HomeMy WebLinkAboutChapter_38 General Land Use Standards and Requirements
Title 18
Chapter 38
GENERAL lAND USE STANDARDS AND REQUIREMENTS
Sections:
18.38.010 Area Requirements for Individual Buildings - Restrictions
18.38.020 Yards and Lots - Reduction Prohibited
18.38.030 Use of Lands - Buildings and Structures
18.38.040 Dwelling Unit Restrictions
18.38.050 Accessory Buildings, Uses, and Equipment
18.38.060 Yard and Height Encroachments, Limitations, and Exceptions
18.38.070 Standards for Specific Site Impacts and Elements
18.38.080 Clean up of Property and Re-vegetation Required
18.38.010 Area Requirements for Individual Buildings - Restrictions
No part of any yard or other open space or off-street parking or loading space required about
or in connection with any building for the purpose of complying with this title, shall be included as
part of a yard, open space, or off-street parking or loading space similarly required for any other
building except as provided in S 18.46.050 of this title. (Ord. 1645 S 1, 2005)
18.38.020 Yards and lots - Reduction Prohibited
No yard or lot existing at the time of adoption of the ordinance codified in this title shall be
reduced in dimension or area below the minimum requirements of said ordinance except as set
forth herein. Yards or lots created after the effective date of said ordinance shall meet at least
the minimum requirements established by this title. (Ord. 1645 S 1, 2005)
18.38.030 Use of lands - Buildings and Structures
A. Only Uses Specifically Identified by This Title to be Built. No building or structure,
or part thereof, shall be erected, altered, or enlarged for a use, nor shall any existing
building, structure, or part thereof, or land, be used for a purpose or in a manner
that is not in conformity with the uses listed as permitted uses for the zone in which
such buildings, structure, or land is situated. In addition, any land, building, or
structure to be erected or used for a purpose listed as a conditional use in such
zone shall first receive approval from the City Commission. Existing nonconforming
uses and structures shall be governed by Chapter 18.60.
B. No building or structure or part thereof, shall be erected, nor shall any existing
building be altered, enlarged, or rebuilt, or moved into any zone, nor shall any open
space be encroached upon or reduced in any manner, except in conformity to the
yard and setback regulations designed for the zone in which such building or open
space is located, except as otherwise specified in this title.
C. Recreational Vehicle Parking on Residential Lot. No person shall park or occupy
any recreational vehicle or mobile home on the premises of any occupied dwelling
or on any lot which is not a part of the premises of any occupied dwelling, either of
which is situated outside of any approved manufactured home community or
recreational vehicle park except that:
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1. The parking of only one unoccupied recreational vehicle in any accessory
private garage or in a rear yard in any district is permitted, providing no
living quarters shall be maintained or any business practiced in the
recreational vehicle while such recreational vehicle is so parked or stored;
and
2. In the event of hardship, temporary use permits may be granted for
occupying such recreational vehicle or mobile home.
D. Municipal Infrastructure Requirements
1. Whenever any building lots and/or building sites are created inside the city
limits or existing lots are annexed, and prior to the issuance of any building
permits on such lots or sites, municipal water distribution, municipal
sanitary sewer collection, and streets shall be provided to the site. Each
building site must utilize and be connected to both the municipal water
distribution and municipal sanitary sewer collection systems. Installation
of improvements is subject to Chapter 18.74.
a. Alternative. When in the City's sole determination it is in the City's
long term best interests to allow a building lot or site to be created
or developed without immediate access to either municipal water
or municipal sewer the City may, in its sole discretion, make such
allowance when all of the following have been met:
(1) The non-municipal system(s) to service the lot or site
shall be designed, reviewed, and constructed to meet
City of Bozeman standards. Systems serving more than
one lot or user shall be central systems;
(2) The non-municipal system(s) shall be designed and
constructed in a manner to allow connection to the
municipal system components shown in applicable
facility plans to serve the property at such time as it
becomes available;
(3) The landowner shall provide waivers of right to protest
creation of SIDs or other financing methods to extend
municipal water and sewer services. Such extensions or
connections may require construction of system
components that are not immediately adjacent to the
building lot or site;
(4) The landowner shall agree to connect to municipal water
and sewer services and abandon and remove non-
municipal services when so instructed by the City. Such
agreement shall be binding on all successors and run
with the land;
(5) If the City takes responsibility to operate the non-
municipal system(s) it may impose a surcharge to cover
extra operational expenses. City operation of the system
is at the City's discretion;
(6) The requirement for future connection to the municipal
water and/or sewer system, waivers and agreements,
and other applicable materials shall be either noted on
the plat or final plan;
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OR
A separate notice be recorded at the Gallatin County
Clerk and Recorder's Office so that such notice will
appear on a title report or abstract of the property;.
