HomeMy WebLinkAboutOrdinance 03- 1604 Adopt UDO, and new official zoning mapORDINANCE NO. 1604
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, REPEALING TITLE 16 OF THE BOZEMAN MUNICIPAL CODE,
SUBDIVISIONS," AND TITLE 18 OF THE BOZEMAN MUNICIPAL CODE,
ZONING," AND ADOPTING BY REFERENCE A NEW TITLE 18, ENTITLED
UNIFIED DEVELOPMENT ORDINANCE," AND ADOPTING BY REFERENCE A
NEW OFFICIAL ZONING MAP.
WHEREAS, on October 22, 2001, the City Commission adopted Resolution No. 3486, adopting
the Bozeman 2020 Community Plan, a growth policy in compliance with Title 76, Chapter 1, Part 6, MCA;
and
WHEREAS, Section 76-2-304, MCA, requires zoning regulations to be in accordance with a
growth policy, and
WHEREAS, Section 76-1-606, MCA, requires subdivision regulations to be in accordance with
a growth policy, and
WHEREAS, the City Commission determined that development of a unified development
ordinance combining and addressing matters relating to both subdivision and zoning had the potential to
improve the land development regulations of Bozeman; and
WHEREAS, the City Commission directed staff to prepare a unified development ordinance for
consideration and possible implementation, and
WHEREAS, staff drafted a unified development ordinance for consideration by the public,
advisory bodies, and elected officials; and
WHEREAS, the draft unified development ordinance was the subject of public notice and joint
public hearings before the Zoning Commission as required by Section 76-2-307 MCA, and the Planning
Board as required by Sections 76-1-107 and 76-1-606, MCA, on August 5,2003 and August 12, 2003; and
WHEREAS, the Zoning Commission forwarded a favorable recommendation regarding regulatory
text and a zoning district map, with specific revisions, to the City Commission for their consideration as
required by Section 76-2-307 MCA; and
WHEREAS, the Planning Board forwarded a favorable recommendation regarding regulatory text
applicable to subdivisions as required by Section 76-1-107 MCA; and
WHEREAS, the City Commission, after public notice was provided, held three public hearings
to take public testimony and consider the recommendations of the Zoning Commission and Planning
Board, on September 2, 2003, September 8, 2003 and September 22, 2003; and
u. ..n. .__ _ __ n.. ___.__.__.__
WHEREAS, the City Commission found that the text of the unified development ordinance as
recommended by the Zoning Commission and Planning Board with certain changes as suggested by staff
were desirable to help bring the City's land use and development regulations into greater compliance with
the City's adopted growth policy; and
WHEREAS, the City Commission found that the unified development ordinance provided a
means superior to the existing zoning and subdivision regulations to conduct reviews of proposed
development, regulate the use, development, and subdivision of land within its borders, and carry out the
purposes of land regulation set forth in state law; and
WHEREAS, the City Commission voted to adopt and implement the proposed unified
development ordinance including both text and map elements and to adopt supplementary materials by
resolution; and
WHEREAS, the City Commission has, after proper notice, public hearing, and recommendation
from the Zoning Commission, previously considered and approved other amendments to the official zoning
map since the last adoption of an official zoning map; and
WHEREAS, for purposes of governmental economy the City Commission wishes to complete
by adoption of a single amended map the amendment process for such previously approved zone map
amendments rather than undertake multiple independent revisions to the official zoning map; and
WHEREAS, a new official zoning map has been prepared which accurately incorporates all of
the previously approved zone map amendments as well as the current amendment.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana, that
Section 1
Title 16, Subdivisions, and Title 18, Zoning, of the Bozeman Municipal Code are hereby repealed,
and a new Title 18, Unified Development Ordinance, attached hereto as Exhibit A and incorporated as
though fully set forth herein, is hereby adopted by reference.
Section 2
That the official zoning map referenced in Chapter 18.06, Bozeman Municipal Code and
authorized by Section 76-2-302, MCA, be replaced in its entirety by a new official zoning map and that such
map shall be as follows:
See Exhibit B
2 -
Section 3
Repealer.
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in
conflict herewith are hereby repealed.
Section 4
Severability.
If any provisions of this ordinance or the application thereof to any person or circumstances is
held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect
without the invalid provision or application and, to this end, the provisions of this ordinance are declared
to be severable.
Section 5
Savings Provision.
This ordinance does not affect the rights or duties that matured, penalties and assessments that
were incurred, approved and permitted projects, or legal proceedings that began before the effective date
of this ordinance.
Section 6
Effective Date.
This ordinance shall be in full force and effect on January 1, 2004.
PASSED by the City Commission of the City of Bozeman, Montana on first reading at a regular
session thereof held on the 10th day of November 2003.
sT-d:R.L~
ATTEST:
C/~
RO N L. SULLIVAN
Clerk of the Commission
3-
PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, on second reading at a regular session thereof held on the 24th day of November 2003.
S~;~~
ATTEST:
J~
R IN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
f}
4-
i
TABLE OF CHAPTERS
Chapter 18.02 General Provisions
Chapter 18.04 Subdivision and Platting Administrative Procedures
Chapter 18.06 Review Procedures for Subdivisions
Chapter 18.08 Land Subdivisions Created By Rent or Lease
Chapter 18.10 Subdivision Exemptions
Chapter 18.12 Subdivision Certificates
Chapter 18.14 Zoning Districts and Zoning Map
Chapter 18.16 Residential Zoning Districts
Chapter 18.18 Commercial Zoning Districts
Chapter 18.20 Industrial Zoning Districts
Chapter 18.22 Public Lands and Institutions District
Chapter 18.24 Northeast Historic Mixed Use District
Chapter 18.26 Requirements for Creation of a Historic Mixed Use District
Chapter 18.28 Neighborhood Conservation Overlay District
Chapter 18.30 Bozeman Entryway Corridor Overlay District
Chapter 18.32 Casino Overlay District
Chapter 18.34 Site Plan Review
Chapter 18.36 Planned Unit Development
Chapter 18.38 General Land Use Standards and Requirements
Chapter 18.40 Standards for Specific Uses
Chapter 18.42 Development Standards
Chapter 18.44 Transportation Facilities and Access
Chapter 18.46 Parking
Chapter 18.48 Landscaping
Chapter 18.50 Park and Recreation Requirements
Chapter 18.52 Signs
Chapter 18.54 Telecommunications
Chapter 18.56 Bozeman Wetland Regulations
Chapter 18.58 Floodplain Regulations
Chapter 18.60 Nonconforming Situations
Chapter 18.62 Development Review Committee (DRC), Design Review Board (DRB),
Administrative Design Review Staff (ADR) and Wetlands Review Board
(WRB)
ii
Chapter 18.64 Administration, Fees and Penalties
Chapter 18.66 Appeals, Deviations and Variance Procedures
Chapter 18.68 Text Amendments
Chapter 18.70 Zoning Map Amendments
Chapter 18.72 Supplementary Documents
Chapter 18.74 Improvements and Guarantees
Chapter 18.76 Noticing
Chapter 18.78 Submittal Materials and Requirements
Chapter 18.80 Definitions
Appendix A Illustrations
Appendix B Development Review Procedures Summary
Appendix C Development Review Process Flowcharts
iii
TABLE OF CONTENTS
CHAPTER 18.02 GENERAL PROVISIONS
18.02.010 Citation .......................................................................................................................................1
18.02.020 Authority .......................................................................................................................................1
18.02.030 Jurisdictional Area and Application..............................................................................................1
18.02.040 Intent and Purpose of Ordinance.................................................................................................1
18.02.050 Interpretation as Minimum Requirements...................................................................................2
18.02.060 Donations or Grants to Public Considered A Grant to Donee...............................................2
18.02.070 Conditions Of Approval ................................................................................................................3
18.02.080 Compliance with Regulations Required.......................................................................................3
18.02.090 Developments That Lie Within Multiple Jurisdictions..............................................................3
18.02.100 Private Restrictions..........................................................................................................................3
18.02.110 Severability .......................................................................................................................................4
CHAPTER 18.04 SUBDIVISION AND PLATTING ADMINISTRATIVE
PROCEDURES
18.04.010 Transfers Of Title............................................................................................................................1
18.04.020 Effect Of Recording Complying Plat...........................................................................................1
18.04.030 Correction of Errors, Amendments or Vacation of Recorded Final Plats.............................2
18.04.040 Correction of Recorded Plat by Governing Body......................................................................2
18.04.050 Disposition of Water Rights..........................................................................................................3
CHAPTER 18.06 REVIEW PROCEDURES FOR SUBDIVISIONS
18.06.010 General Procedure ........................................................................................................................1
18.06.020 Pre-Submittal Meeting and Pre-Application Plan Review.........................................................1
18.06.030 Concurrent Review .......................................................................................................................2
18.06.040 Preliminary Plat .............................................................................................................................2
18.06.050 Notice Of Certification That Water And Waste Services Will Be Provided
By Local Government....................................................................................................................5
18.06.060 Final Plat Application ...................................................................................................................6
18.06.070 Changes To Filed Subdivision Plats.............................................................................................7
CHAPTER 18.08 LAND SUBDIVISIONS CREATED BY RENT OR LEASE
18.08.010 General .......................................................................................................................................1
18.08.020 Procedure, Submittal Requirements and Review Criteria..........................................................2
18.08.030 Timing Of Improvements..............................................................................................................2
18.08.040 Filing Of Final Plan ........................................................................................................................2
CHAPTER 18.10 SUBDIVISION EXEMPTIONS
18.10.010 Divisions of Land Entirely Exempt From the Requirements of This Title And
The Montana Subdivision and Platting Act.................................................................................1
18.10.020 Specific Divisions of Land Exempt From Review But Subject To Survey Requirements
For Divisions of Land Not Amounting To Subdivisions.........................................................2
18.10.030 Exemptions from Surveying and Filing Requirements But Subject to Review......................2
iv
18.10.040 Condominiums................................................................................................................................2
18.10.050 Exemption from Surveying and Platting Requirements for Lands Acquired
For State Highways.........................................................................................................................3
18.10.060 Procedures and General Requirements........................................................................................3
18.10.070 Exemption Review Criteria............................................................................................................5
18.10.080 Procedures for Filing Certificates Of Survey of Divisions of Land Entirely
Exempted From the Requirements of the Act...........................................................................9
18.10.090 Correction of Errors.......................................................................................................................9
CHAPTER 18.12 SUBDIVISION CERTIFICATES
18.12.010 General .......................................................................................................................................1
18.12.020 Dedication or Consent .................................................................................................................1
18.12.030 Mortgagee .......................................................................................................................................2
18.12.040 Park Land ......................................................................................................................................3
18.12.050 Surveyor .......................................................................................................................................4
18.12.060 Improvements .................................................................................................................................4
18.12.070 Governing Body..............................................................................................................................5
18.12.080 Exclusion from MDEQ Review...................................................................................................5
18.12.090 County Treasurer ............................................................................................................................6
18.12.100 Clerk and Recorder .........................................................................................................................6
18.12.110 Certification of Use of Exemption Claim....................................................................................6
CHAPTER 18.14 ZONING DISTRICTS AND ZONING MAP
18.14.010 Use Districts Designated, Zoning Map Adopted .......................................................................1
18.14.020 Official Map Availability, Certification And Authority - Changes...........................................1
18.14.030 Official Map Replacement Conditions.........................................................................................2
18.14.040 Boundary Interpretation Guidelines.............................................................................................2
18.14.050 Classification of Particular Uses - Planning Director and City Commission Authority.......3
18.14.060 Zoning Of Annexed Territory.......................................................................................................4
CHAPTER 18.16 RESIDENTIAL ZONING DISTRICTS
18.16.010 Intent and Purpose of Residential Zoning Districts..................................................................1
18.16.020 Authorized Uses..............................................................................................................................2
18.16.030 Lot Coverage and Floor Area........................................................................................................4
18.16.040 Lot Area and Width.........................................................................................................................4
18.16.050 Yards .......................................................................................................................................5
18.16.060 Building Height................................................................................................................................6
18.16.070 Residential Garages.........................................................................................................................6
18.16.080 Additional RMH District Performance Standards.....................................................................7
CHAPTER 18.18 COMMERCIAL ZONING DISTRICTS
18.18.010 Intent and Purpose of Commercial Zoning Districts................................................................1
18.18.020 Authorized Uses..............................................................................................................................1
18.18.030 Lot Coverage and Floor Area........................................................................................................3
18.18.040 Lot Area and Width........................................................................................................................4
18.18.050 Yards .......................................................................................................................................4
18.18.060 Building Height................................................................................................................................6
v
CHAPTER 18.20 INDUSTRIAL ZONING DISTRICTS
18.20.010 Intent and Purpose of Industrial Zoning Districts.....................................................................1
18.20.020 Authorized Uses..............................................................................................................................1
18.20.030 Lot Coverage and Floor Area........................................................................................................4
18.20.040 Lot Area and Width........................................................................................................................4
18.20.050 Yards .......................................................................................................................................4
18.20.060 Building Height................................................................................................................................5
CHAPTER 18.22 PUBLIC LANDS AND INSTITUTIONS DISTRICT
18.22.010 Intent .......................................................................................................................................1
18.22.020 Applicability......................................................................................................................................1
18.22.030 Authorized Uses..............................................................................................................................1
18.22.040 Lot Area and Width........................................................................................................................1
18.22.050 Lot Coverage....................................................................................................................................1
18.22.060 Yards .......................................................................................................................................2
CHAPTER 18.24 NORTHEAST HISTORIC MIXED USE DISTRICT
18.24.010 Intent and Purpose..........................................................................................................................1
18.24.020 Authorized Uses..............................................................................................................................1
18.24.030 Lot Area and Width........................................................................................................................1
18.24.040 Lot Coverage and Floor Area........................................................................................................1
18.24.050 Yards .......................................................................................................................................2
18.24.060 Building Height................................................................................................................................2
18.24.070 Residential Garages.........................................................................................................................2
18.24.080 Special Standards and Requirements............................................................................................2
CHAPTER 18.26 REQUIREMENTS FOR CREATION OF A HISTORIC
MIXED USE DISTRICT
18.26.010 Description and Purpose................................................................................................................1
18.26.020 Criteria for Establishment of the Historic Mixed Use District................................................1
18.26.030 Historic Mixed Use District Elements.........................................................................................1
18.26.040 Initiation, Procedures and Notice.................................................................................................2
CHAPTER 18.28 NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT
18.28.010 Intent and Purpose..........................................................................................................................1
18.28.020 Design Review Board and Administrative Design Review Staff Powers and Duties
Within Conservation Districts.......................................................................................................2
18.28.030 Conservation District Designation or Recision..........................................................................2
18.28.040 Certificate Of Appropriateness ....................................................................................................3
18.28.050 Standards for Certificates of Appropriateness............................................................................3
18.28.060 Application Requirements for Certificates of Appropriateness in Conservation
Districts .......................................................................................................................................4
18.28.070 Deviations from Underlying Zoning Requirements ..................................................................4
18.28.080 Demolition or Movement of Structures or Sites within the Conservation District..............4
18.28.090 Appeals .......................................................................................................................................6
vi
CHAPTER 18.30 BOZEMAN ENTRYWAY CORRIDOR OVERLAY
DISTRICT
18.30.010 Title .......................................................................................................................................1
18.30.020 Intent and Purpose..........................................................................................................................1
18.30.030 Application of Entryway Corridor Provisions............................................................................1
18.30.040 Design Review Board and Administrative Design Review Staff Powers and Duties
Within Entryway Corridors............................................................................................................2
18.30.050 Certificate Of Appropriateness.....................................................................................................2
18.30.060 Design Criteria and Development Standards in Entryway Corridors ....................................2
18.30.070 Application Requirements for Certificates of Appropriateness in Entryway Corridor........3
18.30.080 Deviation from Overlay or Underlying Zoning Requirements................................................3
18.30.090 Appeals .......................................................................................................................................3
CHAPTER 18.32 CASINO OVERLAY DISTRICT
18.32.010 Intent .......................................................................................................................................1
18.32.020 Application for Zoning Designation............................................................................................1
18.32.030 Authorized Uses..............................................................................................................................1
18.32.040 Restrictions.......................................................................................................................................1
18.32.050 Lot Area and Width........................................................................................................................1
18.32.060 Lot Coverage....................................................................................................................................2
18.32.070 Yards .......................................................................................................................................2
18.32.080 Building Height................................................................................................................................2
CHAPTER 18.34 SITE PLAN REVIEW
18.34.010 Introduction.....................................................................................................................................1
18.34.020 Classification of Site Plans.............................................................................................................1
18.34.030 Special Development Proposals - Additional Application Requirements, Review
Procedures and Review Criteria....................................................................................................2
18.34.040 Review Authority.............................................................................................................................2
18.34.050 Sketch Plan Review.........................................................................................................................2
18.34.060 Application of Site Plan Review Procedures...............................................................................3
18.34.070 Site Plan Review Procedures..........................................................................................................4
18.34.080 Application for Conditional Use Permit - Notice Requirements.............................................4
18.34.090 Site Plan and Master Site Plan Review Criteria...........................................................................5
18.34.100 City Commission Consideration and Findings for Conditional Use Permits.........................8
18.34.110 Certificates Of Appropriateness - Additional Review Procedures and Review Criteria.......9
18.34.120 Public Notice Requirements..........................................................................................................10
18.34.130 Final Site Plan...................................................................................................................................10
18.34.140 Building Permits Based Upon Approved Sketch or Site Plans.................................................11
18.34.150 Amendments to Sketch and Site Plans.........................................................................................11
18.34.160 Modification or Enlargement of Structures Authorized Under A Conditional Use
Permit .......................................................................................................................................11
18.34.170 Reuse, Change in Use or Further Development of Sites Developed Prior To The
Adoption of the Ordinance Codified In This Title....................................................................11
18.34.180 Improvements to Existing Developed Sites Independent of Site Plan Review.....................12
18.34.190 Special Temporary Use Permit......................................................................................................12
18.34.200 Appeals .......................................................................................................................................13
18.34.210 Improvements..................................................................................................................................13
vii
CHAPTER 18.36 PLANNED UNIT DEVELOPMENT
18.36.010 Intent of Planned Unit Development..........................................................................................1
18.36.020 Application and Uses of A Planned Unit Development...........................................................1
18.36.030 Special Conditions Of A Planned Unit Development...............................................................2
18.36.040 Planned Unit Development Review Procedures and Criteria...................................................3
18.36.050 Plan Submittal Requirements.........................................................................................................6
18.36.060 Duration of Planned Unit Development Approval...................................................................6
18.36.070 Phasing Of Planned Unit Developments.....................................................................................7
18.36.080 Enforcement of Approval Requirements and Conditions........................................................9
18.36.090 Planned Unit Development Design Objectives and Criteria....................................................9
18.36.100 North 19th Avenue/West Oak Street Entryway Corridors......................................................14
CHAPTER 18.38 GENERAL LAND USE STANDARDS AND
REQUIREMENTS
18.38.010 Area Requirements for Individual Buildings - Restrictions.......................................................1
18.38.020 Yards And Lots - Reduction Prohibited......................................................................................1
18.38.030 Use Of Lands - Buildings and Structures ....................................................................................1
18.38.040 Dwelling Unit Restrictions.............................................................................................................3
18.38.050 Accessory Buildings, Uses and Equipment.................................................................................3
18.38.060 Yard and Height Encroachments, Limitations and Exceptions...............................................4
18.38.070 Standards for Specific Site Impacts and Elements.....................................................................5
18.38.080 Clean Up Of Property and Revegetation Required....................................................................7
CHAPTER 18.40 STANDARDS FOR SPECIFIC USES
18.40.010 Purpose .......................................................................................................................................1
18.40.020 Applicability ....................................................................................................................................1
18.40.030 Accessory Dwelling Units..............................................................................................................1
18.40.040 Adult Businesses..............................................................................................................................2
18.40.050 Alcohol Sales For On Premise Consumption.............................................................................2
18.40.060 Automobile Repair and/or Fuel Sales..........................................................................................2
18.40.070 Automobile Washing Establishment ...........................................................................................3
18.40.080 Cemeteries .......................................................................................................................................4
18.40.090 Condominiums................................................................................................................................4
18.40.100 Convenience Uses and Drive Through/Drive In Restaurants.................................................4
18.40.110 Home Based Businesses.................................................................................................................4
18.40.120 Manufactured Home Communities..............................................................................................7
18.40.130 Manufactured Homes on Individual Lots ...................................................................................9
18.40.140 Mini Warehouses.............................................................................................................................11
18.40.150 Outdoor Sales and Display ............................................................................................................11
18.40.160 Portable Carry - Out Food and Beverage Buildings ..................................................................11
18.40.170 Recreational Vehicle Park and Overnight Campground...........................................................12
18.40.180 Large Scale Retail, Size Limitations and Design and Site Development Guidelines
And Requirements...........................................................................................................................13
18.40.190 Stable, Commercial..........................................................................................................................15
18.40.200 Tennis and Racquet Club...............................................................................................................16
viii
CHAPTER 18.42 DEVELOPMENT STANDARDS
18.42.010 General Standards...........................................................................................................................1
18.42.020 Neighborhood Centers...................................................................................................................1
18.42.030 Lot .......................................................................................................................................2
18.42.040 Blocks .......................................................................................................................................3
18.42.050 Utilities .......................................................................................................................................4
18.42.060 Easements .......................................................................................................................................4
18.42.070 Municipal Water, Sanitary Sewer and Storm Sewer Systems....................................................6
18.42.080 Grading and Drainage.....................................................................................................................7
18.42.090 Fire Protection Requirements........................................................................................................8
18.42.100 Watercourse Setback.......................................................................................................................8
18.42.110 Ridgelines and Viewsheds..............................................................................................................11
18.42.120 Mail Delivery....................................................................................................................................12
18.42.130 Fences, Walls And Hedges.............................................................................................................12
18.42.140 Off-Street Loading Berth Requirements......................................................................................13
18.42.150 Lighting .......................................................................................................................................14
18.42.160 Outdoor Storage..............................................................................................................................21
18.42.170 Trash and Garbage Enclosures.....................................................................................................21
18.42.180 Provision of Affordable Housing.................................................................................................22
CHAPTER 18.44 TRANSPORTATION FACILITIES AND ACCESS
18.44.010 Streets, General................................................................................................................................1
18.44.020 Street and Road Dedication...........................................................................................................2
18.44.030 Intersections ...................................................................................................................................3
18.44.040 Street Names ...................................................................................................................................4
18.44.050 Off-Site Street and Road Standards .............................................................................................4
18.44.060 Street Improvement Standards......................................................................................................4
18.44.070 Street Lighting..................................................................................................................................5
18.44.080 Sidewalks .......................................................................................................................................5
18.44.090 Access .......................................................................................................................................5
18.44.100 Street Vision Triangle.....................................................................................................................10
18.44.110 Transportation Pathways................................................................................................................10
18.44.120 Public Transportation.....................................................................................................................12
CHAPTER 18.46 PARKING
18.46.010 General Provisions..........................................................................................................................1
18.46.020 Stall, Aisle and Driveway Design..................................................................................................2
18.46.030 Maintenance of Parking Areas ......................................................................................................4
18.46.040 Number of Parking Spaces Required...........................................................................................4
18.46.050 Joint Use of Parking Facilities.......................................................................................................11
18.46.060 Off-Site Parking...............................................................................................................................12
CHAPTER 18.48 LANDSCAPING
18.48.010 Purpose and Intent..........................................................................................................................1
18.48.020 Interpretation and Scope................................................................................................................1
18.48.030 General Landscaping Provisions...................................................................................................2
18.48.040 Landscape Plan Review..................................................................................................................2
ix
18.48.050 Mandatory Landscaping Provisions..............................................................................................2
18.48.060 Landscape Performance Standards...............................................................................................5
18.48.070 Landscaping of Public Lands.........................................................................................................8
18.48.080 Deviation from Landscaping Requirements................................................................................9
18.48.090 Landscaping Completion................................................................................................................9
18.48.100 General Maintenance......................................................................................................................9
CHAPTER 18.50 PARK AND RECREATION REQUIREMENTS
18.50.010 General .......................................................................................................................................1
18.50.020 Park Requirements..........................................................................................................................1
18.50.030 Cash Donation In-Lieu of Land Dedication ..............................................................................1
18.50.040 Park Use .......................................................................................................................................2
18.50.050 Location .......................................................................................................................................2
18.50.060 Frontage .......................................................................................................................................2
18.50.070 Linear Parks......................................................................................................................................3
18.50.080 Park Development ..........................................................................................................................3
18.50.090 Waiver of Park Maintenance District...........................................................................................4
18.50.100 Waiver of Park Dedication ..........................................................................................................4
18.50.110 Recreation Pathways.......................................................................................................................5
CHAPTER 18.52 SIGNS
18.52.010 Intent and Purposes........................................................................................................................1
18.52.020 Sign Permit Requirements..............................................................................................................1
18.52.030 Prohibited Signs...............................................................................................................................1
18.52.040 Permitted Temporary and Special Event Signs...........................................................................2
18.52.050 Signs Exempt From Permit Requirements..................................................................................2
18.52.060 Signs Permitted Upon the Issuance of a Sign Permit................................................................3
18.52.070 Comprehensive Sign Plan ..............................................................................................................5
18.52.080 Multitenant Complexes with Less Than 100,000 Square Feet of Ground Floor Area.........5
18.52.090 Multitenant Complexes with More Than 100,000 Square Feet of Ground Floor Area.......5
18.52.100 Indoor Shopping Mall Complexes with More Than 100,000 Square Feet of Ground
Floor Area .......................................................................................................................................6
18.52.110 Illumination......................................................................................................................................6
18.52.120 Street Vision Triangles....................................................................................................................6
18.52.130 Required Address Signs..................................................................................................................6
18.52.140 Billboards .......................................................................................................................................6
18.52.150 Signs Erected In Conjunction with Non-Profit Activities on Public Property......................7
18.52.160 Historic or Culturally Significant Signs........................................................................................7
18.52.170 Application.......................................................................................................................................7
18.52.180 Maintenance of Permitted Signs....................................................................................................7
18.52.190 Nonconforming Signs.....................................................................................................................8
CHAPTER 18.54 TELECOMMUNICATIONS
18.54.010 Intent, Purpose and Applicability .................................................................................................1
18.54.020 Special Submittal Requirements ...................................................................................................2
18.54.030 Uses Within Districts and Required Review Procedures...........................................................2
18.54.040 Standards .......................................................................................................................................4
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CHAPTER 18.56 BOZEMAN WETLAND REGULATIONS
18.56.010 Title .......................................................................................................................................1
18.56.020 Intent and Purpose..........................................................................................................................1
18.56.030 Application of Wetland Regulations.............................................................................................2
18.56.040 Wetlands Review Board Powers and Duties ..............................................................................2
18.56.050 Wetlands Mapping...........................................................................................................................3
18.56.060 Regulated Activities.........................................................................................................................3
18.56.070 Application Requirements and Procedures for Regulated Activities in Regulated
Wetland Areas..................................................................................................................................4
18.56.080 Review Standards.............................................................................................................................5
18.56.090 Wetland Permit Conditions ...........................................................................................................5
18.56.100 Appeals .......................................................................................................................................6
18.56.110 Enforcement....................................................................................................................................6
CHAPTER 18.58 FLOODPLAIN REGULATIONS
18.58.010 Title .......................................................................................................................................1
18.58.020 Purpose .......................................................................................................................................1
18.58.030 Jurisdictional Area...........................................................................................................................2
18.58.040 Floodplain Regulation Establishment and Applicability...........................................................2
18.58.050 Abrogation and Greater Responsibility........................................................................................2
18.58.060 Floodplain Administrator...............................................................................................................2
18.58.070 Regulation Interpretation...............................................................................................................2
18.58.080 Compliance with Regulations........................................................................................................2
18.58.090 Flood Hazard Evaluation...............................................................................................................2
18.58.100 Rules For Interpretation of Floodplain District Boundaries....................................................4
18.58.110 Warning and Disclaimer of Liability.............................................................................................5
18.58.120 Disclosure Provision.......................................................................................................................5
18.58.130 Administration of Regulations.......................................................................................................5
18.58.140 Permit Applications.........................................................................................................................6
18.58.150 Emergency Waiver..........................................................................................................................7
18.58.160 Review - Variances - Appeals .......................................................................................................8
18.58.170 Floodplain Development - Compliance.......................................................................................8
18.58.180 Emergency Preparedness - Planning............................................................................................8
18.58.190 Applications - Specific Standards..................................................................................................8
18.58.200 Floodway - Uses Allowed Without Floodplain Permits............................................................8
18.58.210 Floodway - Uses Requiring Floodplain Permits.........................................................................8
18.58.220 Floodway - Permits For Flood Control Works ..........................................................................10
18.58.230 Floodway - Permits For Water Diversions..................................................................................11
18.58.240 Floodway - Prohibited Uses...........................................................................................................11
18.58.250 Floodway Fringe - Uses Allowed Without Permits....................................................................11
18.58.260 Floodway Fringe - Uses Requiring Permits.................................................................................11
18.58.270 Floodway Fringe - Prohibited Uses..............................................................................................13
18.58.280 Floodplain Areas with Flood Elevations and No Delineated Floodway................................13
18.58.290 Shallow Flooding (AO Zones)......................................................................................................13
18.58.300 Applicability to Unnumbered A Zones........................................................................................14
18.58.310 A Zones - Uses Allowed Without Permits..................................................................................14
18.58.320 A Zones - Uses Requiring Permits...............................................................................................14
18.58.330 A Zones - Prohibited Uses.............................................................................................................14
18.58.340 A Zones - Floodplain Boundary Interpretation..........................................................................14
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18.58.350 Floodproofing Requirements - Certification...............................................................................14
18.58.360 Floodproofing Requirements - Conformance ............................................................................15
18.58.370 Floodproofing Requirements - Electrical Systems.....................................................................15
18.58.380 Floodproofing Requirements - Heating Systems........................................................................15
18.58.390 Floodproofing Requirements - Plumbing Systems ....................................................................15
18.58.400 Violation Notice..............................................................................................................................15
18.58.410 Violation - Penalty...........................................................................................................................15
CHAPTER 18.60 NONCONFORMING SITUATIONS
18.60.010 Nonconforming Uses.....................................................................................................................1
18.60.020 Changes To Or Expansions of Nonconforming Uses..............................................................1
18.60.030 Nonconforming Area and Bulk Requirements for Existing Lots............................................2
18.60.040 Nonconforming Structures............................................................................................................2
18.60.050 Changes To Or Expansions of Nonconforming Structures.....................................................3
18.60.060 Expansions of Nonconforming Buildings Containing Conforming Uses..............................3
CHAPTER 18.62 DEVELOPMENT REVIEW COMMITTEE (DRC), DESIGN
REVIEW BOARD (DRB), ADMINISTRATIVE DESIGN REVIEW STAFF
(ADR) AND WETLANDS REVIEW BOARD (WRB)
18.62.010 Purpose Of DRC, DRB, ADR and WRB....................................................................................1
18.62.020 General Procedures, Notice and Timing.....................................................................................5
CHAPTER 18.64 ADMINISTRATION, FEES AND PENALTIES
18.64.010 Review Authority.............................................................................................................................1
18.64.020 Administration and Enforcement - Planning Director Authority............................................1
18.64.030 Enforcement - Planning Director.................................................................................................2
18.64.040 Stop-Work Order - Planning Director, Building Official, City Engineer Authority.............2
18.64.050 Permission to Enter........................................................................................................................2
18.64.060 Inaccurate or Incomplete Information and Waivers..................................................................2
18.64.070 Coordinated Reviews......................................................................................................................3
18.64.080 Date of Submittal and Associated Review Standards................................................................3
18.64.090 Planning Director and Building Official - Plan Application Checking –
Notice of Noncompliance..............................................................................................................3
18.64.100 Building Permit Requirements.......................................................................................................3
18.64.110 Permit Issuance - Conformity with Regulations Required........................................................4
18.64.120 Permits Issued Contrary To Title Deemed Void........................................................................4
18.64.130 Expiration of Permits.....................................................................................................................5
18.64.140 Fee Schedule.....................................................................................................................................5
18.64.150 Complaints of Alleged Violations - Filing and Recording.........................................................5
18.64.160 Violation - Penalty - Assisting or Abetting - Additional Remedies..........................................5
CHAPTER 18.66 APPEALS, DEVIATIONS AND VARIANCE PROCEDURES
18.66.010 Purposes .......................................................................................................................................1
18.66.020 Hearing and Notice Requirements................................................................................................2
18.66.030 Administrative Project Decision Appeals....................................................................................2
18.66.040 Administrative Interpretation Appeals ........................................................................................3
18.66.050 Deviations .......................................................................................................................................4
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18.66.060 Zoning Variances.............................................................................................................................4
18.66.070 Subdivision Variances.....................................................................................................................6
18.66.080 Appeals From City Commission Actions....................................................................................6
CHAPTER 18.68 TEXT AMENDMENTS
18.68.010 Initiation of Amendments and Changes......................................................................................1
18.68.020 Amendments - Investigation Requirements................................................................................1
18.68.030 Public Hearing Procedures and Requirements............................................................................1
18.68.040 Protest to Zoning Changes............................................................................................................2
CHAPTER 18.70 ZONING MAP AMENDMENTS
18.70.010 Initiation of Amendments and Changes......................................................................................1
18.70.020 Amendments and Rezonings - Investigation Requirements.....................................................1
18.70.030 Public Hearing Procedures and Requirements............................................................................2
CHAPTER 18.72 SUPPLEMENTARY DOCUMENTS
18.72.010 Supplementary Documents............................................................................................................1
18.72.020 Property Owners Association .....................................................................................................1
18.72.030 Covenants .......................................................................................................................................2
18.72.040 Common Area and Facility Maintenance Plan and Guarantee.................................................2
CHAPTER 18.74 IMPROVEMENTS AND GUARANTEES
18.74.010 Purpose and Applicability .............................................................................................................1
18.74.020 Standards for Improvements.........................................................................................................1
18.74.030 Completion of Improvements.......................................................................................................3
18.74.040 Special Provisions For Timing of Certain Improvements ........................................................8
18.74.050 Acceptance of Improvements.......................................................................................................8
18.74.060 Improvements Agreements............................................................................................................9
18.74.070 Payment for Extension of Capital Facilities................................................................................12
18.74.080 Types Of Acceptable Securities.....................................................................................................12
18.74.090 Development or Maintenance of Common Areas and Facilities by Developer or
Property Owners Association........................................................................................................12
18.74.100 Warranty .......................................................................................................................................13
CHAPTER 18.76 NOTICING
18.76.010 Purpose .......................................................................................................................................1
18.76.020 Contents Of Notice ........................................................................................................................1
18.76.030 Notice Requirements for Application Processing......................................................................2
18.76.040 Notice Of City Approval within Neighborhood Conservation and Entryway Overlay
Districts .......................................................................................................................................3
CHAPTER 18.78 SUBMITTAL MATERIALS AND REQUIREMENTS
18.78.010 General .......................................................................................................................................1
18.78.020 Streambed, Streambank and/or Wetlands Permits....................................................................1
18.78.030 Subdivision Pre-Application Plan ...............................................................................................1
18.78.040 Subdivision Preliminary Plat .........................................................................................................3
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18.78.050 Preliminary Plat Supplements Required For All Subdivisions .................................................4
18.78.060 Additional Subdivision Preliminary Plat Supplements...............................................................5
18.78.070 Final Plat .......................................................................................................................................12
18.78.080 Site Plan Submittal Requirements.................................................................................................13
18.78.090 Certificates of Appropriateness - Additional Application Requirements, Review
Procedures and Review Criteria....................................................................................................16
18.78.100 Submittal Requirements for Landscape Plans.............................................................................17
18.78.110 Sketch Plan Submittal Requirements............................................................................................18
18.78.120 Planned Unit Development Submittal Requirements................................................................18
18.78.130 Submittal Materials for Regulated Activities in Wetlands.........................................................22
18.78.140 Submittal Materials for Appeals of Administrative Project Decisions....................................22
18.78.150 Administrative Interpretation Appeals.........................................................................................23
18.78.160 Submittal Materials for Variances.................................................................................................23
18.78.170 Submittal Materials for Telecommunications .............................................................................24
CHAPTER 18.80 DEFINITIONS
18.80.010 Definition of Terms and Interpretation of Language................................................................1
18.80.020 – 18.80.3250 Definitions of Individual Terms............................................................................1-37
APPENDICES
Appendix A Illustrations............................................................................................................... Appendices -1
Appendix B Development Review Procedures Summary....................................................... Appendices-13
Appendix C Development Review Process Flowcharts.......................................................... Appendices-15
Note: Appendix A has been adopted by resolution as an aid to interpretation of the ordinance standards.
Appendices B & C are attached purely as informational items and have no regulatory effect.
xiv
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CHAPTER 18.02
GENERAL PROVISIONS
18.02.010 CITATION
This title shall be known and cited as the Unified Development Ordinance of the City of Bozeman, except
when cited herein, where it shall be referred to as “this title.”
18.02.020 AUTHORITY
This title is adopted by authority of '76-2-301 et seq., '76-3-101 et seq. and '7-3-701 et seq., MCA.
Additional City authority is granted by various other sections of state law and the authority granted by
those sections is incorporated as if set forth herein.
18.02.030 JURISDICTIONAL AREA AND APPLICATION
These regulations govern the division, development and use of land within the limits of the City of
Bozeman and lands proposed for annexation to the City of Bozeman. These regulations shall apply to all
private and public lands, all uses thereon, and all structures and buildings over which the City has jurisdic-
tion under the constitution and laws of the State of Montana or pursuant to the City’s powers.
18.02.040 INTENT AND PURPOSE OF ORDINANCE
A. The intent of this unified development ordinance is to protect the public health, safety and general
welfare; to recognize and balance the various rights and responsibilities relating to land ownership,
use, and development identified in the United States and State of Montana constitutions, and
statutory and common law; to implement the City’s adopted growth policy; and to meet the re-
quirements of state law.
