requirement if land equal to or exceeding the area of the dedication otherwise required by this chapter is
set aside by one of the following means:
A. The proposed development provides long-term protection of critical wildlife habitat; cultural,
historical, archeological or natural resources; agricultural interests; or aesthetic values;
B. The proposed development provides for a planned unit development or other development with
land permanently set aside for park and recreational uses sufficient to meet the needs of the
persons who will ultimately reside in the development;
C. The development is a land subdivision created by rent or lease (i.e., manufactured housing
communities and recreational vehicle parks) with land permanently set aside for parks or
playgrounds within the subdivision for rent or lease for the common use of the residents of the
development;
1. These park or playground areas shall be maintained by the property owners association.
D. The developer provides for land outside of the subdivision to be set aside for park and
recreational uses sufficient to meet the needs of the persons who will ultimately reside in the
subdivision.
1. The land being developed shall be within the service area, as designated by an adopted
Citywide park plan, of the dedicated park land; and
2. The developer must dedicate the off-site park land to the City of Bozeman;
OR
The developer must execute the appropriate public access easements on privately-owned
land. The easements shall be held by the City of Bozeman. The City of Bozeman’s
responsibilities for park land dedicated by easement shall be the same as for fee simple
park land dedication.
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.
221
Exhibit M
Ordinance # 1709: Effective August 2, 2007. page 50-7
F. A subdivider may dedicate land to School District 7 to provide some or all of the land area
required by § 18.50.020 BMC. The area dedicated to the school district may be used for school
facilities or buildings, including but not limited to play grounds or other recreational facility. Any
dedication to the school district shall be subject to the approval of the City Commission and
acceptance by the Board of Trustees of School District 7.
1. In approving a dedication of land to the school district the City Commission shall make
affirmative findings that:
a. Adequate public park land already exists within the vicinity of the dedicating
subdivision to meet service standards established by the City’s parks master plan;
b. The land is located within the city limits or within one mile of city limits;
c. The school district has established a facility plan to demonstrate how the
dedicated property will be utilized;
d. The school district’s facility plan shall describe any coordination intended for
joint use of the property by the School District and the City; and
e. The option for cash-in-lieu of land described in §18.50.030, BMC shall not be
used in place of a land dedication to the School District.
2. It shall be noted in a certificate on the plat and in any deed to the land that if School
District 7 later chooses to dispose of the property, it shall revert to the City of Bozeman
to be used for park purposes. The land shall be transferred to the City from School
District 7 with clear title and in a condition meeting the minimum development
standards for parks established in §18.50.080, BMC.
G. If a tract of land is being developed under single ownership as a part of an overall plan, and part
of the tract has previously been subdivided or developed, and sufficient park land dedication or
cash donation in-lieu of land dedication has been provided from the area that has been
previously subdivided or developed to meet the requirements of this section for the entire tract
being developed, the City Commission shall issue an order waiving the land dedication and cash
donation requirements for the subsequently developed area.
18.50.110 RECREATION PATHWAYS
A. General. Developers shall install pathways in accordance with this title, the growth policy, the
Greater Bozeman Area Transportation Plan Year 2001 Update, any adopted Citywide park plan,
and any adopted Park Master Plan, and shall comply with City of Bozeman design specifications.
B. Pathway Categories. The DRC shall be responsible for determining whether a pathway is a
transportation pathway or a recreation pathway. For subdivision proposals, this determination
shall be made during the pre-application process.
1. Recreation Pathways. The City Commission may require developers to install recreation
pathways, to provide recreational and physical fitness opportunities within the
development, as part of the required development improvements. Recreation pathways
include the following facilities:
a. Pathways that do not connect major residential, employment, educational or
service nodes;
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
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Exhibit M
Ordinance # 1709: Effective August 2, 2007. page 50-8
e. Class II and III trails.
2. Transportation Pathways. For the definition of transportation pathways, please see
§18.44.110, BMC.
C. Related Facilities. If pathways are proposed or required, stream crossings and other similar
improvements, where necessary, shall be installed. Bridge design and construction shall comply
with City specifications and standards, and shall be submitted to the Planning Department for
review and approval. Any necessary permits for bridges shall be obtained by the developer from
the appropriate agency prior to installation of the stream crossings.
D. Trail Requirements. The class of the trail shall be determined by the Recreation and Parks
Advisory Board, and the trail shall be designed and constructed according to any adopted park
or recreation plan or other City specifications and standards. Trails and bridges must meet
Americans with Disabilities Act (ADA) specifications for recreational facilities and maintain a
natural appearance. Trail plans and specifications shall be submitted to the Planning
Department for review and approval prior to installation.
E. Pathway Maintenance. Recreation pathways within the proposed development shall be
maintained, in conformance with an approved maintenance plan, by the developer until 50
percent of the lots or condominium units are sold. Thereafter the property owners association
shall be responsible for maintenance. The property owners association could establish an
improvement district to collect assessments to pay for the maintenance.
F. Pathway Easements. Where pathways cross private land or common open space, the proper
public access easements shall be provided. Public access easements for pathways shall be at least
25 feet wide.
G. Linear Parks. Corridors for recreation pathways may be dedicated to the City in accordance with
§18.50.070, BMC.
