HomeMy WebLinkAboutOrdinance 00- 1513, Adopting the Draft City Zoning OrdinanceR~~Af~ ~~
SHE EI4~ Titfe ~, chapter , part f, e~po~rers the i to enact a zaning
ordinance and to provide far its administration, enfarcernent, and at~endr~ent, and
MERE, the pity of azeman has had ~vninc~ ordinances in effect since ~g
and
HERE, the City ~ommissian, pursuant to the provisions of Title ', chapter
Part , 11~, has adapted comprehensive pion far its urisdictianal area and
regufatic~ns have been prepared in a~ccardance Frith the plan, and
E, ran duly _, ~ ggg, the pity of vzeman enacted an interim ordinance
in acGOrdance with section ~~--~~~', Montana Cade annotated, repealing and
superceding aif prier enacted zranin regulations, and earfended said interim ordinance can
January 1 ~, ag; and
HER, the pity of o~em~an deems it necessary fear the purpose of prarrloting
the health, safety or general ~veifare of the city to enact a permanent zoning ordinance,
and
HERE, ofl requirements of Titfe , +hapter , Part.. , vuith regard to the
preparation of a zoning ordinance and subsequent action of the city commission have
been net;
HEEPtE, E fl' ~P~iE y the City amr~ission of the pity o
f
nr as fal~~ws:
E~c~b
c
ecian
eeale~.
III resoiuticns, ordinances and sections ~ the ~czen~an luniciaP cede and ~a~rks
ecti~n
ns ~~~isior~~
This ordnance does not affect the rights of d~ti~~ that rr~atured, penalties and
assessr~ent that were incurred er pr~aceedin~s that began be~are the effectirre date cf
this nrdir~ance,
Ee+cr~ date.
e~cti~~n
This ordinance shah ~ in dull ~c~rce and efeet on day ~, D~.
by the City !err~rnissicn cf the pity ~ ~c~zeman, Pantana, cn first
reading at a regular session thereof held on the Ord day Qf April, gQg.
TT:
IRGf~ . Y~IJiI, P"~AY
F~C~I L. ULLI'
lerl~ of the omrr~isson
4 , A~C~~T ~1~ C~ y the pity ornmission of the pity of
Bozeman, ontana, on second reading at a regular sessian thereof held on the
day of
A~~TT:
i . '1"~}IV~C~I, layer
RI L. IJLLI'~AN
clerk of the omrnssion
3
P-1~. ,, L~J1~IE
i c~rney
MtNUT~~ C~ THE MEETING ~F THE CITY COMMISSi[~N
a~~M~~i, l~ca~T~l~~
April 17,
The Commission of the City of C~oreman met in regular session irf the Commission i~ocm,
Municipal EttiCding, crt Mc~nday- Aprii 1 ?, ~G~OQ, at ~;C3D p.rn, Present vmere Mayor'1Poun~ma~ri,
Corrtmiss'-or-er Brt~wn, Ctarnmissioner Frost, G~ommssvn+er rnil+ey, Cc~rr~rnissic~ner Kirchhoff,
Acting City M~n~ger Tymr~k, City Attorney Lowe and +~lerk of the Camrrclssion Scllivan.
The meeting was op+aned with the i'ledge of Allegiance end a m~ornent o silence,
N€~ne of the Co~mmissivn+ars requested that any of the Consent Items be removed for
dscussiont
n ~ A 1 e mbar 7 and e m er ~~ r 2#
n~,a 1 ~ to ~ Fe rus 1~ r ~ r I~ 27 ,~ rll A A riC
i ip
It was moved by Commissioner grcawn~ eccraded by Commissioner Frost, that th+a
minutes of the meetings of ~epternber 2Ci'~ 1~9, llllarci'~ ~, April and April , 2~QCt~ be
approved as amended and that tl~e minutes of the meetings of March ~ and April fi, 2~t~C,
tie approved as submitted. The mcticr~ carried by the following Aye and Nc vote: Mesa voting
Aye tieing Commissioner drown, CommissCar~er Fro,st~ Commissioner rniley~ Commissioner
Kirchhoff and Mayor Youngman; these voting N+o, Wane.
Mayor Youngman deferred action an the minutes of the rr~e8tirzgs of August 16 and
September ~', 199' end January "I g, January , ,lanoary ~, February ?, i=ebruary 14 and
March ~, 2QOQ~+ to a later date.
Pr i in fa v' -_ I - ~rbdivlde 44 ' - l ..:...ribs
A n pi # Lo ~ ~ioc~ ~abc ~ and , . n ~I cir43 iV r if
I lv in brae in I -f mil I ;~ so thwest r vi tre t nd ~ r m
Avenue) iP-OC1OJ1
Acting City Manager Tymrak recpmrnended that consideration of this application be
continued to May 1, He indicated, however, that those present for this agenda item should tie
fven an vpp~arturalty to proV~de anput If tll~y $Q desire.
It was moved by Comrnissiancr Frost, seconded by Commissicr~er ~niley, that
consideration cf this preliminary plat 8pplCation he rescheduled to May f 2t~p~. The motion
oarrieri by the following Aye and Nc~ votes those voting, Aye being Commissioner Frost,
CQrnmissioner Smiley, Cc~rnmissic~ner Kirchhoff, Commissioner Brown and Mayor 'Youngman,
those voting c~, nc~ne#
fJr iriar~ , e N . 'f 51 ~ - ado ti . an a wi h sli ht r rn n ttt
f M 2D
Previously r7cluded in the Commissioners' packets was a copy of Crdir~ance No, ~ 51~~
as approved by the City Attorney, entitled:
QRD1Al'~CE f~C, X513
Ali QRaINAIVC~ {?F THE. CITY C~#I~MISSIQN CF THE CITY ClA SC~I~A'l~,
M4NTA~lA, AC~QP'1'II~G ~Y R~€I~EIVCE 1`H~ "[}RA1~T CITY C>= BCZE~IAN
ZQNING f~l~DlI~ANC~" ATT~kCHEC H~ETC ANt~ II~~CCRF(~A-TE~ i~Y
G~ 17~2O~pQ
It was waved by Ccmmissinner Smiley, seconded ~y Cammissianer iCirchhpff, that
3rdirt~t~Ce Nc~.15t , a~fo~ting ~~~ int~erin~ z+~rain~ ordinance, with slight rev"rsidns, as the City's
permanent zt~ne code, be finally adopted, with tie xor~e rriap revised to include the zone map
amendment on acres at the southeast corner of the intersection ~f fowler Avenue end
Vilest Babcock Street. The motic~rt carried bythe following Aye and No vote: those voting Aye
being Commissioner Smiley, Cornmissicn~er l~irchhoff, Commissioner Srown, Cornmission~er
rest sd eyt~r Ycun~r~sn; these vctir~g c, r~~ne.
r n ~ , . ~ 1 ~~6 14 an 1 f he ~ z ' `r al
f n ifi _ I # h . Unif r ' _ Ca and #o a
c i~ fi~_o~.!yi~latiort~ thereto
I'revic~~Sly included in the Commissioners' packets was copy of Ordinance No.151 ~ ,
as approved by the City Att+~r-~ey, er~titCed.
CI~~It~AC~GE Q~ 1S1 ~
A~ CI~~IN-~NCF CAF THE CITY Gahdl~lISS1Ql~[ CF TNT CITY a~ Bt~ZEIVfAN,
IOl~r~l~~~ PI~~VIQIfU~ TI~IA~T ~ ~Q~Ei1~AN MuralclFA~~ ~ ~ ~~I~IVQ~u
EVIS~~IG SfCTl~3~ 1~.35.01~ ~F SA1a CCp~, AQCI~TIN~ A~atTli7l~Al.
UN1F~3B~+'1 F1RF GI]~~ STA~I~dDAROS, A~N~ V'ISINC S~CTI~JN ~5,3B.~t
SFC.IIlR1NC ANY lllt}LATICI'~S ~F PUNISH~4~~E A~ A l~1SCtF~IEAI~ttC1~.
It was moved by Commissioner Kirchh~~f, seconded by Commissioner BrownF that
3rdir~ance Noe ~ 51 ~, adoptrxg by reference adtliticrial Uniform Fire Gc~de Standards end
amending the penalty section ther~eta, be finally adopted. The motion carried by the following
Aye and No vot+e~ those voting Aye being Commissioner Kirchhoff, Commisson+sr Brawn,
Commissioner Frost Commissioner Smiley ar~d Mayor Youngman; these voting No, none.
Q4-17-C
1
Chapter 18.02 GENERAL PROVISIONS
Sections: 18.02.010 Citation of ordinance. 18.02.020 Interpretation as minimum requirements.
18.02.010 Citation of ordinance.
This title shall be known and cited as the Zoning Ordinance of the City of Bozeman, except when cited herein, where it shall be referred to as "this title."
18.02.020 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. 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.
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Chapter 18.04
DEFINITIONS
Sections: 18.04.010 Definition of terms and interpretation of language. 18.04.020 Access or access way.
18.04.030 Accessory building or use.
18.04.035 Administrative design review (ADR) staff. 18.04.040 Administrative officer. 18.04.050 Adult business. 18.04.060 Agricultural activity.
18.04.070 Airfield, personal use.
18.04.080 Airport. 18.04.090 Alley. 18.04.100 Animal hospital. 18.04.105 Antenna
18.04.110 Apartment.
18.04.120 Apartment building. 18.04.130 Automobile reduction yard. 18.04.140 Auto salvage yard. 18.04.150 Automobile service station.
18.04.160 Automobile washing establishment.
18.04.170 Bar (Tavern, cocktail lounge). 18.04.180 Basement. 18.04.190 Bed and breakfast home. 18.04.200 Board.
18.04.210 Boardinghouse.
18.04.220 Building. 18.04.230 Building area. 18.04.240 Building envelope. 18.04.250 Building, front line of.
18.04.260 Building, height of.
18.04.270 Building line, required front. 18.04.280 Building line, required rear. 18.04.290 Building line, required side. 18.04.300 Building, principal.
18.04.310 Building, public.
18.04.320 Business. 18.04.330 Campground. 18.04.340 Carport. 18.04.350 Casino.
18.04.360 Cemetery.
18.04.370 Child. 18.04.380 Church. 18.04.390 City. 18.04.400 Club, private (nonprofit).
18.04.410 Commission, city.
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18.04.420 Community residential facility. 18.04.430 Conditional use permit. 18.04.440 Condominium.
18.04.450 Convenience food restaurant.
18.04.460 Convenience use. 18.04.470 Day care center. 18.04.480 Day care home, family. 18.04.490 Day care home, group.
18.04.500 Density, gross.
18.04.510 Density, net residential. 18.04.515 Design review. 18.04.520 Design review board. 18.04.530 Development.
18.04.540 Development review committee.
18.04.550 Deviation. 18.04.560 Drive access. 18.04.570 Drive-in business. 18.04.580 Duplex.
18.04.590 Dwelling.
18.04.600 Dwelling, single-family. 18.04.610 Dwelling, two-family. 18.04.620 Dwelling, multiple (multifamily). 18.04.630 Dwelling unit.
18.04.640 Essential services (Type I).
18.04.650 Essential services (Type II). 18.04.655 FAA 18.04.660 Family. 18.04.665 FCC
18.04.670 Fence.
18.04.680 Final approach and take off area (FATO). 18.04.690 Floodplain. 18.04.700 Floor area, gross. 18.04.710 Floor area, net.
18.04.720 Floor area ratio (FAR).
18.04.730 Garage, private. 18.04.740 Garage, public. 18.04.750 Grade. 18.04.760 Greenhouse.
18.04.770 Greenhouse, commercial.
18.04.780 Ground floor area. 18.04.790 Group home. 18.04.800 Guest house. 18.04.810 Health and exercise establishments.
18.04.820 Home occupation or profession.
18.04.830 Hospital. 18.04.840 Hotel or motel. 18.04.850 Incidental. 18.04.860 Industry, heavy.
18.04.870 Industry, light.
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18.04.880 Junkyard. 18.04.890 Loading and unloading bays. 18.04.900 Lodging house.
18.04.910 Lot.
18.04.920 Lot area. 18.04.930 Lot, corner. 18.04.940 Lot, interior. 18.04.950 Lot, through.
18.04.960 Lot coverage.
18.04.970 Lot depth. 18.04.980 Lot line, front. 18.04.990 Lot line, rear. 18.04.1000 Lot line, side.
18.04.1010 Lot line, zero.
18.04.1020 Lot width. 18.04.1030 Manufactured home. 18.04.1040 Manufacturing. 18.04.1050 Manufacturing, light.
18.04.1060 Master plan.
18.04.1070 Medical offices, clinics and centers. 18.04.1080 Mining. 18.04.1090 Mobile homes. 18.04.1100 Mobile home park.
18.04.1110 Mobile home space.
18.04.1120 Mobile home stand. 18.04.1130 Mobile office. 18.04.1140 Model home. 18.04.1150 Modular or sectional home.
18.04.1160 New construction.
18.04.1170 Noxious matter or material. 18.04.1180 Nonconforming use. 18.04.1190 Nursing home. 18.04.1200 Nursery, plant.
18.04.1210 Offices.
18.04.1220 Open sales (or rental) lot. 18.04.1230 Open space, useable. 18.04.1240 Overlay zone. 18.04.1250 Parking area.
18.04.1260 Parking space, off-street.
18.04.1270 Party wall. 18.04.1280 Paved parking space or surface. 18.04.1290 Personal and convenience services. 18.04.1300 Persons.
18.04.1310 Planning director.
18.04.1320 Property, personal. 18.04.1330 Property, real. 18.04.1340 Recreational vehicle. 18.04.1350 Recreational vehicle park.
18.04.1360 Research laboratory.
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18.04.1370 Restaurant. 18.04.1380 Retail. 18.04.1390 Right-of-way.
18.04.1400 School.
18.04.1410 Screening. 18.04.1420 Setback line. 18.04.1430 Sewer, public. 18.04.1440 Sewer system, community.
18.04.1450 Sign.
18.04.1460 Site plan. 18.04.1465 Small Scale Broadcast Facility. 18.04.1470 Spa. 18.04.1480 Stable, private.
18.04.1490 Street.
18.04.1500 Street, arterial. 18.04.1510 Street, collector. 18.04.1520 Street, local. 18.04.1530 Street frontage.
18.04.1540 Street, public.
18.04.1550 Structure. 18.04.1560 Structure, nonconforming. 18.04.1570 Structural alteration. 18.04.1580 Subdivision or development construction yard.
18.04.1590 Swap meet.
18.04.1600 Swimming pools. 18.04.1605 Tower. 18.04.1610 Townhouse. 18.04.1620 Townhouse cluster.
18.04.1630 Truck service station.
18.04.1640 Truck stop. 18.04.1650 Truck washing establishment. 18.04.1660 Unit, efficiency. 18.04.1670 Use.
18.04.1680 Use, accessory.
18.04.1690 Use, conditional. 18.04.1700 Use, nonconforming. 18.04.1710 Use, permitted. 18.04.1720 Use, principal.
18.04.1730 Use, temporary.
18.04.1740 Variance. 18.04.1750 Variance, dimensional. 18.04.1760 Veterinary clinic. 18.04.1770 Warehouse.
18.04.1780 Warehouse, residential storage (mini-warehouse).
18.04.1790 Watercourse. 18.04.1800 Wholesale establishment. 18.04.1810 Wrecking yard. 18.04.1820 Yard.
18.04.1830 Yard, corner side.
6
18.04.1840 Yard, front. 18.04.1850 Yard, rear. 18.04.1860 Yard, required.
18.04.1870 Yard, side.
18.04.1880 Zoning map. 18.04.010 Definition of terms and interpretation of language. A. All words in this title shall be first defined as provided in this chapter and, if not defined
herein, shall be defined as in the latest edition of The Illustrated Book of Development Definitions
by Harvey S. Moskowitz and Carl G. Lindbloom, and if not defined in The Illustrated Book of Development Definitions, shall have their customary dictionary definitions. For the purposes of
this title certain words and terms used herein are defined as follows:
B. Words used in the present tense include the future tense; words used in the singular
include the plural, and words used in the plural include the singular; the word "shall" is always
mandatory, the word "person" includes a firm, association, organization, partnership, trust, corporation or company, as well as an individual; the word "lot" includes the words "plot" or
"parcel"; the word "building" includes the word "structure"; the words "used" or "occupied," as
applied to any land or building, shall be construed to include the word "intended, arranged, or
designed to be used or occupied"; the words "map" or "zoning map" mean the zoning map(s) of the
zoning jurisdiction of the city that delineate the area to be governed by these regulations.
18.04.020 Access or accessway. "Access or accessway" means the place, mean or way by which pedestrians and vehicles
shall have adequate and useable ingress and egress to property or use as required by this title.
18.04.030 Accessory building or use. "Accessory building or use" means a subordinate building, or portion of the principal
building, located on the same lot as the principal building, or a subordinate use of land, either of
which is customarily incidental to the principal building or to the principal use of land. Where part
of an accessory building is connected to part of the principal building in a substantial manner as by a roof, such accessory building shall be counted as part of the principal building. Individual public
utility installation aboveground are considered accessory buildings.
18.04.035 Administrative design review (ADR) staff.
"Administrative design review (ADR) staff means certain members of the planning staff
charged with the design review, as defined in this chapter, of certain plans and proposals as specified in this title. The organization, composition and procedures of the administrative design
review staff are subject to the requirements of Chapter 18.51.
18.04.040 Administrative officer.
"Administrative officer" means the person designated by city commission or city manager to be responsible for assuring compliance with this title.
18.04.050 Adult business.
"Adult business" means an establishment which advertises, trades, exchanges, transfers,
sells, presents, shows, offers or exhibits materials, activities, reproductions, likenesses, services and/or objects defined as obscene by Section 45-8-201(2), MCA, Adult business as defined in this
section shall include, but need not be limited to, adult bookstores, adult motion picture theaters, rap
studios, massage parlors, exotic dance studios, nude art studios, nude photographic studios and
nude body painting studios.
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18.04.060 Agricultural activity. "Agricultural activity" means the cultivation of the soil or the raising of livestock and all
activities incidental thereto. The terms "farming" and "ranching" shall be interchangeable for
purposes of this title. The term "agricultural activity" shall not include the raising of produce primarily intended for on-premises consumption.
18.04.070 Airfield, personal use.
"Personal use airfield" means any unsurfaced earth or turf area or facility of land which is
privately owned and operated, and is designed, used or intended to be used for landing and taking off by private single-engine, fixed-wing aircraft, not exceeding two hundred horsepower,
including not more than one support building for covered storage and small quantities of supplies.
A personal use airfield as used in this section means an airstrip restricted, except for aircraft
emergencies, to use by the owner which is not directed toward business or commercial functions.
18.04.080 Airport. "Airport" means a licensed facility where commercial, military and private aircraft may
land or take off and where additional space is provided for repairs, services, storage facilities, and
offices and buildings for administration and passenger convenience.
18.04.090 Alley. "Alley" means a permanent public thoroughfare providing a secondary means of access to
abutting lands.
18.04.100 Animal hospital. "Animal hospital" means a place where animals or pets are given medical or surgical
treatment and are cared for during the time of such treatment. Outside pens, kennels or runs are not
permitted as part of an animal hospital operation. The short-term interior boarding is permitted.
18.04.105 Antenna. "Antenna" means one or more rods, panels, discs or similar devices used for the
transmission or reception of radio frequency signals, which may include omni-directional antenna
(rod), directional antenna (panel) and parabolic antenna (disc).
18.04.110 Apartment. "Apartment" means a room or suite of two or more rooms located in an apartment building
or in nonresidential districts as specified in this title. Efficiency units shall qualify as an apartment
under this definition. 18.04.120 Apartment building. "Apartment building" means a building other than a hotel or motel containing five or more
dwelling units.
18.04.130 Automobile reduction yard. "Automobile reduction yard" means any area of land where two or more motor vehicles not
in running condition and/or two or more unlicensed motor vehicles, or parts thereof are stored in
the open and are not being restored to operation; or any land, building or structure used for the
wrecking, dismantling, storage or abandonment of motor vehicles or parts thereof.
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18.04.140 Auto salvage yard. "Auto salvage yard" means a junkyard primarily containing inoperable vehicles. (See
definition of junkyard, Section 18.04.880.)
18.04.150 Automobile service station. "Automobile service station" means an establishment with the primary business function
of the retail sale of gasoline for passenger car use with or without minor service and repair work
incidental to the operation of passenger automobiles.
18.04.160 Automobile washing establishment. "Automobile washing establishment" means a building which has its primary purpose as
washing automobiles. Such facilities shall be considered incidental to automobile service stations
if not more than one auto may be washed at one time and if the service station is clearly the
principal use.
18.04.170 Bar (Tavern, cocktail lounge). "Bar (tavern, cocktail lounge)" means an establishment where alcoholic beverages are
served on premises and where the total sales of alcohol exceeds the total sales of food.
18.04.180 Basement. "Basement" means a portion of a building located partly underground but having not less
than half its floor-to-ceiling height below the average grade of the adjoining ground.
18.04.190 Bed and breakfast home. "Bed and breakfast home" means a single-family dwelling which remains owner-occupied
at all times providing one or more guest rooms for compensation, and where food service is limited
to breakfast which may be served to over-night guests only.
18.04.210 Boardinghouse. See lodginghouse, Section 18.04.900
18.04.220 Building.
"Building" means any structure having enclosed space and a roof for the housing and/or enclosure of persons, animals or chattels, except mobile homes, recreational vehicles and mobile
offices.
18.04.230 Building area.
"Building area" means the maximum horizontal projected area of the principal and accessory building, excluding open steps, terraces, and architectural appurtenances projecting not
more than two feet. Building area, as that portion of a lot upon which construction is permitted, is
as follows: That area of a lot that lies within the boundaries of the front, side and rear yard setback
requirements measured from the actual lot line.
18.04.240 Building envelope.
ABuilding envelope" means that area of a lot lying between the front, rear, and side yard
setback lines and between ground level and the maximum allowable building height, amounting to
the three dimensional area available for potential building construction.
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18.04.250 Building, front line of. "Front line of building" means the line of the face of a building nearest the front lot line.
18.04.260 Building, height of. "Height of building" means the vertical distance measured from grade as defined in this
section to the highest point on the roof or parapet wall. Where a building utilizes multiple roof
styles or pitches, the highest point of each type of roof or parapet wall shall be in conformance with
applicable height regulations as established for the respective roof pitches in each zoning district.
Where the vertical difference between grade as defined in this section is greater than two feet between opposite elevations of the building, the height of the building may be increased by one
foot for every one foot in grade difference up to a maximum of six additional feet.
18.04.270 Building line, required front.
"Required front building line" means the line nearest to the front and across a lot establishing the minimum open space to be provided between the front line of a building and the
front lot line. See also definition of setback line, Section 18.04.1420.
18.04.280 Building line, required rear.
"Required rear building line" means the line nearest to the rear and across a lot establishing the minimum open space to be provided between the rear line of a building and the rear lot line.
See also definition of setback line, Section 18.04.1420.
18.04.290 Building line, required side.
"Required side building line" means the line nearest to the side and extending between the required front building line and required rear building line establishing the minimum open space to be
provided between the side line of a building and the side lot line. See also definition of setback
line, Section 18.04.1420.
18.04.300 Building, principal. "Principal building" means a building in which is conducted the main, or principal, use of the lot
on which the building is situated.
18.04.310 Building, public. "Public building" means a building, supported by government funds, to be used in an
official capacity on behalf of the entire community.
18.04.320 Business. "Business" means the engaging in of the purchase, sale, barter or exchange of goods,
wares, merchandise or service; the maintenance or operation of offices or recreational or
amusement enterprises.
18.04.330 Campground. "Campground" means any area of land used to temporarily accommodate two or more
camping parties, including cabins, tents, recreational vehicles or other camping outfits.
18.04.340 Carport.
10
"Carport" means a structure, open on at least two sides, consisting of a roof and either walls
or columns for the purpose of housing automotive vehicles and other chattels. The structure shall
be considered as an accessory building when detached from the principal building and as a part of
the principal building when attached to the principal building along one or more sides of the
carport or principal building.
18.04.350 Casino. A. ACasino@ means an establishment whose primary use or activity is gambling, either in
the form of gambling machines (video poker, keno, etc.), card games, or other licensed gambling
activity. A casino will normally have beverage and restaurant facilities as ancillary uses. In all
instances, an establishment will be considered a casino for the purpose of these regulations if any of the following characteristics apply:
1. The establishment is referenced as a casino by signage or by name;
2. More than one card table is on the premises;
3. Fifteen or more gambling machines are on the premises
B. An applicant for a casino establishment must obtain a Montana state license to sell alcoholic beverages for consumption on the premises.
18.04.360 Cemetery.
"Cemetery" means land used for the burial of the dead and dedicated for cemetery
purposes, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
18.04.370 Child.
"Child" means a person under twelve years of age.
18.04.380 Church. "Church" means a building, together with its accessory buildings and uses, where persons
regularly assemble for religious worship, and which building, together with its accessory buildings
and uses, is maintained and controlled by a religious body organized to sustain public worship.
18.04.390 City. "City" means the city of Bozeman.
18.04.400 Club, private (nonprofit).
"Private (nonprofit) club" means a nonprofit association of persons who are bona fide members paying annual dues which owns, hires or leases a building, or a portion thereof, the use of
such premises being restricted to member's and their guests.
18.04.410 Commission, city.
"City commission" means the governing body of the city. 18.04.420 Community residential facility.
"Community residential facility" means a single residential structure having common
kitchen facilities occupied by eight or fewer persons having developmental disability and living
together for the purpose of residential training, observation and/or common support, in which care is provided on a twenty-four-hour per day basis. The limitation of eight or fewer persons does not
include the operator of a residential facility, members of the operator's family or persons employed
11
as staff, except that the total number of all persons living at the residential facility shall not exceed
ten.
18.04.430 Conditional use permit.
"Conditional use permit" means legal authorization to construct, develop or operate a conditional use as defined by this title.
18.04.440 Condominium.
"Condominium" means a building or group of buildings in which units are owned
individually and the structure, common areas and facilities are owned by all owners on a proportional, undivided basis. Condominiums may be residential, commercial or industrial in
nature.
18.04.450 Convenience food restaurant.
"Convenience food restaurant" means an establishment whose principal business is the sale
of foods, frozen desserts, or nonalcoholic beverages to the consumer in a ready-to-eat state for consumption either within the premises or for carry-out with consumption either on or off the
premises and whose design or principal method of operation includes both of the following
characteristics:
A. Foods, frozen desserts, or nonalcoholic beverages are usually served in edible
containers or in paper, plastic or other disposable containers; B. The customer is not served food at his/her table by an employee but receives it at a
counter, window or similar facility for carrying to another location for consumption either on or
off the premises.
18.04.460 Convenience use. "Convenience use" means retail commercial uses which have relatively high traffic
generation rates per one thousand square feet compared to other commercial uses. A use is
designated as a convenience use if method of operation includes one or more of the following
characteristics:
A. Retail motor fuel is sold; B. The primary business is the sale of food or drink for consumption, either on or off
premises, over a counter, or from an outdoor service window or automobile service window. Of
the food or drink sold, at least twenty percent is in disposable or carry-out containers;
C. Drive-in and drive-through restaurants.
18.04.470 Day care center. "Day care center" means a place in which supplemental parental care is provided to thirteen
or more children on a regular basis and which is licensed by the department of family services.
18.04.480 Day care home, family. "Family day care home" means a private residence in which supplemental parental care is
provided to three to six children from separate families on a regular basis and which is registered
by the department of family services.
18.04.490 Day care home, group. "Group day care home" means a private residence in which supplemental parental care is
provided to seven to twelve children on a regular basis and which is registered by the department
of family services.
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18.04.500 Density, gross. "Gross density" means the number of residential dwelling units per unit of land.
18.04.510 Density, net residential.
"Net residential density" means the number of residential dwelling units per unit of land, excluding any land used or to be used as arterial streets rights-of-way or private nonresidential
uses. For calculating net residential density, the following formula shall apply:
D = du
A-(c+i+s+a)
Where D = Residential density du = Total number of dwelling units in project
A = Total site area (acres)
c = Total commercial land area (acres)
i = Total industrial land area (acres)
s = Reserved but undedicated school or park sites (acres) a = Street rights-of-way (acres)
18.04.515 Design review.
"Design review" means the aesthetic evaluation of certain development proposals,
including those located in the neighborhood conservation overlay district, entryway overlay district, and all planned unit developments, relative to architectural, site, landscape,
environmental, urban, and other design matters as specified in this title.
18.04.520 Design review board.
"Design review board" means that board appointed by the city commission, charged with the design review, as defined in this chapter, of certain plans and proposals as specified in this title.
The organization, composition and procedures of the design review board are subject to the
requirements of Chapter 18.51.
18.04.530 Development. "Development" means any man made change to improve or alter real estate, including but
not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation
or drilling operations.
18.04.540 Development review committee. A. "Development review committee" means that committee charged with the expressed
intent of reviewing all plans and proposals.
B. The committee shall at a minimum be composed of the following personnel: director of
public service or designee, fire marshal or designee, the superintendent of streets/garbage or
designee, the superintendent of water/sewer or designee, the director of the office of planning and community development or designee, and the building official or designee. When necessary, other
members of the committee may include: the police chief or designee, the superintendent of
parks/cemetery or designee, the recreation superintendent or designee, the city manager or
designee, with other individuals to be included as necessary at the planning director's request.
C. When applicable, the committee may solicit the input of non-city agencies and persons including, but not limited to, the county subdivision review officer or designee, the county
sanitarian or designee, the county road superintendent or designee, state or federal agencies, with
other individuals to be included as necessary.
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18.04.550 Deviation. "Deviation" means a modification of physical standards of this title as applied to a specific
piece of property located within the neighborhood conservation overlay district or entryway
corridor overlay district. A deviation may be permitted only by the city commission.
18.04.560 Drive access. "Drive access" means that area between the curb of a street, or edge of the traveled portion
of a street when no curb exists, and the right-of-way/property line over which the city will permit
vehicular travel from the traveled portion of a street to an individual property, or off-street parking
space(s).
18.04.570 Drive-in business. "Drive-in business" means any business in which people are provided a service or a
product, where a sale is made without the customer being required to leave the vehicle. Such
businesses include, but are not limited to, the following: drive-in theater, drive-in bank, freestanding automated teller machine, drive-in laundry or dry cleaning pickup station, drive-in
restaurant, and any business offering take-home food services.
18.04.580 Duplex.
See definition of dwelling, two-family, Section 18.04.610.
18.04.590 Dwelling. "Dwelling" means a building, or portion thereof, capable of meeting the requirements of
the city's adopted Uniform Building Code, used primarily for residential occupancy, including
single-family, two-family, multiple-family dwellings and group homes, but not including hotels, motels or tourist homes.
18.04.600 Dwelling, single-family.
"Single-family dwelling" means a building used for residential occupancy by one family.
18.04.610 Dwelling, two-family. "Two-family dwelling" means a building, or portion thereof, used for occupancy by two
families living independently of each other with the units completely separated by a common wall,
floor and/or ceiling. Also referred to as "duplex."
18.04.620 Dwelling, multiple (multifamily). "Multiple (multifamily) dwelling" means a building, or portion thereof, used for
occupancy by three or four families living independently of each other, with the units completely
separated by a common wall, floor and/or ceiling.
18.04.630 Dwelling unit. "Dwelling unit" means a dwelling, or portion of a dwelling, used by one household for
residential purposes.
18.04.640 Essential services (Type I). "Essential services (Type I)" means water pumping stations; stormwater drainage facilities
(including collection lines, retention/detention ponds and drainage ways); sanitary sewer and
storm sewer lift stations; local service telephone lines and cables; local service electrical
distribution lines and cables; local service cable television lines; local service electronic data
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transmission lines and cables; water and sanitary sewer distribution and collection lines; public
and amateur radio antennae and towers.
18.04.650 Essential Services (Type II).
"Essential Services (Type II)" means transport gas, oil and coal pipelines (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public
supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm
sewer); public domestic water storage facilities; water fill stations for fire fighting equipment;
telephone satellite community dial offices; telephone exchanges and repeater stations, except those
facilities which may be considered Large Scale Broadcast Facilities and Small Scale Broadcast Facilities; other accessory facilities, equipment and structures; police and fire stations.
18.04.655 FAA.
"FAA" means the Federal Aviation Administration.
18.04.660 Family. "Family" means any individual, or two or more persons related by blood or marriage, or a
group of not more than four persons (excluding servants) who need not be related by blood or
marriage, living together as a single nonprofit housekeeping unit.
18.04.665 FCC. "FCC" means the Federal Communications Commission.
18.04.670 Fence. "Fence" means a barrier constructed of materials erected for the purpose of protection,
confinement, enclosure or privacy.
18.04.680 Final approach and take off area (FATO). "Final approach and take off area (FATO)" means a defined area over which the final phase
of the approach maneuver to hover or landing is completed and from which the takeoff maneuver
is commenced.
18.04.690 Floodplain. All floodplain related definitions can be found in Chapter 18.44, Flood Hazard District, of
this code.
18.04.700 Floor area, gross.
"Gross floor area" means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall
separating two buildings, but not including interior parking spaces, loading space for motor
vehicles, or any space where the floor-to-ceiling height is less than six feet.
18.04.710 Floor area, net. "Net floor area" means the total of all floor areas of a building, excluding stairwells and
elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the
first or ground floor, except when used or intended to be used for human habitation or service to
the public.
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18.04.720 Floor area ratio (FAR). "Floor area ratio (FAR)" means the gross floor area expressed in square feet divided by the
total amount of land of the site or parcel, also expressed in square feet, where the floor area is
located.
18.04.730 Garage, private. "Private garage" means a detached accessory building, or portion of a main building,
designed or primarily used for the storage of self-propelled vehicles for the family housed in the
building to which such garage is accessory.
18.04.740 Garage, public. "Public garage" means any building or premises, except those defined herein as a private
garage, used for the storage or care of motor vehicles; or where such vehicles are equipped for
operation, repaired, or kept for rental, hire or sale.
18.04.750 Grade. "Grade" means the lowest point of elevation of the finished surface of the ground between
the exterior wall of a building and a point five feet distance from the wall, or the lowest point of
elevation of the finished surface of the ground between the exterior wall of the building and the property line if it is less than five feet distance from the wall. If walls are parallel to and within five
feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk,
alley or public way. "Finished surface of the ground" shall not include window wells, stairwells, or
other similar features, but shall include features such as usable patio areas.
18.04.760 Greenhouse. "Greenhouse" means a building or structure constructed chiefly of glass, glass-like
translucent material, cloth, lath or similar materials which is devoted to the protection or
cultivation of flowers or other plants.
18.04.770 Greenhouse, commercial. See definition of nursery, plant, Section 18.04.1200.
18.04.780 Ground floor area.
"Ground floor area" means the square foot area of a building within its largest outside dimension computed on a horizontal plane at the ground floor level, exclusive of open porches,
breezeways, terraces, garages, exterior stairways and secondary stairways.
18.04.790 Group home.
"Group home" means a single, residential structure having common kitchen facilities occupied by not more than eight persons living together for the purpose of training, observation,
and/or common support on a twenty-four-hour per day basis. The limitation of eight or fewer
persons does not include the operator of a residential facility, members of the operator's family or
persons employed as staff, except that the total number of all persons living at the residential
facility shall not exceed ten.
18.04.800 Guest house.
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"Guest house" means an attached or detached accessory building used to house guests of
the occupants of the principal building, and which is never rented or offered for rent. Any guest
house providing cooking facilities shall be considered a dwelling unit.
18.04.810 Health and exercise establishments. "Health and exercise establishments" means an establishment designed and equipped for
the conduct of sports, exercise activities, and other customary and usual recreational activities,
including tennis, racquetball, handball and squash courts, weight and aerobic exercise rooms,
running facilities, swimming pools, and whirlpool and sauna facilities. Permitted accessory uses
shall include child care, sun tanning booths, massage, health and nutrition counseling services, retail sales of sporting goods, and restaurant services.
18.04.820 Home occupation or profession.
"Home occupation or profession" means any use conducted entirely within a dwelling,
which use is clearly incidental and secondary to the use of the dwelling for residential purposes and which meets the requirements of this title.
18.04.830 Hospital.
"Hospital" means an institution for the diagnosis, treatment, or other cure of human
ailments and includes sanitarium or clinic, provided such institution is operated by, or treatment is given, under direct supervision of a physician licensed to practice by the state of Montana.
18.04.840 Hotel or motel.
"Hotel or motel" means a building or a group of buildings, in which lodging is provided
and offered to transient guests for compensation; shall not include a boarding house, lodginghouse or roominghouse.
18.04.850 Incidental.
"Incidental" means any action or use of less importance, or secondary to, any other action
or use.
18.04.860 Industry, heavy. "Heavy industry" means those industries whose processing of products results in the
emission of any atmospheric pollutant, light flashes, or glare, odor, noise or vibration which may
be heard and/or felt off the premises and those industries which constitute a fire or explosion hazard.
18.04.870 Industry, light.
"Light industry" means those industries whose processing of products results in none of the
conditions described for heavy industry.
18.04.880 Junkyard. "Junkyard" means any place at which personal property is or may be salvaged for reuse,
resale, or reduction or similar disposition and is owned, possessed, collected, accumulated,
dismantled or sorted, including but not limited to: use of salvaged base metal or metals, their compounds or combinations; used or salvaged rope, bags, rags, glass, rubber, lumber, millwork,
brick, automobiles and similar property which are used, owned or possessed for the purpose of
wrecking or salvaging parts therefrom.
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18.04.885 Large Scale Broadcast Facility. "Large Scale Broadcast Facility" means a facility, twenty feet or greater in height from the
base to the highest point including attachments, designed and constructed specifically to support
one or more antennae and may include a monopole, self supporting (lattice) tower, guy-wire
supported tower, and other similar structures and/or a facility broadcasting in the electromagnetic spectrum with 1,000 watts or greater Effective Radiated Power. When calculating the height of a
facility, other structures designed for other uses such as office buildings or water towers shall not
be included in the calculation.
18.04.890 Loading and unloading bays. "Loading and unloading" bays means the off-street area required for the receipt of or
distribution, by vehicles, of material or merchandise.
18.04.900 Lodginghouse.
"Lodginghouse" means a building with more than two but not more than ten guest rooms where lodging with or without meals is provided for compensation. Also referred to as a
boardinghouse.
18.04.910 Lot.
"Lot" means a piece, parcel, plot, tract or area of land occupied or capable of being occupied by one or more principal buildings, and the accessory buildings or uses customarily
incidental to them, and including the open spaces required under this title, and having its principal
lot frontage on a street.
18.04.920 Lot area. "Lot area" means the total horizontal area within the boundary lines of a lot.
18.04.930 Lot, corner.
A lot at a junction of and fronting on two or more intersecting streets.
18.04.940 Lot, interior. A lot other than a corner or through lot.
18.04.950 Lot, through.
A lot having frontage on two parallel or approximately, parallel streets.
18.04.960 Lot coverage. The percentage of the lot area covered by buildings.
18.04.970 Lot depth. The horizontal distance of a line measured at a right angle to the front lot line and running
between the front lot line and rear lot line of a lot.
18.04.980 Lot line, front.
In the case of an interior lot, a line separating the lot from the street, in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street and in the case of a
through lot, a line separating the lot from the street from which a drive access may be permitted by
the city.
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18.04.990 Lot line, rear. A lot line which is opposite and most distant from the front lot line and, in the case of an
irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the
maximum distance from the front lot line.
18.04.1000 Lot line, side. Any lot boundary line not a front lot line or a rear lot line.
18.04.1010 Lot line, zero.
A concept utilized to permit a wall of a building to be located on a property line.
18.04.1020 Lot width. The distance as measured in a straight line, between side lot lines at the points of
intersection with the required front building line.
18.04.1030 Manufactured home. See definition of mobile home, Section 18.04.1090.
18.04.1040 Manufacturing. The creation of products either with machinery or by hand according to an organized plan
and with the division of labor.
18.04.1050 Manufacturing, light.
Fabrication of and/or assembly of goods from previously prepared materials.
18.04.1060 Master plan. "Master plan" means the Bozeman master plan.
18.04.1070 Medical offices, clinics and centers. An establishment where patients are admitted for special study and treatment by licensed
health care professionals.
18.04.1080 Mining.
The extraction of sand, gravel, or other material from the land in the amount of four hundred cubic yards or more and the removal thereof from the site without processing.
18.04.1090 Mobile homes.
"Mobile home" means a factory-assembled structure or structures, exceeding eight feet in
width, originally equipped with the necessary service connections and originally made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as a
dwelling unit(s) without a permanent foundation, whether or not the running gear has been
removed. See also definition of manufactured home, Section 18.04.1030.
18.04.1100 Mobile home park. "Mobile home park" means any plot of ground upon which two or more mobile homes,
occupied or intended to be occupied for dwelling or sleeping purposes, are located.
18.04.1110 Mobile home space.
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"Mobile home space" means a plot of ground within a mobile home park designed for the
accommodation of one mobile home.
18.04.1120 Mobile home stand.
"Mobile home stand" means that portion of an individual mobile home space which has been reserved for the placement of a mobile home and structures or additions appurtenant to the
mobile home.
18.04.1130 Mobile office.
"Mobile office" means a factory assembled structure or structures exceeding eight feet in width, originally equipped with the necessary service connections, and originally made so as to be
readily movable as a unit or units on its (their) own running gear and designed to be used as an
office without a permanent foundation, in compliance with all applicable state regulations,
whether or not the running gear has been removed.
18.04.1140 Model home.
"Model home" means a home constructed to display a builder's for sale or lease units but
which does not serve as a dwelling unit until sold as a residence.
18.04.1150 Modular or sectional home. "Modular or sectional home" means a dwelling unit mass produced in a factory, designed
and constructed for transportation to a site for occupancy when connected to the required utilities
and when permanently anchored to a permanent foundation, and whether intended for use as an independent, individual unit or in combination with other units to form a larger building.
18.04.1160 New construction. "New construction" means development commenced on or after the effective date of the
ordinance codified in this title.
18.04.1170 Noxious matter or material. "Noxious matter or material" means material capable of causing injury to living organisms
by chemical reaction or capable of causing detrimental effects on the physical or economic
well-being of individuals.
18.04.1180 Nonconforming use. See definition of use, nonconforming, Section 18.04.1700.
18.04.1190 Nursing home.
"Nursing home" means an extended or intermediate care facility licensed or approved to provide fulltime convalescent or chronic care to individuals who, by reason of advanced age,
chronic illness or infirmity, are unable to care for themselves.
18.04.1200 Nursery, plant.
"Plant nursery" means facilities for commercial development, growth and sale of plants and/or for the utilization of and storage of equipment for landscaping operation and wholesale
and/or retail or commercial gardening supplies.
18.04.1210 Offices.
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"Offices" means structures, or portions of structures, in which commercial activities take
place but where goods are not produced, sold or repaired. These include: general and professional
offices; governmental offices; insurance offices; real estate offices taxi-cab offices (but not taxi
stands); travel agency or transportation ticket offices; telephone exchange; utility offices; radio
broadcasting and similar uses.
18.04.1220 Open sales (or rental) lot. "Open sales (or rental) lots" means any land used or occupied for the purpose of buying,
selling or renting for use away from the premises, any goods, materials or merchandise, and for the
exterior storing of same prior to sale or rental.
18.04.1230 Open space, useable. That space which is capable of being used by the public for recreation, relaxation and
social purposes. Parking lots and perimeter landscaping are specifically excluded from this
definition of useable open space.
18.04.1240 Overlay zone. "Overlay zone" means a zone superimposed upon an underlying zone which establishes
special requirements in addition to, or in lieu of, those of the underlying zone.
18.04.1250 Parking area.
"Parking area" means an area, other than a street or alley designated for use, or used, as temporary parking of vehicles.
18.04.1260 Parking space, off-street.
"Parking space, off-street" means a space designated for the temporary parking of a motor
vehicle not on the right-of-way or alley but accessible from a street or alley.
18.04.1270 Party wall. "Party wall" means any wall of a building or structure which is common to two or more
buildings, and which has a minimum of one-hour fire-resistant construction as defined and
regulated by the latest adopted Uniform Building Code.
18.04.1280 Paved parking space or surface. "Paved parking space or surface" means an area covered by an impervious dust free surface
of asphalt or concrete designed to specifications of the director of public service.
18.04.1290 Personal and convenience services. "Personal and convenience services" means businesses offering services such as
barbershops, beauty shops, shoe repair, laundromats, laundry and dry cleaning pickup and delivery
stations, and similar uses.
18.04.1300 Persons. "Persons" means and includes any individual or group of individuals, corporations,
partnerships, associations, or any other organized group of persons, including state and local
governments and agencies thereof.
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18.04.1310 Planning director. "Planning director" means the director of the Bozeman office of planning and community
development and the person charged with the administration of this title.
18.04.1320 Property, personal. "Personal property" means property, other than real property, consisting of things temporal
and movable.
18.04.1330 Property, real. "Real property" means property consisting of buildings and/or land.
18.04.1340 Recreational vehicle.
"Recreational vehicle" means a vehicular type portable structure without permanent
foundation, which can be towed, hauled or driven primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel
trailers, truck campers, camping trailers and self-propelled motor homes less than eight feet in
width and thirty-three feet in length.
18.04.1350 Recreational vehicle park. "Recreational vehicle park" means a plot of ground upon which two or more sites are
located, established or maintained for occupancy by the general public as temporary living
quarters for travel, recreation or vacation purposes.
18.04.1360 Research laboratory. "Research laboratory" means an establishment or facility for carrying on investigation in
the natural, physical or social sciences, or engineering and development as an extension of
investigation with the objective of creating end products.
18.04.1370 Restaurant. "Restaurant" means any restaurant (except a drive-in restaurant or a convenience food
restaurant as defined in this chapter), coffee shop, cafeteria, short-order cafe, luncheonette,
sandwich stand, drugstore, and soda fountain serving food.
18.04.1380 Retail. "Retail" means the sale of tangible personal property for any purpose other than for resale.
18.04.1390 Right-of-way. A public way established or dedicated for public purposes by duly recorded plat, deed,
grant, governmental authority or by operation of the law.
18.04.1400 School. "School" means 1) any pre-primary, primary or grammar, public, parochial or private
school, high school; 2) preparatory school or academy, public or founded, or owner or conducted
by or under the sponsorship of a religious or charitable organization; 3) private preparatory school
or academy furnishing courses of instruction substantially equivalent to the courses offered by public high schools for preparation of admission to college or universities which award B.A. or
B.S. degrees; 4) junior college or university, public or founded or conducted by or under the
sponsorship of a religious or charitable organization; or 5) private school when not conducted as a
commercial enterprise for the profit of individual owners or stockholders.
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18.04.1410 Screening. "Screening" means a solid or nearly solid barrier (i.e., wall, fence, plantings) constructed or
installed for the purpose of visual separation.
18.04.1420 Setback line. "Setback line" means that line that is required minimum distance from the street
right-of-way or public access easement line or any other lot line that establishes the area within
which structures must be placed, as specified in this code.
18.04.1430 Sewer, public. "Public sewer" means any sanitary sewer line owned and maintained by the city, whether
or not installed by the city.
18.04.1440 Sewer system, community. "Community sewer system" means any sanitary sewer system, whether treatment plant,
septic tank or lagoon designed with a sewer collection system to be used by a legally constituted
association of properly owners. The system may or may not be a public system.
18.04.1450 Sign. Sign-related definitions can be found in Chapter 18.65, sign code, of this title.
18.04.1460 Site plan.
"Site plan" means a scale drawing showing the accurate location of all structures, streets,
alleys, and parking areas existing and proposed on subject property or any other information as may be required by this title.
18.04.1465 Small Scale Broadcast Facility.
"Small Scale Broadcast Facility" means a facility, less than twenty feet in height from the
base to the highest point including attachments, designed and constructed specifically to support one or more antennae and may include a monopole, self supporting (lattice) tower, guy-wire
supported tower, and other similar structures and/or a facility broadcasting in the electromagnetic
spectrum with less than 1,000 watts Effective Radiated Power. When calculating the height of a
facility other structures designed for other uses such as office buildings or water towers shall not
be included in the calculation. This definition excludes private, receive only, antennae such as for the reception of television signals.
18.04.1470 Spa.
See definition of health and exercise establishments, Section 18.04.810.
18.04.1480 Stable, private. "Private stable" means any building located on a lot which is designed, arranged, used or
intended to be used for not more than four horses for the private use of the owner of the lot, but
shall not exceed six thousand square feet in area.
18.04.1485 Stealth or Camouflaged. "Stealth" or "Camouflaged" means placement of a telecommunications facility in such a
way that it may not be discerned as being separate from the principal use of a site. This may be
accomplished through visual screening, use of color, or encasement of the facility within an
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existing structure such as a steeple. A stealth installation may also include the placement of a new
structure to contain the facility so long as the new structure complies with the height, setback, and
other requirements of the zoning code or is otherwise exempt from those requirements.