B. It is the purpose of these regulations to promote the public health, safety and general welfare by
regulating the subdivision, development and use of land; to prevent the overcrowding of land; to
lessen congestion in the streets and highways; to provide adequate light, air, water supply, sewage
disposal, parks and recreation areas, ingress and egress, and other public improvements; to require
development in harmony with the natural environment; to promote preservation of open space; to
promote development approaches that minimize costs to local citizens and that promote the effec-
tive and efficient provision of public services; to protect the rights of property owners; to require
uniform monumentation of land subdivisions and transferring interests in real property by refer-
ence to a plat or certificate of survey; secure safety from fire, panic and other dangers; to avoid
undue concentration of population; to facilitate the adequate provision of transportation, water,
sewerage, schools and other public requirements; to give reasonable consideration in the review of
development proposals to the character of the district and its peculiar suitability for particular uses;
to conserve the value of buildings; and to encourage the most appropriate use of land throughout
the municipality. ('76-2-304 and '76-3-102, MCA).
C. Further, to support the purposes of '76-2-304 and '76-3-102, MCA, these regulations are in-
tended to promote and to provide for the:
1. Orderly development of the City;
2. Coordination of streets within subdivided land with other streets and roads, both existing
and planned;
3. Dedication of land for streets and roadways and for public utility easements;
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4. Improvement of streets;
5. Adequate open spaces for travel, light, air and recreation;
6. Adequate transportation, water, drainage and sanitary facilities;
7. Avoidance or minimization of congestion;
8. Avoidance of unnecessary environmental degradation;
9. Encouragement of subdivision development in harmony with the natural environment;
10. Avoidance of danger or injury to health, safety or general welfare by reason of natural
hazard or the lack of water, sewer, drainage, access, transportation or other public services;
11. Avoidance of excessive expenditure of public funds for the provision of public services;
12. Manner and form of making and filing of plats for subdivided lands;
13. Administration of these regulations, by defining the powers and the duties of approving
authorities, including procedures for the review and approval of all subdivision plats;
14. Division of the City into districts with uniformly applicable standards for development
within each district;
15. To establish standards for the development and use of land;
16. To establish procedures for the review and approval for the development and use of land;
and
17. The establishment of all other requirements necessary to meet the purposes of this title.
D. Pursuant to '76-2-304, '76-1-605 and '76-1-606, MCA, these regulations are also intended to
implement the goals and objectives of the Bozeman 2020 Community Plan, a growth policy for
the City of Bozeman. In the case of a difference of meaning or implication between this title and
the City’s adopted growth policy, the growth policy shall control.
18.02.050 INTERPRETATION AS MINIMUM REQUIREMENTS
A. In their interpretation and application, the provisions of this title shall be held to be minimum
requirements adopted for the promotion of the health, safety and general welfare of the commu-
nity. In some instances the public interest will be best served when such minimums are exceeded.
Wherever the requirements of this title are at variance with the requirements of any other lawfully
adopted rules or regulations, or wherever there is an internal conflict within this title, the most
restrictive requirements, or that imposing the higher standards, shall govern.
B. In the case of a difference of meaning or implication between the text of this title and the captions
or headings for each section, the text shall control.
C. When interpreting the meaning of this title, subsections of the ordinance shall be construed in a
manner that will give effect to them all as the ordinance derives its meaning from the entire body
of text taken together.
D. These regulations shall apply uniformly within each zoning district to each class or kind of struc-
ture, land or development as set forth in this title.
18.02.060 DONATIONS OR GRANTS TO PUBLIC CONSIDERED A GRANT TO DONEE
Every donation or grant to the public or to any person, society or corporation marked or noted on a plat or
plan is to be considered a grant to the donee.
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18.02.070 CONDITIONS OF APPROVAL
A. Regulation of the subdivision and development of land, and the attachment of reasonable condi-
tions to land subdivided or developed, or a use undertaken, is an exercise of valid police power
delegated by the State of Montana to the City. Persons undertaking the subdivision, development
or use of land have the duty of complying with reasonable conditions for design, dedication,
improvement and restrictive use of the land so as to conform to the physical and economic devel-
opment of the City, and to the safety and general welfare of the future lot owners and of the
community at large. Such conditions may require compliance with more than the minimum stan-
dards established by this title.
B. Conditions of approval may not be added after final action to grant preliminary approval to a
proposed subdivision or other development unless:
1. The conditions are necessary to correct inaccurate or incomplete information provided
with an application, which error is discovered after the original approval action; and
2. The project is not completed within the time period provided in the approval or by this
title.
However, should the owner seek material modifications (e.g. changes to the intent, nature, or scope
of a subdivision or development, or necessary improvements) to a previously approved subdivi-
sion, development or condition of approval, the entire application shall be considered to be again
opened for review and additional conditions may be applied. Modifications of conditions of ap-
proval shall be reviewed through the same process as the original application. Final action includes
the resolution of any appeals.
C. Mandatory compliance with the explicit terms of this title does not constitute conditions of ap-
proval and is not affected by the limitations of subsection B of this section.
18.02.080 COMPLIANCE WITH REGULATIONS REQUIRED
A. No land shall hereafter be subdivided, used or occupied, and no building, structure or part thereof
shall hereafter be erected, constructed, reconstructed, moved or structurally altered, and no devel-
opment shall commence unless it is in conformity with all of the regulations herein specified for
the district in which it is located.
B. To the extent reasonable, all City-owned land shall be subject to applicable regulations of the
underlying zoning district. Development of such land shall be subject to approval by the City
Commission upon review of the development review committee and other review bodies as may
be required by this title.
18.02.090 DEVELOPMENTS THAT LIE WITHIN MULTIPLE JURISDICTIONS
If a proposed development lies partly within the City of Bozeman and partly within unincorporated Gall-
atin County, the proposed development must be submitted to and approved by both the City and Gallatin
County.
18.02.100 PRIVATE RESTRICTIONS
This title is not intended to affect any existing private agreement or condition such as a deed restriction or
covenant. If any provision of this title is more restrictive or imposes a higher standard than any such
private restriction, the requirements of this title shall control. Where the provisions of any private restric-
tion are more restrictive or impose higher standards than the provisions of this title, the City has no duty to
enforce such private restrictions or advise of their existence. The City may enforce a private restriction if
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the City is a party to such covenant or restriction, if such restriction was required by the City, or if it was
relied upon by the City during the land development process in order to meet the requirements of this title
or another required standard. The City may prohibit private restrictions that violate matters of law. Cov-
enants are subject to the requirements of '18.72.030, BMC.
18.02.110 SEVERABILITY
Where any word, phrase, clause, sentence, paragraph, or section or other part of these regulations is held
invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such judg-
ment shall affect only that part held invalid and such decision shall not affect, impair or nullify this title as
a whole or any other part thereof. Insofar as these regulations are more restrictive than any other local law,
these regulations shall be controlling, and if any other law is more restrictive, the higher standard shall take
precedence over a standard set forth in these regulations.
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CHAPTER 18.06
REVIEW PROCEDURES FOR SUBDIVISIONS
18.06.010 GENERAL PROCEDURE
Every plat of subdivision must be reviewed, approved and filed for record with the County Clerk and
Recorder in accordance with the procedures contained herein before title to the subdivided land can be
sold or transferred in any manner. Subdivisions containing six or more lots shall be considered major
subdivisions. Subdivisions containing five or fewer lots, in which proper access to all lots is provided and
in which no land is to be dedicated to public use for parks and playgrounds, shall be minor subdivisions.
18.06.020 PRE-SUBMITTAL MEETING AND PRE-APPLICATION PLAN REVIEW
The purpose of a pre-submittal meeting or pre-application plan review is to discuss this title and these
standards, to familiarize the developer with the goals and objectives of applicable plans, regulations and
ordinances, and to discuss the proposed subdivision as it relates to these matters.
A.Minor Subdivisions. Prior to the submittal of a preliminary plat application for a minor subdivi-
sion, the developer shall either have a pre-submittal meeting with the Planning Department, or
submit an application for pre-application plan review. The Planning Department may, during a
pre-submittal meeting, require a developer to submit a pre-application plan, if, in the opinion of
the Planning Department, pre-application review comments should be obtained from other re-
viewing agencies.
B.Major Subdivisions. Prior to the submittal of a preliminary plat application for a major subdivi-
sion, the developer shall submit an application for pre-application plan review. The developer is
encouraged to have a pre-submittal meeting with the Planning Department prior to submitting a
pre-application plan.
C.Pre-application Plan Review. For pre-application plan review, the developer shall submit a com-
plete application for pre-application plan review, the appropriate review fee, and copies of all
required pre-application information as set forth in '18.78.030, BMC.
1.Planning Department Review. The Planning Department shall review the pre-application
plan and advise the developer as to whether the plans and data meet the goals and objec-
tives of applicable plans and this title.
a.Agency Review. The Planning Department will distribute the pre-application
information to appropriate County and City departments and state and federal
agencies for review and written comment. All written comments received from
various agencies, along with the Planning Department’s comments regarding
whether the plans and data meet the standards, goals and objectives of applicable
plans, ordinances, and this title, will be forwarded to the applicant to aid in the
preparation of the preliminary plat.
b.Time for Review. The Planning Department shall review the pre-application plan
and within thirty working days advise the developer as to whether the plans and
data meet the goals and objectives of applicable plans and this title. Every effort
shall be made by the Planning Department to obtain department and agency com-
ment within this time period.
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2.Optional Planning Board Review. If the developer so wishes, he/she may request in
writing that the Planning Board review pre-application plans. The letter of request and
additional copies of the pre-application materials are required for this optional review.
a. The request must be received at least thirty working days prior to the Planning
Board meeting at which it is to be considered. The application will be submitted
to the Planning Board at their next available meeting. A copy of the approved
minutes of the Planning Board meeting will be forwarded to the developer.
18.06.030 CONCURRENT REVIEW
The developer has the option of submitting a Department of Environmental Quality (DEQ)/Local
Government Joint Application Form in the place of a Preliminary Plat Application Form, and to request
concurrent subdivision review by the Department of Environmental Quality and the City Commission,
pursuant to '76-4-129, MCA.
18.06.040 PRELIMINARY PLAT
After the requirement for a pre-submittal meeting or pre-application plan review has been satisfied, the
developer may submit a preliminary plat application. Preliminary plat applications shall be submitted,
along with the appropriate review fee and all required preliminary plat information as set forth in Chapter
18.78, BMC, to the Planning Department and must conform to the requirements of this title. The
preliminary plat shall be prepared by a surveyor licensed to practice in Montana.
A.Completeness of Application. The Planning Department shall review the application within
three working days to determine if the application is complete. The review period shall begin on
the date that the Planning Department determines the application is complete. An application is
complete only if it contains all of the information required by this title. If the application is
incomplete, the application, review fee and a written explanation of why the application is in-
complete will be returned to the developer.
B.Review by Affected Agencies. The Planning Department may submit copies of the preliminary
plat and supplementary information to relevant utilities and public agencies for review and com-
ment, and to the Planning Board for its advice pertaining to the approval or disapproval of the
plat or subdivision. Review by public agencies or utilities shall not delay the City Commission’s
consideration of the preliminary plat beyond the statutory specified review period.
C.Planning Board Review. At a regularly noticed meeting, the Planning Board shall review all
preliminary plats, together with required supplementary plans and information, and determine
whether the plat is in compliance with the City’s growth policy.
2.Planning Board Recommendation. Within ten calendar days of their review, the Planning
Board shall submit in writing to the City Commission, a resolution forwarding its advice
regarding compliance with the City’s growth policy, and a recommendation for approval,
conditional approval or disapproval of the plat.
D.City Commission Review. The City Commission shall review and take action on all proposed
subdivisions.
1. The following requirements for a public hearing or a public meeting, and for statutory
review periods, shall be met:
a.First Minor Subdivision Created from a Tract of Record. The City Commission
shall consider the application and the Planning Board’s recommendation during a
regular public meeting of the Commission. The City Commission shall approve,
06-3
conditionally approve or disapprove the preliminary plat of a first minor subdivi-
sion within thirty-five working days of determination that the application is com-
plete, unless there is a written extension from the developer.
(1)Variance Requests for Minor Subdivisions. If the developer of a minor
subdivision is requesting a variance from any requirement of this title, the
procedures of '18.66.070, BMC must be followed. Due to the require-
ment for a public hearing on variance requests, the developer shall pro-
vide the Planning Department with a written extension of the thirty-five
working day review period at the time the preliminary plat application and
variance request are submitted.
b.Subdivisions Eligible for Summary Review. The City Commission shall consider
the application and the Planning Board’s recommendation during a regular public
meeting of the Commission. The City Commission shall approve, conditionally
approve or disapprove a proposed subdivision that is eligible for summary review
within thirty-five calendar days of determination that the application is com-
plete, unless there is a written extension from the developer. Minor subdivisions
are eligible for summary review if the plat has been approved by the Montana
Department of Environmental Quality whenever approval is required by '76-4-
101 et seq., MCA.
c.Second or Subsequent Minor Subdivision Created From a Tract of Record. For
the second or subsequent minor subdivision created from a tract of record, the
City Commission shall hold a public hearing on the preliminary plat. The City
Commission shall approve, conditionally approve or disapprove the preliminary
plat of a second or subsequent minor subdivision within sixty working days of
determination that the application is complete, unless there is a written extension
from the developer.
d.Major Subdivisions. For a major subdivision, the City Commission shall hold a
public hearing on the preliminary plat. The City Commission shall approve, con-
ditionally approve or disapprove the preliminary plat within sixty working days of
determination that the application is complete, unless there is a written extension
from the developer.
2.Criteria for City Commission Action. The basis for the City Commission’s decision to
approve, conditionally approve or disapprove the subdivision shall be whether the pre-
liminary plat, public hearing if required, Planning Board advise and recommendation and
additional information demonstrates that development of the subdivision complies with
this title, the City’s growth policy, the Montana Subdivision and Platting Act and other
adopted state and local ordinances, including, but not limited to, applicable zoning re-
quirements. The City Commission may not deny approval of a subdivision based solely
on the subdivision’s impacts on educational services. When deciding to approve, condi-
tionally approve or disapprove a preliminary plat, the City Commission shall:
a. Review the preliminary plat, together with required supplementary plans and in-
formation, to determine if it meets the requirements of this title, the develop-
ment standards and policies of the City’s growth policy, the Montana Subdivision
and Platting Act, and other adopted state and local ordinances, including but not
limited to applicable zoning requirements.
06-4
b. Consider written comments from appropriate public agencies, utilities or other
members of the public.
c. Consider the following:
(1) Relevant evidence relating to the public health, safety and welfare;
(2) Other regulations, code provisions or policies in effect in the area of the
proposed subdivision;
(3) The recommendation of the Planning Board; and
(4) Any relevant public testimony.
3.City Commission Action. If the City Commission disapproves or conditionally approves
the preliminary plat, it shall forward one copy of the plat to the developer accompanied
by a letter over the appropriate signature stating the reason for disapproval or enumerat-
ing the conditions that must be met to ensure approval of the final plat. This written
statement must include:
a. The reason for the denial or condition imposition;
b. The evidence that justifies the denial or condition imposition; and
c. Information regarding the appeal process for the denial or condition imposition.
4.Mitigation. The City Commission may require the developer to design the subdivision to
reasonably minimize potentially significant adverse impacts identified through the review
required by this title. The City Commission shall issue written findings to justify the
reasonable mitigation required by this title. The City Commission may not unreasonably
restrict a landowner’s ability to develop land, but it is recognized that in some instances
the unmitigated impacts of a proposed development may be unacceptable and will pre-
clude approval of the plat. When requiring mitigation under this subsection, the City
Commission shall consult with the developer and shall give due weight and consideration
to the expressed preference of the developer.
5.Findings of Fact. The City Commission shall issue written findings of fact that discuss
and weigh the following criteria, as applicable (pursuant to '76-3-608, MCA):
a. Compliance with the survey requirements of the Montana Subdivision and Plat-
ting Act;
b. Compliance with this title and the review process of these regulations;
c. The provision of easements for the location and installation of any necessary
utilities;
d. The provision of legal and physical access to each parcel within the subdivision
and the notation of that access on the applicable plat and any instrument trans-
ferring the parcel; and
e. For major subdivisions, the findings of fact shall also address the effect on agri-
culture, agricultural water user facilities, local services, the natural environment,
wildlife and wildlife habitat, and public health and safety.
6.Preliminary Plat Approval Period. Upon approving or conditionally approving a prelimi-
nary plat, the City Commission shall provide the developer with a dated and signed state-
ment of approval. This approval shall be in force for not more than one calendar year for
minor subdivisions, two years for single-phased major subdivisions and three years for
multi-phased major subdivisions. At the end of this period, the City Commission may, at
06-5
the written request of the developer, extend its approval for no more than one calendar
year, except that the City Commission may extend its approval for a period of more than
one year if that approval period is included as a specific condition of a written subdivi-
sion improvements agreement between the City Commission and the developer, pro-
vided for in '18.74.060, BMC.
7.Changes to Conditions After Approval. Upon written request of the developer, the City
Commission may amend conditions of preliminary plat approval where it can be found
that errors or changes beyond the control of the developer have rendered a condition
unnecessary, impossible or illegal. Changes to conditions that are not unnecessary, im-
possible or illegal shall be subject to the provisions of '18.02.070, BMC.
a. The written request shall be submitted to the Planning Department.
b. The written consent of all purchasers of land (via contract for deed, etc.) shall be
included with the written request to amend conditions.
c. If it is an application for a major subdivision, the City Commission shall conduct
a public hearing on the request. If it is an application for a minor subdivision, the
City Commission shall consider the request at a regularly scheduled meeting.
(1) If a public hearing is held, public notice of the hearing shall be given in
accordance with this title.
d. The City Commission may approve the requested change if it meets the criteria
set forth in this title.
e. The City Commission shall issue written findings of fact as required in this title.
18.06.050 NOTICE OF CERTIFICATION THAT WATER AND WASTE SERVICES WILL
BE PROVIDED BY LOCAL GOVERNMENT
If the developer is proposing to request an exemption from the Department of Environmental Quality
(DEQ) for infrastructure plan and specification review, the preliminary plat application shall include a
written request from the developer’s professional engineer, licensed in the state of Montana, that indicates
the intent to request the exemption, and details the extent of water, sewer and stormwater
infrastructure that will be completed within one year of preliminary plat approval. A detailed prelimi-
nary storm water drainage plan must also be submitted with the written request. The Director of Public
service shall, within twenty days after the findings of fact for the approved preliminary plat are signed by
the City Commission, send notice of certification to the DEQ per '76-4-127, MCA.
A. The notice of certification shall include the following:
1. The name and address of the applicant;
2. A copy of the preliminary plat or a final plat where a preliminary plat is not necessary;
3. The number of proposed parcels in the subdivision;
4. A copy of any applicable zoning ordinances in effect;
5. How construction of the sewage disposal and water supply systems or extensions will be
financed;
6. Certification that the subdivision is within a jurisdictional area that has adopted a growth
policy pursuant to Chapter 1, Title 76, MCA and a copy of the growth policy, when
applicable;
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7. The relative location of the subdivision to the City;
8. Certification that adequate municipal facilities for the supply of water and disposal of
sewage and solid waste are available or will be provided within one year after the notice
of certification is issued;
9. If water supply, sewage disposal or solid waste facilities are not municipally owned, cer-
tification from the facility owners that adequate facilities are available; and
10. Certification that the City Commission has reviewed and approved plans to ensure ad-
equate stormwater drainage.
18.06.060 FINAL PLAT APPLICATION
After the conditions of preliminary approval and the requirements for the installation of improvements
have been satisfied, the developer shall cause to be prepared a final plat. The final plat shall conform to
the uniform standards for final subdivision plats as set forth in '8.94.3003 ARM. Plans and data shall be
prepared under the supervision of a registered surveyor, licensed in the State of Montana, as their
licensing laws allow.
A.Final Plat Submittal. The final plat and all supplementary documents shall be submitted to the
Planning Department at least thirty working days prior to the expiration of preliminary plat ap-
proval or any extension thereto. The submittal shall include a final plat application form, the
appropriate review fee, all information required by '18.78.070, BMC, and a written explanation
of how each of the conditions of preliminary plat approval has been satisfied.
B.County Treasurer Certification. A final plat will not be accepted as complete until the County
Treasurer has certified that no real property taxes and special assessments assessed and levied on
the land to be subdivided are delinquent.
C.Review of Abstract and Covenants. With the final plat, the developer shall submit to the Plan-
ning Department a certificate of a licensed title abstractor showing the names of the owners of
record of the land to be subdivided and the names of lienholders or claimants of record against
the land, and the written consent to the subdivision by the owners of the land, if other than the
developer, and any lienholders or claimants of record against the land. The certificate of li-
censed title abstractor shall be dated no earlier than thirty calendar days prior to submittal. Cov-
enants shall also be submitted to the Planning Department with the final plat application. The
Planning Department staff will obtain the City Attorney’s approval of the covenants and the City
Attorney’s certificate.
D.Review by the Planning Department. The Planning Department will then review the final plat
application to ascertain that all conditions and requirements for final approval have been met. If
all conditions and requirements for final approval have been met, the Planning Department shall
forward a report to the City Commission for their action.
E.Final Plat Approval. The City Commission shall examine every final plat, and within forty-five
working days of the date of submission to the Planning Department, shall approve it if it con-
forms to the conditions of preliminary approval and the terms of this title.
The City Commission shall examine every final plat at a regular meeting.
1. If the final plat is approved, the Director of Public Service shall so certify the approval in
a printed certificate on the plat.
2. If the final plat is disapproved, the City Commission shall cause a letter to be written to
the developer stating the reasons therefore.
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F.Filing. The developer shall file the approved, signed final plat and all other required certificates
and documents with the County Clerk and Recorder within sixty days of the date of final ap-
proval.
18.06.070 CHANGES TO FILED SUBDIVISION PLATS
Changes to a filed subdivision plat must be filed with the County Clerk and Recorder as an amended plat.
An amended plat may not be filed unless it meets the filing requirements for a final subdivision plat
specified in these regulations.
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CHAPTER 18.10
SUBDIVISION EXEMPTIONS
18.10.010 DIVISIONS OF LAND ENTIRELY EXEMPT FROM THE REQUIREMENTS OF
THIS TITLE AND THE MONTANA SUBDIVISION AND PLATTING ACT
Unless the method of disposition is adopted for the purpose of evading this title or the Montana Subdivi-
sion and Platting Act (the “Act”), the requirements of this title pertaining to subdivisions and the Act may
not apply when:
A. A division of land is created by order of any court of record in this state or by operation of law or
that, in the absence of agreement between the parties to the sale, could be created by an order of
any court in the state pursuant to the law of eminent domain ('76-3-201(1)(a), MCA);
1. Before a court of record orders a division of land, the court shall notify the governing
body of the pending division and allow the governing body to present written comment on
the division.
B. A division of land is created to provide security for mortgages, liens or trust indentures for the
purpose of construction, improvements to the land being divided, or refinancing purposes ('76-3-
201(1)(b), MCA). This exemption applies;
1. To a division of land of any size;
2. If the land that is divided is not conveyed to any entity other than the financial or lending
institution to which the mortgage, lien or trust indenture was given or to a purchaser upon
foreclosure of the mortgage, lien or trust indenture. A transfer of the divided land, by the
owner of the property at the time that the land was divided, to any party other than those
identified in this subsection subjects the division of land to the requirements of the Mon-
tana Subdivision and Platting Act and Chapter 18.06, BMC.
3. To a parcel that is created to provide security, however the remainder of the tract of land is
subject to the provisions of the Montana Subdivision and Platting Act and Chapter 18.06,
BMC if applicable.
C. A division of land creates an interest in oil, gas, minerals or water that is severed from the surface
ownership of real property ('76-3-201(1)(c), MCA);
D. A division of land creates cemetery lots ('76-3-201(1)(d), MCA);
E. A division of land is created by the reservation of a life estate ('76-3-201(1)(e), MCA);
F. A division of land is created by lease or rental for farming and agricultural purposes ('76-3-201(1)(f),
MCA);
G. A division of land is created for rights-of-way or utility sites. A subsequent change in the use of the
land to a residential, commercial or industrial use is subject to the requirements of the Montana
Subdivision and Platting Act and Chapter 18.06, BMC ('76-3-201(1)(h), MCA);
H. The land upon which an improvement is situated has been subdivided in compliance with this title
and the Act, the sale, rent, lease or other conveyance of one or more parts of a building, structure
or other improvement situated on one or more parcels of land is not a division of land ('76-3-202,
MCA);
I. The sale, rent, lease or other conveyance of one or more parts of a building, structure or other
improvement, whether existing or proposed, is not a division of land ('76-3-204, MCA);
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J. A division of land created by lease or rental of contiguous airport-related land owned by a city,
county, the state, or a municipal or regional airport authority provided that the lease or rental is for
onsite weather or air navigation facilities, the manufacture, maintenance, and storage of aircraft, or
air carrier-related activities ('76-3-205(1), MCA);
K. A division of state-owned land unless the division creates a second or subsequent parcel from a
single tract for sale, rent or lease for residential purposes after July 1, 1974 ('76-3-205(2), MCA);
and
L. Deeds, contracts, leases or other conveyances that were executed prior to July 1, 1974 ('76-3-206,
MCA).
18.10.020 SPECIFIC DIVISIONS OF LAND EXEMPT FROM REVIEW BUT SUBJECT TO
SURVEY REQUIREMENTS FOR DIVISIONS OF LAND NOT AMOUNTING TO
SUBDIVISIONS
Unless the method of disposition is adopted for the purpose of evading this title or the Act, the following
divisions of land are not subdivisions under this title and the Act, but are subject to the surveying require-
ments of '76-3-401, MCA for lands not amounting to subdivisions. A division of land may not be made
under this section unless the County Treasurer has certified that no real property taxes and special assess-
ments assessed and levied on the land to be divided are delinquent. The County Clerk and Recorder shall
notify the Planning Department of any land division described in this section or '76-3-207 (1), MCA.
A. Divisions made outside of platted subdivisions for the purpose of relocating common boundary
lines between adjoining properties ('76-3-207(a), MCA);
B. Divisions made outside of platted subdivisions for the purpose of a single gift or sale in each
county to each member of the landowner’s immediate family ('76-3-207(b), MCA);
C. Divisions made outside of platted subdivisions by gift, sale or a agreement to buy and sell in which
the parties to the transaction enter a covenant running with the land and revocable only by mutual
consent of the City of Bozeman and the property owner that the divided land will be used exclu-
sively for agricultural purposes ('76-3-207(c), MCA);
D. For five or fewer lots within a platted subdivision, relocation of common boundaries and the
aggregation of lots ('76 -3-207(d), MCA); and
E. Divisions made for the purpose of relocating a common boundary line between a single lot within
a platted subdivision and adjoining land outside a platted subdivision. A restriction or requirement
on the original platted lot or original unplatted parcel continues to apply to those areas ('76-3-
207(e), MCA).
18.10.030 EXEMPTIONS FROM SURVEYING AND FILING REQUIREMENTS BUT SUB-
JECT TO REVIEW
Subdivisions created by rent or lease are exempt from the surveying and filing requirements of Chapter
18.06, BMC and the Montana Subdivision and Platting Act, but must be submitted for review and ap-
proved by the City Commission before portions thereof may be rented or leased.
18.10.040 CONDOMINIUMS
A. Condominium developments are exempt from the surveying and filing requirements of Chapter
18.06, BMC and the Montana Subdivision and Platting Act.
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B. Condominiums, constructed on land divided in compliance with the Montana Subdivision and
Platting Act, are exempt from the provisions of Chapter 18.06, BMC and the Montana Subdivision
and Platting Act if either:
1. The approval of the original division of land expressly contemplated the construction of
the condominiums and any applicable park dedication requirements of '76-3-621, MCA
are complied with; or
2. The condominium proposal is in conformance with applicable local zoning regulations
where local zoning regulations are in effect.
18.10.050 EXEMPTION FROM SURVEYING AND PLATTING REQUIREMENTS FOR
LANDS ACQUIRED FOR STATE HIGHWAYS
Instruments of transfer for land which is acquired for state highways may refer by parcel and project
number to state highway plans which have been recorded in compliance with '60-2-209, MCA and are
exempted from the surveying and platting requirements of this title and the Act ('76-3-209, MCA). If
such parcels are not shown on highway plans of record, instruments of transfer of such parcels shall be
accompanied by and refer to appropriate certificates of survey and plats when presented for recording.
18.10.060 PROCEDURES AND GENERAL REQUIREMENTS
All certificates of survey or amended subdivision plats claiming an exemption inside City limits and subject
to survey requirements shall be submitted to the Planning Department. The procedures and requirements
of this title are limited to the exemptions discussed in '18.10.070, BMC.
A.Submittal. A claimant seeking an exemption under the Act and this title shall submit to the Plan-
ning Department a claim on the appropriate application form, including a signed certificate of
exemption, together with evidence to support the claim and any other information required by this
title.
B.Review. The Planning Department will review the claimed exemption to verify that it is the proper
use of the claimed exemption.
1. During this review, Planning Department staff will visit the proposed site, understand
thoroughly the nature of all activity occurring on the site, and shall identify any existing or
potential zoning conflicts. The Planning Department shall prepare a memo evaluating the
claimed exemption against applicable review criteria, which shall also be made available to
the claimant or the claimant’s representative.
2. In assessing the claimant’s purpose for the exemption, the Planning Department will evalu-
ate all relevant circumstances including the nature of the claimant’s business, the prior
history of the particular tract in question, and the proposed configuration of the tract, if
the proposed exemption transactions are completed.
3. Where a rebuttable presumption is declared in this title, the presumption may be overcome
by the claimant with evidence contrary to the presumption. If the Planning Department
concludes that the evidence overcomes the presumption and that from all the circum-
stances the exemption is justified, the exemption will be allowed. On the other hand, if the
Planning Department concludes that the presumption is not overcome and that from all
the circumstances the exemption is not justified, the exemption will be disallowed.
4. If the exemption is allowed, the Planning Director shall so certify in a printed certificate on
the certificate of survey or amended plat within thirty days of submission of a complete
application.
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5. If the exemption is disallowed, the Planning Department shall provide written notification,
within thirty days of submission of a complete application, of its decision to the person
claiming the exemption and to the County Clerk and Recorder.
C.Filing Requirements. An amended plat or a certificate of survey of a division of land which is
exempt from review must be filed within 180 days of the completion of the survey.
1.Certificates of Survey. A certificate of survey may not be filed by the County Clerk and
Recorder unless it complies with the following procedures for divisions of land exempted
from public review as subdivisions. Certificates of survey for divisions of land meeting the
criteria set out in '76-3-207, MCA, must meet the following requirements:
a. A certificate of survey of a division of land that would otherwise be a subdivision,
but that is exempted from subdivision review under '76-3-207, MCA, may not be
filed by the County Clerk and Recorder unless it bears the acknowledged certificate
of the property owner stating that the division of land is exempt from review as a
subdivision and citing the applicable exemption.
b. If the exemption relied upon requires that the property owner enter into a cov-
enant running with the land, the certificate of survey may not be filed unless it
bears a signed and acknowledged recitation of the covenant.
c. If a certificate of survey invokes the exemption for gifts and sales to members of
the landowner’s immediate family, the certificate must indicate the name of the
proposed grantee, the relationship of the grantee to the landowner and the parcel
to be conveyed to the grantee.
d. If a certificate of survey invokes the exemption for the relocation of common
boundary lines:
(1) The certificate of survey must bear the signatures of all landowners whose
parcels will be altered by the proposed relocation. The certificate of survey
must show that the exemption was used only to change the location of or
eliminate a boundary line dividing two or more parcels, and must clearly
distinguish the prior boundary location (shown, for example, by a dashed
or broken line or a notation) from the new boundary (shown, for example,
by a solid line or notation);
(2) The certificate of survey must show the boundaries of the area that is
being removed from one parcel and joined with another parcel. The certifi-
cate of survey may, but is not required to, establish the exterior boundaries
of the resulting parcels. However, the certificate of survey must show por-
tions of the existing unchanged boundaries sufficient to clearly identify
both the location and the extent of the boundary relocation;
(3) If a boundary line will be completely eliminated, the certificate must estab-
lish the boundary of the resulting parcel.
e. If the certificate of survey invokes an exemption from subdivision review under
'76-3-207, MCA, the certificate of survey must bear, or be accompanied by, a
certification by the County Treasurer that all taxes and special assessments assessed
and levied on the surveyed land have been paid.
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f. For purposes of '18.10.060.C.1, BMC when the parcel of land for which an ex-
emption from subdivision review is claimed is being conveyed under a contract-
for-deed, the terms “property owner”, “landowner” and “owner” mean the seller
of the parcel under the contract-for-deed.
g.Procedures for Filing Certificates of Survey of Divisions of Land Entirely Ex-
empted from the Requirements of the Act. The divisions of land described in '76-
3-201, '76-3-205 and '76-3-209, MCA, and divisions of federally owned land made
by a United States government agency are not required to be surveyed, nor must a
certificate of survey or subdivision plat showing these divisions be filed with the
County Clerk and Recorder. A certificate of survey of one of these divisions may,
however, be filed with the County Clerk and Recorder if the certificate of survey
meets the requirements for form and content for certificates of survey contained
in this section and bears a certificate of the surveyor performing the survey citing
the applicable exemption from the Act or, when applicable, that the land surveyed
is owned by the federal government.
2.Amended Plats. Unless a division of land is exempt from subdivision review by '76-3-201
or '76-3-207(1)(d) or (e), MCA, an amended plat shall not be filed by the County Clerk and
Recorder unless it complies with the uniform standards for final subdivision plats specified
in '8.94.3003, ARM. A survey document that modifies lots in a platted and filed subdivi-
sion and invokes an exemption from subdivision review under '76-3-201 or '76-3-207(1)(d)
or (e), MCA, must be entitled “amended plat of the (name of subdivision),” but for all
other purposes is to be regarded as a certificate of survey and subject to the requirements
of '18.10.060.C.1, BMC.
18.10.070 EXEMPTION REVIEW CRITERIA
The following criteria shall be used to ensure that exemptions are not claimed for the purposes of evading
this title or the Act.
A. A division of land is created to provide security for mortgages, liens or trust indentures for the
purpose of construction, improvements to the land being divided or refinancing purposes ('76-3-
201(1)(b), MCA).
1. The proper use of the exemption is to provide security for construction mortgages, liens
or trust indentures, when a survey of the parcel has been required.
2. The City makes a rebuttable presumption that a division of land that is created to provide
security is adopted for the purpose of evading the Act under the following conditions:
a. If the division of land is created for the purpose of conveyance to any entity other
than the financial or lending institution to which the mortgage, lien or trust inden-
ture was given or to a purchaser upon foreclosure of the mortgage, lien or trust
indenture; or
b. The security is provided for construction or improvements on, or refinancing for,
land other than on the exempted parcel.
3. When the security for construction financing exemption is to be used, the landowner shall
submit, in addition to such other documents as may be required, a written statement ex-
plaining:
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a. How many parcels within the original tract will be created by use of the exemption;
b. Who will have title to and possession of the remainder of the original parcel; and
c. A signed and notarized statement from a lending institution that the creation of
the exempted parcel is necessary to secure a construction loan for buildings or
other improvements on the parcel.
4. The written statement and the instruments creating the security shall be filed at the same
time as the survey with the Clerk and Recorder.
B. Divisions made outside of platted subdivisions for the purpose of relocating common boundary
lines between adjoining properties ('76-3-207(a), MCA).
1. The proper use of the exemption for relocating common boundary lines is to establish a
new boundary between adjoining parcels of land outside of a platted subdivision, without
creating an additional parcel.
2. A certificate of survey for the relocation of common boundary lines may include five or
fewer parcels and/or lots.
3. Certificates of survey showing the relocation of common boundary lines must be accom-
panied by:
a. An original deed exchanging recorded interest from every person having a recorded
interest in adjoining properties for the entire newly-described parcel(s) that is ac-
quiring additional land;
b. Documentation showing the need or reason for the relocation (for example: struc-
ture encroachment, surveyor error, or enhancement of the configuration of the
property); and
c. The certificate of survey must bear the signatures of all landowners whose parcels
are changed by the relocation, and show that the exemption was used only to change
the location of a boundary line dividing two parcels, and must clearly distinguish
the prior boundary location (shown, for example, by a dashed or broken line or a
notation) from the new boundary (shown, for example, by a solid line or notation).
4. The City makes a rebuttable presumption that a proposed relocation of common bound-
ary lines is adopted for the purpose of evading the Act, if:
a. The Planning Department determines that the documentation submitted accord-
ing to this section does not support the stated reason for relocation, or an addi-
tional parcel is created.
C. Divisions made outside of platted subdivisions for the purpose of a single gift or sale in each
county to each member of the landowner’s immediate family ('76-3-207(b), MCA).
1. A member of the immediate family is the spouse of the grantor, or whether by blood or
adoption, a son, daughter, mother or father of the grantor.
2. The proper use of the exemption as a gift or sale to a member of the immediate family is
to convey one parcel of land outside of a platted subdivision to each member of the
landowner’s immediate family in each county, providing that the use of the exemption
creates no more than one additional parcel of less than 160 acres in size. Each exemption
under this section will be reviewed by the Planning Department under this title.
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3. A certificate of survey for a family transfer may include more than one exempt parcel
providing all parcels meet the criteria of this section.
4. Certificates of survey showing the creation of new parcels of land pursuant to this exemp-
tion as a gift or sale to a member of the immediate family must be accompanied by an
original deed transferring interest in the parcel being created, or a statement detailing where
the deed is in escrow, how long it will be in escrow and authorization to contact the escrow
agent for verification.
5. The certificate of survey for an exemption for a family transfer must indicate the name of
the grantee, the relationship of the grantee to the landowner and the parcel to be conveyed
to the grantee.