223
Exhibit N
Ordinance # 1709: Effective August 2, 2007. page 72-1
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
224
Exhibit N
Ordinance # 1709: Effective August 2, 2007. page 72-2
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
225
Exhibit N
Ordinance # 1709: Effective August 2, 2007. page 72-3
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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Ordinance # 1709: Effective August 2, 2007. page 72-4
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.
J. Covenants may not contain provisions which inhibit compliance with the requirements of
Chapter 17.02, BMC for those developments subject to Chapter 17.02, BMC. Some examples
are: privately required minimum home or lot sizes which can not be met.
227
Exhibit O
Ordinance # 1709: Effective August 2, 2007. page 78-1
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.
K. Digital (PDF) copy of entire submittal.
L. Affordable Housing. Describe how the subdivision proposes to satisfy the requirements of Title
17 Chapter 2, BMC.
18.78.040 SUBDIVISION PRELIMINARY PLAT
The preliminary plat shall be legibly drawn at a horizontal scale no smaller than 100 feet to the inch, and
may show approximate boundaries, dimensions, distances and areas, unless specifically noted. The plat
shall be on one or more sheets of 18- by 24-inch or 24- by 36-inch paper. Where accurate information
is required, surveying and engineering data shall be prepared under the supervision of a registered
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
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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
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
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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.
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.
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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.
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).
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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.
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.
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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
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.
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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;
(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.
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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;
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;
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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.
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.
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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.
T. Affordable Housing. Describe how the subdivision will satisfy the requirements of Title 17
Chapter 2, BMC. The description shall be of adequate detail to clearly identify those lots
designated as subject to Title 17, Chapter 2, BMC compliance requirements and to make the
obligations placed on the affected lots readily understandable.
1. On all lots intended to be used to satisfy the requirements of Chapter 17.02, BMC the
allowable building envelope shall be depicted.
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
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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.
F. Affordable Housing. The developer shall provide a description of how the subdivision has
complied with Title 17 Chapter 2, BMC. The description shall be of adequate detail to clearly
identify those lots designated as subject to Title 17, Chapter 2, BMC compliance requirements
and to make the obligations placed on the affected lots readily understandable.
18.78.080 SITE PLAN SUBMITTAL REQUIREMENTS
Applications for all site plan approvals shall be submitted to the Planning Department on forms
provided by the Planning Director. The site plan application shall be accompanied by the appropriate
fee and development plans showing sufficient information for the approval authority to determine
whether the proposed development will meet the development requirements of the City.
A. General Information.
1. Complete, signed application including the following:
a. Name of project/development;
b. Location of project/development by street address and legal description;
c. Name and mailing address of developer and owner;
d. Name and mailing address of engineer/architect, landscape architect and/or
planner;
e. Listing of specific land uses being proposed; and
f. A statement signed by the owner of the proposed development of their intent to
comply with the requirements of the Bozeman Municipal Code and any
conditions considered necessary by the approval body;
2. Location map, including area within one-half mile of the site;
3. List of names and addresses of property owners according to Chapter 18.76, BMC;
4. For all developments, excluding sketch and reuse/further development, a construction
route map shall be provided showing how materials and heavy equipment will travel to
and from the site. The route shall avoid, where possible, local or minor collector streets
or streets where construction traffic would disrupt neighborhood residential character or
pose a threat to public health and safety.
B. Site Plan Information. The following information is required whenever the requested
information pertains to zoning or other regulatory requirements of this title, existing conditions
on-site or conditions on-site which would result from the proposed development:
1. Boundary line of property with dimensions;
2. Date of plan preparation and changes;
3. North point indicator;
4. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet;
5. Parcel(s) and site coverage information:
a. Parcel size(s) in gross acres and square feet;
b. Estimated total floor area and estimated ratio of floor area to lot size (floor area
ratio, FAR), with a breakdown by land use; and
c. Location, percentage of parcel(s) and total site, and square footage for the
following:
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(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;
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;
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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;
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;
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c. Floor plans depicting location and dimensions of all proposed uses and activities;
and
d. All onsite utilities and mechanical equipment;
11. Description and mapping of soils existing on the site, accompanied by analysis as to the
suitability of such soils for the intended construction and proposed landscaping;
12. Temporary facilities plan showing the location of all temporary model homes, sales
offices and/or construction facilities, including temporary signs and parking facilities;
13. Unless already provided through a previous subdivision review, a noxious weed control
plan complying with §18.78.050, BMC; and
14. Drafts of applicable supplementary documents as set forth in Chapter 18.72 of this title.
15. The information necessary to complete the determination of density change and
parkland provision required by §18.50.020.B, BMC, unless such information was
previously determined by the City to be inapplicable and written confirmation is
provided to the applicant prior to submittal of a preliminary site plan application. If a
new park will be created by the development the park plan materials of §18.78.060.P,
BMC shall be provided.
16. Affordable Housing. Describe how the site plan will satisfy any requirements of Title 17
Chapter 2, BMC which have either been established for that lot(s) through the
subdivision process or if no subdivision has previously occurred are applicable to a site
plan. The description shall be of adequate detail to clearly identify those lots and
dwellings designated as subject to Title 17, Chapter 2, BMC compliance requirements
and to make the obligations placed on the affected lots and dwellings readily
understandable.
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;
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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.
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:
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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;
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
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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:
(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;
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(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;
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
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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.
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;
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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;
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;
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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.
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;
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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
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;
X X X
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
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Exhibit O
Ordinance # 1709: Effective August 2, 2007. page 78-25
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
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.
252