18.04.1490 Street. "Street" means a right-of-way, other than an alley, dedicated or otherwise legally
established for public use, usually affording the principal means of access to abutting property.
18.04.1500 Street, arterial. "Arterial street" means a street so designated in the Bozeman master plan.
18.04.1510 Street, collector.
"Collector street" means a street so designated in the Bozeman master plan.
18.04.1520 Street, local. "Local street" means a street designed to provide vehicular access to abutting properties
and to discourage through traffic.
18.04.1530 Street frontage. "Street frontage" means any property line separating a lot from a street; the front lot line.
18.04.1540 Street, public.
"Public street" means any street which has been dedicated or is otherwise publicly owned
by the city. Any street not a public street shall be deemed a private street.
18.04.1550 Structure. "Structure" means anything constructed or erected which requires location on the ground.
18.04.1560 Structure, nonconforming. "Nonconforming structure" means any structure which was legal prior to the effective date
of the ordinance codified in this chapter which fails to comply with the building location standards,
and/or size requirements of the applicable zone of this title in which it is located.
18.04.1570 Structural alteration. "Structural alteration" means any change in the supporting members of a building, such as
bearing walls or partitions, columns, beams, or girders, or any change in the exterior walls or the
roof.
18.04.1580 Subdivision or development construction yard. "Subdivision or development construction yard" means a temporary office and/or
vehicular and material storage yard.
18.04.1590 Swap meet.
"Swap meet@ means any permanent or temporary sales or lot where the sale or trade of
goods, materials and merchandise takes place outside any permanent structure, from within temporary structures or from vehicles and where several sellers or traders may congregate for the
purpose of selling or trading.
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18.04.1600 Swimming pools. "Swimming pool" means either a portable or permanent water container used for
recreational purposes which at its deepest point is over eighteen inches and has a volume in excess
of one hundred fifty cubic feet of water.
18.04.1605 Tower. "Tower" means a structure greater than ten feet in height designed and constructed
specifically to support one or more antennae and may include a monopole, self supporting (lattice)
tower, guy-wire supported tower, and other similar structures. A tower does not include other buildings or structures designed for other uses such as a tall office building or water tank.
18.04.1610 Townhouse.
"Townhouse" means a single-family dwelling constructed as part of a series of dwellings,
all of which are either attached to the adjacent building and/or buildings by party walls, or are located immediately adjacent thereto without any visible separation between walls or roof, all of
which dwellings may be located on individual and separate lots, if individually owned, or upon a
single lot, if under common ownership.
18.04.1620 Townhouse cluster. "Townhouse cluster" means a building consisting of three or more noncommunicating,
attached one family units placed side by side and/or back to back, with no unit located over
another, and having a common wall between each two adjacent dwelling units.
18.04.1630 Truck service station. "Truck service station" means an occupancy which provides especially for the servicing of
trucks, with incidental operations similar to those permitted for automobile ' service stations.
18.04.1640 Truck stop.
A. "Truck stop" means a facility for the servicing of diesel powered trucks and tractor trailers. A truck stop shall mean any one or more of the following:
1. Four or more diesel fuel dispensers;
2. Two or more bays for truck washing;
3. Facilities for diesel engine repair.
B. Other uses present at the same facility such as convenience markets or restaurants shall not be determinative of whether or not the facility is a truck stop.
18.04.1650 Truck washing establishment.
"Truck washing establishment" means a facility designed to primarily serve to semi-trailer
and tractor travel as a place to have such vehicles cleaned.
18.04.1660 Unit, efficiency. "Efficiency unit" means a dwelling unit containing only one habitable room as defined and
regulated by the latest adopted Uniform Building Code.
18.04.1670 Use. "Use" means the employment or occupation of a building, structure or land for a person's
service, benefit or enjoyment.
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18.04.1680 Use, accessory. See definition of accessory building or use, Section 18.04.030.
18.04.1690 Use, conditional. "Conditional use" means either a public or private use as listed in this title which, because
of its unique characteristics, cannot be properly classified as a principal use or accessory use in a
particular district. After consideration in each case of the impact of such use upon neighboring
land and of the public need for the particular use at the particular location, a permit for such
conditional use may or may not be granted, with or without conditions, in addition to any condition specifically stated in this title for any particular conditional use, including time limits, pursuant to
the requirements of this title.
18.04.1700 Use, nonconforming.
"Nonconforming use" means an existing use of land or building which was legal prior to the effective date of the ordinance codified in this title but which fails to comply with the
requirements set forth in this title applicable to the zone in which such use is located.
18.04.1710 Use, permitted.
"Permitted use" means a use which is lawfully established in a particular district or districts and which conforms with all requirements, regulations, and performance standards of such district.
A permitted use may be a principal use, an accessory use, or a conditional use.
18.04.1720 Use, principal.
"Principal use" means a use or structure which determines the predominant or major use of the lot on which it is located. The principal use shall be that use which establishes the character of
the property relative to surrounding or adjacent properties.
18.04.1730 Use, temporary.
"Temporary use" means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
18.04.1740 Variance.
"Variance" means a modification or variation of the provisions of this title as applied to a
specific piece of property. No variance regarding use of property shall be permitted. Variance may be permitted only by the city commission.
18.04.1750 Variance, dimensional.
"Dimensional variance" means departure from the terms of the zoning regulations
pertaining to height or width or structures and size of yard and open spaces where such departure will not be contrary to the public interest and where, owing to conditions peculiar to the property
because of its size, shape or topography, and not as a result of the action of the applicant, the literal
enforcement of the zoning regulations would result in unnecessary and undue hardship.
18.04.1760 Veterinary clinic. See definition of animal hospital, Section 18.04.100.
18.04.1770 Warehouse.
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"Warehouse" means an enclosed building designed and used primarily for the storage of
goods and materials.
18.04.1780 Warehouse, residential storage (mini-warehouse).
"Residential storage warehouse (mini-warehouse)" means a building or group of buildings in a controlled access and fenced or screened compound that contains relatively small storage
spaces of varying sizes and/or spaces for recreational vehicles or boats, having individual,
compartmentalized and controlled access for the dead storage of excess personal property of an
individual or family generally stored in residential accessory structures, when such building or
group of buildings are not located on the lot of the residence.
18.04.1790 Watercourse. "Watercourse" means any natural stream, river, creek, drainage, waterway, gully, ravine or
wash in which water flows either continuously or intermittently and has a definite channel, bed and
banks, and includes any area adjacent thereto subject to inundation by reason of overflow. The term watercourse shall not be construed to mean any facility created exclusively for the
conveyance of irrigation water.
18.04.1800 Wholesale establishment.
"Wholesale establishment" means an establishment for the sale of goods and merchandise for resale instead of for direct consumption.
18.04.1810 Wrecking yard.
"Wrecking yard" means a place, lot or area where the primary function is that of
dismantling, storage, abandonment or sale of goods and materials as parts or scraps.
18.04.1820 Yard. "Yard" means a space on the same lot with a principal building, which is open and
unoccupied from the ground upward or from the ground downward other than by steps, walks,
terraces, driveways, lamp posts and similar structures, and unobstructed by structures, except as otherwise provided in this title.
18.04.1830 Yard, corner side.
"Corner side yard" means a yard on a corner lot the area of which is bounded by a line
extending from the front of the principal building (the front building line) to a point intersecting the side street right-of-way line (side lot line), then along the side lot line to a point intersecting the
rear lot line, then along the rear lot line to a point intersecting the line formed by extending the wall
of the nearest principal building paralleling the side lot line.
18.04.1840 Yard, front. "Front yard" means a yard extending across the full width of the lot between two side lot
lines the depth of which is the least distance between the street right-of-way and the front building
line.
18.04.1850 Yard, rear. "Rear yard" means a yard extending across the full width of the lot between the two side lot
lines and between the rear line and a parallel line tangent to the rear of the principal building and
the depth of which is the least distance between the rear lot line and the parallel line.
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18.04.1860 Yard, required. "Required yard" means the minimum dimension of a front, side or rear yard as established
by the use regulations for each district. See also definition of building line, required, Sections
18.04.270 through 18.04.290.
18.04.1870 Yard, side. "Side yard" means a yard extending between the front building line and the rear building
line, the width of which is the least distance between the side lot line and the nearest part of the
principal building.
18.04.200 Zoning Commission. "Zoning commission" means the Bozeman zoning commission, the appointed body
responsible for making recommendations to the city commission relative to this title and the
zoning jurisdiction of the city.
18.04.1880 Zoning map. A map or maps with all notations, dimensions, references and symbols shown thereon
depicting individual zoned districts in accordance with this title.
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Chapter 18.06
ZONING DISTRICTS AND ZONING MAP
Sections: 18.06.010 Use districts designated Zoning map adopted. 18.06.020 Official map-Availability, certification and authority Changes.
18.06.030 Official map-Replacement conditions.
18.06.040 Boundary interpretation guidelines. 18.06.050 Zoning of annexed territory. 18.06.060 Classification of particular uses - Planning director and city commission authority.
18.06.010 Use districts designated-Zoning map adopted. A. The city is divided into zones, or districts, as shown on the official zoning maps which,
together with all explanatory matter thereon, are adopted by references and declared to be a part of
this title.
B. For the purpose of this title, the city is divided and classified into the following use
districts:
A-S Agricultural Suburban District
R-S Residential Suburban District
R-1 Residential Single-Family, Low Density District
R-2 Residential Single-Family, Medium Density District R-2a Residential Single-Family, Medium Density District
R-3a Residential Two-Family, Medium Density District
R-3 Residential Medium Density District
R-4 Residential High Density District
R-O Residential Office District B-1 Neighborhood Business District
B-2 Community Highway Business District
B-3 Central Business District
M-1 Light Manufacturing District
M-2 Manufacturing and Industrial District BP Business Park District
HMU Historic Mixed Use
PLI Public Lands and Institutions District
NC Neighborhood Conservation Overlay District
EO Bozeman Area Entryway Overlay District FH Flood Hazard Overlay District (refer to Federal Insurance Rate Maps for locations)
R-MH Residential-Mobile Home District.
18.06.020 Official map-Availability, certification and authority - Changes.
A. The official maps shall be available in the office of the planning director and shall bear certificate with the signature of the mayor attested by the clerk of the commission and the date of
adoption of the ordinance codified in this title.
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B. The certificate should read as follows:
This is to certify that this is an Official Zoning Map referred to in Section of Ordinance
Number of the City of Bozeman, Montana.
Mayor ____________________________
Attested ___________________________
Date of Amendment _________________
C. If any changes to the map are made by amendment of this title in accordance with Chapter
18.55 hereof, such changes shall be made to the official zoning maps and signed, dated and certified upon the map or upon the material attached thereto.
D. Regardless of the existence of purported copies of the official zoning maps, which may
from time to time be made or published, the official zoning maps kept in the city offices by the
planning director shall be the final authority as to the current zoning status of land and water areas,
buildings, and other structures in the city.
18.06.030 Official map-Replacement conditions. A. In the event that the official zoning maps become damaged, destroyed, lost or difficult
to interpret because of the nature or number of changes or additions thereto, the city commission
may adopt and certify new official zoning maps which shall supersede the prior official zoning maps. The new official zoning maps may correct drafting or other errors or omissions in the prior
map, but no such corrections shall have the effect of amending the original official zoning maps or
any subsequent amendment thereof.
B. The new official zoning maps shall be identified by signature of the mayor attested by
the clerk of the commission. The certificate should read as follows:
This is to certify that this official Zoning Map supersedes and replaces the Official Zoning Map
adopted as part of Ordinance Number _______ of the City of Bozeman, Montana.
Mayor ____________________________
Attested ___________________________ Date of Amendment __________________
18.06.040 Boundary interpretation guidelines.
A. Where uncertainly exists as to the boundaries of districts as shown on the official zoning
map, the boundaries shall be interpreted as following the nearest logical line to that shown: 1. Boundaries indicated as approximately following the centerline of streets, highways or
alleys shall be construed to follow such centerlines;
2. Boundaries indicated as approximately following platted lot lines shall be construed as
following such lot lines;
3. Boundaries indicated as approximately following city limits shall be construed as following such city limits;
4. Boundaries indicated as following railroad lines shall be construed to be midway
between the main track(s);
5. Boundaries indicated as following the centerline of streams, rivers, canals, or ditches
shall be construed to follow such centerlines; 6. Boundaries indicated as parallel to or extensions of features indicated on the official
zoning map shall be determined by the scale of the map.
B. Where physical or cultural features existing on the ground are at variance with those
shown on the official zoning map or where other circumstances or controversy arise over district
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boundaries; the planning director shall interpret the district boundary such interpretation may be
subject to appeal to the city commission.
C. Where district boundaries divide a lot or parcel into two or more districts, the entire lot
or parcel shall be deemed to have only the characteristics and uses of the most restrictive district
that any part of the lot or parcel rests within. However, for properties which lie partially within a specified overlay district, the planning director, may determine that overlay district regulations
shall apply only to that portion of the property lying within the specified overlay district. The
criteria for making such a determination shall include an evaluation of site topography and the
degree to which the development portion of the property lying outside of the overlay district is
integrated with the development lying within the district. 18.06.050 Zoning of annexed territory. A. All territory which may hereafter be annexed to the city shall be, in conjunction with the
annexation, zoned to the most similar or nearest zoning classification district applied to the
territory by any county zoning ordinance prior to the annexation. The city commission shall determine the appropriate zoning for any and all areas to be annexed to the city but shall request a
recommendation from the zoning commission and shall take into consideration the Bozeman
master plan.
B. In lieu of subsection A of this section above, when such zoning of annexed territory is to be
effective at the time of such annexation and is to be different from the most similar or nearest classification district applied to the territory by any county zoning ordinance prior to the
annexation, the city commission shall have previously requested a recommendation from the
zoning commission, taking into account the Bozeman master plan, in order that the city
commission may determine the proper zoning by zoning amendment to be effective upon the
effective date of such annexation.
18.06.060 Classification of particular uses - Planning director and city commission authority.
A. The planning director shall determine the appropriate classification of a particular use.
In making this determination, the planning director shall find: 1. That the use is the same as one or more uses permitted in the district wherein it is
proposed to be located or,
2. That the use is so similar to one or more uses permitted in the district wherein it is
proposed to be located as to be interpreted as the same, so long as:
a. The use and its operation are compatible with the uses permitted in the district wherein the use is proposed to be located,
b. The use will not cause substantial injury to values of property in the neighborhood or
district wherein it is proposed to be located, and
c. Neither the intent of this title nor the intent of the district will be abrogated by such
classification. B. If a question arises concerning the appropriate classification of a particular use, the
planning director may submit the question to the city commission to determine whether the
particular use is the same, or so similar as to be interpreted the same as a listed permitted or
conditional use. In making such a determination, the city commission shall find that the criteria set
forth in either subsection (A)(1) or (A)(2) of this section are met. C. If a specific use is not listed and cannot be interpreted to be the same, or so similar so as
to be interpreted the same, as a listed permitted or conditional use, the use shall not be allowed.
However, a zoning code amendment may be submitted for review and approval pursuant to the
requirements of this title to allow such use as a listed permitted or conditional use.
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Chapter 18.08
APPLICATION OF REGULATIONS
Sections: 18.08.010 Application of regulations. 18.08.020 Compliance with zoning regulations required.
18.08.030 Area requirements for individual buildings - Restrictions.
18.08.040 Yards and lots-Reduction prohibited. 18.08.010 Application of regulations. The regulations set by this title shall be minimum regulations and all regulations as
categorized shall apply uniformly to each class or kind of structure or land and particularly the
regulations which follow.
18.08.020 Compliance with zoning regulations required. No building, structure or land shall hereafter be used or occupied, and no building,
structure or part thereof shall hereafter be erected, constructed, 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. To the maximum extent possible,
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
design review board and development review committee.
18.08.030 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 Section 18.50.120 of this title.
18.08.040 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.
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Chapter 18.10 A-S AGRICULTURE SUBURBAN DISTRICT
Sections: 18.10.010 Intent. 18.10.020 Permitted uses. 18.10.030 Lot area and width.
18.10.040 Lot coverage.
18.10.050 Yards. 18.10.060 Building height. 18.10.070 Animal enclosure setbacks.
18.10.010 Intent.
The intent of the A-S agriculture suburban district is to encourage cluster development so that areas of agriculture and areas of environmental concern are preserved. It is intended that
through the use of this district, agricultural pursuits and/or open space will be preserved and
environmental pursuits and/or open space will be preserved and environmental concerns, such as
high water table and floodplains, will be protected.
18.10.020 Permitted uses. Permitted uses in the A-S district are as follows:
A. Principal Uses.
Agricultural uses
One-family dwellings One-family mobile homes on permanent foundations which meet all the requirements of
Section 18.50.180
Essential services (Type I)
Family day care home
Group day care home Nursery, plant
Public parks
B. Conditional Uses.
Airfield, personal use Bed and breakfast homes
Churches
Community residential facilities
Day care centers
Essential services (Type II) Golf courses
Group homes
Hunting and fishing clubs
Public and private parks and playgrounds
Veterinary uses Recreational vehicle parks and campgrounds
Residence for owner or caretaker of recreational vehicle parks and campgrounds
Schools
Temporary sales and office buildings
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2
Any use approved as part of a planned unit development subject to the provisions of
Chapter 18.54
C. Accessory Uses.
FCC earth stations Fences
Greenhouses
Guesthouses
Home occupations
On-premise sale of products produced thereon Private garages
Private or jointly owned community center recreation facilities, pools, tennis courts and spas
Signs, subject to Chapter 18.65
Single-family or multifamily dwellings to house employees working on the farm or ranch
Temporary buildings and yards incidental to construction work Tool sheds for storage of domestic supplies.
Other buildings and structures typically accessory to residential and agricultural uses.
18.10.030 Lot area and width.
A. Standard Development Option. Minimum lot area in the A-S district shall be twenty acres, with a lot width not less than six hundred sixty feet.
B. Cluster Development Option.
1. This option is intended to encourage land reassemblage and cluster development, or other
planned development meeting the intent of the Bozeman master plan update.
2. For developments using this option density bonuses over the one dwelling unit per twenty acres may be permitted where the land to be subdivided consists of at least twenty-five acres, and
where the average net size of residential lots is limited to not more than one acre, thereby
maximizing the amount of land remaining in agricultural production or open space.
3. Any development using the cluster development option shall be subject to the
requirements of Figure 18.10.030, Cluster Density Bonuses. However, additional density bonuses may be available where the proposed development enhances and/or preserves identified
community interests such as wildlife habitat, open space corridors, ridge lines or riparian areas.
C. Planned Unit Development (PUD) Option. Lot area and width in the A-S district may be
determined through a PUD review process, subject to the provisions of the master plan, and in
relation to urban growth area and existing sewer service boundary lines as depicted therein. This option is intended to encourage creative planned developments.
18.10.040 Lot coverage.
Not more than five percent of the lot area in the A-S district shall be covered by the principal
and accessory buildings.
18.10.050 Yards. Every lot in the A-S district shall have the following minimum yards:
Front yard 35 feet
Rear yard 25 feet Side yards 25 feet each side.
18.10.060 Building height.
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3
A. In the A-S district, maximum building height for buildings designed and constructed for
human occupancy shall be as follows:
1. Roof pitch greater than 6:12- thirty-four feet;
2. Roof pitch 3:12 or greater but not greater than 6:12 -thirty feet; and
3. Roof pitch less than 3:12-twenty- four feet. B. Only structures necessary for agriculture uses may exceed these allowable heights.
18.10.070 Animal enclosure setbacks.
Except for pastures, any stable, barn, hutch, pen, shed or other such structure built to enclose
or house animals or fowl shall be not less than fifty feet from any structure used for human occupancy.
4
4
5
5
Figure 18.10.030
CLUSTER DRIVEN DENSITY BONUSES
Size of
Tract
to be
Developed
(in acres)
0
20
40
60
80
100
120
Number of Dwelling Units Permitted
1 2 3 4 5 10 15 20 25 30
Continued
as a
Straight Line
Projection
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6
Chapter 18.12 R-S RESIDENTIAL-SUBURBAN COUNTRY ESTATES DISTRICT
Sections: 18.12.010 Intent. 18.12.020 Permitted uses. 18.12.030 Lot area and width.
18.12.040 Lot coverage and floor area.
18.12.050 Yards. 18.12.060 Building height. 18.12.010 Intent.
A. The intent and purpose of the R-S residential suburban country estates districts lying
outside the urban growth area boundary as depicted in the master plan is to allow single-family development on lots not smaller than one acre, or at the maximum density allowed by State
Department of Health regulations, in accordance with normal subdivision review procedures.
B. Any area lying within the urban growth area boundary as depicted in the plan, and which
was zoned R-S residential-suburban country estates, but not platted, subdivided or considered
part of an approved master plan or phased development prior to the effective date of the ordinance codified in this title, or any newly designated R-S districts lying within the same area,
shall be subject to the provisions of Chapter 18.54, Planned Unit Development, and shall be
developed in compliance with the adopted Bozeman master plan, and more particularly the
planned unit development requirements of the suburban residential land use classification.
18.12.020 Permitted uses. Permitted uses in the R-S district are as follows:
A. Principal Uses.
Agricultural uses on two and one-half acres or more, including barns and animal
shelters and the keeping of animals and fowl, together with their dependent young, as hereinafter set forth per two and one-half 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.)
One-family dwellings
One-family mobile homes on permanent foundations which meet all the requirements of Section 18.50.180
Essential services (Type I)
Family day care home
Group day care home
Public and private parks and playgrounds.
B. Conditional Uses.
Agricultural uses on less than two and one half acres
Churches
Community residential facilities Day care centers
Essential services (Type II)
FCC earth stations
Golf courses
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Group homes
Veterinary uses
Other recreational uses
Schools
Temporary sales and office buildings Any use approved as part of a planned unit development subject to the provisions of
Chapter 18.54.
C. Accessory Uses.
Fences Greenhouses
Guesthouses
Home occupations
Private garages
Private or jointly owned community center recreational facilities, pools, tennis courts and spas
Signs, subject to Chapter 18.65
Temporary buildings and yards incidental to construction work
Tool sheds for storage of domestic supplies
Other building and structures typically accessory to residential or agricultural uses.
18.12.030 Lot area and width. A. Lot area and width for newly created lots in R-S districts lying within the designated
urban growth area shall be determined through the PUD review procedures set forth in Chapter
18.54, in compliance with the adopted Bozeman master plan. B. Minimum lot area for newly created lots in R-S districts lying outside of the designated
urban growth area shall be one acre or at the maximum density allowed by State Department of
Health regulations. Lot width shall be a minimum of one hundred fifty feet unless a community
water and/or sewer system is utilized in which case lot width shall be a minimum of one hundred
feet. C. 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 one hundred feet in width
and subject to Section 18.50.160. 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 one hundred feet in width and subject to Section 18.50.160.
18.12.040 Lot coverage and floor area. Lot coverage and floor area for newly created lots in the R-S district shall be determined
through the PUD review procedures set forth in Chapter 18.54, in compliance with the adopted
Bozeman master plan. For existing lots in the R-S district, not more than twenty-five percent of the lot area shall be covered by principal and accessory buildings. Each dwelling unit shall have
a minimum of one thousand square feet of floor area.
18.12.050 Yards.
A.1. Every lot in the R-S district which existed prior to the effective date of the ordinance codified in this title shall have the following minimum yards:
Front yard 35 feet
Rear yard 25 feet
Side yards 25 feet each side
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2. Minimum yard requirements for newly created R-S lots shall be determined through the
PUD review process. (NOTE: All yards shall be subject to the provisions of Section
18.50.060(D) when applicable.)
B. All pens, coops, barns, stables or permanent corrals shall be set back not less than one
hundred feet from any residence or public road and not less than fifty feet from any property line.
18.12.060 Building height. Maximum building height in the R-S district shall be as follows:
A. Roof pitch greater than 6:12- thirty-four feet;
B. Roof pitch 3:12 or greater but not greater than 6:12- thirty feet; and C. Roof pitch less than 3:12- twenty-four feet.
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Chapter 18.14 R-1 RESIDENTIAL SINGLE-FAMILY, LOW DENSITY DISTRICT
Sections: 18.14.010 Intent. 18.14.020 Permitted uses. 18.14.030 Lot area and width.
18.14.040 Lot coverage and floor area.
18.14.050 Yards. 18.14.060 Building height. 18.14.010 Intent.
The intent of the R-1 residential single-family, low density district is to provide for low
density single-family residential development within the city, to conform to the system of services available, to the slope of the land or other limiting factors, and to provide for such
community facilities and services as will serve the area's residents while protecting the
residential character and quality of the area.
18.14.020 Permitted uses. Permitted uses for the R-1 district are as follows:
A. Principal Uses.
One-family dwellings
Essential services (Type I)
Family day care home Group day care home
Public parks
B. Conditional Uses.
Churches Community residential facilities
Day care centers
Golf courses
Group homes
Schools Temporary sales and office buildings
Private storm water control facilities
Any use approved as part of a planned unit development subject to the provisions of Chapter
18.54
C. Accessory Uses.
Fences
Greenhouses
Guesthouses
Home occupations Private garages
Private or jointly owned community center recreational facilities, pools, tennis courts, spas
Signs, subject to Chapter 18.65
Temporary buildings and yards incidental to construction work
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10
Tool sheds for storage of domestic supplies
Other buildings and structures typically accessory to residential uses.
18.14.030 Lot area and width.
Lot area for any use in the R-1 district shall be not less than ten thousand square feet and no lot width shall be less than eighty feet.
18.14.040 Lot coverage and floor area.
In the R-1 district, not more than forty percent of the lot area shall be occupied by the
principal and accessory buildings. Each dwelling unit shall have a minimum of one thousand two hundred fifty square feet of floor area.
18.14.050 Yards.
Every lot in the R-1 district shall have the following minimum yards:
Front yard 25 feet Rear yard 25 feet
Side yards 12 feet each side
(NOTE: All yards will be subject to the provisions of Section 18.50.060(D) when applicable.)
18.14.060 Building height. Maximum building height in the R-1 district shall be as follows:
A. Roof pitch greater than 6:12- thirty-two feet;
B. Roof pitch 3:12 or greater but not greater than 6:12- twenty-eight feet; and
C. Roof pitch less than 3:12- twenty-four feet.
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Chapter 18.16 R-2 RESIDENTIAL SINGLE-FAMILY, MEDIUM-DENSITY DISTRICT
Sections: 18.16.010 Intent. 18.16.020 Permitted uses. 18.16.030 Lot area and width.
18.16.040 Lot coverage and floor area.
18.16.050 Yards. 18.16.060 Building height. 18.16.010 Intent.
The intent of the R-2 residential single-family medium-density district is to provide for
single-family residential development of a medium density within the city in areas that present few or no development problems, and for neighborhood facilities to serve such development
while preserving the residential quality and nature of the area.
18.16.020 Permitted uses.
Permitted uses in the R-2 district shall be only those uses permitted in an R-1 district.
18.16.030 Lot area and width. Lot area for any use in the R-2 district shall be not less than seven thousand square feet and
no lot width shall be less than seventy feet.
18.16.040 Lot coverage and floor area. In the R-2 district, not more than forty percent of the lot area shall be occupied by the
principal and accessory buildings. Each dwelling unit shall have a minimum of one thousand
square feet of floor area.
18.16.050 Yards. Every yard in the R-2 district shall have the following minimum yards:
Front yard 25 feet
Rear yard 20 feet
Side yards 8 feet each side. (NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.)
18.16.060 Building height.
Maximum building height in the R-2 district shall be as follows:
A. Roof pitch greater than 6:12- thirty-two feet; B. Roof pitch 3:12 or greater but not greater than 6:12 - Twenty-eight feet; and
C. Roof pitch less than 3:12- twenty-four feet.
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Chapter 18.17 R-2a RESIDENTIAL SINGLE-FAMILY, MEDIUM DENSITY DISTRICT
Sections: 18.17.010 Intent. 18.17.020 Permitted uses. 18.17.030 Lot area and width.
18.17.040 Lot coverage and floor area.
18.17.050 Yards. 18.17.060 Building height. 18.17.010 Intent.
The intent of the R-2a residential single-family, medium density district is to provide for
economical, single-family residential development of a density consistent with the Bozeman master plan within the city and in areas that present few or no development problems, and for
neighborhood facilities to serve such development while preserving the residential quality and
nature of the area.
18.17.020 Permitted uses.
Permitted uses in the R-2a district shall be only those uses permitted in an R-2 district and one family mobile homes on permanent foundations which meet all requirements of Section
18.50.180.
18.17.030 Lot area and width.
Lot area for any use in the R-2a district shall be not less than six thousand square feet, and no
lot width shall be less than sixty feet.
18.17.040 Lot coverage and floor area. In the R-2a district, no more than forty percent of the lot area shall be occupied by the
principal and accessory buildings. Each dwelling shall have a minimum of eight hundred square
feet of floor area.
18.17.050 Yards. Every lot in the R-2a district shall have the following minimum yards:
Front yard 25 feet
Rear yard 20 feet Side yards 8 feet each side.
(NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.)
18.17.060 Building height.
Maximum building height in the R-2a district shall be as follows: A. Roof pitch greater than 6:12-thirty-two feet;
B. Roof pitch 3:12 or greater but not greater than 6:12-twenty-eight feet; and
C. Roof pitch less than 3:12-twenty-four feet.
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Chapter 18.18 R-3a RESIDENTIAL TWO-FAMILY, MEDIUM DENSITY DISTRICT
Sections: 18.18.010 Intent. 18.18.020 Permitted uses. 18.18.030 Lot area and width.
18.18.040 Lot coverage and floor area.
18.18.050 Yards. 18.18.060 Building height. 18.18.010 Intent.
The intent of the R-3a district is to provide for one and two family residential development of
a medium density within the city in areas that present few or no development problems, and for neighborhood facilities to serve such development while preserving the residential quality and
nature of the area.
18.18.020 Permitted uses.
Permitted uses in the R-3a district are as follows: A. Principal Uses.
One-family dwellings
Two-family dwellings
Community residential facilities
Essential services (Type I) Family day care home
Group day care home
Group homes
Public parks
B. Conditional Uses.
Bed and breakfast homes
Churches
Day care centers
Golf courses Lodginghouses (bed and breakfasts)
Schools
Temporary sales and office buildings
Any use approved as part of a planned unit development subject to the provisions of Chapter
18.54
C. Accessory Uses.
Fences
Greenhouses
Guesthouses Home occupations
Private garages
Private or jointly owned community center recreational facilities, pools, tennis courts and
spas
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Signs, subject to Chapter 18.65
Temporary buildings and yards incidental to construction work
Tool sheds for storage of domestic supplies Other buildings and structures typically
accessory to residential uses.
18.18.030 Lot area and width. A. In the R-3a district, minimum lot area for two-family units shall be six thousand square
feet with a minimum lot width of sixty feet.
B. Minimum lot area for one-family dwellings and other uses shall be five thousand square
feet with a minimum lot width of fifty feet.
18.18.040 Lot coverage and floor area. In the R-3a district, not more than forty percent of the lot shall be occupied by the principal
and accessory buildings. The average floor area of all dwelling units in a structure shall have a
minimum of six hundred square feet.
18.18.050 Yards. Every lot in the R-3a district shall have the following minimum yards:
Front yard 25 feet
Rear yard 20 feet Side yards 8 feet each side.
(NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.)
18.18.060 Building height.
Maximum building height in the R-3a district shall be as follows. A. Roof pitch greater than 6:12- thirty-two feet;
B. Roof pitch 3:12 or greater but not greater than 6:12- twenty-eight feet; and
C. Roof pitch than 3:12- twenty-four feet.
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Chapter 18.20 R-3 RESIDENTIAL MEDIUM-DENSITY DISTRICT
Sections: 18.20.010 Intent. 18.20.020 Permitted uses. 18.20.030 Lot area and width.
18.20.040 Lot coverage and floor area.
18.20.050 Yards. 18.20.060 Building height. 18.20.010 Intent.
The intent of the R-3 district is to provide for the development of one to five-family
residential structures near service facilities within the city. It should provide for a variety of housing types to serve the varied needs of families of different size, age and character, while
reducing the adverse effect of nonresidential uses.
18.20.020 Permitted uses.
Permitted uses in the R-3 district are as follows: A. Principal uses.
One-family dwellings
One-family mobile homes on permanent foundations which meet all the requirements of
Section 18.50.180
Two-family dwellings Three to four unit multiple-family dwelling unit structures
Townhouse clusters, not to exceed five units or one hundred twenty feet in length
Community residential facilities
Essential services (Type I)
Family day care home Group day care home
Group homes
Public parks
B. Conditional Uses. Bed and breakfast homes
Churches
Day care centers
Fraternity and sorority houses
Golf courses Lodginghouses
Schools
Temporary sales and office buildings
Any use approved as part of a planned unit development subject to the provisions of Chapter
18.54
C. Accessory Uses.
Fences
Greenhouses
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Guesthouses
Home occupations
Private garages
Private or jointly owned community center recreational facilities, pools, tennis courts and
spas Signs, subject to Chapter 18.65
Temporary buildings and yards incidental to construction work
Tool sheds for storage of domestic supplies
Other building and structures typically accessory to residential uses.
18.20.030 Lot area and width. A. In the R-3 district, minimum lot area for two to four-family units shall be three thousand
square feet dwelling unit with a minimum lot width of sixty feet.
B. For townhouse clusters the minimum average lot area per unit in an individual structure
shall be three thousand square feet. The minimum lot width shall be that of the width of the interior units.
C. Minimum lot area for other uses, including one-family dwelling units, shall be five
thousand square feet with a minimum lot width of fifty feet.
18.20.040 Lot coverage and floor area. In the R-3 district, not more than forty percent of the lot shall be occupied by the principal
and accessory buildings. The average floor area of all dwelling units in a structure shall have a
minimum of six hundred square feet.
18.20.050 Yards. Every lot in the R-3 district shall have the following minimum yards:
Front yard 25 feet
Rear yard 20 feet
Side yards 8 feet each side (except zero lot line sides of townhouse units).
(NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.)
18.20.060 Building height. Maximum building height in the R-3 district shall be thirty-eight feet for buildings with roof
pitches of 3:12 or greater and thirty-two feet for buildings with flat roofs or with roof pitches of
less than 3:12.
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Chapter 18.24 R-4 RESIDENTIAL HIGH DENSITY DISTRICT
Sections: 18.24.010 Intent. 18.24.020 Permitted uses. 18.24.030 Lot area and width.
18.24.040 Lot coverage and floor area. 18.24.050 Yards. . 18.24.060 Building height. 18.24.010 Intent.
The intent of the R-4 residential high-density district is to provide for high density residential
development with 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.
18.24.020 Permitted uses.
Principal uses permitted in the R-4 district are the principal uses permitted in the R-3 district,
plus bed and breakfast homes, lodging houses. apartment buildings and townhouse structures exceeding four units per structure as principal uses. Conditional uses permitted in the R-4 district
are those conditional use permitted in the R-3 district, plus offices (as defined herein), and
medical offices, clinics and centers.
18.24.030 Lot area and width. A. Lot area for two-family to four- family dwellings shall not be less than five thousand
square feet, plus one thousand six hundred square feet for each additional unit over one, with a
minimum lot width of fifty feet.
B. Lot area for apartment buildings up to two stories shall not be less than five thousand
square feet, plus eight hundred square feet for each additional dwelling unit over one. Minimum lot width shall be fifty feet.
C. Lot area for apartment buildings of three or more stories shall not be less than five
thousand square feet, plus six hundred square feet for each additional dwelling unit over one.
Minimum lot width shall be fifty feet.
18.24.040 Lot coverage and floor area. In the R-4 district, not more than forty percent of the lot shall be occupied by the principal
and accessory buildings. The average floor area of all dwelling units in a structure shall have
minimum of six hundred square feet.
18.24.050 Yards. Every lot in the R-4 district shall have the following minimum yards:
Front yard 25 feet
Rear yard 20 feet
Side yards 8 feet each side. (NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.)
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18.24.060 Building height. Maximum building height in the R-4 district shall be thirty-eight feet for buildings with roof
pitches of 3:12 or greater and thirty-two feet for buildings with flat roofs or with roof pitches of
less than 3:12.
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Chapter 18.26 R-O RESIDENTIAL OFFICE DISTRICT
Sections: 18.26.010 Intent. 18.26.020 Permitted uses. 18.26.030 Lot area and width.
18.26.040 Lot coverage and floor area.
18.26.050 Yards. 18.26.060 Building height. 18.26.010 Intent.
The intent of the R-O residential office district is to provide for and encourage the
development of professional offices, business headquarters, and compatible multifamily and apartment development that would blend well with adjacent land uses.
18.26.020 Permitted uses.
Permitted uses in the R-O district are as follows:
A. Principal Uses. Apartments located on the second or subsequent floors
Essential services (Type I)
Medical offices, clinics and centers
Offices (as defined in this title)
B. Conditional Uses.
Apartment buildings and multi-family dwellings
Bed and breakfast homes
Churches
Community residential facilities Day care centers
Efficiency units
Group homes
Lodginghouses
Schools Any use approved as part of a planned unit development subject to the provisions of Chapter
18.54
C. Accessory Uses.
Fences Greenhouses
Home occupations
Private garages
Tool sheds for storage of domestic supplies
Other buildings and structures typically accessory to permitted uses Signs, subject to Chapter 18.65
Refuse containers
Accessory structures as approved by the DRC or city commission
Temporary buildings and yards incidental to construction work
Parking areas as required by Chapter 18.50.
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18.26.030 Lot area and width. Lot area and width for uses in the R-O district shall not be less than five thousand square feet
and fifty feet, respectively.
18.26.040 Lot coverage and floor area. A. In the R-O district, lot coverage by principal and accessory buildings shall not be more
than forty percent for residential uses nor more than sixty percent for any other uses.
Nonresidential development shall not generate greater traffic than the traffic which would be
generated by the maximum residential development which could occur with forty percent coverage of the lot in question. The source for traffic generation projections will be the current
edition of Trip Generation, published by the Institute of Transportation Engineers.
B. The average floor area of all dwelling units in a structure shall be a minimum of six
hundred square feet.
18.26.050 Yards. Every lot in the R-O district shall have the following minimum yards:
Front yard 25 feet
Rear yard 20 feet
Side yard 8 feet. (NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.)
18.26.060 Building height.
Maximum building height in the R-O district shall be thirty-eight feet for buildings with roof
pitches of 3:12 or greater and thirty-two feet for buildings with flat roofs or with roof pitches of less than 3:12.
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Chapter 18.28 B-1 NEIGHBORHOOD SERVICE DISTRICT
Sections: 18.28.010 Intent. 18.28.020 Permitted uses. 18.28.030 Lot area and width.
18.28.040 Lot coverage.
18.28.050 Yards. 18.28.060 Building height. 18.28.010 Intent.
A. The intent of the B-1 neighborhood business district is to provide for small retail and
service activities frequently required by neighborhood residents on a day-to-day basis, while still maintaining a residential character.
18.28.020 Permitted uses.
A. Principal activities shall be limited to those which are completely enclosed within a
building not larger than five thousand square feet in gross floor area. Accessory activities such as play areas associated with day care centers and patio dining areas for restaurants shall be
permitted outdoors subject to approval by the appropriate reviewing authority.
B. Permitted uses in the B-1 district are as follows:
1. Principal Uses.
Day care centers Apartments located on the second or subsequent floors
Essential services (Type I)
Food stores, such as grocery stores, bakeries, etc.
Personal and convenience services
Restaurants (exclusive of drive-ins) Retail uses
2. Conditional Uses.
Automobile service stations
Churches Essential services (Type II)
Professional and business offices
Restaurants serving alcoholic beverages
Any use, except casinos, approved as part of a planned unit development subject to the
provisions of Chapter 18.54
3. Accessory Uses.
Fences
Signs, subject to Chapter 18.65
Refuse containers Other buildings and structures typically accessory to permitted uses
Temporary building and yards incidental to construction work
Parking areas as required by Chapter 18.50.
18.28.030 Lot area and width.
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Lot area for the B-1 district shall be adequate to provide for required yards and off-street
parking, but in no case less than five thousand square feet and fifty feet in width.
18.28.040 Lot coverage.
In the B-1 district, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings.
18.28.050 Yards.
Every lot in the B-1 district shall have the following minimum yards:
Front yard 25 feet Rear yard 20 feet
Side yards 8 feet.
(NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.)
18.28.060 Building height. Maximum building height in the B-1 district shall be thirty-eight feet for buildings with roof
pitches of 3:12 or greater and thirty-two feet for buildings with flat roofs or with roof pitches of
less than 3:12, except when adjacent to an R-S, R-1, R-2, R-2a, or R-3a district wherein the
height shall not exceed the allowable height established for the adjacent district.
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Chapter 18.30 B-2 COMMUNITY BUSINESS DISTRICT
Sections: 18.30.010 Intent. 18.30.020 Permitted uses. 18.30.030 Lot area and width.
18.30.040 Lot coverage.
18.30.050 Yards. 18.30.060 Building height. 18.30.010 Intent.
The intent of the B-2 community business district is to provide for a broad range of retail and
service functions with access oriented to major arterial streets.
18.30.020 Permitted uses. Permitted uses in the B-2 district are as follows:
A. Principal Uses. Ambulance service
Antique shop and store
Apparel and accessory store
Art gallery
Art supply stores Audio-visual equipment sales and rental
Automobile parking lot or garage (public or private)
Automobile or boat sales and/or rental service
Auto supply store
Bakery for on-site sales, less than four thousand square feet Banks and other financial institutions
Barbershop
Beauty parlor
Bicycle sales, service and repair shop
Book and stationery store Bowling alleys
Bus terminals
Business and office machine sales, service and repair shop
Candy and ice cream store
Churches Cigar and tobacco store
Clothing and costume sales and rental shop
Community center or meeting hall
Convenience food restaurant
Convenience uses Custom dressmaking, furrier, millinery or tailor shop employing five persons or less
Dancing or theatrical studio
Delicatessen and catering establishment
Department store
Drugstores
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Dry goods and notion store
Dry cleaning and laundry establishment, for drop off/pickup service
Apartments located on the second or subsequent floors
Essential services (Type I)
Equipment sales and service Florist
Frozen food storage and locker rental
Furniture store
Game rooms, poolhalls
Garden supply store, indoor sales only Gift shop
Grocery store (including retail markets and produce store)
Hardware store, no exterior storage
Health and exercise center
Hobby and coin shop Hotel or motel
Hunting and fishing supply store
Interior decorator's shop
Jewelry and metal craft store
Laundromat, self-service Leather goods and luggage store
Liquor store
Lock and key shop
Mail order catalog store
Medical, dental or health clinic Medical and orthopedic appliance store
Messenger or telegraph service station
Mortuary
Museum
Music and instrument sales, service and repair shop Music or dance studio
Newspaper office
Newsstand
Nursery, plant
Offices (as defined in this title) Office supply and office equipment store
Optician
Package liquor store, including drive-in
Paint and wallpaper store
Pawn shop Personal and convenience services
Pet shop
Pet grooming shop
Photographic equipment and supply store
Photographic studio Picture frame shop
Private club, fraternity, sorority or lodge
Public buildings
Radio or television sales, with/without service and repair
Radio and television studio, without transmission towers
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Research laboratories
Restaurants
Secondhand stores
Sewing machine store
Shoe store Shoe repair and shoeshine shop
Sporting and athletic goods store
Tailor shop, less than five employees
Theater, excluding drive-in theater
Toy store Travel agency
Upholstery shops (excluding on-site upholstery service for cars, boats, trailers, trucks, and
other motorized vehicles requiring overnight storage)
Variety store
Wallpaper store Watch repair shop
Wholesale establishments that use samples, but do not stock on premises
B. Conditional Uses.
Amusement and recreational activities Automobile repair facilities
Automobile service stations
Automobile washing establishment, drive through
Automobile washing establishment, self-service
Bar (tavern, cocktail lounge) Bowling alley
Building materials sales
Business, technical or vocational school
Community residential facilities
Convenience food store with gas pumps Day care center
Essential services (Type II)
Hospitals
Mortuaries
Recreational vehicle sales and/or rental Restaurants serving alcoholic beverages
Retail uses in addition to those principle uses listed
Tennis and racquet clubs
Veterinary clinic
Video arcades Wholesale distributors with on-premise retail outlets, providing warehousing is limited to
commodities which are sold on the premises
Any use, except casinos, approved as part of a planned unit development subject to the
provisions of Chapter 18.54
C. Accessory Uses.
Fences
Signs, as per Chapter 18.65
Refuse containers
Other buildings and structures typically accessory to permitted uses
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Temporary buildings and yards incidental to construction work.
18.30.030 Lot area and width.
There shall be no minimum lot area in the B-2 district; however, no lot width shall be less
than one hundred feet and the lot area shall be sufficient to provide all required yard areas and off-street parking.
18.30.040 Lot coverage.
In the B-2 district, the entire lot, exclusive of required yards and parking. may be occupied
by the principal and accessory buildings.
18.30.050 Yards. Every lot in the B-2 district shall have the following minimum yards:
Front yard 25 feet
Rear yard 10 feet Side yards 8 feet each side.
(NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.)
18.30.060 Building height.
Maximum building height in the B-2 district shall be thirty-eight feet for buildings with roof pitches of 3:12 or greater and thirty-two feet for buildings with flat roofs or with roof pitches of
less than 3:12.
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Chapter 18.32 B-3 CENTRAL BUSINESS DISTRICT
Sections: 18.32.010 Intent. 18.32.020 Permitted uses. 18.32.030 Lot area and width.
18.32.040 Lot coverage.
18.32.050 Yards. 18.32.060 Building height. 18.32.010 Intent.
A. 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.
B. 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.
18.32.020 Permitted uses.
Permitted uses in the B-3 district are as follows:
A. Principal Uses.
Ambulance service
Antique shop and store
Apartments, except on ground floor in “core area” as described above Apparel and accessory store
Appliance sales, services
Art galleries
Art supply stores
Audio-visual equipment sales and rental Automobile parking lot or garage (public or private)
Auto supply store
Bakery for on-site sales, less than four thousand square feet
Banks and other financial institutions
Barbershop Beauty parlor
Bicycle sales, service and repair shop
Book and stationery store
Business and office machine sales, service and repair shop
Butcher shops (retail sales only) Candy and ice cream store
Churches, except on the ground floor in “core area” as described above
Cigar and tobacco store
Clothing and costume sales and rental shop
Community center or meeting hall
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Convenience food store
Custom dressmaking, furrier, millinery or tailor shop employing five persons or less
Dancing or theatrical studio
Delicatessen and catering establishment
Department store Dry goods and notion store
Dry cleaning and laundry establishment, for drop off/pickup service
Essential services (Type I) plus police and fire stations
Florist
Furniture store Game rooms, poolhalls
Gift shop
Grocery store (including retail markets and produce store)
Handicraft manufacturing, primarily for on-site retail sales
Hardware store, no exterior storage Health and exercise center
Hobby and coin shop
Hotel or motel
Hunting and fishing supply store
Interior decorator's shop Jewelry and metal craft store
Laboratories, research and diagnostic, except on ground floor in core area as described above
Laundromat, self-service
Laundry, dry cleaning
Leather goods and luggage store Libraries
Liquor store
Lock and key shop
Mail order catalog store
Medical, dental or health clinic, except on ground floor in core area as described above Medical and orthopedic appliance store
Messenger or telegraph service station
Museum
Music and instrument sales, service and repair shop
Music or dance studio Newspaper office
Newsstand
Offices, public or private, except on ground floor in core area as described above
Optician
Package liquor store, including drive-in Paint and wallpaper store
Parking lots, except on ground floor in core area as described above
Pawn shop
Pet shop
Pet grooming shop Pharmacies
Photographic equipment and supply store
Picture frame shop
Printing offices and publishing establishments
Private club, fraternity, sorority or lodge
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Private schools, such as dance, business, secretarial and technical, but not private or public
preschool, elementary or secondary schools, and not on ground floor in core area as described above
Public buildings
Radio or television sales, with/without service and repair
Radio and television studio, without transmission towers except on ground floor in core area as described above
Repair services for clothes, dolls, small appliances, watches, glasses and such other items
Restaurants
Secondhand stores
Sewing machine store Shoe store
Shoe repair and shoeshine shop
Sporting and athletic goods store
Tailor shop, less than five employees
Theater, excluding drive-in theater Toy store
Travel agency
Upholstery shops, excluding on-site upholstering services of cars, boats, trucks, and other
heavy equipment
Variety store Wallpaper store
Watch repair shop
Wholesale establishments that use samples, but do not stock on premises
B. Conditional Uses. Automobile body shops
Automobile service stations
Automobile upholstery shops
Bakeries, other than as listed s principal uses in subsection A of this section
Bar (tavern, cocktail lounge) Bowling alley
Building materials sales
Bus terminal
Business, technical and vocation school
Carwashes, hand operated Civic centers
Convenience food restaurant
Convenience food store with gas pumps
Day care homes and centers
Essential services (Type II) Hospitals
Mortuaries
Muffler sales and service shops
Offices, on ground floor within the core area as described above
Restaurants serving alcoholic beverages Retail uses in addition to those principle uses listed in subsection A of this section
Sign paint shops (not including neon sign fabrication)
Video arcades
Any use, except casinos, approved as part of a planned unit development subject to the
provisions of Chapter 18.54
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C. Accessory Uses.