(7) No non-municipal water or sewer systems shall be
constructed until it has received all necessary approvals
from the Department of Environmental Quality, City of
Bozeman, County Environmental Health, and any other
relevant agency; and
(8) The use of municipal water or sewer systems is
considered to be the best means to protect the pUblic
interest and welfare. The alternative for the use of non-
municipal systems is intended to be used sparingly and
in extraordinary circumstances. In order to protect the
public interest, in approving a non-municipal system the
City may impose such conditions of approval as it deems
necessary.
2. These improvements (public infrastructure) shall be designed, constructed,
and installed according to the standards and criteria as adopted by the City
and approved by both the City Engineer and Water and Sewer
Superintendent prior to the issuance of any building permits.
3. When municipal water distribution and municipal sanitary sewer collection
systems are being provided to serve a development proposal occurring
under the provisions of Chapter 18.36, Planned Unit Development (PUD),
the issuance of a building permit may be allowed prior to completion of the
public infrastructure, provided the criteria of ~ 18.74.030, are met.
4. Notwithstanding the provisions of Subsection D.3 above, the City may limit
the scope, type, and number of projects eligible for simultaneous
construction consideration. (Ord. 1645 S 1, 2005)
18.38.040 Dwelling Unit Restrictions
A. No Use of Unfinished Structures. No cellar, garage, tent, tepee, yurt, basement with
unfinished structure above, accessory building, or vehicle; or any manufactured
home or recreational vehicle outside of an approved manufactured home
community, recreational vehicle park, or approved individual lot in accordance with
S 18.40.130, shall at any time be used as a dwelling unit, unless approved for use
as a temporary dwelling unit due to a demonstrated hardship.
B. Use of Basements. The basement portion of a finished home shall be properly
damp-proofed and have heating, ventilation, suitable fire protection and exits if used
for living purposes, and natural lighting. (Ord. 1645 S 1, 2005)
18.38.050 Accessory Buildings, Uses, and Equipment
A. An accessory building shall be considered an integral part of the principal building
if it is connected to the principal building by a common wall for not less than five
feet.
B. Accessory buildings, uses or equipment shall not be stored or constructed between
the front lot line and required front building line.
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C. Accessory buildings and garages shall not be located within a utility easement
without written approval of the easement holder.
D. Accessory buildings in any business or industrial district may be located only to the
rear of the front line of the principal building.
E. No accessory building shall exceed the footprint of the principal building unless such
accessory building has been otherwise approved per this title. An accessory
building shall not either:
1. Exceed the height of the principal building unless such accessory building
has been otherwise approved per this title; or
2. Within a residential district, exceed a height of one and a half stories,
where a half story is established by a side wall, under a sloped roof, of five
feet in height or less above the floor level within space allowed to be
occupied by persons by the International Building Code;
3. The height between finished floor to finished floor shall not exceed 12 feet
in residential districts. A greater height between finished floors may be
approved in non-residential districts if the other requirements of this title
are met.
F. Rooftop mechanical equipment should be screened. Screening should be
incorporated into the roof form when possible. Ground mounted mechanical
equipment shall be screened from public rights-of-way with walls, fencing, or
evergreen plant materials. Mechanical equipment shall not encroach into required
setbacks.
G. Detached Structures Setback Requirements
1. Accessory structures less than or equal to 120 square feet in footprint shall
not be located in any front, side, or corner-side yard and shall maintain a
minimum setback of three feet from the property lines in the rear yard.
2. Accessory structures greater than 120 square feet but less than or equal
to 600 square feet in footprint shall not be located in any front, side, or
corner-side yard. The accessory structure shall be set back a minimum of
either: 6 feet, or when parking is provided between the structure and the
rear property line; 20 feet except when required parking spaces need a
greater setback for back-up maneuverability. See examples below:
Alley Right-of-way Width Setback for Garage Setback for a Garage with
Stacked Parking off of an Alley
30 feet 6 feet 20 feet
20 feet 6 feet 30 feet
16 feet 10 feet 30 feet
14 feet 12 feet 32 feet
3. Accessory structures greater than 600 square feet shall not be located in
any required front, rear, or side yard and shall provide adequate back-up
maneuverability for required parking spaces.
H. Structures may occupy not more than 20 percent of the area of the lot located to
the rear of the principal building(s).