6. The City makes a rebuttable presumption that a family transfer is adopted for the purpose
of evading this title and the Act if it is determined that one or more of the following
conditions exist:
a. The exemption would create more than one additional parcel of less than 160
acres.
b. The member of the landowner’s immediate family would have received more than
one exempted parcel in the county.
D. Divisions made outside of platted subdivisions by gift, sale or an agreement to buy and sell in
which the parties to the transaction enter a covenant running with the land and revocable only by
mutual consent of the City of Bozeman and the property owner that the divided land will be used
exclusively for agricultural purposes ('76-3-207(c), MCA).
1. An agricultural exemption is a division of land made outside of a platted subdivision by
gift, sale or agreement to buy and sell in which the parties to the transaction enter a cov-
enant running with the land, revocable only by mutual consent of the City of Bozeman
and the transferee/property owner, that the divided land will be used exclusively for agri-
cultural purposes. No building or structure requiring water or sewer facilities shall be
utilized on such a parcel.
a. A change in use of the land for anything other than agricultural purposes subjects
the division to this title and the Act.
E. For five or fewer lots within a platted subdivision, relocation of common boundaries and the
aggregation of lots ('76-3-207(d), MCA).
1. The proper use of the exemption for aggregation of lots and/or relocation of common
boundaries is the rearrangement and/or aggregation of five or fewer lots within a platted
subdivision which does not increase the total number of lots within the subdivision. The
plat shall contain the title “amended plat” and must be filed with the County Clerk and
Recorder.
2. The amended plat showing the aggregation of lots and/or relocation of common bound-
ary within a platted subdivision must be accompanied by:
a. An original deed exchanging recorded interest from every person having a recorded
interest in adjoining properties for the entire newly-described parcel(s) that is ac-
quiring additional land;
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b. Documentation showing the need or reason for the relocation (for example: struc-
ture encroachment, surveyor error, or enhancement of the configuration of the
property); and
c. The amended plat must bear the signatures of all landowners whose parcels are
changed by the relocation or aggregation. The amended plat must show that the
exemption was used only to change the location of boundary lines or aggregate
lots, and must clearly distinguish the prior boundary location (shown, for example,
by a dashed or broken line or a notation) from the new boundary (shown, for
example, by a solid line or notation).
3. The City makes a rebuttable presumption that a proposed aggregation of lots and/or relo-
cation of common boundaries within a platted subdivision is adopted for the purpose of
evading the Act if it determines that six or more lots are affected by the proposal.
4. Any division of lots which results in an increase in the number of lots or which redesigns
or rearranges six or more lots must be reviewed as a subdivision and approved by the City
of Bozeman prior to the filing of the final plat.
F. Divisions made for the purpose of relocating a common boundary line between a single lot within
a platted subdivision and adjoining land outside a platted subdivision ('76-3-207(d), MCA).
1. The proper use of the exemption for relocating common boundary lines is to establish a
new common boundary line between a single lot within a platted subdivision and adjoining
land outside a platted subdivision. A restriction or requirement on the original platted lot
or original unplatted parcel continues to apply to those areas.
2. A certificate of survey for the relocation of common boundary lines may include five or
fewer parcels and/or lots.
3. Certificates of survey showing the relocation of common boundary lines must be accom-
panied by:
a. A original deed exchanging recorded interest from every person having a recorded
interest in adjoining properties for the entire newly-described parcel(s) that is ac-
quiring additional land;
b. Documentation showing the need or reason for the relocation (for example: struc-
ture encroachment, surveyor error, or enhancement of the configuration of the
property); and
c. The certificate of survey must bear the signatures of all landowners whose parcels
are changed by the relocation, and show that the exemption was used only to change
the location of a boundary line dividing two parcels, and must clearly distinguish
the prior boundary location (shown, for example, by a dashed or broken line or a
notation) from the new boundary (shown, for example, by a solid line or notation).
4. The City makes a rebuttable presumption that a proposed relocation of common bound-
ary lines is adopted for the purpose of evading the Act, if:
a. The Planning Department determines that the documentation submitted accord-
ing to this section does not support the stated reason for relocation, or an addi-
tional parcel is created.
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18.10.080 PROCEDURES FOR FILING CERTIFICATES OF SURVEY OF DIVISIONS OF
LAND ENTIRELY EXEMPTED FROM THE REQUIREMENTS OF THE ACT
A certificate of survey of a division of land entirely exempted from the requirements of this title and the
Act may be filed with the County Clerk and Recorder if it meets the requirements for form and content for
certificates of survey contained in this section and bears a certificate of the surveyor performing the
survey stating the applicable exemption from the Act.
18.10.090 CORRECTION OF ERRORS
Correction of errors may be made by the submission of a corrected certificate of survey for the Planning
Director’s approval.
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CHAPTER 18.12
SUBDIVISION CERTIFICATES
18.12.010 GENERAL
The certificates listed in '18.12.020 through '18.12.110, BMC shall be shown on plats and certificates of
survey, as appropriate. Other certificates than those shown may be required by the City of Bozeman when
deemed appropriate. The proper notary block shall be used.
18.12.020 DEDICATION OR CONSENT
All plats of subdivisions must contain a Certificate of Dedication or Certificate of Consent. In the case of
corporate ownership, the proper corporation officer(s) must sign, a corporate notary form must be used,
and the corporate seal must be affixed. The certificate shall read as follows:
A.Certificate of Dedication.
CERTIFICATE OF DEDICATION
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) have caused to be sur-
veyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications,
as shown by the plat hereunto included, the following described tract of land, to wit:
Description
(Exterior boundary description of Area Contained
in Plat and total acreage)
The above-described tract of land is to be known and designated as (name of subdivision), City of
Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks or
public squares shown on said plat are hereby granted and donated to the City of Bozeman for the
public use and enjoyment
The undersigned hereby grants unto each and every person, firm or corporation, whether public or
private, providing or offering to provide telephone, electric power, gas, internet, cable television or
other similar utility or service, the right to the joint use of an easement for the construction, mainte-
nance, repair and removal of their lines and other facilities in, over, under and across each area desig-
nated on this plat as “Utility Easement” to have and to hold forever.
DATED this ____ day of __________, _____.
(Acknowledged and notarized signatures of all record owners of platted property)
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B.Certificate of Consent.
18.12.030 MORTGAGEE
In those cases where the area being platted or the plat of subdivision is subject to any liens, mortgages,
claims, or other encumbrances by party(ies) or other owner(s), the following certificate shall be required:
CERTIFICATE OF CONSENT
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) caused to be surveyed,
subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as
shown by this plat hereunto included, the following described tract of land, to wit:
Description
(Exterior Boundary Description of Area Contained
in Plat and Total Acreage)
The above described tract of land is to be known and designated as (name of subdivision), City of
Bozeman, Gallatin County, Montana.
The undersigned hereby grants unto each and every person, firm or corporation, whether public or
private, providing or offering to provide telephone, electric power, gas, internet, cable television or
other similar utility or service, the right to the joint use of an easement for the construction, maintenance,
repair and removal of their lines and other facilities in, over, under and across each area designated on
this plat as “Utility Easement” to have and to hold forever.
DATED this ___day of __________, _____.
(Acknowledged and notarized signatures of all record owners of platted property.)
CONSENT OF MORTGAGEE(S)
(I), (We), the undersigned mortgagee(s) or encumbrancer(s), do hereby join in and consent to the
described plat, releasing (my) (our) respective liens, claims or encumbrances as to any portion of said
lands now being platted into streets, avenues, parks or other public areas which are dedicated to the
City of Bozeman for the public use and enjoyment.
DATED this ___day of __________, _____.
(Acknowledged and notarized signature of all encumbrancers of record.)
12-3
18.12.040 PARK LAND
A.Cash-in-Lieu of Park Land. Where there will be a cash donation in-lieu of park land dedication,
plats of subdivision shall show the following certificate:
B.Off-Site Park Land Dedication. Where park land will be provided off-site, in accordance with
'18.50.100.D or E, BMC, plats of subdivision shall show the following certificate:
CERTIFICATE ACCEPTING CASH DONATION IN-LIEU-OF LAND DEDICATION
In as much as dedication of park land within the platted area of (Subdivision Name) would be undesirable
for park and playground purposes, it is hereby ordered by the City Commission of the City of Bozeman,
that land dedication for park purposes be waived and that cash-in-lieu, in the amount of __________
dollars, be accepted in accordance with the provisions of the Montana Subdivision and Platting Act,
'76-3-101 through '76-3-625, MCA, and the Bozeman Unified Development Ordinance.
DATED this ___day of __________, _____.
(Signature)
City of Bozeman Director of Public Service
CERTIFICATE ACCEPTING OFF-SITE PARK LAND DEDICATION
In as much as an alternative to dedication of park land, for park and playground purposes within the
platted area of (Subdivision Name), would be desirable, it is hereby ordered by the City Commission
of the City of Bozeman that land dedication for park purposes be provided off-site with land outside
of the platted area of (Subdivision Name) in accordance with the provisions of the Montana Subdivision
and Platting Act, '76-3-101 through '76-3-625, MCA, and the Bozeman Unified Development
Ordinance. The off-site park land dedication will be provided with the following described tract(s) of
land, to wit:
Description
(Exterior Boundary Description of Area Contained
in Plat and Total Acreage)
DATED this ___day of __________, _____.
(Signature)
City of Bozeman Director of Public Service
12-4
18.12.050 SURVEYOR
All subdivision plats or certificates of survey shall contain a Certificate of Surveyor which shall read as
follows:
18.12.060 IMPROVEMENTS
A. Where improvements are to be installed prior to final plat approval, the final plat of subdivision
shall contain a Certificate of Completion of Public Improvements. The certificate shall list all
completed and accepted improvements, and shall read as follows:
B. If all required subdivision improvements will not be installed prior to final plat approval, and the
final plat will be recorded subject to an improvements agreement and financial guarantee, this
certificate shall be modified to also list all improvements NOT completed.
CERTIFICATE OF COMPLETION OF IMPROVEMENTS
I, (Name of Subdivider), and I, (Name of Subdivider=s Registered Engineer), a registered professional
engineer licensed to practice in the State of Montana, hereby certify that the following improvements,
required to meet the requirements of this title or as a condition(s) of approval of (Name of Subdivision),
have been installed in conformance with the approved plans and specifications. (List improvements in
accordance with '18.12.060.A and B). The subdivider hereby warrants against defects in these
improvements for a period of one year from this date. The subdivider grants possession of all public
infrastructure improvements to the City of Bozeman, and the City hereby accepts possession of all
public infrastructure improvements, subject to the above indicated warranty.
Signature of Subdivider (Date) __________
Signature, Number, and Seal of Engineer (Date) __________
Signature, Director of Public Service (Date) __________
CERTIFICATE OF SURVEYOR
I, the undersigned, (Type or Print Name), Registered Land Surveyor, do hereby certify that between
__________, _____, and __________, _____, I surveyed (Name of Subdivision or Certificate of
Survey), and platted the same as shown on the accompanying plat (or certificate of survey) and as
described in accordance with the provisions of the Montana Subdivision and Platting Act, '76-3-101
through '76-3-625, MCA, and the Bozeman Unified Development Ordinance.
DATED this ___day of __________, _____.
(Signature)
(Printed or Typed Name)
Registration No.
(Seal of Surveyor)
12-5
18.12.070 GOVERNING BODY
The City Commission or their designated agent shall certify approval of the plat of subdivision. Said
certificate shall read as follows:
18.12.080 EXCLUSION FROM MDEQ REVIEW
The following certificate shall be added to all subdivision plats to certify that adequate storm water drain-
age and adequate municipal facilities will be provided.
CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE
I, Director of Public Service, City of Bozeman, Montana, do hereby certify that the accompanying
plat has been duly examined and has found the same to conform to the law, approves it, and hereby
accepts the dedication to the City of Bozeman for the public use of any and all lands shown on the
plat as being dedicated to such use.
DATED this ___day of __________, _____.
(Signature), Director of Public Service
CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT
OF ENVIRONMENTAL QUALITY REVIEW
The (Name of Subdivision), Gallatin County, Montana, is within the City of Bozeman, Montana, a
first-class municipality, and within the planning area of the Bozeman growth policy which was adopted
pursuant to '76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and
adequate municipal facilities. Therefore, under the provisions of '76-4-125(2)(d), MCA, this subdivision
is excluded from the requirement for Montana Department of Environmental Quality review.
DATED this ___ day of __________, _____.
(Signature), Director of Public Service
City of Bozeman, Montana
12-6
18.12.090 COUNTY TREASURER
All final subdivision plats, and certificates of survey unless prepared for a subdivision exemption to pro-
vide security for construction mortgages, liens or trust indentures, shall show the following Certificate of
County Treasurer:
18.12.100 CLERK AND RECORDER
All plats or certificates of survey shall show the following Certificate of Clerk and Recorder:
18.12.110 CERTIFICATION OF USE OF EXEMPTION CLAIM
The following certificates shall be provided in a printed certificate on the amended plat or certificate of
survey for allowed exemptions:
A.Certificate of Governing Body.
CERTIFICATE OF COUNTY TREASURER
I, (Name of County Treasurer), Treasurer of Gallatin County, Montana, do hereby certify that the
accompanying plat (or certificate of survey) has been duly examined and that all real property taxes
and special assessments assessed and levied on the land to be subdivided are paid.
DATED this ___ day of __________, _____.
(Signature), Treasurer of Gallatin County
CERTIFICATE OF CLERK AND RECORDER
I, (Name of Clerk and Recorder), Clerk and Recorder of Gallatin County, Montana, do hereby certify
that the foregoing instrument was filed in my office at __________ o’clock, (a.m. or p.m.), this ___
day of __________, _____, and recorded in Book __________ of Plats on Page __________, Records
of the Clerk and Recorder, Gallatin County, Montana.
(Signature), Clerk and Recorder
CERTIFICATE OF GOVERNING BODY
I, (Planning Director), do hereby certify that the accompanying (Certificate of Survey or Amended
Plat) has been duly reviewed, and has been found to conform to the requirements of the Subdivision
and Platting Act, '76-3-101 et.seq., MCA, and the Bozeman Unified Development Ordinance.
DATED this ___ day of __________, _____.
(Signature), Planning Director
12-7
CERTIFICATE OF EXEMPTION
(I) (We) certify that the purpose of this survey is to (state exemption), and therefore this survey is
exempt from review as a subdivision pursuant to '76-3-207(1) (add appropriate sub-section), MCA.
DATED this ____ day of __________, _____.
(Acknowledged and notarized signatures of all record owners of surveyed property)
B.Certificate of Exemption. Reference to exclude the survey from Montana Department of Envi-
ronmental Quality review can also be added to this certificate, as appropriate.
12-8
14-1
CHAPTER 18.14
ZONING DISTRICTS AND ZONING MAP
18.14.010 USE DISTRICTS DESIGNATED, ZONING MAP ADOPTED
A. The City is divided into zones, or districts, as shown on the official zoning map(s) which, together
with all explanatory matter thereon, are adopted by this reference 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:
R-S Residential Suburban District
R-1 Residential Single-household, Low Density District
R-2 Residential Two-household, Medium Density District
R-3 Residential Medium Density District
R-4 Residential High Density District
R-O Residential Office District
RMH Residential Manufactured Home Community District
B-1 Neighborhood Business District
B-2 Community Business District
B-3 Central Business District
M-1 Light Manufacturing District
M-2 Manufacturing and Industrial District
B-P Business Park District
NEHMU Northeast Historic Mixed Use District
HMU Historic Mixed Use District
PLI Public Lands and Institutions District
NC Neighborhood Conservation Overlay District
EO Entryway Overlay District
CO Casino Overlay District
C. Placement of any given zoning district on an area depicted on the zoning map indicates a judge-
ment on the part of the City that the range of uses allowed within that district are generally accept-
able in that location. It is not a guarantee of approval for any given use prior to the completion of
the appropriate review procedure and compliance with all of the applicable requirements and
development standards of this title. It is also not a guarantee of immediate infrastructure availabil-
ity or a commitment on the part of the City to bear the cost of extending services.
18.14.020 OFFICIAL MAP AVAILABILITY, CERTIFICATION AND AUTHORITY -
CHANGES
A. The official maps shall be available in the Planning Department and shall bear a 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.
14-2
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 Adoption
C. 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 Planning Department shall be
the final authority as to the current zoning status of land and water areas, buildings and other
structures in the City.
18.14.030 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 subse-
quent amendment thereof.
B. If any changes to the map are made by amendment of this title in accordance with Chapter 18.70,
BMC, such changes shall be made to the official zoning maps and signed, dated and certified upon
the map or upon the material attached thereto.
C. 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 Adoption
18.14.040 BOUNDARY INTERPRETATION GUIDELINES
A. Where uncertainty 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 al-
leys 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; and
6. Boundaries indicated as parallel to or extensions of features indicated on the official zon-
ing map shall be determined by the scale of the map.
14-3
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 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.
18.14.050 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 pro-
posed 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.
d. Persons objecting to decision of the Planning Director regarding a classification
of a use carry the burden of proof to establish error in the decision.
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 accessory, principal or conditional use, the use shall not be allowed.
However, an amendment to the text of this title may be submitted for review and approval pursu-
ant to the requirements of this title to allow such use as a listed principal, conditional or accessory
use.
14-4
18.14.060 ZONING OF ANNEXED TERRITORY
All territory which may hereafter be annexed to the City shall, in conjunction with the annexation, be the
subject of a zone map amendment in order to be designated and assigned to a City zoning district. 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
growth policy. Any ordinance adopting such zoning amendment shall not be effective prior to the effective
date of such annexation.
16-1
CHAPTER 18.16
RESIDENTIAL ZONING DISTRICTS
18.16.010 INTENT AND PURPOSE OF RESIDENTIAL ZONING DISTRICTS
The intent and purpose of the residential zoning districts is to establish areas within Bozeman that are
primarily residential in character and to set forth certain minimum standards for development within those
areas. The purpose in having more than one residential district is to provide opportunities for a variety of
housing types and arrangements within the community while providing a basic level of predictability.
There is a rebuttable presumption that the uses set forth for each district will be compatible with each
other when the standards of this title are met and any applicable conditions of approval have been satis-
fied. Additional requirements for development apply within overlay districts. All development is subject to
'18.02.050, BMC.
A. The intent and purpose of the R-S residential district is to allow open space, resource protection
and single-household development in circumstances where environmental constraints limit the
desirable density. All new subdivision and site plan developments in this district shall be subject to
the provisions of Chapter 18.36, BMC, Planned Unit Development, and shall be developed in
compliance with the adopted Bozeman growth policy.
B. The intent of the R-1 residential district is to provide for single-household residential development
and related uses within the City at urban densities, and to provide for such community facilities and
services as will serve the area’s residents while respecting the residential character and quality of
the area.
C. The intent of the R-2 residential district is to provide for one- and two-household residential
development at urban densities within the City in areas that present few or no development con-
straints, and for community facilities to serve such development while respecting the residential
quality and nature of the area.
D. The intent of the R-3 residential district is to provide for the development of one- to five-house-
hold residential structures near service facilities within the City. It should provide for a variety of
housing types to serve the varied needs of households of different size, age and character, while
reducing the adverse effect of nonresidential uses.
E. The intent of the R-4 residential district is to provide for high-density residential development
through a variety of housing types within the City with associated service functions. This will
provide for a variety of compatible housing types to serve the varying needs of the community’s
residents. The net density, as defined in Chapter 18.80, BMC, for new developments shall be 8
dwellings per acre or greater.
F. The intent of the R-O residential office district is to provide for and encourage the development
of multi-household and apartment development and compatible professional offices and busi-
nesses that would blend well with adjacent land uses.
G. The intent of the RMH residential district is to provide for manufactured home community devel-
opment and directly related complementary uses within the City at a density and character compat-
ible with adjacent development. The district is intended to be residential in character and consis-
tent with the standards for other forms of residential development permitted by this title.
16-2
18.16.020 AUTHORIZED USES
A. Uses in the various residential districts are depicted in the table below. Principal uses are indicated
with a “P”, conditional uses are indicated with a “C”, accessory uses are indicated with an “A” and
uses which are not permitted with the district are indicated by a “-”.
B. Additional uses for telecommunication uses are contained in Chapter 18.54, BMC.
Table 16-1
sesUlaitnediseRfoelbaT sesUdezirohtuA
S-R1-R2-R3-R4-RO-RHMR
stinugnillewdyrosseccACCPPPP-
eromroserca5.2nosesularutlucirgA 2 P-- - -- -
serca5.2nahtsselnosesularutlucirgA 2 C- - - -- -
stnemtrapA----PP-
seitilicaferacylredle/gnivildetsissA---CCP-
tsafkaerbdnadeBC-CCPP-
elbatslaicremmoCC------
sretnecytinummoCPPPPPPP
ruofnahteromhtiw(seitilicaflaitnediserytinummoC
)stnediser CCC P PP C
gnisuohevitarepooCCCCPPPC
sretneceracyaDCCCPPPC
)IepyT(secivreslaitnessEPPPPPPP
)IIepyT(secivreslaitnessEC-----C
sgnigdolyatsdednetxE----PP-
emoheracyadylimaFPPPPPPP
secneFAAAAAAA
sesuohytirorosdnaytinretarF---CPP-
sesruocfloGCCC---C
sesuohneerGAAAAAA-
emoheracyadpuorGPPPPPPP
sesuohtseuGAAAAAA-
sessenisubdesabemoH5 C/AC/AC/AC/AC/AC/AC/A
sesuohgnigdoL---CPP-
seciffO----P3P-
otyrosseccayllacipytserutcurtsdnasgnidliubrehtO
sesudezirohtua AAA AAA A
16-3
Notes:
1Manufactured homes are subject to the standards of '18.40.130, BMC.
2Agricultural uses includes barns and animal shelters, and the keeping of animals and fowl, together with their dependent young, as hereinafter set forth
per 2.5 acres: one horse or one cow; two sheep or two goats; ten rabbits; thirty-six fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese,
turkeys, etc.). For larger parcels the Planning Director may determine that a larger number of livestock is consistent with the requirements of this
section.
3Only when in conjunction with dwellings.
4Storage for more than three recreational vehicles or boats.
5Home based businesses are subject to the terms and thresholds of '18.40.110, BMC.
deunitnoC-sesUlaitnediseRfoelbaT sesUdezirohtuA
S-R1-R2-R3-R4-RO-RHMR
segaragetavirPAAAAAAA
lanoitaercerroretnecytinummocdenwoyltniojroetavirP
seitilicaf AAA AAAA
seitilicaflortnocretawmrotsetavirPAAAAAAA
egarotstaobdnaelcihevetavirPAAAAAAC/A 4
skrapetavirpdnacilbuPPPPPPPP
snoitadnuoftnenamrepnosemohderutcafunaM1 PPP PPPP
seitinummocemohderutcafunaM------P
sretnecdna,scinilc,seciffolacideM----CP-
skrapelcihevlanoitaerceRC-----P
CMB,25.81retpahCottcejbus,sngiSAAAAAAA
gnillewddlohesuoh-elgniSPPPPPPP
noitcurtsnocotlatnedicnisdraydnasgnidliubyraropmeT
krow AAA AAAA
sgnidliubeciffodnaselasyraropmeTAAAAAAA
gnillewddlohesuoh-ruofro-eerhT---PPP-
gnillewddlohesuoh-owT--PPPP-
)sselrostinudehcattaevif(sesuohnwoT---PPP-
)stinudehcattaevifnahterom(sesuohnwoT----PP-
seilppuscitsemodfoegarotsrofsdehslooTAAAAAAA
,63.81retpahCrepDUPafotrapsadevorppasesU
CMB CCC CCCC
sesuyranireteVC------
16-4
18.16.030 LOT COVERAGE AND FLOOR AREA
A. Maximum lot coverage by principal and accessory buildings shall be:
1. For newly created lots in the R-S district, determined through the PUD review procedures
set forth in Chapter 18.36, BMC, in compliance with the adopted Bozeman growth policy.
a. For existing lots in the R-S district, not more than 25 percent of the lot area shall be
covered by principal and accessory buildings.
2. Not more than 40 percent of the lot area in the R-1, R-2, R-3 and RMH districts.
3. Not more than 50 percent in the R-4 district.
4. Not more than 40 percent for residential uses or 60 percent for nonresidential or mixed
uses in the R-O district.
B. Minimum floor area requirements for each dwelling in all districts shall be that area required by the
City’s adopted International Building Code.
1. The total floor area of the unit built on a lot subject to the provisions of ‘18.42.180, Provision of
Affordable Housing, (excluding area used for a garage) shall not exceed a floor area ratio
of 1:3.3. For example, if the lot is 5,000 square feet the square footage of the house can
not exceed 1,515, or a ratio of 1 square foot of floor area for each 3.3 square feet of lot
area.
18.16.040 LOT AREA AND WIDTH
A. All lots shall have a minimum area as set forth in the table below and are cumulative. These mini-
mums assume a lack of development constraints:
Table 16-2
elbaThtdiWdnaaerAtoL teeFerauqSniaerAtoLmuminiM
S-R1-R2-R3-R4-RO-RHMR
gnillewddlohesuoh-elgniS hpargaraPeeS
wolebB 000,5 1 000,5 1 000,5 1 000,5 1 000,5 1 000,5 1
gnillewddlohesuoh-owT--000,6000,6000,6000,6-
dlohesuoh-ruofro-eerhtnignillewdrepaeratoL
snoitarugifnocgnillewd --- 000,3000,3000,3-
sesuohnwoT---000,3 2 000,3 2 000,3 2 -
gnillewdtsrif-stnemtrapA ---- 000,5000,5-
tsrifehtretfagnillewdhcae-stnemtrapA ---- 006006-
gnillewdyrosseccanarofderiuqeraeralanoitiddA
tinu3 00,104 000,1000,1 5 000,1 5 000,1 5 000,1 5 -
16-5
Notes:
1Additional area will be needed for corner lots, and may be necessary for property adjacent to watercourses, ridgelines or other environmental features in
order to provide an appropriate buildable are on the lot, or for larger homes.
2For townhouse clusters the minimum average lot area per dwelling in an individual structure shall be 3,000 square feet.
3As defined in Chapter 18.80, BMC and subject to the requirements of Chapter 18.40, BMC.
4Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
5Second dwellings in accessory buildings are subject to all restrictions in this title relating to accessory buildings. Lot area and width shall be provided
as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to '18.40.030, BMC.
B.Lot Area and Width for R-S, Residential Suburban Lots.
1. Lot area and width for newly created lots in R-S districts shall be determined through the
PUD review procedures set forth in Chapter 18.36, BMC and in compliance with the
adopted Bozeman growth policy. Unless otherwise approved through the planned unit
development process, the average lot size shall be one acre.
2. Existing lots in the R-S district not utilizing a community water and/or sewer system shall
be considered nonconforming lots if less than one acre in area and/or 100 feet in width
and subject to Chapter 18.66, BMC. Existing lots in the R-S district utilizing a community
water and/or sewer system shall be considered nonconforming lots if less than one-half
acre in area and/or 100 feet in width and subject to Chapter 18.60, BMC.
C. When new lots are created utilizing the modular lotting provisions of '18.42.030, BMC, they shall
be developed in combination adequate to meet the width requirements of subsections A and B of
this section.
18.16.050 YARDS
A. Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are:
1. Front yard:
a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet
b. Adjacent to collector streets as designated in the Bozeman growth policy - 20 feet
c. Adjacent to local streets - 15 feet
2. Rear yard - 20 feet
3. Side yard - 5 feet
deunitnoC-elbaThtdiWdnaaerAtoL teeFnihtdiWtoLmuminiM
S-R1-R2-R3-R4-RO-RHMR
gnillewddlohesuoh-elgniS hpargaraPeeS
wolebB 050505050505
gnillewddlohesuohowT--06060505-
tinugnillewdyrosseccA5 050506060606-
gnillewddlohesuoh-ruofro-eerhtnignillewdreP
snoitarugifnoc ---060606-
sesuohnwoT---fohtdiW
stinuroiretni
fohtdiW
stinuroiretni
fohtdiW
stinuroiretni -
sesurehtollA hpargaraPeeS
wolebB 050505050505
16-6
4. All vehicle entrances into garages shall be no closer than 20 feet to a property line, unless
explicitly authorized otherwise under this title.
B. Minimum yards required for the R-S district are:
1. For lots created in the R-S district prior to the effective date of these regulations:
a. Front yard - 35 feet
b. Rear yard - 25 feet
c. Side yard - 25 feet
2. Minimum yard requirements for newly created R-S lots shall be determined through the
PUD review process.
3. All pens, coops, barns, stables or permanent corrals shall be set back not less than 100 feet
from any residence or public road and not less than 50 feet from any property line.
C. When a lot has 1 or more principal buildings which are oriented to place the functional rear of a
building adjacent to a side lot line a setback from the property line equal to that for a rear yard shall
be provided.
D All yards are subject to the provisions of'18.30.060, '18.38.070, '18.42.100, '18.44.100 and
'18.48.110, BMC.
18.16.060 BUILDING HEIGHT
Maximum building height for each residential district shall be as follows:
Table 16-3
18.16.070 RESIDENTIAL GARAGES
Attached residential garages shall not obscure the entrance to the dwelling. Attached garages are encour-
aged to be clearly subordinate to the dwelling. A subordinate garage has one or more of the following
characteristics:
A. The principal facade of the dwelling has been emphasized through the use of architectural features
such as, but not limited to, porches, fenestration treatment, architectural details, height, orientation
or gables, so that the non-garage portion of the residence is visually dominant;
B. The facade with the garage vehicle entrance(s) is recessed at least 4 feet behind the facade of the
dwelling containing the main entry; and/or
C. The area of the garage vehicle door(s) comprise 30 percent or less of the total square footage,
exclusive of any exposed roof areas, of the principal facade of the dwelling.
Alternative means of addressing the intent of this section will be considered. Detached garages are en-
couraged when they are compatible with the existing neighborhood development pattern. Vehicular ga-
rage access on non-principal facades and/or alleys is also encouraged.
elbaTthgieHgnidliuBlaitnediseR teeFnithgieHgnidliuBmumixaM
teeFnihctiPfooRS-R1-R2-R3-R4-RO-RHMR
21:3nahtsseL42424223434342
21:6nahtsseltubretaergro21:303828283838382
21:9nahtsseltubretaergro21:643232304242423
21:9nahtretaerG83636324444463
16-7
18.16.080 ADDITIONAL RMH DISTRICT PERFORMANCE STANDARDS
Development of any parcel of land within the RMH district shall be subject to all applicable requirements
of Chapter 18.40, BMC, Standards for Specific Uses and Chapter 18.42, BMC, Development Standards,
including, but not limited to, fences, parking, signs, landscaping and home occupations. In addition, manu-
factured home communities will be subject to the following general requirements:
A.Minimum Area for Manufactured Home Community District.
1. The minimum total RMH district area shall be no less than 10 acres unless the applicant
can show that the minimum area requirements should be waived because the waiver would
be in the public interest and that one or both of the following conditions exist:
a. Unusual physical features of the property itself or of the surrounding area such
that development under the standard provisions of this title would not be appro-
priate in order to conserve a physical or terrain feature of importance to the neigh-
borhood or community; or
b. The property is adjacent to or across the street from property which has been
developed under the provisions of this section and will contribute to the amenities
of the area.
2. Waiver of the 10 acre minimum may only be granted by the City Commission.
16-8
18-1
CHAPTER 18.18
COMMERCIAL ZONING DISTRICTS
18.18.010 INTENT AND PURPOSE OF COMMERCIAL ZONING DISTRICTS
The intent and purposes of the commercial zoning districts are to establish areas within Bozeman that are
primarily commercial in character and to set forth certain minimum standards for development within
those areas. The purpose in having more than one commercial district is to provide opportunities for a
variety of employment and community service opportunities within the community, while providing a
basic level of predictability. There is a rebuttable presumption that the uses set forth for each district will
be compatible with each other both within the individual districts and to adjoining zoning districts when
the standards of this title are met and any applicable conditions of approval have been satisfied. Additional
requirements for development apply within overlay districts.
A. The intent of the B-1 neighborhood business district is to provide for smaller scale retail and
service activities frequently required by neighborhood residents on a day to day basis, as well as
residential development as a secondary purpose, while still maintaining compatibility with adjacent
residential land uses. Development scale and pedestrian orientation are important elements of this
district.
B. The intent of the B-2 community business district is to provide for a broad range of mutually
supportive retail and service functions located in clustered areas bordered on one or more sides by
limited access arterial streets.
C. The intent of the B-3 central business district is to provide a central area for the community’s
business, government service and cultural activities. Uses within this district should be appropriate
to such a focal center with inappropriate uses being excluded. Room should be provided in appro-
priate areas for logical and planned expansion of the present district.
1. It is the intent of this district to encourage high volume, pedestrian-oriented uses in ground
floor space in the “core area” of Bozeman’s central business district, i.e., along main Street
from Grand to Rouse and to the alleys one-half block north and south from Main Street.
Lower volume pedestrian uses such as professional offices may locate on ground floor
space in the B-3 area outside the above defined core.
18.18.020 AUTHORIZED USES
A. Uses in the various commercial districts are depicted in the table below. Principal uses are indicated
with a “P”, conditional uses are indicated with a “C”, accessory uses are indicated with an “A”, and
uses which are not permitted within the district are indicated by a “-”. A particular proposed
development or use may fall under more than one listed category with different review processes.
In such cases, the more stringent review process shall apply.
B. The uses listed are deliberately broad and some are given special definitions in Chapter 18.80,
BMC. The intent of this method is to provide general guidance for uses while allowing the unique
needs and circumstances of each proposal to be specifically addressed through the review process.
Some uses are the subject of special regulations contained in Chapter 18.40, BMC.
C. Additional uses for telecommunications are established in Chapter 18.54, BMC.
18-2
Table 18-1
sesUlaicremmoCfoelbaT sesUdezirohtuA
1-B2-B3-B
ecivresecnalubmA -PP
eltitsihtnidenifedsa,sgnidliubtnemtrapAdnastnemtrapA PP1C/P3
eltitsihtnidenifedsa,retnectnemniatretnednastrA PPP
seitilicaferacylredle/gnivildetsissA -C-
eltitsihtnidenifedsa,riaperroselasleufelibomotuA CCC
)etavirprocilbup(egaragrotolgnikrapelibomotuA PPP
tnemhsilbatsegnihsawelibomotuA CPC
snoitutitsnilaicnanifrehtodnasknaB PPP
loohcslanoitacovrolacinhcet,ssenisuB -CP3
slanimretsuB -CC
sretnecytinummoC CPP3
sesuecneinevnoC CPC
tnaruatseresuecneinevnoC PPP
sretneceracyaD PPP
)IepyT(secivreslaitnessE PPP
)IIepyT(secivreslaitnessE -CC
sgnigdoltats-dednetxE -P-
seitilicafgnissecorpdooF -C-
latnerrekcoldnaegarotsdoofnezorF -P-
stnemhsilbatseesicrexednahtlaeH P1 C/PP
slatipsoH -PC
letomroletoH -PP
citsongaiddnahcraeser,seirotarobaL -PP3
gninaelcyrd,yrdnuaL -CC
eltitsihtnidenifedsa,riapersdoogthgiL -C-
sesuohgnigdoL -CC3
sroodniyletelpmocdnathgil,gnirutcafunaM -C-
yrautroM -CC
muesuM -CC
scinilclatneddnalacideM P1 C/PP3
18-3
Notes:
1When located on the second or subsequent floor.
2Excluding adult businesses, and large scale retail, as they are defined in Chapter 18.80, BMC.
3Except on ground floor in the core area as defined in this chapter.
4Private arts instruction shall only be on the second or subsequent floor in the core area as defined in this chapter.
5On the ground floor in the core area as defined in this chapter.
18.18.030 LOT COVERAGE AND FLOOR AREA
A. In the B-1, B-2 and B-3 districts, the entire lot, exclusive of required yards and parking, may be
occupied by the principal and accessory buildings. This title provides opportunities for parking
requirements to be met by shared and off-site parking as allowed by Chapter 18.46, BMC.
deunitnoC-sesUlaicremmoCfoelbaT sesUdettimreP
1-B2-B3-B
llahgniteeM -PP
eltitsihtnidenifedsa,seciffO P1 C/PP3C/5
sesudettimrepotyrosseccayllacipytserutcurtsdnasgnidliubrehtO AAA
seitilicafgnikraP PPP3
eltitsihtnidenifedsa,secivresecneinevnocdnalanosreP PPP
pohsgnimoorgteP PPP
stnemhsilbatsegnihsilbupdnaseciffognitnirP --C
egdolroytiroros,ytinretarf,bulcetavirP -PP
sgnidliubcilbuP PPP
sreniatnocgnilcycerdnaesufeR AAA
seirotarobalhcraeseR -PP
stnaruatseR PPP
eltitsihtnidenifedsa,sesuliateR P2 P2 P2
elacsegral,liateR -P-
noitpmusnocesimerp-noroflohoclafoselaS CCC
)noitacirbafngisnoengnidulcniton(spohstniapngiS -PC
,sreliart,staob,sracrofecivresyretslohpuetisnognidulcxe(spohsyretslohpU
)egarotsthginrevogniriuqerselcihevdezirotomrehtodnaskcurt -PP3
cinilcyranireteV -C-
signisuoherawgnidivorp,steltuoliateresimerp-nohtiwsrotubirtsidelaselohW
sesimerpehtnodloserahcihwseitidommocotdetimil -C-
sesimerpnokcotstonodtub,selpmasesutahtstnemhsilbatseelaselohW -PP
dennalpafotrapsadevorppasonisacdnasessenisubtludatpecxe,esuynA
CMB,63.81retpahCfosnoisivorpehtottcejbustnempolevedtinu CCC
18-4
B. In the B-1 district, the footprint of individual buildings shall not exceed 5,000 square feet.
C. Minimum floor area requirements for each dwelling in all districts shall be that area required by the
City’s adopted International Building Code.
