HomeMy WebLinkAboutChapter_08 Land Subdivisions Created by Rent or Lease
Title 18
Chapter 08
LAND SUBDIVISIONS CREATED BY RENT OR LEASE
Sections:
18.08.010 General
18.08.020 Procedure, Submittal Requirements, and Review Criteria
18.08.030 Timing of Improvements
18.08.040 Filing of Final Plan
18.08.01 0 General
A. Land subdivisions created by rent or lease, rather than sale, refer to areas that
provide multiple spaces for manufactured homes, mobile homes, or recreational
camping vehicles regardless of the size of the area or whether the spaces will be
made available for rent by the general public for a fee. The land shall be owned as
one parcel under single ownership, which can include a number of persons owning
the property in common. Subdivisions complying with 99 18.10.01 O.H and
18.10.010.1 are not subject to this chapter.
S. Land proposed for a subdivision created by rent or lease shall have a RMH,
Residential Manufactured Home, or RS, Residential Suburban, zoning designation.
C. DPHHS License. If a land subdivision by rent or lease, that will provide multiple
spaces for manufactured homes, mobile homes, or recreational camping vehicles
is also a "campground," "trailer court," "work camp," or "youth camp" as defined
below, the City Commission shall not grant final approval until the developer obtains
a license for the facility from the Montana Department of Public Health and Human
Services (DPHHS) under Title 50, Chapter 52, MCA.
1. "Campground" means a parcel of land available to and principally used by
the public for camping, where persons can camp, secure tents or cabins,
or park trailers for camping and sleeping purposes.
2. "Trailer court" means a parcel of land upon which two or more spaces are
available to the public and designated for occupancy by trailers,
manufactured homes, or mobile homes for use as residences. The term
does not include a parcel composed of platted lots, if each lot:
a. Is filed with the County Clerk and Recorder;
b. Contains only one trailer space; and
c. Is served by a public water supply system and public sewage
system that meet the requirements of rules for systems adopted
pursuant to Title 75, Chapter 6, Part 1, MCA, and that are located
within the boundaries of the City of Bozeman.
3. "Work camp" means a parcel of land on which housing is provided by a
person for two or more families or individuals living separately, for the
exclusive use of the employees of the person and the families, if any, of
the employees. For purposes of this subsection, "housing" includes but is
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not limited to camping spaces; trailer parking spaces; manufactured,
mobile, modular, or permanent barracks or structures; and any appurtenant
water supply and distribution system, sewage collection and disposal
system, solid waste collection and disposal system, or food service and
dining facilities. Housing does not include shelter provided by an employer
for persons who are employed to perform agricultural duties on a ranch or
farm.
4. "Youth camp" means a parcel of land on which permanent buildings, tents,
or other structures are maintained as living quarters for ten or more people
and that is used primarily for educational or recreational use by minors.
The term includes any appurtenant water supply and distribution system,
sewage collection and disposal system, solid waste collection and disposal
system, or food service and dining facilities.
D. Surveying and Filing Requirements Exemption. Land subdivisions created by rent
or lease are exempt from the surveying and filing requirements of the Montana
Subdivision and Platting Act. (Ord. 1645 9 1, 2005)
18.08.020 Procedure, Submittal Requirements, and Review Criteria
A. Land subdivisions created by rent or lease shall be submitted, reviewed, and
approved by the City of Bozeman before any portions of the development may be
rented or leased. The developer shall apply for site plan and subdivision review.
S. Site Plan Review. All relevant procedures, submittal requirements, and review
criteria contained in Chapter 18.34 shall apply. The development shall also comply
with the requirements of Chapter 18.16, 99 18.40.120, and 18.40.170.
C. Subdivision Review. The subdivision review procedure and review criteria for land
subdivisions created by rent or lease will depend upon the number of spaces within
the proposed development. Proposed developments containing five or fewer
spaces for rent or lease shall be reviewed as minor subdivisions according to the
provisions of Chapter 18.06 and proposed developments containing six or more
spaces for rent or lease shall be reviewed as major subdivisions according to the
provisions of Chapter 18.06.
1. Pre-application Plan. The pre-application plan shall be reviewed using the
procedures contained in 9 18.06.020. The submittal materials listed in 9
18.78.030 shall be provided.
2. Preliminary Plan Submittal and Procedure. For land subdivisions created
by rent or lease, the developer shall submit a preliminary plan in-lieu of a
preliminary plat, a completed application for minor subdivision or major
subdivision as appropriate, and the materials listed in 99 18.78.050 and
18.78.060.
3. Final Plan Submittal and Procedure. For land subdivisions created by rent
or lease, the developer shall submit a final plan in-lieu of a final plat, a
completed final plat application, and the materials listed in 918.78.070.
4. Supplementary Materials. In addition to the submittal requirements of
Chapter 18.78 preliminary and final plans for land subdivisions created by
rent or lease shall show the following:
a. A layout of all spaces proposed for rent or lease;
b. Location of commonly owned areas and facilities; and
c. Parks and/or recreation areas.
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5. Boundary Lines. All preliminary and final plans may show approximate
boundary, lot, right-of-way, or other lines. (Ord. 1645 9 1, 2005)
18.08.030 Timing of Improvements
Before any portion of a land subdivision created by rent or lease can be rented or leased, all
required improvements shall be installed, inspected, and found compliant with the approved plan,
and, where applicable, accepted by the City of Bozeman. (Ord. 1645 9 1, 2005)
18.08.040 Filing of Final Plan
Once the final plan has been approved by the City Commission, an original copy of the
approved plan shall be filed with the County Clerk and Recorder as a "miscellaneous" document
and another copy of the approved plan shall be retained by the Bozeman Engineering
Department. (Ord. 1645 9 1, 2005)
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