Signs, as per Chapter 18.65
Refuse containers
Other buildings and structures typically accessory to permitted uses Temporary buildings and yards incidental to construction work.
18.32.030 Lot area and width.
No minimum lot area or width is prescribed for the B-3 district.
18.32.040 Lot coverage. In the B-3 district, buildings may cover the entire lot providing other requirements are met.
18.32.050 Yards.
A. No minimum yards prescribed for the B-3 district except a fifteen foot front yard shall be required on Mendenhall and Babcock Streets.
B. Where at least fifty percent of a block (from cross-street to cross-street) in the B-3 district
is presently used for residential purposes and commercial is to be developed or expanded, a
minimum fifteen foot side or front yard shall be required from the streets on which the residential
use fronts. C. All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.
18.32.060 Building height.
Maximum building height in the B-3 district shall be fifty-five feet.
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Chapter 18.34 M-1 LIGHT MANUFACTURING DISTRICT
Sections: 18.34.010 Intent. 18.34.020 Permitted uses. 18.34.030 Lot area and width.
18.34.040 Lot coverage.
18.34.050 Yards. 18.34.060 Building height. 18.34.010 Intent.
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.
18.34.020 Permitted uses. Permitted uses in the M-1 district are as follows:
A. Principal Uses.
Ambulance service
Automobile, boat or recreational vehicle
sales, service and/or rental Automobile parking lot or garage (public or private)
Automobile repair facilities
Bakery
Banks and other financial institutions
Building contractor's office Building materials sales
Business and office machine sales, service
and repair shop
Cabinet shops
Churches Community center or meeting hall
Convenience food restaurant
Essential services (Type I)
Health and exercise center
Hotel or motel Manufacturing, light and completely indoors
Medical, dental or health clinic
Messenger or telegraph service station
Newsstand
Nursery, plant Offices
Office supply and office equipment store
Optician
Public buildings
Radio and television studio, without transmission towers
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Repair and service establishment for light consumer goods, such as appliances and furniture
Research laboratories
Restaurant
Sign shops
Trade schools Travel agency
Truck, bus and rail terminal facilities
Warehousing
Warehousing, residential storage (mini-ware housing)
B. Conditional Uses.
Automobile service station
Adult business, located no closer than five hundred feet from any other adult use, home,
residential district, school, place of worship, public park or any youth-oriented establishment
Amusement and recreational facilities Animal shelters
Automobile washing establishment, drive through
Automobile washing establishment, self-service
Day care center
Essential services (Type II) Flour and feed mills
Food processing plants
Grain elevators
Machine shops
Retail establishments other than principal uses listed in subsection A of this section Tennis and racquet clubs
Truck repair facilities
Truck stop
Truck service station
Truck washing establishment Veterinary clinics
Any use approved as part of a planned unit development subject to the provisions of Chapter
18.54
C. Accessory Uses. Personnel service facilities providing services, education, recreation, entertainment, food and
convenience goods primarily for those personnel employed in the principal use
Business signs
Outside storage if accessory to a principal use and if screened from the street and
surrounding properties by solid fence or dense plantings at least six feet high Trash receptacles
Other buildings and structures typically accessory to permitted uses
Temporary buildings and yards incidental to construction
Any residential use which is clearly incidental to the operation of a permitted principal or
conditional use, such as dormitories for the use of a scientific research center, caretaker and watchman, including residential use in connection with mini-warehousing for office/watchman
purposes.
18.34.030 Lot area and width.
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Lot area for the M-1 district shall not be less than seven thousand five hundred square feet
and no lot width shall be less than seventy-five feet and the lot area shall provide all required
yard areas and off-street parking and loading.
18.34.040 Lot coverage. In the M-1 district, the entire lot, exclusive of required yards and parking, may be occupied
by the principal and accessory buildings.
18.34.050 Yards.
A. Every lot in the M-1 district shall have the following minimum yards: Front yard 20 feet
Rear yard none*
Side yards none*
When a lot is adjacent to or across the street from another zone, 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 A-S, R-S, PLI, and BP shall be interpreted as those of R-1.
B. Also, rear or side yards adjacent to alleys shall be at least fifteen feet.
(NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when applicable.)
18.34.060 Building height. Maximum building height in the M-1 district shall be forty feet.
34
Chapter 18.36 M-2 MANUFACTURING AND INDUSTRIAL DISTRICT
Sections: 18.36.010 Intent. 18.36.020 Permitted uses. 18.36.030 Lot area and width.
18.36.040 Lot coverage.
18.36.050 Yards. 18.36.060 Building height. 18.36.010 Intent.
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.
18.36.020 Permitted uses.
Permitted uses in the M-2 district are as follows:
A. Principal Uses. All principal uses permitted in the M-1 district, plus any manufacturing or industrial use is provided in this district if in compliance with all provisions of this title;
however, no residential uses, auto wrecking yards, junkyards or garbage dumps shall be
permitted except as conditional uses.
B. Conditional Uses. Automobile service station
Adult businesses (if located no closer than five hundred feet from any other adult business,
home, residential district boundary, school, church, public park or any youth oriented
establishment)
Amusement and recreational facilities Animal shelters
Automobile washing establishment, drive through
Automobile washing establishment, self-service
Day care center
Essential services (Type II) Garbage transfer station
Junk salvage yards (if adequately screened)
Production manufacturing and generation facilities (electric and gas)
Residences for owner or caretaker of junk salvage yards
Retail establishments other than principal uses listed in subsection A of this section Solid waste landfill
Truck repair facilities
Truck stop
Truck service station
Truck washing establishment Veterinary clinics
Any use approved as part of a planned unit development subject to the provisions of Chapter
18.54
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C. Accessory Uses.
All accessory uses permitted in the M-1 district shall also be permitted as accessory uses in
the M-2 district.
18.36.030 Lot area and width. There shall be no minimum lot area in the M-2 district, however no lot width shall be less
than one hundred feet and the lot area shall provide all required yard areas and off-street parking
and loading.
18.36.040 Lot coverage. In the M-2 district, the entire lot, exclusive of required yards and parking, may be occupied
by the principal and accessory buildings.
18.36.050 Yards.
A. Every lot in the M-2 district shall have the following minimum yards: Front yard 20 feet
Rear yard none*
Side yards none*
When a lot is adjacent to or across the street from another zone, 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 A-S, R-S, PLI and BP shall be interpreted as those of R-1.
B. Also, rear or side yards adjacent to alleys shall be at least fifteen feet.
(NOTE: All yards shall be subject to the provisions of Section 18.50.060(D) when
applicable.)
18.36.060 Building height. The maximum building height in an M-2 district shall be forty feet.
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Chapter 18.38 BP BUSINESS PARK DISTRICT
Sections: 18.38.010 Intent. 18.38.020 Permitted uses. 18.38.030 Lot area and width.
18.38.040 Lot coverage.
18.38.050 Yards. 18.38.060 Building height. 18.38.010 Intent.
The intent of the business park district is to provide for high-quality settings and facilities for
the development of a wide range 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.
18.38.020 Permitted uses. Permitted uses in the BP district are as follows:
A. Principal Uses.
Administrative and research office facilities
Essential services (Type I)
Laboratories, research and diagnostic Manufacturing, light, and completely indoors
Pilot plants
Professional and business offices
Prototype development
Medical clinics Hospitals
Technology research establishments
Temporary buildings, for and during construction only
B. Conditional Uses. Banks and financial institutions
Trade schools
Day care centers
Essential services (Type II)
Health and exercise establishments Any use approved as part of a planned unit development subject to the provisions of Chapter
18.54
C. Accessory Uses.
Fences Signs, subject to Chapter 18.65
Refuse containers
Other buildings and structures typically accessory to permitted uses
Temporary buildings and yards incidental to construction work
Parking areas as required by Section 18.50.120.
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18.38.030 Lot area and width. Lot area for the BP district shall not be less than one acre, and no lot width shall be less than
one hundred fifty feet.
18.38.040 Lot coverage. Not more than sixty percent of the total lot area shall be occupied by impervious surfaces in
the BP district. The remaining forty percent of the total lot area shall be landscaped as defined in
Section 18.50.100.
18.38.050 Yards. Every lot in the BP district shall have the following minimum yards:
Front yard 35 feet*
Rear yard 25 feet*
Side yards 25 feet* All yards fronting on public or private streets shall be a minimum of thirty-five feet. Front,
rear and side yard requirements shall be increased three feet for each additional five thousand
square feet over total gross floor area of twenty-five thousand square feet, up to maximum
requirement of forty feet for rear and side yards and fifty feet for front yards.
(NOTE: All yards shall be subject to the provisions of 18.50.060(D) when applicable.)
18.38.060 Building height. Maximum building height in the B-P district shall be thirty-eight feet for buildings with roof
pitches of 3:12 or greater and thirty-two feet for building with flat roofs or with roof pitches of
less than 3:12.
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Chapter 18.39 PLI PUBLIC LANDS AND INSTITUTIONS DISTRICT
Sections: 18.39.010 Intent. 18.39.015 Applicability. 18.39.020 Permitted uses.
18.39.030 Lot area and width.
18.39.040 Lot coverage. 18.39.050 Yards. 18.39.010 Intent.
The intent of the PLI public lands and institutions district is to provide for major public and
quasipublic uses outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another district; however, larger areas will be designated
PLI.
18.39.015 Applicability.
To the maximum extent allowed by state law, all PLI development shall be subject to review and approval by the city commission, based upon recommendations received from the
development review committee and design review board, and shall be required to comply with
all applicable underlying zoning requirements, as well as any requirements for certificates of
appropriateness as established in design objective plans or other overlay district regulations or
guidelines.
18.39.020 Permitted uses. Permitted uses in the PLI district are as follows:
A. Principal Uses.
Ambulance service Cemeteries
Essential services (Type I)
Museums, zoos, historic and cultural facilities and exhibits
Other public buildings, i.e., fire and police stations and municipal buildings
Public and nonprofit, quasi-public institutions, i.e., universities. elementary, junior and senior high schools and hospitals
Publicly owned land used for parks, playgrounds and open space
B. Conditional Uses.
All principal and any accessory uses shall be subject to site plan review and any conditions required as part of site plan approval. Permitted conditional uses in the PLI district shall include
day care centers, essential services (Type II), and solid waste landfill facilities.
C. Accessory Uses.
Other buildings and structures typically accessory to permitted uses.
18.39.030 Lot area and width. The lot area and width requirement of the PLI district is as follows: no requirement.
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18.39.040 Lot coverage. In the PLI district, the entire lot, exclusive of required yards and parking, may be occupied
by the principal and accessory buildings.
18.39.050 Yards. In the PLI district, there is no yard requirement except when a lot is adjacent to another
district. The yards then shall be the same as the adjacent district. (NOTE: All yards shall be
subject to the provisions of Section 18.50.060(D) when applicable.)
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Chapter 18.40 HISTORIC MIXED USE DISTRICT
Sections: 18.40.010 Description and purpose. 18.40.020 Criteria for establishment of the historic mixed use district. 18.40.030 Historic mixed use district elements.
18.40.040 Initiation, procedures and notice.
18.40.010 Description and purpose. Due to historical development patterns, certain areas of the city are characterized by a
mixture of uses such as residential and commercial uses or residential and industrial uses which
are normally segregated under standard zoning districts. In some instances, provision for a
continuation of a mixture of uses will serve both the public interest and allow a more equitable balancing of private interests than would the utilization of a standard zoning district. Because of
the variety of circumstances which exist in different areas of the city and the different treatment
accorded those areas in the master plan, it is not possible to establish a zoning district with
uniform listing of uses and standards which is applicable to all such areas. Therefore, the historic
mixed use district is intended to provide procedures and criteria for recognition of such areas and for the development of standards governing each application of the district to a particular area. It
is further intended that the historic mixed use district will be very selectively used.
18.40.020 Criteria for establishment of the historic mixed use district.
Before any area is designated as a historic mixed use district, the city commission shall make affirmative findings that:
A. The area to be classified as a historic mixed use district includes the approximate
equivalent of at least one standard city block three hundred feet by three hundred feet, not held in
single ownership unless developed over time while held in multiple ownership;
B. A special study of the area has been completed showing how the proposed historic mixed use district would be integrated with the surrounding area consistent with the objectives of the
master plan and other applicable policies adopted by the city;
C. At least fifty percent of the lots to be classified as an historic mixed use district are already
developed with structures;
D. The existing development has occurred over a period of years and is characterized by a mixture of uses not permissible under a single zoning classification and includes a representative
sampling of uses in the immediate area;
E. None of the standard zoning districts are capable of or suitable for promoting the
objectives of the master plan applicable to preexisting nonconforming uses;
F. The uses to be permitted within the historic mixed use district will be compatible with one another and will provide a functional and healthful environment;
G. The uses to be permitted and the development standards to be applied in the proposed
district will promote the objectives of the master plan and other applicable policies adopted by
the city.
18.40.030 Historic mixed use district elements. Because the historic mixed use district is designed to be applied to diverse situations, the
specific mixture of uses permitted and the development standards required will have to be
specified for each application of the district to a particular area. Therefore, the ordinance
applying the historic mixed use district to a specific area shall contain the following elements:
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A. A description and purpose section setting forth the specific purposes the district is
intended to accomplish in the particular situation;
B. A use section setting forth the activities or categories of activities to be permitted, or the
performance standards to be used in evaluating specific activities. This section shall govern the
uses within a particular historic mixed use district; C. A standards section setting forth general development standards governing parking,
coverage, setbacks, height limitations. and other factors which are either different than or
supplemental to the normal standards of the code;
D. Exemption. When an area has been classified as an historic mixed use district, the general
building and development standards set forth in Chapter 18.50 of this code shall govern, but not to the extent the special development standards set forth under Section 18.40.030(C) shall
prevail.
18.40.040 Initiation, procedures and notice.
A. Application for historic mixed use district designation shall be administered under the provisions established in Chapter 18.55, Text Amendment and Rezoning Changes.
B. In addition, all HMUD applications shall be reviewed by the design review board.
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Chapter 18.41 R-MH SINGLE-FAMILY MOBILE HOME DISTRICT
Sections: 18.41.010 Intent. 18.41.020 Permitted uses. 18.41.030 Lot area and width.
18.41.040 Yards.
18.41.050 Building height. 18.41.060 Additional building and performance standards. 18.41.010 Intent.
The intent of the R-MH single-family mobile home district is to provide for single-family
mobile home and single-family dwelling developments and directly related complementary uses within the city at a medium density. The district is intended to be strictly residential in character
with a minimum of disturbances due to traffic or overcrowding.
18.41.020 Permitted uses.
Permitted uses in the R-MH district are as follows: A. Principal Uses.
Single-family mobile homes
Public parks
Day care homes, family
Day care homes, group Essential services (Type I)
Mobile home parks on sites of not less than ten acres, with a minimum of twenty-five lots
Mobile home subdivisions on sites of not less than ten acres
B. Conditional Uses. Churches
Day care centers
Essential services (Type II)
Public buildings
Golf courses Temporary sales and office buildings
Private recreational vehicle and boat storage areas for more than two vehicles
Any use approved as part of a planned unit development subject to the provisions of Chapter
18.54.
C. Accessory Uses.
Accessory buildings and uses customarily incidental thereto. No part of any mobile home
park or subdivision shall be used for nonresidential purposes, except such uses that are required
for direct servicing and the wellbeing of park residents and for management and maintenance of
the park or subdivision. Nothing in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home stand and connected to the pertinent utilities.
Fences
Greenhouses
Home occupations
Private garages
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Private or jointly owned community center recreational facilities, pools, tennis courts, spas,
recreational vehicle and boat storage areas for less than three vehicles
Tool sheds, for storage of domestic supplies
Temporary buildings and yards incidental to construction work
Other buildings and structures customarily accessory to mobile home development.
18.41.030 Lot area and width. The minimum lot area for the R-MH district shall be five thousand five hundred square feet
where both community water and sanitary sewer is available. The minimum lot width shall be
fifty-five feet.
18.41.040 Yards. Every lot shall have the following yards:
Front yard 20 feet
Rear yard 8 feet Side yards 8/20* feet
Corner side yard 20 feet
*No side yard shall be less than 8 feet; at least one side yard shall be 20 feet.
(NOTE: All yards shall be subject to the provisions of 18.50.060 (D) when applicable.)
18.41.050 Building height. Maximum building height in the R-MH district shall be thirty feet for buildings with roof
pitches of 3:12 or greater and twenty-four feet for buildings with flat roofs or with roof pitches of
less than 3:12.
18.41.060 Additional building and performance standards. Development of any parcel of land within this district shall be subject to all applicable
requirements of Chapter 18.50, including, but not limited to, fences, parking, signs, landscaping
and home occupations. In addition, single-family mobile home development will be subject to
the following general requirements: A. Minimum Area for R-MH District.
1. The minimum total R-MH district shall be no less than five 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 all 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 five acre minimum may be granted by the city commission. B. Plumbing and Electrical Requirements. All mobile home developments developed under
this chapter shall comply with Montana State Department of Health regulation No. 54-500 or any
amendment thereto concerning plumbing and electrical requirements.
C. Lot Improvements. 1. Utility Hookup. Every mobile 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 mobile homes shall be required to be
physically connected to an approved permanent foundation. Minimum permanent foundation
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standards for mobile homes are available at the city building department. Building permits issued
through the city building department are required for the foundations.
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 mobile home may be parked on a public or private street for more than twenty-four
hours.
c. An abandoned, burned or wrecked mobile home must be secured against entry as directed
by the fire chief and may not be kept on a lot for more than forty-five days.
d. Each mobile home must bear an insignia which attests that the construction of the mobile 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. Standard mobile home skirting must be provided around the entire perimeter of the mobile home between the bottom of the body of the mobile home and the ground, except where the
running gear has been removed and the mobile home itself is attached directly to the permanent
foundation.
f. All required front yards of mobile home lots 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.
D. Permits and Inspections.
1. Move-In Permit Required. All mobile homes moved into the city must be issued a move-in
permit, pursuant to this section, and be inspected by the building inspector, 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.
2. City Inspection Required.
a. The required inspections for mobile homes shall include on-site utilities requirements
including gas, electric, sewer and water, setback requirements, and off-street parking
requirements, fees for which 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 building, inspector of
the city.
3. Non-Mobile-Home Improvements Subject to the Uniform 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 mobile home unit, fees for which are set by
the Uniform Building Code (Section 8- 1) and Uniform Mechanical Code (Section 9-4).
4. Owner's Responsibility. It shall be the responsibility of the individual property owners or,
in the case of a rental park, the managers of rental parks to see that all sections of this article are
complied with, including requirements relative to placement of mobile homes, and all required permits.
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Chapter 18.42 NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT
Sections: 18.42.010 Intent and purpose. 18.42.020 Definitions. 18.42.030 Design review board and administrative design review staff powers and
duties within conservation districts.
18.42.040 Conservation district designation or recision. 18.42.050 Certificate of appropriateness. 18.42.060 Standards for certificates of appropriateness. 18.42.070 Application requirements, for certificates of appropriateness in conservation districts.
18.42.080 Deviations from underlying zoning requirements.
18.42.090 Demolition or move of structures or sites within the conservation district. 18.42.100 Appeals. 18.42.010 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 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 any agency, board or commission involved in
conservation district development decisions.
B. This chapter defines and sets forth standards which apply to conservation districts. 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 Section 18.52.055 and further, aggrieved persons shall have the right to appeal any design review
decision made under the provisions of this chapter, in accordance with Section 18.42.100 and
Chapter 18.58.
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, 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 eight districts and forty additional landmark structures, in the
National Register of Historic Places and includes, the eight designated districts and forty
landmarks. This chapter sets forth the means of protecting and enhancing the conservation
district.
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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, regulate structures, archaeological sites and areas that are
reminders of past eras, events or persons important in local, state or national history; or which
provide significant examples, of land planning or architectural styles or are landmarks in the
history of land planning and architecture; or which are unique or irreplaceable assets to the city
and its neighborhoods; or which provide examples of physical surroundings in which past generations lived; or which 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 Section 18.52.055, 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 Section 18.42.100 and Chapter 18.58.
18.42.020 Definitions. Unless specifically defined below, words and phrases to this chapter shall be interpreted so as
to give them the same meaning as set forth in the principal definitions section (Chapter 18.04), or
if not so defined, shall have the same meaning as they have in common usage and so as to give this chapter its most reasonable application.
"Alteration" means any act or process, except repair and light construction as defined herein,
that changes one or more of the architectural features of a structure or site, including, but not
limited to, the erection, construction, reconstruction, relocation of or addition to a structure. The
term alteration may apply to any act or process that changes the interior architectural features of that portion of a public or private property commonly frequented by the general public, provided
said public or private property is located within a designated historic district or listed
individually on the National Historic Register. However, changes upon interior elements of
private residences, regardless of their location or historic status, shall not be considered
alterations as defined in this section. "Architectural appearance" means the architectural character and general composition of a
structure, including but not limited to, the kind and texture, of the building's materials and the
type, design and character of all windows, doors, light fixtures, signs and appurtenant exterior
elements; and, interior architectural detail including, but not limited to, floors, fixtures, hardware,
47
ornamentation and other elements that contribute to the building's architectural or historical
significance.
"Area" means a specific, geographic division of the city of Bozeman.
"Certificate" means a certificate of appropriateness issued by the pertinent review authority
indicating its approval of plans to alter a structure. "Conservation district” means, an area designated as the neighborhood conservation overlay
district on the city zoning map pursuant to the procedures set forth herein.
"Construction" means the act of adding to an existing structure or erecting a new principal or
accessory structure.
"Demolition" means any act or process that destroys, in part or whole, a structure or archaeological site.
"Landmark” means a site, structure or object designated as a "landmark" pursuant to the
procedures prescribed herein, that is worthy of preservation, restoration or rehabilitation because
of its historic land planning or architectural significance and officially recognized through listing
in the National Register. A landmark shall be subject to all conservation district procedures and requirements.
"Light construction" means any change not construed as an alteration or repair, including:
paving of established driving and parking areas (subject to the requirements of Section
18.50.120); construction of patios not greater than one hundred twenty square feet in size;
construction of sidewalks not wider than three feet; and landscaping (but not including major changes in grading or site surface drainage).
"National Register" means the National Register of Historic Places; a list, maintained by the
U.S. Department of Interior, of sites, properties, objects and districts having local, state, or
national historical, architectural or cultural significance.
"Preservation, board" means the Bozeman historic, preservation advisory commission. "Relocation" means any movement of a structure, on the same site or to another site.
"Repair" means any change not otherwise construed as light construction or an alteration, as
herein defined, that constitutes replacing broken, worn or damaged materials with like, not
necessarily identical, materials and is insignificant to the size and condition of the structure or
property, Repainting and reroofing shall be included under this definition of repair.
18.42.030 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
development within neighborhood conservation districts in order to maintain 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, the design review board and administrative design review staff shall have the
following powers and duties within conservation districts:
A. The administrative design review staff is empowered to implement conservation district procedures and requirements and, within the conservation districts is empowered to approve,
conditionally approve, or deny sketch plan applications as per Section 18.42.070 and certain
demolition applications as per Section 18.42.090 through the issuance or denial of certificates of
appropriateness;
B. The design review board is empowered to approve, conditionally approve or deny minor site plan applications through the issuance or denial of certificates of appropriateness and to
recommend the approval, conditional approval or denial of a certificate of appropriateness to the
body with final approval authority for major site plan, conditional use permit, and planned unit
development applications. The design review board is also empowered to approve, conditionally
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approve or deny certain demolition applications as per Section 18.42.090, or recommend such
actions to the body with the final approval authority;
C. Both the design review board and administrative design review staff are empowered to:
1. Develop and apply specific guidelines, related to such concerns as architectural
appearance, landscape design and signage for the alteration of structures, sites or areas; 2. Review applicable development proposals, applications for zoning amendments, or
applications for moving, demolition or any other kind of permit that may affect properties within
conservation districts;
3. Call upon city staff or persons having technical expertise for advice;
4. Testify before all boards, commissions and agencies on any matter affecting architecturally significant sites, structures, objects, areas, neighborhoods and districts;
5. 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.
18.42.040 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 preservation board subject to the provisions of Chapter 2.80 of the Bozeman Municipal Code, Historic Preservation Advisory Commission, and Chapter 18.55, Text
Amendment and Rezoning Changes. Property owner concurrence is necessary for the
designation or recision of landmark, status.
18.42.050 Certificate of appropriateness. A certificate of appropriateness, received from either the design review board, administrative
design review staff or the city commission, shall be required before any and all alteration(s) other
than repair as defined herein, are undertaken upon any structure in the conservation district. For
alterations not requiring city commission approval, compliance with the design review board’s or
administrative design review staff's decisions will be mandatory subject to appeal to the city commission as set forth in Chapter 18.58 of this title. 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 18.51, Design Review Board, Administrative
Design Review Staff and Development Review Committee and Chapter 18.52, Plan Review and
Approval. If the demolition or move of structures or sites subject to the conservation district
requirements is proposed, the procedures in Section 18.42.090 shall apply.
C. A denial of a certificate shall be accompanied by a written statement of reasons for the denial.
18.42.060 Standards for certificates of appropriateness.
A. Applications for certificates shall be in general conformance with the Secretary of
Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1983), published by U.S. Department of the Interior, National Park Service,
Preservation Assistance Division, Washington, D.C., (available for review at the Bozeman
planning office).
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B. Architectural appearance design guidelines used to consider the appropriateness and
compatibility of proposed alterations with original design features of subject structures or
properties and with neighboring structures and properties shall focus upon the following:
l . Height;
2. Proportions of doors and windows; 3. Relationship of building masses and spaces;
4. Roof shape;
5. Scale;
6. Directional expression, with regard to the dominant horizontal or vertical expression of
surrounding structures; 7. Architectural details;
8. Concealment of nonperiod appurtenances, such as mechanical equipment; and
9. Materials and color schemes (any requirements or conditions, imposed regarding color
schemes shall be limited to the prevention of nuisances upon abutting properties and prevention
of degradation of features on the property in question-color schemes may be considered as primary design elements if a deviation from the underlying zoning is requested).
C. Contemporary, nonperiod and innovative design of new structures and additions to
existing structures shall be encouraged when such new construction or additions do not destroy
significant historical, cultural or architectural structures or their components and when such
design is compatible with the foregoing elements of the structure and surrounding structures.
18.42.070 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 18.52 of this title. Where development projects in the conservation district require only sketch plan review as per Chapter
18.52 (i.e. single-family, two-family, three-family and four-family residential structures, each on
individual lots; signs; fences; property alterations; and certain amendments, to site plans), appli-
cations for certificates of appropriateness shall be made on a form provided by the planning
office, and shall include the information and material as set forth in Chapter 18.52.
18.42.080 Deviations from underlying zoning requirements. Because the development of much of historic Bozeman preceded zoning 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 Section 18.42.060, 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,
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.
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18.42.090 Demolition or move of structures or sites within the conservation district. The demolition or move 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 move of any structure or site within the conservation district are as follows:
A. Applications for the demolition or move of structures, within the conservation district will not be accepted without a complete submittal for the subsequent development or treatment of the
site after the demolition or move has occurred. The subsequent development or treatment must
be approved before a demolition or moving permit may be issued.
B. The demolition or move of structures or sites, including subsequent development, that are
located within the conservation district but outside of historic districts and not designated as landmarks, and that are designated as intrusive or neutral elements by the Montana Historical
and Architectural Inventory, and noncontributing accessory structures, for all other locations,
subject to the conservation district requirements, shall be subject to review and approval by the
ADR staff as per Chapter 18.52 and the standards in Section 18.42.060. The final approval
authority for the demolition or move of structures or sites described within this section shall rest with the city commission when proposed in conjunction with a major site plan application,
conditional use permit or planned unit development.
C. The demolition or move of structures or sites, including subsequent development, that are
located within the conservation district but outside of historic districts and are designated as
contributing or primary 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, upon receiving a recommendation from the design review
board. Notice of the public hearing before the city commission shall be provided in accordance
with Section 18.52.055.B. If the demolition or move of structures or sites described in this
section is proposed in conjunction with a major site plan, conditional use permit or planned unit development application, then the design review board shall also forward a recommendation to
the city commission regarding such demolition or move in conjunction with any action on the
respective application.
The city commission shall base its decision on the following:
1. The standards in Section 18.42.060 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 Bozeman historic preservation office.
2. If the commission finds that the criteria in subsection (C)(1) of this section is not satisfied,
then 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 alternative to the demolition or move, including but not
limited to the use of tax credits or adaptive reuse. The two-year stay may be terminated at any
point in time, if an alternate proposal is approved or if sufficient additional evidence is presented to otherwise satisfy the requirements of subsection B or C of this section.
E. All structures or sites approved for demolition or moving shall be fully documented in a
manner acceptable to the historic preservation officer and administrative design review staff
prior to the issuance of demolition or moving permits.
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F. In addition to the remedies in Chapter 18.70, 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.
18.42.100 Appeals. Aggrieved persons, as defined in Chapter 18.58 of this title, may appeal the decision of the
administrative design review staff or design review board pursuant to the provisions of said
chapter. In such event, the issuance of a certificate shall be stayed until the appeal process has been satisfied.
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Chapter 18.43 BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT
Sections: 18.43.010 Title. 18.43.020 Intent and purpose. 18.43.030 Application of entryway corridor provisions.
18.43.040 Design review board and administrative design review staff powers
and duties within entryway corridors. 18.43.050 Certificate of appropriateness. 18.43.060 Design criteria and development standards in entryway corridors. 18.43.070 Application requirements for certificates of appropriateness in
entryway corridors.
18.43.080 Deviation from overlay or underlying zoning requirements. 18.43.090 Appeals.
18.43.010 Title.
These regulations shall be known as the Bozeman entryway corridor overlay district regulations and may be cited as the entryway corridor regulations.
18.43.020 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, 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 any
agency, board or commission involved in entryway corridor development decisions.
18.43.030 Application of entryway corridor provisions.
Entryway corridor provisions shall apply to all entryway corridor areas as designated on the Official city of Bozeman 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 six hundred sixty 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
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3. U.S. 10, from the I-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;
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 three
hundred thirty 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 I-90 Interchange to Main Street
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 I-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.
18.43.040 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 following
powers and duties within entryway corridors:
A. The administrative design review staff is empowered to implement entryway corridor procedures and requirements and, within the entryway corridors is empowered to approve,
conditionally approve or deny sketch plan applications through the issuance or denial of
certificates of appropriateness.
B. The design review board is empowered to approve, conditionally approve or deny minor
site plan applications through the issuance or denial of certificates of appropriateness and to recommend the approval, conditional approval or denial of a certificate of appropriateness to the
body with final approval authority for major site plan, conditional use permit, and planned unit
development applications.
C. Both the design review board and administrative design review staff are empowered to:
1. Develop and apply specific guidelines related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of structures, sites or areas;
2. Review applicable development proposals applications for zoning amendments, or
applications for moving, demolition or any other kind of permit that may affect properties
located within entryway corridors;
3. Call upon city staff or persons having technical expertise for advice; 4. Testify before all boards, commissions and agencies on any matter affecting entryway
corridors.
18.43.050 Certificate of appropriateness.
A Certificate of appropriateness, received from either the design review board, administrative design review staff, or the city commission, shall be required before any and all alteration(s)
other than repair as defined in Chapter 18.42, are undertaken upon any structure in the entryway
corridor. For alterations not requiring city commission approval, compliance with the design
review board's or administrative design review staff's decisions will be mandatory subject to
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appeal to the city commission as set forth in Chapter 18.58. Application procedures are as
follows:
A. No building, demolition, sign (if a deviation is requested), conditional use 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 18.51, Design Review Board, Administrative Design Review
Staff and Development Review Committee, and Chapter 18.52, Plan Review and Approval.
C. A denial of a certificate shall be accompanied by a written statement of reasons for the
denial.
18.43.060 Design criteria and development standards in entryway Corridors. The following general design criteria and development standards shall apply to all
development occurring within the areas described in Section 18.43.030, above.
A. General Standards. 1. The development shall provide for adequate open space, circulation, off-street parking, and
pertinent amenities. Buildings, structures and facilities the parcel shall be integrated, oriented
and related to the topographic and natural landscape features of the Bozeman area.
2. The proposed development shall be compatible with existing and planned land use, and
with circulation patterns on adjoining properties. It shall not constitute a disruptive element to adjacent or nearby properties or to the environmental character of the Bozeman area.
3. The proposed development shall also comply with all applicable design standards and
guidelines, including the entryway corridor design objectives plan.
B. Access Standards.
1. Initial access provision to properties fronting on any Class I entryway corridor roadway shall be designed so access points on said roadway are spaced no more closely than every six
hundred sixty feet. Initial access provision to properties fronting on any Class II entryway
corridor roadway shall be designed so access points on the roadway are spaced no more closely
than every three hundred thirty feet or one city block.
2. Revised access schemes to previously developed or subdivided property shall consolidate access points on entryway roadways whenever possible and shall add no additional points of
access to the roadways unless such addition can be demonstrated to improve the operation of the
entryway roadway. It shall be the obligation of the applicant to determine an acceptable method
of access to his/her property including securing access easements from adjacent properties, if
necessary. 3. When addressing pre-existing development in fully built-up areas, these access standard
provisions shall be interpreted in a practical manner allowing for continuing reasonable access to
properties along entryway corridors.
C. Parking, Building and Landscape Standards. In addition to the qualitative design standards
and guidelines in the entryway Corridor design objectives plan, parking areas and buildings shall be set back at least fifty feet from any Class I entryway corridor roadway right-of-way and at
least twenty-five feet from any Class II entryway corridor roadway right-of-way. 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.
18.43.070 Application requirements for certificates of appropriateness in entryway
corridors
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Applications for certificates of appropriateness shall be made in conjunction with
applications for site plan approval, in accordance with Chapter 18.52. Where development
projects in the entryway corridor require only sketch plan review as per Chapter 18.52 (i.e.
single-family, two-family, three-family and four-family 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 office, and shall include the information and material
as set forth in Chapter 18.52.
18.43.080 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 Chapter 18.52, Plan Review and Approval, and shall be accompanied by written
and graphic material sufficient to illustrate the conditions that the modified standards will
produce, so as to enable the city commission to 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 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 twenty percent beyond or below minimum or
maximum standards respectively, as established in the underlying zoning district regulations.
18.43.090 Appeals Aggrieved person, as defined in Chapter 18.58, may appeal the decision of the design review
board or the administrative design review staff pursuant to the provision of said chapter. In such
event, the issuance of a certificate shall be stayed until the appeal process has been satisfied.
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Chapter 18.44 FLOOD HAZARD DISTRICT
Sections: 18.44.010 Title. 18.44.020 Purpose. 18.44.030 Definitions.
18.44.040 Jurisdictional area.
18.44.050 Floodplain district establishment. 18.44.060 Floodplain administrator. 18.44.070 Rules for interpretation of floodplain district boundaries. 18.44.080 Compliance with regulations.
18.44.090 Abrogation and greater responsibility.
18.44.100 Regulation interpretation. 18.44.110 Warning and disclaimer of liability. 18.44.120 Disclosure provision. 18.44.130 Administration of regulations.
18.44.140 Permit applications.
18.44.150 Emergency waiver. 18.44.160 Review-Variances-Appeals. 18.44.170 Fees. 18.44.180 Floodplain development compliance.
18.44.190 Emergency preparedness planning.
18.44.200 Applications-Specific standards. 18.44.210 Floodway - Uses allowed without permits. 18.44.220 Floodway-Uses requiring permits. 18.44.230 Floodway-Permits for flood control works.
18.44.240 Floodway-Permits for water diversions.
18.44.250 Floodway-Prohibited uses. 18.44.260 Floodway fringe-Uses allowed without permits. 18.44.270 Floodway fringe-Uses requiring permits. 18.44.280 Floodway fringe-Prohibited uses.
18.44.290 Floodplain areas with flood elevations and no delineated floodway.
18.44.300 Shallow flooding (AO zones). 18.44.310 Applicability to unnumbered A zones. 18.44.320 A zones-Uses allowed without permits. 18.44.330 A zones-Uses requiring permits.
18.44.340 A zones-Prohibited uses.
18.44.350 A zones-Floodplain boundary interpretation. 18.44.360 Floodproofing requirements - Certification. 18.44.370 Floodproofing requirements - Conformance. 18.44.380 Floodproofing requirements - Electrical systems.
18.44.390 Floodproofing requirements -Heating systems.
18.44.400 Floodproofing requirements - Plumbing systems. 18.44.410 Violation notice. 18.44.420 Violation-Penalty.
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18.44.010 Title. These regulations shall be known and cited as the Bozeman floodplain regulations. This
chapter is in accordance with exercising the authority of the laws of the state of Montana.
18.44.020 Purpose. To promote the public health, safety and general welfare, to minimize flood losses in areas
subject to flood hazards, and to promote wise use of the floodplain. This chapter has been
established with the following purposes intended:
A. To guide development of the one hundred year floodplain within the Bozeman city limits
consistent with the enumerated findings by: 1. Recognizing the right and need of water courses to periodically carry more than the normal
flow of water; and
2. Participating in coordinated efforts of federal, state, and local management activities for
one hundred-year floodplains; and
3. Ensuring the regulations and minimum standards adopted, insofar as possible, balance the greatest public good with the least private injury.
B. Specifically it is the purpose of this chapter to:
1. Restrict or prohibit uses that are dangerous to health, safety, and property in times of flood,
or that cause increased flood heights and velocities; and
2. Require that uses vulnerable to floods, including public facilities, be provided with flood protection at the time of initial construction; and
3. Identify lands unsuitable for certain development purposes because of flood hazards; and
4. Minimize the need for rescue and relief efforts associated with flooding undertaken at the
expense of the general public; and
5. Ensure potential buyers are notified that property is within a one hundred-year floodplain and subject to the provisions of these regulations; and
6. Ensure that those who occupy one hundred year floodplains assume responsibility for their
actions.
18.44.030 Definitions. Unless specifically defined below, words or phrases used in these regulations shall be
interpreted to give them the meaning they have in common usage and to give these regulations
the most reasonable application.
"Act" means the Montana Floodplain and Floodway Management Act, Sections 76-5-101
through 406, MCA. "Alteration" means any change or addition to a structure that either increases its external
dimensions or increases its potential flood hazard.
"Appeal" means a request for a review of the floodplain administrator's interpretation of any
provisions of these regulations or a request for a variance.
"Area of special flood hazard" means the land in the floodplain within the community subject to inundation by a one percent or greater chance of flooding in any given year, i.e., the one
hundred year floodplain.
"Artificial obstruction-Development" means any obstruction which is not natural and
includes any darn, diversion, wall, riprap, embankment, levee, dike, pile, abutment, projection,
revetment, excavation, channel rectification, bridge, conduit, culvert, building, refuse, automobile body, fill, or other analogous structure or matter in, along, across or projecting into
any one hundred-year floodplain which may impede, retard, or alter the pattern of flow of water,
either in itself or by catching or collecting debris carried by the water, or that is placed where the
natural flow of water would carry the same downstream to the damage or detriment of either life
or property.
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"Base flood" means a flood having a one percent chance of being equalled or exceeded in
any given year. A base flood is the same as a one hundred year flood.
"Base flood elevation" means the elevation above sea level of the base flood in relation to
National Geodetic Vertical Datum of 1929 unless otherwise specified in the flood hazard study.
"Channelization project" means the excavation and/or construction of an artificial channel for the purpose of diverting the entire flow of a stream from its established course.
"Establish" means to construct, place, insert, or excavate.
“Existing manufactured home park or subdivision" means a manufactured home park or
subdivision where the construction of facilities for servicing the manufactured homes lots is
completed before the effective date of the floodplain management regulations. This includes, at a minimum, the installation of utilities, the construction of streets, and either final site grading or
the pouring of concrete pads.
"FEMA" means the Federal Emergency Management Agency.
"Flood" or "flooding" means a general and temporary condition of partial or complete
inundation of normally dry lands from the overflow of a stream, or the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood Insurance Rate Map" means the map on which FEMA has delineated both the one
hundred year floodplains and the risk premium zones.
"Flood insurance study" means the report in which FEMA has provided flood profiles, as
well as the Flood Boundary/Floodway Map and the water surface profiles. "Floodplain" means the areas subject to these regulations, generally adjoining a stream, that
would be covered by floodwater of a base flood except for designated shallow flooding areas that
receive less than one foot of water per occurrence. The floodplain consists of a floodway and
floodway fringe.
"Flood Insurance Study" means the report in which FEMA has provided flood profiles, as well as the Flood Boundary/Floodway Map and the water surface profiles.
"Floodplain" means the areas subject to these regulations, generally adjoining a stream, that
would be covered by floodwater of a base flood except for designated shallow flooding areas that
receive less than one foot of water per occurrence. The floodplain consists of a floodway and
floodway fringe. "Floodway" means the channel of a stream and the adjacent overbank areas that must be
reserved in order to discharge a base flood without cumulatively increasing the water surface
elevation more than one-half foot.
"Floodway fringe" means that portion of the floodplain outside the limits of the floodway.
"Levee" means a manmade embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water to
provide protection from temporary flooding.
"Levee System" means a flood protection system that consists of a levee, or levees, and
associated structures, such as drainage and closure devices, which are constructed and operated
in accordance with sound engineering practices. "Lowest floor" means any floor used for living purposes, storage or recreation. This includes
any floor that could be converted to such a use.
"Manufactured home" means a structure that is transportable in one or more sections, built on
a permanent chassis, and designed to be used with or without a permanent foundation when
connected to the required utilities. This does not include recreational vehicles. "Manufactured home park or subdivision" means a parcel or contiguous parcels of land
divided into two or more manufactured home lots for rent or sale.
"Mean sea level" means the National Geodetic Vertical Datum (NGVD) of 1929 or other
datum to which base flood elevations are references.
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"New construction" means structures for which construction, substantial improvement, or
alteration commences on or after the effective date of these regulations.
"Official floodplain maps" means the Flood Insurance Rate Maps and Flood
Boundary/Floodway Maps provided by FEMA for the city dated July 15, 1988.
"One hundred-year flood" means a flood having a one percent chance of being equalled or exceeded in any given year. A one hundred-year flood has nearly a 23 percent change of
occurring in a twenty-five-year period. A one hundred year flood is the same as a base flood.
"Permit issuing authority" means the Bozeman city commission.
"Recreational vehicle" means a vehicle which is (1) built on a single chassis; (2) four
hundred square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily for
use as temporary living quarters for recreation, camping, travel, or seasonable use, not for use as
a permanent dwelling.
"Riprap" means stone, rocks, concrete blocks or analogous material that is placed along the
banks or bed of a stream to alleviate erosion. "Start of construction" means the commencement of clearing, grading, filling or excavating
to prepare a site for construction.
"Structure" means a walled and roofed building, manufactured home, a gas or liquid storage
tank, bridge, culvert, dam, diversion, wall revetment, dike, or other projection may impede,
retard or alter the pattern of flow of water. "Substantial damage" means damage sustained by a structure where the cost of restoring the
structure to its condition before damage would equal or exceed fifty percent of the market value
of the structure before the damage occurred.
"Substantial improvement" means any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds fifty of the market value of the structure either: 1. Before the improvement or repair is started, or
2. If the structure has been damaged, and is being restored, before the damage occurred. For
the purposes of this definition, substantial improvement is considered to occur when the first
construction to any wall, ceiling, floor or other structural part of the building commences. The
term does not include: a. Any project for improvement of a structure to comply with existing state or local health,
sanitary, or safety code specifications which are solely necessary to assure safe living conditions,
or
b. Any alteration of a structure listed on the National Register of Historic Places or State
Inventory of Historic Places. "Suitable fill" means fill material which is stable, compacted, well-.graded, pervious,
generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree
stumps or other organic material, and is fitting for the purpose of supporting the intended use
and/or permanent structure.
"Variance" means a grant of relief from the requirements of this chapter that would permit construction in a manner otherwise prohibited by this chapter.
"Violation" means the failure of a structure or other development to be fully compliant with
this chapter. A structure or other development without elevation certificate, certification by a
licensed engineer or architect of compliance with these regulations, or other evidence of
compliance is presumed to be in violation until such time as documentation is provided. 18.44.040 Jurisdictional area. This chapter shall apply to all lands within the boundaries of the city of Bozeman, state of
Montana, shown on the official floodplain maps as being located within a one-hundred year
floodplain district.
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18.44.050 Floodplain district establishment. The floodplain districts established are defined by the base flood elevations and one hundred-
year flood plains as delineated in the Flood Insurance Study. The basis for the Flood Insurance
Study is a scientific and engineering report entitled The Flood Insurance Study for the City of Bozeman, Montana, dated July 15, 1988, with accompanying Flood Insurance Rate Maps and
Flood Boundary/Floodway Maps. The official floodplain maps, together with the Flood
Insurance Study are on file in the office of the floodplain administration.
18.44.060 Floodplain administrator. The city floodplain administrator has been designated to be the city engineer. The
responsibilities of this position are outlined in Section 18.44.130.
18.44.070 Rules for interpretation of floodplain district boundaries.
The boundaries of the one hundred-year floodway shall be determined by scaling distances on the official floodplain maps and using the floodway data table contained in the flood
insurance study report. The maps may be used as a guide for determining the one hundred-year
floodplain boundary, but the exact location of the floodplain boundary shall be determined where
the base flood elevation intersects the natural ground.
18.44.080 Compliance with regulations. No structure or land use shall be located, extended, converted or structurally altered without
full compliance with the provisions of these regulations and other applicable regulations. These
regulations meet the minimum floodplain development requirements as set forth by the Montana
Board of Natural Resources and Conservation and the National Flood Insurance Program.
18.44.090 Abrogation and greater responsibility. It is not intended by this chapter to repeal, abrogate, or impair any existing easements,
covenants, deed restrictions, or underlying zoning. However, where this chapter imposes greater
restrictions, the provisions of this chapter shall prevail. 18.44.100 Regulation interpretation. The interpretation and application of the provisions of these regulations shall be considered
minimum requirements and liberally construed in favor of the governing body and not deemed a
limitation or repeal of any other powers granted by state statute.
18.44.110 Warning and disclaimer of liability. This chapter does not imply that areas outside the delineated floodplain boundaries or
permitted land uses will always be totally free from flooding or flood damages. These
regulations shall not create a liability or cause of action against the city or any officer or
employee thereof for flood damages that may result from reliance upon these regulations. 18.44.120 Disclosure provision. All owners of property in an identified one hundred-year floodplain as indicated on the
official floodplain maps must notify potential buyers or their agents that such property is subject
to the provisions of this chapter.
18.44.130 Administration of regulations. A. As provided in Section 18.44.060, the floodplain administrator has been designated by the
city commission, and has the responsibility of such position as outlined in this chapter.
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B. The floodplain administrator is appointed with the authority to review floodplain
development permit applications, proposed uses, and construction to determine compliance with
these regulations. The floodplain administrator is required to assure all necessary permits have
been received from those governmental agencies from which approval is required by federal and
state law and local codes, including Section 404 of the Federal Water Pollution Control Act of 1972, 33 U.S.C. 1334, and under the provisions of the Natural Streambed and Land Preservation
Act.
1. Additional Factors. Floodplain development permits shall be granted or denied by the
floodplain administrator on the basis of whether the proposed establishment, alteration or
substantial improvement of an artificial obstruction meets the requirements of this chapter. Additional factors that shall be considered for every permit application are:
a. The danger to life and property due to increased flood heights, increased flood water
velocities, or alterations in the pattern of flood flow caused by encroachments;
b. The danger that materials may be swept onto other lands or downstream to the injury of
others; c. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions;
d. The susceptibility of the proposed facility and its contents to flood damage and the effects
of such damage on the individual owner;
e. The importance of the services provided by the facility to the community; f. The requirement of the facility for a waterfront location;
g. The availability of alternative locations not subject to flooding for the proposed use;
h. The compatibility of the proposed use with existing development and anticipated
development in the foreseeable future;
i. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area;
j. The safety of access to property in times of flooding or for ordinary and emergency
services; and
k. Such other factors as are in harmony with the purposes of these regulations, the Montana
Floodplain and Floodway Management Act, and the National Flood Insurance Program. C. A floodplain development permit application is considered to have been automatically
granted sixty days after the date of receipt of the application by the floodplain administrator
unless the applicant has been notified that the permit is denied, conditionally approved, or
additional information pertinent to the permit review process is required.
D. The floodplain administrator shall adopt such administrative procedures as may be necessary to efficiently administer the provision of these regulations.