I. All structures located within the neighborhood conservation or entryway corridor
overlay districts require a certificate of appropriateness.
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J. More than two deviations shall not be granted for any accessory structure. (Ord.
1645 S 1,2005)
18.38.060 Yard and Height Encroachments, Limitations, and Exceptions
A. Permitted Encroachments Into Yards. The following shall be permitted
encroachments into required yards, subject to any and all applicable International
Building Code requirements:
1. Architectural features, which do not add usable area to a structure, such
as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters,
lintels, cornices, eaves, gutters, awnings, window wells and steps, provided
such architectural features do not extend more than 5 feet into any
required front or rear yard;
2. Architectural features, which do not add usable area to a structure, such
as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters,
lintels, cornices, awnings, window wells and steps, provided such
architectural features do not extend more than 2 feet into any required side
yard, except that eaves and gutters may extend 2.5 feet into any required
side yard;
3. Terraces and patios, uncovered decks, and stoops or similar features,
provided that such features shall not extend above the height of the ground
floor level of the principal structure nor more than 5 feet into any required
front or rear yard or 2 feet into any required side yard;
4. Where porches, covered terraces, and covered decks occupy not more
than one.third of the length of the building wall, excluding the width of the
garage if applicable they may encroach:
a. Where the required front yard is greater than 15 feet, not more
than 5 feet into any required front yard;
b. Not more than 5 feet into a required rear yard;
c. Not more than 2 feet into any required side yard, and;
5. Fire escapes may be permitted in required side or rear yards only;
6. Wheelchair ramps may encroach into any required yard, but shall not be
located closer than 3 feet from any property line; and
7. Flag poles, ornamental features, trees, shrubs, walkways, nameplate
signs, and floodlights or other sources of illumination provided the direct
source of light is not visible from the public right-of.way or adjacent
residential property.
B. Zero Lot Line Conditions. In districts where zero sideyard setbacks are not
otherwise allowed, where an individual owns two or more adjoining lots, or where
the owners of two or more adjoining lots make legal written agreement recorded at
the Gallatin County Clerk and Recorder, a zero lot line concept may be used for
commercial or single-household dwelling unit developments. In residential districts
this may result in the creation of a two-household residential structure, only in
districts permitting such a structure, orthe creation of townhouse clusters in districts
permitting such structures. In all such cases in residential districts, a minimum 8
foot side yard shall be maintained adjacent to the exterior side, or nonzero lot line
side, of the structure.
C. Special Yard Setbacks
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1. Where the required setback is greater than 15 feet, the corner side yard for
any corner lot not located on an arterial street may be 15 feet. However,
where the vehicular access to a garage is located on the frontage of the
corner side yard, the portion accessible to vehicles shall maintain at least
a 20 foot setback.
2. A 25 foot front yard or corner side yard shall be provided on all arterials
designated in the Bozeman growth policy, except within the B-3 district.
3. Setbacks from watercourses as set forth in S 18.42.100.
4. Setbacks from intersections as set forth in S 18.44.090.
D. Height Limitation Exceptions
1. Non-Specific Exemptions. No building or part thereof or structure shall be
erected, reconstructed, or structurally altered to exceed in height the limit
herein designated for the district in which such building is located, except
as is specified in Chapter 18.66, or as specifically authorized by the City
Commission as an approved condition of a planned unit development.
Such approved conditions must include the recommendations of the City
Fire Marshal.
2. Specific Exemptions
a. Height limitations shall not apply to church spires, belfries,
cupolas and domes; monuments; chimneys and smokestacks;
flag poles; public and private utility facilities; parapet walls
extending no more than 4 feet above the limiting height of the
building except as hereinafter provided; and solar energy
collectors and equipment used for the mounting or operation of
such collectors.
b. Places of public assembly in churches, schools, and other
permitted public and semipublic buildings may exceed height
limitations otherwise established by this title, provided that:
(1) These are located on the ground floor of such buildings;
and
(2) That for each 1 foot by which the height of such building
exceeds the maximum height otherwise permitted in the
district, its side and rear yards shall be increased in width
or depth by an additional 1 foot over the side and rear
yards required in the district.
c. Elevator and stair penthouses, water tanks, monitors and scenery
lofts are exempt from height limitations otherwise established in
this title, provided that no linear dimension of any such structure
exceed 50 percent of the corresponding street frontage line.
d. Towers and monuments, cooling towers, gas holders, or other
structures, where the manufacturing process requires a greater
height, and grain elevators and silos are exempt from this title,
provided that any structure above the height otherwise permitted
in the district shall occupy no more than 25 percent of the area of
the lot and shall be at least 25 feet from every lot line.
e. Height restrictions for wireless facilities are governed by Chapter
18.54. (Ord. 1645 S 1, 2005)
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18.38.070 Standards for Specific Site Impacts and Elements
A. Surface-Water Ponding. Natural ponding areas shall be retained as much as
possible or, if necessary, enlarged or modified as directed by the City Engineer to
restrict the off-site runoff, subject to the storm water runoff control provisions of this
title and the City's stormwater drainage requirements.