18.18.040 LOT AREA AND WIDTH
A. All newly created lots shall have a minimum area adequate to provide for required yards and park-
ing but in no case shall they be less than:
1. B-1 - 5,000 square feet
2. B-2 - No minimum size
3. B-3 - No minimum size
B. Lot width for all newly created lots shall not be less than:
1. B-1 - 50 feet
2. B-2 - 100 feet
3. B-3 - No minimum width
C. When new lots are created utilizing the modular lotting provisions of '18.42.030, BMC, they shall
be developed in combination adequate to meet the width and area requirements of subsections 1
through 3.
18.18.050 YARDS
A. Minimum yards required for the B-1 and B-2 districts are:
1. Buildings:
Front yard – 7 feet, except along arterials where minimum is 25 feet
Rear yard – 10 feet
Side yards – 5 feet (except zero lot lines as allowed by '18.38.060, BMC)
2. Parking and loading areas:
Front yard – 25 feet
Rear yard – 10 feet
Side yards – 8 feet
3. The purpose of differentiated yard setback requirements is to encourage the placement
and development of buildings in a manner to address the street and adjacent pedestrian
activity and encourage a vigorous and diverse streetscape.
4. All vehicle entrances into garages shall be no closer than 20 feet to a property line, unless
explicitly authorized otherwise under this title.
B. Minimum yards required for the B-3 district are:
1. No minimum yards prescribed for the B-3 district except a 7-foot front yard shall be re-
quired on Mendenhall and Babcock Streets.
2. Where at least 50 percent of a block (from cross-street to cross-street) in the B-3 district is
presently used for residential purposes and commercial use is to be developed or expanded,
a minimum 15-foot corner side or front yard shall be required from the streets on which
the residential use fronts.
18-5
C. All yards shall be subject to the provisions of '18.30.060, '18.38.060, '18.42.100 and '18.44.100,
BMC, when applicable.
18.18.060 BUILDING HEIGHT
Maximum building height for each commercial district shall be as follows:
A. In the B-1 district:
1. Roof pitch less than 3:12 – 34 feet
2. Roof pitch 3:12 or greater – 38 feet
B. In the B-2 district:
1. Roof pitch less than 3:12 – 38 feet
2. Roof pitch 3:12 or greater – 44 feet
3. Maximum height allowed by 1 and 2 above may be increased by up to a maximum of 50
percent when the B-2 zoning district is implementing a Regional Commercial and Services
growth policy land use designation.
4. Maximum height otherwise cumulatively allowed by this section may be increased by 30
percent through the approval of a conditional use permit, but only when the additional
height is a specifically identified purpose of the review.
C. In the B-3 district:
1. In the B-3 district core area – 55 feet
2. In the B-3 district outside of the core area – 70 feet
18-6
20-1
CHAPTER 18.20
INDUSTRIAL ZONING DISTRICTS
18.20.010 INTENT AND PURPOSE OF INDUSTRIAL ZONING DISTRICTS
The intent and purposes of the industrial zoning districts is to establish areas within Bozeman that are
primarily industrial in character and to set forth certain minimum standards for development within those
areas. The purpose in having more than one industrial district is to provide opportunities for a variety of
employment and community service functions within the community while providing a basic level of
predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible
with each other when the standards of this title are met and any applicable conditions of approval have
been satisfied. Additional requirements for development apply within overlay districts.
A. The intent of the M-1 light manufacturing district is to provide for the community’s needs for
wholesale trade, storage and warehousing, trucking and transportation terminals, light manufactur-
ing and similar activities. The district should be oriented to major transportation facilities yet ar-
ranged to minimize adverse effects on residential development, therefore, some type of screening
may be necessary.
B. The intent of the M-2 manufacturing and industrial district is to provide for heavy manufacturing
and industrial uses, servicing vocational and employment needs of Bozeman residents.
C. The intent of the B-P business park district is to provide for high quality settings and facilities for
the development of a 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 re-
quired.
18.20.020 AUTHORIZED USES
A. Uses in the various industrial districts are depicted in the table below. Principal uses are indicated
with a “P”, conditional uses are indicated with a “C”, accessory uses are indicated with an “A”, and
uses which are not permitted with the district are indicated by a “-”. A particular proposed devel-
opment may fall under more than one listed category with different review processes. In such
cases, the more stringent review process shall apply.
B. The uses listed are deliberately broad and are defined in Chapter 18.80, BMC. The intent of this
method is to provide general guidance for uses while allowing the unique needs and circumstances
of each proposal to be specifically addressed through the review process. Some uses are the subject
of special regulations contained in Chapter 18.40, BMC.
C. Additional telecommunication uses are established in Chapter 18.54, BMC.
Table 20-1
sesUlairtsudnIfoelbaT sesUdettimreP
PB1-M2-M
ssenisubtludA1 -P1P1
ecivresecnalubmA -PP
seitilicaflanoitaercerdnatnemesumA -PC
20-2
deunitnoC-sesUlairtsudnIfoelbaT sesUdettimreP
PB1-M2-M
sretlehslaminA -CC
latnerro/dnaecivres,selaselcihevlanoitaercerrotaob,elibomotuA -PP
eltitsihtnidenifedsa,riaperroelasleufelibomotuA -PP
)etavirprocilbup(egaragrotolgnikrapelibomotuA A/P 2 A/P 2 A/P 2
tnemhsilbatsegnihsawelibomotuA -PP
snoitutitsnilaicnanifrehtodnasknaB CPC
eltitsihtnidenifedsa,retnecytinummoC -PC
retneceracyaD A/C 3 A/C 3 A/C 3
ytilicafgnissecorpdooF -PP
)IepyT(secivreslaitnessE PPP
)IIepyT(secivreslaitnessE CCP
secneF AAA
stnemhsilbatseesicrexednahtlaeH CPP
slatipsoH P--
letomroletoH -PP
sdrayegavlas/noitcuderelibomotuaroegavlasknuJ --C
citsongaiddnahcraeser,seirotarobaL PPP
eltitsihtnidenifedsa,riapersdoogthgiL -PP
thgil,gnirutcafunaM P4 P4 P
snoisivorpllahtiwecnailpmocnifisepytllafosesulairtsudnirognirutcafunaM
.noitcessihtnidetatsesiwrehtosselnueltitsihtfo --P
scinilclacideM PPP
eltitsihtnidenifedsa,seciffO P5 PP
sesudettimrepotyrosseccayllacipytserutcurtsdnasgnidliubrehtO AAA
egarotsedistuO A/-6 A/P 6 A/P 6
eltitsihtnidenifedsa,secivresecneinevnocdnalanosreP -CC
ecneinevnocdnadoof,noitacude,secivresgnidivorpseitilicafecivreslennosreP
esulapicnirpehtnideyolpmelennosrepesohtrofyliramirpsdoog AAA
)sagdnacirtcele(seitilicafnoitarenegdnagnirutcafunamnoitcudorP --C
sgnidliubcilbuP PPP
ton,stcudorpdetalerdnaetisnodesuoherawrodecudorpsdoogfoselasliateR
sselsirevehcihw,teeferauqs000,01roaeraroolfssorgfotnecrep02deecxeot AAA
20-3
Notes:
1Subject to the requirements of '18.40, BMC.
2As required by this title and meeting the standards of this title.
3If primarily offering services to a single business or group of businesses within the same building or building complex.
4Completely enclosed within a building.
5Professional and business offices only.
6Only if accessory to a principal use and if screened from the street and surrounding properties by a solid fence or dense plantings at least 6 feet in height.
7For the purposes of this section, accessory means less than 50 percent of gross floor area of a building, and being generally located on the second or
subsequent floor.
8Occupying not more than 45 percent of total building area of a food processing facility.
9Limited to state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total
building area of a food processing facility.
10Subject to the requirements of Chapter 18.52, BMC.
deunitnoC-sesUlairtsudnIfoelbaT sesUdettimreP
PB1-M2-M
dettimrepafonoitarepoehtotyrosseccaylraelcsihcihwesulaitnediseR
esulanoitidnocrolapicnirp7 -A7A7
tnaruatseR8 -P8P8
segarevebcilohoclagnivresstnaruatseR9 -C9C9
sreniatnocgnilcycerdnaesufeR AAA
noitcessihtnidetsilsesulapicnirpnahtrehtostnemhsilbatseliateR -CC
sngiS 01 AAA
noitatsrefsnartetsawdiloS --C
krownoitcurtsnocgniog-nootlatnedicnisdraydnasgnidliubyraropmeT AAA
seitilicaflanimretliardnasub,kcurT -PP
seitilicafgnileufdna,gnihsaw,riaperkcurT -CP
stnemhsilbatsehcraeserygolonhceT PPP
sloohcsedarT -PP
scinilcyranireteV PPP
gnisuoheraW -PP
)gnisuoherawinim(egarotslaitnediser,gnisuoheraW -PP
dennalpafotrapsadevorppa,elacsegral,liaterdnasonisactpecxe,esuynA
CMB,63.81retpahCfosnoisivorpehtottcejbustnempolevedtinu CCC
20-4
18.20.030 LOT COVERAGE AND FLOOR AREA
A. In the M-1 and M-2 districts, the entire lot, exclusive of required yards and parking, may be occu-
pied by the principal and accessory buildings. This title provides opportunities for parking require-
ments to be met by shared and off-site parking as allowed by Chapter 18.46, BMC.
B. In the B-P district, not more than 60 percent of the total lot area shall be occupied by impervious
surfaces. The remaining 40 percent of the total lot area shall be landscaped as defined in this title.
C. Minimum floor area requirements for each dwelling in all districts shall be that area required by the
City’s adopted International Building Code.
18.20.040 LOT AREA AND WIDTH
A. All newly created lots shall have a minimum area adequate to provide for required yards and park-
ing but in no case shall they be less than:
1. In the M-1 district - 7,500 square feet
2. In the M-2 district - No minimum area
3. In the B-P district - 43,560 square feet
B. Lot width for all newly created lots shall not be less than:
1. In the M-1 district - 75 feet
2. In the M-2 district - 100 feet
3. In the B-P district - 150 feet
C. When new lots are created utilizing the modular lotting provisions of '18.42.030, BMC, they shall
be developed in combination adequate to meet the width and area requirements of this section.
18.20.050 YARDS
A. Minimum yards required for the M-1 and M-2 districts are:
1. Structures (unless otherwise permitted by this title):
a. Front yard – 20 feet
b. Rear yard – 3 feet
c. Side yards – 3 feet (except zero lot lines as allowed by '18.38.060, BMC)
2. Parking and loading areas:
a. Front yard – 20 feet
b. Rear yard – 0 feet
c. Side yards – 0 feet
B. Minimum yards required for the B-P district are:
1. Front yard – 25 feet
2. Rear yard – 20 feet
3. Side yards – 15 feet (except zero lot lines as allowed by section '18.38.060, BMC)
4. All yards fronting on public or private streets shall be a minimum of 25 feet. Front, rear
and side yard requirements shall be increased 3 feet for each additional 5,000 square feet
over a total gross footprint area of 25,000 square feet, up to maximum requirement of 40
feet for rear and side yards and 50 feet for front yards.
20-5
C. All yards shall be subject to the provisions of '18.30.060, '18.38.060, '18.42.100 and '18.44.100,
BMC, when applicable.
18.20.060 BUILDING HEIGHT
Maximum building height for each industrial district shall be as follows:
A. In the M-1 and M-2 districts – 45 feet
B. In the B-P district:
1. Roof pitch less than 3:12 – 38 feet
2. Roof pitch 3:12 or greater – 44 feet
3. Maximum height otherwise allowed by 1 and 2 above may be increased by up to a maxi-
mum of 50 percent when the B-P zoning district is implementing a Regional Commercial
and Services growth policy land use designation.
4. Maximum height otherwise cumulatively allowed by this section may be increased by 30
percent through the approval of a conditional use permit, but only when the additional
height is a specifically identified purpose of the review.
20-6
26-1
CHAPTER 18.26
REQUIREMENTS FOR CREATION OF A
HISTORIC MIXED USE DISTRICT
18.26.010 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, provisions 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 growth policy, 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 (HMU) district is intended to provide procedures and criteria for recog-
nition 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 HMU district will be very selectively used and shall not be
used as a mechanism to discourage development of any permitted use within the district.
18.26.020 CRITERIA FOR ESTABLISHMENT OF THE HISTORIC MIXED USE DISTRICT
Before any area is designated as a HMU district, the City Commission shall make affirmative findings that:
A. The area to be classified as a HMU district includes the approximate equivalent of at least one
standard City block of 300 feet by 300 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 growth
policy and other applicable policies adopted by the City;
C. At least 50 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 growth policy applicable to preexisting nonconforming uses;
F. The uses to be permitted within the HMU district will be compatible with one another and will
provide a functional and healthful environment; and
G. The uses to be permitted and the development standards to be applied in the proposed district will
promote the objectives of the growth policy and other applicable policies adopted by the City.
18.26.030 HISTORIC MIXED USE DISTRICT ELEMENTS
Because the HMU 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 HMU district to a specific area shall
contain the following elements:
26-2
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 perfor-
mance standards to be used in evaluating specific activities. This section shall govern the uses
within a particular HMU district; and
C. A standards section setting forth general development standards governing parking, lot coverage,
setbacks, height limitations and other factors which are either different than or supplemental to the
normal standards of this title.
D.Exemption. When an area has been classified as an HMU district, the general building and devel-
opment standards set forth in this title shall govern. However, if the special development stan-
dards set forth under '18.26.030.C of this chapter are more restrictive than the general develop-
ment standards, the special development standards set forth under '18.26.030.C shall prevail.
18.26.040 INITIATION, PROCEDURES AND NOTICE
Application for HMU district designation shall be administered under the provisions established in Chap-
ters 18.68 and 18.70, BMC, Text Amendments and Zone Map Amendments.
30-1
CHAPTER 18.30
BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT
18.30.010 TITLE
These regulations shall be known as the Bozeman entryway corridor overlay district regulations and may
be cited as the entryway corridor regulations.
18.30.020 INTENT AND PURPOSE
A. There are several arterial corridors entering Bozeman that introduce visitors and residents alike to
Bozeman. The visual attributes of these roadways provide a lasting impression of the character of
Bozeman. It is the intent and purpose of this chapter to ensure that the quality of development
along these corridors will enhance the impression and enjoyment of the community both by guid-
ing development and change that occurs after the adoption of the ordinance codified in this title,
and by stimulating and assisting, in conjunction with other provisions of this title, improvements in
signage, landscaping, access and other contributing elements of entry corridor appearance and
function.
B. It is the intent of this chapter to establish design criteria, standards and review procedures that will
allow the City and its advisory boards and agencies to review and direct, in a fair and equitable
manner, the development and redevelopment of future and existing properties and facilities within
the entry corridors. The recommendations of the Design Review Board or administrative design
review staff shall be given careful consideration in the final action of the Planning Director or the
City Commission.
18.30.030 APPLICATION OF ENTRYWAY CORRIDOR PROVISIONS
Entryway corridors shall be designated on the City’s Official Zoning Map. The provisions of this chapter
shall be applied in addition to any other applicable regulations of this title. Specifically, these provisions
shall be applied to all developments within such corridors as follows:
A.Class I. All development wholly or partially within 660 feet of the centerline of the following
roadways:
1. Interstate 90, within or adjacent to the Bozeman City boundaries, measured from the
centerline of the outside lanes of the opposing roadways and from the centerline of the
access ramps;
2. Interstate 90 frontage roads, within the Bozeman City boundaries, whether or not they are
designated frontage roads;
3. U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the Bozeman
City boundaries;
4. U.S. 191, west from Ferguson Road to the Bozeman City boundaries;
5. Nineteenth Avenue, north from Durston Road to the North 19th Avenue/Interstate 90
interchange, exclusive of the east side between Durston Road and the south boundary of
Covered Wagon Mobile Home Park; and
6. Oak Street, west from North Seventh Avenue to North Nineteenth Avenue.
30-2
B.Class II. All development wholly or partially within the lesser of one city block or 330 feet of the
centerline of the following roadways, with the exception of residentially zoned lots (no exception
for R-O district) that have no frontage upon said roadways:
1. Seventh Avenue, south from the Interstate 90 interchange to Main Street;
2. Nineteenth Avenue, south from Durston Road to the Bozeman City boundary, and the east
side of Nineteenth Avenue, between the south boundary of Covered Wagon Mobile Home
Park and Durston Road;
3. Main Street, east from Broadway to Interstate 90;
4. Main Street, west from Seventh Avenue to Ferguson Road;
5. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and east
to the Bozeman City boundary;
6. Oak Street, west from Nineteenth Avenue to the east edge of Rose Park; and
7. Oak Street, east from Seventh Avenue to Rouse Avenue.
18.30.040 DESIGN REVIEW BOARD AND ADMINISTRATIVE DESIGN REVIEW STAFF
POWERS AND DUTIES WITHIN ENTRYWAY CORRIDORS
The Design Review Board and administrative design review staff shall have the duties and powers estab-
lished by Chapter 18.62, BMC, within entryway corridors:
18.30.050 CERTIFICATE OF APPROPRIATENESS
A certificate of appropriateness, received from either the Planning Director or the City Commission after
recommendation by the administrative design review staff or Design Review Board, shall be required
before any and all alteration(s), other than repair as defined in Chapter 18.80, BMC, are undertaken upon
any structure in the entryway corridor. For alterations not requiring City Commission approval, compli-
ance with the Planning Director’s decisions will be mandatory subject to appeal to the City Commission as
set forth in Chapter 18.66, BMC. Application procedures are as follows:
A. No building, demolition, sign (if a deviation is requested), conditional use permit or moving per-
mit shall be issued within an entryway corridor until a certificate of appropriateness has been
issued by the appropriate review authority and until final action on the proposal has been taken.
B. Application, review and public notice procedures for proposals located within entryway corridors
are set forth in Chapter 18.34, BMC, Review Procedures for Site Development; Chapter 18.62,
BMC, Development Review Committee, Design Review Board, Administrative Design Review
Staff and Wetlands Review Board; and Chapter 18.76, BMC, Noticing.
C. A denial of a certificate shall be accompanied by a written statement of reasons for the denial.
18.30.060 DESIGN CRITERIA AND DEVELOPMENT STANDARDS IN ENTRYWAY COR-
RIDORS
In addition to the standards of Chapter 18.34, the following general design criteria and development
standards shall apply to all development occurring within the areas described in '18.30.030, BMC, above:
A. The proposed development shall also comply with all applicable design standards and guidelines,
including the Design Objectives Plan for entryway corridors.
B.Setback, Parking, Building and Landscape Standards. The setback from any entryway corridor
roadway right-of-way shall be landscaped, including the screening or buffering of parking areas,
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through the use of berms, depressed parking, native landscape materials surrounding and within
parking areas, or other means in order to preserve the area’s natural views.
In addition to the qualitative design standards and guidelines in the Design Objectives Plan for
entryway corridors, parking areas and buildings shall:
1. Be set back at least 50 feet from any Class I entryway corridor roadway right-of-way, or
2. Be set back at least 25 feet from any Class II entryway corridor roadway right-of-way.
18.30.070 APPLICATION REQUIREMENTS FOR CERTIFICATES OF APPROPRIATE-
NESS IN ENTRYWAY CORRIDOR
Applications for certificates of appropriateness shall be made in conjunction with applications for site plan
approval, in accordance with Chapter 18.34, BMC. Where development projects in the entryway corridor
require only sketch plan review as per Chapter 18.34, BMC (e.g. single-household, two-household, three-
household and four-household residential structures, each on individual lots; signs; fences; property alter-
ations; and certain amendments to site plans), applications for certificates of appropriateness shall be
made in conjunction with an application for sketch plan review on a form provided by the Planning
Department, and shall include the information and material as set forth in Chapter 18.78, BMC.
18.30.080 DEVIATION FROM OVERLAY OR UNDERLYING ZONING REQUIREMENTS
A. To accomplish the intent and purpose of this chapter it may be necessary to deviate from the strict
application of the overlay or underlying zoning requirements. Deviations from the underlying
zoning requirements may be granted by the City Commission after considering the recommenda-
tions of the Design Review Board or administrative design review staff.
B. The application for deviation shall be subject to the submittal and procedural requirements of
Chapters 18.34 and 18.78, BMC, . The application shall be accompanied by written and graphic
material sufficient to illustrate the initial and final conditions that the modified standards will pro-
duce. The City Commission shall make a determination that the deviation will produce an environ-
ment, landscape quality and character superior to that produced by the existing standards, and
which will be consistent with the intent and purpose of this chapter, and with the adopted Design
Objectives Plan for the particular entryway corridor. Upon such a finding, the City Commission
may authorize deviations of up to 20 percent beyond or below minimum or maximum standards
respectively, as established in the underlying zoning district regulations. If the City Commission
does not find that the proposed modified standards create an environment, landscape quality and
character superior to that produced by the existing standards, and which will be consistent with the
intent and purpose of this chapter, and with the adopted Design Objectives Plan for the particular
entryway corridor, no deviation shall be granted.
18.30.090 APPEALS
Aggrieved person, as defined in Chapter 18.80, BMC, may appeal the decision of the Planning Director or
City Commission pursuant to the provision of Chapter 18.66, BMC. In such event, the issuance of a
certificate shall be stayed until the appeal process has been completed.
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CHAPTER 18.32
CASINO OVERLAY DISTRICT
18.32.010 INTENT
The intent of the casino overlay district is to provide suitable locations for casinos, as defined in this title,
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 general welfare.
18.32.020 APPLICATION FOR ZONING DESIGNATION
Any person wishing to establish a casino must make application as per Chapter 18.70, BMC, Zoning Map
Amendments, for a casino overlay district.
18.32.030 AUTHORIZED USES
Authorized uses in the casino overlay district are as follows:
A. Principal uses:
1. All principal uses permitted in the M-1 district if the underlying zoning is M-1
2. All principal uses permitted in the M-2 district if the underlying zoning is M-2
B. Conditional uses:
1. Casinos
2. All conditional uses permitted in the M-1 district if the underlying zoning is M-1
3. All conditional uses permitted in the M-2 district if the underlying zoning is M-2
C. Accessory uses:
1. All accessory uses permitted in the M-1 district if the underlying zoning is M-1
2. All accessory uses permitted in the M-2 district if the underlying zoning is M-2
18.32.040 RESTRICTIONS
A. Casino overlay districts shall be permissible zoning only in areas zoned M-1, Light Manufacturing
District, or M-2, Manufacturing and Industrial District.
B. Casino overlay districts shall not be located within an entryway corridor overlay district except for
the Interstate 90 entryway overlay corridor. Casino overlay districts shall not be located in areas
where the Interstate 90 entryway corridor overlaps other entryway corridor overlay districts.
C. Casino overlay district lots shall not be located within 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 res-
taurant establishments.
E. Casinos granted approval for sales for on-premise consumption of alcohol may not also sell auto-
motive fuels.
18.32.050 LOT AREA AND WIDTH
There shall be no minimum lot area, however no lot width shall be less than 100 feet and the lot area shall
be sufficient to provide all required yard areas and off-street parking.
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18.32.060 LOT COVERAGE
The entire lot, exclusive of required yards, landscaping and parking may be occupied by the principal and
accessory buildings.
18.32.070 YARDS
Every lot within a casino overlay district shall have the following minimum yards:
A. Front yard - 25 feet
B. Rear yard - 10 feet
C. Side yards - 8 feet each side
(Note: All yards shall be subject to the provisions of '18.30.060, '18.42.100 and '18.44.100, BMC, when
applicable.)
18.32.080 BUILDING HEIGHT
Maximum building height in a casino overlay district shall be:
A. Roof pitches of less than 3:12 - 32 feet
B. Roof pitches of 3:12 or greater - 38 feet
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CHAPTER 18.34
SITE PLAN REVIEW
18.34.010 INTRODUCTION
A. All development proposals within the City will be subject to plan review and approval. Depending
on the complexity of development and status of proposed use in the applicable zoning district,
either sketch plans, site plans or conditional use permits will be required as specified in this chapter.
B. Special development proposals (e.g., PUDs, CUPs, variances, etc.) require other information to be
submitted in conjunction with sketch plans or site plans and are subject to requirements specific to
the type of proposal. These additional submittal requirements and review procedures are outlined
in '18.34.030, BMC.
C. When a development is proposed within a neighborhood conservation or entryway corridor over-
lay district, or proposes signs which do not specifically conform to the requirements of this title,
design review is required in conjunction with either sketch plan or site plan review. In such cases,
additional submittal requirements and review procedures apply as outlined in '18.78.090, BMC.
D.Conditional Uses. Certain uses, while generally not suitable in a particular zoning district, may,
under certain circumstances, be acceptable. When such circumstances can be demonstrated to
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. No conditional use permit shall
be granted for a use which is not specifically designated as a conditional use in this title.
E. Approval shall be granted for a particular use and not for a particular person or firm.
F. This chapter is provided to meet the purposes of '18.02.040, BMC and all other relevant portions
of this tittle.
18.34.020 CLASSIFICATION OF SITE PLANS
A. All developments within the City, except individual single-household, two-household, three-house-
hold and four-household residential structures, each on individual lots, and other development
proposals specifically identified as requiring only sketch plan review, shall be subject to site plan
review procedures and criteria of this chapter and the applicable submittal requirements of Chap-
ter 18.78, BMC. For the purposes of this title, site plans will be classified as either a master site plan
or a site plan.
B. A master site plan is a generalized development plan that establishes building envelopes and overall
entitlements for complex, large-scale projects that will require multiple years to reach completion.
Use of a master site plan is an option and not required. A master site plan involves one or more of
the following:
1. One hundred or more dwelling units in a multiple household structure or structures;
2. Fifty thousand or more square feet of office space, retail commercial space, service com-
mercial space or industrial space;
3. Multiple buildings located on multiple contiguous lots and/or contiguous City blocks;
4. Multiple owners;
5. Development phasing projected to extend beyond two years; or
6. Parking for more than two-hundred vehicles.
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C. Any planned unit development shall be reviewed according to the regulations in Chapter 18.36,
BMC, in addition to this chapter.
D. Telecommunication facilities shall be reviewed according to the regulations in Chapter 18.54, BMC,
in addition to this chapter.
E. Uses identified in Chapter 18.40, BMC shall be reviewed according to the standards and regula-
tions contained in Chapter 18.40, BMC, in addition to this chapter
18.34.030 SPECIAL DEVELOPMENT PROPOSALS - ADDITIONAL APPLICATION RE-
QUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA
A.Application Requirements. Applications for special development proposals (e.g. PUD, CUP, flood
plain development permits, variances, etc.) shall include:
1. The required information for site plans described in '18.78.090, BMC;
2. Any additional application information required for specific reviews as listed in the follow-
ing chapters of this title:
a.'18.36, Planned Unit Development;
b.'18.40, Standards for Specific Uses;
c.'18.54, Telecommunications;
d.'18.58, Bozeman Floodplain Regulations; and
e.'18.66, Appeals, Deviations and Variance Procedures;
B.Review Procedures and Review Criteria. Additional review procedures and review criteria for spe-
cific development proposals are defined in the following chapters of this title:
1.'18.34.100, Conditional Use Procedure;
2.'18.36, Planned Unit Development;
3.'18.40, Standards for Specific Uses;
4.'18.54, Telecommunications;
5.'18.58, Bozeman Floodplain Regulations; and
6.'18.66, Appeals, Deviations and Variance Procedures.
18.34.040 REVIEW AUTHORITY
The City Commission and Planning Director have the review authority established in '18.64.010, BMC.
18.34.050 SKETCH PLAN REVIEW
A.Sketch Plan Submittal Requirements.
1. Certain independent development proposals (i.e., not in conjunction with other develop-
ment) are required to submit only sketch plans meeting the requirements of '18.78.110,
BMC.
2. Separate construction plans are necessary for building permits when the proposal requires
such permits. Additional information is also necessary when the proposal requires the
issuance of a certificate of appropriateness (see '18.34.110 and '18.78.090, BMC).
3. Examples of independent projects which qualify for sketch plan review are: individual
single-household, two-household, three-household, and four-household residential units,
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each on individual lots; accessory dwelling units in the R-2, R-3 and R-4 districts; manufac-
tured homes on individual lots; fences; signs in compliance with the requirements of this
title; regulated activities in areas with regulated wetlands not in conjunction with a land
development proposal; special temporary uses; and accessory structures associated with
these uses. Other similar projects may be determined by the Planning Director to require
only sketch plan review. The Planning Director shall determine all submittal requirements.
B.Sketch Plan Review Procedures.
1.No Certificate of Appropriateness Required. Sketch plans for projects which do not re-
quire a certificate of appropriateness shall be submitted to the Planning Department staff
for a determination of compliance with the requirements of this title. Once compliance is
achieved, the application will be approved for construction or referred to the appropriate
permitting authorities.
2.Certificate of Appropriateness Required. Sketch plans, including the material required by
'18.78.090, BMC, and such additional information as may be required for projects which
require a certificate of appropriateness as per '18.34.110, BMC shall be submitted to the
ADR staff, who shall review the proposal for compliance with this title, including compli-
ance 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 ap-
propriateness 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 appli-
cable requirements of this title including overlay district requirements and the cessation of
any current violations of this title, exclusive of any legal nonconforming conditions.
18.34.060 APPLICATION OF SITE PLAN REVIEW PROCEDURES
A. These procedures shall apply to all developments within the City except for development propos-
als specified as requiring only sketch plan review.
B. The preliminary site plan shall be submitted and approved, and final site plan approval received,
prior to the issuance of any building permit.
C. No occupancy permits shall be issued for any development for which site plan review is required
until certification has been provided demonstrating that all terms and conditions of site plan ap-
proval have been complied with.
D. Unless a deviation or variance is explicitly sought and granted in association with a site plan, all
standards of this title apply whether explicitly mentioned in the record of the review or not. An
omission or oversight of a nonconformity with the standards of this title in the site plan shall not
constitute approval of such nonconformance. Any nonconformance which was not the subject of
an explicitly approved deviation or variance may be required to be cured at such time the City
becomes aware of the nonconforming condition’s existence.
E. In the event that the volume of site development applications submitted for review exceeds the
ability of the City to process them simultaneously, preference in order of scheduling will be given
to those projects which provide the most affordable housing in excess of minimum requirements,
as measured by the total number of affordable units.
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18.34.070 SITE PLAN REVIEW PROCEDURES
A. Site plans shall be reviewed by the review bodies established by Chapter 18.62, BMC and according
to the procedures therein. After review of the applicable submittal materials required by Chapter
18.78, BMC, and upon recommendation by the appropriate review bodies, the Planning Director
or City Commission shall act to approve, approve with conditions or deny the application, subject
to the appeal provisions of Chapter 18.66, BMC. The basis for the Planning Director’s or City
Commission’s action shall be whether the application, including any required conditions, complies
with the standards and requirements of this title.
1.Site Plan. The Planning Director shall provide an opportunity for the public to comment
upon development proposals. The duration of the initial comment period shall be included
in any notice required by Chapter 18.76, BMC. The comment period shall be from the date
of the first consideration of the complete preliminary plan and supplementary materials by
the DRC until 5:00 pm on the third working day after DRC and other review bodies as may
be appropriate have taken action regarding the proposal.
a. The Planning Director, after receiving the recommendations of the DRC, ADR,
DRB or WRB, shall act to approve, approve with conditions or deny an application
within ten working days of the close of the public comment period. The Planning
Director’s decision shall be in writing and shall include any special conditions which
are to be applied to the development.
(1) After formal notice of a project review has been given, interested parties
may request in writing to receive a copy of the director’s decision regard-
ing an application. Persons making such a request shall provide an addressed
envelope for use in delivering their copy of the decision.
2.Master Site Plan. The City Commission shall provide an opportunity for the public to
comment upon a proposed master site plan. The duration of the comment period shall be
included in any notice required by Chapter 18.76, BMC. The comment period shall be
from the date of the first consideration of the complete preliminary plan and supplemen-
tary materials by the DRC until the decision by the City Commission.
a. The City Commission, after receiving the recommendations of the DRC, ADR,
DRB or WRB, shall act to approve, approve with conditions or deny an applica-
tion. The City Commission’s decision shall be in writing and shall include any spe-
cial conditions which are to be applied to the development.
18.34.080 APPLICATION FOR CONDITIONAL USE PERMIT - NOTICE REQUIREMENTS
A. The person applying for a conditional use permit shall fill out and submit to the Planning Director
the appropriate form with the required fee. The request for a conditional use permit shall follow
the procedures and application requirements of this chapter.
B. In consideration of all conditional use permit applications, a public hearing shall be conducted by
the City Commission. Notice of the City Commission public hearing be provided in accordance
with Chapter 18.76, BMC.
C. If a rezoning is required prior to approval of a conditional use permit, the application for rezoning
and the conditional use permit may be filed and acted upon simultaneously, however the condi-
tional use permit shall not be effective until zoning has been approved by the City Commission.
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18.34.090 SITE PLAN AND MASTER SITE PLAN REVIEW CRITERIA
A. In considering applications for site plan approval under this title, the Planning Director, City Com-
mission, DRC, and when appropriate, the ADR staff, DRB or WRB shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy.
2. Conformance to this title, including the cessation of any current violations;
3. Conformance with all other applicable laws, ordinances and regulations;
4. Relationship of site plan elements to conditions both on and off the property, including:
a. Compatibility with, and sensitivity to, the immediate environment of the site and
the adjacent neighborhoods relative to architectural design, building mass and height,
neighborhood identity, landscaping, historical character, orientation of buildings
on the site and visual integration;
b. Design and arrangement of the elements of the site plan (e.g., buildings, circula-
tion, open space and landscaping, etc.) so that activities are integrated with the
organizational scheme of the community and neighborhood and produce an effi-
cient, functionally organized and cohesive development;
c. Design and arrangement of elements of the site plan (e.g., buildings circulation,
open space and landscaping, etc.) in harmony with the existing natural topography,
natural water bodies and water courses, existing vegetation, and to contribute to
the overall aesthetic quality of the site configuration; and
d. If the proposed project is located within a locally designated historical district, or
includes a locally designated landmark structure, the project is in conformance
with the provisions of Chapter 18.28, BMC;
5. The impact of the proposal on the existing and anticipated traffic and parking conditions;
6. Pedestrian and vehicular ingress, egress and circulation, including:
a. Design of the pedestrian and vehicular circulation systems to assure that pedestri-
ans and vehicles can move safely and easily both within the site and between prop-
erties and activities within the neighborhood area;
b. Non-automotive transportation and circulation systems design features to enhance
convenience and safety across parking lots and streets, including, but not limited
to, paving patterns, grade differences, landscaping and lighting;
c. Adequate connection and integration of the pedestrian and vehicular transporta-
tion systems to the systems in adjacent developments and general community; and
d. Dedication of right-of-way or easements necessary for streets and similar transpor-
tation facilities;
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use,
open space and pedestrian areas, and the preservation or replacement of natural vegeta-
tion;
8. Open space, including:
a. The enhancement of the natural environment;
b. Precautions being taken to preserve existing wildlife habitats or natural wildlife
feeding areas;
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c. If the development is adjacent to an existing or approved public park or public
open space area, have provisions been made in the site plan to avoid interfering
with public access to and use of that area;
d. Is any provided recreational area suitably located and accessible to the residential
units it is intended to serve and is adequate screening provided to ensure privacy
and quiet for neighboring residential uses;
e. For residential site plans, does the configuration of open space otherwise required
by this title provide for a minimum of 150 square feet landscaped area per dwelling
unit suitable for active recreational activities. Such required areas are generally to be
configured in one or more areas with a relationship between the length and width
of such area(s) to not exceed 3:1, a slope of 10 percent or less, and without non-
recreational structures or detention/retention ponds; and
f. For residential condominiums, unless otherwise provided through the subdivision
or planned unit development review process, is an amount of open space equal to
that required by '18.50.020, BMC for the proposed number of dwelling units set
aside within the project boundaries, and configured for active recreational use by
the residents of the project or has the developer proposed to provide its equivalent
as may otherwise be allowed by this title.
9. Building location and height;
10. Setbacks;
11. Lighting;
12. Provisions for utilities, including efficient public services and facilities;
13. Site surface drainage and stormwater control;
14. Loading and unloading areas;
15. Grading;
16. Signage;
17. Screening;
18. Overlay district provisions;
19. Other related matters, including relevant comment from affected parties; and
20. If the development includes multiple lots that are interdependent for circulation or other
means of addressing requirements of this title, whether the lots are either:
a. Configured so that the sale of individual lots will not alter the approved configura-
tion or use of the property or cause the development to become nonconforming;
or
b. The subject of reciprocal and perpetual easements or other agreements to which
the City is a party so that the sale of individual lots will not cause one or more
elements of the development to become nonconforming.