E. The floodplain administrator shall maintain such files and records as may be necessary to
document nonconforming uses, base flood elevations, floodproofing and elevation certifications,
fee receipts, the issuance of permits, agenda, minutes, records of public meetings, and any other
matters related to floodplain management in the Bozeman zoning jurisdictional area. Such files and records shall be open for public inspection. In matters of litigation, the city attorney may
restrict access to specific records.
F. The floodplain administrator may require whatever additional information is necessary to
determine whether the proposed activity meets the requirements of these regulations. Additional
information may include hydraulic calculations assessing the impact on base flood elevations or velocities; level survey; or certification by a registered land surveyor, professional engineer or
licensed architect that the requirements of these regulations are satisfied.
G. Upon receipt of an application for a permit or a variance, the floodplain administrator
shall prepare a notice containing the facts pertinent to the application and shall publish the notice
at least once in a newspaper of general circulation in the area. Notice shall also be served by
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first-class mail upon adjacent property owners and the Department of Natural Resources and
Conservation (DNRC) Floodplain Management Section. The notice shall provide a reasonable
period of time, not less than fifteen days, for interested parties to submit comments on the
proposed activity.
H. Copies of all permits granted must be sent to the Department of Natural Resources and Conservation in Helena, Montana.
1. In riverine situations, notifications by the floodplain administrator must be made to
adjacent communities, the Floodplain Management Section (DNRC), and FEMA prior to any
alteration or relocation of a stream. The flood-carrying capacity within the altered or relocated
portion of any stream must be maintained. Erosion control measures shall be incorporated to ensure stability of altered channels and stream banks.
18.44.140 Permit applications.
A. Activities or uses that require the issuance of a permit, including the expansion or
alteration of such uses, shall not be initiated, established or undertaken until a permit has been issued by the floodplain administrator.
B. Permit applicants shall be required to furnish the following information as deemed
necessary by the floodplain administrator for determining the suitability of the particular site for
the proposed use:
1. Plans in duplicate drawn to scale (including dimensions) showing the nature, location and elevation of the lot; existing and proposed structure locations; fill, storage, or materials site;
floodproofing measures; mean sea level elevation of first floor of proposed structures; and
location of the channel and limits of one hundred-year floodplain boundary;
2. A plan view of the proposed development indicating external dimensions of structures,
street or road finished grade elevations, well locations, individual sewage treatment and disposal sites, excavation and/or fill quantity estimates, and site plan and/or construction plans;
3. Specifications for floodproofing, filling, excavating, grading, riprapping, storage or
materials and location of utilities;
4. A professional engineer's or registered architect's design calculations and certification that
the proposed activity has been designed to be in compliance with these regulations; 5. Certification of floodproofing and/or elevation shall be provided on a standard form
available from the floodplain administrator.
C. To determine that the permit specifications and conditions have been completed,
applicants who have received permits are required to furnish the following at the time of an on-
site conformance inspection: 1. Certification by a registered professional engineer or licensed land surveyor of the actual
mean sea level elevation of the lowest floor (including basement) of all new, altered or
substantially improved buildings;
2. If floodproofing techniques were used for buildings, the mean sea level elevation to which
the floodproofing was accomplished must be certified by a structural engineer or licensed architect in the same manner,
3. Certification shall also be required. for artificial obstructions other than-buildings, that the
activity was accomplished in accordance with these regulations and the design plans submitted
with the application for the permit activity. This certification may be waived by the floodplain
administrator if it can be clearly ascertained by a site inspection that the activity was accomplished in accordance with these regulations.
4. Certification of floodproofing and/or elevation shall be provided on a standard form
available from the floodplain administrator.
18.44.150 Emergency waiver.
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A. Emergency repair and replacement of severely damaged public transportation facilities,
public water and sewer facilities, and flood control works may be authorized. Floodplain
development permit requirements may be waived if:
1. Upon notification and prior to emergency repair and/or replacement, the floodplain
administrator determines that an emergency condition exists warranting immediate action; and 2. The floodplain administrator agrees upon the nature and type of proposed emergency
repair and/or replacement.
B. Authorization to undertake emergency repair and replacement work may be given verbally
if the floodplain administrator feels that such a written authorization would unduly delay the
emergency works. Such verbal authorization must be followed by a written authorization describing the emergency condition, and the type of emergency work agreed upon, and stating
that a verbal authorization had been previously given.
18.44.160 Review-Variances-Appeals.
A. There is created a local floodplain management board of adjustment, the membership, administration, and rules of procedure of which are identical to the city commission.
B. The city commission may, by variance, grant a permit that is not in compliance with the
minimum standards contained in these regulations according, to the following procedures:
1. Variances shall not be issued for areas within a floodway if any additional increase in
flood elevations or velocities after allowable encroachments into the floodway fringe would result;
2. Variances shall only be issued upon:
a. A showing of good and sufficient cause,
b. A determination that refusal of a permit due to exceptional circumstances would cause a
unique or undue hardship on the applicant or community involved, c. A determination that the granting of a variance will not result in increased flood hazards,
present additional threats to public safety, be an extraordinary public expense, create nuisances,
cause fraud, victimize the public, or conflict with existing state and local laws,
d. A determination that the proposed use would be adequately floodproofed,
e. A determination that a reasonable alternate location outside the floodplain is not available, f. A determination that the variance requested is the minimum necessary to afford relief,
considering the flood hazard, and
g. Approval of the Montana Department of Natural Resources and Conservation, upon
request from the permit issuing authority, prior to formally approving any permit application that
is in variance to these regulations; 3. Variances shall be issued in writing from the permit issuing authority and shall notify the
applicant that:
a. A specific variance is granted, and certain conditions may be attached;
b. The issuance of a variance to construct a building below the one hundred-year floodplain
elevation will result in increased premium rates; and c. Such construction below the one hundred year flood elevation increase risks to life and
property. The floodplain administrator shall maintain records of the variance notification and
actions, including justification for their issuance, and forward copies of all variance actions to the
Montana Department of Natural Resources and Conservation and the Federal Emergency
Management Agency. C. Appeal of any decision of the permit issuing authority, its officers, or agencies may be
taken by an aggrieved person or persons, jointly or separately, to a court of record.
18.44.170 Fees.
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Fees shall be established by resolution of the city commission and shall be submitted with
each permit application.
18.44.180 Floodplain development - Compliance.
Any use, arrangement, or construction not in compliance as authorized by permit, shall be deemed a violation of this chapter and punishable as provided in Section 18.44.420. An applicant
is required to submit certification by a registered professional engineer, architect, land surveyor,
or other qualified person designated by the floodplain administrator that finished fill and lowest
building floor elevations, flood proofing, hydraulic design, or other flood protection measures
were accomplished in compliance with these regulations.
18.44.190 Emergency preparedness - planning. In formulating community development goals, the community shall consider the
development of a plan for evacuating residents of all manufactured home parks or subdivisions
located within flood prone areas. This plan should be developed, filed with, and approved by appropriate community emergency management authorities.
18.44.200 Applications - Specific standards.
The minimum floodplain development standards listed in this chapter apply to the floodway
and floodway fringe portions of the one hundred-year floodplain as delineated on the flood hazard area maps.
18.44.210 Floodway - Uses allowed without permits.
The following open space uses shall be allowed without a permit within the floodway,
provided that such uses conform to the provisions of Sections 18.44.360 through 18.44.400; are not prohibited by any other ordinance, resolution or statute; and do not require filled, excavation,
permanent storage of materials, or equipment or structures other than portable structures:
A. Agricultural uses;
B. Accessory uses such as loading and parking areas, or emergency landing strips associated
with industrial and commercial facilities; C. Private and public recreational uses such as golf courses, driving ranges, archery ranges,
picnic grounds, boat-launching ramps, parks, wildlife management and natural areas, game
farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and
fishing areas, and hiking or horseback riding trails;
D. Forestry, including processing of forest products with portable equipment; E. Residential uses such as lawns, gardens, parking areas and play areas;
F. Irrigation and livestock supply wells, provided that they are located at least five hundred
feet from domestic water supply wells;
G. Fences, except permanent fences crossing channels; and
H. Recreational vehicles provided that they be on the site for fewer than one hundred eighty consecutive days, or be fully licensed and ready for highway use. A recreational vehicle is ready
for highway use if it is on its wheels or jacking system with wheels intact, is attached to the site
only by quick disconnect type utilities and security devices, and has not permanently attached
additions.
18.44.220 Floodway - Uses requiring permits. The following artificial obstructions may be permitted in the floodway subject to the issuance
of a permit by the floodplain administrator:
A. Excavation of material from pits and pools provided that:
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1. A buffer strip of undisturbed land is left between the edge of the channel and the edge of
the excavation. This buffer strip must be of sufficient width to prevent flood flows from
channeling into the excavation;
2. The excavation meets all applicable laws and regulations of other local and state agencies;
and 3. Excavated material is disposed of or stockpiled outside the floodway;
B. Railroad, highway and street stream crossings provided the crossings are designed to offer
minimal obstruction to flood flow. Stream crossings shall not increase the elevation of the one
hundred-year flood more than one-half foot nor cause a significant increase in flood velocities;
C. Limited filling for highway, street and railroad embankments not associated with stream crossings, provided that:
1. Reasonable alternate transportation routes outside the designated floodway are not
available, and
2. Such floodway encroachment is located as far from the stream channel as possible and
shall not result in a cumulative increase in base flood elevations, after allowable encroachments into the floodway fringe, exceeding one-half foot;
D. During or suspended utility transmission lines, provided that:
1. Suspended utility transmission lines are designed so the lowest point of the suspended line
is at least six feet higher than the base flood elevation;
2. Towers and other appurtenant structures are designed and placed to withstand and minimally obstruct flood flows; and
3. Utility transmission lines carrying toxic or flammable materials are buried to a depth of at
least twice the calculated maximum depth of scour for a one hundred-year flood. The maximum
depth of scour shall be determined by hydraulic engineering methods acceptable to the
floodplain administrator; E. Storage of materials and equipment, provided that:
1. The material or equipment is not subject to major damage by flooding and is properly
anchored to prevent floatation or downstream movement, or
2. The material or equipment is readily movable within the limited time available after flood
warning. Storage of flammable, toxic, hazardous or explosive materials shall not be permitted; F. Domestic water supply wells, provided that:
1. They are driven or drilled wells located on ground higher than the surrounding ground to
assure positive drainage from the well,
2. Well casings are watertight to a distance of at least twenty-five feet below the ground
surface, 3. Water supply and electrical lines have a watertight seal where the lines enter the casing,
4. All pumps, electrical lines and equipment are either submersible or adequately
floodproofed, and
5. Check valves are installed on main water lines at wells and at all building entry locations;
G. Buried and sealed vaults for sewage disposal in recreational areas, provided they meet applicable laws and standards administered by the Montana Department of Health and
Environmental Sciences;
H. Public or private campgrounds, provided that:
1. Access roads require only limited fill and do not obstruct or divert flood waters, and
recreational vehicles and travel trailers are licensed and ready for highway use. They are ready for highway use if on wheels or jacking system with wheels intact, are attached to the site with
only quick disconnect type utilities and securing devices, and have no permanently attached
additions;
I. Structures accessory to the uses permitted in this section such as boat docks, marinas,
sheds, picnic shelters, tables and toilets provided that:
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1. The structures are not intended for human habitation,
2. The structures will have a low flood damage potential,
3. The structures will, insofar as possible, by located on around higher than the surrounding
ground and as far from the channel as possible,
4. The floodproofing standards of Sections 18.44.360 through 18.44.400 are met, and 5. The structures will be constructed and placed so as to offer minimal obstruction to flood
flows and are anchored to prevent flotation;
J. Replacement of manufactured homes in an existing manufactured home park or
subdivision on a developed site with servicing utilities. The replacement home must be elevated
on a permanent foundation so the lowest floor is two feet above the base flood elevation or thirty-six inches in height above grade. The foundation must be reinforced concrete, reinforced
mortared block, reinforced piers, or other foundation elements of at least equivalent strength. The
manufactured home chassis must be securely anchored to the foundation system so that it will
resist floatation, collapse and lateral movement. Methods of anchoring may include, but are not
limited to, use of over-the-top or frame ties to ground anchors; K. Substantial improvements to any structure provided that the provisions of subsections C,
D or E of Section 18.44.270 are met. In the floodway the structure must be floodproofed or
elevated on a permanent foundation rather than on fill;
L. All other artificial obstructions, substantial improvements or nonconforming uses not
specifically listed or prohibited by these regulations. 18.44.230 Floodway - Permits for flood control works. Flood control works shall be allowed within floodways subject to the issuance of a permit by
the floodplain administrator with the following conditions:
A. Levees and floodwalls are permitted if: 1. The proposed levee or floodwall is designed and construed to safely convey a one
hundred-year flood, and
2. The cumulative effect of the levee or floodwall combined with allowable floodway fringe
encroachments does not increase the unobstructed base flood elevation more than 0.5 foot. The
floodplain administrator may establish either a lower or higher permissible increase in the base flood elevation for individual levee projects only with concurrence from the Montana
Department of Natural Resources and Conservation and the Federal Emergency Management
Agency based upon consideration of the following criteria:
a. The estimated cumulative effect of any anticipated future permissible uses, and
b. The type and amount of existing flood-prone development in the affected area. 3. The proposed levee or floodwall, except those to protect agricultural land, is constructed at
least three feet higher than the base flood elevation;
B. Riprap, except that which is handplaced, if:
1. The riprap is designed to withstand a one hundred-year flood,
2. The riprap does not increase the base flood elevation, and 3. The riprap will not increase erosion upstream, downstream, or adjacent to the riprap site;
C. Channelization projects if they do not significantly increase the magnitude, velocity, or
base flood elevation in the proximity of the project;
D. Dams, provided that:
1. They are designed and constructed in accordance with the Montana Darn Safety Act and applicable safety standards, and
2. They will not increase flood hazards downstream, either through operational procedures or
improper hydraulic design.
18.44.240 Floodway - Permits for water diversions.
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Permits for the establishment of a water diversion of change in place of diversion shall not be
issued if, in the judgment of the floodplain administrator:
A. The proposed diversion will significantly increase the upstream base flood elevation to the
detriment of neighboring property;
B. The proposed diversion is not designed and constructed to minimize potential erosion from a one hundred-year flood; and
C. Any permanent diversion structure crossing the full width of the stream channel is not
designed and constructed to safely withstand a one hundred year flood.
18.44.250 Floodway - Prohibited uses. The following artificial obstructions and nonconforming uses are prohibited within the
floodway:
A. New construction of any residential, commercial or industrial structure including
manufactured homes;
B. Encroachments including fill, new construction, alterations, substantial improvements, and other development within the adopted regulatory floodway that would result in erosion of the
embankment, obstruction of the natural flow of waters, or increase in flood levels within the
community during the occurrence of the one hundred-year flood;
C. The construction or permanent storage of an object subject to floatation or movement
during flooding; D. Solid and hazardous waste disposal, sewage treatment and sewage disposal systems;
E. Storage of toxic, flammable, hazardous or explosive materials; and
F. Alterations of structures unless it can be shown the alteration will not raise flood heights.
18.44.260 Floodway fringe - Uses allowed without permits. All uses allowed in the floodway, according to the provisions of Section 18.44.210 of these
regulations, shall also be allowed without a permit in the floodway fringe. In addition, individual
or multiple family subsurface sewage disposal systems are allowed only when they are reviewed
and approved under laws and regulations administered by the Department of Health and Environmental Sciences or the local health board.
18.44.270 Floodway fringe - Uses requiring permits.
All uses allowed in the floodway subject to the issuance of a permit, according to the
provisions of Sections 18.44.220 through 18.44.240, shall also be allowed by permit within the floodway fringe. In addition. new construction, substantial improvements, and alterations to
structures are allowed by permit. This includes but is not limited to residential, commercial and
industrial construction and suitable fill to be allowed by permit from the floodplain
administrator, subject to the following conditions:
A. Such structures or fill must not be prohibited by any other statute, regulation, ordinance or resolution;
B. Such structures or fill must be compatible with local comprehensive plans;
C. The new construction, alterations, and substantial improvements of residential structures
including manufactured homes must be constructed on suitable fill such that the lowest floor
elevation (including basement) is two feet or more above the base flood elevation. The suitable fill shall be at an elevation no lower than the base flood elevation and shall extend for at least
fifteen feet, at that elevation, beyond the structure(s) in all directions;
D. The new construction, alteration, and substantial improvement of commercial and
industrial structures can be constructed on suitable fill as specified in subsection C of this
section. If not constricted on fill, commercial and industrial structures must be adequately
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floodproofed to an elevation no lower than two feet above the base flood elevation.
Floodproofing must be certified by a registered professional engineer or architect that the
floodproofing methods are adequate to withstand the flood depths, hydrodynamic and hydrostatic
pressures, velocities, impact, buoyancy, and uplift forces associated with the one hundred-year
flood. 1. If the structure is designed to allow internal flooding of areas below the lowest floor, use
of this space shall be limited to parking, loading areas, building access, and storage of equipment
or materials not appreciably affected by flood waters. The floors and wall shall be designed and
constructed of materials resistant to flooding to an elevation no lower than two feet above the
base flood elevation. Walls shall be designed to automatically equalize hydrostatic forces by allowing for entry and exit of floodwaters. Openings may be equipped with screens, louvers,
valves, other coverings, or devices which permit the automatic entry and exit of floodwaters.
2. Structures whose lowest floors are used for a purpose other than parking, loading, or
storage of materials resistant to flooding shall be floodproofed to an elevation no lower than two
feet above the base flood elevation. Floodproofing shall include impermeable membranes or materials for floors and walls and watertight enclosures for all windows, doors and other
openings. These structures shall also be designed to withstand the hydrostatic, hydrodynamic and
buoyancy effects of a one hundred-year flood.
3. Floodproofing of electrical, heating and plumbing systems shall be accomplished in
accordance with Sections 18.44.360 through 18.44.400; E. All manufactured homes placed in the floodway fringe must have the chassis securely
anchored to a foundation system that will resist floatation, collapse or lateral movement.
Methods of anchoring may include, but are not limited to, over-the-top or fringe ties to ground
anchors. The following conditions also apply:
1. When a manufactured home is a) altered, b) replaced because of substantial damage as a result of a flood, or c) replaced on an individual site, the lowest floor must be elevated two feet
above the base flood elevation. The home can be elevated on fill or raised on a permanent
foundation of reinforced concrete, reinforced mortared block, reinforced piers, or other
foundation elements of at least equivalent strength.
2. Replacement or substantial improvement of manufactured homes in an existing manufactured home park or subdivision must be raised on a permanent foundation. The lowest
floor must be at least thirty-six inches above the ground or raised two feet above the base flood
elevation, whichever is less. The foundation must consist of reinforced concrete, reinforced
mortared block, reinforced piers, or other foundation elements of at least equivalent strength.
3. Manufactured homes proposed for use as commercial or industrial structures must be elevated and anchored, rather than floodproofed;
F. Fill material placed in the floodway fringe must be stable, compacted, well graded,
pervious, generally unaffected by water and frost, devoid of trash or similar foreign matter,
devoid of tree stumps or other organic material, and appropriate for the purpose of supporting the
intended use and/or permanent structure; G. Roads, streets, highways and rail lines shall be designed to minimize increase in flood
heights. Where failure or interruption of transportation facilities would result in danger to the
public health or safety, the facility shall be located two feet above the base flood elevation;
H. Agricultural structures that have a low damage potential, such as sheds, barns, shelters,
and hay or grain storage structures must be adequate anchored to prevent floatation or collapse and all electrical facilities shall be placed above the base flood elevation; and
1. Recreational vehicles, if they are on the site for more than one hundred eighty consecutive
days or are not ready for highway use, must meet the elevating requirements of subsection C of
this section.
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18.44.280 Floodway fringe - Prohibited uses. The following artificial obstructions and nonconforming uses are prohibited within the
floodway fringe:
1. Solid and hazardous waste disposal; and
2. Storage of highly toxic, flammable, hazardous or explosive materials. Storage of petroleum products may be allowed by permit if stored on compacted fill at least two feet above
the base flood elevation and anchored to a permanent foundation to prevent downstream
movement.
18.44.290 Floodplain areas with flood elevations and no delineated floodway. A. A development proposed for a one hundred year floodplain, where water surface
elevations are available but no floodway is delineated, may not significantly increase flood
velocities or depths or generally alter patterns of flood flow. The provisions of Sections
18.44.260 through 18.44.280 shall apply to these areas. The floodplain administrator may require
a permit applicant to furnish additional hydraulic data before acting on a permit application for such a floodplain. The data may include, but are not limited to, any of the following:
1. A hydraulic study documenting probably effect on upstream, downstream or adjacent
property owners caused by the proposed development; or
2. The calculated increase in the one hundred year flood water surface profile caused by the
proposed development. B. Permits for such proposed development may be modified or denied if the additional
information shows that the proposed use would cause an additional flood hazard to adjacent
property or significantly increase in flood heights is one-half foot unless existing or anticipated
development in the area dictates a lesser amount of allowable increase.
18.44.300 Shallow flooding (AO zones). A. Shallow flooding areas are delineated as AO zone floodplains of the Flood Insurance Rate
Maps. The provisions of Section 18.44.270 shall apply to any AO zone floodplains. The depth of
the one hundred-year flood is indicated as the depth number on the Flood Insurance Rate Maps.
The one hundred-year flood depth shall be referenced to the highest adjacent grade or stream flow line in determining which fill or floodproofing heights to use in applying the provisions of
subsections C and D of Section 18.44.270. In the absence of depth or elevation information, a
minimum two-foot flood depth shall be used.
B. Floodplain Boundary Interpretation. The floodplain administrator shall make
interpretations where needed as to the exact location of an AO zone floodplain boundary when there is a conflict between a mapped boundary and actual field conditions.
18.44.310 Applicability to unnumbered A zones.
The minimum floodplain development standards listed in this section apply to the one
hundred-year floodplains delineated by approximate methods and identified as unnumbered A zones on the Flood Insurance Rate Maps.
18.44.320 A zones-Uses allowed without permits.
All uses allowed in a floodway, according to the, provisions of Section 18.44.210, shall also
be allowed without a permit in unnumbered A zone floodplains.
18.44.330 A zones-Uses requiring permits. All uses allowed in the floodway and floodway fringe subject to the issuance of a permit
according to the provisions of Section 18.44.270, shall require permits from the floodplain
administrator for unnumbered A zone floodplains. Also, the provisions of Section 18.44.270
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apply to the A zone floodplains with no floodway delineated or water surface profile computed.
Since there are no one hundred-year flood water surface profiles computed for A zone
floodplains, the following conditions also apply:
1. Elevation data on the one hundred-year flood shall be provided for subdivision proposals
according to the definitions and rules of the Montana Sanitation in Subdivisions Act, MCA 76-4 Part 1 and the rules adopted by DHES under this act. These data shall be used in the applying
subsections C, D and E of Section 18.44.270. Subdivision proposals shall also provide for
adequate drainage to minimize potential flood hazards;
2. The floodplain administrator may obtain, review and reasonably use any base flood
elevation and floodway data available from federal, state or other sources, until such data have been provided by FEMA, to enforce subsections C and D of Section 18.44.270;
3. The floodplain administrator may use historical flood elevations to determine suitable fill
or
floodproofing elevations as required by subsections C and D of Section 18.44.270;
4. If historical flood evidence is not available, then the floodplain administrator shall determine, from a field review at the proposed development site, an appropriate fill or
floodproofing elevation to use in applying subsections C and D of Section 18.44.270. In the
absence of depth or elevation information, a minimum two-foot flood depth shall be used; and
5. Proposed structures must be anchored to prevent floatation or collapse and must be located
as far from stream channels as practicable.
18.44.340 A zones - Prohibited uses. Those uses prohibited in the floodway fringe, in accordance with Section 18.44.280, shall
also be prohibited within the A zone floodplain boundaries.
18.44.350 A zones - Floodplain boundary interpretation. The floodplain administrator shall make interpretations where needed as to the exact location
of the unnumbered A zone floodplain boundary when there is a conflict between a mapped
boundary and actual field conditions.
18.44.360 Floodproofing requirements - Certification. If the following floodproofing requirements are to be applied to a proposed structure, as
stipulated by the floodplain administrator in accordance with these regulations, the methods used
must be certified as adequate by a registered professional engineer or architect.
18.44.370 Floodproofing requirements - Conformance. Permitted floodproof systems shall conform to the conditions listed in Sections 18.44.380
through 18.44.400 and the floodproofing standards listed in subsection D of Section 18.44.270
for commercial and industrial structures.
18.44.380 Floodproofing requirements - Electrical systems. A. All incoming power service equipment, including all metering equipment, control centers,
transformers, distribution and lighting panels, and all other stationary equipment must be located
at least two feet above the base flood elevation;
B. Portable or movable electrical equipment may be placed below the base flood elevation, if the equipment can be disconnected by a single submersible plug-and-socket assembly;
C. The main power service line shall have automatic or manually operated electrical
disconnect equipment located at an accessible location outside the one hundred-year floodplain
and above the base flood elevation; and
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D. All electrical wiring systems installed at or below the elevation of the one hundred-year
flood shall be suitable for continuous submergence and may not contain fibrous components.
18.44.390 Floodproofing requirements - Heating systems.
A. Float operated automatic control valves must be installed in gas furnace supply lines so
that the fuel supply is automatically shut off when flood waters reach the floor level where the furnace is located;
B. Manually operated gate valves must be installed in gas supply lines. The gate valves must
be operable from a location above the elevation of the one hundred-year flood;
C. Electric heating systems must be installed in accordance with the provisions of Section
30(A).
18.44.400 Floodproofing requirements - Plumbing systems. A. Sewer lines, except those to be buried and sealed in vaults, must have check valves
installed to prevent sewage backup into permitted structures; and
B. All toilet stools, sinks, urinals and drains must be located so the lowest point of possible water entry is at least two feet above the elevation of the one hundred-year flood.
18.44.410 Violation notice.
The floodplain administrator shall bring any violation of this chapter to the attention of the
local governing body; its legal council; and the Montana Department of Natural Resources and Conservation.
18.44.420 Violation - Penalty.
Violation of the provisions of this chapter or failure to comply with any of the requirements,
including permit approval prior to development of floodprone lands and conditions and safeguards established shall constitute a misdemeanor. Any person who violates this chapter or
fails to comply with any of its requirements shall, upon conviction, be fined not more than one
hundred dollars or imprisoned in jail for not more than ten days or both. Each day's continuance
of a violation shall be deemed a separate and distinct offense.
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Chapter 18.45 CASINO OVERLAY DISTRICT
18.45.010 Intent. The intent of the Casino Overlay District is to provide suitable locations for casinos (as defined
in Section 18.04.350) based on review for impacts to neighboring uses and to minimize adverse
effects on the community in the best interests of the public health, safety, and welfare.
18.45.020 Application for zoning designation. Any person wishing to establish a casino must make application as per Section 18.55, Text
Amendments and Rezoning Changes, for a Casino Overlay District.
18.45.030 Permitted uses.
Permitted uses in the Casino Overlay District are as follows: A. Principal uses.
All principal uses permitted in the M-1 district if the underlying zoning is M-1
All principal uses permitted in the M-2 district if the underlying zoning is M-2
B. Conditional uses. Casinos
All conditional uses permitted in the M-1 district if the underlying zoning is M-1
All conditional uses permitted in the M-2 district if the underlying zoning is M-2
C. Accessory uses. All accessory uses permitted in the M-1 district if the underlying zoning is M-1
All accessory uses permitted in the M-2 district if the underlying zoning is M-2
18.45.040 Restrictions.
A. Casino Overlay Districts shall be permissible zoning only in areas previously zoned M-1, Light Manufacturing District, or M-2, Manufacturing and Industrial District.
B. Casino Overlay Districts shall not be located within an Entryway Overlay District except for
the I-90 entryway overlay corridor. Casino Overlay Districts shall not be located in areas where the
I-90 entryway corridor overlaps other Entryway Overlay Districts.
C. Casino Overlay District lots shall not be located within six hundred (600) feet, in any direction, of lots used for schools, churches, residences, public parks, or other casinos.
D. Sale for on-premise consumption of beer, wine and liquor is permissible only for casino and
restaurant establishments.
18.45.050 Lot area and width. There shall be no minimum lot area; however, no lot width shall be less than one hundred feet
and the lot area shall be sufficient to provide all required yard areas and off-street parking.
18.45.060 Lot coverage.
The entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings.
18.45.070 Yards.
Every lot within a Casino Overlay District shall have the following minimum yards:
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Front yard 25 feet
Rear yard 10 feet
Side yards 8 feet each side.
(Note: All yards shall be subject to the provisions of Section 18.43.060 and Section 18.50.060(D)
when applicable.)
18.45.080 Building height. Maximum building height in a Casino Overlay District shall be thirty-eight feet for buildings
with roof pitches of 3:12 or greater and thirty-two feet for buildings with flat roofs or with roof
pitches of less than 3:12
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Chapter 18.50 GENERAL BUILDING AND DEVELOPMENT STANDARDS
Sections: 18.50.010 Purpose. 18.50.020 Standards for specific uses. 18.50.030 Use of lands, buildings and structures.
18.50.035 Miscellaneous requirements.
18.50.040 Dwelling unit restrictions. 18.50.050 Accessory buildings, uses and equipment. 18.50.060 Yard and height encroachments, limitations and exceptions. 18.50.070 Fences, walls and hedges.
18.50.080 Street vision triangle.
18.50.100 Landscaping. 18.50.110 Property frontage and drive access standards. 18.50.120 Parking requirements. 18.50.130 Off-street loading berth requirements.
18.50.140 Special temporary use permit.
18.50.150 Home occupations. 18.50.160 Nonconforming uses and structures. 18.50.180 Mobile homes on individual lots.
18.50.010 Purpose.
A. The purpose of this Chapter is to establish general development standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration
and decay; and to enhance the peace, health, safety and general welfare of the residents living
within the zoning jurisdiction of the city.
B. These standards are also intended to be used as guidelines for evaluating and assessing the
quality and design of proposed planned unit developments. The particulars of any planned unit development will be evaluated against their respective standards contained in this chapter. It is
expected that the quality and design of the planned unit development, while not necessarily
complying with the exact standards of this chapter, will meet or exceed the intent behind these
standards.
18.50.020 Standards for specific uses. A. 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.
B. 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 which may apply. C. Specific Uses And Standards.
1. Automobile Service Station. In addition to the requirements to be followed for all
convenience uses as defined in this title and provided in Section 18.50.020(C)(8) of this title, 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. At least one frontage is to be on a major arterial street as designated in the Bozeman master
plan.
b. Gas pump and pump island canopies are to be located not closer than ten feet to any side or
rear property line. Design of the canopy shall architecturally match the design of the main
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building. All canopies shall be connected to the roof of the main structure unless otherwise
approved. All canopy lighting must project downward, not upward or outward from the structure
and must be low pressure sodium. The maximum height of the canopy shall not exceed eighteen
feet. All signs must conform to the Sign Code of the Bozeman Zoning Ordinance, Chapter 18.65.
c. All on-site activities except those normally performed at the fuel pumps are to be performed within a completely enclosed building. Paint-spraying or body and fender work is not permitted.
d. Where towing service is to be provided, a parking bay for the towing vehicle is to be
provided and screened. The vehicle shall be screened on three sides with a minimum six-foot
opaque wall which architecturally matches the main building. 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.
e. All outdoor lighting shall be so arranged as to be directed on the premises and reflect away
from any residential property. In addition, all lighting shall be attached to the main structure unless
otherwise specifically approved.
f. All structures approved under this conditional use permit shall be of a design character that is appropriate to the area in which they are to be constructed. 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.
g. All rest room 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.
h. 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.
i. Parking space for two vehicles per each service stall in the station, but no less than four
spaces, 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.
2. Automobile Washing Establishment, Automatic. In addition to the requirements to be
followed for all convenience uses, the following requirements shall apply to all automatic auto
washing establishments as listed below. Compliance with all the criteria listed below does not necessarily guarantee approval by the City.
a. All detergents must be biodegradable.
b. Any lights used to illuminate the area shall be directed away from adjacent residential
properties.
c. Building surfaces shall be faced with masonry, brick, stucco, wood or some other permanent looking material. Corrugated metal is prohibited.
3. Automobile Washing Establishment, Self-Serve. In addition to the requirements to be
followed for all conveniences uses, the following requirements shall apply to all self-serve
automobile washing establishments. as listed below. Compliance with all the criteria listed below
does not necessarily guarantee approval by the city. a. All detergents must be biodegradable.
b. Trash and litter containers shall be emptied daily. In addition, the site shall be patrolled at
least once daily in order to remove litter.
c. Sale of automobile accessories such as batteries, tires, gasoline, etc. is prohibited.
d. Building surfaces shall be faced with masonry, brick. stucco, wood or some other permanent looking material. Corrugated metal is prohibited.
e. Any lights used to illuminate the area shall be directed away from adjacent residential
properties.
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f. Canopies are to be located not closer than ten feet to any side or rear property line. Design of
the canopy shall architecturally match the design of the main building. All canopy lighting shall
project downward, not upward or outward from the structure. The maximum height of the canopy
shall not exceed eighteen feet. All signs must conform to the Sign Code of the Bozeman Zoning
Ordinance, Chapter 18.65. 4. Automotive Repair Facilities.
a. All repairs shall be performed within a building.
b. No site plan shall be approved which exposes unassembled vehicles, auto repair activities or
auto parts to any street or residential district.
c. All vehicles awaiting repair shall he screened from view by a masonry or wood wall or approved landscape screen.
5. Cemeteries.
a. Total site area, including business office and storage building, shall be a minimum of forty
acres, of which at least ten acres shall be subdivided and developed in the initial plot.
b. The cemetery may include accessory uses such as a chapel, a mortuary, an office, a 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. 6. Convenience Uses and Drive-Through/Drive In Restaurants.
a. Location and Size
i. Convenience uses may be located only at intersections of arterial streets as designated in the
Bozeman master plan.
ii. The site area for any convenience use shall be a minimum of two acres, unless such convenience use is planned, designated and approved by the city to be developed in conjunction
with an approved site plan for one or more additional uses and buildings.
b. Architectural Guidelines.
i. All convenience uses shall be designed in an architectural and design character that is
appropriate for and compatible with the area. ii. Use of standardized corporate identification themes integrated into the architectural design
shall be regulated by the city commission. Excessive use of such themes may be used as grounds
for denial of the project.
iii. 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.
iv. The elevation design of the building shall provide design character and detailing on all four
sides. c. Noise.
i. Noise from drive-through speakers shall not be audible from adjacent, residential districts.
7. Mini -Warehouses.
a. Minimum site size shall be one acre.
b. On-Site Circulation, Drives and Parking i. Each mini-warehouse site shall provide a minimum of two exits.
ii. All one-way driveways shall provide for one ten-foot parking lane and one twelve-foot
travel lane. Traffic direction and parking shall be designated by signing or painting.
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iii. All two-way driveways shall provide for one ten-foot parking lane and two ten-foot travel
lanes.
iv. The parking lanes may be eliminated when the driveway does not serve storage cubicles.
8. 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 ten
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 fifty percent of the total lot area. b. Outdoor sales and display areas shall not be located in any required yard.
9. Recreational Vehicle Park and Overnight Campground.
a. Recreational vehicle parks shall be screened from view of any 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 thirty feet from the
perimeter of the park and thirty feet from any public street right-of-way.
e. Approved trash disposal and bathroom and laundry facilities, including facilities for the
handicapped, shall be provided for use of overnight campers. 10. Stable, Commercial.
a. The minimum property size shall be ten acres.
b. The proposed site shall not be adjacent to subdivided single-family residential property
unless that residential property contains an equestrian easement along the contiguous boundary.
c. Structures or facilities used for stabling, storing, showing or training of animals shall be set back a minimum of one hundred feet from any adjacent privately owned property. Dwelling units,
accessory structures incidental to dwelling units, and irrigated pasturage may occur within the one
hundred foot setback area subject to the setback requirements of the applicable zoning district.
d. There shall be a forty-foot yard adjacent to any street.
e. 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 Master Plan. 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 clerk of the commission at least one month prior to the date of the show or activity.
f. All pasture and animal storage areas shall be enclosed with fences or walls of a minimum of
four feet six inches in height. The design of these enclosures shall be shown on drawings submitted
with the conditional use application.
g. 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.
h. All activity and pasture areas that are not grassed shall be treated for dust control as
approved by the planning director.
i. 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.
11. Tennis and Racquet Club.
a. The use will be compatible with any adjacent neighborhood and will not be detrimental to
the same due to:
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i. Increased automobile traffic;
ii. Noise generated from within the site.
b. The minimum property size shall be three acres.
c. If outdoor courts are lighted, lighting shall be placed and shielded so as not to be detrimental
to adjoining properties, shall shine down on the courts and not up or out. d. Fencing of outdoor courts shall not exceed sixteen feet in height and may be required to be
opaque by the design review board.
e. 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 master plan. 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.
f. There shall be a landscaped fifty foot buffer strip adjacent to any residential zoning district, or as otherwise determined by the design review board.
g. Hours of operation may be controlled by the city commission.
h. Perimeter fencing of the site may be required by the design review board.
12. Accessory Dwelling Units
a. An owner or the owners of real property may establish and maintain an accessory dwelling unit within the principal structure of a detached dwelling unit, or above a garage, in the A-S, R-S,
R-1, R-2, or R-2a districts if all of the following conditions are met and continue to be met during
the life of the accessory dwelling unit:
i. 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 fifty percent fee simple
ownership interest.
ii. 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.
iii. The occupancy of the accessory dwelling unit does not exceed two persons. iv. Garages shall not be converted for use as accessory dwelling units. However, accessory
dwelling units shall be permitted to be placed above garages.
v. No permit for an accessory dwelling unit shall be granted for a principal dwelling that is not
at least five years old.
vi. In no case shall an accessory dwelling unit be larger than 1,000 square feet. vii. Only one accessory dwelling unit may be created per lot.
viii. 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-family 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, however, if the square footage added constitutes no more than five percent of the principal
structure=s existing living area (exclusive of the garage).
(d) Second story additions on detached garages shall be approved only if found compatible
and consistent with the existing character and fabric of the neighborhood.
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(e) 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.
ix. The applicant shall comply with City of Bozeman Building Department standards.
18.50.030 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.
B. Building Location on Lot. No building, or part thereof, or structure 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 mobile home park or mobile home subdivision except that: 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. Water and Sanitary Sewer System Requirements.
1. Whenever any building lots and/or building sites are created inside the city limits, except for
those lying within A-S or R-S zoning districts, and prior to the issuance of any building permits on
such lots or sites, central water distribution and central sanitary sewer collection systems, public or private, shall be provided to the site. Each building site must utilize and be connected to both the
central water distribution and central sanitary sewer collection systems, public and private.
2. These improvements shall be designed, constructed and installed according to the standards
and criteria as adopted by the city and approved by both the city engineer and water superintendent
prior to the issuance of any building permits.
18.50.035 Miscellaneous requirements. A. Glare and Lighting.
1. Deflection. Any lighting used to illuminate an off-street parking area, sign or other structure,
shall be arranged so as to deflect light down and/or away from any adjoining residential district and shall not detract from driver visibility on adjacent streets. In addition, all lighting (except for
security purposes) shall be turned off between eleven p.m. and six a.m. Exceptions will be granted
to those businesses which are operating during these hours.
2. Light Standards. Lighting standards used to illuminate off-street parking areas shall not
exceed twenty feet or the height of the tallest building on the lot, whichever is lower. B. Surface-Water Ponding. Natural ponding areas shall be retained as much as possible or, if
necessary, enlarged or modified as directed by the director of public service to restrict the off-site
runoff, subject to city subdivision requirements for storm water runoff control and the city's
stormwater drainage requirements.
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C. Outdoor Storage.
1. 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 one hundred
percent opaque wall or fence not less than six feet tall.
2. No storage of any type shall be permitted within any required yard. 3. All areas designated for vehicle and equipment storage shall be screened from view from the
street and adjacent properties as per Section 18.50.035(C)(1). 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.
D. Trash and Garbage Incineration-Enclosures. 1. Incineration. No exterior incineration of trash or garbage is permissible.
2. Trash Enclosures. A permanent enclosure for temporary storage of garbage, refuse and other
waste materials shall be provided for every use, other than single-family dwellings, duplexes, or
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 five 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 streets and
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 four feet in height above grade.
E. Smoke, Dust and Other Particulate Matter. The emission of smoke, from any point source
shall not exceed a density greater than that described in Number 2 ring of the Ringelmann Chart as published by the U.S. Bureau of Mines. 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.
F. Bulk Storage (Liquid). All uses associated with bulk storage of all gasoline, liquid fertilizer,
chemicals, flammable and similar liquids shall comply with Uniform Building and Fire Code
requirements and any applicable county regulations. G. Water Quality, Hazardous Wastes and Wastewater. Discharge of hazardous waste,
chemicals and wastewater will be subject to Montana Department of Health and Environmental
Science standards. But in no case shall any hazardous waste chemicals or wastewater be
discharged into any Perennial stream within the city.
H. 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 fifty 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.
I. Noise. 1. Measured Noise Levels. The maximum noise level radiated in each standard octave band by
any use or facility (other than transportation facilities or temporary construction work), measured
at the site property line, shall not exceed the values shown in the following tables:
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Octave Band Range in Cycles per Second Sound Pressure Level in Decibels rep. 002 dyne/cm2 Below 75 72 75-150 67 151-300 59 301--600 52 601-1200 46 1201-2400 40 2401--4800 34 Above 4800 32
2. Discontinuous Noises. If the noise is not smooth and continuous, and is not radiated between the
hours of ten p.m. and seven a.m., one or more connections shall be applied to the above octave
band levels as follows: Type of Location of Operation or Character of Noise Correction in Decibels Daytime operation only +5 Noise source operating less than: 20% of any one hour period +5 5% of any one hour period
(only one of these corrections may be applied)
+10
Noise of impulsive character, i.e. hammering -5 Noise of periodic character. i.e., humming or screeching -5
3. Method of Measurement. Sound pressure level shall be measured with a sound level meter
and associated octave band analyzer conforming to standards prescribed by the American
Standards Association as established in Pamphlets Nos. 224.3 and 224. 10 published in 1944 and
1953, respectively, which standards are herein adopted by reference as a part of this section. J. 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.
K. 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 section does not apply to uses which are regulated by and are in compliance with federal agencies or law.
L. 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. M. 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.
N. 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 arc offensive or hazardous to the public health, safety, welfare or comfort shall
be discharged at any point into any public sewer, private sewage disposal system or stream or into
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the ground, except in accordance with the code of the city and the standards approved by the
Montana State Department of Health and Environmental Science or such governmental agency as
may have jurisdiction over such activities.
O. 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 electro-magnetic energy at any frequency in
the radio spectrum between ten kilocycles and three million mega-cycles. P. Swimming Pools -Location and Enclosures. No public or private swimming pool in any
district shall be located in any required front yard; however, if not more than six feet in height,
such use may be located in any required side or rear yard. In addition, all swimming pools shall
be enclosed in an area with a fence or wall not less than forty-two inches in height, and no openings
therein, other than doors or gates, larger than four inches in any direction. A structure of any type may be used as part of such enclosure. All gates and doors shall be securely closed at all times
when not in actual use, except that the door of any dwelling which forms a part of the enclosure for
private residential pools need not be so equipped. The building official may make modifications
in individual cases, upon a showing of good cause, with respect to the height, nature or location of
the fence, wall, gates or latches, or the necessity thereof, provided the protection as sought hereunder is not reduce thereby.
Q. Bicycle Lanes Required. Wherever new streets or roads are to be developed as a result of
a development proposal, or wherever existing streets or roads are required to be improved, and
upon a recommendation from the Bozeman bicycle advisory board (BBAB), the developer may be
required to incorporate striped bicycle lanes along the shoulder meeting current AASHTO standards into the design and construction or improvement of the streets or roads.
R. Bicycle Racks Required. All development subject to minor or major site plan review as per
Chapter 18.52 shall provide adequate bicycle parking facilities to accommodate bicycle-riding
residents and/or employees and customers of the proposed development. Bicycle parking
facilities will be in conformance with standards recommended by the Bozeman bicycle advisory board.
18.50.040 Dwelling unit restrictions
A. No Use of Unfinished Structures. No cellar, garage, tent, tepee, basement with unfinished
structure above, or accessory building vehicle, or any mobile home or recreational vehicle outside of an approved mobile home or recreational vehicle development 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
dampproffed and have natural lighting, heating, ventilation, suitable fire protection and exits if used for living purposes.
18.50.050 Accessory buildings, uses and equipment
A. Accessory Buildings as Principal Building. An accessory building shall be considered an
integral part of the principal building if it is connected to the principal building by a covered passageway.
B. Accessory Buildings Not Permitted in Front Yards. 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. Height of Accessory Buildings. Accessory buildings and garages in residential districts
shall not exceed the height of the principal structure and shall not be located within a utility
easement.
D. Accessory Buildings in Rear. Accessory buildings in any business or industrial district
may be located only to the rear of the front line of the principal building. E. Accessory Building Height. No accessory building in any residential, business or industrial
district shall exceed the height of the principal building unless such accessory building has been
otherwise approved as per this title.
F. Detached Structures Setback Requirements.
1. A detached structure such as a garage shall meet the setback requirements of the main building except that garages may be located ten feet from rear property lines in districts where rear
yard setback requirements exceed ten feet for principal structures.
2. Detached accessory structures such as storage sheds not larger than one hundred twenty
square feet in area, playhouses, garbage enclosures, etc. shall not be located in any required front
or side yard, but may be located one foot from property lines in required rear yards. These limitations shall not apply to such features as lawn ornaments, bird feeders, utility service boxes or
mailboxes.
3. A detached structure wall shall maintain a minimum of six feet separation from the main
structure wall.
G. Percentage of Yard Coverage. Accessory structures may occupy not more than twenty-five percent of any required rear yard.
18.50.060 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 Uniform Building Code requirements: 1. Architectural features such as chimneys, balconies, stairways, wing walls, bay windows,
sills, pilasters, lintels, cornices, eaves, gutters, awnings, and steps, provided such architectural
features do not extend more than five feet into any required yard;
2. 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 five feet into any required yard;
3. Porches, covered terraces, and covered decks, provided such features shall not occupy more
than one-third of the length of the building wall and shall not extend more than five feet into any
required yard;
4. Fire escapes may be permitted in required side or rear yards only; 5. Wheelchair ramps may encroach into any required yard, but shall not be located closer than
three feet from any property line; and
6. 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. Where an individual owns two adjoining lots or where the
owners of two adjoining lots make legal written agreement a zero lot line concept may be used for
single-family dwelling unit developments. This may result in the creation of a two-family
residential structure, only in districts permitting such structure, or the creation of townhouse
clusters in districts permitting such structures. In all cases a minimum ten-foot side yard shall be maintained adjacent to the exterior side, or nonzero lot line side, of the structure.
C. Special Yard Setbacks.
1. The corner side yard for any corner lot not located on an arterial street shall be equal to the
adjacent yard of the adjacent lot, but in no case shall the corner side yard be less than fifteen feet.
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2. A twenty-five foot corner side or front yard shall be provided on all arterials designated on
the Bozeman master plan.
D. Watercourse Setbacks. No newly constructed structure, addition to an existing structure,
parking lot or other similar improvements shall be located closer than thirty-five feet to the mean
high water mark of a watercourse as defined in this title. For the purpose of this section, the mean high water mark shall be defined as the line which the water impresses on the soil by covering it for
sufficient periods to deprive it of vegetation. A minimum of five feet of the required thirty-five
foot setback immediately adjacent to the watercourse shall be left in a natural vegetative state.
E. 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 18.56, 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, transmission towers of
commercial and private radio-broadcasting stations, and television antennae, excluding, however
any such facility regulated by Chapter 18.57; parapet walls extending no more than four 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 semi-public
buildings may exceed height limitations otherwise established by this title; provided that these are
located on the ground floor of such buildings and provided that for each one 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 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 fifty 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 twenty-five percent of the area of the lot and shall be at least twenty-five feet from
every lot line.
18.50.070 Fences, walls and hedges.
A. Location. Except as provided in Section 18.50.080, fences, walls and hedges, in any district
may be located on lot lines provided such fences, walls and hedges do not exceed eight feet in height. Fences exceeding eight feet in height shall be subject to the minimum yard requirements of
the district in which such fences are located. However, no fences, walls or hedges shall exceed four
feet in any corner side yard or front yard, as defined in this title. Fences used in an agricultural
pursuit to retain stock animals shall be excepted.
B. Relation to Linear Parks. Fences located in the rear yard setback of properties adjoining any Bozeman linear park shall have a maximum height of four feet.
C. Construction, Maintenance and Height Measurement.
1. 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
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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 inspector shall commence proper proceedings for the abatement thereof.