B. Trash and Garbage Incineration. No exterior incineration of materials is permitted
except as allowed by the Department of Public Safety.
C. Smoke, Dust, and Other Particulate Matter. The emission of smoke or other
particulates from any point source shall not exceed a density greater than that
permitted by Method 9, 40 CFR, 60 Appendix A. Dirt, dust, fly ash, and other forms
of particulate matter shall not be emitted beyond the property lines of the use
creating the particulate matter.
D. Bulk Storage (Liquid). All uses associated with bulk storage of all gasoline, liquid
fertilizer, chemicals, and flammable and similar liquids shall comply with
International Building and Fire Code requirements and any applicable county
regulations.
F. Water Quality, Hazardous Wastes and Wastewater. Discharge of hazardous waste,
chemicals or wastewater will be subject to Montana Department of Environmental
Quality standards and permitting processes. But in no case shall any hazardous
waste, hazardous chemicals, or hazardous wastewater be discharged into any
perennial stream within the city.
G. Odors and Toxic Gases
1. The emission of odors shall be controlled such that objectionable or
offensive odors are not perceptible beyond a distance of 50 feet past the
property lines of the use creating the odors.
2. No toxic, noxious, or corrosive fumes or gases shall be emitted beyond the
property lines of the use creating such fumes or gases.
H. Noise. No noise shall be produced that causes a violation of the City's regulations
regarding disturbance of the peace or creates a nuisance.
I. Vibrations. No ground vibrations, except for those only perceptible with the use of
instruments, shall be permitted beyond the property lines of the use generating the
ground vibrations.
J. Electrical Disturbance. No activity shall be permitted which causes electrical
disturbances affecting the operation of any equipment located beyond the property
line of the activity. This paragraph does not apply to uses which are regulated by
and are in compliance with federal agencies or law.
K. Glare and Heat. Any use producing intense glare or heat shall be conducted so that
the glare is effectively screened from view at any point on the lot line of the lot in
which the use is located. Any heat will be dissipated so that it is not perceptible
without instruments at any point on the lot line of the lot on which the use is located.
L. Fire and Explosive Hazards. Any use or activity involving the use or storage of
combustible, flammable, or explosive materials shall be in compliance with the
Uniform Fire Code as adopted by the City. Burning of waste materials in open fires
is prohibited, unless otherwise permitted by and in conformance with another
ordinance.
M. Liquid or Solid Waste. No materials, compounds, or chemicals, which can
contaminate any water supply, interfere with bacterial processes in sewage
treatment or otherwise cause emissions of elements which are offensive or
hazardous to the public health, safety, and general welfare shall be discharged at
any point into any public sewer, private sewage disposal system, stream, or into the
ground, except in accordance with the code of the city and the standards approved
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...--.-..--.".. -....
by the Montana State Department of Environmental Quality or such governmental
agency as may have jurisdiction over such activities.
N. Fissionable, Radioactivity, or Electromagnetic Disturbance. No activities shall be
permitted which utilize fissionable or radioactive materials if, at any time, their use
results in the release or emission of any fissionable or radioactive material into the
atmosphere, ground or sewerage system. No activities or devices shall be
permitted which at any time emit radio-frequency energy affecting any activity or the
operation of any equipment beyond the site property line. Radio-frequency energy
shall be considered as being electromagnetic energy at any frequency in the radio
spectrum between ten kilocycles and three million megacycles. This limitation on
radio-frequency interference does not apply to those uses and circumstances falling
under the jurisdiction of the FCC. (Ord. 1645 S 1, 2005)
18.38.080 Clean up of Property and Re-vegetation Required
A. Clean Up of Property. Prior to final plat or final occupancy approval, the developer
shall ensure that all construction and other debris is removed from the development.
This includes concrete, asphalt, dead trees and shrubs, and fencing materials.
B. Re-vegetation. All areas disturbed during construction shall be reseeded with
vegetation types approved by the Gallatin County Weed Control Supervisor. (Ord.
1645 S 1, 2005)
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