B. In considering applications for master site plan approval under this title, the City Commission,
DRC, and when appropriate, the ADR staff, DRB or WRB shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy;
2. Conformance to this title, including the cessation of any current violations;
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3. Conformance with all other applicable laws, ordinances and regulations;
4. A generalized site plan showing the orientation and relationships among key plan elements
both on and off the property, including:
a. Compatibility with, and sensitivity to, the immediate environment of the site and
the adjacent neighborhoods in terms of overall site organization and building mass
and height;
b. Arrangement of the elements of the site plan (e.g., buildings, circulation, open
space and landscaping, etc.) so that activities are integrated with the structure of
the surrounding area and produce an efficient, functionally organized and visually
cohesive development that contributes to the overall aesthetic quality of the area;
and
c. If the proposed project is located within a locally designated historical district, or
includes a locally designated landmark structure, a statement describing how the
project is in conformance with the provisions of Chapter 18.28, BMC;
5. A statement accompanying the site plan describing the generalized architectural character
and its relationship to and compatibility with the historical character of the area, general-
ized landscape concept including treatment of public space and relationship to the sur-
rounding area, and visual and aesthetic integration of the proposed development into the
surrounding area and its effect on the identity of the adjacent neighborhood;
6. The impact of the proposed development on the existing and anticipated traffic and park-
ing conditions, including identification of the traffic generation and parking needs of indi-
vidual plan elements;
7. Pedestrian and vehicular ingress, egress and circulation, including:
a. Overall pedestrian and vehicular circulation systems to assure that pedestrians and
vehicles can move safely and easily both within the site and between properties and
activities within the neighborhood area;
b. Non-automotive transportation and circulation systems design features to enhance
convenience and safety across parking lots and streets;
c. Adequate connection and integration of the pedestrian and vehicular transporta-
tion systems to the systems in adjacent developments and general community; and
d. Dedication and/or abandonment of rights-of-way or easements necessary for effi-
cient land use and accompanying streets and related transportation facilities;
8. Open space, if required under the zoning classification(s) of the proposed development,
including:
a. Enhancement of the natural environment;
b. Precautions being taken to preserve existing wildlife habitats or natural wildlife
feeding areas;
c. Provisions to avoid interfering with public access to and use of any adjacent parks
and other open space;
d. Provision of recreational areas suitably located and configured, and accessible to
the residential units it is intended to serve; and
e. Adequacy of open space as required within this title;
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9. Generalized building gross area (square feet), building locations, building envelopes, and
building heights;
10. Setbacks;
11. Generalized lighting concept as pertains to public safety;
12. Generalized provisions for utilities, including efficient public services and facilities;
13. Generalized site surface drainage and stormwater control;
14. Generalized locations of loading and unloading areas;
15. Generalized grading;
16. Statement regarding proposed signage;
17. Statement regarding screening of trash, outdoor storage and utility areas;
18. Overlay district provisions where applicable; and
19. Other related matters, including relevant comment from affected parties.
C. If the Planning Director or City Commission, after recommendation from the DRC and, if appro-
priate, ADR staff, DRB and WRB shall determine that the proposed site plan or master site plan
will not be detrimental to the health, safety or welfare of the community, is in compliance with the
requirements of this title and is in harmony with the purposes and intent of this title and the
Bozeman growth policy, approval shall be granted, and such conditions and safeguards may be
imposed as deemed necessary.
D. Site plan approval or master site plan approval may be denied upon a determination that the con-
ditions required for approval do not exist. Persons objecting to the recommendations of review
bodies carry the burden of proof. A denial of approval shall be in writing.
E. Following approval of a master site plan, the applicant shall submit to the Planning Department,
sequential individual site plans for specific areas within the master site plan. Each subsequent
application for a site plan shall be consistent with the approved master site plan and subject to the
review criteria set forth in subsection A above. Evidence that the review criteria have been met
through the master site plan review process may be incorporated by reference in order to eliminate
duplication of review.
18.34.100 CITY COMMISSION CONSIDERATION AND FINDINGS FOR CONDITIONAL
USE PERMITS
A. The City Commission, in approving a conditional use permit, shall review the application against
the review requirements of '18.34.090, BMC;
B. In addition to the review criteria of '18.34.090, BMC, the City Commission shall, in approving a
conditional use permit, find favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all yards, spaces, walls and fences, parking, loading and landscaping are ad-
equate to properly relate such use with the land and uses in the vicinity;
2. That the proposed use will have no material adverse effect upon the abutting property.
Persons objecting to the recommendations of review bodies carry the burden of proof;
3. That any additional conditions stated in the approval are deemed necessary to protect the
public health, safety and general welfare. Such conditions may include, but are not limited
to:
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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 appropri-
ate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the City in an
orderly and efficient manner.
C. The 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; and
2. That all of the special conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall be
binding upon the owner of the land, his successors or assigns, shall be consented to in
writing, and shall be recorded as such with the County Clerk and Recorder’s Office by the
property owner prior to the issuance of any building permits, final site plan approval or
commencement of the conditional use.
D. 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.
E. The applicant shall be notified in writing of the action taken by the City Commission within seven
working days of its action. If the conditional use permit has been granted the notification shall
include any conditions, automatic termination date, period of review or other requirements. If the
conditional use permit has been granted, the permit shall be issued upon the signature of the
Planning Director after completion of all conditions and final site plan.
18.34.110 CERTIFICATES OF APPROPRIATENESS - ADDITIONAL REVIEW PROCE-
DURES AND REVIEW CRITERIA
A.Sign Proposals Which Do Not Specifically Conform to the Requirements of This Title. Indepen-
dent sign proposals (i.e., not in conjunction with other development) which do not specifically
conform to the requirements of this title, are required to submit full site plans. Additional site
design information, in sufficient detail to demonstrate compliance with the Design Objective Plan,
encompassing the property’s location shall be provided. If no Design Objectives Plan has been
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prepared for the location, additional site design information, if necessary, shall be determined by
the ADR staff. All signs shall comply with the dimenstional standards of this title unless a deviaition
or variance has been properly granted.
B.Review Procedures and Criteria for Certificates of Appropriateness.
1. Certificates of appropriateness shall only be issued according to procedures and criteria
specified in Chapters 18.28, 18.30, 18.36 and 18.62, BMC.
2. Sign proposals which specifically conform to the requirements of this title shall be re-
viewed according to procedures and criteria outlined in Chapter 18.52, BMC.
18.34.120 PUBLIC NOTICE REQUIREMENTS
A. Public notice of development proposals and approvals subject to this chapter shall be provided as
required by Chapter 18.76, BMC.
18.34.130 FINAL SITE PLAN
A. No later than six months after the date of approval of a preliminary site plan or master site plan,
the applicant shall submit to the Planning Department a final site plan with accompanying applica-
tion form and review fee. The number of copies of the final site plan to be submitted shall be
established by the Planning Director. The final site plan shall contain the materials required in
'18.78.090 BMC and whatever revisions to the preliminary site plan or master site plan are re-
quired to comply with any conditions of approval. Prior to the passage of six months, the appli-
cant may seek an extension of not more than an additional six months from the Planning Director.
B. In addition to the materials required in subsection A of this section, the owner shall submit a
certification of completion and compliance stating that they understand any conditions of ap-
proval and the submitted final site plans or master site plan have complied with any conditions of
approval or corrections to comply with code provisions.
C. In addition to the materials required in subsections A and B of this section, the owner shall submit
a statement of intent to construct according to the final site plan. Such statement shall acknowl-
edge that construction not in compliance with the approved final site plan may result in delays of
occupancy or costs to correct noncompliance.
D. Following approval of a final site plan, the final site plan shall be in effect for one year. Prior to the
passage of one year, the applicant may seek an extension of not more than one additional year
from the Planning Director. In such instances, the Planning Director shall determine that the
relevant terms of this title and circumstances have not significantly changed since the initial ap-
proval. If relevant terms of this title or circumstances have significantly changed, the extension of
the approval shall not be granted.
E. Following approval of a final master site plan, the final master site plan shall be in effect for not
more than five years. Owners of property subject to the master site plan may seek appropriate
extensions. Approval of an extension shall be made by the City Commission upon recommenda-
tion of the Planning Director. Approval shall be granted if the City Commission determines that
the relevant terms of this title and circumstances have not significantly changed since the initial
approval.
F. Upon approval of the final site plan by the Planning Director the applicant may obtain a building
permit as provided for by Chapter 18.64, BMC.
1. Subsequent site plan approvals are required to implement a master site plan, and approval
of a master site plan does not entitle an applicant to obtain any building permits.
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18.34.140 BUILDING PERMITS BASED UPON APPROVED SKETCH OR SITE PLANS
Based upon the approved sketch or final site plan (hereinafter referred to as “plan”), and after any appeals
have been resolved, a building permit for the site may be requested and may be granted pursuant to
Chapter 18.64, BMC. No building permit may be granted on the basis of an approved sketch or site plan
whose approval has expired.
18.34.150 AMENDMENTS TO SKETCH AND SITE PLANS
A. It is the intent of this section to assure that issues of community concern are addressed during the
redevelopment, reuse or change in use of existing facilities in the community. Specific areas of
community concern include public safety, mitigation of off-site environmental impacts and site
character in relation to surroundings. The following procedures for amendments to approved plans,
reuse of existing facilities and further development of sites assure that these concerns are ad-
equately and expeditiously addressed.
B. Any amendment to or modification of a site plan or master site plan approved under the ordinance
codified in this chapter (September 3, 1991 - Ordinance 1332) shall be submitted to the Planning
Director for review and possible approval. Proposals for further development, reuse or change in
use of sites developed pursuant to this title shall also be reviewed as an amendment to an approved
plan. All amendments shall be shown on a revised plan drawing. Amendments to approved plans
shall be reviewed and may be approved by the Planning Director upon 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 standards and site plan review
and approval provisions of this title. Substantial compliance may be shown by demonstrating that
the amendments do not exceed the thresholds established in '18.34.170.B, BMC.
C. Modifications or amendments to a master site plan at the time an extension of approval is sought
may be proposed by either the applicant or the City Commission, and shall be based on substantive
current information that indicates that relevant circumstances have changed and that such circum-
stances support the proposed modifications. Such circumstances may include market analyses,
economic conditions, changes in surrounding land uses, changes in ownership, etc.
18.34.160 MODIFICATION OR ENLARGEMENT OF STRUCTURES AUTHORIZED UN-
DER A CONDITIONAL USE PERMIT
Any proposed additions, enlargements or modifications of the structures approved in any conditional use
permit, or any proposed extension of the use into areas not approved in any such permit, shall be subject
to this chapter.
18.34.170 REUSE, CHANGE IN USE OR FURTHER DEVELOPMENT OF SITES DEVEL-
OPED PRIOR TO THE ADOPTION OF THE ORDINANCE CODIFIED IN THIS
TITLE
A. Sites legally developed prior to the adoption of the ordinance codified in this title (September 3,
1991 - Ordinance 1332) shall be considered to have developed under an approved plan. Proposals
for reuse, change in use or the further development of sites legally developed prior to the adoption
of the ordinance codified in this title may be approved by the Planning Director upon finding that
no significant alteration of the previous use and site are proposed, and upon review by the City
Engineer or designee to assure that adequate access and site surface drainage are provided. All such
proposals shall be shown on a plan drawing as required by the Planning Director.
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B. The criteria for determining that no significant alteration of the previous use and site will result
from the proposed reuse, change in use or further development of a site shall include but not be
limited to the following:
1. The proposed use is allowed under the same zoning district use classification as the previ-
ous use, however replacement of nonconforming uses must comply with the provisions of
Chapter 18.60, BMC;
2. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by build-
ings, storage areas, parking areas or impervious surfaces and/or do not result in an increase
in intensity of use as measured by parking requirements, traffic generation or other mea-
surable off-site impacts;
a. By more than 20 percent for developments not meeting one or more of the crite-
ria of '18.62.010.A.2.e; OR
b. By more than 10 percent for developments meeting or exceeding one or more of
the criteria of '18.62.010.A.2.e ;
3. The proposed use does not continue any unsafe or hazardous conditions previously exist-
ing on the site or associated with the proposed use of the property.
C. If it is determined that the proposed reuse, change in use or further development of a site contains
significant alterations to the previous use and/or site, the application shall be resubmitted as a new
application and shall be subject to all plan review and approval provisions of this chapter.
D. When proposals for reuse, change in use or further development of a site are located in the neigh-
borhood conservation or entryway corridor overlay districts, review by ADR staff or the DRB may
be required to determine whether resubmittal as a new application is necessary.
18.34.180 IMPROVEMENTS TO EXISTING DEVELOPED SITES INDEPENDENT OF
SITE PLAN REVIEW
A. The continued improvement of existing developed sites is desired to increase the level of compli-
ance with the provisions of this title. An applicant may propose improvements, not in association
with a site plan review, to increase conformity with the standards of this title for landscaping,
lighting, parking or similar components of a site to occur over a defined period of time, not to
exceed three years. Such improvements shall be depicted on a site plan drawn to scale and which
shall be sufficiently detailed to clearly depict the current conditions, the intended end result of the
proposed improvements and any phasing of work. Such improvements shall be reviewed by and
approved at the discretion of the Planning Director. The Planning Director may require surety in
accordance with the terms of Chapter 18.74, BMC for work performed.
18.34.190 SPECIAL TEMPORARY USE PERMIT
A.Generally. Uses permitted subject to a special temporary use permit are those temporary uses
which are required for the proper function of the community or are temporarily required in the
process of establishing a permitted use, constructing a public facility or providing for response to
an emergency. Such uses shall be so conducted that they will not be detrimental in any way to the
surrounding properties or to the community. Uses permitted subject to a special temporary use
permit may include:
1. Carnivals, circuses, special events of not over seventy-two consecutive hours;
2. Tent revival meetings;
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3. Swap meets; or
4. Such other uses as the Planning Director may deem to be within the intent and purpose of
this section.
B.Application and Filing Fee. Application for a special temporary use permit may be made by a
property owner or his authorized agent. Such application shall be filed with the Planning Director
who shall charge and collect a filing fee for each such application, as provided in Chapter 18.64,
BMC. The Planning Director may also require any information deemed necessary to support the
approval of a special temporary use permit, including site plans per this chapter.
C.Decision. Application for a special temporary use permit shall be reviewed by the Planning Direc-
tor who shall approve, conditionally approve or disapprove such application. Approval or condi-
tional approval shall be given only when in the judgment of the Planning Director such approval is
within the intent and purposes of this chapter.
D.Conditions. In approving such a permit, the approval shall be made subject to a time limit and
other conditions deemed necessary to assure that there will be no adverse effect upon adjacent
properties. Such conditions may include, but are not limited to, the following:
1. Regulation of parking;
2. Regulation of hours;
3. Regulation of noise;
4. Regulation of lights;
5. Requirement of bonds or other guarantees for cleanup or removal of structure or equip-
ment; and/or
6. Such other conditions deemed necessary to carry out the intent and purpose of this sec-
tion.
18.34.200 APPEALS
Appeals of decisions rendered in conjunction with this chapter may be taken as set forth in Chapter 18.66,
BMC. In such event, any plan review approval and associated right to proceed with development shall be
stayed until the appeal process has been completed.
18.34.210 IMPROVEMENTS
Improvements depicted on an approved site plan shall be installed subject to the requirements of Chapter
18.74, BMC.
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CHAPTER 18.36
PLANNED UNIT DEVELOPMENT
18.36.010 INTENT OF PLANNED UNIT DEVELOPMENT
It is the intent of the City through the use of the planned unit development (PUD) concept, to promote
maximum flexibility and innovation in the development of land and the design of development projects
within the City. Specifically, with regard to the improvement and protection of the public health, safety and
general welfare, it shall be the intent of this title to promote the City’s pursuit of the following community
objectives:
A. To ensure that future growth and development occurring within the City is in accord with the
City’s adopted growth policy, its specific elements, and its goals, objectives and policies;
B. To allow opportunities for innovations in land development and redevelopment so that greater
opportunities for high quality housing, recreation, shopping and employment may extend to all
citizens of the Bozeman area;
C. To foster the safe, efficient and economic use of land and transportation and other public facilities;
D. To ensure adequate provision of public services such as water, sewer, electricity, open space and
public parks;
E. To avoid inappropriate development of lands and to provide adequate drainage, water quality and
reduction of flood damage;
F. To encourage patterns of development which decrease automobile travel and encourage trip con-
solidation, thereby reducing traffic congestion and degradation of the existing air quality;
G. To promote the use of bicycles and walking as effective modes of transportation;
H. To reduce energy consumption and demand;
I. To minimize adverse environmental impacts of development and to protect special features of the
geography;
J. To improve the design, quality and character of new development;
K. To encourage development of vacant properties within developed areas;
L. To protect existing neighborhoods from the harmful encroachment of incompatible developments;
M. To promote logical development patterns of residential, commercial, office and industrial uses that
will mutually benefit the developer, the neighborhood and the community as a whole;
N. To promote the efficient use of land resources, full use of urban services, mixed uses, transporta-
tion options, and detailed and human-scale design; and
O. To meet the purposes established in '18.02.040, BMC.
18.36.020 APPLICATION AND USES OF A PLANNED UNIT DEVELOPMENT
A. A planned unit development may be applied to any subdivision, or to any development having one
or more principal uses or structures on a single parcel of real property or contiguous parcels of real
property. Land use patterns and uses shall generally conform with growth policy land use designa-
tions and underlying zoning districts. Approval for an additional use or combination of uses may
be allowed in a planned unit development only when such additional uses are consistent with the
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Bozeman growth policy and relevant criteria in subsection E of '18.36.090, BMC and are not
prohibited elsewhere in this title.
B. All planned unit developments shall consist of a harmonious arrangement of lots, uses, buildings,
parking areas, circulation and open spaces. All planned unit developments shall be designed as an
integrated unit, in such a manner as to constitute a safe, efficient and convenient development.
C. Any planned unit development shall be considered as a conditional use within the zoning district in
which it is to be located.
D. The City Commission retains final approval authority for planned unit developments.
E. All planned unit developments shall compliment or be harmonious with existing adjacent develop-
ment.
18.36.030 SPECIAL CONDITIONS OF A PLANNED UNIT DEVELOPMENT
The following special conditions shall apply to any planned unit development:
A.Single Ownership. The tract or parcel of land involved shall be either in one ownership or the
subject of an application filed jointly by the owners of all the property to be included.
B.Title Holdings. The approved final plan shall specify the manner of holding title to areas and
facilities of joint use and how areas of joint use shall be maintained. Normally such areas and
facilities shall be retained in title by the developers of the development or deeded to an organiza-
tion composed of all owners in the development and meeting the requirements of '18.72.020,
BMC.
C.Residential Planned Unit Developments. The permitted number of residential dwelling units shall
be determined by the provision of and proximity to public services and subject to the limitations in
'18.36.090.E.2.b, BMC.
D.Use of General Building and Development Standards.
1. All planned unit developments shall be reviewed against the development standards estab-
lished in this title. However, in order to encourage creativity and design excellence that
would contribute to the character of the community, deviations from the requirements or
the standards of this title may be granted by the City Commission after considering the
recommendations of the applicable review bodies established by this title. The PUD appli-
cation shall be accompanied by written and graphic material sufficient to illustrate the
initial and final conditions that the modified standards will produce. Such written and graphic
materials may include textual descriptions, site plans, renderings of proposed elevations or
landscapes, or similar materials.
2. All requested deviations, waivers of submittal requirements and other relaxations of regu-
latory requirements shall be identified in writing at the time of preliminary plan submittal.
Failure to identify such items may result in the delay of application processing in order to
receive necessary materials, provide additional public notice or other curative actions.
3. The City Commission shall make a determination that the deviation will produce an envi-
ronment, landscape quality and character superior to that produced by the existing stan-
dards of this title, and which will be consistent with the intent and purpose of this chapter,
with the adopted goals of the Bozeman growth policy and with any relevant adopted De-
sign Objectives Plan. Upon finding in favor of the deviation request, the City Commission
may grant deviations, above or below minimum or maximum standards respectively as
established in this title, including the complete exemption from a particular standard. If the
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City Commission does not find that the proposed modified standards will create an envi-
ronment, landscape quality and character superior to that produced by the existing stan-
dards of this title, and which will be consistent with the intent and purpose of this chapter
and with any relevant Design Objectives Plan, then no deviation shall be granted.
E.Establishing Additional Standards. In addition to the general building and development standards,
the city shall have the right to establish general design standards, guidelines and policies, for the
purpose of implementing and interpreting the provisions of this chapter.
F.Conformance to Sign Code. All signs proposed in conjunction with a planned unit development
shall be reviewed against the provisions of the Bozeman sign regulations, Chapter 18.52, BMC. All
signage must be approved as part of the PUD and shall be designed as an integral element of the
overall planned unit development. Approval of signs within a planned unit development shall rest
upon a finding by the City Commission, as proved by the specific proposal, that the intent of the
sign regulations is achieved. Signs which do not comply with Chapter 18.52, BMC must receive a
deviation.
18.36.040 PLANNED UNIT DEVELOPMENT REVIEW PROCEDURES AND CRITERIA
When a subdivision is proposed in conjunction with a zoning planned unit development, the subdivision
review shall be coordinated with the zoning review. All steps listed in this section shall apply whether the
application is for a subdivision or zoning PUD, and reference to plan includes plat unless the context
clearly indicates otherwise. Approval of a planned unit development shall consist of three procedural
steps: pre-application, preliminary plan and final plan. All subdivision PUDs shall also meet all standards
for plats.
A.Pre-application Review.
1. A pre-application review is mandatory for all planned unit development proposals.
2. A pre-application shall be submitted for review and discussion with the DRC, DRB, and if
applicable the WRB and planning staff of the applicant’s proposal and any requirements,
standards or policies that may apply. This step represents an opportunity to identify any
major problems that may exist and identify solutions to those problems before formal
application.
3.Pre-application Review Procedures. Pre-application review meetings will be held by the
DRC, DRB and WRB (if applicable) and will provide guidance for planned unit develop-
ment applications. The general outline of the planned unit development proposal, pre-
sented as graphic sketch plans, shall be submitted by the applicant to the Planning Depart-
ment at least 10 days prior to the meeting of the review bodies. The outline shall be re-
viewed by the DRC, DRB and the WRB (if applicable). Thereafter, the Planning Depart-
ment shall furnish the applicant with written comments regarding such submittal, includ-
ing appropriate recommendations to inform and assist the applicant prior to preparing the
components of the planned unit development preliminary plan application.
B.Preliminary Plan Review. Sufficient information shall be submitted to permit review of the land
use relationships, densities and the type, size and location of the principal design elements of the
planned unit development by the DRC, DRB, WRB (if applicable) and City Commission. For a
planned unit development that will be developed in phases, the developer must submit either a
preliminary plan for all phases, or else submit a preliminary plan for the initial phase or phases and
development guidelines for all subsequent phases. Submittal requirements are in addition to
those required for site plan and conditional use permit review.
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1.Application Process. Upon completion of pre-application review and receipt of the Plan-
ning Department’s comments on the pre-application, an application for preliminary plan
approval may be filed with the Planning Department.
2.Public Hearings and Meetings. Notice of public hearings and/or public meetings before
the DRC, DRB, WRB (if applicable) and City Commission for any preliminary plan appli-
cation shall be provided in accordance with Chapter 18.76, BMC.
3.Review Criteria. In order to approve an application for a planned unit development the
City Commission shall find that the application is in conformance with all applicable stan-
dards, objectives and criteria of this title unless an appropriate deviation is granted.
4.Recommendations. The DRC, DRB and WRB (if applicable) shall recommend the ap-
proval, conditional approval or denial of the preliminary plan to the City Commission and
shall include in such recommendation the basis upon which such recommendation was
determined.
5.Preliminary Plan Approval. The City Commission, after conducting a public hearing, may
approve, disapprove or approve with conditions the proposed planned unit development.
The City Commission shall issue written findings of fact that discuss and weigh the review
criteria and standards applicable to the PUD.
C.Final Plan Review and Approval. The final plan must be in compliance with the approved prelimi-
nary plan and/or development guidelines except as provided for in subsection C.4 of this section,
and shall be reviewed DRC and ADR staff and approved by the Planning Director.
1.Application Process. Upon approval or conditional approval of a preliminary plan by the
City Commission, and the completion of any conditions imposed in connection with that
approval, an application for final plan approval may be submitted.
2.Review Criteria - Compliance with Preliminary Plan. For approval to be granted, the final
plan shall be in compliance with the approved preliminary plan. This shall mean that all
conditions imposed by the City Commission as part of its approval of the preliminary plan
have been met and:
a. The final plan does not change the general use or character of the development;
b. The final plan does not increase the amount of improved gross leasable nonresi-
dential floor space by more that 2 percent, does not increase the number of resi-
dential dwelling units by more than 2 percent and does not exceed the amount of
any density bonus approved with the preliminary plan;
c. The final plan does not decrease the open space and/or affordable housing pro-
vided;
d. The final plan does not contain changes that do not conform to the requirements
of this title, excluding properly granted deviations, the applicable objectives and
criteria of '18.36.100, BMC, or other objectives or criteria of this title; and
e. The final plat, if applicable, does not create any additional lots which were not
reviewed as part of the preliminary plan submittal.
3.Final Plan Approval. The Planning Director may approve the proposed planned unit devel-
opment if it conforms with the approved preliminary plan in the manner described above.
Prior to final plan approval, the Planning Director may request a recommendation from
the DRC, ADR staff, DRB, WRB or City Commission regarding any part of a proposed
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final plan. If a final plat is part of the final plan submittal, the City Commission shall have
responsibility to approve the final plat.
a. Final plats associated with a PUD shall be subject to the requirements of '18.06.060
and '18.78.070, BMC.
4.Amendments to Final Plan. Building permits and other development approvals shall be
issued on the basis of the approved final plan and any conditions of approval. No City
administrative personnel are permitted to issue permits for improvements which are not
indicated on the approved final plan with the exception of the following:
a.Minor Changes.
(1) Minor changes to a planned unit development may be approved adminis-
tratively 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 recommenda-
tion from the DRB, DRC, ADR staff, WRB or City Commission.
(2) Minor changes shall not significantly affect the location and placement of
buildings; the shape or arrangement of lots and blocks; cause a change of
uses; reduce or relocate the allocation of reserved open space; reduce or
relocate the allocation of affordable housing units; increase density and/or
intensity of the project; or, in general, change the overall design or intent
of the project.
(3) When a planned unit development has been prepared in sufficient detail to
address the concerns of Chapter 18.34, BMC including but not limited to
general building envelopes, design character of buildings, and landscaping
for some or all of the parcels within its boundaries the final site develop-
ment plans may be reviewed as an amendment to the PUD final plan. The
intention to use this provision must be part of the inital submittal and
review of the PUD.
b.Major Changes.
(1) Major changes to a planned unit development shall be approved, if at all,
only by the City Commission, and must follow the same planned unit de-
velopment review and public hearing process required for approval of pre-
liminary plans.
(2) Major changes shall be defined as follows:
(a) A change in the character of the development;
(b) An increase of greater than 2 percent in the approved number of
residential dwelling units;
(c) An increase of greater than 2 percent in the improved gross leas-
able floor areas of retail, service, office and/or industrial buildings;
(d) A reduction in the approved open space and/or affordable housing
units provided;
(e) A change in the location and placement of buildings; and/or
(e) An increase in the number of lots above what was approved through
the preliminary plan review.
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18.36.050 PLAN SUBMITTAL REQUIREMENTS
For each stage of the review process, theapplicable information and data described in Chapter 18.78, BMC
shall be submitted unless the Planning Director determines that the information is unnecessary for the
proper evaluation of the development based on the findings of the pre-application review. Only after the
Planning Department has determined that all required information has been submitted will the application
be processed. When a proposed PUD includes both a subdivision and zoning component, a coordinated
application on a form to be provided by the Planning Department shall be used to coordinate submittal
materials and prevent redundant requirements.
18.36.060 DURATION OF PLANNED UNIT DEVELOPMENT APPROVAL
A.Duration Of Preliminary Plan Approval. The provisions of this subsection do not apply to subdi-
vision elements of a PUD.
1. Within a maximum of one year following the approval of a preliminary plan, the applicant
shall file with the Planning Department a final plan(s) in detailed form covering the en-
tirety, or one or more phases, of the development.
2. Upon application and for good cause, the Planning Director may administratively extend
the period for filing a final plan for two successive six-month periods. The granting of
administrative extensions under this section may, at the discretion of the Planning Direc-
tor, be referred to the City Commission.
3. Any additional six-month extensions to the planned unit development shall be approved,
if at all, only by the City Commission. A request for extension of preliminary approval
under this section must be submitted to the Planning Director in writing by the applicant at
least thirty calendar days prior to the date of expiration. Failure to submit a written request
within the specified time period shall cause forfeiture of the right to extension of prelimi-
nary 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.
1. The applicant must undertake and complete the development of an approved final plan
within two years from the time of final plan approval. For the purposes of this section, a
development is substantially complete once all engineering improvements (water, sewer,
streets, curbs, gutter, street lights, fire hydrants and storm drainage) are installed and com-
pleted in accordance with City rules and regulations. Extensions for two successive peri-
ods 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 Di-
rector, be referred to the City Commission.
2. Any additional six-month extensions to the planned unit development shall be approved,
if at all, only by the City Commission. A request for extension of final approval under this
section must be submitted to the Planning Director in writing by the applicant at least 30
days prior to the date of expiration. Failure to submit a written request within the specified
time period shall cause forfeiture of the right to extension of final approval. Failure to
develop within the specified time limit and improvement requirements shall cause a forfei-
ture 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.
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3. The timing of all extensions of final plan approval shall be coordinated with the approval
period established for any subdivision plat approval that is part of the PUD so that any
expiration dates are consistent.
4. Final plan approval may occur multiple times under the provisions for phased PUDs de-
scribed below.
18.36.070 PHASING OF PLANNED UNIT DEVELOPMENTS
A.Applications for Phased Planned Unit Developments. If a planned unit development is intended
to be developed over time in two or more separate phases, application for approval of a phased
planned unit development shall follow procedures established for pre-application review as out-
lined in this chapter. After pre-application review is completed, phased PUDs may be proposed in
accordance with one of the following procedures:
1.Application for Simultaneous Approval of All Phases of the PUD.
a. Where all phases of a PUD are planned in detail, an application for approval of all
phases of the PUD may be made in accordance with preliminary plan review and
approval procedures outlined in this chapter. In such cases, preliminary plans and
all required supplemental information shall clearly set forth phased development
boundaries, schedules and other details pertaining to the phasing of the project.
b. Upon approval of the preliminary plan for all phases of the PUD, each phase of
the development may occur in accordance with the review and approval proce-
dures 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 pre-
liminary 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, pre-
liminary 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 Upon Master Plan and Develop-
ment 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 chap-
ter. When a master plan and development guidelines for a phased PUD have been reviewed and
approved by the City Commission, each phase of the PUD may be developed in accordance with
the review and approval procedures set forth in this chapter for final plan reviews.
C.Phased PUD Review Criteria.
1. In general, the review criteria for phased preliminary and final PUDs shall be the same as
that for PUDs as set forth in this title.
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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 sup-
port 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, DRB or ADR staff, as applicable, determine that proposals to develop sub-
sequent phases of a PUD are not in compliance with the approved master plan and devel-
opment guidelines, the determination may be appealed to the City Commission subject to
the provisions of Chapter 18.66, BMC.
D.Phased Planned Unit Development Submittal Requirements.
1.Master Plan Submittal Requirements. Master plans for phased PUDs shall consist of a
detailed site plan depicting:
a. Existing conditions for the entire phased PUD as required by subsections B and C
of '18.78.020, BMC; and
b. Proposed conditions pertaining to such elements as building location, open spaces,
vehicular and pedestrian circulation, and boundaries of the individual phases of
the PUD in as much detail as is required by the findings of the pre-application
review as outlined in this chapter.
2.Development Guidelines Submittal Requirements. Development guidelines for phased
PUDs shall be submitted to the Planning Director as part of the application submittal in
one or more orderly documents. Each document shall contain a table of contents and shall
be in an 8½- by 11-inch vertical format, bound to open flat for review. All graphic repre-
sentations shall be in 8½- by 11-inch or 11- by 17-inch format. Development guidelines for
phased PUDs shall contain the information as is required by the findings of the pre-appli-
cation 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 rela-
tion 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;
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h. Protective covenants which may include requirements, property owners associa-
tion provisions, provisions for maintenance, etc.;
i. Parking: guidelines for design, provision for shared facilities, circulation between
lots, coordination with sidewalk system, and service areas;
j . Dimensional requirements: building heights, setbacks (interior and perimeter), open
space, etc.;
k. Lighting;
l. Architectural guidelines;
m. Provisions for utilities, communications and refuse;
n. Guidelines for noise, emissions, glare, hazardous materials, etc.; and
o. Improvements schedule.
E.Open Space Provisions for Phased PUD Developments. If a project is to be built in phases, each
phase shall include an appropriate share of the proposed recreational, open space, affordable housing
and other site and building amenities of the entire development used to meet the requirements of
'18.36.090.E.2, BMC. The appropriate share of the amenities for each phase shall be determined
for each specific project at the time of preliminary approval and shall not be based solely upon a
proportional or equal share for the entire site. Requirements may be made for off-site improve-
ments 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 devel-
opment, as approved.
G.Duration of Phased PUD Development Guidelines Approval. Within a maximum of five years
following the approval of development guidelines for a planned unit development, development
must commence or the development guidelines must be reviewed for renewal. Any subsequent
approvals of a preliminary plan must conform to the development guidelines.
18.36.080 ENFORCEMENT OF APPROVAL REQUIREMENTS AND CONDITIONS
The occurrence of either of the following events may subject the applicant to the enforcement remedies
contained in Chapter 18.64, BMC:
A. Failure to comply with any terms, conditions or limitations contained on the site plan, landscape
plan, building elevations or other approved documents pertaining to a planned unit development
which has received final approval from the City.
B. Failure to comply with any conditions on record imposed by the City Commission upon its review
of the master or preliminary plans, or any conditions imposed by the DRC or ADR through the
review of the final plan for the planned unit development, under the provisions of Chapter 18.36,
BMC, Planned Unit Development Ordinance (PUD).
18.36.090 PLANNED UNIT DEVELOPMENT DESIGN OBJECTIVES AND CRITERIA
A.General. For any planned unit development proposal to be approved it must first be found, by the
City Commission, after recommendation from the DRC, DRB or WRB (if applicable), to be in
compliance with this title including any applicable criteria of this section.
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B.Land Use Classifications.
1. The design objectives and criteria with which a planned unit development proposal must
comply are dependent upon the designated growth policy land use classification and zon-
ing district of the site proposed for the planned unit development.
2. All planned unit developments are reviewed against the objectives and criteria designated
for all development. Each individual planned unit development is then reviewed against
the objectives and criteria established for the land use classification(s) of the site on which
the proposal is to be located. A planned unit development must satisfy all the objectives
and criteria of all applicable groups.
In evaluating planned unit developments, the City may determine that certain criteria are
not applicable or are irrelevant to a particular development proposal and therefore do not
apply to that proposal unless those criteria are applicable to a deviation which is being
sought by the applicant. Subsection E of this section contains the groups of objectives and
criteria against which planned unit developments are reviewed.
C.Evaluation Process. The acceptability and performance of a planned unit development proposal
shall be evaluated as follows: Each of the relevant objectives and criteria for the applicable land use
classification and for all development contained in subsection E of this section, will be answered
“Yes”, “No” or “Not Applicable” (NA). A “No response” to any of the applicable objectives and
criteria will automatically preclude the development proposal from further consideration and eventual
approval, unless a deviation is granted by the City Commission. An objective or criterion is consid-
ered to be applicable if it can reasonably be applied to the development proposal. The applicant
shall clearly demonstrate how the planned unit development specifically addresses each applicable
objective and criterion.
D.Responsibility for Impact Mitigation. To protect the character of new and existing neighborhoods
against intrusive and disruptive development, any negative or adverse impacts shall be effectively
mitigated in the planned unit development plan, as per the following guidelines:
1. When two adjacent parcels are developed simultaneously, the responsibility for mitigating
conflicts is upon the more intense use.
2. When a use is the first to develop on two adjacent vacant parcels, the first use shall provide
the necessary buffer to any reasonable future use as determined by the City.
3. The second use to develop shall, at the time it develops, take all additional steps necessary
to mitigate conflicts.
4. However, when a planned unit development includes a use or uses which are not otherwise
permitted in the underlying zoning district, the responsibility for impact mitigation shall lie
exclusively with the planned unit development proposal.
E.Design Objectives and PUD Review Criteria.
1. The City will determine compatibility of a project based upon the evidence presented
during evaluation of the community design objectives and criteria of this title.
2. In addition to the criteria for all site plan and conditional use reviews, the following criteria
will be used in evaluating all planned unit development applications.
a. All Development. All land uses within a proposed planned unit development shall
be reviewed against, and comply with, the applicable objectives and criteria of the
mandatory “All Development” group.
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(1) Does the development comply with all City design standards, requirements
and specifications for the following services: water supply, trails/walks/
bike ways, sanitary supply, irrigation companies, fire protection, electricity,
flood hazard areas, natural gas, telephone, storm drainage, cable television,
and streets?
(2) Does the project preserve or replace existing natural vegetation?
(3) Are the elements of the site plan (e.g., buildings, circulation, open space
and landscaping, etc.) designed and arranged to produce an efficient, func-
tionally organized and cohesive planned unit development?
(4) Does the design and arrangement of elements of the site plan (e.g. building
construction, orientation, and placement; transportation networks; selec-
tion and placement of landscape materials; and/or use of renewable en-
ergy sources; etc.) contribute to the overall reduction of energy use by the
project?
(5) Are the elements of the site plan (e.g. buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the
residents of the project?
(6)Park Land. Does the design and arrangement of buildings and open space
areas contribute to the overall aesthetic quality of the site configuration,
and has the area of park land or open space been provided for each pro-
posed dwelling as required by '18.50.020, BMC?
(7)Performance. All PUDs shall earn at least twenty performance points. Non-
residential developments within the North 19th Avenue/Oak Street corri-
dor shall earn thirty points. Points may be earned in any combination of
the following. The applicant shall select the combination of methods but
the City may require documentation of performance, modifications to the
configuration of open space, or other assurances that the options selected
shall perform adequately.