2. Barbed Wire and Electric Fences.
a. No barbed wire or similar sharp fencing or electric fences shall be permitted, except in A-S
and 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. b. When electrically charged fences are used in an A-S district or R-S district, such fences shall
be posted with warning signs at intervals not to exceed one hundred fifty feet where such fences
are adjacent to public rights-of-way.
3. 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. D. Fences and Walls in All Districts-"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.
E. 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 six feet in height.
18.50.080 Street vision triangle. A. Arterial Streets. On corner lots on arterial streets in all districts, no fence, wall or planting in
excess of thirty inches above the street centerline grade shall be permitted within a triangular area
defined as follows: beginning at the intersection of the projected curblines of the two intersection streets, thence fifty feet along one curb line, thence diagonally to the point fifty feet from the
bottom of beginning on the other curblines, then to the point of beginning.
B. Collector and Local Streets. On corner lots, on collector and local streets, all districts, no
fence, wall or planting in excess of thirty inches above the street centerline grades shall be
permitted within a triangular area defined as follows: beginning at the intersection of the projected curblines of two intersecting streets, thence forty feet along one curb line, thence diagonally to a
point forty feet from the point of beginning on the other curb line, then to the point of beginning.
C. Driveways and Alleys. At the intersection of each driveway or alley with a street, a
triangular area where corners are defined by two points on the right-of-way line, fifteen feet on
each side of the centerline of the driveway or alley and a point on centerline ten feet outside the right-of-way.
D. Provision for Trees in Street Vision Triangle.
1. Single-stem canopy trees may be permitted in street vision triangles as described in this
section, provided that mature trees do not significantly affect safe driving conditions and are
maintained such that no canopy foliage exists below a height of ten feet above centerline of intersecting streets.
2. Trees which are located in the street vision triangle and which preexisted the adoption of this
title may be allowed to remain, provided the trees are trimmed such that no limbs or foliage exist
below a height of ten feet above centerline grades of intersecting streets.
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18.50.100 Landscaping. A. Purpose and Intent. The process of development, with its alteration of the natural
topography and vegetation and creation of impervious cover can have a negative effect on the
ecological balance of an area by causing or accelerating the processes of runoff, erosion and sedimentation. The economic base of Bozeman can and should be protected through the
preservation and enhancement of the area's unique natural beauty and environment. Recognizing
that the general objectives of this chapter are to promote and protect the health, safety and welfare
of the public, these landscaping regulations as part of this title are adopted for the following
specific purposes: 1. To aid in stabilizing the environment's ecological balance by contributing to the process of
air purification, oxygen regeneration, groundwater recharge and stormwater runoff retardation,
while at the same time aiding in noise, glare and heat abatement;
2. To provide visual buffering between land uses of differing character;
3. To enhance the beauty of the zoning jurisdiction of the city; 4. To protect the character and stability of residential, business, institutional and industrial
areas;
5. To preserve the value of land and buildings; and
6. To conserve energy.
B. Interpretation and Scope. 1. The provisions of this section shall apply to a lot or site when an application is being made
for:
a. Site plan approval pursuant to Chapter 18.52;
b. Signs pursuant to Chapter 18.65 where landscaping is required;
c. Restoration of a building that has been damaged or destroyed by fire, explosion, flood, tornado, riot, act of the public enemy, or accident of any kind. For purposes of this paragraph,
"restoration" means the act of putting back into a former or original state, only.
2. Not withstanding the application of subsection (B)(1) of this section, these provisions shall
not apply to the following:
a. Lots containing only single-family and/or residential duplex uses when located outside entryway corridors, except that such lots shall be subject to subsection (D)(5)(e) of this section;
b. Lots or sites within an approved planned unit development which has been approved with its
own landscape plan. However, these provisions shall be used as the basis for determining the
landscaping plans for future planned unit developments and such planned unit development
landscaping plans shall meet or exceed the standards of these landscape regulations; c. Lots or sites which are designed, reviewed and approved according to the deviation
provisions specified in subsection F of this section.
C. Definitions.
1. All words in this section shall be defined as provided herein and, if not defined herein, shall
be defined as in the definition of terms of Chapter 18.04 of this title and, if not defined therein, shall be defined as in the current edition of The Illustrated Book of Development Definitions by
Harvey S. Moskowitz and Carl G. Lindbloom, and if not defined in The Illustrated Book of
Development Definitions, shall have their customary dictionary definitions.
2. Words used in the present tense include the future tense; words used in the singular include
the plural, and words used in the plural include the singular. The word "shall" is always mandatory. "Artificial lot" means an area within the building site that is delineated by the planning director
for the sole purpose of satisfying the requirements of this section (see subsection (D)(1) of this
section).
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"Berm" means a mound of earth two to six feet high, planted with vegetative groundcover,
with a slope not exceeding one foot of rise for each two feet of run.
"Caliper" means the diameter of the trunk measured six inches above ground level up to and
including four inch caliper size, and measured twelve inches above ground level if the
measurement taken at six inches above ground level exceeds four inches. If a tree is of a multi-trunk variety, the caliper of the tree is the average caliper of all of its trunks.
"Canopy tree" means a species of tree which normally bears crown foliage no lower than six
feet above ground level upon maturity.
"Enhanced pavement" means any permeable or nonpermeable decorative pavement material
intended for pedestrian or vehicular use. Examples of enhanced pavement include brick or stone pavers, grass paver, exposed aggregate concrete, and stamped and stained covered pavement.
"Evergreen tree or shrub" means a tree or shrub of a species which normally retains its
leaves/needles throughout the year.
"Groundcover" means natural mulch or plants of species which normally reach a height of less
than two feet upon maturity, installed in such a manner so as to form a continuous cover over the ground.
"Landscape architect" means a person licensed to practice landscape architecture in the state of
Montana.
"Landscaping" means at least seventy-five percent coverage of an area with natural grass,
vegetative groundcover, or other natural living plant materials, the remainder of which is covered with nonvegatative decorative landscape design elements such as washed rock, lava rock, bark
chips, and ornamental features such as pools, fountains, benches, etc. For purposes of this title, the
term landscaping shall be considered to have the same meaning as the terms landscape, landscaped
and landscaped area.
"Large shrub" means a shrub which normally reaches a height of five feet or more upon maturity, and usually has five or more canes.
"Large tree" means a tree of a species which normally reaches a height of twenty-five feet or
more upon maturity, and usually has a single stem.
"Lot" means:
1. A "lot" as defined in Section 18.04.910; and 2. An "artificial lot" as defined in this subsection.
"Lot with residential adjacency" means any of the following:
1. A building site in a residential zoning district, if the site abuts or is directly across a public
street or alley from an R-1, R-2, R-2a, R-3, R-3a, R-4 or R-O zoning district;
2. A building site in a nonresidential zoning district, if the site abuts or is directly across a public street or alley from an A-S, R-S, R-1, R-2, R-2a, R3, R-3a, R-4 or R-O zoning district;
3. An artificial lot in a residential district, if the lot is less than two hundred feet from an R-1,
R-2, R-2a, R-3, R-3a, R-4 or R-O zoning district;
4. An artificial lot in a nonresidential zoning district, if the lot is less than two hundred feet
from an A-S, R-S, R-1, R-2, R-2a, R-3, R-3a, R-4 or R-O zoning district. "Nonpermeable coverage" means coverage with nonpermeable pavement. "Nonpermeable
pavement" means any pavement that is not "permeable pavement" as defined in this section.
"Permeable pavement" means a paving material that permits water penetration to a soil depth
of eighteen inches or more. Permeable pavement may consist of nonporous surface materials
poured or laid in sections not exceeding one square foot in an area and collectively comprising less than two-thirds of the total surface area.
"Screening" means a method of visually shielding or obscuring one abutting or nearby
structure or use from another through the use of densely planted vegetation and/or berms.
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"Small tree" means a tree of a species which normally reaches a height of less than twenty-five
feet upon maturity.
"Soil" means a medium in which plants will grow.
D. General Landscaping Provisions.
1. Designation of Artificial Lot. a. All the lots and building sites described in subsection (B)(1) of this section shall be subject to
landscaping provisions, however if a building site is over two acres in size, the applicant may
request that the planning director create an artificial lot to satisfy the requirements of subsection D
of this section.
b. The planning director shall not create an artificial lot which would, in his/her opinion, violate the spirit of these landscape regulations. An artificial lot must:
i. Wholly include the area on which the development is to occur; and
ii. Have an area that does not exceed fifty percent of the area of the original site.
2. Platting Not Required for Artificial Lots. An artificial lot need not be platted, however it
must be designated on plans approved by the planning director, development review committee, design review board, administrative design review staff, or city commission prior to the issuance
of a building permit.
3. Landscape Plan Submission.
a. Submittal with Site Plan Application. If these landscape regulations apply to a lot or site
subject to plan review and approval outlined in Chapter 18.52, 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 one inch to twenty feet site plan.
b. Landscape Plat Format. The landscape plan submittal shall include:
i. Twenty blueline or blackline copies of the plan;
ii. Maximum scale of one inch to twenty feet; iii. Standard drawing sheet of a size not to exceed twenty-four inches by thirty-six inches; a
plan which cannot be drawn entirely on a twenty-four inch by thirty-six 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:
i. A registered Montana landscape architect; ii. An individual with a degree in landscape design and two years of professional design
experience; or
iii. An individual with a degree in a related field (such as horticulture, botany, plant science,
etc.) and at least five years of professional design experience.
d. Contents of Landscape Plan. A landscape plan required pursuant to this title shall contain the following information:
i. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the
property owner and the person preparing the plan;
ii. Location of existing boundary lines and dimensions of the lot, the zoning classification of
the lot, and the zoning classification of adjacent properties. A vicinity map should also be attached on or made a part of the plan;
iii. Approximate centerlines of existing water courses and the location of any one hundred-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. iv. Project name, street address, and lot and block description;
v. Location, height and material of proposed screening and fencing (with berms to be
delineated by one-foot contours);
vi. Locations and dimensions of proposed landscape buffer strips;
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vii. 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 six inches in caliper must be specifically indicated;
viii. Complete description 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;
ix. An indication of how existing healthy trees (if any) are to be retained and protected from
damage during construction; x. Size, height, location, and material of proposed seating, lighting, planters, sculptures, and
water features;
xi. A description of proposed watering methods.
xii. Location of visibility triangles on the lot (if applicable);
xiii. Tabulation of "points" earned by the plan (see subsection (D)(6) of this section); xiv. Designated snow removal storage areas;
xv. Complete description and details of pavement, curbs, sidewalks and gutters;
xvi. Front and side elevations of buildings, fences and walls with height dimensions;
xvii. Show location of existing and/or proposed drainage facilities which are to be used for
drainage control; xviii. Existing and proposed grade;
xix. Location, dimension (size and height) and use of existing and proposed buildings, fences
and walls. Show open stairways and other projections from exterior building walls;
xx. Table of landscape performance point totals as per subsection (D)(6) of this section.
4. Landscape Plan Review. a. The development review committee and, if required by this title, the administrative design
review staff, the design review board and the city commission shall review each landscape plan to
determine whether or not it complies with the requirements of this section.
b. All landscape plans must comply with the mandatory landscape provisions in subsection
(D)(5) of this section. c. In addition, all landscape plans must earn a minimum number of points as specified in
subsection (D)(6) of this section. Points are awarded for specified landscape features and elements
based upon their relative value or merit. The alternatives for achieving the minimum points needed
for approval are provided in subsection (D)(6), Landscape Performance Standards, of this title.
5. Mandatory Landscaping Provisions. a. Yard Landscaping Required. For all uses in all districts, unless otherwise provided by
specific approval through design review procedures, all front, side, and rear yards, exclusive of
permitted access drives, parking lots, and accessory structures, shall be landscaped as defined
herein. All landscaped areas shall be perpetually maintained in a healthy condition.
b. Additional Screening Requirements. The DRB, ADR, DRC, and/or other approval authority may require additional screening when it is determined to be in the best interest of the affected
properties. Such additional screening may be required between existing and/or future:
i. Single-family and multifamily developments or apartment buildings;
ii. Multifamily and multifamily developments or apartment buildings;
iii. Residential and nonresidential uses; or iv. Nonresidential uses of differing character and/or intensity.
c. Parking Lot Landscaping.
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i. For purposes of defining parking lot landscaping requirements, the term "parking lot" means
the area within the perimeter of the paved portion of the parking lot, including driving aisles but
not including access drives.
ii. All surface parking lots on the building site or artificial lot, whichever is applicable, shall be
landscaped in accordance with the following paragraphs which describe landscaping requirements in addition, to the yard landscaping requirements for the site:
(A) Parking Lot Screening Required.
(1) All parking lots located on a lot with a residential adjacency must be screened from that
residential adjacency.
(2) All parking lots located between a principal structure and a public street, except in M-1 and M-2 districts, must be screened from the public street.
(3) The screening required under paragraphs (1) and (2) above shall be not less than eight feet
in width and shall be maintained at a height of four to six feet except as otherwise restricted by
fence and hedge height limits within required front yards and site triangles.
(B) Large canopy trees, large noncanopy trees or small trees must be provided in, or immediately adjacent to, all parking lots at a minimum average density of:
(1) One large canopy tree; or
(2) One large noncanopy tree and one small tree; or
(3) Three small trees; for each nine parking spaces required or provided, whichever is greater.
(C) No parking space may be located more than ninety feet from the trunk of a tree. (D) No tree may be planted closer than four feet to the paved portion of the parking lot.
(E) Additionally, any parking lot providing fifteen or more parking spaces shall have a
minimum of twenty square feet of landscape area within the parking lot for each off-street parking
space in the lot provided as follows:
(1) Wherever possible, the interior parking lot landscaping shall be designed to facilitate, control and denote proper vehicular circulation patterns.
(2) Internal parking lot landscaping provided shall be proportionately dispersed so as to define
aisles and limit unbroken rows of parking to a maximum of one hundred feet, with landscaped
areas provided in an appropriate scale to the size of the parking lot.
(3) The minimum width and/or length of any parking lot landscaped area shall be eight feet. (F) The above standards are minimum mandatory standards which may be superseded by the
provisions of subsection (D)(6) of this section for receipt of performance standard points.
d. Screening of Off-Street Loading Spaces.
i. All off-street loading spaces on a lot with residential adjacency must be screened from that
residential adjacency. ii. In all districts except M-1 and M-2 districts, all off-street loading spaces on a lot must be
screened from all public streets adjacent to that lot.
iii. The screening required under paragraphs i and ii must be at least six feet in height.
e. Street Frontage Landscaping Required.
i. Except in A-S and R-S districts, all street rights-of-way contiguous with the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways shall be
landscaped as defined in this title and shall include, at a minimum, one large canopy tree for each
fifty feet of street frontage. Acceptable large canopy shade trees for use in public rights-of-way
include the following species:
Ash, Summit Green (Fraxinus; pennsylvanica); Honeylocust, Seedless (Gleditsia triacanthos);
Hackberry, Common (Celtis occidentalis);
Linden, American (Tilia americana);
Linden, Littleleaf (Tilia cordata);
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Locust, Black (Robinia pseudoacacia);
Maple, Norway (Acer platanoides);
Maple, Schwedler (Acer platanoides "Schwedler");
Maple, Sugar (Acer saccharum);
Mountain Ash, European (Sorbus aucaparia); Oak, Bur (Quercus macrocarpa);
Walnut, Black (Juglans nigra).
ii. Where it may be impractical or difficult to plant large canopy trees within the public
right-of-way (due to the presence of overhead power lines, for instance) the requirement for one
large canopy tree for each fifty feet of street frontage may be substituted with two small ornamental trees per fifty feet of street frontage. Acceptable small ornamental trees for use in
public rights-of-way include the following species:
Chokecherry, Amur (Prunus maackii);
Crabapple, many species (malus spp.);
Hawthorn (Crataegus spp.); Lilac, Japanese Tree (Syringa reticulata);
Maple, Amur (Acer ginnala);
Maple, Tatarian (Acer tataricum).
iii. Tree species may be added to or deleted from the above lists upon recommendation of a tree
advisory board duly appointed by the city commission. iv. The minimum quantity of trees and other landscaping required and provided in the public
right-of-way as described herein shall be designed to complement on-site landscaping and to
enhance the proposed development project and the streetscape.
f. Street Median Island Landscaping. All street median islands approved through a plan review
process shall be landscaped according to requirements determined through the plan review process.
g. Acceptable Landscape Materials.
i. Acceptable plant materials shall be those listed in General Selection Factors for Landscape
Trees and Shrubs by Cooperative Extension Service, Montana State University, Circular No.
1280, October 1982. However, in the case of street frontage landscaping as required in subsection (D)(5)(e) above, acceptable tree species shall be limited to those listed therein.
ii. No artificial plant materials may be used to satisfy the requirements of this chapter.
iii. Plant materials used to satisfy the requirements of this chapter must comply with the
following minimum size requirements at the time of installation (depending on the standard
measuring technique for the species). (A) Large trees must have a minimum caliper of one and one-half inches to two inches, or a
minimum height of ten feet.
(B) Small trees must have a minimum caliper of one inch to one and one-half inches or a
minimum height of eight feet.
(C) Large evergreen shrubs must have a minimum height of two feet or, if of a spreading form, a minimum spread of two feet.
iv. For purposes of subsection (5)(g)(iii) of this section, height is measured from the top of the
root ball or, if the plant is in a container, from the top soil level in the container.
h. Protection of Landscape Areas.
i. Perimeter parking lot treatment as required in Section 18.50.120(B)(10) shall be installed to protect landscape areas adjacent to parking lots.
ii. Landscape areas within parking lots (i.e., landscape islands or peninsulas) must be protected
from vehicular traffic through the use of continuous concrete curbs, or other permanent barriers
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approved by the director of public service. Railroad ties, rolled asphalt, pin down wheel stops or
similar methods of curbing are not acceptable methods of landscape protection within parking lots.
i. Irrigation Standards.
i. Permanent irrigation systems shall be provided to all landscaped areas. The use of hose bibs
on the exterior of existing or proposed structures is not an acceptable method of landscape irrigation unless the landscaped area is adjacent to the existing or proposed structure.
ii. All irrigation systems and landscaped areas shall be designed, constructed and maintained
so as to promote water conservation and prevent water overflow or seepage into the street,
sidewalk or parking areas.
j. Required Use of Trees. All landscape plans must include, for each yard with a residential adjacency, at least one of the performance standards in subsection (13)(6)(a)(iii) of this section that
requires the use of one or more trees.
6. Landscape Performance Standards. In addition to complying with the mandatory landscape
provisions in subsection (D)(5) of this section, all landscape plans must earn a minimum number
of points as specified below. Points are awarded for specified landscape features and elements based upon their relative value or merit.
The minimum number of points needed for landscape plan approval by Zoning district is as
follows:
The alternatives for achieving the minimum points needed for approval are provided below.
a. Yard Landscaping Enhancement. An applicant may earn points under this subsection by enhancing mandatory yard landscaping as follows:
Lot With
Residential
Lot Without
Residential Zoning District Adjacency Adjacency All districts except B-1 and B-3
districts and PUDs
23 15
B-1 18 15 B-3 13 13 PUD Overlay districts Each Proposal within a planned unit development, overlay district, or seeking
a deviation to landscaping requirements will be evaluated on the basis of the
overall design excellence of the proposal with consideration to the points re-
quired by the most applicable zoning district and applicable residential adjacency.
i. Three points are awarded when the landscaped yard has a minimum average width five feet
to ten feet greater than the minimum yard required by this title. Five points are awarded if the minimum average width is more than ten feet greater than the minimum yard required by this title.
ii. Five points per yard (up to fifteen points maximum) are awarded when the landscaped yard
contains one or more of the following groups of plant materials at a minimum average density of
one group for each fifty linear feet of each landscaped yard: (A) One large canopy tree and one large noncanopy tree; (B) One large canopy tree and two small trees;
(C) One large canopy tree and five evergreen shrubs;
(D) One large canopy tree, one small tree, and two large evergreen shrubs;
(E) Two large noncanopy trees, and one small tree.
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iii. In the case of a lot with residential adjacency only, eight points are awarded for providing
vegetative screening in the landscaped yard with residential adjacency in accordance with the
following subparagraphs:
(A) The screening must be of natural vegetation at least six feet in height;
(B) The screening must extend along the entire length of the portion of the landscaped yard where a residential adjacency exists, exclusive of:
(1) Public street frontage,
(2) Driveways and accessways at points of ingress and egress to the lot, and
(3) Visibility triangles;
(C) However, no points are awarded for screening required by subsection (D)(5)(b) of this section unless the required screening is constructed of earthen berm or evergreen plant materials;
(D) If screening is provided by an earthen berm or evergreen plant materials, the following
additional regulations apply:
(1) An earthen berm must be planted with groundcover. The earthen berm may not have a slope
that exceeds one foot of rise for each two feet of run and must be at least four feet high, including planting materials, subject to front yard and site triangle height limitations.
(2) Evergreen plant materials must:
(a) Be located in a bed that is at least three feet wide,
(b) Be placed a maximum of forty-eight inches on center over the entire length of the bed
unless an alternative planting density that a landscape architect certifies as being capable of providing a solid appearance within three years is approved, and
(c) Provide a visual barrier of the required height within three years of their initial planting.
b. Parking Lot Landscaping.
i. Ten points are awarded when all surface parking lots, as defined in subsection (D)(5)(c) of
this section on the building site or artificial lot, whichever is applicable, are landscaped in accordance with all of the following paragraphs:
(A) A minimum of twenty square feet of landscape area must be provided in the parking lot for
each required off-street parking space in the lot;
(B) The parking lot must contain one of the plant groups from subsection (D)(6)(a)(ii) of this
section at an average density of one group, plus an additional one large canopy tree, for each required sixteen parking spaces;
(C) No required parking space may be located more than seventy feet from the trunk of a large
canopy tree.
c. Special Amenities.
i. Pedestrian facilities. One point is awarded for each one percent increment of lot area covered by publicly accessible special pedestrian facilities and features such as plazas, courtyards, covered
walkways, fountains, lakes, streams and ponds, seating areas, and outdoor recreation facilities, up
to a maximum of five points.
E. Landscaping of Public Lands.
Maintenance of landscaping installed within the boulevard portion of the public right-of-way, with the exception of tree trimming and tree removal, shall be the responsibility of adjacent property
owners. The city shall accept responsibility for the maintenance of all other required landscaping
installed in accordance with approved site plans within the public right-of-way or on other public
lands.
F. Deviation From Landscaping Requirements. 1. To achieve the optimal landscape design on individual sites or to coordinate the landscape
design in an area, it may be necessary to deviate from the strict application of landscaping
requirements. An application for such deviation shall be processed through the pertinent design
review authority and approved by the city commission.
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2. The application for deviation shall be subject to the submittal and procedural requirements
of Chapter 18.52, Plan Review and Approval, and shall be accompanied by written and graphic
material sufficient to illustrate the conditions that the modified standards will produce, so as to
enable the city commission to determine that the deviation will produce an environment, landscape
quality and character superior to that produced by the existing standards, and will be consistent with the intent and purpose of this chapter. Upon such a finding, the city commission may
authorize deviations of up to twenty percent from landscape design standards contained herein.
G. Landscaping Completion. All landscaping must be completed or improvements secured in
accordance with the provisions of Chapter 18.62.
H. General Maintenance. 1. Required landscaping must be maintained in a healthy, growing condition at all times. The
property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing,
pruning, and other maintenance of all plantings as needed. Any plant that dies must be replaced
with another living plant that complies with the approved landscape plan. Failure to maintain
required landscaping in a healthy growing condition at all times may result in revocation of an occupancy permit. When enforcing this provision of this title, external factors such as seasonality
and availability of landscape stock shall be considered before any action to revoke an occupancy
permit is taken.
2. Any damage to utility lines resulting from the negligence of the property owner or his agents
or employees in the installation and maintenance of required landscaping in a utility easement is the responsibility of the property owner. If a public utility disturbs a landscaped area in a utility
easement, it shall make every reasonable effort to preserve the landscaping materials and return
them to their prior locations after the utility work. If, nonetheless, some plant materials die, it is the
obligation of the property owner to replace the plant materials.
18.50.110 Property frontage and drive access standards.
A. Public Street Frontage Required. Except as otherwise allowed or required by this title, no lot
shall be created unless such lot abuts for at least twenty-five feet on a public street, and every building hereafter erected or moved shall be on a lot adjacent to an improved public street, with at
least twenty-five feet of frontage as described above.
B. Drive Access From Improved Public Street or Alley Required.
1. Except as otherwise allowed or required by this title, primary drive access to buildings on all
lots shall be provided from the abutting improved public street or alley. 2. For purposes of this code, "improved public street or alley" means and includes:
a. Any street or alley within the city constructed to a standard which meets or exceeds
standards established by the city engineering department;
b. Constructed public streets which may not meet current city standards but which are
constructed to a standard which has historically provided an adequate level of service to adjacent properties, which level of service would not be degraded as a result of a pending development
proposal.
C. Drive Access Requirements.
1. Drive accesses, taking primary access from an improved public street as defined above, are
required for commercial parking lots and parking lots for residential developments of four or more dwelling units. Parking lots for residential developments of three or fewer dwelling units may take
primary access from an improved public street or improved public alley as defined in subsection
(B)(2) of this section with access provided according to the provisions of Section 18.50.120(A)(5).
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2. All drive accesses installed, altered, changed, replaced or extended after the effective date of
the ordinance codified in this chapter shall comply with the following requirements:
a. Residential drive access openings shall conform to the following criteria:
i. Single-family drive access openings shall not exceed twenty-four feet in width measured at
the right-of-way line and thirty feet in width measured at the curb line. All residential complexes for fewer than four families are considered single-family residences for the purpose of this section.
ii. Residential complexes with four or more dwelling units shall be considered commercial
(nonresidential) establishments for the purpose of this section, except that separated parking
facilities for individual townhouse units shall be considered the same as single-family parking
facilities. b. Nonresidential drive access openings shall conform to the following criteria:
i. Commercial drive access widths shall be a maximum of thirty-five feet measured at the
inside edge of the drive access extended, at its intersection with the projected curb line of the
intersecting street. Two-way drive access shall be a minimum of twenty-four feet and one-way
drive access shall be a minimum of sixteen feet; ii. Industrial drive access widths shall be a maximum of forty feet measured at the inside edge
of the drive access extended, at its intersection with the projected curb line of the intersecting
street. Two-way drive accesses shall be a minimum of twenty-four feet and one-way drive
accesses shall be a minimum of sixteen feet;
c. Drive accesses for all multiple tenant commercial buildings or complexes/centers, or industrial drive accesses shall be set back a minimum of fifteen feet from the adjacent property line
unless such drive access is approved as a shared drive access;
d. Drive accesses to drive-in theaters, stadiums, racetracks, funeral homes, or uses generating
very heavy periodic traffic conflicts shall be located not closer than two hundred feet to any
pedestrian or vehicular entrance or exit to a school, college, university, church, hospital, public emergency shelter or other place of public assembly;
e. All commercial and industrial drive accesses on arterial streets shall have fifteen-foot return
radii unless otherwise approved by the director of public service. All commercial and industrial
drive accesses on other streets may have either return radii or depressed curbs. The minimum
radius allowed is four feet. D. Distance from Intersection. Driveway access distance from street intersections for all lots
created after the effective date of the ordinance codified in this title shall be subject to the
following minimum dimensions, unless otherwise approved by the director of public service as
part of an approved site plan.
Driveway Access Located on Collector Streets
Driveway Access Located on Arterial Streets Distances from Intersection Distances from Intersection Nearest Intersecting
Street
In Res. Dist. In Comm/ Ind.
Dist.
In Res. Dist. In Comm/ Ind.
Dist. Arterial 100= 150= 150= 200' Collector 40= 150= 150= 150= Local 40= 100= 100= 150=
Note: All distances shall be measured from the inside edge of the drive access, extended at its
intersection with the projected curb line of the intersecting street.
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E. Drive Access Spacing. The distance between drive accesses on a public street, except for
single-family dwellings, as defined above, shall be measured from inside of drive to inside of drive
according to the following specified distances, unless otherwise approved by the director of public
service as part of an approved site plan.
Driveway Access Located on Collector Streets
Driveway Access Located on Arterial Streets Average Spacing Res. Dist. Comm/ Ind.
Dist.
Res. Dist. Comm/ Ind.
Dist. Partial Access* 60= 80= 80= 150' Full Access** 100= 150= 100= 150= Minimum Separation 60= 80= 60= 100=
Notes: * Partial access includes right turn in and out only. ** Full access allows all turn movements, in and out
F. Number and Location of Drive Accesses.
1. Single-family uses shall be limited to one drive access per street face, except on properties abutting arterial streets in which case circular driveways, or driveways facilitating the turning of
automobiles on-site, shall be required. Circular driveways with two openings on a single street
frontage may be permitted in A-S and R-S zoning districts.
2. Notwithstanding any other provisions of this title, drive accesses may not be located closer
than eight feet to any side property line, unless shared access with the adjoining property is approved.
G. Shared Drive Access. The city desires and encourages sharing access drives between
separate parcels.
H. Access Approval Required. All drive accesses shall be approved by the director of public
service for width and location. 1. Deviations from Property Access Standards.
a. Some of the standards listed in subsections C through F of this section, may be relaxed if it is
shown during the site plan review process that more efficient design can be accomplished without
jeopardizing the public's health, safety and welfare.
b. Deviations from access standards shall be approved at the discretion of the public service director.
c. Commercial developments (including residential complexes for four or more families)
which may not be able to meet the requirements of subsections C through F of Section 18.50.120,
and are requesting deviations from the standards, shall submit to the director of public service a
report certified by a professional engineer addressing the following site conditions, both present and future:
i. Traffic volumes;
ii. Turning movements;
iii. Traffic controls;
iv. Site design; v. Sight distances;
vi. Location and alignment of other access points.
d. Based upon the above data, the director of public service shall determine whether a deviation
from the required standards is justified and, if so, what alternative requirements will be necessary.
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18.50.120 Parking requirements. A. General Provisions.
1. Floor Area.
a. The term "floor area," for the purpose of calculating the number of off-street parking spaces
required, shall mean the "gross floor area," measured on the basis of the exterior-area dimensions of the building, minus the following:
i. Window display areas;
ii. Storage areas;
iii. Areas used for incidental repair of equipment used or sold on the premises;
iv. Areas occupied by toilets and restrooms; v. Areas occupied by public utility facilities;
vi. Areas occupied by dressing rooms, fitting or alteration rooms incidental to the sale of
clothing;
vii. Areas occupied by stairways and elevators;
viii. Corridors connecting rooms or suites of rooms: Provided, however, at the election of the owner thereof, floor area shall mean eighty-five percent
of the gross floor area of the building (without deduction of exceptions subsections (A)(1)(a) set
above). Such election shall be made in writing to the planning director, shall be signed and
acknowledged by the owner and shall be filed with the planning director prior to the issuance of a
building permit for such building. The owner shall also be responsible for certifying other information upon which parking requirements may be based, such as seats, and the number of
employees on maximum working shift.
b. Where applicable, the number of spaces required in subsection F of this section will be the
total of the spaces required for the component activities of certain uses, each calculated separately.
2. Change of Use or Occupancy of Buildings. With any change of use or occupancy of any building or buildings, including additions to buildings, that may require more parking, an
occupancy permit is required and shall not be issued until such additional parking spaces, as
required by this title, are furnished.
B. Stall, Aisle and Driveway Design.
1. Parking Dimensions. The following shall be the minimum parking space dimensions: Angle Width1 Length Aisle Width Standard Disabled Compact5 Standard Disabled Compact5 90 9= 13= 8= 18/20=2 18/20=2 16= 26=3 60 9= 13= 8= 18/20= 18/20= 16= 18/234 45 9= 13= 8= 18/20= 18/20= 16= 15/234
Notes:
1. As measured by a line perpendicular to the stall line at a point on the outside end of the stall,
except when the stall is on the inside edge of a curve, in which case the point of measurement shall be on the inside end of the stall. 2. Eighteen feet if measured from a curb on the inside edge of the stall; twenty feet if measured
from a painted line on the inside edge of the stall. Stall length variations are subject to approval by
the planning and zoning commission.
3. For ninety-degree parking, aisles are two-way; 4. First number refers to one-way traffic; second number to two-way traffic. If the aisle is needed as a fire lane, a twenty-foot minimum is required.
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5. Unless otherwise approved, all parking spaces shall be of standard width and length. In any
parking facility containing twenty or more parking spaces, a maximum of twenty-five percent of
the required parking spaces may be reduced in size for small cars, provided these spaces shall be
clearly identified with a sign permanently affixed immediately in front of each space containing
the notation, "Compacts Only." Where feasible, all small car spaces shall be located in one or more contiguous areas and/or adjacent to ingress-egress points within parking facilities. Location of
compact car parking spaces shall not create traffic congestion or impede traffic flows.
2. Within Structures.
a. The off-street parking requirements may be furnished by providing spaces so designed
within the principal building or accessory parking structure; however, no building permit shall be used to convert the parking structures into a dwelling unit or living area or other activity until other
adequate provisions are made to comply with the required off-street parking provisions of this title.
b. All parking structures or portions of structures used for parking shall meet applicable
Uniform Building and Fire Code requirements.
3. Exceptions to These Parking Requirements. Because some situations (i.e., existing lots which have no landscaping, irregular lots, lots with topographic difficulties, etc.) would benefit
from an alternative to the required maximum parking areas; because the community's appearance
could benefit from additional landscaping, streetscaping and sculptural elements; and because
parking exceptions and/or landscaping would encourage development within existing city
boundaries; the following alternatives may be permitted: These alternatives may be proposed by the developer for review by the ADR staff. Such
proposals may be approved based on a determination that such alternatives meet the following
requirements and will not create a congested on-street parking situation in the vicinity of the
proposal.
a. Neighborhood Conservation Overlay District. Except in the B-3 district, parking requirements in neighborhood conservation overlay districts will be governed by Chapter 18.42 of
this title. Generally, parking and access drives should not have an adverse effect on any existing
elements which contribute to the character of the neighborhoods. Common driveways, single-car
garages, and landscaped yards and boulevards may be some of the important elements to retain.
The procedures outlined in Chapter 18.42 may be used to define all parking requirements. b. Landscaping in Lieu of Parking.
Except in the B-3 district, property owners have the option of requesting the deletion of up to five
required spaces or ten percent of the required parking spaces, whichever is less, if three hundred
fifty square feet of landscaping, trees, streetscaping or sculptural elements (not signage) is
installed on the property for each space so deleted. This shall not decrease the amount of landscaping that would have been required with full parking, but shall be in addition to such
landscaping. This option shall be approved by the ADR staff. These improvements must be placed
in the public right-of-way or yards directly facing the right-of-way.
c. Exceptions and Modifications to Parking Requirements in B-3 District. Where all or part of
the required parking spaces cannot be provided for a proposed use in the B-3 District, either through ownership or lease of the necessary land, the petitioner may satisfy the parking
requirements by providing an equivalent cash-in-lieu payment according to the following
provisions:
i. No building permit shall be issued, nor shall any use of property be initiated unless a
satisfactory cash-in-lieu payment is received by the department of finance. ii. The parking commission shall review and consider all requests for cash-in-lieu payments
and furnish a written and dated certificate, signed by the parking commission chairman,
authorizing cash-in-lieu payments. A copy of this certificate shall be presented to the chief
building official and zoning administrator before a building permit is issued or the use instituted.
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iii. For each required parking space not provided, an appropriate payment shall be made to the
city finance director as specified by city commission resolution.
iv. All funds received under the provisions of this chapter shall be deposited in an
interest-bearing account and unless otherwise directed by the city commission, shall be used for
the acquisition of additional parking facilities and for the renovation and resurfacing of same. v. The cash-in-lieu fee may be revised, at the discretion of the city commission, upon the
recommendation of the parking commission, to reflect changing market values.
vi. All real property assessed by special improvement district (SID) No. 565, or other similarly
adopted improvement districts designed to provide additional parking spaces within the B-3
district, shall not be required to provide additional parking spaces beyond those required at the time of the SID adoption, provided the use of the real property and improvements remains
unchanged from the initial assessments of SID No. 565, or other similarly adopted improvement
districts.
In the event that a new use or an expansion is initiated on any portion of real property or
improvements subsequent to the assessments for SID No. 565 or other similarly adopted improvement districts, then parking space requirements shall be satisfied prior to initiation of
those new or expanded uses.
4. Circulation Between Bays. Except in the case of one to three-family dwellings and
individual townhouse units, parking areas shall be designed so that circulation between parking
bays occurs within the designated parking lot and does not depend upon a public street or alley. 5. Backing into Public Right-of-Ways. Except in the case of one to three-family dwellings and
individual townhouse units, parking area design which requires backing into the public street or
alley is prohibited. In all cases where backing occurs, the required aisle width shall be provided.
The aisle width calculation may incorporate the width of the public right-of-way.
6. Parallel Parking Spaces. Parallel parking spaces shall be a minimum of twenty-four feet in length.
7. Surfacing. Except for single-family development on individual lots, all areas intended to be
utilized for permanent parking space and driveways shall be paved with concrete or asphaltic
concrete, or approved pavers, to control dust and drainage. All proposed parking areas and
driveway improvements shall require a grading and drainage plan approved by the director of public service. However, paving shall not be required for permitted and conditional uses in the A-S
and R-S zoning districts when all of the following circumstances exist:
a. The use is required to provide fewer than fifteen parking spaces and no loading spaces under
the provisions of this section;
b. The lot or tract on which the use is located is not adjacent to a paved street or road; and c. The applicant shall enter into an improvements agreement with the city agreeing that the lot
shall be paved within nine months of the time an adjacent roadway is paved.
8. Striping. Except for one to three-family dwellings and individual townhouse units, all
parking stalls shall be marked with painted lines not less than four inches wide.
9. Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light down and/or away from adjoining property, abutting residential uses and public
rights-of-way, and shall be in compliance with the lighting restrictions in Section 18.50.135.
10. Signs. No sign shall be so located as to restrict the sight lines and orderly operation and
traffic movement within any parking area. All signs shall conform to the requirements of Chapter
18.65. 11. Parking Lot Curbing.
a. Except for individual townhouse units and one to three-family dwellings, all open off-street
parking areas and driveways shall have a six inch by six inch perimeter concrete curb around the
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entire parking lot, including driving access ways. Continuous concrete curbing shall be built
according to standards provided by the director of public service.
b. Concrete pin-down wheel stops may be permitted as an alternative to continuous concrete
curbing in front of parking spaces which front on the perimeter of the parking lot. However,
continuous concrete curbing as described above shall be provided in all situations where deemed necessary by the director of public service to control drainage and soil erosion.
c. Alternative perimeter treatment may be permitted adjacent to snow storage areas subject to
the approval of the director of public service.
d. Requirements for perimeter curbing shall not preclude opportunities for shared access
between adjacent parking lots. 12. Protruding Vehicles. All on-site parking stalls which abut property lines shall be designed
and constructed such that parked vehicles shall not protrude over property lines.
13. Pedestrian Facilities in Parking Lots. Concrete sidewalks a minimum of three feet in width
shall be provided between any existing or proposed building and adjacent parking lot. Where
sidewalk curbs serve as wheel stops, an additional two feet of sidewalk width is required. 14. Snow Removal Storage Areas. Snow removal storage areas shall be provided sufficient to
store snow accumulation on site. Such areas shall not cause unsafe ingress/egress to the parking
areas, shall not cause snow to be deposited on public rights-of-way, shall not include areas
provided for required parking access and spaces, and shall not be placed in such a manner as to
damage landscaping. All snow removal storage areas shall be located and designed such that the resultant stormwater runoff is directed into landscaped retention/detention and water quality
improvement facilities as required by the city engineering department, or in compliance with any
adopted storm drainage ordinance.
15. Parking and Stacking for Drive-In/Drive Through Facilities. Required parking and
stacking spaces for waiting automobiles shall be determined by the DRC and shall not in any manner inhibit onsite or off-site vehicular circulation.
16. Ownership/Leasehold. Required parking lots shall be owned or leased by the owner or
lessee of the building or use being served by such parking. Such parking lots shall be maintained as
a parking lot so long as the building and/or use served is in operation or until another approved
parking area is established for such building or use. 17. Storm Water Drainage. Storm water drainage from parking lots shall be directed into
landscaped detention/retention facilities and water quality improvement facilities as required by
the city engineering department, or in compliance with any adopted storm drainage ordinance.
C. Maintenance. It shall be the joint and separate responsibility of the lessee and owner of the
principal use, uses or building to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping and required fences or screening.
D. Use of Required Parking Areas for Parking Only. Required off-street parking spaces in any
district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles,
except when permitted as a temporary use.
E. Parking Spaces Identified and Maintained. All residential occupancies shall provide required off-street parking spaces. When enclosing a carport or garage for storage or living
purposes, an affidavit shall be submitted to the planning director identifying the required parking
spaces necessary to comply with subsection (F)(1) below.
F. Number of Spaces Required. The following minimum number of off-street, paved parking
spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth:
1. Residential Uses. Dwelling Types Off-Street Parking Spaces Required
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With On-Street Parking
(Spaces/Unit)
Without On-Street Parking
(Spaces/Unit) Single-Family 2.00 3.00 Mobile Homes 2.00 3.00 Two-Family 2.00 3.00 Three-Family 2.25 2.25 Four-Family 2.25 2.25 Townhouse 2.00 2.25 Apartments 2.00 2.20 Group homes and community residential facilities
1 space per potential guest room
1 space per potential guest room Efficiency unit 1.25 1.25 Bed and breakfast 1.00 space/rental unit 1.00 space/rental unit Lodginghouse 1.25 1.25
All site plans submitted for permit purposes shall identify parking space allocations. 2. Non-Residential Uses.
Use Type Off-Street or Off-Road Parking Spaces Required Automobile sales 1 space per 200 square feet of indoor floor area, plus
1 spaces per 20 outdoor vehicle display spaces Automobile service station 2 spaces per service stall, but no less than 4 spaces Automobile washing
establishment -Automatic drive-through
-Self-service
3 spaces or 1 for each employee on maximum shift, plus stacking space
2 spaces per stall not including washing or drying spaces Bank, financial institutions 1 space per 300 square feet Bowling alley 4 spaces per alley, plus
2 spaces per billiard table, plus
1 space per each 5 visitor gallery seats Church 1 space per 4 seats or 6 linear feet of space in each building based upon design capacity of main assembly hall; Public
assembly areas, recreational buildings - 1 per 200 square feet;
Classroom - 1 space per 4 seats Community or recreation
center
1 space per 200 square feet of floor area
Dancehalls, skating rinks or similar uses
1 space per 300 square feet of floor area
Court clubs (racquetball,
handball, tennis)
1 space per 200 square feet of floor area, plus
3 spaces per court Day care centers 1 space per 200 square feet of floor area Elderly (senior citizens)
housing
1 space per unit
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Furniture stores over 20,000
square feet
3 spaces per 1,000 square feet of floor area
Golf courses 1 space per 200 square feet of main building floor area, plus
1 space for every 2 practice tees in driving range, plus 4 spaces per each green in the playing area Use Type Off-Street or Off-Road Parking Spaces Required Hospitals 1 space per bed Medical and dental offices 4 spaces for each full time equivalent doctor or dentist, plus
1 space for each full time equivalent employee Manufacturing and industrial
uses
1 space per 1,000 square feet of floor area, plus
1 space per 2 employees on maximum working shifts
Motels, Hotels
-Restaurants, bars, dining
rooms-Commercial area -Public assembly areas
1.1 spaces per each guest room, plus
1 space per employee on maximum shift, plus
spaces for accessory uses as follows:
1 space per sixty square feet
1 space per each 400 square feet of floor area1 space for each 5 seats based upon design capacity, except that
Total off-street or off-road parking for public assembly may be
reduced by 1 space for every 4 guest room Nursing homes, rest homes or
similar uses
4 spaces, plus
1 space for each 3 beds, plus
1 space for each employee on maximum shift Offices (except medical and dental)
1 space per 250 square feet of floor area with a minimum of 4
Outdoor sales (plant
nurseries, building materials,
equipment rental and similar)
1 space per 500 square feet of sales and/or display area. The
size of the sales and/or display area shall be determined on a
case by case basis. Restaurants, cafes, bars and
similar uses
1 space per 50 square feet of indoor public serving area, plus
1 space per 100 square feet of outdoor (patio) area Retail store and service establishments
1 space per 300 square feet of floor area
Sales sites; model homes 1 space per 150 square feet of model floor areas; plus
1 space per employee Schools
-Elementary and/or Junior
high
-Senior High
1.5 spaces for each classroom, library, lecture hall and cafeteria,
plus 1 space per each 3 fixed seats in the in area of public assembly,
or
1 space for each 21 square feet of area available for public
assembly if fixed seats are not provided.
1.5 spaces for each classroom or lecture hall, plus 1 space per each 5 students, plus
1 space for each non-teaching employee, plus
1 space per each 3 fixed seats in the area of public assembly, or
1 space per 21 square feet of area available for public assembly
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-Business or similar school if fixed seats are not provided.
1 space for each 1.25 students Theater, Auditorium or
similar
1 space per 4 seats based upon place of assembly design
capacity Warehousing, storage or handling of bulk goods
1 space per 1,000 square feet of floor area devoted to storage of goods, plus: appropriate spaces to support accessory office or retail sales facilities at one space per 300 square feet of floor
area
3. Disabled Accessible Parking Spaces. a. Disabled parking spaces shall be provided subject to federal standards enumerated in the
Americans with Disabilities Act (ADA) dated January 26, 1992, and Federal Standard 795,
(Uniform Federal Accessibility Standards) dated April 1, 1988, Chapter 4 (Accessible Elements
and Spaces: Scope and Technical Requirements). b. All parking lots and facilities shall be subject to current Uniform Building Code guidelines for accessibility, and shall contain a minimum number of disabled accessible parking spaces as set
forth in the table below:
Total Parking in Lot Required Minimum Number of Accessible Spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1000 2 percent of total 1001 and over 20 plus 1 for each 100 over 1000
One in every eight accessible spaces shall have an aisle eight feet wide (rather than five feet)
and shall be signed "van accessible."
Accessible spaces shall be located as near as practical to a primary entrance(s) and shall be
designated as those spaces closest to the primary entrance(s) to a facility. Parking spaces and access aisles shall be level with slopes not exceeding 1:50 in all directions and shall be maintained
in an ice and snow free condition.
The minimum number of accessible parking spaces shall be in addition to any required parking
spaces.
c. All accessible parking spaces shall be designated as reserved for the disabled by a sign showing the symbol of accessibility at each space. Such signs shall not be obscured by a vehicle
parked in the space. Signs and symbols painted on the pavement as the only means of
identification, do not meet this requirement.
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Raised signs shall be located at a distance no greater than five feet from the front of each
accessible space and shall be subject to review and approval by the planning department.
d. Provision of an accessible path of travel from each disabled accessible parking space to the
entrance of the facility shall include ramped access where necessary and an unencumbered
minimum three-foot wide walk, sidewalk or ramps. The accessible path of travel shall be paved, smooth surface, free of defects or design features that would restrict, inhibit or unreasonably
impede the movement of a physically disabled individual.
The least possible slope shall be used for any ramp. The maximum slope of a ramp in new
construction shall be 1: 12, cross slopes shall not exceed one-quarter inch per foot. The maximum
rise for any run shall be thirty inches (seven hundred sixty millimeters). e. Exceptions:
i. Group R occupancies containing three or less dwelling units or congregate residences
accommodating ten persons or less.
G. Joint Use of Parking Facilities.
1. Up to eighty percent of the parking facilities required by this subsection for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking
facilities by the following daytime uses: banks, business offices, retail stores, personal service
shops, household equipment or furniture shops, clothing or shoe repair or service shops,
manufacturing, wholesale and similar uses.
2. Other joint use of parking by adjacent commercial uses to reduce total parking spaces may be allowed with an approved parking study submitted by a registered professional engineer,
architect or landscape architect.
3. Conditions Required for Joint Use.
a. The building or use for which application is being made to utilize the off-street parking
facilities provided by another building or use shall be located within one thousand feet of such parking facilities.
b. The applicant shall show that there is no substantial conflict in the operating hours of the two
buildings or uses for which joint use of off-street parking facilities is proposed.
c. A properly drawn legal instrument, executed by the parties concerned for joint use of
off-street parking facilities, duly approved as to form and manner of execution by the city attorney, shall be filed with the clerk of the commission and recorded with the county clerk and recorder.
H. Off-Site Parking.
1. Any off-site parking which is used to meet the requirements of this title shall be reviewed by
the planning director for compliance with this title and shall be subject to the conditions listed
below. a. Off-site parking shall be developed and maintained in compliance with all requirements and
standards of this title;
b. Reasonable access from off-site parking facilities to the use being served shall be provided;
c. The site used for meeting the off-site parking requirements of this title shall be under the
same ownership as the principal use being served, under public ownership, or shall have guaranteed permanent use by virtue of a perpetual lease filed with the clerk of the commission and
the county clerk and recorder;
d. Off-site parking for single-family and two-family dwellings shall not be permitted;
e. Off-site parking for multiple-family dwellings shall not be located more than one hundred
feet from any commonly used entrance of the principal use served; f. Off-site parking for nonresidential uses shall not be located more than four hundred feet from
the commonly used entrance of the principal use and shall not be located in residential districts;
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g. Any use which depends upon off-site parking to meet the requirements of this title shall
maintain ownership or provide evidence of a long-term irrevocable lease agreement, running in
perpetuity with the existence of the designated use, for parking utilization of the off-site location.
I. Improvement Schedule. All parking area improvements to include surfacing, drainage,
walkways, lighting, landscaping, screening, traffic control, etc. shall be installed according to the provisions of Chapter 18.62.
J. Stacking of Off-Street Parking Spaces. Required parking spaces shall be located so as to
preclude stacking of off-street parking spaces, with the exception of single-family dwellings and
individual townhouse units, and duplexes with physically separated individual driveways.
K. No Parking Permitted in Required Front or Side Yards. Required parking spaces shall not be located in any required front or side yard, except that detached single-family dwellings and
townhouses, and duplexes with physically separated individual driveways, may have one space
located within a driveway area in the required front yard.
18.50.130 Off-street loading berth requirements. A. Affected Uses. Every hotel, 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 fifteen thousand square feet or more
shall provide off-street truck loading or unloading berths in accordance with the following table: Square Feet of Aggregate Gross Floor Area Devoted to Such Use
Required Number of Berths
15,000 sq. ft. up to and inc. 40,000 sq. ft. 1 40,001 sq. ft. up to and inc. 100,000 sq. ft. 2 100,001 sq. ft. up to and inc. 160,000 sq. ft. 3 160,001 sq. ft. up to and inc. 240,000 sq. ft. 4 240,001 sq. ft. up to and inc. 320,000 sq. ft. 5 320,001 sq. ft. up to and inc. 400,000 sq. ft. 6 400,001 sq. ft up to and inc. 490,000 sq. ft. 7 For each additional 100,000 sq. ft. 1 additional
Any office building one hundred thousand square feet or larger shall have at least one off-street
loading berth.
B. Standards for Off-Street Loading Facilities. All off-street loading facilities shall conform to
the following standards: 1. The first loading berth shall be at least seventy feet in length. Additional berths required
shall be at least forty-five 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 twenty-five feet in length. All loading berths shall be at least twelve feet in
width and fourteen 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 fifty feet to any lot in any residential zone unless
separated from such zone, except at the accesses, by screening not less than eight 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.
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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. If the loading area is illuminated, lighting shall be deflected down and/or away from abutting
residential sites so as to cause no annoying glare.
8. No regular repair work or servicing of vehicles shall be conducted in a loading area.
9. Off-street loading facilities shall be located on the same site with the use for which the berths are required.
10. 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.
11. Off-street loading facilities for a single use shall not be considered as providing required
off-street loading facilities for any other use.
12. 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
18.62. 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.
13. Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facility.
18.50.140 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, or constructing a public facility. 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;
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. 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 18.62.
The Planning Director may also require any information deemed necessary to support the approval
of a special temporary use permit, including site plans as per Chapter 18.52.
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. Any person aggrieved by the decision of
the planning director may file an appeal within fifteen days of such decision with the city
commission pursuant to Chapter 18.56.
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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 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,
6. Such other conditions deemed necessary to carry out the intent and purpose of this section.
18.50.150 Home occupations.
A. Generally. A home occupation is a use that is considered accessory to a dwelling unit. A
home occupation shall be carried on by one or more persons, all of whom reside within the
dwelling unit, and where no more than one person is employed on more than a half-time basis other than resident and domestic help. The use shall be clearly incidental and secondary to the use
of the dwelling for residence purposes and shall not change the character thereof or adversely
affect the uses permitted in the residential district of which it is a part. There shall be no outside
storage of any kind; any indoor storage, constriction, alterations, or electrical or mechanical
equipment used, shall not change the fire rating of the structure. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. It shall not cause an
increase in the use of one or more utilities (water, sewer or garbage) so that the combined total use
for dwelling and home occupation purposes of one or more utilities exceeds the average for
residences in the neighborhood. When a use is a home occupation, it means that the owner, lessee,
or other persons who have a legal right to the use of the dwelling unit also have the vested right to conduct the home occupation without securing special permission to do so. However, such person
shall be subject to all conditions set forth in this title, such as off-street parking, and to all other
permits required by the city, such as building permits and business licenses, and shall consult with
city officials before establishing such home occupation.
B. Purpose of provisions. It is in the intent of this section to eliminate as home occupations all uses except those that conform to the standards set forth in this section. In general, a home
occupation is an accessory 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 65. The standards for home occupations included in this section are intended
to insure compatibility with other permitted uses and with the residential character of the neighborhood. A clearly secondary 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 a home
occupation.
C. Necessary Conditions. Home occupations are permitted accessory uses in residential districts only so long as all the following conditions are observed: 1. Such occupation shall be conducted solely by resident occupants in their residence with not
more than one half-time nonresident employee;
2. No more than twenty-five percent of the gross area of all structures shall he used for such
purpose; 3. 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;
4. No home occupation 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 and home occupation purposes
exceeds the average for residences in the neighborhood; 5. There shall be no outside storage of any kind related to the home occupation;
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6. The use may increase vehicular traffic flow and parking by no more than one additional
vehicle at a time;
7. 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 occupation exists.
D. Complaints. Complaints by citizens of Bozeman may be cause for termination of the home
occupation. 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 occupation.
E. Examples of the Uses that Frequently Qualify as Home Occupations. The following are
examples of uses which can typically be conducted within the limits of the restrictions established
in this section and thereby may qualify as home occupations. Uses which may qualify as home
occupations are not limited to those named in this subsection (nor does the listing of a use in this subsection automatically qualify as a home occupation): accountant; architect; artist;
attorney-at-law; author, consultant; dressmaking, individual musical instrument instruction;
individual tutoring; insurance; millinery; and realtor.
F. Uses That Are Prohibited. The following uses, by the nature of the investment of operation,
have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home occupations 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 occupations: auto repair,
minor or major, barbershop; carpentry work; contractor's offices, unless no construction activity or
storage of materials and/or equipment occurs at the residence; dance instruction; dental offices;
medical offices; painting of vehicles, trailers, or boats; private schools with organized classes; radio repair, television repair, upholstering; beauty salons.
G. Home Occupation Procedures.
1. Notice of Intent to Operate a Home Occupation. 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 Chapter 18.50 of this title. 2. Appeal to City Commission. Any person may appeal the planning director's action to the
board of adjustment within fifteen days as per Chapter 18.56.
18.50.160 Nonconforming uses and structures.
A. Any structure or use lawfully existing upon the effective date of the ordinance codified in this title may be continued at the size and in the manner of operation existing upon such date
except as hereinafter specified, or in the case of signage as specified in Chapter 18.65.
B. The right to operate and maintain a nonconforming use shall terminate when the structure or
structures housing such use are removed, razed or damaged to an extent of fifty percent of the
structure's fair market value as determined by the last equalized assessment role of the county. However, in the event of damage by fire, wind, earthquake or other act of God to the extent
described above, said structure or structures and the nonconforming use or uses housed therein
may be reestablished through a conditional use permit procedure as set forth in Chapter 18.53.
C. When any lawful nonconforming use of any structure or land in any district has been
changed to a conforming use, it shall not thereafter be changed to any nonconforming use. D. Whenever a lawful nonconforming use of a building or structure or land is discontinued for
a period of ninety days, any future use of the building or structure or land shall be in conformity
with the provisions of this title.
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E. Normal maintenance of a building or other structure containing or related to a lawful
nonconforming use is permitted, including necessary structural repairs provided such structural
repairs do not enlarge or intensify the nonconforming use.
F. 1. A lawful nonconforming use shall not be changed except in conformance with the use
requirements of the zone in which it is located. Except, however, a lawful nonconforming use may be changed to another nonconforming use, provided that a conditional use permit is obtained from
the city commission.
2. To approve the conditional use permit, the city commission shall determine that the
proposed nonconforming use is more appropriate to the district than the existing nonconforming
use, and that no unsafe or unhealthy conditions are perpetuated. In making, such a determination, the commission shall weigh the following criteria:
a. Traffic impacts, both on-site and off-site;
b. Off-street parking and loading requirements;
c. The visual impact on the surrounding area;
d. The degree of compliance with the adopted master plan and Zoning Ordinance; e. The level of conflict with other uses in the surrounding area;
f. The presence of other nonconformities in the surrounding area;
g. The degree to which any existing unsafe or hazardous conditions would be mitigated;
h. The viability of the subject structure(s); and
i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater contamination, or other environmental impacts.
G. The maintenance and reconstruction of existing nonconforming residential dwelling units is
allowed, in compliance with applicable fire and building codes, including expansion of up to
twenty percent of the existing dwelling unit, as long as the number of dwelling units on the lot is
not increased. H. Use of Existing Lots.
1. At the time of the enactment of the ordinance codified in this title, if any owner of a plot of
land consisting of one or more adjacent lots in a subdivision of record does not own sufficient land
within the lot of record to enable him/her to conform to the minimum lot size requirements or does
not have sufficient lot width to conform to the minimum lot width requirements, such plot of land may nevertheless be used as a building site. The lot dimension requirements of the district in which
the piece of land is located may be reduced by the smallest amount that will permit a structure of
acceptable size to be built upon the lot, such reduction to be determined by the board of
adjustment.
a. In the A-S, R-S, R-1, R-2, R-2a and R-3a districts, the reduction shall permit only a single-family residence.
b. In the R-3, R-4 and R-O districts, the reduction shall permit only a duplex.
c. In the R-4 and R-O districts, the reduction shall permit only townhouse clusters or apartment
buildings containing no more than four units.
2. No lot, even though it may consist of one or more adjacent lots in the same ownership at the time of passage of the ordinance codified in this title, shall be reduced in size so that lot width or
size of yards or lot area per family or any other requirement of this title is not maintained. This
section shall not apply when a portion of a lot is acquired for a public purpose.
3. Adjacent parcels which do not conform to minimum lot requirements and which are in
common ownership shall be considered individual lots of record for the purposes of this code only if they are each greater than one acre in size and were created prior to the passage of the ordinance
codified in this title.
I. A lawful nonconforming use may be expanded only through the granting of a conditional use
permit by the city commission. In considering the appropriateness of the conditional use permit
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application, the city commission shall weigh the criteria set forth in subsection F of this section. In
addition, the commission shall consider whether the expansion is reasonable, natural and
incidental to the growth and use of an existing business. In general, proposals to expand
nonconforming uses shall not be approved if the expansion would encompass new land or property
which was not in use at the time of the enactment of zoning or a change in zoning.
18.50.180 Mobile homes on individual lots. A. Intent. It is the intent of this section to allow mobile homes, as defined herein, in specified
zoning districts in which similar one-family dwellings constructed on the site are permitted subject
to requirements and procedures set forth herein to assure acceptable similarity in exterior appearances between such mobile 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 mobile 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 mobile home on the individual building lot shall be submitted to the building division in conjunction with
the application for a building permit for the building foundation. The application shall include all
information as deemed necessary by the zoning administrator 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 mobile 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 one hundred fifty feet of
each corner of the proposed site. As a minimum requirement, it shall also include 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 mobile homes with permanent foundation and residences
constructed on the site to assure that such mobile homes will be compatible in appearance with
site-built housing that has been or may be constructed in adjacent or nearby locations. 1. No mobile homes shall have fenestration or other features, or use colors or color
combinations 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 one foot of rise for each four feet of horizontal run. Minimum distance from eaves to ridge shall be ten 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 to the ground. If a solid concrete or masonry
perimeter foundation is used, the exterior covering material shall extend below the top of the
foundation.
6. The exterior covering and roofing materials of the garage(s), carport(s) and accessory buildings shall be compatible with the materials on the mobile home.
7. The finished floor shall be a maximum of twenty-four inches above the exterior finished
grade of the lot, or similar to the conventionally built homes in the surrounding area.
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8. The mobile home shall be so located on the lot that the portion nearest the principal street
frontage is at least thirty-four feet in total length when measured as a line parallel to the street.
Such dimension shall be measured from outer extremities, including eaves, and shall include any
additions to the main body of the mobile home, such as living or recreation rooms, garages,
carports, utility rooms, and the like, the front portions of which are within ten feet of the front of the main body of the mobile homes.
9. Mobile homes on permanent foundations shall meet all the property development standards
for the zone in which they shall be located. These standards include, but are not limited to: lot area
and dimension; area per dwelling unit; front, rear and side yard setbacks; building height, lot
coverage, location of accessory buildings; and off-street parking. 10. Mobile homes shall be approved for location on individual building lots only if they have
been certified as meeting the Mobile Home Construction and Safety Standards of the U.S.
Department of Housing and Urban Development.
C. Actions by Planning Director. Upon receipt of an application as required by subsection B of
this section, the planning director shall make a decision to approve or disapprove of the application within fifteen days, or he may make referral to the city commission. Referrals to the city
commission shall be placed on the agenda for its regular meeting. Within five days after receipt of
recommendations from the city commission, the planning director shall make a determination as to
conformity with subsection C of this section, notifying the applicants of approval or disapproval.
In the case of disapproval, the reasons therefor shall be stated in writing.
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Chapter 18.51
DESIGN REVIEW BOARD (DRB), ADMINISTRATIVE DESIGN REVIEW (ADR)
STAFF AND DEVELOPMENT REVIEW COMMITTEE (DRC) Sections: 18.51.010 Purpose of design review board, administrative design review staff and
development review committee.
18.51.020 General procedures, notice and timing. 18.51.010 Purpose of design review board, administrative design review staff and development review committee.
A. Purpose. The design review board, administrative design review staff and the development
review committee are established to coordinate, expedite and assure fair, equitable implementation of this title. The objective, to be implemented through their procedures and deliberations, shall be
to encourage development quality that will enhance both the natural and built environments, with
full consideration to present and future property values. The development review committee is
established to evaluate all proposals subject to the provisions of Chapter 18.52; the development
review committee shall act as an advisory body for larger and more complex proposals, and an approval body for smaller and less complex proposals. The design review board is established to
evaluate aesthetic considerations of larger and more complex proposals which are likely to
produce significant community impact, including major site plans and conditional use permits
located within overlay districts and all planned unit developments, and to provide
recommendations regarding such proposals to the city commission, subject to the provisions of Chapter 18.52. The administrative design review staff is established as the approval body for
aesthetic considerations of smaller and less complex proposals, including sketch plans within
overlay districts, which are less likely to produce significant community impact, subject to the
provisions of Chapter 18.52.
B. Development Review Committee Procedures Established. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly
or biweekly meeting attended by representatives of each of the city departments charged with
development review, each representative of which shall have decision making capability and
authority (veto power). Tape recorded and written meeting reviews setting forth decisions and
findings shall be made. These records shall be preserved as part of the official proceedings for each development proposal. Lastly, the DRC shall generally follow "Robert's Rules of Order" and may
prepare and adopt supplemental procedural rules that will assure the accomplishment of the stated
purpose and promote the efficiency and effectiveness of the developmental review process.
1. The committee shall at a minimum be composed of the following personnel: director of
public service or designee, fire marshal or designee, the superintendent of streets/garbage or designee, the superintendent of water/sewer or designee, the planning director or designee, and the
building official or designee. When necessary, other members of the committee may include: the
police chief or designee, the superintendent of parks/cemetery or designee, the recreation
superintendent or designee, the city manager or designee, with other individuals to be included as
necessary at the planning director's request. 2. When applicable, the committee may solicit the input of non-city agencies and persons
including, but not limited to, the county subdivision review officer or designee, the county
sanitarian or designee, the county road superintendent or designee, and state or federal agencies,
with other individuals to be included as necessary.
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C. Design Review Board Procedures Established.
1. To implement this purpose, certain procedures shall be adopted to include, but not be limited
to, a regularly scheduled weekly or biweekly meeting attended by members of the board. Tape
recorded and written meeting reviews setting forth decisions and findings shall be made. These
records shall be preserved as part of the official proceedings for each developmental proposal. Lastly, the DRB shall generally follow "Robert's Rules of Order" and may prepare and adopt
supplemental procedural rules, upon the approval of the city commission, that will assure the
accomplishment of the stated purpose and promote the efficiency and effectiveness of the design
review process.
2. The board shall consist of six professional and two nonprofessional members. Professional members shall be degreed in their respective disciplines and/or otherwise licensed or certified by
their respective professional authorities. The professional contingent shall consist of four
architects, one architectural historian, and one landscape architect or landscape designer. At
least one of the professional members shall have a demonstrated expertise in urban design.
Nonprofessional members shall be individuals with an interest in, or knowledge of, urban design or historic preservation. No member of the design review board shall serve concurrently as a
member of the Bozeman planning board. A quorum of the DRB shall be four voting members and
one of the members constituting the quorum must be an architect.
3. Nonprofessional members shall be residents of the City of Bozeman. In selecting the
professional members the city commission shall give preference to residents of the City of Bozeman. However, where a qualified professional resident is not available to serve, the city
commission may appoint a professional member who practices professionally, owns property, or
owns a business within the City of Bozeman.
D. Administrative Design Review Staff Procedures Established.
1. To implement this purpose, certain procedures shall be adopted, including the administrative evaluation of a proposal without public notice or comment unless a deviation from the underlying
zoning is requested. After a proposal has been evaluated by the ADR staff, said staff shall issue a
written decision that shall include findings and may include a notice of required corrections. The
ADR staff may call a conference with the applicant to determine design alternatives, or the
applicant may call a conference with the ADR staff for said purpose; any such conference shall be conducted prior to the issuance of a building permit for the proposal.
2. ADR staff shall consist of two planning staff members. One member shall be degreed,
and/or otherwise licensed or certified by his/her respective professional authorities, in an
environmental design discipline such as architecture, landscape architecture or urban design. The
second member shall be the planning director or his/her designee who may or may not be degreed in architecture.
18.51.020 General procedures, notice and timing.
A. Informal Advice and Direction. A person or organization considering any construction,
building or site alteration, rezoning or other development activity, with the exception of potential planned unit development applications, may approach the DRC, DRB and/or ADR for informal
advice and direction. Such discussion shall be treated as advisory by both parties and shall record
only the fact that contact had been made. An informal review by the DRC and/or DRB may be
requested by submitting a completed application form provided by the planning director along
with any schematic development plans or written narrative at least one week prior to the next regularly DRC and/or DRB meeting. The initial informal review by an applicant or owner for a
specific parcel shall be conducted without a fee; a fee, in accordance with the fee resolution
adopted by the city commission, shall be charged for a second or subsequent informal review
3
requested by the same applicant and/or owner for the same real property as a prior informal review.
No application is required for informal review or advice by the ADR staff.
B. Formal Application. An application for DRC, DRB and/or ADR consideration of a
development proposal must be submitted utilizing a form available from the planning director.
Material to be submitted with the application shall include the elements set forth within the requirements for the type of proposal to be considered, i.e., sketch plan, site plan, conditional use
permit, certificate of appropriateness, planned unit development, etc., as outlined in Chapter 18.52.
It is recommended that the applicant discuss the application informally with the DRC, DRB, ADR
or planning director prior to formal submission to help expedite the process. Depending upon the
size of the proposed project, its location and type, the applicant may be directed to one or more agencies of the city for processing
C. Public Notice. Public notice for any proposal before the DRC, DRB or ADR, that requires
such notice, shall be provided in accordance with Section 18.52.055.
D. DRC, DRB and/or ADR Action. By day fourteen from the date of the regularly scheduled
DRC and/or DRB meeting at which the applicants' proposal was initially reviewed, the DRC and/or DRB shall take action to approve, approve with conditions, table pending submission of
revised or additional materials, deny the applicant's proposal, or recommend such action to the
appropriate approval authority. For proposals subject to ADR review, the ADR staff shall take
action to approve, approve with conditions, delay pending submission of revised or additional
materials or deny the applicant's proposal. E. Plan Appeals Procedure. The applicant or certain other parties may appeal a decision of the
DRC, DRB and/or ADR. The criteria for appeals is set forth in Chapter 18.58, Plan Appeals
Procedure.
Chapter 18.52 PLAN REVIEW AND APPROVAL
Sections:
18.52.010 Introduction. 18.52.020 Sketch plan review. 18.52.030 Site plan review. 18.52.040 Special development proposals-Additional application requirements, review
procedures and review criteria.
18.52.050 Certificates of appropriateness -Additional application requirements, review procedures and review criteria. 18.52.055 Public notice requirements. 18.52.060 Building permits based upon approved sketch or site plans.
18.52.070 Amendments to sketch and site plans.
18.52.080 Appeals. 18.52.010 Introduction. A. All development proposals within the city will be subject to plan review and approval.
Depending on the complexity of development, either sketch plans or site plans will be required as
specified in this chapter. B. Special development proposals (i.e., PUDs, CUPs, variances, mobile homes located on
individual lots, 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 Section 18.52.040.
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C. When a development is proposed within a neighborhood conservation or entryway corridor
overlay district, or proposes signs which do not specifically conform to zoning requirements,
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 Section 18.52.050.
18.52.020 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, drawn to scale and in sufficient detail to
demonstrate compliance with all zoning requirements. Sketch plans shall be oriented with north at the top of the page and shall also show site boundaries, street and alley frontages with names, and
location of all structures with distances to the nearest foot between buildings and from buildings to
property lines.
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 Section 18.52.050).
3. Examples of independent projects which qualify for sketch plan review are: individual
single-family, two-family, three-family, and four-family residential units, each on individual lots;
mobile homes on individual lots; fences; signs in compliance with zoning requirements; special
temporary uses; home occupations; 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 staff for a determination of
compliance with zoning requirements. 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 and such additional information as may be required for projects which require a certificate of appropriateness as per Section 18.52.050 shall be submitted
to the ADR staff, who shall review the proposal for zoning compliance, 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 zoning requirements including overlay district requirements and the cessation of any
current violations of this title, exclusive of any legal nonconforming conditions.
18.52.030 Site plan review. A. Classification of Site Plans.
1. For purposes of this title, site plans will be classified as major or minor site plans. All
developments within the city, except individual single-family, two-family, three-family and
four-family residential structures, each on individual lots, and other development proposals requiring only sketch plan review, shall be subject to this section. A major site plan involves one or
more of the following:
a. Twelve or more dwelling units in a multiple family structure or structures;
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b. Fifteen thousand or more square feet of office space, retail commercial space, service
commercial space or industrial space;
c. More than one building on one site for permitted office uses, permitted retail commercial
uses, permitted service commercial uses, permitted industrial uses or permitted combinations of
uses; d. Twenty thousand or more square feet of exterior storage of materials or goods;
e. Parking for more than forty vehicles.
2. Any other site plan, except those that are part of a planned unit development or conditional
use permit, will be considered a minor site plan.
3. Any conditional use permit application shall be reviewed according to the regulations in Chapter 18.53.
4. Any planned unit development shall be reviewed according to the regulations in Chapter
18.54.
B. Review Authority.
1. The city commission has the right to review and require revisions to any proposed site plans, major or minor. The purpose of this review is to prevent demonstrable adverse impacts of the
development upon public safety, health or welfare; to protect public investments in roads, drainage
facilities, sewage facilities, and other facilities; to conserve the value of adjoining buildings and/or
property; and to ensure that the applicable regulations of the city are upheld.
2. However, the city commission authorizes the development review committee and/or the design review board, when applicable, to review and approve minor site plans, subject to the
appeal provisions outlined in Chapter 18.58. In consideration of any major site plan application,
the city commission shall conduct a public hearing that has been duly noticed as per Section
18.52.055.
C. Application of Site Plan Review Procedures.
1. These procedures shall apply to all developments within the city except for individual
single-family, two-family, three-family and four-family residential units, each on individual lots,
or to other development proposals requiring only sketch plan review.
2. The site plan shall be submitted and approved prior to the issuance of any building permit. 3. 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. Site Plan Submittal Requirements.
1. Applications for all site plan approvals shall be submitted to the planning office 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 city commission,
design review board or development review committee to determine whether the proposed
development will meet the development requirements of the city. Unless otherwise specified,
twenty copies of the application and required supplemental information addressing the following shall be submitted:
a. General Information.
i. Name of project/development,
ii. Location of project/development by street address and legal description,
iii. Location map, including area within one-half mile of site, iv. Name and mailing address of developer and owner,
v. Name and mailing address of engineer/ architect, landscape architect and/or planner,
vi. Date of plan preparation and changes,
vii. North point indicator,
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viii. Suggested scale of one inch to twenty feet, but not less than one inch to one hundred feet,
ix. List of names and addresses of property owners within two hundred feet of site, using last
declared county real estate tax records,
x. Stamped, unsealed envelopes addressed with names of above property owners,
xi. Zoning classification within two hundred feet, xii. Listing of specific land uses being proposed, and
xiii. Complete, signed application.
b. Site Plan Information. The following information is required whenever the requested
information pertains to: (1) zoning or other regulatory requirements; (2) existing conditions
on-site; or (3) conditions on-site which would result from the proposed development. i. Boundary line of property with dimensions,
ii. Location, identification and dimension of the following existing and proposed data, on-site
and to a distance of one hundred feet outside site plan boundary unless otherwise stated:
(A) Topographic contours at a minimum interval of two feet, or as determined by the planning
director, (B) Adjacent streets and street rights-of-way to a distance of one hundred fifty feet, except for
sites adjacent to major arterial streets where the distances shall be two hundred 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, (4) Water,
(5) Sewer (sanitary, treated effluent and storm),
(H) Parcel size(s) in gross acres and square feet,
(I) Buildings and structures,
(J) Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR), with a breakdown by land use,
(K) Proposed coverage of buildings and structures for parcel(s) and total site, including the
following:
(1) Percentage and square footage of building coverage,
(2) Percentage and square footage of driveway and parking, (3) Percentage and square footage of open space and/or landscaped area,
(L) Surface water holding ponds, streams and irrigation ditches, watercourses, water bodies
and wetlands,
(M) Floodplains as designated on the Federal Insurance Rate Maps,
(N) Grading and drainage plan, including provisions for on-site retention/detention and water quality improvement facilities as required by the city engineering department, or in compliance
with any adopted storm drainage ordinance,
(0) Significant rock outcroppings, slopes of greater than fifteen percent, or other significant
topographic features,
(P) Detailed plan of all parking facilities: including circulation aisles, access drives, bicycle racks, compact spaces, handicapped spaces and motorcycle parking,
(Q) Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical
details,
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(R) 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,
(S) Fences and walls, including typical details,
(T) Exterior signs, (U) Exterior refuse collection areas, including typical details,
(V) Exterior lighting, including typical details,
(W) Curb, asphalt section, and drive approach construction details,
(X) Landscaping (detailed plan showing plantings, equipment, and other appropriate
information as required in Section 18.50.100), (1) Landscape legend, including botanical and common names of vegetation to be used,
(2) Size of plantings at time of planting and at maturity,
(3) Areas to be irrigated,
(Y) Unique natural features, significant wildlife areas and vegetative cover, including existing
trees and shrubs having a diameter greater than two and one-half inches, by species, (Z) Snow storage areas,
(AA) Location of municipal and extraterritorial boundaries within or near the development,
(BB) Existing zoning,
iii. Number of employee and nonemployee parking spaces, existing and proposed, and total
square footage of each, iv. Site statistics including site square footage, nonresidential building square footage, percent
of site coverage (building and parking), net dwelling unit density, percent park or open space,
v. Total number, type and density per type of dwelling units, and total gross residential density
and density per residential parcel,
vi. A reproducible copy of the site plan with appropriate signatures shall be submitted upon approval;
c. Building Design Information (On-Site).
i. Building heights and elevations of all exterior walls of the building(s) or structure(s),
ii. 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, ill. Floor plans depicting location and dimensions of all proposed uses and activities.
E. Site Plan Review Procedures.
1. Minor Site Plan. Minor site plans shall be processed for review in the manner prescribed in
Chapter 18.51 and Chapter 18.58, should an appeal be taken.
2. Major Site Plan. Major site plans shall be initially processed through the DRC and/or the DRB, when applicable, in the manner of a minor site plan; however, the DRC and/or DRB
action(s) shall not be final but rather advisory to the city commission. All procedures and appeals
shall be conducted per the provisions of Chapters 18.51 and 18.58.
F. Site Plan Review Criteria.
1. In considering applications for site plan approval under this title, the development review committee, and when appropriate, the administrative design review staff, the design review board,
and the city commission shall consider the following:
a. Relationship of site plan elements to conditions both on and off the property;
b. Conformance to this title, including the cessation of any current violations;
c. Conformance to the city's master plan; d. All other applicable laws, ordinances and regulations;
e. The impact of the proposal on the existing and anticipated traffic and parking conditions;
f. The consistency of the proposal with respect to land use requirements;
g. Pedestrian and vehicular ingress and egress;
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h. Building location and height;
i. Landscaping;
j. Lighting;
k. Provisions for utilities;
l. Site surface drainage; m. Open space;
n. Loading and unloading areas;
o. Grading;
p. Signage;
q. Screening; r. Setbacks;
s. Overlay district provisions;
t. Other related matters, including expressed public opinion.
2. If the development review committee and, if appropriate, the design review board or the city
commission shall determine that the proposed 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 master plan, approval shall be granted,
and such conditions and safeguards may be imposed as deemed necessary.
3. Site plan approval may be denied upon determination that the conditions required for
approval do not exist.
18.52.040 Special development proposals - Additional application requirements, review procedures and review criteria.
A. Application Requirements. Applications for special development proposals (PUD, CUP,
flood plain development permits, variances) shall include: 1. The required information for major and minor site plans described in Section 18.52.030;
2. Any additional application information required for specific reviews as listed in the
following chapters:
a. 18.44, Flood Hazard District,
b. 18.53, Conditional Use Procedure, c. 18.54, Planned Unit Development,
d. 18.56, Variance and Administrative Interpretation Appeal Procedures.
B. Review Procedures and Review Criteria. Additional review procedures and review criteria
for specific development proposals are defined in the following Chapters:
a. 18.44, Flood Hazard District, b. 18.53, Conditional Use Procedure,
c. 18.54, Planned Unit Development,
d. 18.56, Variance and Administrative Interpretation Appeal Procedures.
18.52.050 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 district) 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
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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 office;
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 Section 18.52.020 or 18.52.030; 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 office;
i. It is further suggested that the applicant seek comments from the neighborhood or area;
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 Section 18.43.080, 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 18.43.
3. Sign Proposals Which Do Not Specifically Conform to Zoning Requirements. Independent sign proposals (i.e., not in conjunction with other development) which do not specifically conform
to zoning requirements, 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 objective plan has been prepared for the
location, additional site design information, if necessary, shall be determined by the ADR staff. 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 18.42, 18.43 and 18.65, and Chapter 18.51 which describes the general
procedures, notice requirements and timing, for all proposals requiring development review
committee, design review board and/or administrative design review staff review. 2. Sign proposals which do not specifically conform to zoning requirements shall be reviewed
according to procedures and criteria outlined in Chapter 18.65.
18.52.055 Public notice requirements.
A. Public Notice Requirements For Sketch Plan and Minor Site Plan Applications. No public notice requirements shall apply for sketch plan applications outside of overlay districts. Within
overlay districts, no public notice requirements shall apply for the alteration or construction of
single-family residences unless a deviation from the underlying zoning is requested. Within
overlay districts, public notice requirements shall apply to sketch plan applications for duplexes,
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triplexes and fourplexes where a principal use is proposed to be established or intensified, and/or a
deviation from the underlying zoning is requested.
For all minor site plan applications, and for sketch plan applications that are not exempted
from notice requirements above, the site in question shall be posted in at least one conspicuous
location on the site in question and mailed to all owners of record of real property within two hundred feet of the site in question using last declared county real estate tax records, at least ten
days prior to the DRC, DRB or ADR decision(s), as applicable, specifying the date, number, time
and place for said approvals. It shall specify the name and address of the applicant, the name and
address of the owner of record of the property, a legal description of the property affected, the
street address or its location by approximate distances from the nearest major street or road intersections so the property can be readily identified, a brief statement of the nature of the
approvals, and a reference to the appeals procedures in Chapter 18.58.
B. Public Notice Requirements for Major Site Plan Applications. Notice of the city
commission hearing shall be published at least once in the Bozeman Daily Chronicle, the official
newspaper of the city, posted in at least one conspicuous location on the site in question, and mailed to all owners of real property of record within two hundred feet of the site in question using
last declared county real estate tax records, not more than forty-five days nor less than fifteen
days- prior to the scheduled public hearing and approval, specifying the date, number, time and
place for said approvals. It shall specify the name and address of the applicant, the name and
address of the owner of record of the property, a legal description of the property affected, the street address or its location by approximate distances from the nearest major street or road
intersections so the property can be readily identified, a brief statement of the nature of the
hearings and approvals, and a reference to the appeals procedures in Chapter 18.58. The notice
shall provide a map of the area in question so as to indicate its general location and proximity to
surrounding properties. C. Additional Public Notice Requirements. Additional public notice requirements for specific
development proposals are defined in the following Chapters:
1. Chapter 18.53, Conditional Use Procedure;
2. Chapter 18.54, Planned Unit Development;
3. Chapter 18.56, Variance and Administrative Interpretation Appeal Procedures. D. Notice of City Approval Within Overlay Districts. In order to inform adjacent property
owners and residents that an application within an overlay district has been approved by the city,
any site approved for construction or alterations within an overlay district shall be posted with a
notice supplied by the planning office. The notice shall be posted in a conspicuous place on the site
before any construction begins and may be removed when the project is substantially complete. The notice shall specify the name of the owner of record, the address of the property, a description
of the scope of work approved and the date of city approval.
18.52.060 Building permits based upon approved sketch or site plans.
Based upon the approved sketch or 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 18.62, provided such building permit is granted within one year of plan
approval. Prior to lapse of one year, the applicant may seek an extension of one additional year
from the planning director. In such instances, the planning director shall determine that the terms
and circumstances have not significantly changed since the initial approval.
18.52.070 Amendments to sketch and site plans. A. Intent. It is the intent of this section to assure that issues of community concern are
addressed during the redevelopment, re-use or change in use of existing facilities in the
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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 expediently addressed.
B. Amendments of Plans Approved Under this Title. Any amendment or modification of a plan approved under the ordinance codified in this chapter (initially adopted July 28, 1999 ) 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 finding 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
plan review and approval provisions of this chapter.
C. Reuse, Change in Use, or Further Development of Sites Developed Prior to the Adoption of the Ordinance Codified in This Title.
1. Sites legally developed prior to the adoption of the ordinance codified in this title 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 finding that no significant alteration of the previous use and site are proposed, and upon review by the public service director 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.
2. 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:
a. 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 Section
18.50.160.F;
b. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by buildings, storage areas, parking areas or impervious surfaces by more than twenty percent, nor
add more than twenty percent in assessed value to the property;
c. Changes proposed for the site, singly or cumulatively, do not result in more than a twenty
percent increase in intensity of use as measured by parking requirements, traffic generation or
other measurable off-site impacts; d. 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.
3. 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. 4. When proposals for reuse, change in use, or further development of a site are located in
entryway corridor or neighborhood conservation overlay districts, review by the design review
board may be required to determine whether resubmittal as a new application is necessary.
18.52.080 Appeals. Appeals of decisions rendered in conjunction with any plan review may be taken as set forth in
Chapter 18.58. In such event, any plan review approval shall be stayed until the appeal process has
been satisfied.
Chapter 18.53
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CONDITIONAL USE PROCEDURE
Sections:
18.53.010 Generally. 18.53.020 Application for conditional use permit-Notice requirements. 18.53.030 City commission consideration and findings. 18.53.040 Notification of commission action.
18.53.050 Modification or enlargement of structures authorized under a
conditional use permit. 18.53.010 Generally. Certain uses, while generally not suitable in a particular zoning district, may, under certain
circumstances, be acceptable. When such circumstances exist, a conditional use permit may be
granted by the city commission. Conditions may be applied to the issuance of the permit and periodic review may be required. The permit shall be granted for a particular use and not for a
particular person or firm No conditional use permit shall be granted for a use which is not
specifically designated as a conditional use in this title.
18.53.020 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 Chapter 18.51 and Chapter 18.52.
B. In consideration of all conditional use permit applications, a public hearing shall be
conducted by the city commission. Notice of the city commission public hearing for conditional use permit applications shall be published at least once in the Bozeman Daily Chronicle, the
official newspaper of the city, posted in at least one conspicuous location on the site in question,
and mailed to all owners of real property of record within two hundred feet of the site in question
using last declared county real estate tax records, not more than forty-five days nor less than fifteen
days prior to the scheduled public hearings and approvals, specifying the date, number, time and place for such hearings and approvals. It shall specify the name and address of the applicant, the
name and address of the owner of record of the property, a legal description of the property
affected, the street address or its location by approximate distances from the nearest major street or
road intersections so the property can be readily identified, and a brief statement of the nature of
the public hearing, public meeting and approvals. The notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties.
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.
18.53.030 City commission consideration and findings. A. The city commission, in approving a conditional use permit, shall find 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 site for the proposed use relates to streets and highways adequate in width and
pavement type to carry the quantity and kind of traffic generated by the proposed use;
3. That the proposed use will have no adverse effect upon the abutting property;
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4. That the proposed use shall be in conformance with the Bozeman master plan;
5. That the conditional use has complied with all conditions stipulated in Chapter 18.50;
6. 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, 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,
n. Other such conditions as will make possible the development of the city in an orderly and
efficient manner.
B. The commission 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;
2. That all of the special conditions shall constitute restrictions running with the land use, shall
be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin 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;
3. That all conditions specifically stated under any conditional use listed in this title shall apply
and be adhered to by the owner of the land, successors or assigns;
4. That all of the special conditions shall be consented to in writing by the applicant. C. Applications for conditional use permits may be approved, conditionally approved or
denied by motion of the commission. If an application is denied, the denial shall constitute a
finding that the applicant has not shown that the conditions required for approval do exist.
18.53.040 Notification of commission action. The applicant shall be notified in writing of the action taken by the commission within seven
business days of its action. If the conditional use permit has been granted, the permit shall be
issued upon the signature of the planning director, and any conditions, automatic termination date,
or period of review shall be stated on the permit.
18.53.050 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 Chapter 18.52 and Chapter 18.53 of this title.
Chapter 18.54
PLANNED UNIT DEVELOPMENT
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Sections: 18.54.020 Intent of planned unit development.
18.54.030 Application and uses of a planned unit development.
18.54.040 Special conditions of a planned unit development. 18.54.050 Planned unit development review procedures and criteria. 18.54.060 Plan submittal requirements. 18.54.070 Duration of planned unit development approval.
18.54.080 Phasing of planned unit developments.
18.54.090 Enforcement of approval requirements and conditions. 18.54.100 Planned unit development design objectives and criteria. 18.54.020 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 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 master plan, its specific elements and its goals, objectives and policies; B. To encourage innovations in land development and redevelopment so that greater
opportunities for better 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 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 newer, incompatible
developments; and
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.
18.54.030 Application and uses of a planned unit development. A. A planned unit development may be applied to any development having one or more
principal uses or structures on a single parcel of real property or contiguous parcels of real
property. Any use or combination of uses may be allowed in a planned unit development provided
such uses are consistent with the Bozeman master plan and subsection E of Section 18.54.100.
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B. All planned unit developments shall consist of a harmonious arrangement of 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.
18.54.040 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. 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. 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 Section 18.54.100.E.
D. Use of General Building and Development Standards. All planned unit developments shall
be reviewed against the general building and development standards established in Chapter 18.50. However, the general building and development standards will be used only as a guide. Approval
of a planned unit development shall rest upon a finding by the city commission, as proved by the
proposal for a planned unit development, that the intent of the general building and development
standards is achieved.
E. Establishing Additional Standards. In addition to, or in lieu of, 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 code, Chapter 18.65. 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 finding by the city commission, as proved by the specific proposal, that the intent of the
sign code is achieved.
18.54.050 Planned unit development review procedures and criteria. A. Approval of a planned unit development shall consist of three procedural steps:
1. Concept Plan Review. Discussion with the development review committee, design review
board 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 solutions to those problems before formal application.
2. Preliminary Plan Approval. Submittal of sufficient information 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 development review committee, design review board and city
commission. A planned unit development that will be developed in phases must submit either a preliminary plan for all phases or else submit a preliminary plan for the initial phase or phases and
submit development guidelines for all subsequent phases.
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3. Final Plan Approval. The final plan must be in compliance with the approved preliminary
plan and/or development guidelines except as provided for in subsection (C)(2)(a) of this section,
and shall be reviewed and approved by DRC and ADR staff.
B. Concept Plan Review.
1. A concept plan review is mandatory for all planned unit development proposals. 2. Review Procedures. This is an opportunity for applicants to discuss requirements, standards
and policies that apply to development proposals and to identify major problems, so that they can
be solved before a formal application is made. Concept plan review meetings will be held by the
development review committee and the design review board 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 and reviewed by the
development review committee and design review board. Thereafter, the planning director shall
furnish the applicant with written comments regarding such conference, including appropriate
recommendations to inform and assist the applicant prior to preparing the components of the
planned unit development application. If any subdivision of the tract(s) in question is proposed, a subdivision Pre-application plat application shall be submitted for review concurrently with the
PUD concept plan application, subject to the requirements and limitations of Title 16,
Subdivisions, of the Bozeman Municipal Code.
C. Preliminary Plan Review and Approval.
1. Application Process. Upon completion of concept plan review and receipt of the planning director's comments on the concept plan, an application for preliminary plan approval may be filed
with the planning director. If the development project is to be developed in phases and all phases
are not fully detailed in the preliminary plan, development guidelines shall be required for all
phases not fully detailed. If any subdivision of the tract(s) in question is proposed, a subdivision
preliminary plat application shall be submitted for review concurrently with the PUD preliminary plan application, subject to the requirements and limitations of Title 16, Subdivisions, of the
Bozeman Municipal Code.
2. Public Hearings and Meetings. Public hearings and/or public meetings before the city
commission for any preliminary plan application, and public notice of such hearings and meetings,
shall be provided in accordance with Section 18.53.020 of this title. 3. Review Criteria. In order to approve an application for a planned unit development the city
commission shall find that the application is in conformance with all applicable objectives and
criteria of Section 18.54.100 and the criteria in Section 18.53.030.
4. Recommendations. The DRC and DRB shall recommend the approval, conditional approval
or denial of the preliminary plan to the city commission and shall include in such recommendation the findings 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. Approval
of a preliminary plan shall not guarantee approval of the final plan; rather it shall be deemed an
expression of approval of the layout, densities and proposed impact mitigation measures submitted on the preliminary plan as a guide to the preparation of the final plan.
D. Final Plan Review and Approval.
1. Application Process. Upon approval or conditional approval of a preliminary plan by the
city commission, an application for a 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.
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b. The final plan does not increase the number of residential dwelling units by more than two
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 provided on the preliminary plan by more
than five percent.
d. The final plan does not contain changes that do not conform to the objectives and criteria of Section 18.54.100.
3. Final Plan Approval. The DRC and ADR staff may approve, disapprove or approve with
additional conditions, the proposed planned unit development if it conforms with the approved
preliminary plan in the manner described above. Prior to final plan approval, the DRC, ADR staff
or planning director may request a recommendation from the DRB or city commission regarding any part of a proposed final plan that does not specifically conform to the approved preliminary
plan.
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.
i. 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, or city commission.
ii. Minor changes shall not affect the location and placement of buildings, a change of uses, the
shape and arrangement of lots and blocks, the allocation of reserved open space, increases in
density and/or intensity of the project or, in general, the overall design or intent of the project; b. Major Changes.
i . 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.
ii. For planned unit developments, major changes shall be defined as follows: (A) A change in the character of the development,
(B) An increase of greater than one percent in the approved number of residential dwelling
units,
(C) An increase of greater than two percent in the improved gross leasable floor areas of retail,
service, office and/or industrial buildings, (D) A reduction by greater than two percent in the approved open space,
(E) A change in the location and placement of buildings,
(F) An increase in the problems of traffic circulation and public utilities,
(G) Any change in the development that would normally cause the project to be disqualified
under the applicable criteria of Section 18.54.100.
18.54.060 Plan submittal requirements. For each stage of the review process, the information and data described below shall be
submitted unless the planning director determines that the information is unnecessary for the
proper evaluation of the development based on the findings of the concept plan review. Only after the planning director or his designee has determined that all required information has been
submitted will the application be processed.
A. Submittal Requirements for Concept Plans. The following information and data shall be
submitted for concept plan review:
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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; 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:
1. Document Requirements. The following information shall be presented in an eight and one-half inch by eleven 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. Legal description of the site,
d. A copy of the list of the names and addresses of all owners of record of real property within
two hundred feet of the property lines of the parcel of land for which the planned unit development
is proposed, exclusive of public rights-of-way. The original list shall be included in the document.
A listing of the names and addresses typed on stamped, plain white envelopes shall be submitted separately,
e. A statement of planning objectives, including:
i. Statement of applicable city land use policies and objectives achieved by the proposed plan
and how it furthers the implementation of the Bozeman master plan,
ii. Statement of: (A) Proposed ownership of public and private open space areas; and
(B) Applicant's intentions with regard to future ownership of all or portions of the planned unit
development,
iii. Estimate of number of employees for business, commercial and industrial uses,
iv. Description of rationale behind the assumptions and choices made by the applicant, v. The applicant shall submit as evidence of successful completion of the applicable
community design objectives and criteria of Section 18.54.100, documentation pursuant to these
regulations for each proposed use. 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,
vi. Detailed description of how conflicts between land uses are being avoided or mitigated,
vii. Statement of design methods to reduce energy consumption, (e.g., home/business utilities,
transportation fuel, waste recycling), f. 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,
g. Reduced versions of all preliminary plan and supplemental plan maps and graphic illustrations at eight and one-half by eleven inches or eleven by seventeen inches size;
2. Site Plan Requirements. A site plan of the proposed development drawn at a scale of one
inch equals one hundred feet, sixty feet, fifty feet or forty feet and composed of one or more sheets
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with an outer dimension of twenty-four by thirty-six inches, showing the information required for
site plans in Section 18.52.030D plus the following additional information:
a. Percentage and square footage of public street right-of-way,
b. Percentage and square footage of active recreational use area,
c. Boundary and square footage of each area designated as active recreational use, d. Location and acreage of common open areas and all public and semi-public land uses,
including public parks, recreation areas, school sites, and similar uses,
e. Location of existing and proposed pedestrian circulation system, including its
interrelationships with the vehicular circulation system, indicating the proposed treatment of
points of conflict. 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,
f. The existing and proposed circulation system of arterial, collector and local streets,
including: (i) off-street parking areas; (ii) service areas; (iii) loading zones; and iv) major points of
access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate,
g. The proposed treatment of the perimeter of the planned unit development, including
materials and techniques used, such as screening, fences, walls and other landscaping,
h. Adjacent Site Information. Area shown on the site plan shall extend beyond the property
lines of the proposal to include a survey of the area and uses within two hundred feet of the proposal, exclusive of public right-of-way at the same scale as the proposal and including the
following:
i. Land uses and location of principal structures,
ii. Densities of residential uses,
iii. Existing trees and major features of landscape, iv. Topographic contours at two-foot intervals, unless otherwise permitted by the planning
director,
v. Traffic circulation system,
i. Supplemental Vicinity Map. Vicinity map of the area surrounding the site within a distance
of at least one mile showing: i. Zoning districts,
ii. Location of existing municipal boundary lines,
iii. Traffic circulation system,
iv. Major public facilities including schools, parks, trails, etc.,
j. Certificates for the following information: i . Attorney's or owner's certification of ownership,
ii. Planning director certification of approval of the site plan, including a statement regarding
any element of the project that varies from the community design objectives and criteria of Section
18.54.100,
iii. Owner certification of acceptance of conditions and restrictions as set forth on the site plan; 3. Supplemental Plan Requirements.
a. Viewsheds.
i. 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,
ii. Describe and map areas of high visibility on the site as seen from adjacent off-site locations, b. Recreation and Trails. Describe and map all existing and proposed trails, parks and
recreation areas within one mile of the site. State the size (in acres) and functions of the parks and
recreation areas identified,
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c. Historic Resource. Describe and map any historic structures or historic districts on the site or
within four hundred feet,
d. Street Cross Sections if Different From City Standards. Street cross-section schematics shall
be submitted for each general category of street, including:
i. The proposed width, ii. Treatment of curbs and gutters,
iii. Sidewalk systems, and
iv. Bikeway systems, where alternatives to the design criteria and standards of the city are
proposed,
e. Physiographic data, including the following: 1. A description of soils existing on the site, accompanied by analysis as to the suitability of
such soils for the intended construction and proposed landscaping,
ii. 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,
iii. Locate and identify the ownership of existing wells or well sites within four hundred feet of the site,
f. Drainage Plan. In addition to all drainage and hydrologic information required in Section
18.52.030.D, a detailed preliminary drainage report, calculations and/or plan shall be submitted,
including:
i. 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,
ii. All plans shall indicate the proposed outlet for the storm drainage from the property,
including:
(A) The name of the drainageway (where appropriate),
(B) The downstream conditions (developed, available drainageways, etc.), and (C) Any downstream restrictions,
g. Temporary Facilities Plan. A plan of the site showing the location of all temporary model
homes, sales offices and/or construction facilities, including temporary signs and parking
facilities,
h. Preliminary Subdivision Plat. If the project involves or requires platting, a preliminary subdivision plat, subject to the requirements of the city's subdivision ordinance, shall be submitted,
i. Traffic Impact Analysis. At the discretion of the public service director 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 public service director may require the traffic impact analysis to include the following:
i. Land Use and Trip Generation. A table of each type of land use, the number of units or square
footage, as appropriate, the trip rates used (daily and peak hour) and resulting trip generation,
ii. Traffic graphics showing:
(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),
iii. AM and PM Capacity Analysis. An AM and PM peak hour capacity analysis shall be provided for: (A) all major drive accesses that intersect collector or arterial streets; and (B) all
arterial-arterial, collector-collector, and arterial-collector intersections within one mile of the site,
or as directed by the director of public service,
iv. Report format shall be as follows:
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(A) Trip generation, using Institute of Transportation Engineers Trip Generation Manual,
(B) Trip distribution,
(C) Traffic assignment,
(D) Capacity analysis,
(E) Evaluation, (F) Recommended access plan, including access points, modifications and any mitigation
techniques,
v. Additional Analysis Criteria.