(a) Provision of affordable housing: Two points for each percent of
constructed dwellings in the residential development which are pro-
vided by donation or long term contractual obligation (20 year mini-
mum) with or donation to an affordable housing agency, or other
similar means; OR – One point for each constructed dwelling or
lot donated to the City for affordable housing provided for by a
non-residential development with appropriate assurances of its quali-
fying affordable status;
(b) Additional open space: One point for each percent of the project
area that is provided as non-public open space; or one and one-
quarter points for each percent of the project area that is provided
as publicly accessible open space. The portion of the project to be
considered in determining the size of area to be provided for open
space shall be the gross project area less areas dedicated and trans-
ferred to the public, and/or used to meet the parklands require-
ments of (6) above. The area provided for open space shall be ex-
clusive of yard setbacks on individually owned lots and interior
parking lot landscaping, and subject to the performance standards
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of Chapter 18.50, BMC. The area may be provided through a com-
bination of one or more of the following means:
(i) Open space within the project boundaries and commonly
held by the property owners association for the use of own-
ers, residents and their guests;
(ii) Open space within the project boundaries and developed
as usable recreation space with a corresponding public use
easement;
(iii) Outside of the project boundaries as an addition to an ex-
isting off-site park adequate in location and size to meet the
recreational needs of the resident; or
(iv) Cash-in-lieu of open space subject to the standards of
'18.50.030, BMC.
(8) Is the development being properly integrated into development and circu-
lation patterns of adjacent and nearby neighborhoods so that this develop-
ment will not become an isolated “pad” to adjoining development?
b.Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-
4, RMH and R-O zoning districts) may include a variety of housing types designed
to enhance the natural environmental, conserve energy, recognize, and to the maxi-
mum extent possible, preserve and promote the unique character of neighbor-
hoods, with provisions for a mix of limited commercial development. For pur-
poses of this section, “limited commercial development” means uses listed in the
B-1 neighborhood service district (Chapter 18.18, BMC), within the parameters set
forth below. All uses within the PUD must be sited and designed such that the
activities present will not detrimentally affect the adjacent residential neighbor-
hood.
(1) On a net acreage basis, is the average residential density in the project (cal-
culated for residential portion of the site only) consistent with the develop-
ment densities set forth in the land use guidelines of the Bozeman growth
policy?
(2) Does the project provide for private outdoor areas (e.g., private yards, pa-
tios 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 in-
tended to serve?
(3) Does the project provide for outdoor areas for use by persons living and
working in the development for active or passive recreational activities?
(4) If the project is proposing a residential density bonus as described below,
does it include a variety of housing types and styles designed to address
community wide issues of affordability and diversity of housing stock?
(5) Is the overall project designed to enhance the natural environment, con-
serve energy and to provide efficient public services and facilities?
(6)Residential Density Bonus. If the project is proposing a residential density
bonus (30 percent maximum) above the residential density of the zoning
district within which the project is located and which is set forth in Chapter
18.16, BMC, does the proposed project exceed the established regulatory
design standards (such as for setbacks, off-street parking, open space, etc.)
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and ensure compatibility with adjacent neighborhood development? The
number of dwelling units obtained by the density bonus shall be deter-
mined by dividing the lot area required for the dwelling unit type by one
plus the percentage of density bonus sought. The minimum lot area per
dwelling obtained by this calculation shall be provided within the project.
(7)Limited Commercial. If limited commercial development, as defined above,
is proposed within the project, is less than 20 percent of the gross area of
the PUD designated to be used for offices or neighborhood service activi-
ties not ordinarily allowed in the particular residential zoning district?
(a) If neighborhood service activities are proposed within the project,
is a market analysis provided demonstrating that less than 50 per-
cent 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 re-
quire drive-in facilities or justification for through traffic?
(b) If the project contains limited commercial development, as defined
above, is the project located at the intersection of arterial streets, or
arterial and collector streets?
(c) If the project contains limited commercial development, as defined
above, has the project been sited and designed such that the activi-
ties present will not detrimentally affect the adjacent residential
neighborhood and have the commercial activities been developed
at a scale compatible with residential development?
(8) Does the overall PUD recognize and, to the maximum extent possible,
preserve and promote the unique character of neighborhoods in the sur-
rounding area?
c.Commercial. Planned unit developments in commercial areas (B-1, B-2 and B-3
zoning districts) may include either commercial or multi-household development,
however adequate but controlled access to arterial streets is essential. Activities
would include a broad range of retail and service establishments designed to serve
consumer demands of the Bozeman area.
(1) If the project contains any use intended to provide adult amusement or
entertainment, does it meet the requirements for adult businesses?
(2) Is the project contiguous to an arterial street, and has adequate but con-
trolled access been provided?
(3) Is the project on at least two acres of land?
(4) If the project contains two or more significant uses (for instance, retail,
office, residential, hotel/motel and recreation), do the uses relate to each
other in terms of location within the PUD, pedestrian and vehicular circu-
lation, architectural design, utilization of common open space and facili-
ties, etc.?
(5) Is it compatible with and does it reflect the unique character of the sur-
rounding area?
(6) Is there direct vehicular and pedestrian access between on-site parking ar-
eas and adjacent existing or future off-site parking areas which contain more
than ten spaces?
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(7) Does the project encourage infill, or does the project otherwise demon-
strate compliance with the land use guidelines of the Bozeman growth
policy?
(8) Does the project provide for outdoor recreational areas (such as additional
landscaped areas, open spaces, trails or picnic areas) for the use and enjoy-
ment of those living in, working in or visiting the development?
d.Industrial. Planned unit industrial developments in industrial areas (M-1, M-2 and
BP zoning districts) may include employment, wholesaling, manufacturing and utility
centers for the community. The particular types of uses will be determined based
upon its potential impact upon adjacent land uses and the intensity of develop-
ment.
(1) Is the project located adjacent to an arterial or collector street that provides
adequate access to the site?
(2) Is the project developed such that the least intense uses shall be located
along the arterial streets, where visibility to the public is likely? More in-
tense uses such as heavy industrial uses and warehousing activities will be
located away from the arterial streets, buffered by the other uses.
(3) Does the project utilize a landscaping theme that will tie adjacent uses or
projects together?
(4) Is the project being developed on land substantially surrounded by devel-
oped property with existing services and utilities already available?
(5) Does the project provide for outdoor recreational areas (e.g., additional
landscaped areas, open space, trails or picnic areas) for the use and enjoy-
ment of those working in or visiting the development?
18.36.100 NORTH 19TH AVENUE/WEST OAK STREET ENTRYWAY CORRIDORS
A.Intent and Purpose. It is the intent and purpose of this section to establish the planned unit devel-
opment (PUD) review procedures as a method to guide future growth and development within the
area of the North 19th Avenue/West Oak Street Corridor Master Plan. It is further intended to
ensure that future growth and development will occur in accord with the goals and objectives of
the North 19th Avenue/West Oak Street Corridor Master Plan and it successors as a subarea plan
to the Bozeman Growth policy.
B.Application. Planned unit development provisions shall apply to all nonresidential development
proposals located in the North 19th Avenue and West Oak Street Entryway Corridor areas as
designated on the land use plan of the North 19th Avenue/West Oak Street Corridor Master Plan
and on the City of Bozeman’s Official Zoning Map as follows:
1.North 19th Avenue. (Class I and Class II corridor) All nonresidential development within
the North 19th Avenue Entryway Corridor, between Durston Road and the North 19th
Avenue-Interstate 90 Interchange, measured 660 feet from the centerline of North 19th
Avenue, exclusive of the following:
a. Between Durston Road and the south boundary of Covered Wagon Mobile Home
Court, a Class II entryway corridor overlay classification shall be applied to the east
side of North 19th Avenue, measured 330 feet from the centerline of North 19th
Avenue.
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2.West Oak Street. (Class I and Class II corridor) All nonresidential development within the
West Oak Street Entryway Corridor between North 7th Avenue and Rose Park shall be
applied within such corridor as follows:
a. Between North 7th Avenue and North 19th Avenue, measured 660 feet from the
centerline of West Oak Street; or
b. Between North 19th Avenue and the east boundary of Rose Park, measured 330
feet from the centerline of West Oak Street.
C. It is required that any developments subject to this section comply with all of the specific develop-
ment standards of the Design Objectives Plan for North 19th Avenue/West Oak Street Corridors.
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CHAPTER 18.40
STANDARDS FOR SPECIFIC USES
18.40.010 PURPOSE
The purpose of this section is to further describe the standards and conditions under which certain uses
may be permitted as principal or conditional uses in specific districts.
18.40.020 APPLICABILITY
All uses listed in this section shall be subject to the specific standards described for each use, in addition to
all other applicable standards.
18.40.030 ACCESSORY DWELLING UNITS
A. An owner or the owners of real property may establish and maintain an accessory dwelling unit,
within the principal structure of a detached dwelling unit or above a garage, in the R-S or R-1
districts if all of the following conditions are met and continue to be met during the life of the
accessory dwelling unit:
1. The detached dwelling unit within which the accessory dwelling unit is located, or the
accessory dwelling unit itself, is actually and physically occupied as a principal residence by
at least one owner of record who possesses at least an estate for life or a 50 percent fee
simple ownership interest. No more than one of the dwellings, either the principal dwelling
or the accessory dwelling, may be rented by non-owners at the same time. The City may
require a guarantee of compliance with the requirements of this section, including but not
limited to a binding deed restriction or covenant enforcing the single rental restriction as
allowed in '18.74.080.B, BMC, as a condition of approval;
2. In addition to the parking required for the principal residence, one paved off-street parking
space is provided for the exclusive use of the accessory dwelling unit. The parking pro-
vided shall be located on the lot and may not utilize the on-street parking provisions of
Chapter 18.46, BMC;
3. The occupancy of the accessory dwelling unit does not exceed two persons;
4. Garages shall not be converted for use as accessory dwelling units. However, accessory
dwelling units shall be permitted to be placed above garages;
5. No permit for an accessory dwelling unit shall be granted for a principal dwelling that is
not at least five years old;
6. In no case shall an accessory dwelling unit be larger than 800 square feet;
7. Second story additions on detached garages shall be approved only if found compatible
and consistent with the existing character and fabric of the neighborhood;
8. Only one accessory dwelling unit may be created per lot; and
9. If the accessory dwelling unit is a part of the principal dwelling unit, the accessory dwelling
unit shall be clearly incidental to the principal dwelling unit and shall meet the following
criteria:
a. The accessory dwelling unit is created only in a single-household detached dwelling
unit on a lot of 6,000 square feet or more;
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b. The accessory dwelling unit does not exceed one-third of the total area of the
principal structure;
c. The accessory dwelling unit is created only through internal conversion of the
principal structure or constructed above a garage. Minor exterior changes may be
made on the building, if the square footage added constitutes no more than 10
percent of the principal structure’s existing living area (exclusive of the garage);
and
d. If the entrance for the accessory dwelling unit is separate from the entrance of the
principal structure, the entrance shall only be located in the rear or side yards.
10. All accessory dwelling units are subject to CUP provisions established in Chapter 18.34,
BMC.
B. An owner or the owners of real property may establish and maintain an accessory dwelling unit,
above a garage, in the R-2, R-3, R-4 or R-O districts if all of the following conditions are met and
continue to be met during the life of the accessory dwelling unit:
1. In addition to the parking required for the principal residence, the minimum number of
required paved off-street parking shall be provided for the exclusive use of the accessory
dwelling unit;
2. The occupancy of the accessory dwelling unit does not exceed two persons;
3. Garages shall not be converted for use as accessory dwelling units. However, accessory
dwelling units shall be permitted to be placed above garages;
4. In no case shall an accessory dwelling unit be larger than 600 square feet or contain more
than a single bedroom;
5. Second story additions on detached garages shall be approved only if found compatible
and consistent with the existing character and fabric of the neighborhood; and
6. Only one accessory dwelling unit may be created per lot.
C. The applicant shall comply with Building Department standards.
18.40.040 ADULT BUSINESSES
In addition to the requirements to be followed for all development established in this title, the following
requirements shall apply to all adult businesses.
A. An adult business must be separated by at least a 500-foot radius from any other adult use, resi-
dence, residential district, school, place of worship, public park or any youth-oriented establish-
ment. Subsequent establishment of one of the above listed uses within the required separation
radius does not compel the relocation of an adult business.
18.40.050 ALCOHOL SALES FOR ON PREMISE CONSUMPTION
Alcohol sales for on premise consumption, on either a temporary or permanent basis, may not be con-
ducted on the same lot or premises where an adult business or auto retail fuel sale is permitted.
18.40.060 AUTOMOBILE REPAIR AND/OR FUEL SALES
In addition to the requirements to be followed for all convenience uses as defined in this title, and provided
in '18.40.100 of this chapter, the following requirements shall apply to all service station and automobile
uses as listed below. Compliance with all criteria listed below does not necessarily guarantee approval by the
City.
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A. At least one frontage is to be on a major arterial street as designated in the Bozeman growth policy;
B. Gas pump and pump island canopies are to be located not closer than 10 feet to any side or rear
property line. Design of the canopy shall architecturally match the design of the main building. All
canopies shall be connected to the roof of the main structure unless otherwise approved. All
lighting shall meet the lighting standards of this title. The maximum height of the canopy shall not
exceed 18 feet. All signs must conform to the sign regulations of Chapter 18.52, BMC;
C. All on-site activities, except those normally performed at the fuel pumps, are to be performed
within a completely enclosed building;
D. Where towing service is to be provided, a parking bay for the towing vehicle is to be provided.
Vehicles that are either under repair or vehicles that have been repaired may be stored on a tempo-
rary basis, not to exceed seven days, and designated parking bays must be provided for each vehicle
awaiting repairs. Vehicle storage areas are subject to the same screening requirements as parking
lots;
E. All lighting shall be attached to the main structure unless otherwise specifically approved;
F. All structures approved under these standards shall be of a design character that is appropriate to
the area in which they are to be constructed. Color renderings of buildings shall accompany each
application and construction shall be in conformity thereto. Architectural detailing shall be consis-
tent on all four sides of the building;
G. All restroom entrances shall be screened from view of adjacent properties or street rights of-way
by a decorative wall or landscaping, or shall be accessed from the inside of the main entrance to the
building;
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 each service stall in the station shall be provided. Pump islands shall not be
considered as service bays. Standing areas at pump islands and interior circulation areas shall not be
used as parking areas in calculating required parking spaces; and
J.Automotive Repair Facilities.
1. All repairs or painting shall be performed within a building;
2. No site plan shall be approved which exposes unassembled vehicles, auto repair activities
or auto parts to any street or residential district; and
3. Any facility shall be designed to contain and minimize noise and odors.
18.40.070 AUTOMOBILE WASHING ESTABLISHMENT
In addition to the requirements to be followed for all convenience uses, the following requirements shall
apply to all auto washing establishments as listed below.
A. All detergents must be biodegradable;
B. Building surfaces shall be faced with masonry, brick, stucco, wood or some other permanent look-
ing material. Corrugated metal is prohibited;
C. Trash and litter containers shall be emptied daily. In addition, the site shall be patrolled at least once
daily in order to remove litter;
D. Sale of automobile accessories such as batteries, tires, gasoline, etc. is prohibited during any period
when establishment employees are not present; and
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E. Canopies are to be located not closer than 10 feet to any side or rear property line. Design of the
canopy shall architecturally match the design of the main building. All lighting shall meet the
lighting standards of this title. The maximum height of the canopy shall not exceed 18 feet. All
signs must conform to the sign regulations of Chapter 18.52, BMC.
18.40.080 CEMETERIES
A. Total site area, including business office and storage building, shall be a minimum of 40 acres, of
which at least 10 acres shall be subdivided and developed in the initial plot.
B. The cemetery may include accessory uses such as a chapel, mortuary, office, mausoleum and those
industrial uses which are incidental to the operation of a cemetery. Industrial uses may include such
things as the manufacture of burial vaults and headstone foundations, provided all of the products
are used on the site and are not offered for sale and use elsewhere. The cemetery shall not include
uses of an industrial nature other than those stated in this section.
18.40.090 CONDOMINIUMS
A.Unit Ownership Act. Condominium developments shall comply with all provisions of the Unit
Ownership Act, '70-23-102 et seq., MCA, and all regulations adopted pursuant thereto.
B.Condominium Association. A condominium association shall be established for each condominium
development. The developer shall prepare bylaws for the condominium association, as well as
covenants, conditions and restrictions for the condominium development, in compliance with
Chapter 18.72 of this title. The bylaws, covenants, conditions and restrictions shall be submitted to
the City for review and approval prior to the granting of final site plan approval.
18.40.100 CONVENIENCE USES AND DRIVE THROUGH/DRIVE IN RESTAURANTS
A.Architectural Guidelines.
1. All convenience uses shall be designed with an architectural and design character that is
appropriate for and compatible with the area;
2. Use of standardized corporate identification themes integrated into the architectural de-
sign shall be regulated by the City Commission. Excessive use of such themes may be used
as grounds for denial of the project;
3. When located in shopping centers, the architectural character of the building shall be inte-
grated 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, set-
backs and signage shall be integrated with the entire design theme of the project; and
4. The elevation design of the building shall provide design character and detailing on all four
sides.
B. Noise from drive through speakers shall not be audible from adjacent residential districts.
18.40.110 HOME BASED BUSINESSES
A.Generally. A home based business is a use that is considered accessory to a dwelling unit. Buildings
combining live/work arrangements located in districts where both the residential and nonresiden-
tial uses to be combined are permitted are not subject to the requirements of this section.
1.Home Based Business as Accessory Use. The use shall be clearly incidental and secondary
to the use of the dwelling for residential purposes and shall not change the character of the
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dwelling or adversely affect the uses permitted in the residential district of which it is a
part. The home based business may not be conducted in an accessory structure, and shall
comply with the standards of subsection C below.
2.Home Based Business by Conditional Use Permit. The use shall be secondary to the use of
the lot for residential purposes and shall not be incompatible with the character of the
zoning district thereof or adversely affect the principal uses permitted in the residential
district of which it is a part. When a home based business has been established through the
CUP process, it means that the owner, lessee or other persons who have a legal right to the
use of the dwelling also have the right to conduct the home based business whether in the
principal or an accessory structure. The home based business shall comply with the stan-
dards of subsection D below.
B.Purpose of Provisions.
1.Accessory Use. It is in the intent of this section to eliminate as accessory home based
businesses for all uses except those that conform to the standards set forth in this section.
In general, an accessory home based business is a use so located and conducted that the
average neighbor, under normal circumstances, would not be aware of its existence with
the exception of permitted signage as allowed by Chapter 18.52, BMC. The standards for
home based businesses included in this section are intended to insure compatibility with
other permitted uses and with the residential character of the neighborhood. A clearly
accessory or incidental status in relation to the residential use of the main building is the
criteria for determining whether a proposed accessory use qualifies as an of right home
based business.
2.Conditional Use. It is the intent of this section to provide, through the conditional use
process established in Chapter 18.34, BMC, opportunities for home based businesses which
are more intensive in nature than those which would be allowed as an accessory use. In
general, a home based business approved through the conditional use process is an acces-
sory use which complies with the requirements of this title and is subordinate to the pri-
mary use of the particular lot for residential purposes. The standards for home based
businesses included in this section are intended to insure compatibility with other permit-
ted uses and with the residential character of the neighborhood. A secondary, but not
incidental, status in relation to the residential use of the main building is the criteria for
determining whether a proposed use may, under certain circumstances, qualify as a home
based business which may be approved by the conditional use process. As stated in
'18.34.010, BMC, conditional uses start from the presumption that they are incompatible
with the zoning district but may under specific and limited conditions become compatible.
Unless such conditions are found, there is no right to the practice of a home based busi-
ness which does not comply with the terms of an accessory home based businesses as
listed in this section.
C.Necessary Conditions for Accessory Use. Accessory home based businesses are permitted acces-
sory uses in residential districts only so long as all the following conditions are observed:
1. Such home based business shall be conducted by resident occupants in their residence with
not more than one on-premise halftime nonresident employee;
2. No more than 25 percent of the gross area of all structures shall be used for such purpose;
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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 struc-
ture;
4. No home based business shall cause an increase in the use of any one or more utilities
(water, sewer, garbage, etc.) so that the combined total use for dwelling and home based
business purposes exceeds the average for residences in the neighborhood;
5. There shall be no outside storage of any kind related to the home based business;
6. The use may increase vehicular traffic flow and parking by no more than one additional
vehicle at a time. Depending on the individual circumstances of each application, an addi-
tional off-street parking space may be required; and
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 based business exists.
D.Necessary Conditions for Conditional Use. Home based businesses permitted through the condi-
tional use permit process are allowed in residential districts only so long as all the following condi-
tions are observed:
1. Such home based business shall be conducted by resident occupants with not more than
one on-premise halftime nonresident employee;
2. No more than 30 percent of the gross area of all structures shall be 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 struc-
ture beyond that allowed in a residential use;
4. No home based business shall cause an increase in the use of any one or more utilities
operated by the City of Bozeman so that the combined total use for dwelling and home
based business purposes exceeds the average for residences in the neighborhood;
5. There shall be no outside storage of any kind related to the home based business;
6. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire
hazard or any other hazard or nuisance to any greater or more frequent extent than that
allowed by this title;
7. Home based business by conditional use permit may only be allowed on lots occupied by
single-household detached dwellings;
8. Such conditional use shall be subject to all conditions set forth in this title, except the
provisions of '18.48.060, BMC, Landscape Performance Standards; and
9. All permits required by the City, including, but not limited to, building permits and busi-
ness licenses, shall be received prior to establishing the home based business.
E.Complaints. Complaints by citizens of Bozeman may be cause for termination of the home based
business. However, should such complaint be filed, the operator is entitled to an appeal to the City
Commission for a public hearing. The City Commission shall determine whether or not the filed
complaint identifies sufficient violation of this title to warrant termination or modification of the
home based business.
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F.Examples of the Uses that Frequently Qualify as Home Based Businesses. The following are ex-
amples of uses which can typically be conducted within the limits of the restrictions established in
this section and thereby may qualify as home based businesses. Uses which may qualify as home
based businesses are not limited to those named in this subsection (nor does the listing of a use in
this subsection automatically qualify as a home based business):
1.Generally Permitted Uses: accountant, architect, artist, attorney-at-law, author, consultant,
dressmaking, home offices, individual musical instrument instruction, individual tutoring,
insurance, millinery and realtor.
2.Considered for Conditional Uses: barber, beauty salon, contractors office (no construction
activity or storage of materials and/or equipment on site), small group musical instrument
instruction, masseuse, pet grooming and tailor.
G.Uses That Are Prohibited. The following uses, by the nature oftheir character or the investment of
operation, have a pronounced tendency, once started, to rapidly increase beyond the limits permit-
ted for home based businesses and thereby impair the use and value of a residentially zoned area
for residential purposes. Therefore, the following uses shall not be permitted as home based
businesses: adult businesses; auto repair, minor or major; carpentry work; dance instruction; dental
offices; medical offices; mobile oil and lube services; painting of vehicles, trailers or boats; private
schools with organized classes; radio or television repair; and upholstering.
H.Home Based Business Procedures.
1.Notice of Intent to Operate an Accessory Home Based Business. Any individual applying
for a business license, with the intent of operating the business from his/her home, shall
acknowledge by signature his/her understanding of the requirements and conditions of
this title.
2.Home Based Business Allowed Through a Conditional Use Permit. Any individual seek-
ing to operate a home based business, which is greater in scope than that allowed by an
accessory home based business, shall make application for a conditional use permit under
the terms of Chapter 18.34, BMC. The Planning Director shall determine if a home based
business requires a conditional use permit.
3.Appeal to City Commission. Any person may appeal the Planning Director’s action relating
to a home based business to the City Commission as provided for by Chapter 18.66, BMC.
18.40.120 MANUFACTURED HOME COMMUNITIES
Manufactured home communities are included in the state classification of land subdivisions by rent or
lease. Therefore, applicants for such developments shall apply for and be reviewed under both site plan
and subdivision procedures. All standards of this title are applicable unless explicitly waived.
A.State of Montana Requirements. All manufactured home communities developed under this sec-
tion shall comply with Montana State Department of Public Health and Human Services, Depart-
ment of Environmental Quality and any other applicable state regulations. Prior to final approval
for a manufactured home community, copies of approval letters from relevant state agencies shall
be submitted or compliance with all applicable regulations shall be certified by a professional civil
engineer licensed by the State of Montana.
B.Lot Improvements. The location of boundaries of each manufactured home lot for rent or lease
shall be clearly and permanently marked on the ground with flush stakes, markers or other suitable
means. The location marked must be closely approximate to those depicted on the approved plans.
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1.Utility Hookup. Every manufactured home shall be permanently connected to electric
power, water supply, sewage disposal, gas and telephone service lines in compliance with
applicable City codes, and all utility distribution and service lines shall be installed under-
ground.
2.Permanent Foundations and Anchoring. All manufactured homes shall be required to be
tied or otherwise physically anchored to an approved permanent concrete foundation. Build-
ing permits for foundations and anchoring, issued through the City Building Department
in accordance with the adopted International Building Code, are required. The method of
anchoring and foundations shall be specified as part of the required preliminary develop-
ment review.
3.Maintenance.
a. There shall be no exposed outdoor storage of furniture (except lawn furniture),
household goods, tools, equipment, or building materials or supplies.
b. No manufactured home may be parked on a public or private street for more than
twenty-four hours.
c. An abandoned, burned or wrecked manufactured home must be secured against
entry as directed by the Fire Marshall and may not be kept on a lot for more than
forty-five days.
d. Each manufactured home must bear an insignia which attests that the construction
of the manufactured home meets regulation A 119.1 of the American National
Standards Institute (adopted by the U.S. Department of Housing and Urban De-
velopment), or be certified as meeting the Mobile Home Construction and Safety
Standards of the U.S. Department of Housing and Urban Development.
e. Within twenty-one days of placement, standard manufactured home skirting of
fire-resistive material similar in character to that of the manufactured home must
be provided around the entire perimeter of the manufactured home between the
bottom of the body of the manufactured home and the ground, except where the
running gear has been removed and the manufactured home itself is attached di-
rectly to the permanent foundation.
f. All required front yards of lots for rent or lease for manufactured homes shall be
fully landscaped.
g. All private, commonly owned recreation areas not devoted to buildings, structures,
surfaced courts, sand boxes, etc. shall be landscaped and irrigated.
4. Manufactured home lots for rent or lease shall be arranged to permit the practical place-
ment and removal of manufactured homes. Every lot for rent or lease must front on a
public or private street.
C.Permits and Inspections.
1.Owner’s and Agent’s Responsibility. It shall be the responsibility of the individual property
owners or, in the case of a rental community, the managers ofthe rental community to see
that all sections of this article are complied with, including requirements relative to place-
ment of manufactured homes, and all required permits.
2.Move In Permit Required. All manufactured homes moved into the City must be issued a
move-in permit, pursuant to this section, and be inspected by the City Building Official,
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prior to gas and electric service being turned on by the servicing utility. A copy of the
original sales contract shall be available for permit informational purposes.
3.City Inspection Required.
a. The required inspections for manufactured homes shall include: onsite utilities re-
quirements including gas, electric, sewer and water; setback requirements; and off-
street parking requirements. Fees for these have been established by the City Com-
mission by resolution.
b. It is unlawful for any person, firm, corporation or agency to turn on, or allow to be
turned on, any gas or electric service without an inspection and clearance from the
City Building Official.
4.Non-Manufactured Home Improvements Subject to the International Building Code. Per-
mits must be obtained for additions, alterations, canopies, carports, storage areas and de-
tached refrigeration units that were not included in the original sale of the manufactured
home unit, fees for which are set by the International Building Code and Uniform Me-
chanical Code.
D.Plans. The preliminary and final plans shall accurately depict:
1. All proposed and required landscaping;
2. Locations of storage areas for recreational vehicles and other chattels of the residents;
3. A layout of typical lots for rent or lease showing the location and dimensions of the lot,
manufactured home stand, driveway and parking spaces;
4. Mail delivery area; and
5. Foundation and anchoring details.
E. A permanent enclosure for temporary storage of garbage, refuse and other waste material shall be
provided for every manufactured home space. If trash dumpsters are to be used, they shall be
centrally and conveniently located, shall not be located in any front yard, and shall otherwise com-
ply with the requirements of this title.
F. Landscaping may be required by the City Commission to provide a buffer between manufactured
home communities and adjacent uses, and to enhance the appearance of the development. The
landscaping may be interspersed with a fence or wall. Specific perimeter landscape/buffering treat-
ments shall be determined on a case-by case basis, with the City considering appropriate factors
such as the nature of adjacent uses, noise and proximity to busy streets.
G.Recreation Areas. At a minimum, the amount of land required to be dedicated under '18.50.020,
BMC, shall be reserved as park or recreation area. Recreation areas may include space for commu-
nity recreation buildings and facilities.
1. Public access through the recreation area may be required, through the provision of a
written public access easement, if it is determined by the City commission that public
access is necessary to ensure public access through the private recreational area from ad-
joining properties to nearby or adjacent public parks.
H.Accessory Buildings. Accessory buildings for individual dwellings are subject to '18.38.050, BMC.
18.40.130 MANUFACTURED HOMES ON INDIVIDUAL LOTS
A.Intent. It is the intent of this section to allow manufactured homes, as defined in Chapter 18.80,
BMC, in specified zoning districts in which similar single-household dwellings constructed on the
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site are permitted subject to requirements and procedures set forth herein to assure acceptable
similarity in exterior appearances between such manufactured homes and dwellings that have been
or might be constructed under these and other regulations on adjacent lots in the same district or
area. It is the intent of this section to permit only those manufactured homes certified as meeting
the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and
Urban Development.
B.Application, Material to be Supplied. One copy of the application for the proposed manufactured
home on the individual building lot shall be submitted to the Building Department in conjunction
with the application for a building permit for the building foundation. The application shall include
all information as deemed necessary by the Planning Director to make determinations as to con-
formity with subsection C of this section, and it shall include a minimum of color photographs of
all sides of the manufactured home, of the nearest existing residences or other grounds or build-
ings on each side of the proposed site, and of existing residences or grounds fronting upon the
same street as the proposed site and opposite thereto, and also including those within 150 feet of
each corner of the proposed site. As a minimum requirement, it shall also include a description of
siding and roofing material in sufficient detail as to make possible determination as to its appear-
ance and durability.
C.Standards for Determination of Acceptable Similarity in Exterior Appearance and Construction.
The following standards shall be used in determinations of acceptable similarity in appearance and
construction between manufactured homes with permanent foundations and residences constructed
near the site to assure that such manufactured homes will be compatible in appearance with site
built housing that has been or may be constructed in adjacent or nearby locations.
1. No manufactured homes shall have fenestration or other features, 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 1 foot of rise for each 4 feet of horizontal run. Mini-
mum distance from eaves to ridge shall be 10 feet.
3. The roofing material shall be shake, tile, composition shingle, or other materials commonly
found on conventionally built homes in the surrounding areas.
4. The exterior covering material shall be similar or closely compatible to that found on con-
ventionally built residential structures in the surrounding area. Reflection from such exte-
rior shall not be greater than from siding coated with clean, white, gloss, exterior enamel.
5. The exterior covering material shall extend below the top of the foundation.
6. A solid concrete or masonry perimeter foundation shall be used.
7. The exterior covering and roofing materials of the garage(s), carport(s) and accessory build-
ings shall be compatible with the materials on the manufactured home.
8. The finished floor shall be a maximum of 24 inches above the exterior finished grade of
the lot, or similar to the conventionally built homes in the surrounding area.
9. The manufactured home shall be located on the lot so that the home presents a primary
entrance to the principal street frontage. Such primary entrance may be established by the
presence of porches, overhanging gables, and similar architectural features consistent with
the character of site built homes in the near vicinity.
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10. Manufactured homes on permanent foundations shall meet all the property development
standards for the zone in which they shall be located. These standards include, but are not
limited to: lot area and dimension; area per dwelling unit; front, rear and side yard setbacks;
building height, lot coverage, location of accessory buildings; and offstreet parking.
11. Manufactured homes located within the Neighborhood Conservation Overlay District shall
be subject to review for a certificate of appropriateness under the same standards for
architectural compatability as other homes.
12. Manufactured homes shall be approved for location on individual building lots only if they
have been certified as meeting the Mobile Home Construction and Safety Standards of the
U.S. Department of Housing and Urban Development.
D.Actions by Planning Director. Upon receipt of an application as required by subsection B of this
section, the Planning Director shall make a decision to approve or disapprove of the application
within fifteen working days, or he may make referral to the City Commission. Referrals to the City
Commission shall be placed on the agenda for its regular meeting. Within five working days after
receipt of recommendations from the City Commission, the Planning Director shall make a deter-
mination 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.
18.40.140 MINI WAREHOUSES
A. Minimum site size shall be one acre.
B.On-Site Circulation, Drives and Parking.
1. Each mini warehouse site shall provide a minimum of 2 exits;
2. All one-way driveways shall provide for one 10-foot parking lane and one 12-foot travel
lane. Traffic direction and parking shall be designated by signing or painting;
3. All two-way driveways shall provide for one 10-foot parking lane and two 10-foot travel
lanes; and
4. The parking lanes may be eliminated when the driveway does not serve storage cubicles.
18.40.150 OUTDOOR SALES AND DISPLAY
A. Merchandise which is offered for direct sale, rental or lease to the ultimate consumer or user may
be displayed beyond the confines of a building in any commercial district, but the area occupied by
such outdoor display shall not constitute a greater number of square feet than 10 percent of the
ground floor area of the building housing the principal use, unless such merchandise is a type
customarily displayed outdoors such as automobiles and garden supplies. In such cases, the maxi-
mum area for outdoor sales and display shall not exceed 50 percent of the total lot area.
B. Outdoor sales and display areas shall not be located in any required yard.
18.40.160 PORTABLE CARRY - OUT FOOD AND BEVERAGE BUILDINGS
A. A $10,000 site bond must be secured on the property. In addition, evidence of liability insurance,
with coverage of $1,000,000 per occurrence, shall be furnished by the owner.
B. Electrical service must be installed underground, below frost line in compliance with all electrical
service codes, subject to approval by the Building Department.
C. Structures shall not exceed 80 square feet in size. All structures must be on an improved asphalt or
concrete surface, be anchored below frost line, be placed upon approved footings and have a fully
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electrically bonded frame. No structure shall have an axle. Enclosed trailers must remove the axle,
be placed on an approved footing, secured below frost level, with all related supports cosmetically
covered with an approved material.
D. Not more than one portable structure may be placed on a zone lot (individual property or contigu-
ous properties held in common ownership). Portable structures shall be placed in a manner so as
not to interfere with normal vehicle and pedestrian circulation patterns or required emergency
access. Nor shall such structures be placed in a manner that eliminates or interferes with the use of
required parking spaces.
E. Requests for special temporary use permits shall be subject to review and must be approved by the
appropriate City department representatives, including but not limited to City Engineer, Fire Mar-
shal, City Building Official and Planning Director. Permit coordination and final issuance shall be
by the Planning Director. A Special Temporary Use Permit for Portable Carry-Out Food and
Beverage buildings shall be valid for a period of one year, and may be renewed annually thereafter
only if all regulations and requirements are strictly complied with on a continuing basis.
F. Operations shall be subject to all licensing requirements of the Gallatin City-County Health Board.
Documentation of such licensing, including a copy of plans for water supply and disposal, shall be
provided to the planning director prior to permitting.
G. The City of Bozeman reserves the right to revoke or terminate this permit at any time by giving 30
days written notice of such revocation or termination, except that the City may, at its election,
revoke or terminate the permit at any time without giving any notice if the owner fails to comply
with or abide by each and all of the terms and conditions of the permit.
H. Portable food and beverage buildings as described herein shall not be subject to certificate of
appropriateness requirements for the neighborhood conservation and entryway corridors overlay
districts.
18.40.170 RECREATIONAL VEHICLE PARK AND OVERNIGHT CAMPGROUND
Recreational vehicle parks and overnight campgrounds are included in the state classification of land
subdivisions by rent or lease. Therefore, applicants for such developments shall apply for and be reviewed
under both site plan and subdivision procedures.
A. Recreational vehicle parks shall be screened from view of any adjacent residential development.
B. Internal circulation roads shall be paved with a concrete or asphaltic concrete surface.
C. Individual recreational vehicle parking pads shall be plainly marked and maintained with a dust free
surface.
D. Individual recreational vehicle parking pads shall be set back at least 30 feet from the perimeter of
the park and 30 feet from any public street right-of-way.
E. Approved trash disposal, bathroom and laundry facilities, including facilities for the handicapped,
shall be provided for use of overnight campers.
F. Recreational vehicles spaces shall be separated by no less than 15 feet and shall be no less than
1,500 square feet in area.
G. Land proposed for use for a recreational vehicle park must have a R-S, Residential Suburban Dis-
trict or a RMH, Residential Manufactured Home Community District zoning designation. Recre-
ational vehicle parks are a principal use in the RMH district and a conditional use in the R-S district.
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18.40.180 LARGE SCALE RETAIL, SIZE LIMITATIONS AND DESIGN AND SITE DEVEL-
OPMENT GUIDELINES AND REQUIREMENTS
A.Purpose.
1. The purpose of this section is to establish general development standards for large scale
retail developments. These standards are intended and designed to assure compatibility of
uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety
and general welfare of the residents living within the City of Bozeman.
2. These standards are also intended to be used as guidelines for evaluating and assessing the
quality and design of proposed large scale retail developments. The particulars of any large
scale retail developments will be evaluated against their respective standards contained in
this chapter. It is expected that the quality and design of the large scale retail developments,
while not necessarily complying with the exact standards of this chapter, will meet or ex-
ceed the intent behind these standards.
3.Applicability. All uses listed in this chapter shall be subject to the specific standards de-
scribed for each use, in addition to all other applicable standards which may apply.
B.Limitations on Size of Retail Stores.
1. No retail building, utilized by a single tenant, shall exceed 75,000 square feet.
2. Retail development consisting of one or more single tenant building(s) greater than 40,000
square feet may offer for direct sale to the public merchandise, which is displayed outdoors,
but the area occupied by such outdoor sales and storage, exclusive of warehouses, shall not
exceed 25 percent of the total square footage of the retail building(s).
3. Notwithstanding '18.40.180.B.1 and '18.40.180.B.2, BMC, when an otherwise lawful re-
tail building, in excess of 75,000 square feet, exists as of March 21, 2003, such building
shall be considered a development nonconformity. Said building may be continued, struc-
turally altered, repaired or reconstructed so long as it is not increased, extended or enlarged
beyond the gross floor area of the building that existed on March 21, 2003. To the extent
practicable, the design and site development guidelines of this section shall be applied to
any alteration, reconstruction or repair that takes place after March 21, 2003.
4. The following principal uses are exempt, as they pertain to outdoor sales and storage:
a. Recreation vehicle sales and auto sales;
b. Agricultural implement sales; i.e., tractors, cultivators, balers, etc.; and
c. Plant nursery.
C.Design and Site Development Guidelines for Certain Retail Developments.
1. Retail development consisting of a single tenant building greater than 40,000 square feet
shall be subject to the design and site development criteria and development standards
contained in subsection 5 and 6 below. These guidelines shall be applied as part of the
review and approval process for use permits and detailed applications. For developments
in the entryway corridor, which are also subject to the design guidelines in Chapter 18.30,
BMC, if there is any conflict between the guidelines, the more restrictive guideline shall
apply. The guidelines in this section shall not be applied to any development or portion of
a development that is covered by an approved use permit as of March 21, 2003, unless
modifications to the use permit are proposed by the applicant.
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2.Intent and Purpose. All new construction of retail buildings described in subsection A
above will be subject to design review. It is the intent and purpose of this section to ensure
the quality of retail development will enhance the impression and enjoyment of the com-
munity both by guiding development and change that occurs after the adoption of the
ordinance codified in this section, and by stimulating and assisting, in conjunction with
other provisions of this title, improvements in signage, landscaping, access and other con-
tributing elements of retail development appearance and function. It is further the intent
of this section to establish design criteria, standards and review procedures that will allow
the City and its advisory boards and agencies to review and direct, in a fair and equitable
manner, the development and redevelopment of future and existing properties and facili-
ties governed by this section. The recommendations of the Design Review Board or ad-
ministrative design review staff shall be given careful consideration in the final action of
any agency, board or commission involved in decisions involving retail developments gov-
erned by this chapter.
3. The Design Review Board and administrative design review staff shall have the powers and
duties provided by this title in considering applications subject to this chapter.
4.Certificate of Appropriateness. A certificate of appropriateness, received from the City
Commission, with a recommendation by the Design Review Board, shall be required as a
condition of site plan approval for any development governed by this section. Applica-
tion, review and public notice procedures for proposals governed by this section are set
forth in Chapter 18.76, BMC, Noticing, and Chapter 18.34, BMC, Review Procedures for
Site Development. A denial of a certificate shall be accompanied by a written statement of
reasons for the denial.
5.Design Criteria and Development Standards. In addition to all other applicable review
procedures and design criteria, all development governed by this section shall exceed de-
sign criteria and development standards contained in Chapter 18.30, BMC, Entryway Overlay
District, including the general design objectives and guidelines contained in the adopted or
updated Design Objectives Plan, regardless of location or zoning district. Said design
criteria and development standards shall be exceeded through design practices such as
additional architectural detailing, exceptional landscape design, improved public spaces,
use of renewable energy and/or recycled construction materials, and provisions for alter-
native modes of transportation. The City Commission shall determine whether estab-
lished design criteria and development standards have been exceeded based on a recom-
mendation from the Design Review Board.
6.Adaptability for Reuse/Compartmentalization. The building design shall include specific
elements for adaptation for multi-tenant reuse. Such elements may include but are not
limited to compartmentalized construction, including plumbing, electrical service, heating,
ventilation and air conditioning. The building design shall also allow for:
a. The interior subdivision of the structure into separate tenancies;
b. Facades that readily adapt to multiple entrances and adapt to entrances on all but
one side of the building;
c. Parking lot schemes that are shared by establishments or are linked by safe and
functional pedestrian connections;
d. Landscaping schemes that complement the multiple entrance design; and
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e. Other elements of design which facilitate the multi-tenant reuse of the building
and site.
7.Appeals. Appeals may be taken as provided for in Chapter 18.66, BMC.
D.Additional Criteria and Site Development Guidelines for Certain Retail Developments.
1. Applications for large scale retail development shall include a renewal plan that will afford
maximum opportunity, consistent with the sound needs of the municipality as a whole, for
the rehabilitation or redevelopment of the structure in the event of closure or relocation
by the original occupant. Such plan will be approved if the City Commission finds that:
a. The plan conforms to the City’s growth policy and the requirements of this title or
parts thereof for the municipality as a whole;
b. A sound and adequate plan exists for said redevelopment;
c. The plan affords maximum opportunity for rehabilitation or redevelopment of the
structure by both private enterprise and the City; and
d. The renewal plan provides a maintenance plan for normal repairs and upkeep of
property, including but not limited to building, parking lot and surfacing, landscap-
ing, signage and elimination of “ghost signage.”
2. The City may enter into a development agreement with the owner of the real property and
undertake activities, including the acquisition, removal or demolition of structures, im-
provements or personal property located on the real property, to prepare the property for
redevelopment. A development agreement entered into in accordance with this section
must contain provisions obligating the owner to redevelop the real property for a specified
use consistent with the provisions of this title and offering recourse to the City if the
redevelopment is not completed as determined by the City.
E.Review. The provisions of this section shall be reviewed by the Commission in five years and
updated as needed.
18.40.190 STABLE, COMMERCIAL
A. The minimum property size shall be ten acres.
B. Structures or facilities used for stabling, storing, showing or training of animals shall be set back a
minimum of 100 feet from any adjacent privately owned property. Dwelling units, accessory struc-
tures incidental to dwelling units and irrigated pasturage may occur within the 100-foot setback
area subject to the setback requirements of the applicable zoning district.
C. There shall be at least a 20-foot yard adjacent to any street.
D. There shall be no shows or other activities which would generate more traffic than is normal to a
residential area, unless the proposed site has direct access from an arterial street as set forth in the
Bozeman growth policy. Permission for such shows and activities shall be obtained from the City.
Notification shall be provided in a letter that explains the nature and duration of the activity, and
accommodations for spectators, traffic control and additional parking for cars and trailers. This
letter shall be submitted to the Planning Director at least one month prior to the date of the show
or activity.
E. All pasture and animal storage areas shall be enclosed with fences or walls of a minimum of 4 feet,
6 inches in height. The design of these enclosures shall be shown on drawings submitted with the
conditional use permit application.
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F. All laws applicable to the public health and appropriate care of animals must be complied with for
the entire period of operation of the stable.
G. All activity and pasture areas that are not grassed shall be treated for dust control as approved by
the Planning Director.
H. Adequate parking for daily activities shall be shown on the site plan and improved to City parking
standards. Additional parking, improved as determined by the Planning Director, shall be provided
for shows or other special events.
18.40.200 TENNIS AND RACQUET CLUB
A. The use will be compatible with any adjacent neighborhood and will not be detrimental to the
same due to:
1. Increased automobile traffic;
2. Noise generated from within the site.
B. The minimum property size shall be three acres.
C. Perimeter fencing of the site may be required, fencing of outdoor courts shall not exceed 16 feet in
height, and fencing may be required to be opaque by the Planning Director or City Commission.
D. When the club is located within a residential zoning district, there shall be no shows, tournaments
or other activity which would generate more traffic than is normal to a residential area, unless
access is provided from an arterial street as set forth in the Bozeman growth policy. If access is not
provided from an arterial street, permission for such shows and activities shall be obtained from
the City Commission. Permission shall be requested in a letter with a site sketch that explains the
nature and duration of the activity and accommodations for spectators, additional parking and
traffic control. This letter shall be submitted to the Clerk of the Commission for City Commission
consideration.
E. There shall be a landscaped 50-foot buffer strip adjacent to any residential zoning district, or as
otherwise determined by the ADR or DRB.
F. Hours of operation may be controlled by the City Commission.
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CHAPTER 18.42
DEVELOPMENT STANDARDS
18.42.010 GENERAL STANDARDS
A.Conformance. The design and development of all land uses shall conform to this title, adopted
growth policies, any relevant adopted neighborhood or subarea plan, and other resolutions and
regulations, including any and all amendments thereto.
B.Natural Environment. The design and development of all land uses shall be properly related to
topography, and should, to the extent possible, preserve the natural terrain, natural drainage, exist-
ing topsoil, trees and other existing vegetation.
C.Lands Unsuitable for Development. Land which the Planning Director or City Commission has
found to be unsuitable for development because of potential hazards such as flooding, land slides,
excessive slope, rock falls, subsidence, high water table, presence of wetlands; or because of unrea-
sonable burdens on the general public such as requirements for the excessive expenditure of public
funds, environmental degradation, or congestion in the streets or roads shall not be used for build-
ing or residential purposes unless the hazards or excessive public burdens are eliminated or will be
overcome by appropriate design and construction plans. Slopes of 25 percent or greater shall be
presumed unbuildable unless proved otherwise by the developer.
18.42.020 NEIGHBORHOOD CENTERS
To provide a neighborhood focal point, all residential subdivisions or planned unit developments, that are
10 net acres in size or greater, shall have a neighborhood center. Developments may be exempted from
this requirement if every lot within the development is within one-half mile of an existing neighborhood
center. Generally, the center shall be no less than one acre in size. The center shall be comprised of a park,
square, green, plaza, transit stop, neighborhood commercial center, civic use or any combination of these.
The following requirements shall apply to all neighborhood centers:
A. The geographic center point of the neighborhood center shall be no further than 600 feet from the
geographic center point of the development. This requirement may be waived in the following
circumstances:
1. The development would create parcels that are all nonresidential;
2. The center is a neighborhood commercial center or is adjacent to a neighborhood com-
mercial center;
3. The site is constrained by the presence of critical lands; or
4. The site is part of an approved subarea plan that shows the center in a different location.
B. With the exception of civic and neighborhood commercial center uses, the developer shall be
responsible for installing all center-related improvements as part of the required development
improvements. Required improvements shall be based on the definition of each feature found in
Chapter 18.80, BMC, and/or City standards.
C. The neighborhood center shall generally have streets along at least 75 percent, but not less than 50
percent, of the perimeter.
D With the exception of civic and neighborhood commercial center buildings and grounds, the cen-
ter shall be considered a common area to be owned and maintained by the property owners or a
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property owners association. The property owners association could establish an improvement
district to collect assessments to pay for the maintenance.
E. Areas within neighborhood centers used for park, square, green and/or square, that meet the
following criteria, may count towards park land dedication requirements subject to review and
approval by the City Commission, after receiving a recommendation from the Bozeman Recre-
ation and Parks Advisory Board:
1. The area is predominantly open space with enhanced natural features, but may contain
amenities such as sidewalks, seating, drinking and ornamental fountains and public art; and
2. The area provides active and/or passive recreation opportunities.
F. The neighborhood center may be used for limited stormwater retention/detention facilities if
reviewed and approved by the City Engineer. However, any part of the center used for stormwater
management shall not count towards park dedication requirements.
18.42.030 LOT
A.Dimensions and Orientation. Lot size, width, shape and orientation shall be appropriate for the
location and contemplated use of the development. In residential developments, a variety of lot
sizes shall be provided to facilitate housing diversity and choice, and to meet the projected require-
ments of people with different housing needs. Lot designs with irregular shapes, narrow necks,
points and flag shapes shall be permitted only when the developer can demonstrate that the pro-
posed lot designs are necessary due to topography or other physical constraints. Each lot shall
contain a satisfactory building site adequate for the uses permitted in its zoning district. Each lot
shall conform to this title, any growth policies, any relevant neighborhood or subarea plan, where
officially adopted, and to any applicable regulations of the Montana Department of Environmen-
tal Quality.
B.Division by Rights-of-Way. No single lot shall be divided by a public street, alley, or public or
private utility right-of-way or easement, which would reduce the amount of buildable land to less
than the minimum lot size required by this title for the applicable zoning district
C.Double/Through and Reverse Frontage. Double/through frontage and reverse frontage lots shall
be avoided except where essential to provide separation of residential development from arterial
streets; to provide access to development adjacent to limited access streets; to overcome topogra-
phy or other physical conditions; or to overcome specific disadvantages of existing design and
orientation. Lots fronting on a street and an alley shall not be considered double/through or
reverse frontage lots.
D.Corner Lots. Corner lots shall have sufficient width to permit appropriate building setbacks from
both streets and provide acceptable visibility for traffic safety.
1. Generally, homes on corner lots shall have the same orientation as homes on lots on the
interior of the block, unless otherwise approved through an overall development plan.
Covenants shall contain information regarding the orientation for all corner lots.
E.Width. Lots shall have a width sufficient to allow normal construction without the construction
encroaching on property lines, and shall comply with the building setback requirements of this
title.
F.Depth. Except for individual lots for individual townhomes, and for modular lots as allowed by
subsection 18.42.030.K of this chapter, no lot shall have an average depth greater than three times
its average width.
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G.Side Lot Lines. Side lot lines shall be at substantially right angles to street or road lines and radial to
curved street or road lines.
I.Frontage. Unless otherwise allowed by this title, all lots will have frontage in compliance with
'18.44.090.B, BMC to provide, among other things, adequate room for snow removal, lot access
and utility easements.
J.Civic Uses. If lots are reserved or identified for civic uses, these lots must be prominent sites at the
termination of street vistas, or in the neighborhood center.
K.Modular Lotting. To promote the development of diverse residential and commercial land uses,
and to provide consumer choice and flexibility, a modular lotting system may be used when subdi-
viding land. If a modular lotting system is used, the following requirements apply:
1. Lots shall generally be 25 feet in width;
2. Lots shall be no less than 125 feet and no more than 175 feet length; and
3. A water and sewer service shall be provided to every other lot, unless attached townhomes
on individual lots are constructed, then a water and sewer services shall be provided for
every lot.
4. Modular lots created under the provisions of this chapter shall remain in an ownership so
that they comply with required zoning standards for area, width, etc. as required by
'18.60.030, BMC.
L.Exceptions. Commonly owned lots used for accessory uses (i.e., stormwater management, open
space, utilities) are exempt from the provisions of this section.
18.42.040 BLOCKS
A.Size and Orientation. Blocks shall be designed to assure a high level of multimodal connectivity,
traffic safety, and ease of traffic control and circulation; to accommodate the special needs of the
use contemplated; and to take advantage of the limitations and opportunities of the topography.
B.Block Length. Block length shall not be designed, unless otherwise impractical, to be more than
400 feet in length or less than 300 feet in length. Block lengths can be longer than 400 feet if
necessary due to topography, the presence of critical lands, access control, or adjacency to existing
parks or open space. In no case shall a block exceed 1,320 feet in length.
C.Block Width. Blocks shall not be less than 200 feet or more than 400 feet in width, except where
essential to provide separation of residential development from a traffic arterial or to overcome
specific disadvantages of topography and orientation.
D.Rights-Of-Way for Pedestrians. Rights-of-way for pedestrian walks, not less than 10 feet wide,
shall be required where deemed necessary to provide circulation or access to parks, open space,
schools, playgrounds, shopping centers, transportation, and other community facilities. In addi-
tion, no continuous length of block shall exceed 600 feet without intersecting a street or pedestrian
walk. Pedestrian walks shall also be installed at the end or cul-de-sacs where deemed appropriate.
1. Yards adjacent to pedestrian walks shall be treated as corner side yards;
2. The pedestrian walks shall be maintained by the adjacent property owner(s) or by the prop-
erty owners association. The party responsible for maintenance of pedestrian walks shall
be identified in the preliminary plat application; and
3. Pedestrian walks shall be constructed as a City standard sidewalk, and the provisions of
'18.44.080, BMC shall apply.
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E. Developments which have clearly delineated blocks shall use block numbers or letters, and each
block shall contain its own grouping of lot numbers.
18.42.050 UTILITIES
A. Utilities shall be placed underground, wherever technically and economically feasible. Under-
ground utilities, if placed in a street right-of-way, shall be installed after the street has been brought
to grade and before it is surfaced.
B. If overhead utility lines are used, they shall be located at the rear property line.
C. Utility facilities shall be designed by utility firms in cooperation with the developer. The facilities
are subject to all applicable laws, rules and regulations of the appropriate regulatory authorities.
D. The developer shall provide adequate and appropriate utility easements in compliance with
'18.42.060 of this chapter.
18.42.060 EASEMENTS
A.Required Easements. Where determined to be necessary, public and/or private easements shall be
provided for private and public utilities, drainage, vehicular or pedestrian access, etc.
1. In subdivisions, all easements shall be described, dimensioned and shown on the final plat
in their true and correct location.
2. In all other developments, the proper easements documents shall be prepared for review
and approval by the City of Bozeman, and filed at the County Clerk and Recorder’s Office.
The easement documents shall be accompanied by an exhibit indicating the dimensions,
and true and correct location, of all easements.
3. No lot shall be encumbered by a public or private utility easement in a way that would
decrease the amount of buildable land to less than the area required by this title for the
applicable zoning district.
B.Private Utility Easements. Private utilities include, but are not limited to, natural gas, electricity,
telephone, cable and fiber optic lines. The developer shall provide private utility easements neces-
sary to extend private utilities to the development, and to provide for the construction and mainte-
nance of private utilities within the development.
1.General.
a. Building setbacks shall be coordinated with all provided utility easements. If a
utility easement will be greater than the building setback required by this title, a
note to that effect shall be placed on the final plat and/or final site plan as appro-
priate.
b. Where a utility easement is to be located in an existing, dedicated right-of-way, an
encroachment permit must be obtained from the local or state street or road de-
partment having jurisdiction.
c. If placed in a City right-of-way, easements shall be in a location required by and
agreed upon in writing by all of the appropriate utility companies and the City
Commission.
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2.Easement Size.
a.Front Yard Utility Easements. Front yard utility easements shall be 10 feet wide,
and shall always be provided unless written confirmation is submitted to the Plan-
ning Department from ALL utility companies providing service indicating that
front yard easements are not needed.
b.Rear Yard Utility Easements. The provision of rear yard utility easements is not
mandatory unless they are required by any or all of the utility companies to ad-
equately serve the development. If provided, rear yard utility easements on each
lot shall be 6 feet wide if adjacent to a public alley and 10 feet if not adjacent to a
public alley.
c.Side Yard Utility Easements. The provision of side yard utility easements is not
mandatory unless they are required by any or all of the utility companies to ad-
equately serve the development. If provided, the width of the side yard utility
easement shall be determined on a case-by-case basis based on the needs of the
utility companies.
3.Private Utility Plans.
a. When the concurrent construction option will be used, based on the provisions of
'18.74.030.D, BMC of this title, private utility plans shall be included with the
preliminary PUD submittal.
b. Private utility plans shall be provided with any plans and specifications submittals
for the construction of new water, sewer or street infrastructure as specified in the
City’s Design Standards and Specifications Policy.
4. No building shall be constructed that encroaches on a private utility easement unless writ-
ten approval from ALL utility companies is provided to the Planning Department.
C.Public Utility Easements. Public utilities include water, sewer and stormwater facilities that are
dedicated to and maintained by the City of Bozeman.
1. A public utility easement shall be granted for all public utility mains not located within
public street right-of-way. An easement shall be at least 30 feet wide for either one or two
utility mains. An additional 10 feet of width is required for each additional main that
occupies the easement. Wider easements may be required at the discretion of the City of
Bozeman for large utility lines.
2. Public utility easements shall be provided for all meter pits and fire hydrants maintained by
the City of Bozeman.
3. No permanent structures shall be placed within public utility easements unless an encroach-
ment permit has been obtained from the City of Bozeman.
D.Easements for Agricultural Water User Facilities.
1. Except as noted in subsection 2 below, the developer shall establish appropriate irrigation
facility easements that:
a. Are in locations of appropriate topographic characteristics and sufficient width to
allow the physical placement and unobstructed maintenance of active open ditches
or below ground pipelines. The easement shall facilitate the delivery of water for
irrigation to persons and lands legally entitled to the water under an appropriated
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water right or permit of an irrigation district or other private or public entity formed
to provide for the use of the water right;
(1) The easements shall ensure the conveyance of irrigation water through the
land to be developed to lands adjacent to or beyond the development’s
boundaries in quantities and in a manner that are consistent with historic
and legal rights; and
(2) A minimum easement width of 10 feet is required on each side of irriga-
tion canals and ditches.
b. Are a sufficient distance from the centerline of the irrigation facility to allow for
construction, repair, maintenance and inspection of the ditch or pipeline; and
c. Prohibit the placement of structures or the planting of vegetation other than grass
within the irrigation facility easement without the written permission of the facility
owner.
2. The developer need not establish irrigation facility easements as provided above if the
following provisions were met or will be met via the subdivision process:
a. The average lot size is one acre or less and the subdivider provides for disclosure, in
a manner acceptable to the City Commission, that adequately notifies potential
buyers of lots that are classified as irrigated land and may continue to be assessed
for irrigation water delivery even though the water may not be deliverable; or
b. The water rights are removed or the process has been initiated to remove the water
rights from the subdivided land. If the water rights have been or will be removed
from the land within the development it shall be denoted on the preliminary plat.
If removal of water rights is not complete upon filing of the final plat, the subdi-
vider shall provide written notification to prospective buyers of the intent to re-
move the water right and shall document that intent, when applicable, in agree-
ments and legal documents for related sales transactions.
3 The realignment or relocation of active irrigation ditches or pipelines is discouraged. If an
irrigation facility or points of diversions thereon is proposed to be realigned or relocated,
the developer’s professional engineer shall certify, prior to final plat or final plan approval,
that the water entering and exiting the realigned or relocated irrigation facility is the same
quality and amount of water that entered or exited the facility prior to realignment or
relocation.
4. Stormwater from a development shall not be discharged to an irrigation facility.
5. As land is converted from agricultural to urban uses, and irrigation ditches are no longer in
use, the ditches shall be abandoned and filled.
E.Other Easements. Public access easements for streets and trails shall be provided in accordance
with the provisions of Chapters 18.44 and 18.50, BMC.
18.42.070 MUNICIPAL WATER, SANITARY SEWER AND STORM SEWER SYSTEMS
A.General. All municipal water supply, sanitary sewer and storm sewer system facilities shall comply
with the following requirements:
1. The developer shall install complete municipal water and sanitary sewer system facilities,
or a system allowed by '18.38.030.D, BMC, and may be required by the City to install
municipal storm sewer system facilities. These systems shall be installed in accordance
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with the requirements of State Department of Environmental Quality and the City of
Bozeman, and shall conform with any applicable facilities plan. The City of Bozeman’s
requirements are contained in the Design Standards and Specifications Policy and the City
of Bozeman Modifications to Montana Public Works Standard Specifications, and by this
reference these standards are incorporated into and made a part of these regulations. The
developer shall submit plans and specifications for the proposed facilities to the City, and
to the State Department of Environmental Quality, and shall obtain their approvals prior
to commencing construction of any municipal water, sanitary sewer or storm sewer system
facilities.
2. The cutting of any City street shall be done in compliance with the City’s street cut policy.
3. When a proposed development adjoins undeveloped land, and municipal infrastructure
mains would reasonably pass through the new development to the undeveloped land, mu-
nicipal infrastructure mains shall be arranged to allow the suitable development of the
adjoining undeveloped land. Municipal infrastructure mains within the proposed develop-
ment shall be constructed to the boundary lines of the tract to be developed, unless pre-
vented by topography or other physical conditions, in which case a subdivision variance
must be approved by the City Commission.
B.Municipal Water Supply System - Additional Requirements. Municipal water supply system facili-
ties shall also apply with the following requirements:
1. When the City’s municipal water main is extended, the length of a dead end water main
typically shall not exceed 500 feet in length, unless approved in writing by the City Engi-
neer and the Water and Sewer Superintendent.
2. The length of service lines from the main to the structure may not exceed 150 feet in
length, unless approved in writing by the City Engineer and Water and Sewer superinten-
dent.
18.42.080 GRADING AND DRAINAGE
A. The developer shall install complete drainage facilities in accordance with the requirements of
State Department of Environmental Quality and the City of Bozeman, and shall conform with
any applicable facilities plan. The City of Bozeman’s requirements are contained in the Design
Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public
Works Standard Specifications, and by this reference these standards are incorporated into and
made a part of these regulations. The developer shall submit plans and specifications to the City
of Bozeman and to the State Department of Environmental Quality (if applicable), and shall
obtain their approvals prior to commencing construction of any drainage system facilities.
B. Provisions shall be made for the control and drainage of surface water around buildings. Gener-
ally, all lots and street boulevard areas shall be graded no lower than the back of curb or level of
street, whichever is applicable, prior to final plat or final occupancy approval as appropriate. Ex-
ceptions may be granted by the City Engineer when adequate drainage facilities are provided. All
drainage plans shall comply with the requirements of the International Building Code and Interna-
tional Residential Code as adopted by the City, and by this reference these standards are incorpo-
rated into and made a part of these regulations.
C. Drainage systems shall not discharge into any sanitary sewer facility or agricultural water user
facility.
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D. Stormwater retention or detention ponds may be located within public park land, but such areas
shall not count towards the park land dedication requirement. Any stormwater ponds located on
park land shall be designed, constructed and/or added to so as to be conducive to the normal use
and maintenance of the park. Stormwater ponds shall not be located on private lots. Stormwater
retention or detention ponds shall be maintained by the property owners association.
E. The City Commission may require the developer to establish easements or other perpetual con-
trols to prevent encroachment or disruption of drainageways or facilities.
F. Stormwater facilities shall generally not occupy more than one-third of a required front yard.
18.42.090 FIRE PROTECTION REQUIREMENTS
All developments shall be planned, designed, constructed and maintained so as to minimize risk of fire and
to permit the effective and efficient suppression of fires in order to protect persons and property.
A. The placement of structures shall minimize the potential for flame spread and permit adequate
access for fire fighting equipment; and
B. Adequate fire fighting facilities shall be provided, including an adequate and accessible water sup-
ply and water distribution system.
1. National Fire Protection Association (NFPA) standards for hydrant systems shall be met.
2. City of Bozeman’s requirements as contained in the Design Standards and Specifications
Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifi-
cations shall apply.
18.42.100 WATERCOURSE SETBACK
Where a development is crossed by or is adjacent to a watercourse, the developer shall mitigate the impacts
of the development on the watercourse. This mitigation may not be less restrictive than the requirements
of the Bozeman Floodplain Regulations or any other applicable regulation of this title. The purpose of
this mitigation is bank stabilization; sediment, nutrient and pollution removal; and flood control.
A.Setback for Developments Granted Preliminary Plan or Plat Approval Prior to July 10, 2002. These
provisions shall apply to all developments granted preliminary plan or plat approval prior to July
10, 2002, including applicable subdivision exemptions:
1.Setbacks. A minimum 100-foot setback shall be provided along both sides of the East
Gallatin River. A minimum 35 foot setback shall be provided along both sides of all other
watercourses.
a. A portion of the required setback, immediately adjacent to the ordinary high water
mark, shall be left in a natural vegetative state as follows:
(1) East Gallatin River – 50 feet
(2) Other Watercourses – 5 feet
b. No fence, residential or commercial structure, fill material, parking or other similar
improvements shall be located within required watercourse setbacks.
B.Setbacks for Developments Granted Preliminary Plan or Plat Approval On or After July 10, 2002.
These provisions shall apply to all developments granted preliminary plat or plan approval on or
after July 10, 2002.
1. In the event a site with an existing development, that is subject to '18.42.100.A, BMC, is
submitted to the City for a review subject to Chapters 18.34, 18.36 and 18.60, BMC after
July 10, 2002, the proposed development shall comply with '18.42.100.B, BMC to the
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extent reasonably feasible given the existing site conditions. The final approval body for
the proposed development shall determine the extent that is reasonably feasible, subject to
any appeal provisions that may apply. Such administrative relief shall not reduce setbacks
below those provided for in Section A. It is the intent of this subsection that full compli-
ance with the terms of '18.42.100.B, BMC shall be achieved over time without unduly
burdening existing development.
2. In addition to any relaxation of watercourse setbacks provided by subsection 18.42.100.B.1
of this section, nothing in this section shall prohibit an owner of affected property from:
a. Applying for a variance to dimensional standards of the watercourse setbacks as
allowed by and subject to the requirements of Chapter 18.66, BMC;
b. When applicable, seeking a deviation to dimensional standards of the watercourse
setback as allowed by and subject to the requirements of Chapters 18.28, 18.30 or
18.36, BMC;
c. Combining two or more lots to assemble a larger and more usable parcel;
d. Petitioning the Montana Department of Fish, Wildlife and Parks and the Gallatin
County Water Conservation District to seek the reclassification of the relevant
watercourse as an irrigation facility not subject to the requirements of this section;
e. After receipt of required permits relocating the watercourse; or
f. Pursuing any other lawful means of relief from the effects of this section.
3.Setbacks. Unless otherwise specified in '18.42.100.B.6, BMC, the following setback re-
quirements shall be met:
a.East Gallatin River. A minimum 100-foot setback shall be provided along both
sides of the East Gallatin River.
b.Sourdough/Bozeman Creek and Bridger Creek. A minimum 75-foot setback shall
be provided along both sides of Sourdough/Bozeman and Bridger Creeks.
c.Other Watercourses. A minimum 50 foot setback shall be provided along both
sides of all other watercourses.
4.Additional Requirements.
a. The setback shall extend to the edge of any delineated 100-year floodplain if the
floodplain is larger than the setbacks established in '18.42.100.B.3, BMC;
b. The setback shall include adjacent wetlands. The buffer width shall be extended by
the width of the wetland;
c. Slopes 25 percent and over do not count towards the width of the setback; and
d. Two feet shall be added to the setback width for each percent of average slope
greater than 5 percent and less than 25 percent. The percentage of slope shall be
based on the average slope of the setback, exclusive of areas with slopes 25 percent
and over.
5. No newly constructed residential or commercial structure, addition to an existing struc-
ture, fence, deck, fill material (other than that required for exempt uses), parking lot or
other impervious surfaces, or other similar improvements shall be located within required
watercourse setbacks.
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6.Exceptions. The watercourse setback is divided into two zones. Zone 1 consists of the 60
percent of the setback closest to the watercourse, and Zone 2 consists of the 40 percent of
the setback furthest from the watercourse.
a. On-site stormwater treatment facilities may be located in Zone 2.
b. Trails and trail-related improvements may be placed within the required water-
course setback subject to the following provisions:
(1) Trails, and trail-related improvements such as benches and trail signage,
may be placed in Zone 2;
(2) Limited, non-looping developed spur trails to the water’s edge may cross all
zones. Benches and limited informational/interpretive signage may be placed
in Zone 1 at the terminus of spur trails;
(3) Due to topography, avoidance of wetlands, or other geographical constraints
portions of non-spur trails may need to be placed within Zone 1. Trail
construction within Zone 1, inclusive of watercourse crossings and spur
trails, per each side of the watercourse may not exceed the length of 300
percent of the width of the applicable watercourse setback per 500 lineal
feet of watercourse;
(4) All trails must be constructed to minimize bank instability, sedimentation,
nutrient and pollution runoff. Trails shall be aligned to minimize damage to
plant and wildlife habitat; and
(5) Trails crossing the watercourse and trail-related bridge structures may be
located within all zones provided that the appropriate local, state and fed-
eral permits are obtained.
c. Streets, sidewalks, utility lines or similar public construction may be permitted within
all zones for the purpose of crossing a watercourse or protecting public health and
safety. The following practices shall be observed:
(1) Crossings shall be minimized to the greatest extent feasible;
(2) Crossings with direct angles (90 degrees) shall be used to the greatest ex-
tent feasible instead of oblique crossing angles;
(3) Construction shall be capable of withstanding 100-year flood events;
(4) The subdivision grading and drainage plan shall be designed to prevent the
discharge of untreated stormwater into a watercourse; and
(5) A bank stabilization plan for all public construction watercourse crossings
shall be prepared and approved by the City prior to site preparation and
installation of the improvement(s).
d. Outlets from stormwater treatment facilities may pass through all zones in order to
discharge to the receiving watercourse, provided that all required permits are ob-
tained.
e. Activities required within limits outlined in any approved noxious weed control
plan may occur in all zones.
7.Setback Planting. A setback planting plan shall be prepared by a qualified landscape pro-
fessional, and shall be reviewed and approved by the Planning Department prior to the
commencement of development or site preparation. The plan shall include a schedule,
and plantings shall be depicted on the plan as follows:
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a. Zone 1: Thirty percent of Zone 1 shall be planted with native riparian sedges,
forbs and grasses, and the remaining 70 percent shall be planted with a mix of new
or existing trees and/or shrubs. Trees shall be spaced 25 to 35 feet apart depending
on the species. Shrubs shall be spaced 5 to 15 feet apart depending on the species.
Tree and shrub species selected shall be suitable for the climate and for planting in
a riparian area with an emphasis on native species. The Natural Resources Conser-
vation Service (NRCS) and the Gallatin Local Water Quality District (LWQD) are
good sources of landscaping materials and/or landscaping information.
b. Zone 2: Zone 2 shall be planted with new or existing native grasses suited for a
riparian area. The Natural Resources Conservation Service (NRCS) and the Gallatin
Local Water Quality District (LWQD) are good sources of landscaping materials
and/or landscaping information.
c. To prevent soil erosion and the invasion of noxious weeds, the watercourse set-
backs on all land proposed for development shall be covered with existing vegeta-
tion or shall be seeded with native grasses as soon as seasonally feasible or prior to
commencement of any site development or site preparation work.
d. Planting materials are exempt from the size requirements of '18.48.050.G.3 of
this title.
8. Except for as otherwise allowed in '18.42.100.B.6 and 7, BMC, no disturbance of soils and
existing vegetation shall occur in all zones.
C.Other Provisions.
1. All watercourse setbacks shall be measured from the ordinary high water mark as defined
in these regulations. When no ordinary high water mark is discernible, setbacks shall be
measured from the top of the streambank.
2. The watercourse setback shall be depicted on all preliminary and final plats and plans.
3. These provisions do not apply to agricultural uses, including lands enrolled in the conser-
vation reserve program (CRP), activities, and structures that existed prior to the effective
date of these regulations. Any agricultural uses, activities or structures established after the
effective date of these regulations shall comply with these regulations. An agricultural use,
activity or structure shall be considered abandoned if not used for agricultural purposes
for more than 180 consecutive days.
18.42.110 RIDGELINES AND VIEWSHEDS
For the purpose of having structures blend more naturally into the landscape rather than being a promi-
nent focal point, ridgeline protection areas are established. These areas are defined in Chapter 18.80 and
are identified and designated based on topographic characteristics. The Bozeman Ridgeline Map identi-
fies areas with a high likelihood of meeting the standards for ridgelines.
A. All buildings located within a ridgeline protection area shall be set back from the ridgeline a dis-
tance not less than 3 times its height above grade. The distance of the setback shall be measured
perpendicular from the ridgeline.
1. Exception. In the event a building permit is sought for a lot approved or created prior to
the effective date of this ordinance, [insert date], the proposed development shall comply
with this section to the extent reasonably feasible given the lot dimensions, orientation, and
42-12
other characteristics. The final approval body for the proposed development shall deter-
mine the extent that is reasonably feasible and may relax the special setback required by this
section, subject to applicable appeal provisions. Such administrative relief shall not reduce
setbacks below those required elsewhere in this title.
18.42.120 MAIL DELIVERY
If mail delivery will not be to each individual lot within the development, the developer shall provide an
off-street area for mail delivery within the development in cooperation with the United States Postal Ser-
vice. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed
within a City right-of-way.
18.42.130 FENCES, WALLS AND HEDGES
A.Location and Height. Except as provided in '18.44.100, BMC, fences, walls and hedges, in any
district may be located on lot lines provided such fences, walls and hedges comply with the follow-
ing height requirements:
1. Do not exceed 6 feet in height in any rear or side yard. Fences exceeding 6 feet in height
shall be subject to the minimum yard requirements of the district in which such fences are
located. Decorative post caps may exceed the height limit by no more than 1 additional
foot. Fences in excess of 6 feet in height require a building permit before installation may
commence. Fences may not exceed 8 feet in height.
2. Do not exceed 4 feet in height in any required front yard or any portion of a required
corner side yard that is forward of the rear edge of the building facade nearest the corner
side yard.
3. Fences used in an agricultural pursuit to retain stock animals or for public safety shall be
excepted.
B.Relation to Linear Parks. Fences located in the rear or side yard setback of properties adjoining any
Bozeman linear park shall have a maximum height of 4 feet.
C.Construction and Maintenance. Every fence or wall shall be constructed in a substantial, work-
man-like manner and of substantial material reasonably suited for the purpose for which the fence
or wall is proposed to be used. Every fence or wall shall be maintained in a condition of reasonable
repair and shall not be allowed to become and remain in a condition of disrepair, damage or
unsightliness, or constitute a nuisance, public or private. Any such fence or wall which is, or has
become, dangerous to the public safety, health or welfare, or has become unsightly through im-
proper maintenance or neglect is a public nuisance and the Building Official shall commence proper
proceedings for the abatement thereof.
D.Barbed Wire and Electric Fences.
1. No barbed wire or similar sharp fencing or electric fences shall be permitted, except in R-
S districts; except that barbed wire or other similar sharp fencing materials may be used on
the top of security fences in M-1 and M-2 districts.
2. When electrically charged fences are used in an R-S district, such fences shall be posted
with warning signs at intervals not to exceed 150 feet where such fences are adjacent to
public rights-of-way.
E.Measuring Fence and Wall Height. In case of a fence erected on top of a retaining wall, the height
shall be measured from the grade of the high side of the wall.
42-13
F.“Finished” Side Out. Any fence or wall constructed so as to have only one elevation “finished,”
which shall be defined as not having its supporting members significantly visible, shall be erected
such that the finished elevation of the fence is exposed to the adjacent property.
G.Fencing of Utilities and Outdoor Storage Areas.
1. All utility substations, wells, storage facilities or other utilities shall be screened from view
by a wall, fence, hedge or landscape screen.