(A) Appropriate clearance intervals shall be provided for each exclusive movement. Pedestrian
movements must be provided for each cycle and pedestrian overpasses shall not be at intersections. Maximum pedestrian walking speeds shall be four feet per second with a minimum "WALK" time
of seven seconds. Intersection pavement widths shall not exceed that required to provide three
through lanes in each direction, dual left-turn lanes and right-turn lanes,
(B) Traffic progression will be of paramount importance. Consequently, all potential
intersections with signals will be placed on quarter-mile points unless otherwise approved by the director of public service,
(C) Intersection level of service "C" shall be the design objective and under no conditions will
less than level of service "D" be accepted for site operations. Arterial intersections and turning
operations shall operate at level of service "C." If level of service "E" is the result of the study, then
alternatives of providing level of service "D" shall be analyzed and included as part of the study. Generally, the design year will be approximately fifteen years following construction,
vi. Summary analysis explaining:
(A) The proposed access points for the project, their location, and the rationale for their
placement in terms of circulation,
(B) Future off-site road improvements for access, which roads they will be, the projected time frame for their completion and who is responsible for their completion,
(C) ADT and level of service changes to all streets,
(D) How traffic impacts to existing streets will be minimized by the planned unit development,
(E) Describe bicycle and pedestrian pathways within the development, if used,
j. Additional Studies and Plans. The city commission may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed planned
unit development; particularly if the development's compliance with the community design
objectives and criteria is under question;
4. Reproducible Copy Requirements. In addition to the above document, the applicant shall
submit the following for review purposes: a. One full-size rolled (not folded) mylar of all plans and renderings,
b. One eight and one-half by eleven inch clear film reduction of all plans and renderings for
reproduction and overhead projector use.
C. Submittal Requirements for Final Plans.
1. 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 twenty-four by thirty-six 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:
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i. Land use data (same Information as required on the preliminary site plan);
ii. Lot lines, easements, public rights-of-way as per subdivision plat;
iii. Attorney's or owner's certification of ownership;
iv. Planning director certification of approval of the site plan and its conformance with the
preliminary plan; v. Owner's certification of acceptance of conditions and restrictions as set forth on the site plan.
4. Supplemental Plans.
a. Final Landscape Plan. A final landscape plan consistent with the conditions and restrictions
of the approved preliminary plan shall be submitted. It shall also be consistent with the city
Landscape Ordinance, Section 18.50.100, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the Landscape Ordinance.
b. Final Subdivision Plat. An official final subdivision plat of the site must accompany the final
planned unit development plan. This plat must conform to the subdivision requirements of the city,
except as waived by the approved preliminary plan for the planned unit development. The
subdivision shall contain proper dedications for public streets, utility easements, and all other public rights required by the preliminary plan. Approval by the city of the final subdivision plat
shall be required before filing of the subdivision plat or issuance of building permits.
c. Final Utility Plans. Prior to submission of the final plan to the DRC and ADR staff, final
detailed engineering plans for sewer, water, electrical, street improvements and other public
improvements, and an executed agreement in proper form providing for the installation of such improvements, must be submitted to and approved by the city.
d. Open Space Maintenance Plan.
i. Maintenance of Community Open Spaces. The developer shall submit a legal instrument
setting forth a plan providing for the permanent care and maintenance of open spaces, recreational
areas, communally owned facilities, and parking lots. 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 open space is deeded to a homeowner's association, the applicant shall file the proposed
documents governing the association. Such documents shall meet the following requirements:
(A) The homeowners' association must be established before any residences are sold;
(B) Membership in the association must be mandatory for each residence owner; (C) Open space restrictions must be permanent and not for a period of years;
(D) The homeowners' association must be made responsible for liability insurance, taxes and
maintenance of recreational and other facilities;
(E) 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;
(F) The governing board of any such association shall consist of at least five members who
shall be owners of property in the planned unit development.
ii. Open Space Maintenance Guarantee.
(A) In the event the organization or any successor organization established to own and maintain common open spaces, recreational areas, communally owned facilities and private
streets, shall at any time fail to maintain the common 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 setting forth the manner
in which the common facilities have failed to be maintained in reasonable condition, which 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
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original notice or modifications are not cured within the time set, the city commission in order to
preserve the taxable values of properties within the development and to prevent the common
facilities from becoming a public nuisance, may enter upon such common facilities and maintain
the same for a period of one year. Such entry and maintenance shall not vest in the public any right
to use the common facilities not dedicated to public use. Before expiration of such year, 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 planned unit development.
At such 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.
(B) The cost of maintenance by the city shall be a lien against the common facilities of the planned unit 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.
iii. Guarantee for Open Space Preservation. Open space shown on the approved final plan shall
not be used for the construction of any structures not shown on the final plan.
5. Reproducible Copy Requirements. In addition to the requirements for site plan and supplemental plan submittal the following shall be submitted for copying and permanent records:
a. Signed reproducible, full-size mylars for all site and landscape plans, architectural
elevations, subdivision plats, utility plans, and any other plans required by the city commission;
b. One eight and one-half by eleven inch clear film reduction of all plans and renderings.
18.54.070 Duration of planned unit development approval. A. Duration Of Preliminary Plan Approval.
1. Within a maximum of three years following the approval of a preliminary plan for multiuse
and/or multiphase PUDs and within a maximum of six months following the approval of a
preliminary plan for single-use PUDs which are not phased, the applicant shall file with the planning department a final plan(s) in detailed form covering all or part 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 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.
B. Duration of Final Plan Approval.
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1. The applicant must undertake and complete the development of an approved final plan
within two years from the time of final 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 thirty 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.
18.54.080 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 concept plan review as
outlined in this chapter. After concept plan review is completed, phased PUDs may be proposed in
accordance with one of three 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.
3. Application for Approval of a Phased PUD Based Only Master Plan and Development Guidelines. Applications for approval of a phased PUD without detailed plans for any phase shall
not generally be accepted. However, under unique circumstances and for good cause shown, the
planning director may determine that an application for approval of a master plan and development
guidelines for a phased PUD may be submitted without a preliminary plan for any phase. When
such a determination has been made, application for approval of a master plan and development guidelines may be made in accordance with phased PUD approval procedures as set forth below.
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
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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 PUDs shall be the same as that for PUDs as set
forth in Sections 18.54.050(B)(2) and 18.54.050 (C)(2) of this code. 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 finding 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 or 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 18.58 of this code.
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 Section
18.54.060; 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 findings of the concept plan 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 eight and
one-half by eleven inch vertical format, bound to open flat for review. All graphic representations
shall be in eight and one-half by eleven inch or eleven by seventeen inch format. Development guidelines for phased PUDs shall contain the information as is required by the findings of the
concept plan 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; 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, owners' association provisions,
provisions for maintenance, etc.;
i. Parking: guidelines for design, provision for shared facilities, circulation between lots, and
coordination with sidewalk system, service areas;
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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, and other
site and building amenities of the entire development. 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.
18.54.090 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 18.70 of this code:
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 this Planned Unit Development Ordinance, Chapter 18.54 of this title.
18.54.100 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 and DRB, to be in compliance with this section of the Planned Unit Development Ordinance of the city.
B. Land Use Classifications.
1. The design objectives and criteria with which a planned unit development proposal must
comply are dependent upon the designated land use classification of the site proposed for the
planned unit development. 2. Subsection E of this section contains four groups of objectives and criteria against which
planned unit developments are reviewed. 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.
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C. Evaluation Process. The acceptability and performance of a planned unit development
proposal shall be evaluated as follows: Each of the 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 variance 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 Criteria Evaluation Forms.
1. The city will determine compatibility of a project based upon the evidence presented during
evaluation of the community design objectives and criteria of this subsection. 2. The following forms will be used in evaluating all planned unit development applications:
1 ALL DEVELOPMENT Application:
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.
Required Criteria: Yes No NA
Neighborhood Compatibility 1. Is the development compatible with, and sensitive to, the immediate environment of the
site and the adjacent neighborhoods relative to architectural design, building bulk and height,
neighborhood identity, landscaping, historical character, orientation of buildings on the site and
visual integration? 2. Is the project designed so that additional traffic generation beyond what may be approved for permitted uses does not have a significant adverse impact on adjacent and surrounding
development?
3. Have the guidelines outlined in Chapter 18.51, Development Review Committee, been
followed concerning identification and discussion of impacts related to the proposed development? 4. Is the development in accordance with the adopted elements of the Bozeman master plan
and its accompanying goals, objectives and policies?
Public Facilities, Services and Transportation
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5. 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 Streets
6. Will the sewage generated by the development not exceed the sanitary sewer system's line
and treatment capacity?
7. Will an adequate water supply exist to serve the development?
8. Will an adequate electrical power supply exist to serve the development? 9. Will the city transportation plan be capable of handling the development's traffic generation?
10. Does the development provide adequate access for emergency service?
11. Are all vehicular use areas and exterior building areas provided with adequate security
lighting?
Natural Resources 12. Have precautions been taken to minimize hazards to life or property due to irrigation
canals, stream channels or other water bodies?
13. Have known areas of natural or geological hazard (e.g., unstable or potentially unstable
slopes, faulting, landslides, rockfalls, flood, and wildfire, etc.) or soil conditions unfavorable to urban development had special engineering precautions taken to overcome natural constraints or have these areas been set aside from development?
14. Does the project preserve or replace existing natural vegetation?
15. Have special precautions been taken to preserve existing wildlife habitats, natural wildlife
food services, or existing places, or are these areas being preserved? 16. If the proposed project is located within a locally designated historical district or includes a
locally designated landmark structure, is the project in conformance with the city's Historic
Preservation Ordinance?
17. If the development is proposed on existing agricultural land or open space, does it meet
master plan objectives for clustering development? Environmental Standards 18. Will the project conform to applicable local, state and federal air quality standards,
including, but not limited to: odor; dust, fumes or gases which are noxious, toxic or corrosive;
suspended, solid or liquid particles; or any air contaminant which may obscure an observer's vision
or impair breathing? 19. Will the project conform to applicable local, state and federal water quality standards,
including, but not limited to: erosion and sedimentation; runoff control; discharge of solid wastes,
and discharge of hazardous substances?
20. Can the proposed land uses and activities be conducted so that noise generated shall not
exceed the minimum performance levels as specified in the city's Noise Control Ordinance Chapter 18.50 of the zoning code? Detailed plans for the elimination of objectionable noises are
required before the issuance of a building permit.
21. If the proposed activity produces glare or heat. whether direct or reflected, is the operation
conducted within an enclosed building or with other effective screening in such a manner as to
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make such glare or heat completely imperceptible from any point along the property line? Detailed
plans for the elimination of glare or heat are required before issuance of a building permit.
22. Will the project cause an inherent or recurring generated vibration perceptible without
instruments at any point along the property fine? Temporary construction may be excluded from
this criterion. 23. Is the exterior lighting, except for warning, emergency or traffic signals, installed in such a
manner that the light source is obscured to prevent excessive glare on public streets and walkways
or into any residential area? The installation or erection of any lighting which may be confused
with warning signals, emergency signals or traffic signals shall not be permitted.
24. Will all sewage and industrial wastes be treated and disposed of in such a manner as to comply with applicable local, state and federal standards? Detailed plans for waste disposal are
required before issuance of a building permit.
Site Design
25. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping,
etc.) arranged on the site so that activities are integrated with the organizational scheme of the community and neighborhood?
26. 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?
27. Is the 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
28. 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?
29. 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?
30. Does the design and arrangement of buildings and open space areas contribute to the
overall aesthetic quality of the site configuration, and is at least thirty percent of the project, exclusive of yard setbacks and parking lot interior landscape developed as open space?
31. Does the street and parking system provide for the smooth, safe and convenient movement
of vehicles both on and off the site?
32. Does the development satisfy the parking capacity requirements of the city and provide
adequate space suited to the loading and unloading of persons, materials and goods? 33. Is the active recreational area suitably located and accessible to the residential units it is
intended to serve and is adequate screening provided to ensure privacy and quiet for neighboring
residential uses?
34. Is the pedestrian circulation system designed to assure that pedestrians can move safely and
easily both within the site and between properties and activities within the neighborhood area? 35. 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?
36. Does the pedestrian circulation system incorporate design features to enhance
convenience, safety and amenity across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting?
37. Does the pedestrian and bicycle trail system adequately connect to the systems in adjacent
developments?
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38. Does the landscape plan enhance the appearance of vehicular use, open space and
pedestrian areas which contribute to their usage and visual appearance?
39. Does the landscaping plan enhance the building(s)?
40. Does the landscape plan screen utility boxes, parking areas, loading areas, trash containers,
outside storage areas, blank walls or fences and other areas of low visual interest from roadways, pedestrian areas and public view?
41. If the development is adjacent to an existing or approved public park or public open space
area, have provisions been made in the site plan to avoid interfering with public access to that area?
42. Will all signs in the project be in compliance with the provisions of the Bozeman sign
code?
2 RESIDENTIAL Application:
Planned unit developments in residential areas (A-S, R-S, R-1, R-2, R-2-A, R-3, R-3-A, R-4, and
R-O zoning districts) may include a variety of housing types designed to enhance the natural
environmental, conserve energy, recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods, with provisions for a mix of limited commercial
development. For purposes of this section, "limited commercial development" means professional
offices and other permitted use listed in the B-1 neighborhood service district (Chapter 18.28),
within the parameters set forth below. All uses within the PUD must be sited and designed such
that the activities present will not detrimentally affect the adjacent residential neighborhood.
Required Criteria:
Each of the following applicable criteria must be answered "yes" and implemented within the development plan.
1. On a gross acreage basis, is the average residential density in the project (calculated for
residential portion of the site only), consistent with the development densities set forth in the land
use guidelines of the Bozeman master plan? 2. Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have
adequate light, sun, ventilation, privacy and convenient access to the household or commercial
units they are intended to serve?
3. Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? 4. If the project is proposing a residential density bonus as described below, does it include a
variety of housing types and styles designed to address community wide issues of affordability and
diversity of housing stock?
5. If the PUD is located within, or adjacent to, the city, is the project within two thousand feet of an existing or approved neighborhood service center, public school, day care center, major employment center, or public neighborhood or community park?
6. Is the overall project designed to enhance the natural environment, conserve energy and to
provide efficient public services and facilities?
7. Is the project within six hundred fifty feet of an existing collector or arterial street? 8. If the project is proposing a residential density bonus (thirty percent maximum) above that which is set forth below, does the proposed project exceed the established regulatory design
standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with
adjacent neighborhood development?
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ALLOWABLE RESIDENTIAL DENSITIES, WITHOUT BONUSES
Zone Density A-S One dwelling per twenty acres, or maximum allowed in accordance
with the "sliding scale" established in Chapter 18.10
R-S One dwelling unit per acre
R-1 Three units per acre
R-2 Six units per acre R-2-A Five units per acre
R-3 Twelve units per acre
R-3-A Ten units per acre
R-4/R-O Fifteen units per acre
9. If limited commercial development as defined above is proposed within the project, is less
than twenty percent of the gross area of the PUD designated to be used for offices or neighborhood
service activities nor ordinarily allowed in the particular residential zoning district?
10. If neighborhood service activities are proposed within the project, is a market analysis
provided demonstrating that less than fifty percent of the market required to support proposed neighborhood service activities is located outside the immediate area of the PUD and are the
neighborhood services of a nature that does not require drive-in facilities or justification for
through traffic?
11. If the project contains limited commercial development as defined above, is the project
located at the intersection of arterial streets, or arterial and collector streets? 12. If the project contains limited commercial development as defined above, has the project
been sited and designed such that the activities present will not detrimentally affect the adjacent
residential neighborhood and have the commercial activities been developed at a scale compatible
with residential development?
13. Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area?
3 COMMERCIAL PUD Application:
Planned unit developments in commercial areas (B-1, B-2, B-3 and B-P zoning districts) may
include either commercial or multi-family development, however, adequate but controlled access to arterial streets is essential. Activities would include a broad range of retail and service
establishments designed to serve consumer demands of the city and Bozeman area.
Each of the following applicable criteria must be answered "yes" and implemented within the development plan.
1. Are all repair, painting and body work activities, including storage of refuse and vehicular
parts, planned to take place within an enclosed structure or completely screened from off-site view? 2. Have all the necessary precautions been taken to prevent all lubrication, hazardous
materials and fuel oil substance, which are stored on the site, from leaking or draining into the
groundwater system, streams, creeks, or other water bodies?
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3. If the project contains any use intended to provide adult amusement or entertainment, does
it meet the following requirements:
Is the use established, operated or maintained no less than five hundred feet from a residential
neighborhood, church and/or a school meeting all the requirements of the compulsory education
laws of the state of Montana? Is the use established, operated or maintained on less than five hundred feet from another
similar use?
4. Is the project contiguous to an arterial street, and has adequate but controlled access been
provided?
5. Is the project on at least two acres of land? 6. 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.?
7. If the project is a single-use PUD development, is it compatible with existing land use patterns? Is it compatible with and does it reflect the unique character of the surrounding area?
8. 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?
9. Does the project encourage infill, with at least one-quarter of its property boundary
contiguous to existing development, or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman master plan?
10. If the project includes residential development, or is adjacent to existing or future
residential development, have exceptional or unique design methods been incorporated to mitigate
the impacts of conflicting land uses (e.g., landscape and architectural design, extensive open
space, recreation center(s), maximum traffic efficiency, screening of parking areas? 11. 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?
4 INDUSTRIAL PUD Application: Planned unit industrial developments in industrial areas (M-1 and M-2 zoning districts) may
include employment, wholesaling, manufacturing and utility centers for the community; the
particular types of uses will be determined based upon its potential impact upon adjacent land uses
and the intensity of development.
Each of the following applicable criteria must be answered "Yes" and implemented within the
development plan.
1. Have all the necessary precautions been taken to prevent all lubricants, hazardous materials and fuel oil substances, which are stored on the site, from leaking or draining into the groundwater
system, streams, creeks, or other water bodies?
2. Are all repair, painting and body work activities, including the storage of refuse and
vehicular parts planned to take place within an enclosed structure or completely screened from off-site view? 3. Is the project located adjacent to an arterial or collector street that provides adequate access
to the site?
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4. 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?
5. Does the project utilize a landscaping theme that will tie adjacent uses or projects together?
6. Is the project being developed on land substantially surrounded by developed property with existing services and utilities already available?
7. Does the project provide for outdoor recreational areas (e.g., additional landscaped areas,
open space, trails, picnic areas) for the use and enjoyment of those working in or visiting the
development?
18.54.110 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 as a sub-area plan to
the Bozeman Master Plan.
B. Application. Planned unit development provisions shall apply to all non-residential
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 official City of Bozeman Zoning Map as follows:
1. North 19th Avenue. (Class I and Class II Corridor) All non-residential development within
the North 19th Avenue entryway corridor between Durston Road and the North 19th
Avenue-Interstate 90 Interchange, measured six hundred sixty (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 three hundred thirty (330) feet from the centerline of North 19th Avenue.
2. West Oak Street. (Class I and Class II Corridor) All non-residential 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 six hundred and sixty (660)
feet from the centerline of West Oak Street;
b. Between North 19th Avenue and the east boundary of Rose Park, measured three hundred
thirty (330) feet from the centerline of West Oak Street. C. PUD Review Procedures. Approval of a development proposal located in the North 19th
Avenue or West Oak Street entryway corridor shall be subject to the planned unit development
review procedures and shall consist of the three procedural steps as required by Section
18.54.050.A, Concept Plan Review, Preliminary Plan Review and Final Plan Review.
1. Coordinated Review. In order to expedite and streamline the review procedures for development proposals in the North 19th Avenue and West Oak Street entryway corridor overlay
districts the planned unit development review procedures may, at the developer's discretion, be
submitted to the Planning Office simultaneously with the appropriate application procedures for
subdivision review. However, the preliminary subdivision plat review procedures may not be
processed without the developer first submitting, or simultaneously submitting, an application for planned unit development preliminary plan review.
D. PUD Plan Submittal Requirements. Applications for PUD review for each stage of the
review process shall be submitted to the Planning Office and shall include the information and data
described in 18.54.060 of this Chapter.
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1. Development Master Plan. In addition to the information and data required for preliminary
plan review, the applicant shall submit along with the application for preliminary plan review a
development master plan of said property to consist of the following:
a. Existing and proposed conditions for the entire PUD as required by subsection B of Section
18.54.060; b. Proposed conditions pertaining to such elements as building location, open spaces,
vehicular circulation, pedestrian and bicycle circulation, boundary of development phases, stream
corridors, environmentally sensitive lands, and proposed land uses in as much detail as is required
by the findings of the concept plan review as outlined in this chapter;
c. Proposed conditions as it relates to adjacent properties or of common ownership not located in the prescribed entryway corridor of this section; and
d. A legal instrument containing the creation of a property owner's association setting forth a
plan containing, but not limited to; declaration of establishment, governing body, permanent care
and maintenance of open spaces, recreational areas, pathways and trailways, commonly owned
facilities, landscape maintenance and upkeep, private streets, power to levy assessments and developmental guidelines.
E. Developmental Guidelines Submittal Requirements. Applications for PUD review in
accord with this section shall submit developmental guidelines to the Planning Office as part of the
preliminary plan application as required by Section 18.54.080.D.2 of this Chapter, and shall in
addition include the following: 1. Architectural Guidelines: building orientation, off-street parking lot orientation, sign
guidelines, lighting, dimensional guidelines, mechanical equipment screening;
2. Landscape Guidelines: entryway corridor landscape guidelines, streetscape, off-street
parking lot screening, outdoor storage/display areas, perimeter buffering from other land uses,
arterial noise buffering, development entrance, protective covenants; 3. Pedestrian Circulation: between off-street parking lots, between adjacent lots, coordinated
sidewalk system, bicycle circulation, trails/pathways.
F. Open Space Provisions. Sufficient open space along the entryway corridors is necessary to
provide the urban streetscape and park-like setting envisioned by the community that is essential to
the basic quality of life in Bozeman, and to create attractive entryways into the City: 1. General Standard. Development in the North 19th Avenue and West Oak Street entryway
corridors shall generally provide at least thirty (30%) percent of the project as developed open
space, exclusive of required off-street parking lot interior landscape. Public streets located in
dedicated public rights-of-way shall be excluded from the gross area of land in calculating open
space requirements. However, private streets, driveways, off-street parking lots and other private areas shall apply in determining the total gross area. Open space in the yard setbacks for each zone
may contribute to the thirty (30) percent open space provision.
Property located outside, but adjacent to the entryway corridor overlay, which provide linked
common open space areas, and contributes to the intent and purpose of this section may be applied
towards the open space provisions based on the merits of the proposal and its ability to accomplish the goals and objectives of the North 19th Avenue/West Oak Street Corridor Master Plan.
2. Reduction in Open Space. Reduction in the thirty (30%) percent open space provision to not
less than twenty-five (25%) percent of the development may be granted by the City Commission
after considering the recommendation forwarded by the DRC and DRB. The planning staff shall
solicit comments and recommendations from the Design Review Board, Bozeman Tree Advisory Board, Bozeman Recreation Advisory Board and other appropriate sources of professional
expertise, which will also be forwarded to the City Commission. The criteria for granting a
reduction in open space shall be based on the proposal's ability to achieve the goals and objectives
of the North 19th Avenue/West Oak Street Corridor Master Plan based on superior design and
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planning techniques exceeding the regulatory standards set forth in this section. The criteria for
granting reduction in the open space provision may include, but are not limited to:
a. Exceptional architectural and landscape developmental guidelines;
b. Designation (i.e. public dedication or easement) for use by the general public of pedestrian
pathways and/or trailways within the development which are located along entryway corridors, stream corridors or within the interior of the development, exclusive of sidewalks located in the
public right-of-way;
c. Public plazas, courtyards, promenades or other usable public areas;
d. Front yard setbacks along entryway arterial streets that exceed the minimum fifty (50) foot
setback; e. Additional landscaping installed within the entryway corridors beyond what is required by
this section;
f. Larger landscaping installed within the fifty (50) foot wide setback along entryway
corridors;
g. Landscaped areas exceeding minimum yard setbacks situated at main entrances into the development;
h. Installation and maintenance of streetscape furniture along greenway corridors;
i. Additional setback and buffering between building sites and areas designated as
environmentally sensitive lands;
j. Changes in texture and use of materials at intersections of pedestrian and vehicular circulation;
k. Exchange of land within the development for additional land transferred to Rose Park; and
l. Preservation of viewsheds (i.e. one-story buildings along entryway corridor or limited
building height).
3. Common Open Space. At least fifty (50%) percent of the required open space, but no less than fifteen (15%) percent of the entire development, shall be in common ownership of the
property owner's association or in the form of common open space easements granted to the
property owner's association. Landscaping shall be required for all areas of the development which
are to be in common ownership or designated as "common open space easements" located on
individual lots or parcels of land, and in particular shall incorporate the required landscape for implementation of the greenway corridors.
G. Greenway Corridor Landscape Standards. Development of greenways along the entryway
corridors have been established in order to demonstrate the importance of urban open space and to
visually enhance aesthetically pleasing, high-quality development along the arterial corridors of
North 19th Avenue and West Oak Street. 1. General Standards. The following landscape guidelines have been designed to develop a
formal streetscape in concert with a park-like setting along the greenway corridors as an integral
element in developing attractive entryways into the city.
a. Formal Streetscape. Street frontage landscape located in the street right-of-way boulevard
will be characterized by a formal arrangement of large canopy boulevard trees as follows:
(1) One large canopy boulevard tree, a minimum of eight (8) feet in height or 12" caliper and planted at regular intervals of fifty (50) feet on center.
(i) Acceptable large canopy boulevard trees include the following species: Ash, Patmore Green
(Fraxinus pennsylvanica); Honeylocust, Seedless (Gleditsia triacanthos); Ash, Black (Fraxinus
nigra); and Maple, Norway (Acer Platanoides).
b. Greenway Park. Greenway corridors located in the 50-foot setback will be characterized by informal vegetative planting of trees, shrubs, berms and groundcover for every one hundred (100)
feet of frontage along the entryway corridors as listed below. Acceptable tree species for greenway
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corridors shall consist of the landscape types listed in the Tree Selection Guide prepared by the
Bozeman Tree Advisory Board, and made available in the Bozeman Planning Office.
(1) A total of four (4) evergreen and deciduous trees at random or in cluster arrangements, with
no more than fifty (50%) percent being deciduous, a minimum of 8-10 feet in height, or 12"
caliper;
(2) A total of two (2) small ornamental trees at random locations, a minimum of 8 feet in height, or 1 to 12" caliper; (3) A total of six (6) deciduous and/or coniferous large shrubs, of which three (3) shall be
flowering shrubs, at random locations and a minimum of 82 feet in height at maturity, 2-3 feet
installation size;
(4) As an alternative to item 3 above, earth berms, an average of 32 feet in height, planted with
shrubs or living ground cover so that the ground will be covered within three years; and (5) All other areas not landscaped with trees, shrubs or ground cover shall be planted with a drought resistant "native grass" mix consisting of: 172% sheep Fescue; 172% Revenue Slender
Wheatgrass; 35% Secar Bluebunch Wheatgrass and 30% Critana Thickspike Wheatgrass.
Alternatives to this mix may be considered where it can be demonstrated that the same objectives
are achieved with an alternative drought resistant grass seed mix.
(6) Areas designated for detention and/or retention ponds for stormwater runoff from development on building sites shall not be permitted in the 50-foot greenway corridor(s), unless all
of the following standards have been satisfied:
(i) Not more than one-third (1/3) of the greenway corridor setback along the frontage of each
individual lot is used for the purposes of retention/detention ponds;
(ii) Location of retention/detention ponds do not conflict with, or are justification to alter, design guidelines and location of greenway corridor landscape, pathways, streetscape furniture or
lighting fixtures;
(iii) Retention/detention ponds demonstrate superior design and treatment of storm water
runoff, as well as excellence in integration with greenway corridor landscape, and do not exceed a
maximum slope of 1:3; and (iv) Groundcover for retention/ detention ponds shall consist of "native grass" seed mix as
specified above in item 5, similar turf grass, or a groundcover certified by a licensed
nurseryperson. Not more than thirty (30%) percent of the area shall consist of non-organic
groundcover if used as a decorative landscape feature.
c. Clustering landscape. Major entryway locations into development along North 19th Avenue and West Oak Street shall contain the following clustered landscaping treatment:
(1) For every 100 feet of corridor frontage (or portion thereof), a minimum of ten (10) large
and small trees, two (2) small ornamental trees, six (6) large shrubs, six (6) large flowering shrubs,
twenty (20) small shrubs and twenty (20) small flowering shrubs. 2. Landscape Maintenance and Irrigation. a. Installation. Installation of on-site landscape improvements, to include greenway
corridor(s), shall be the responsibility of the land owner of each individual lot at the time of
development of said property. Development of areas designated as common open space for the
development shall be the responsibility of the P.U.D. developer at the time of subdivision and planned unit development review and approval; b. Maintenance. Maintenance of boulevard streetscape, greenway corridors and common open
space areas shall be the responsibility of the property owner's association and shall comply with
the provisions set forth in Section 18.54.060.C.4.d. of this zone code, whereby all required
landscape must be maintained in a healthy growing condition at all times, and that any plant that dies must be replaced with another living plant that complies with the approved landscape plan. Maintenance shall consist of mowing, removal of litter and dead plant materials, necessary
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pruning and irrigation. Where pedestrian or bicycle pathways are located within the greenway
corridor, these trails shall be maintained to provide for their safe use, including pruning of plants to
remove obstructions, and removal of dead plant materials, litter, or other hazards;
c. Landscape Irrigation. Landscape irrigation shall be supplied by the owner of each building
site by a shallow well pump, municipal water system or other acceptable irrigation system. Irrigation shall be piped to each individual planting area by an automatic sprinkler system or other
acceptable irrigation system designed to irrigate all landscape features and areas, and shall include
a "bubble" irrigation system for all trees and large shrubs. Alternatives to an automatic sprinkler
system shall be designed and certified by a licensed landscape irrigation professional.
H. Pedestrian and Bicycle Trailways. Pedestrian and bicycle trails designated in the North 19th Avenue/West Oak Street Corridor Master Plan shall be implemented during planned unit
development and subdivision review of development proposals located in the sub-area plan of this
section. Prior to receiving final subdivision and planned unit development approval, the developer
must either install the full trail improvements or provide payment into a North 19th Avenue/West
Oak Street Corridor Trails Trust Fund. Should the community choose to construct trailways for use by the general public prior to development of said property, the land owner may execute the
necessary pedestrian and bicycle trailway easement for installation and maintenance of said
trail(s). Pedestrian and bicycle trailways shall be designed and installed in conformance with the
following:
1. Greenway Corridor. A curvilinear asphaltic surface, a minimum width of eight (8) feet
wide, installed on a compacted, six (6) inch deep, :-inch gravel road mix, on sterilized ground with weed preventive fabric;
2. Stream Corridors. A gravel surface, a minimum width of six (6) feet wide, consisting of
compacted, six (6) inch deep, :-inch gravel road mix, over a treated area with a weed preventive
fabric, or an alternative trail standard subject to review and approval by the Recreation and Parks
Advisory Board. I. Orientation of Structures. Commercial lots located in the North 19th Avenue and West Oak Street entryway corridors shall be designed in a manner to eliminate negative visual impacts
resulting from the orientation of accessory activities and functions common to the rear of
structures (loading and unloading areas, ground mounted mechanical equipment, storage refuse
areas or outside storage areas). The rear of structures, or the activities and functions common to the rear of the structure, shall not be orientated towards the arterial streets, pedestrian or bicycle trails or common open space without proper architectural design, screening or landscape buffering.
J. Orientation of Off-Street Parking Areas. Commercial lots located in the North 19th Avenue
and West Oak Street entryway corridors shall be designed in a manner that diminishes the visual
impact of expansive off-street parking areas separating buildings from the street, by including parking areas that are beside and behind, not just in front of buildings. This would encourage the placement of buildings closer to streets and expanses of parking to be broken up.
K. Planned Unit Development Design Objectives and Criteria. Approval of a development
proposal must first be found, by the City Commission to be in compliance with criteria set forth in
Section 18.54.100 of the Bozeman Municipal Code, exclusive of criteria number thirty (30) - open space areas in the all development criteria matrix. Chapter 18.55
ZONING TEXT AND MAP AMENDMENTS
Sections:
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18.55.010 Initiation of amendments and changes.
18.55.020 Amendments and rezonings Investigation requirements.
18.55.030 Public hearing procedures and requirements.
18.55.010 Initiation of amendments and changes. A. The city commission may, from time to time, amend, supplement or change this title and the
regulation or maps appertaining thereto. An amendment, supplement or change may be initiated by
the city commission, zoning commission or upon petition from an owner of property within the
city.
B. Whenever the property owner of any land or building desires a reclassification on his property or change in regulations applicable thereto, he may file with the city planning department
on forms provided by the city for this purpose, a petition duly signed and verified by him
requesting an amendment or change of regulations prescribed for such property.
18.55.020 Amendments and rezonings Investigation requirements. Upon initiation of an amendment by the city commission, zoning commission or upon petition
from a property owner, the zoning commission shall cause to be made an investigation of facts
bearing on such initiation or petition as will provide necessary information to assure that the action
of each such petition is consistent with the intent and purpose of this title, including but not limited
to a finding that the application complies with the Bozeman master plan.
18.55.030 Public hearing procedures and requirements. A. The city commission and/or zoning commission shall hold public hearings on the matters
referred to in such initiation or petition at which parties in interest and citizens shall have an
opportunity to be heard. B. The planning director shall give public notice of all public hearings to be held before either
the city commission and/or the zoning commission. The notice shall be published at least once in a
newspaper published and having general circulation in the city, not more than forty-five days nor
less than fifteen days prior to the public hearings.
C. The notice shall specify the number, date, time and place of all scheduled public hearings. It shall state the name and address of the applicant, the name and address of the owner of record of
the property, and a legal description of the property affected, the street address or its location by
approximate distances from the nearest major street or road intersections so that the property can
be easily identified, and a brief statement of the nature of the hearing.
D. The notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties. In the case of a text amendment the notice shall explain
the intent of the change, with reference to the precise text amendment language being available for
public review at the city planning department.
E. However, where city zoning boundaries are extended through annexation, which require
initial zoning classification, public notice shall consist of three separate notifications in a newspaper published and having general circulation in the city, provided at least one of the
notifications is published not more than forty-five days nor less than fifteen days prior to the public
hearing. Such notice of public hearings shall also be made available upon request to all
newspapers, radio stations and television stations serving the zoning jurisdiction of the city for use
as a public service announcement. F. In addition to such publication, the planning director shall post same notice of public hearing
not more than forty-five days nor less than fifteen days prior to the public hearings, on the site in
question as well as on one or more additional locations, visible to the general public, within the
affected area as deemed appropriate by the planning director. However, where city zoning
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boundaries are extended which require initial zoning classification, sign posting requirements shall
not apply.
G. Such notice shall be sent by mail, not more than forty-five days nor less than fifteen days, to
the applicant and owners of record, or their legal representative, of the subject property as well as
to the owners of record of all parcels within one hundred fifty feet of the perimeter of the subject property. The number of feet occupied by all public roads, streets, alleys, and other public ways,
shall be excluded in determining the one hundred fifty foot requirements. However, where city
zoning boundaries are extended which require initial zoning classification, mailing of notice of
public hearing to such applicants, owners of public record, or their legal representative, of the
subject property(ies), or owners of record of all parcels within one hundred fifty feet of the perimeter of the subject properties shall not apply.
H. If for some reason a required property owner fails to receive mail notification of a scheduled
public hearing, or if one or more of the required posted signs in the area or on the site for which the
public hearing is being held, is inadvertently moved through no fault of the city, this in no way
shall invalidate the legal notice requirements of the scheduled public hearing. I. Notice may also be provided to property owners in any additional area that may be
substantially impacted by the proposed change or use as determined by the planning director.
J. After such hearing or hearings, the zoning commission will make reports and
recommendations on the petition or initiation to the city commission.
K. When the zoning commission has recommended an amendment to this title, including a change in the district boundaries, the public hearing shall be held by the city commission for the
purpose of acting upon the proposed amendment after public notice. Prior to October 1, 1999 in
case of protest against such changes signed by the owners of twenty percent or more either of the
area of the lots included in such proposed change or of those lots immediately adjacent to the rear
within the block or of those lots directly opposite extending one hundred fifty feet from the street frontage thereof, such amendment shall not become effective except by the favorable vote of
three-fourths of all members of the city commission.
On or after October 1, 1999 in case of protest against such changes signed by the owners of
25% or more of either the area of the lots included in any proposed change; or those lots 150 feet
from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of two-thirds of the present and voting members of the city commission.
Chapter 18.56
VARIANCE AND ADMINISTRATIVE INTERPRETATION APPEAL PROCEDURES
Sections: 18.56.010 Purposes 18.56.040 Appeals and variances -Application and investigation.
18.56.050 Interpretations and variances- Hearing and notice requirements.
18.56.060 Variances-Criteria for consideration. 18.56.070 Variances-Conditions of approval. 18.56.080 Appeals from city commission determinations. 18.56.090 Effective time for commission decisions -Variances void when.
18.56.010 Purposes A. The city commission shall hear and decide variances and administrative appeals as
follows:
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1. Hear and decide appeals where it is alleged there is error in any order, requirement, decision
or determination made by an administrative official in the enforcement of this title or of any title
adopted pursuant thereto. Appeals will be granted upon finding that such order, requirement,
decision or determination made by an administrative official is erroneous and contrary to this title
or of any ordinance adopted pursuant thereto; 2. Authorize in specific cases, such variance from the terms of this title as will not be contrary
to the public interest, where owing to special conditions, a literal enforcement of the provisions
will result in unnecessary hardship, and so that the spirit of this title shall be observed and
substantial justice done.
B. The commission may, after public notice and hearing, deny, approve or conditionally approve all requests for variances due to hardship, including:
1. Requests to modify dimensional requirements of this title;
2. Requests for multiple variances;
3. Requests to modify flood hazard district requirements subject to the provisions of
Chapter 18.44; and 4. Requests for variances in conjunction with conditional use permits. Approvals of all
such variances shall be conditioned upon Commission approval of the conditional use permit.
C. All requests for deviations in the neighborhood conservation overlay districts or entryway
overlay districts shall be heard by the City Commission.
D. In no case may the City Commission grant variances to allow uses not already permitted pursuant to this title.
E. The concurring vote of four members of the commission shall be necessary to reverse any
order, requirements, decisions or determination of any administrative official, or to decide in favor
of the applicant on any matter upon which it is required to pass under this title, or to effect any
variance of this title. A reversal of the Planning Director's classification of a particular use shall be submitted to the City Commission for determination under the provisions of Section 18.06.060.
F. The concurring vote of three members of the City Commission shall be necessary to grant
requested deviations to this title.
18.56.040 Appeals and variances -Application and investigation. A. Application for Variance or Interpretation Appeals. A request for variance proposed shall
be made by filing at least thirty days prior to the commission meeting an application with
appropriate fees with the planning director; such application 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 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:
1. Name and address of the applicant;
2. The legal description of the property involved in the request for variance, including the street address, if any, of the property;
3. The names and addresses of the owners of the property and any other persons having a legal
interest therein;
4. List of names and addresses of property owners within two hundred feet of site, using last
declared county real estate tax records; 5. Stamped, unsealed envelopes addressed with names of above property owners;
6. A site plan drawn to scale showing the property dimensions, grading, landscaping and
location of utilities, as applicable;
7. Location of all existing and proposed buildings;
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8. Drive accesses, driveways, access roads, parking spaces, off-street loading areas, and
sidewalks as applicable;
9. The variance requested and the reasons for the request;
10. Justification, in writing of subsections A, B and C of Section 18.56.060;
11. 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;
12. Required filing fee; and
13. In the case of an administrative interpretation appeal evidence to prove that the decision or
action of the official was incorrect or in violation of the terms of this title. B. Investigation of Facts. The commission shall cause to be made such investigation of facts
bearing on the application as will provide necessary information to assure that the action on each
such application is consistent with the intent and purpose of this title. During time of appeal all
construction shall cease and shall not commence until approved by the city commission.
18.56.050 Interpretations and variances- Hearing and notice requirements. A. There shall be a hearing for each application of an interpretation appeal or variance. The
hearing shall be held at an appointed time and place. Testimony shall be taken by the commission
from persons interested in the application, and from the planning staff.
B. The planning director shall give public notice of all public hearings to be held before the city commission. The notice shall be published at least once in a newspaper published and having
general circulation in the city, not more than thirty days nor less than ten days prior to the public
hearings.
C. The notice shall specify the number, date, time and place of all scheduled public hearings. It
shall state the name and address of the applicant, the name and address of the owner of the property, and a legal description of the property affected, the street address, or its location by
approximate distances from the nearest major street or road intersection so that the property can be
easily identified, and a brief statement of the nature of the hearing.
D. The notice shall provide a map of the area in question so as to indicate its general location
and proximity to surrounding properties. E. In addition to such publication, the planning director shall post same notice of public
hearing not more than thirty days nor less then ten days prior to the public hearings, on the site in
question as well as on one or more additional locations, visible to the general public, within the
affected area as deemed appropriate by the planning director.
F. The notice of public hearings shall also be made available upon request to all newspapers, radio and television stations serving the jurisdiction for use as a public service announcement.
G. Such notice shall be sent by mail not more than thirty days nor less than ten days prior to the
public hearings, to the applicant and owners of record (or their legal representative) of the subject
property as well as to the owners of record of all parcels within two hundred feet of the perimeter
of the subject property. H. If for some reason, a required property owner fails to receive mailed notification of a
scheduled public hearing, or if one or more of the required posted signs in the area or on the site for
which the public hearing is being held, is inadvertently removed through no fault of the city, this in
no way shall invalidate the legal notice requirement of the scheduled public hearing.
I. Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed variance as determined by the planning director.
18.56.060 Variances - Criteria for consideration.
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In approving an application for a variance, the commission shall designate such lawful
conditions as will secure substantial protection for the public health, safety and general welfare,
and shall find as follows:
A. That the variance will not be contrary to the public interest;
B. That a literal enforcement of this title will result in unnecessary hardship owing to conditions unique to the property;
C. The spirit of this title will be observed and substantial justice done.
18.56.070 Variances - Conditions of approval.
Any approval under this chapter shall be subject to the terms of the conditions designated in connection therein.
18.56.080 Appeals from city commission determinations.
Any person or persons, jointly or severally, aggrieved by any decision of the city commission
under this chapter, or any taxpayer, or any officer, department, board or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such
decision is illegal in whole or in part specifying the grounds of illegality. Such petition shall be
presented to the court within thirty days after the filing of the decision in the office of the
commission.
18.56.090 Effective time for commission decisions - Variances void when. The decision of the or city commission shall be final except as provided in Section 18.56.080
and if a building permit or land use permit is not obtained for the subject property within six
months from the date of the commission's decision, the variance shall be automatically canceled
and become null and void.
CHAPTER 18.57
TELECOMMUNICATIONS
Sections: 18.57.010 Intent. 18.57.030 Review Procedures.
18.57.040 Standards.
18.57.010 Intent. A. The City has the authority to regulate the placement, construction, and modification of
wireless telecommunications service facilities; and
B. The City Commission finds that:
1. It is necessary to determine the appropriate location for placement of towers and antennas to serve local residents and businesses; and
2. The City desires to promote co-location and use of alternative tower structures to minimize
the need to construct new towers; and
3. Consistent with applicable law, the City desires to minimize the adverse visual impacts of
towers and antennas through careful siting, design, landscape screening, and innovative camouflaging screening; and
4. The City seeks to ensure against potential health and safety hazards to citizens and prevent
damage to adjacent properties; and
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5. The City intends to exercise, to the fullest extent permitted by applicable law, its authority
with respect to the regulation of the placement, construction, and modification of wireless
telecommunications service facilities.
18.57.030 Review Procedures. A. Purpose. The purpose of this section is to describe the standards and conditions under
which certain uses may be permitted as principal or conditional uses in specific districts.
B. General Application. All uses listed in this section shall be subject to the specific
standards described for each use, in addition to all other applicable standards which may apply,
and limited to those districts specified. The provisions of this chapter apply to Large Scale Broadcast Facilities and Small Scale Broadcast Facilities as defined in Chapter 18.04. The
provisions of this chapter do not apply to facilities which meet the definition of Essential Services
(Type 1) as defined in this Section 18.04.640 of this Chapter, nor to private antennae which are
limited to reception only.
C. The following review procedures shall be utilized in the review of Large Scale Broadcast Facilities.
1. A Large Scale Broadcast Facility shall be considered as a principal use in the M-1, M-2,
and PLI districts, provided the facility meets all applicable standards, and shall be reviewed under
the terms of Chapters 18.52 and this chapter. A Large Scale Broadcast Facility which establishes
a second principal use on a proposed site will require a major site plan. A Large Scale Broadcast Facility proposed to be mounted on an existing structure may be reviewed, at the discretion of the
Planning Director, as a minor site plan. A Large Scale Broadcast Facility proposed to be located
on an existing structure which was previously reviewed for Large Scale Broadcast Facility use,
where such proposed facility is in accordance with the original project approval, may be required
to submit only a Sketch Plan, as described in Section 18.52. 2. A Large Scale Broadcast Facility shall be considered as a Conditional Use in the BP, B-1,
B-2 and B-3 districts and subject to Conditional Use Permit review as described in Section 18.53.
The City Commission, in approving such a conditional use permit, shall find that the service
provided by the proposed facility cannot be adequately received from other properly zoned
locations. A Large Scale Broadcast Facility may not exceed the established maximum building height in the BP, B-1, B-2, or B-3 districts. A Large Scale Broadcast Facility shall not be
permitted in the AS, RS, R-1, R-2, R-2a, R-3, R-3a, R-4, R-O, and R-MH districts, except as part
of a Planned Unit Development reviewed under Chapter 18.54, and only upon a demonstration that
the service provided by the proposed facility cannot be adequately received from other properly
zoned locations. 3. A Large Scale Broadcast Facility proposed to be located in the Conservation Overlay or
Entryway Overlay districts shall require in addition to any other review procedure, a Certificate of
Appropriateness.
D. The following review procedures shall be utilized in the review of Small Scale Broadcast
Facilities. 1. A Small Scale Broadcast Facility shall be considered as a principal use in the M-1, M-2,
and PLI districts, provided the facility meets all applicable standards, and shall be reviewed as a
minor site plan under the terms of Chapters 18.52 and this chapter. A Small Scale Broadcast
Facility proposed to be located on an existing structure which was previously reviewed for either
Large or Small Scale Broadcast Facility use, where such proposed facility is in accordance with the original project approval, may be required to submit only a Sketch Plan, as described in Section
18.52.
2. A Small Scale Broadcast Facility shall be considered as a principal use in the B-1, B-2,
B-3, and BP districts, provided the proposed installation meets the definition of Stealth installation
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in Section 18.57.020.B, and provided further, that the facility does not exceed the established
maximum building height for the district proposed for such use. A Small Scale Broadcast Facility
shall be reviewed as a minor site plan under the terms of Chapters 18.52 and this chapter. A Small
Scale Broadcast Facility proposed to be located on an existing structure which was previously
reviewed for either Large or Small Scale Broadcast Facility use, where such proposed facility is in accordance with the original project approval, may be required to submit only a Sketch Plan, as
described in Section 18.52. A Small Scale Broadcast Facility proposed to exceed the established
maximum building height may be permitted upon a determination that the service provided by the
proposed facility cannot be adequately received from other properly zoned locations.
3. A Small Scale Broadcast Facility shall be considered as a conditional use in the AS, RS, R-1, R-2, R-2a, R-3, R-3a, R-4, R-O, and R-MH districts and subject to Conditional Use Permit
review as described in Section 18.53. All Small Scale Broadcast Facilities in these districts must
be Stealth installations, as defined in Section 18.04.1485, and may not exceed the established
maximum building height for the district proposed for such use. The City Commission, in
approving such a conditional use permit, shall find that the service provided by the proposed facility cannot be adequately received from other properly zoned locations.
4. A Small Scale Broadcast Facility proposed to be located in the Conservation Overlay or
Entryway Overlay districts shall require in addition to any other review procedure, a Certificate of
Appropriateness.
5. A broadcast facility of less than 500 watts effective radiated power proposed for the sole and exclusive, on-site use of a business, which business has otherwise been approved under
Section 18.52, 18.53, or 18.54, and found to be in compliance with the maximum building height
limitations of the zoning district, with all setback and other zoning requirements, and which has
four or less square feet of total antenna surface area, may be permitted as an accessory use in any
non-residential district. E. Submittal requirements for Large Scale and Small Scale Broadcast Facilities. The
following information and data shall be submitted for broadcast facility plan review.
1. Site and landscape plans drawn to scale.
2. A report including a description of the tower with technical reasons for its design.
3. Documentation establishing the structural integrity for the tower=s proposed use.
4. The general capacity of the tower, and information necessary to assure that ANSI standards are met.
5. A statement of intent on whether excess space will be leased.
6. Proof of ownership of the proposed site or authorization to utilize it.
7. Copies of any easements necessary.
8. An analysis of the area containing existing topographical contours; and 9. A visual study depicting where within a three mile radius any portion of the proposed tower
could be seen.
18.57.040 Standards.
A. Safety. The following information shall be provided with all applications to establish or modify a Small Scale Broadcast Facility or Large Scale Broadcast Facility.
1. A statement of whether the proposed facility is exempt or non-exempt from environmental
review under the Rules of the FCC. 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 and the approval from the FCC for the site shall be provided to the City of
Bozeman prior to the issuance of a building permit.
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2. 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.
3. A building permit shall be obtained prior to the installation of any telecommunications
facility. The structural design for all antenna support structures 10 feet or greater in height or
which have attached more than four square feet of total antenna area shall be certified by a
professional structural engineer licensed to practice in the State of Montana. 4. All Small Scale Broadcast Facility and Large Scale Broadcast Facility shall meet or exceed
current standards and regulations of the FCC, FAA, and any other agency with the authority to
regulate towers and antennas. If such standards are changed the owner shall modify the
installation to comply with the new standards within 6 months of the effective date of the new
standards or regulations unless a different implementation schedule is required by the issuing agency.
5. Towers with a base located at grade shall be enclosed within a secure fence not less than six
feet in height or the tower itself shall be equipped with an appropriate anti-climbing device.
B. Setbacks/Aesthetics
1. The provisions of this section may be waived by the approval body as determined by Chapters 18.52 or 18.53 where it has been demonstrated that the waiver will result in superior
compliance with the intent and purposes of this title.
2. New towers greater than forty feet in height shall accommodate at least three service
providers with accompanying area for equipment and access. Where multiple providers will be
utilizing the same area and/or support structure, consideration should be given to the provision of a single building or other similar integration of equipment housing. A new tower may meet this
requirement by correctly sizing the foundation and other structural elements to allow the future
addition of height to the structure to accommodate additional users rather than immediately
constructing the entire tower. This requirement will be able to be able to be waived by the
governing body upon a showing of fact to overcome the presumption that multiple transmitters are desirable on a tower.
3. An applicant for a new tower in excess of forty feet in height shall demonstrate that there
are no available openings on existing facilities which are technically and financially feasible and
that a new structure is necessary. A site shall be deemed financially feasible if the cost is equal to
or less than the cost of constructing a new tower. 4. All installations shall be as visually unobtrusive as is feasible. FAA and FCC regulations
may require visual marking and lighting and may not be overridden by local regulations in this
area. Unless otherwise required by the FAA or FCC towers shall be of a galvanized finish or be
painted in neutral colors. Facilities and equipment mounted on existing structures shall be
visually incorporated into the structure or background by the use of architectural elements, color, screening, or other methods. Installations located within the Conservation Overlay or Entryway
Overlay districts shall be reviewed against the criteria of Chapter 18.42 and Chapter 18.43 as
applicable.
5. No lighting or signage except a single four square foot business identification sign is
allowed unless such lighting or signage is required by the FAA, FCC, or the City of Bozeman. 6. Special setbacks for towers shall be provided and/or a design for internal structural
collapse to avoid damage or injury to adjoining property or users shall be provided.
a. Residential district setbacks for a Large Scale Broadcast Facility shall be 100 percent of
tower height which may be reduced to no less than 50 percent upon the provision and approval of
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an engineered design, stamped by a professional structural engineer licensed to practice in the state
of Montana, establishing a smaller collapse area.
b. A Large Scale Broadcast Facility in non-residential zones shall provide a minimum
setback from the property lines of 75 percent of tower height which may be reduced to no less than
20 percent of tower height upon the provision and approval of an engineered design, stamped by a professional structural engineer licensed to practice in the state of Montana, establishing a smaller
collapse area. All installations shall maintain the minimum zoning district setbacks including
special setbacks for entryway corridors. An application for an Large Scale Broadcast Facility
located less than 100 percent of the tower height from the property line shall include a narrative
addressing the issue of ice fall. 7. All structures shall be constructed in conformance with the most recent version of either
the standards of the Uniform Building Code or the Electronics Industries Association and the
Telecommunications Industry Association, commonly cited as EIA/TIA 222-E standards. The
most rigorous standard shall govern.
8. Visual screening shall be provided in all residential areas and where a facility is located within a non-residential area which is visible, at grade, from a residential area. Screening shall
provide an opaque screen within 18 months of establishment and be a minimum of four feet in
height. The screening may be of landscape materials or a fence which otherwise complies with
the zoning code. The site shall comply with the landscaping provisions of the zoning code as
contained in Section 18.50.100. 9. Materials on the exterior of equipment shelters used in residential areas shall be of
materials commonly used in the neighborhood. The architectural design of the shelter shall be
compatible with surrounding residential structures. The intent of the requirements of this
paragraph may be met by providing fencing or other visual screening compatible with the
neighborhood, in compliance with all other sections of the code, which will obscure the entire equipment shelter. The screening shall be in place prior to the commencement of operations of
the facility.
10. All Small Scale Broadcast Facilities established in one of the recognized historic districts
or entry way overlay districts shall be installed in such a way as to maintain the historic or
architectural character of the host site. All sites shall maintain the least possible visual obtrusiveness.
11. Applicants for a Small Scale Broadcast Facility or a Large Scale Broadcast Facility in
residential areas shall provide an accurate photo simulation of the site with the proposed facility in
place. The simulation shall be to scale, and include all feasible antennae depicted on the tower.
Landscaping which is not shown or proposed on the accompanying site plan shall not be included in the simulation unless it exists on adjoining properties.
C. Administrative
1. An inventory of existing sites utilized by the applicant shall be provided. The inventory
shall note the feasibility of accommodating other users. The City may share this information with
other applicants or interested parties to encourage co-location. 2. The public land and agencies exemption from full compliance with zoning in Section
76-2-402, Montana Code Annotated does not apply to private entities utilizing publicly owned
lands.
3. All facilities shall be removed within 9 months of the cessation of operations. If a facility
is not removed within 9 months the City shall remove the facility at the facility or land owners expense. Where multiple users share a facility the non-operational antennae shall be removed but
any common equipment may be retained until all users have terminated the utilization of the site.
4. Any emergency power supply or other equipment installed at the facility must comply with
Section 18.50.035.I, Noise.
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5. No facilities may be established in residential areas which require employees to be present
on a routine basis, with the exception of periodic maintenance activities, unless the zone allows
offices as a permitted or conditional use and appropriate review has been completed.
6. Failure to comply with the terms of the zoning ordinance shall be grounds for facilities to
be removed by action of the City at the owners expense. 7. Any modifications to existing broadcast sites may only occur in compliance with the
review procedures required in 18.57.030.
8. Denial of an application shall be made only after the review body has determined that
specific criteria of this title can not be met. Said determination shall be made in writing and shall
include the reasons for the denial and the evidence which supports those reasons. Public opposition alone is not sufficient to deny the application.
Chapter 18.58
PLAN APPEALS PROCEDURE Sections:
18.58.010 Definitions.
18.58.020 Application of appeal procedures. 18.58.030 Appeal of final decision permitted. 18.58.040 Filing of notice of appeal. 18.58.050 Notice of appeal.
18.58.060 Record on appeal.
18.58.070 Scheduling of the hearing. 18.58.080 Procedure of the hearing. 18.58.090 Alternative actions available to the appellate body.
18.58.010 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the following meanings:
"Aggrieved person" means a person who has a specific, personal and legal interest in the final
decision of an agency, board or commission, as distinguished from a general interest such as is the
concern of all members of the community, and which interest would be specifically and personally
prejudiced by the decision or benefited by its reversal. "Appellant" means an aggrieved person who has taken an appeal from an agency, board or
commission to another body designated herein by the filing of a notice of appeal.
"Applicant" means the person who or organization which submitted the application to the
agency, board or commission whose decision has been appealed.
"Final decision" means the final action of an agency, board or commission when no further action is available before such agency, board or commission.
18.58.020 Application of appeal procedures.
Appeals from agencies, boards and commissions to other agencies, boards and commissions of
city government or the courts are set forth in the various sections of this title. Said appeals are permitted under the provisions of this section in the manner set forth herein.
A. Boards and Agencies. These appeal procedures shall apply to the decisions brought forth by
the following:
1. Development review committee (DRC);
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2. Design review board (DRB);
3. Administrative design review staff (ADR).
B. Order of Appeals.
Appeals from any board or agency shall follow the following order:
1. DRC to city commission; 2. DRB to city commission;
3. ADR to city commission, upon consideration and comment by the DRB;
18.58.030 Appeal of final decision permitted.
An aggrieved person may appeal the final decision of any agency, board or commission to which this appeal procedure applies in the manner provided in this chapter.
18.58.040 Filing of notice of appeal.
A. An appeal shall be taken by filing with the planning director a notice of intent to appeal by noon on the Friday following the final decision of the agency, board or commission to which this
section applies, and a documented appeal within seven calendar days of the final decision of the
agency, board or commission to which this section applies. Such notice of intent to appeal shall
include the following:
1. The action of the agency, board or commission which is the subject of the appeal; 2. The date of such action;
3. The name, address, telephone number and relationship of the appellant to the subject of the
action of the agency, board or commission.
B. The documented appeal shall include in addition:
The grounds for the appeal, including specific allegations to be considered on appeal.
18.58.050 Notice of appeal. Notification of appeal procedures shall be included in the initial posting and notice of the
proposal, provided that an initial posting and notice is required by Chapter 18.52. Once a
documented appeal has been filed, the property in question will be posted and notice of the appeal hearing provided to the Bozeman Chronicle.
18.58.060 Record on appeal.
Any appeal shall be an appeal on the record of the hearing before the agency, board or
commission. The record provided to the appeal body shall include the following: A. Detailed minutes of the proceedings before the agency, board or commission from which
the appeal has been taken;
B. All exhibits, including, without limitation, all writings, drawings, maps, charts, graphs,
photographs and other tangible items received or viewed by the agency, board or commission at
the proceedings; C. A verbatim transcript of such proceedings before the agency, board or commission, or any
portion thereof, at the option and expense of any aggrieved party.
18.58.070 Scheduling of the hearing.
The dates, times and locations for hearing appeal(s) before the appropriate body(s) shall be included in the reposting of the property in question, and in the notice of the appeal hearing
provided to the Bozeman Chronicle.
18.58.080 Procedure of the hearing.
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A. At the hearing on the appeal, the following procedure shall be followed:
Only arguments and evidence relevant to the grounds shall be presented. The presentation of
arguments on the merits of the appeal shall be made in the following order, subject to such
limitations, in time and scope as may be imposed at the discretion of the presiding officer:
1. Explanation of the nature of the appeal and presentation by planning staff, 2. Presentation of argument by the appellant and any person in support of the appellant;
3. Presentation or argument by any person who is an opponent of the appeal; and
4. Motion, discussion and vote by the appellate body.
B. No person making a presentation shall be subject to cross-examination except that members
of the appellate body and the city attorney may inquire of such person for the purpose of eliciting information and for the purpose of clarifying information presented.
18.58.090 Alternative actions available to the appellate body.
The appellate body shall consider an appeal based upon the record on appeal and relevant provisions of this title. Only evidence relevant to the grounds for the appeal shall be heard. At the
conclusion of such hearing, the appellate body shall uphold, overturn or modify the decision of the
agency or board. Appeals will be granted upon finding that such order, requirement, decision or
determination made by the agency or board is erroneous and contrary to this title or of any
ordinance adopted pursuant thereto. Chapter 18.62
ADMINISTRATION, PERMITS AND FEES Sections: 18.62.010 Administration and enforcement - Planning director authority.
18.62.020 Planning director and building official - Plan application checking- Notice of
noncompliance. 18.62.030 Building permit requirements. 18.62.040 Permit issuance - Conformity with regulations required. 18.62.050 Permits issued contrary to title deemed void.
18.62.060 Expiration of permits.
18.62.070 Stop-work order - Planning director and/or building official authority. 18.62.080 Enforcement - Planning director. 18.62.090 Building permits and installation of improvements. 18.62.100 Fee schedule.
18.62.010 Administration and enforcement-Planning director authority. A. The planning director, or his/her designated representative, shall administer and enforce this
title. He/she may be provided with the assistance of such other persons as the planning director
may direct and those assistants shall have essentially the same responsibilities as directed by the
planning director.
B. If the planning director shall find that any of the provisions of this title are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the
violation and ordering the action necessary to correct it. He shall order discontinuance of illegal
use of land, illegal additions, alterations, or structural changes; discontinuance of any illegal work
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being done; or shall take any other action authorized by this title to insure compliance with or
prevent violation of its provisions.
18.62.020 Planning director and building official-Plan application checking-Notice of
noncompliance. A. It is the intent of this title that the planning director and building official, or their designees,
shall check all plans and applications for permits for compliance with this title both before and
during construction.
B. If, during this procedure, the planning director and/or the building official deems that the
proposed plan or construction does not comply with this title, he shall inform the applicant of the infraction and shall stop all construction on the project until such time as the applicant, builder or
principal revises his plan to conform to this title and/or fulfills the requirements of any mandated
review procedure(s) as set forth in this title.
18.62.030 Building permit requirements. No building or other structure shall be erected, moved, added to or structurally altered and no
land use shall be changed without valid permits as prescribed in this chapter.
A. Building Permit. Within the limits of the city building permits shall be obtained by
following the latest version of the Uniform Building Code (International Conference of Building
Officials, 5360 South Workman Mill Road, Whittier, California) adopted by the city. B. The building permit shall be obtained by application to the city building official.
Applications shall be accompanied by plans in duplicate, drawn to scale showing the actual
dimensions and shape of the lot to be built upon, the legal description of the parcel; the exact sizes
and location on the lot(s) of buildings already existing, if any; the location and dimensions of the
proposed buildings or alternatives, and two copies of the approved site plan or sketch plan as approved under Chapters 18.52, 18.53, 18.54, etc. of this title.
C. One copy of the plans shall be returned to the applicant after the building official and
planning director have marked each copy either as approved or disapproved and attested to same
by their signatures. The second copy similarly marked shall be retained by the building division.
D. Approval of any plan that has been granted based upon false information provided by the applicant shall be deemed void.
18.62.040 Permit issuance - Conformity with regulations required.
No permit, or license of any type shall be issued unless in conformance with the regulations
contained within this title. Permits issued on the basis of plans and applications approved by the building official and planning director authorize only the use, arrangement and construction set
forth in such approved plans and applications, and no other use, arrangement or construction. Use,
arrangement or construction at variance with that authorized shall be deemed a violation of this
title, punishable as provided in Chapter 18.70.
18.62.050 Permits issued contrary to title deemed void. Any building permit, or any authorization issued, granted, or approved in violation of the
provisions of this title shall be null and void and of no effect without the necessity of any
proceedings or a revocation or nullification thereof, and any work undertaken or use established
pursuant to any such building permit or other authorization shall be unlawful.
18.62.060 Expiration of permits. Every permit issued by the building official under the provisions of this title shall expire by
limitation and become null and void if the building or work authorized by such permit has not
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commenced within one hundred eighty days from the date of such permits, or if the building or
work authorized by such permit is suspended or abandoned at any time after the work is
commenced for a period of one hundred twenty days. Before such work can be recommenced, a
new permit shall first be obtained to do so, and the fee therefor shall be one-half the amount
required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for the work; and provided further that such suspension or
abandonment has not exceeded one year.
18.62.070 Stop-work order - Planning director and/or building official authority.
Whenever any building work is being done contrary to the provisions of this title, the planning director and/or building official shall order the work stopped by notice in writing served on any
person engaged in doing or causing such work to be done, and any such person shall forthwith stop
such work until authorized by the planning director and/or building official to proceed with the
work.
18.62.080 Enforcement - Planning director. This title shall be enforced by the planning director and his authorized representatives. No
building permit or business or occupational use license shall be issued, except in compliance with
the provisions of this title.
18.62.090 Building permits and installation of improvements. The purpose of this section is to establish the requirements for the scheduling and installation
of all on-site and off-site improvements which are required as per the standards set forth in this
code, or which are required as a result of any conditions which may be applied to the approval of any project through the appropriate review process. Such improvements may include but are not
limited to design elements such as landscaping, parking facilities, storm drainage facilities,
architectural features, pedestrian walkways, and public utilities.
A. Only minor site surface preparation and normal maintenance shall be allowed prior to
conditional approval by the appropriate review authority and the issuance of a building permit, providing that such activity does not include excavation for foundations or the removal of mature,
healthy vegetation. Upon conditional approval by the appropriate review authority, excavation for
foundations and the preparation of forms may occur, however, no concrete shall be poured and no
further construction shall commence until final site or sketch plan approval has been granted and
until building permits have been issued. B. A building permit must be obtained within one year of final site or sketch plan approval.
Building permits will not be issued until the final site or sketch plan is approved.
C. At the time of final site plan approval, the applicant shall enter into an improvements
agreement with the city. Detailed cost estimates and construction plans of all required on-site and
off-site improvements shall be made a part of the agreement. D. No building permit shall be issued for any building or use for which site plan or sketch plan
approval is required unless such approval has been obtained. Except as provided for in subsection
E of this section, no occupancy shall be permitted or certificate of occupancy issued unless the
terms and details of an approved site or sketch plan are met. The DRC and/or ADR or their
representative shall conduct an "as-built" inspection to verify compliance and shall sign off on a certificate of occupancy if all terms and details of the approval are complied with.
E. If occupancy of the structure or commencement of the use is to occur prior to installation of
the required improvements, the improvements agreement, described in subsection C above, must
be secured by a method of security equal to one and one-half times the amount of the estimated
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cost of the scheduled improvements not yet installed. The method of security shall be valid for a
period of not less than twelve months; however, all on-site and off-site improvements shall be
completed by the applicant within nine months of occupancy or the security shall be forfeited to
the city for the purpose of installing or contracting for the installation of the required
improvements. F. In those instances where occupancy is to occur before the installation of all required
improvements, the DRC and/or ADR shall determine which, if any, of the required improvements
must be installed prior to occupancy. Such determinations shall be based on a finding that unsafe
or hazardous conditions will be created or perpetuated without the installation of certain
improvements or that the property will have an unacceptable adverse impact on adjoining properties until such improvements are installed.
G. When all provisions are met for occupancy of a facility or commencement of a use prior to
the installation of all improvements, the building official may issue a temporary certificate of
occupancy which allows occupancy of the facility on a temporary basis for a period not to exceed
nine months. When all required improvements are installed in compliance with all terms and details of the site or sketch plan approval, the temporary occupancy permit shall be withdrawn and
a permanent certificate of occupancy shall be issued according to the provisions of this chapter.
18.62.100 Fee schedule.
A. The city commission shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, appeals, and other matters pertaining to this title. The
schedule of fees for the procedures listed below shall be set from time to time by the city
commission by resolution. The fees shall be posted in the office of the planning director and may
be altered or amended only by the city commission.
1. Zone map change; 2. Zone code amendment;
3. Variance;
4. Planned unit development;
5. Site plan review: Major and minor;
Chapter 18.65 BOZEMAN SIGN CODE
Sections:
18.65.010 Intent and purposes. 18.65.020 Definitions and interpretation. 18.65.030 Sign permit requirements. 18.65.040 Prohibited signs.
18.65.050 Permitted temporary and special event signs.
18.65.060 Signs exempt from permit requirements. 18.65.070 Signs permitted upon the issuance of a sign permit. 18.65.080 Comprehensive sign plan. 18.65.090 Multitenant complexes with less than one hundred thousand square feet of
ground floor area.
18.65.100 Multitenant complexes with more than one hundred thousand square feet of ground floor area. 18.65.110 Indoor shopping mall complexes with more than one hundred thousand square feet of ground floor area.
18.65.120 Illumination.
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18.65.130 Street vision triangles. 18.65.140 Required address signs. 18.65.150 Billboards.
18.65.160 Historic or culturally significant signs.
18.65.170 Application. 18.65.180 Maintenance of permitted signs. 18.65.190 Nonconforming signs. 18.65.200 Violation.
18.65.010 Intent and purposes. It is the intent and purpose of this code to promote the health, safety and welfare of the
residents and visitors of the city of Bozeman by regulating and controlling the size. location, type,
quality Of materials, height, maintenance and construction of all signs and sign structures not
located within a building for the following reasons:
A. To preserve the Bozeman area's natural scenic beauty; B. To contribute to inviting entrances into Bozeman by eliminating clutter associated, in part,
with the unrestricted proliferation of signs, lights, and stringed devices
C. To encourage area beautification through creative, interrelated design of signage,
landscaping, buildings, access and parking that enhances the com-unity's built and natural
environment: D. To give all businesses an equal opportunity to have a sign that will help people find the
services they need;
F. To ensure that pedestrians and motorists are protected from damage or injury caused or
partly attributable to the distractions and obstructions which are caused by improperly situated
signs. The city commission intends to provide a reasonable balance between the right of an individual to identify its business and the right of the public, to be protected from the visual discord
that results from the unrestricted proliferation of signs. Sections 18.42.080 and 18.43.080 establish
certain exemptions, and alternative procedures utilizing; design review by the design review board
(DRB). The deliberations and decisions of the DRB shall be directed to accomplish the intent and
purpose of this section. It is determined that the regulations contained herein are the minimum necessary to further the interests of this code.
18.65.020 Definitions and interpretation.
Words and phrases used in this chapter shall have the meanings set forth in this section.
Words and phrases not defined in this section but defined in this title shall be given the meanings set forth herein. All other words and phrases shall be given their common, ordinary meaning,
unless the context clearly requires otherwise. Section headings or captions are for reference
purposes only and shall not be used in the interpretation of this chapter.
"Anchor tenant" means a tenant within a retail shopping center or complex which utilizes
20,000 or more square feet of ground floor area in one or more structures. "Area of signs" means that the area of a sign shall be computed by enclosing the entire area
within any type of perimeter or border which may enclose the outer limits of any writing,
representation, emblem, figure, or character together with any other material or color forming an
integral part of the display or used to differentiate such sign from a building on which it is placed.
The area of a sign having no such perimeter shall be computed by enclosing the entire area within parallelograms, triangles, or circles in a size sufficient to cover the entire area of the sign copy and
computing the size of such area. In the case of a two-sided sign, the area shall be computed as
including only the maximum single display surface which is visible from any ground position at
one time. If the angle between the two sign faces is greater than forty-five degrees, the sign area
54
will be the sum of the areas of the two faces. The supports or uprights on which any sign is
supported should not be included in determining the sign area unless such supports or uprights are
designed in such a manner as to form an integral background of the sign. In the case of any
spherical, conical, or cylindrical sign one half of the total surface area shall be computed as the
area of the sign. "Awning" means a roof-like structure, which is generally composed of a skeletal frame,
covered in a fabric or other skin-type material, and typically open on the bottom side, which
projects beyond a building or extending along and projecting beyond the wall of the building. For
the purposes of this ordinance a sign on an awning shall be considered to be a wall sign.
"Banner" means any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National, state or municipal
flags, or the official flag of any institution or business shall not be considered banners.
"Beacon" means any light with one or more beams directed into the atmosphere or directed at
one or more points not on the same zone lot as the light source; also, any light with one or more
beams that rotate or move. "Building frontage" means the maximum dimension of the building front measured on a
straight line parallel to the street.
"Canopy" means any open, permanent roof-like accessory structure which is not attached or
part of a principal building. For the purposes of this chapter, a sign located on a canopy shall be
considered a wall sign. "Commercial message" means any sign wording, logo, or other representation that, directly or
indirectly, names, advertises or calls attention to a business, product, service, or other commercial
activity.
"Directional sign" means an on-premise sign which is intended to convey information
regarding the location of specific features of the site or to convey on-premise regulations including traffic and circulation regulations.
"Freestanding sign" means any sign supported by structures or supports that are placed on, or
anchored in, the ground and that are independent from any building or other structure.
"Height of low profile sign" means the vertical distance between the finished grade and the
highest component of the sign. "Height of pole style sign" means the vertical distance between the elevation of the adjacent
street curb, or edge of pavement if no curb exists, to the highest attached component of the sign. In
the event that the finished grade of the sign location is higher, or lower, than the adjacent street
curb or edge of pavement, the height shall be determined as the vertical distance from the median
elevation between the adjacent street curb or edge of pavement and the lowest finished grade at the base of the sign to the highest attached component of the sign.
"Incidental sign" means a sign, generally informational, that has a purpose secondary to the use
of the zone lot on which it is located, such as "no parking," "entrance," "loading only,"
"telephone," and other similar directives. No sign with a commercial message which is designed
with the intent to be legible from a position off the zone lot on which the sign is located shall be considered incidental.
"Interchange zone" means districts created for the purpose of allowing larger and/or additional
signage for the areas adjacent to the I-90 interchanges at East Main Street, North 7th Avenue, and
North 19th Avenue which are located within the Entryway Overlay District, B-2 District, and
within 1,300 feet of the I-90 right-of-way. "Low-profile sign" means a freestanding sign composed of a solid structure between finished
grade and the top of the sign. Also referred to as a monument sign.
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"Noncommercial speech" means any sign wording, logo, or other representation that does not,
directly or indirectly, name, advertise, or call attention to a business, product, service, or other
commercial activity.
"Nonconforming sign" means a sign that does not conform to the provisions of this chapter.
"Off-premise sign" means a sign which advertises or directs attention to products or activities that are not provided on the parcel upon which the sign is located.
"Parapet" means that part of the wall which extends above the roof. For the purposes of this
chapter, the top of the parapet shall be considered to be the roofline.
"Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a
message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
"Pole sign" means a freestanding sign which is supported by a column(s) or other structural
member(s) that is permanently attached to the ground or a ground-mounted structure and provides
a minimum of eight feet of visible, vertical clearance between the sign and finished grade.
"Portable sign" means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be
transported by means of wheels; signs converted to A- or T-frames; balloons used as signs;
umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible
from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the
business. "Projecting sign" means any sign affixed to a building or wall in such a manner that its leading
edge extends more than six inches beyond the surface of such building or wall and is perpendicular
to such building or wall.
"Revolving sign" means any sign which all, or a portion of, may rotate either on an intermittent
or constant basis. "Roof sign" means any sign erected and constructed on and over the roof of a building,
supported by the roof structure, and extending vertically above any portion of the roof. Roof
signs shall not include signs located on a mansard roof if the sign is mounted vertically and
integrated with the roof. For the purpose of this chapter, architecturally integrated mansard signs
and other architecturally integrated signs located below the principal roof line shall be classified as wall signs.
"Setback" means the distance from the property line to the nearest part of the applicable
building, structure, or sign, measured perpendicularly to the property line.
"Shopping mall" means a multi-tenant retail structure where tenants are located on both sides
of a covered walkway with direct pedestrian access to all establishments from the walkway. "Sign" means any device, fixture, placard, or structure that uses any color, form, graphic,
illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a
person or entity, or to communicate information of any kind to the public.
"Special event sign" means a temporary sign which advertises special civic events and
activities such as street fairs, community festivals, parades, farmers markets and charity benefits. "Street" means a strip of land or way subject to vehicular traffic (as well as pedestrian traffic)
that provides direct access to property, including, but not limited to, avenues, boulevards, courts,
drives, highways, lanes, places, roads, or other thoroughfares, but not including alleys or
driveways.
"Temporary sign" means any sign that is used only temporarily and is not permanently mounted.
"Wall sign" means any sign painted on, attached to, or erected against the wall of a building,
structure, canopy or awning with the exposed face of the sign parallel to the plane of said wall or
56
structure. The sign must be attached in a manner so that it does not extend beyond six inches of
the wall.
"Window sign" means any sign painted, attached, glued, or otherwise affixed to a window for
the purpose of being visible from the exterior of the building.
"Zone lot" means a parcel of land or contiguous parcels of land held in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage and use.
18.65.030 Sign permit requirements.
If a sign requiring a permit under the provision of this chapter is to be placed, constructed,
erected, or modified on a zone lot, the owner of the lot shall secure a sign and building permit prior to the construction, placement, erection, or modification of such a sign.
Furthermore, the property owner shall maintain in force, at all times, a permit for such sign. No
permit of any kind shall be issued for an existing sign or proposed sign unless such sign is
consistent with the requirements of this chapter.
18.65.040 Prohibited signs. All signs not expressly permitted under this chapter, or exempt from regulation, are prohibited
in the city. Such signs include, but are not limited to:
A. Portable signs;
B. Roof signs; C. Revolving signs;
D. Beacons;
E. Flashing signs;
F. Pennants;
G. Stringed flags: H. Inflatable signs and tethered balloons: (except as permitted per 18.65.050.)
I. Signs located in public rights-of-way (except for those permitted in Sections 18.65.060C and
18.65.070(D)(4)).
18.65.050 Permitted temporary and special event signs. Temporary and special event signs, such as banners, tethered balloons and inflatable signs,
shall be allowed only as follows:
A. Special event signs are permitted in the zones described in Sections 18.65.070.A and
18.65.070.B.
B. Such signs shall be displayed for a consecutive period not to exceed fifteen days, for a maximum of thirty days per year with the exception of grand opening banners which may be
displayed for a period not to exceed sixty days. Only one grand opening banner shall be permitted
for the life of a business. A subsequent grand opening banner may be permitted when business
ownership has transferred to another owner.
C. Such banners shall be consistent with the standards of this chapter as to location, height, and type.
D. Applicants for such banners must apply for, and have approved, a temporary sign permit.
18.65.060 Signs exempt from permit requirements.
The following signs shall be exempt from regulation under this chapter. A. Residential Zones (A-S, R-S, R-1, R-2, R-2a, R-3, R-3a, R-4, R-MH). Temporary,
nonilluminated, real estate sale, and noncommercial speech signs that do not exceed nine square
feet in total area and, if freestanding, five feet in height. No more than one such sign per street
frontage.
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B. Commercial and Manufacturing Zones, (R-O, B-1, B-2, B-3, M-1, M-2, BP, PLI, HMU).
1. Window signs painted on the window or affixed to the interior of a window provided that
such signs do not occupy more than twenty-five percent of the area of the window in which it is
displayed. If it exceeds twenty-five percent of the area of the window, it will be classified as a wall
sign. 2. Signs within a structure or building or other enclosed area of property when such signs are
not intended to be viewed from outside the structure or property.
3. Four on-premises directional signs not exceeding four square feet in area which shall not
contain any commercial messages.
C. All Zones. 1. Government and Public Utility Signs. Directional, warning, street, building identification,
traffic control, informational or temporary special event signs that are erected, installed, or placed
by or on behalf of any federal, stare, county, or city government. Public utility signs showing
locations of underground facilities or public telephones, and safety signs on construction sites are
included within this exemption. 2. Incidental Signs. A sign, generally informational, that has a purpose secondary to the use of
the zone lot on which it is located, such as "no parking," "entrance," "loading only," and other
similar directives. No sign with a commercial message which is designed with the intent to be
legible from a position off the zone lot on which the sign is located shall be considered incidental.
18.65.070 Signs permitted upon the issuance of a sign permit. The following on-premise signs are permitted in the indicated zones subject to a sign permit:
A. Commercial, Manufacturing, and Public Land Zones ( B-2, B-3, M-1, M-2, BP, PLI, HMU)
A lot in a B-2 district is permitted total signage not to exceed four hundred square feet. The
maximum allowable total signage in the other districts listed herein shall not exceed two hundred and fifty square feet per lot. A comprehensive sign plan is required for all commercial centers
consisting of two or more tenant spaces on a lot and shall be designed in accordance with Section
18.65.080.
1. Freestanding Signs. One freestanding sign is permitted per zoned lot. The maximum area
for a freestanding sign shall be thirty-two square feet. A low profile freestanding sign shall be set back a minimum of five feet with a maximum height of five feet. A pole-style freestanding sign
shall be set back a minimum of fifteen feet with a maximum height of thirteen feet. The pole-style
sign will maintain at least an eight feet minimum vertical clearance from the ground.
2. Wall Signs. Wall signs are not to exceed a total signage allowance of one and one half square
feet per linear foot of building frontage minus any area devoted to freestanding or projecting signs. Canopy, window, and awning signs shall be classified as wall signs. Wall signs shall not project
above the top of a wall or parapet. Lots fronting on two or more streets shall be permitted an
additional thirty-five percent of the already permitted wall sign area for each subsequent building
frontage.
3. Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed eight square feet in area nor extend more than four feet from the building. Projecting signs shall provide
a minimum sidewalk clearance of eight feet.
B. Business and Office Zones (B-1, R-O)
The maximum allowable total signage for a lot shall not exceed eighty square feet in a B-1 district,
and thirty-two square feet in a R-O district. A comprehensive sign plan is required for all commercial centers consisting of two or more tenant spaces on a lot. Such plans shall be designed
in accordance with Section 18.65.080.
1. Low Profile Freestanding Signs. One low profile sign not to exceed thirty-two square feet in
area in the B-1 district, and twelve square feet in area in the R-O district. In both the B-1 and the
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R-O districts, the low profile sign shall have a minimum setback of five feet and a maximum
height of five feet. Pole-style freestanding signs are not permitted in the B-1 and R-O zones.
2. Wall Signs. Wall signs in the B-1 district are not to exceed a total signage allowance of one
square foot per linear foot of building frontage minus any area devoted to freestanding or
projecting signs. Wall signs in the R-O district are not to exceed a total signage allowance of half of a square foot per linear foot of building frontage minus any area devoted to freestanding and/or
projecting signs. Canopy, window, and awning signs shall be classified as wall signs. Wall signs
shall not project above the top of a wall or parapet. Lots fronting on two or more streets shall be
permitted an additional thirty-five percent of the already permitted wall sign area for each
subsequent building frontage. 3. Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed eight
square feet in area nor extend more than four feet from the building. Projecting signs shall provide
a minimum sidewalk clearance of eight feet.
C. Residential and Agricultural Zones (A-S, R-S, R-1, R-2, R-2a, R-3, R-3a, R-4, R-MH)
1. Subdivision Identification Signs. For residential subdivisions consisting of more than four residential units, one low profile, freestanding, neighborhood identification sign per development
entrance. Each sign shall not exceed sixteen square feet in area or five feet in height from the
finished grade. The sign must be setback at least five feet from the property line.
2. Residential Building Identification Signs. For properties used for multi-family residential
buildings, one residential identification wall sign per street frontage. Each sign shall not exceed eight square feet in area.
3. Signs Appurtenant To Residential Principal and Conditional Uses and Home Occupations.
a. Principal residential uses and Home Occupations shall be permitted commercial message
signage not to exceed four square feet in area and shall not be located in any required setback
area. In addition, Home Occupations shall be permitted one square foot signs on a mailbox or lamp post or one and one half square feet of freestanding signage located a minimum of five feet from
the property line.
b. Principal residential uses shall be permitted noncommercial speech signs which do not
exceed thirty square feet in area nor five feet in height. Such sign(s) must be setback at least fifteen
feet from the property line. c. Conditional nonresidential type uses, such as churches, veterinary uses, golf courses, day
care centers and schools shall be permitted signage as if the underlying zoning were B-1.
Conditional residential type uses such as bed and breakfast homes, and fraternity and sorority
houses, shall be permitted signage as if the underlying zoning were R-O. Such signs may only be
illuminated during the hours of operation. 4. Planned Unit Developments. Commercial establishments within planned unit developments
where the underlying zoning is residential or agricultural shall be permitted signage as if the lot
were in a B-1 zone.
D. Special Districts And Zones
The guidelines for the underlying zoning districts apply unless otherwise addressed below. 1. Neighborhood Conservation Overlay District. Within this district, all signage is subject to
issuance of a Certificate of Appropriateness. If the applicant is not requesting sign deviations, the
sign application will be reviewed by ADR staff. If the applicant is requesting deviations, the sign
application shall be subject to review by the Design Review Board and the City Commission.
2. Entryway Overlay District. Signage may exceed the underlying zoning district limitations by up to 20% upon review and approval by the City Commission, upon the recommendation of the
Design Review Board, and upon receipt of a Certificate of Appropriateness.
3. Interchange Zone. Signage may exceed the maximum total sign area permitted by Section
18.65.070 by up to 25% upon review and approval by the City Commission, upon the
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recommendation of the Design Review Board, and upon receipt of a Certificate of
Appropriateness. Each lot shall be permitted one freestanding sign.
a. Low Profile Signs. One low profile sign per zoned lot. The maximum area for a low profile
sign shall be forty square feet. The sign shall be setback a minimum of five feet with a maximum
height of eight feet. b. Pole-Style Signs. A pole-style freestanding sign shall be set back a minimum of fifteen feet
and will maintain at least an eight feet minimum vertical clearance. Pole-style signs shall not
exceed a total area of forty square feet or sixteen feet in height, provided however, that for every
two feet said sign is set back from fifteen beyond the street right-of-way, the height measured at
grade may be increased one foot, not to exceed a total of thirty-two feet, and the area may be increased by two and one half square feet for every two feet that said sign is set back fifteen feet
beyond the street right-of-way up to a maximum of one hundred and twenty square feet.
4. Main Street Historic District. Permits for signs that encroach into the public right-of-way
shall be obtained from the City Manager=s office in City Hall.
18.65.080 Comprehensive sign plan. A comprehensive sign plan shall be submitted for all commercial, office, industrial, and civic
uses consisting of two or more tenant or occupant spaces on a lot or two or more lots subject to a
common development permit or plan. A comprehensive sign plan shall not be approved unless it is
consistent with this chapter, the underlying zoning regulations applicable to the property and any
discretionary development permit or plan for the property. The plan should include the size and location of buildings and the size and location of existing and proposed signs. The purpose of the
plan is to coordinate graphics and signs with building design. The coordination shall be achieved
by:
A. Using the same type of cabinet supports or method of mounting for signs of the same type;
using the same type of construction for components, such as sign copy, cabinet and supports; using other types of integrating techniques, such as common color elements, determined appropriate by
the planning director.
B. Using the same form of illumination for all signs, or by using varied forms of illuminations
determined compatible by the planning director.
18.65.090 Multitenant complexes with less than one hundred thousand square feet of
ground floor area.
The guidelines for the underlying zoning districts apply unless otherwise addressed below:
The maximum permitted wall sign area allowed for each tenant space shall be the percentage of the total floor area on the zoned lot that the tenant occupies multiplied by the wall area allowed by
Section 18.65.070(A)(2) or Section 18.65.070(B)(2). If the lot has more than one building
frontage, the individual tenant space may derive sign area only from the frontage(s) which the
space faces. Lots under this section shall be allowed a low profile sign that identifies the complex,
which otherwise conforms to this chapter, in addition to the sign area already permitted under Section 18.65.070 (A)(2)or Section 18.65.070(B)(2).
18.65.100 Multitenant complexes with more than one hundred thousand square feet of
ground floor area.
The guidelines for the underlying zoning districts apply unless otherwise addressed below,: A. Freestanding Signs.
1. Pole-Style Signs. One pole-style sign per street frontage not to exceed forty-eight square feet
in area or sixteen feet in height. The sign area computed for a pole-style sign shall not be
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subtracted from the maximum allowable wall signage permitted for the entire complex.
2. Low-Profile Signs. One low-profile sign shall be permitted at each secondary entrance of the
complex, provided each sign shall not exceed thirty-two square feet in area, not five feet in height,
and must be setback a minimum of five feet from the property lines. All low-profile signs shall
only identify the complex and must display the street number address in figures which are at least six inches high. Low profile signs complying with these regulations will not be factored when
calculating the maximum permitted wall sign area.
B. Wall Signs. Each tenant shall be permitted wall signage square footage calculated from one
and one-half times the linear store frontage.
18.65.110 Indoor shopping mall complexes with more than one hundred thousand square feet of ground floor area. The guidelines for the underlying zoning districts apply unless otherwise addressed below:
A. Freestanding Signs.
l. Pole-Style Signs. One pole-style sign per street frontage not to exceed forty-eight square feet in area or sixteen feet in height. The sign area computed for a pole-style sign shall not be
subtracted from the maximum allowable wall signage permitted for the entire complex.
2. Low-Profile Signs. One low-profile sign shall be permitted at each secondary entrance of the
complex, provided each sign shall not exceed thirty-two square feet in area, nor five feet in height,
and must be setback a minimum of five feet from the property lines. All low-profile signs shall only identify the complex and must display the street number address in figures which are at least
six inches high. Low profile signs complying with these regulations will not be factored when
calculating the maximum permitted wall sign area.
B. Wall Signs. Each anchor tenant shall be permitted three hundred square feet of wall signage.
Each tenant with an exclusive outdoor customer entrance shall be permitted wall signage square footage calculated from five percent of the ground floor area.
18.65.120 Illumination.
Illumination, if any, shall be provided by artificial light which is constant in intensity and
color. Internally illuminated "can signs" are acceptable provided background and copy are coordinated to avoid excessive light output. Neon and other gas type transformers shall be limited
to sixty milliamperes and fluorescent transformers shall be limited to eight hundred milliamperes
to soften light output. Additionally, neon and other gas type signs with exposed tubing shall be
equipped with dimmers.
18.65.130 Street vision triangles. Signs shall not be placed in sight vision triangles as they are defined in Section 18.50.090 of
the Bozeman Zoning Ordinance.
18.65.140 Required address signs. Street numbers shall be required for all residential, commercial, industrial, and civic uses in all
zones, consistent with the requirements of the city fire department. All freestanding signs shall
display the address of the lot in six-inch numbers.
18.65.150 Billboards. Off-premises commercial advertising signs are not permitted within the Bozeman city limits
except as permitted by state, or federal, law.
18.65.155 Signs erected in conjunction with non-profit activities on public property.
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Signs erected on public property in support of non-profit activities, such as signs advertising
sponsors of youth and sports activities, shall be allowed only as follows:
A. The sign(s) shall be permitted only at developed facilities in public parks or other publicly
owned lands.
B. The sign(s) may be erected two (2) weeks prior to the commencement of the activity and shall be removed within two (2) week after the cessation of the activity for which the sign(s) were
erected.
C. Each individual sign shall be no larger than thirty-two (32) square feet. Freestanding signs
must be setback a minimum of fifteen (15) feet from the property line with a maximum height of
five (5) feet. Signs attached to walls or scoreboards shall not be subject to the five (5) foot height limitation. However, signs attached to walls or scoreboards shall not exceed the height of the wall
or scoreboard to which they are attached. All signs shall be oriented towards spectators attending
the activity who are at the facility.
D. The sign(s) shall not:
1. advertise alcoholic beverages or tobacco products; 2. be individually illuminated; nor
3. be placed in sight vision triangles or otherwise impede or obstruct the view of the traveling
public.
E. Applicants for such sign(s) must apply for, and have approved, a special temporary sign
permit detailing the nature of the sign(s) to be erected and the duration the sign(s) will remain in place. Applications and review procedures shall be made as per Section 18.50.140.
18.65.160 Historic or culturally significant signs.
Signs which have historical or cultural significance to the city but do not conform to the provi-
sions of this chapter, maybe permitted provided that the city commission adopts findings supporting the historical or cultural significance of the sign and issues a sign permit. Such findings
shall be adopted by resolution of the city commission and the design review board.
18.65.170 Application.
An application for a sign shall be made on forms provided by the planning office. The application shall contain sufficient information and plans to permit review pursuant to this chapter,
including but not limited to: building elevations; photographs; proposed locations of signs on
building elevations; sign design layout showing number, types, and dimensions of all signs, and a
site plan showing proposed location of all signs. An applicant may appeal the denial of permit
request pursuant to the provisions of Chapter 18.58.
18.65.180 Maintenance of permitted signs. All signs shall be continuously maintained in a state of security, safety and repair, If any sign is
found not to be so maintained or is in need of repair, it shall be the duty of the owner and the occu-
pant of the premises to repair or remove the sign within ten days after receiving written notice to do so from the planning director. If the sign is not so repaired or removed within such time, the
planning director shall cause the sign to be removed at the expense of the owner of the premises.
18.65.190 Nonconforming signs. A. The eventual elimination of existing signs that are not in conformity with the provisions of
this chapter is as important as the regulation of new signs. Except as otherwise provided herein, the
owner of any zone lot or other premises on which exists a sign that does not conform with the
requirements of this chapter and for which there is no prior, valid sign permit shall remove such
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sign.
B. All signs which were legally permitted prior to June 22, 1997, are considered legal,
permitted signs under this chapter. Except as provided for in subsection C of this section, said sign,
if nonconforming with this chapter, may not be:
1. Replaced except with a conforming sign; 2. Changed in copy (except for signs specifically designed to be changed in copy);
3. Structurally altered to extend its useful life;
4. Expanded, moved, or relocated.
C. No legal, nonconforming sign may be altered or enlarged in any way which increases its
nonconformity, but any existing signage, or portions thereof, may be altered by decreasing its nonconformity (except w provided in subsection D of this section).
D. Any lot with a nonconforming sign may not add additional signage until all signs on the lot
are brought into conformance with this chapter. Any site modification that requires a certificate of
appropriateness, site plan review or reuse application will necessitate compliance for all existing
and proposed signage on the lot.
18.65.200 Violation. A. Upon discovery of any violation of this chapter, city officials authorized to enforce this
chapter shall notify in writing the owner or lessee of such violation, who shall be required to
correct the violation within the time specified on the written notice. B. Failure to comply with this chapter after being duly notified shall result in any or all of the
following actions by the zoning officer or any authorized city official on behalf of the city:
1. Maintain a civil action to prevent an unlawful sign use from occurring, to prevent its
continuance or to restrain, correct, or abate any violation of this chapter;
2. Directly issue and/or submit to the proper court for filing and processing an appropriate complaint charging an ordinance violation.
C. Any person owning, leasing, erecting, or controlling any sign in violation of the provisions
of this chapter shall be guilty of a misdemeanor. Each day that the violation exists shall constitute
a separate offense.
Chapter 18.70
VIOLATION, PENALTIES AND SEPARABILITY
Sections: 18.70.010 Complaints of alleged violations - Filing and recording. 18.70.020 Violation - Penalty - Assisting or abetting - Additional remedies.
18.70.010 Complaints of alleged violations - Filing and recording. Whenever a violation of this title occurs or is alleged to have occurred, any person may file a
written complaint. Such complaint stating fully the causes and basis thereof, shall be filed with the
planning director. He shall record properly such complaint and immediately investigate and take
action thereon as provided by this title.
18.70.020 Violation - Penalty - Assisting or abetting - Additional remedies. A. Violation of the provisions of this title or failure to comply with any of its requirements
including violations of conditions and safeguards established in connection with the grant of
variances or conditional uses or any of the requirements for conditions imposed by the
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development review committee, design review board and/or city commission shall constitute a
misdemeanor. Any person who violates this title or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than five hundred dollars or imprisoned not more
than six months, or both, and in addition shall pay all costs and expenses involved in the case. Each
day such violation continues shall be considered a separate offense and punishable as such. B. The code compliance officer is authorized to issue a notice to appear under the provisions of
MCA 46-6-310 to any violator of this title.
C. The owner or tenant of any building. structure, premises, or part thereof, and any architect,
builder, contractor, agent or other person who commits, participates in, assists or maintains, such
violation may each be found guilty of a separate offense and suffer the penalties herein provided. D. Nothing herein contained shall prevent the city from taking such other lawful action as is
necessary to prevent or remedy any violation.