2. All storage for commercial operations shall be conducted within a completed enclosed
building or within an area completely enclosed, except for access points, by a wall, fence,
hedge or landscape screen at least 6 feet in height.
18.42.140 OFF-STREET LOADING BERTH REQUIREMENTS
A.Affected Uses. Every hotel, restaurant, department store, freight terminal or railroad yard, hospital
or sanitarium, industrial plant, manufacturing establishment, retail establishment, storage ware-
house or wholesale establishment, and all other structures devoted to similar mercantile or indus-
trial pursuits, which has an aggregate gross floor area of 15,000 square feet or more shall provide
off-street truckloading or unloading berths in accordance with the following table:
1. Any office building 100,000 square feet or larger shall have at least one off-street loading
berth.
Table 42-1
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 70 feet in length. Additional berths required shall be
at least 45 feet in length unless certified by the property owner in writing that additional
loading activity will take place exclusively with small delivery vans in which case the berth(s)
shall be at least 25 feet in length. All loading berths shall be at least 12 feet in width and 14
feet in height, exclusive of aisle and maneuvering space.
2. Such space may occupy all or any part of any required yard space, except front and exterior
side yards, and shall not be located closer than 50 feet to any lot in any residential zone
unless separated from such zone, except at the accesses, by screening not less than 8 feet in
height.
3. Sufficient room for turning and maneuvering vehicles shall be provided on the site so that
vehicles shall cross a property line only by driving forward.
4. Each loading berth shall be accessible from a street or alley or from an aisle or drive con-
necting 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 dam-
age to private or public properties, streets or alleys.
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42-14
6. Bumper rails shall be provided at locations where needed for safety or to protect property.
7. No regular repair work or servicing of vehicles shall be conducted in a loading area.
8. Off-street loading facilities shall be located on the same site with the use for which the
berths are required.
9. If more than one use is located on a site, the number of loading berths provided shall be
equal to the sum of the requirements prescribed in this title for each use. If more than one
use is located on a site, and the gross floor area of each use is less than the minimum for
which loading berths are required, but the aggregate gross floor area is greater than the
minimum for which loading berths are required, off-street loading berths shall be provided
as if the aggregate gross floor area were used for the use requiring the greatest number of
loading berths.
10. Off-street loading facilities for a single use shall not be considered as providing required
off-street loading facilities for any other use.
11. At the time of initial occupancy, major alterations or enlargement of a site, or of comple-
tion of construction of a structure or of a major alteration or enlargement of a structure,
there shall be provided off-street loading berth requirements subject to the provisions of
Chapter 18.74, BMC. The number of loading berths provided for a major alteration or
enlargement of a site or structure shall be in addition to the number existing prior to the
alteration or enlargement.
12. Space allocated to any off-street loading berth shall not be used to satisfy the space require-
ments for any off-street parking facility.
18.42.150 LIGHTING
A.Purpose.
1. Provide lighting in outdoor public places where public health, safety and welfare are poten-
tial concerns;
2. Protect drivers, bicyclists and pedestrians from the glare of non-vehicular light sources that
shine into their eyes and thereby impair safe travel;
3. Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed,
placed, applied, maintained or shielded light sources;
4. Protect and maintain the character of Bozeman;
5. Prevent excessive lighting and conserve energy; and
6. Provide adequate lighting for safe pedestrian and bicycle travel.
B.General.
1. With the exception of subdivision lighting, lighting is not required. If installed, all lighting
shall comply with the requirements of '18.42.150, BMC.
2. Unless otherwise approved through a planned unit development, this ordinance shall apply
to all lighting for subdivisions, land uses, developments and buildings. In addition, any site
modification that requires a certificate of appropriateness, site plan review or reuse appli-
cation will necessitate compliance for all existing and proposed lighting on the site.
3. The provisions of this section are not intended to prevent the use of any design, material
or method of installation or operation not specifically prescribed herein, provided any
42-15
such alternate has been approved by the Planning Director. The Planning Director may
approve any such proposed alternate provided he/she finds that it:
a. The lighting provides at least approximate equivalence to the applicable specific
requirements of this section; and
b. The lighting is otherwise satisfactory and complies with the intent of this section.
C.Subdivision Lighting. Subdivision lighting consists of street lighting and pathway intersection
lighting, and shall comply with the following requirements:
1.General.
a. All subdivision lighting shall be operated and maintained through the creation of a
new SILD, through the annexation to an existing SILD or through some other
equivalent means approved by the City of Bozeman.
b. Individual yard lights on private property shall not be used for street lighting.
2.Street Lights at Intersections.
a.Illumination Requirements.
(1)Single Installation. The illumination requirement for an intersection street
light, where only one light is required, shall be determined from Table 42-
2 based on the functional classification of the street upon which the light is
located.
(2)Multiple Installation. For all intersections where more than one street light
is required, all lights shall be within the same range for measured lumens.
The illumination requirement shall be determined from Table 42-2 for the
functional classification of the leg of the intersection with the highest re-
quirement.
b.Non-Signalized Intersections. A street light shall be installed at each non-signal-
ized street intersection with the exceptions contained in subsections (1) and (2)
below.
(1) At intersections where the width of one or more of the approaches is
greater than or equal to 50 feet, as measured to the back of curb or edge of
pavement, then two street lights shall be installed on diagonally opposite
corners.
(2) At the intersection of two local streets a street light may be omitted if its
installation would violate the spacing criteria contained in Table 42-2.
c.Signalized Intersections. At signalized intersections where all approaches are nar-
rower than 50 feet, as measured to the back of curb or edge of pavement, two
street lights shall be installed on the diagonally opposite corners. At signalized
intersections where the width of one or more of the approaches is greater than or
equal to 50 feet, four street lights shall be installed, one on each corner.
3.Spacing of Street Lights. In addition to intersection locations, street lights shall be spaced
along streets in accordance with Table 42-2.
42-16
Table 42-2
1Street lights are only required at intersections on local streets.
4.Street Light Location and Placement of Equipment. In addition to spacing requirements,
the following layout criteria shall be used:
a. When a street light location falls near an unlit intersection, the light shall be located
at the intersection;
b. Street lights shall be located at property lines to the greatest extent possible, but not
in conflict with other utility service providers;
c. Pole spacing along a street may vary from the criteria of Table 42-2 by up to 15
percent. For the uniformity of appearance, the variance in spacing between adja-
cent spans should not be more than 15 percent;
d. All proposed streets within the proposed subdivision, having a curve of 300 feet or
longer in length, shall have a street light in the middle of the horizontal curve or as
required by the City Engineer;
e. A street light shall be placed at the terminal ends of center median islands having
trees and/or other fixed objects not having a breakaway design for speeds of 25
miles per hour or greater;
f. Wiring for street lights shall be underground;
g. Additional street lights may be required by the City Commission when potential
traffic hazards are identified during plan review; and
h. For streets that are wider than 70 feet (from back of curb) the required street lights
shall alternate on either side of the street.
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42-17
5.Street Light Support Structures. The ballasts; pole type, strength and anchor bolts; and
pole foundation shall be appropriate for the proposed lighting and shall be installed per the
manufacturer’s recommendations. Mounting heights shall be measured from grade and
shall comply with the requirements of Table 42-3.
Table 42-3
6.Pathway Intersection Lighting. Pathway lights shall be installed at all intersections of path-
ways and streets, located within the proposed subdivision or along existing streets or roads
abutting the development, if said intersection is located in areas other than lighted intersec-
tions. All pathway lights shall comply with City of Bozeman specifications.
Table 42-4
Source: Roadway Lighting (RP-8-00), Illuminating Engineering Society of North American, 2000.
D.Site Lighting.
1.Parking Lot Lighting.
Table 42-5
Source: Parking Lot Lighting, Illuminating Engineering Society of North American, 1998.
1Basic lighting provides for the safety of customers and employees during business hours, and for the security of on-site, outside storage of
goods and/or materials.
2Security lighting provides for the safety of employees during nonbusiness hours, and for the security of on-site, outside storage of goods and/
or materials.
2.Building Entrances. Illuminance for building entrances (including commercial, industrial,
institutional and municipal) shall average 5.0 maintained footcandles.
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42-18
3.Car Dealership Lighting.
Table 42-6
Source: Lighting for Exterior Environments, Illuminating Engineering Society of North American, 1998.
4.Service Station or Gas Pump Area Lighting.
Table 42-7
Source: Lighting for Exterior Environments, Illuminating Engineering Society of North American, 1998.
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42-19
5.Site Lighting Support Structures. The ballasts; pole type, strength and anchor bolts; and
pole foundation shall be appropriate for the proposed lighting and shall be installed per the
manufacturer’s recommendations. Height shall be measured from grade. Except as al-
lowed in Sections E and G, light poles for parking lot lighting shall not exceed 20 feet or the
height of the tallest building on the lot, whichever is lower.
6.Site Lighting Installation and Maintenance.
a. For new installations, electrical feeds for fixtures mounted on poles shall be run
underground, not overhead.
b. Poles supporting lighting fixtures for the illumination of parking areas and located
directly behind parking spaces, shall be placed a minimum of 5 feet outside the
paved area, or on concrete pedestals at least 30 inches high above the pavement, or
suitably protected by other approved means.
c. Lighting fixtures and ancillary equipment shall be maintained so as always to meet
the requirements of this ordinance.
7.Miscellaneous Site Lighting Specifications. Except as otherwise allowed in Sections E and
G, all lighting shall comply with the following requirements:
a. All outdoor lighting, whether or not required by this ordinance, shall be aimed,
located, designed, fitted and maintained so as not to present a hazard to drivers or
pedestrians by impairing their ability to safely traverse and so as not to create a
nuisance by projecting or reflecting objectionable light onto a neighboring use or
property.
b. All outdoor lighting fixtures shall be shielded in such a manner that no light is
emitted above a horizontal plane passing through the lowest point of the light
emitting element, so that direct light emitted above the horizontal plane is elimi-
nated.
c. Except for residential lights, subdivision lighting and security lighting, all lighting
shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions shall be granted
to those businesses which operate during these hours; such lighting may remain
illuminated only while the establishment is actually open for business.
d. Vegetation screens shall not be employed to serve as the primary means for con-
trolling glare. Rather, glare control shall be achieved primarily through the use of
such means as cutoff fixtures, shields and baffles, and appropriate application of
fixture mounting height, wattage, aiming angle and fixture placement.
e. All outdoor lighting shall be designed and located such that the maximum illumina-
tion measured in footcandles at the property line shall not exceed 0.3 onto adjacent
residential properties and 1.0 onto adjacent commercial properties and public rights-
of-way.
f. Externally illuminated wall-mounted and pole signs shall be lighted by fixtures
mounted at the top of the sign and aimed downward; ground-mounted sign light-
ing may only be used for monument style signs. Fixtures used to illuminate signs
shall be aimed so as not to project their output beyond the sign.
g. Floodlights, spotlights or any other similar lighting shall not be used to illuminate
buildings or other site features unless approved as an integral architectural element
42-20
on the development plan. On-site lighting may be used to accent architectural
elements but not to illuminate entire portions of buildings. Where accent lighting
is used, the maximum illumination on any vertical surface or angular roof surface
shall not exceed 5.0 average maintained footcandles. Building façade and accent
lighting shall not be approved unless the light fixtures are carefully selected, lo-
cated, aimed and shielded so that light is directed only onto the building façade and
spillover light is eliminated.
(1) Directional fixtures used to illuminate flagpoles (State, United States and/
or foreign nations) may project their output beyond the flagpole.
h. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or
color, or use intermittent electrical pulsation are prohibited.
i. Translucent awnings and canopies used for building accents over doors, windows,
etc., shall not be internally lit (i.e., from underneath or behind).
j. Search lights, laser source lights or any similar high-intensity light shall not be per-
mitted, except in emergencies by police and fire personnel or at their direction, for
meteorological data gathering purposes, or for special events if a permit is ob-
tained from the Planning Director.
E.Sports and Athletic Field Lighting. Lighting for sports and athletic fields may need to exceed
illumination standards for general recreational needs in order to meet higher standards required for
play. The City Commission may approve relaxations of these lighting standards provided that the
following minimum standards are met:
1. Fixtures shall be at least 70 feet in mounted height measured from grade.
2. If floodlights are used, they shall not be aimed above 62 degrees and should use internal
louvers and external shields to help minimize light pollution.
3. Fixtures shall be designed and aimed so that their beams fall within the primary playing
area and the immediate surroundings, so that off-site direct illumination is significantly
restricted (spillover levels at the property line shall not exceed 0.3 footcandles).
4. Lighting shall be extinguished no later than 1 hour after the event ends.
F.Lighting Specifications for All Lighting. Light fixtures and standards shall be compatible with the
surrounding area, the subdivision or site design, and the development’s character and/or architec-
ture.
1.Luminaires (Light Fixtures). Except as otherwise allowed in Sections E and G, all lumi-
naires shall comply with the following requirements:
a. In all light fixtures, the light source and associated lenses shall not protrude below
the edge of the light fixture, and shall not be visible from adjacent streets or prop-
erties.
b. Fixtures shall be of a type and design appropriate to the lighting application.
c. For lighting horizontal areas such as roadways, sidewalks, entrances and parking
areas, fixtures shall meet IESNA “full-cutoff” criteria (no light output emitted
above 90 degrees at any lateral angle around the fixture).
d. As needed, fixtures shall be equipped with or be modified to incorporate light
directing and/or shielding devices such as shields, visors, skirts, internal louvers or
hoods to redirect offending light distribution and/or reduce direct or indirect glare.
42-21
e. The installation of any mercury vapor light fixture or lamp for use as outdoor
lighting is prohibited, except that until November 21, 2006 (the fifth anniversary
date of the effective day of this ordinance), this provision shall not apply to any
replacement bulb.
G.Historic Lighting. The City Commission may relax lighting standards and requirements, with the
exception of illumination levels, for the provision of historic lighting in the neighborhood conser-
vation overlay district. Historic lights shall be proposed as part of an overall development plan.
The historic preservation planner shall review and approve the proposed lighting for historic ap-
propriateness.
H.Post Installation Inspection. The City of Bozeman reserves the right to conduct post-installation
nighttime inspections to verify compliance with the requirements of this ordinance, and if appro-
priate, to require remedial action at no expense to the City.
I.Compliance Monitoring. If the City of Bozeman finds that a lighting installation creates a safety or
personal security hazard, the person(s) responsible for the lighting shall be notified in writing and
required to take remedial action within 30 days.
J.Nuisance Glare and Inadequate Illumination Levels. When the City of Bozeman finds that a
lighting installation produces unacceptable levels of nuisance glare, skyward light, excessive or
insufficient illumination levels, or otherwise varies from this ordinance, the City may notify the
person(s) responsible for the lighting and require appropriate remedial action within 30 days.
K.Nonconforming Lighting. With the exception of subdivision lighting, security lighting fixtures or
a security lighting installation in use on [Insert effective date of the unified development ordi-
nance], that does not conform to this ordinance and that is not otherwise required to be brought
into compliance pursuant to this ordinance, shall be required to be in compliance 5 years after the
date of enactment of this ordinance. Any other lighting fixture or lighting installation existing on
the effective date of this ordinance that does not conform to the requirements of this ordinance
shall be considered as a legal conformance.
18.42.160 OUTDOOR STORAGE
A. All materials, supplies, merchandise or other similar matter not on display for direct sale, rental or
lease to the ultimate consumer or user shall be stored within the confines of a 100 percent opaque
wall or fence not less than 6 feet tall.
B. No storage of any type shall be permitted within any required yard.
C. All areas designated for vehicle and equipment storage shall be screened from view from the street
and adjacent properties as per subsection A above. Vehicle and equipment storage areas shall not
be subject to parking lot paving or landscape requirements, but shall be subject to drainage deten-
tion requirements and appropriate dust control requirements.
18.42.170 TRASH AND GARBAGE ENCLOSURES
A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be pro-
vided for every use, other than single-household dwellings, duplexes, individually owned townhouse or
condominium units, in every zoning district, except where a property is entirely surrounded by screen walls
or buildings. Trash enclosures shall be constructed so that contents are not visible from a height of 5 feet
above grade from any abutting street or property. Trash enclosures shall comply with the following regula-
tions:
42-22
A.Location. Trash enclosures, surrounding standard steel bins (dumpsters), shall be located on the
site for convenient pickup service, and the location shall be shown on required site plans. Trash
enclosures shall not be located in required front yards, and shall be situated so that containers can
be pulled straight out of the enclosure or so the sanitation truck can back straight into it. The
location of all trash enclosures shall be subject to review and approval by the City Sanitation
Department.
B.Construction. Trash enclosures shall be constructed of solid or ornamental pierced masonry walls
or other appropriate materials, with a solid concrete floor sloped for drainage and maintenance of
sanitary conditions. Enclosures shall be architecturally compatible with the principle structure.
Enclosures shall be of sufficient height to conceal contents, including containers, but in no case
shall be less than 4 feet in height above grade.
C.Exception. A garbage enclosure is not required for dumpsters accessed via an alley.
18.42.180 PROVISION OF AFFORDABLE HOUSING
A.Purpose. This section establishes the requirements relating to the creation of lots for provision of
moderate and low income housing.
1. The City’s adopted growth policy indicates the City’s desire to have a well balanced com-
munity with a range of housing available to its citizens. This includes housing for persons
of low and moderate incomes.
2. The 2003 Housing Needs Assessment established the need for additional low and moder-
ate income housing opportunities.
3. The City Commission has adopted an affordable housing policy giving direction for certain
actions to help ensure the opportunity for affordable housing.
4. The City intends to create opportunities for greater low and moderate income housing
opportunities by ensuring a supply of lots meeting minimum size requirements and pro-
viding other related means of addressing housing need.
5. Development of the minimum sized lots shall largely depend on the actions of the private
land development process.
6. It is the intention of the City to establish certain complimentary financial programs to aid
qualifying parties to obtain housing. These programs are separate from the requirements
of this title.
7. Compliance with this section meets the requirements of annexation agreements enacted
prior to the date of this ordinance that require the provision of affordable housing.
B.Applicability. Lands subdivided after the effective date of this ordinance shall meet the require-
ments of this section and shall have not less than a minimum net density of six units per acre when
subdivided if:
1. The total area of such lands being subdivided for residential purposes in all phases is five
acres or more in size; and
2. The land being subdivided is not intended for final development under the provisions of
the R-S, Residential Suburban zoning district described in '18.16.010, BMC.
42-23
C.Number of Restricted Size Lots Required. Every residential subdivision meeting the requirements
of subsection B above shall have a minimum of 10 percent of the buildable net acreage dedicated
to Restricted Size Lots (RSLs). A RSL shall not be greater than 5,000 square feet for single house-
hold detached dwellings and 3,000 square feet for single household attached dwelling units. The
RSL designation shall be recorded with the final subdivision plat in a manner that will appear on a
title search and include reference to the sunset provisions of this section.
The requirements of this section may be met through any one or a combination of the following
options. The option or combination of options shall be specified at the time of preliminary plat. A
change of option affecting more than two lots after the preliminary plat has been approved shall
constitute a material change to the subdivision and shall require reapproval of the subdivision by
the City.
1. After creation of lots through the subdivision process and recording of the RSL restric-
tions with the final plat, offering for sale to any willing buyer the RSL lots for development
as housing.
2. In lieu of designating the required number of RSLs for market sale with the final plat, the
owner may provide a fee-simple transfer of title of buildable RSLs to the City. For the
purpose of determining the number of RSLs required by this subsection the fee simple
transfer of one RSL shall be equivalent to providing three RSLs for market sale. The City
will utilize donated RSLs or the proceeds of sales of donated RSLs only for affordable
housing.
a. A fee simple transfer RSL can be provided within the annexed land being subdi-
vided or may be provided off-site as allowed by subsection 3 below. The subdivi-
sion containing the off-site fee simple transfer RSL cannot be comprised on more
than 50 percent RSLs without prior City Commission approval. The off-site fee
simple transfer RSL shall be established and transferred to the City not later than
the time of final plat approval of the subdivision responsible for creating the fee
simple transfer RSL.
3. In lieu of designating RSLs within the land being subdivided, the owner may provide for
comparable off-site RSLs at a ratio of 1:1. The subdivision containing the off-site RSLs
shall not be comprised of more than 50 percent RSLs without prior City Commission
approval. The off-site RSLs shall be established not later than the time of final plat ap-
proval of the subdivision responsible for creating the RSLs.
4. At time of final plat, in lieu of supplying the required number of RSLs, the owner may pay
a “cash in lieu” fee to the City. The payment shall be calculated as the appraised value per
square foot of developed land within that specific subdivision at a time not sooner than 30
days prior to the time of final plat approval. The cost per square foot shall be multiplied by
5,000 in single household districts and by 3,000 in multi-household districts when smaller
or multi-household aggregated lot for each required RSL. The appraisal cost shall be born
by the owner of land being subdivided. The City will use payments in lieu of RSLs only for
affordable housing.
5. Within multi-household zoning districts and with approval from the City Commission the
area required may be assembled into larger lots to allow construction of affordable hous-
ing complexes.
D.Restrictions on Building Size. Dwellings constructed on RSLs are subject to the size restrictions of
'18.16.030.B.1, BMC. Dwellings built on RSLs shall be known as Restricted Size Units (RSU).
42-24
E.Automatic Termination Provisions. The provisions of this section shall be of no more effect after
(five years after the adoption date), unless such date is extended by the City Commission by amend-
ment to this section to establish a new date.
46-1
CHAPTER 18.46
PARKING
18.46.010 GENERAL PROVISIONS
A.Floor Area.
1. The term “floor area,” for the purpose of calculating the number of off-street parking
spaces required, shall mean 85 percent of the gross floor area, as defined in Chapter 18.80,
BMC. However, at the election of the property owner, floor area shall mean the gross
floor area, as defined in Chapter 18.80, BMC, minus the following:
a. Window display areas;
b. Storage areas;
c. Areas used for incidental repair of equipment used or sold on the premises;
d. Areas occupied by toilets and restrooms;
e. Areas occupied by public utility facilities;
f. Areas occupied by dressing rooms, fitting or alteration rooms incidental to the sale
of clothing;
g. Areas occupied by stairways and elevators; and
h. Corridors connecting rooms or suites of rooms.
Such election shall be made in writing to the Planning Director, shall be signed and ac-
knowledged by the owner, and shall be filed with the Planning Director prior to the issu-
ance of a building permit for such building. The owner shall also be responsible for certi-
fying other information upon which parking requirements may be based, such as seats, and
the number of employees on maximum working shift.
2. Where applicable, the number of spaces required in '18.46.040 of this chapter will be the
total of the spaces required for the component activities of certain uses, each calculated
separately.
B.Change of Use or Occupancy of Buildings. With any change of use or occupancy of any building
or buildings, including additions to buildings, that may require more parking, an occupancy permit
is required and shall not be issued until such additional parking spaces, as required by this title, are
provided for.
C.Improvement Schedule. All parking area improvements to include surfacing, drainage, walkways,
lighting, landscaping, screening, traffic control, etc. shall be installed according to the provisions of
Chapter 18.74, BMC.
D.Stacking of Off-Street Parking Spaces. Required parking spaces shall be located so as to preclude
stacking of off-street parking spaces, with the exception of single household dwellings and indi-
vidual townhouse units, and duplexes with physically separated individual driveways. Generally, not
more than two cars may be stacked.
E.No Parking Permitted in Required Front or Side Yards. Required parking spaces shall not be lo-
cated in any required front or side yard, except that detached single household dwellings and
46-2
townhouses, and duplexes with physically separated individual driveways, may have one space lo-
cated within a driveway area in the required front yard for each parking space located directly in
front of the driveway area and outside of the required front yard.
18.46.020 STALL, AISLE AND DRIVEWAY DESIGN
A.Parking Dimensions. The following shall be the minimum parking space dimensions:
Table 46-1
Notes:
1As measured by a line perpendicular to the stall line at a point on the outside end of the stall, except when the stall is on the inside edge of a curve,
in which case the point of measurement shall be on the inside end of the stall.
2Eighteen feet if measured from a curb on the inside edge of the stall; 20 feet if measured from a painted line on the inside edge of the stall. Stall length
variations are subject to approval by the City Engineer.
3For 90-degree parking, aisles are two-way;
4First number refers to one-way traffic and the second number to two-way traffic. If the aisle is needed as a fire lane, a 20-foot minimum is required.
5Unless otherwise approved, all parking spaces shall be of standard width and length. In any parking facility containing 20 or more parking spaces,
a maximum of 25 percent of the provided parking spaces may be reduced in size for small cars, provided these spaces shall be clearly identified with
a sign permanently affixed immediately in front of each space containing the notation, “Compacts Only.” Where feasible, all small car spaces shall be
located in one or more contiguous areas and/or adjacent to ingress egress points within parking facilities. Location of compact car parking spaces shall
not create traffic congestion or impede traffic flows.
B.Within Structures. The off-street parking requirements may be furnished by providing spaces so
designated within the principal building or accessory parking structure. However, no building
permit shall be used to convert the parking structures into a dwelling unit or living area or other
activity until other adequate provisions are made to comply with the required off-street parking
provisions of this title.
C.Circulation Between Bays. Except in the case of one- to three-household dwellings and individual
townhouse units, parking areas shall be designed so that circulation between parking bays occurs
within the designated parking lot and does not depend upon a public street or alley.
D.Backing into Public Right-of-Ways. Except in the case of one- to three-household dwellings and
individual townhouse or condominium units, parking area design which requires backing into the
public street is prohibited. Except in the case of residential development, parking area design
which requires backing into the public 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.
E.Parallel Parking Spaces. Parallel parking spaces shall be a minimum of 24 feet in length and 7 feet
in width.
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46-3
F.Surfacing. Except for one-household development on individual lots, all areas intended to be uti-
lized for permanent parking space and driveways shall be paved with concrete or asphaltic con-
crete, or approved pavers, to control dust and drainage. All proposed parking areas and driveway
improvements shall require a grading and drainage plan approved by the City Engineer. However,
paving shall not be required for permitted and conditional uses in the R-S zoning districts when all
of the following circumstances exist:
1. The use is required to provide fewer than fifteen parking spaces and no loading spaces
under the provisions of this section;
2. The lot or tract on which the use is located is not adjacent to a paved street or road; and
3. The applicant shall enter into an improvements agreement with the City agreeing that the
lot shall be paved within nine months of the time an adjacent roadway is paved.
G.Striping. Except for one- to three-household dwellings and individual townhouse units, all parking
stalls shall be marked with painted lines not less than 4 inches wide.
H.Lighting. Any lighting used to illuminate an off-street parking area shall be in compliance with the
lighting restrictions in '18.42.150, BMC.
I.Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic
movement within any parking area. All signs shall conform to the requirements of Chapter 18.52,
BMC.
J.Parking Lot Curbing.
1. Except for individual townhouse units and one- to three-household dwellings, all open off-
street parking areas and driveways shall have a 6-inch by 6-inch perimeter concrete curb
around the entire parking lot, including driving access ways. Continuous concrete curbing
shall be built according to standards provided by the City Engineer.
2. Concrete pindown wheel stops may be permitted as an alternative to continuous concrete
curbing in front of parking spaces which front on the perimeter of the parking lot. How-
ever, continuous concrete curbing as described above shall be provided in all situations
where deemed necessary by the City Engineer to control drainage and soil erosion.
3. Alternative perimeter treatment may be permitted adjacent to snow storage areas subject
to the approval of the City Engineer.
4. Requirements for perimeter curbing shall not preclude opportunities for shared access
between adjacent parking lots.
K.Protruding Vehicles. All onsite parking stalls which abut property lines shall be designed and con-
structed such that parked vehicles shall not protrude over property lines.
L.Pedestrian Facilities in Parking Lots. Concrete sidewalks a minimum of 3 feet in width shall be
provided between any existing or proposed building and adjacent parking lot. Where sidewalk
curbs serve as wheel stops, an additional 2 feet of sidewalk width is required.
M.Snow Removal Storage Areas. Snow removal storage areas shall be provided sufficient to store
snow accumulation on site. Such areas shall not cause unsafe ingress/egress to the parking areas,
shall not cause snow to be deposited on public rights-of-way, shall not include areas provided for
required parking access and spaces, and shall not be placed in such a manner as to damage land-
scaping. All snow removal storage areas shall be located and designed such that the resultant storm-
water runoff is directed into landscaped retention/detention and water quality improvement facili-
46-4
ties as required by the Engineering Department, or in compliance with any adopted storm drainage
ordinance or best practices manual.
N.Parking and Stacking for Drive In/Drive Through Facilities. Required parking and stacking spaces
for waiting automobiles shall be determined by the DRC and shall not in any manner inhibit on-
site or off-site vehicular circulation.
O.Ownership/Leasehold. Required parking lots shall be owned or leased by the owner or lessee of
the building or use being served by such parking. Such parking lots shall be maintained as a parking
lot so long as the building and/or use served is in operation or until another approved parking area
is established for such building or use.
P.Storm Water Drainage. Storm water drainage from parking lots shall be directed into landscaped
detention/retention facilities and water quality improvement facilities as required by the Engineer-
ing Department, or in compliance with any adopted storm drainage ordinance and/or best prac-
tices manual adopted by the City.
18.46.030 MAINTENANCE OF PARKING AREAS
It shall be the joint and separate responsibility of the lessee and owner of the principal use, uses or building
to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping and re-
quired fences or screening.
A.Use of Required Parking Areas for Parking Only. Required off-street parking spaces in any district
shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles, except
when permitted as a temporary use.
B.Parking Spaces Identified and Maintained. All residential occupancies shall provide required off-
street parking spaces. When enclosing a carport or garage for storage or living purposes, an affida-
vit shall be submitted to the Planning Director identifying the required parking spaces necessary to
comply with '18.46.040, BMC below.
18.46.040 NUMBER OF PARKING SPACES REQUIRED
The following minimum number of off-street, paved parking spaces shall be provided and maintained by
ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth. When
calculation of the required parking results in a fraction of a parking space being required, a whole space
shall be provided.
Table 46-2
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46-5
A.Residential Uses.
1.Minimum Requirements. The number of spaces shown in the table above shall be pro-
vided. In addition to the number of spaces required from the table below, the required
number of disabled parking stalls shall also be provided. All site plans submitted for permit
purposes shall identify parking space allocations.
a. One parking space for each 24 uninterrupted linear feet of available street frontage
usable for on-street parking directly adjacent to a lot may be deducted from the
total parking spaces required for a development. The number of on-street spaces
calculated shall not exceed the number of dwellings on the lot. The width of drive
accesses, designated non-parking areas, vision triangles, and similar circumstances
shall not be considered to be available for the purpose of on-street parking space.
2.Adjustments to Minimum Requirements.
a.Affordable Housing. When calculating the amount of required parking for afford-
able housing, as defined in Chapter 18.80, BMC, if the project is guaranteed for use
as affordable housing for a minimum period of 20 years and the use as affordable
housing is subject to long term monitoring to ensure compliance and continued
use as affordable housing, all parking shall be calculated as if on-street parking
were available for each affordable dwelling unit provided, and shall not exceed that
required for a two-bedroom dwelling.
b.Residential Uses in Mixed-use Projects. In order to utilize this section, the long
term availability of the nonresidential parking spaces upon which the use of this
section was based shall be assured to the residents of the project. For the purposes
of this section, residential parking shall be calculated as if on-street parking were
available for all dwellings. The use of this section does not preclude the use of
other sections of this title which may have the effect of reducing the required
amount of parking. When calculating the amount of required parking for residen-
tial uses within a mixed-use project the amount of parking may be reduced subject
to one of the following provisions:
(1) A reduction of not more than 50 percent of the required number of spaces
for residential uses may be taken, provided that the number of spaces which
are reduced do not exceed 30 percent of the total spaces provided for the
total project uses. Not withstanding the provisions of this subsection a
minimum of 0.75 parking space per dwelling unit shall be provided; or
(2) If the nonresidential portions of the project provide 300 percent or more
of the number of off-street parking spaces required by the residential units,
then the number of off-street parking spaces required per residential unit
shall be zero, provided that the occupants of the residential units are per-
mitted use of the provided nonresidential parking spaces.
B.Nonresidential Uses.
1.Minimum Requirements. The number of spaces shown in the table below shall be pro-
vided. In addition to the number of spaces required from the table below, the required
number of disabled parking stalls shall also be provided. All site plans submitted for permit
purposes shall identify parking space allocations.
2.Maximum Parking. Provision of parking spaces in excess of 125 percent of the minimum
number of spaces required in '18.46.040.B, BMC is not permitted.
46-6
Table 46-3
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46-7
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3.Adjustments to Minimum Requirements. To implement the City’s adopted growth policy,
adjustment of parking requirements within certain areas of the City is desired. Use of this
section shall not be considered as joint use of parking or off-site parking regulated by
'18.46.050 and '18.46.060, BMC nor shall the use of this section preclude the use of other
sections of this title which may have the effect of reducing the required amount of on-site
parking.
a.Neighborhood Commercial. Within zoning districts implementing a Neighborhood
Commercial growth policy designation or the B-3 zoning district, the parking re-
quirements for non-residential uses may be reduced.
46-8
Table 46-4
b.Community Commercial. Within zoning districts lying within a commercial node,
as defined in Chapter 18.80, and implementing a Community Commercial growth
policy designation, the parking requirements for nonresidential uses may be re-
duced.
Table 46-5
C.Exceptions to These Parking Requirements. Because some situations (i.e., existing lots which have
no landscaping, irregular lots, lots with topographic difficulties, etc.) would benefit from an alter-
native to the required maximum parking areas; because the community’s appearance could benefit
from additional landscaping, streetscaping and sculptural elements; and because parking excep-
tions and/or landscaping would encourage development within existing City boundaries; the fol-
lowing 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 onstreet parking situ-
ation in the vicinity of the proposal.
1.Neighborhood Conservation Overlay District. Except in the B-3 district, parking require-
ments in neighborhood conservation overlay districts will be governed by Chapter 18.28,
BMC. Generally, parking and access drives should not have an adverse effect on any exist-
ing 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 18.28, BMC may be used to define
all parking requirements.
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46-9
2.Landscaping in Lieu of Parking. Except in the B-3 district, property owners have the
option of requesting the deletion of up to 5 required spaces or 10 percent of the required
parking spaces, whichever is less, if 350 square feet of landscaping, trees or streetscaping is
installed on the property for each space so deleted. This shall not decrease the amount of
landscaping that would have been required with full parking, but shall be in addition to
such landscaping. This option shall be approved by the ADR staff. These improvements
must be placed in the public right-of-way or yards directly facing the right-of-way.
3.Exceptions and Modifications to Parking Requirements in B-3 District. Where all or part
of the required parking spaces can not be provided for a proposed use in the B-3 District,
either through ownership or lease of the necessary land, the petitioner may satisfy the
parking requirements by providing an equivalent cash-in-lieu payment according to the
following provisions:
a. No building permit shall be issued, nor shall any use of property be initiated, unless
a satisfactory cash-in-lieu payment is received by the Department of Finance;
b. The Parking Commission shall review and consider all requests for cash-in-lieu
payments and furnish a written and dated certificate, signed by the Parking Com-
mission Chairman, authorizing cash-in-lieu payments. A copy of this certificate
shall be presented to the Chief Building Official and Planning Director before a
building permit is issued or the use instituted;
c. For each required parking space not provided, an appropriate payment shall be
made to the City Finance Director as specified by City Commission resolution;
d. 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 renova-
tion and resurfacing of same;
e. 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; and
f. 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 assess-
ments of SID No. 565, or other similarly adopted improvement districts;
(1) In the event that a new use or an expansion is initiated on any portion of
real property or improvements subsequent to the assessments for SID No.
565 or other similarly adopted improvement districts, then parking space
requirements shall be satisfied prior to initiation of those new or expanded
uses.
4. In conjunction with the preliminary plan review for a proposed development under the
provisions of Chapter 18.34, BMC, a shared parking study may be submitted to establish
a lower number of parking spaces than would be required by '18.46.040, BMC. Any pro-
posed study shall follow the methodology established by the publication ‘Shared Parking’
published in 1983 by the Urban Land Institute or an equivalent reference. If the City does
not possess a copy of the volume establishing the methodology used in the study a copy
46-10
shall be submitted at the time of preliminary plan submittal. If the study is not acceptable
to the City, the required parking for the proposed development shall be established by the
application of the minimum parking standards of this title.
D.Disabled Accessible Parking Spaces.
1. Disabled parking spaces shall be provided subject to federal standards enumerated in the
Americans with Disabilities Act (ADA) dated January 26, 1992, and Federal Standard 795,
(Uniform Federal Accessibility Standards) dated April 1, 1988, Chapter 4 (Accessible Ele-
ments and Spaces: Scope and Technical Requirements). Each disabled parking space shall
also be accompanied by a sign stating “Permit Required $100 Fine”.
2. All parking lots and facilities shall be subject to current International Building Code guide-
lines for accessibility, and shall contain a minimum number of disabled accessible parking
spaces as set forth in the table below:
Table 46-6
a. The first accessible parking stall provided, and one in every eight accessible spaces
provided thereafter, shall have an aisle 8 feet wide (rather than 5 feet) and shall be
signed “van accessible.”
b. Accessible spaces shall be located as near as practical to a primary entrance(s) and
shall be designated as those spaces closest to the primary entrance(s) to a facility.
Parking spaces and access aisles shall be level with slopes not exceeding 1:50 in all
directions and shall be maintained in an ice and snow free condition.
c. The minimum number of accessible parking spaces shall be in addition to any
other required parking spaces.
3. All accessible parking spaces shall be designated as reserved for the disabled by a sign
showing the symbol of accessibility at each space. Such signs shall not be obscured by a
vehicle parked in the space. Signs and symbols painted on the pavement as the only means
of identification do not meet this requirement.
a. Raised signs shall be located at a distance no greater than 5 feet from the front of
each accessible space and shall be subject to review and approval by the Planning
Department.
4. Provision of an accessible path of travel from each disabled accessible parking space to the
entrance of the facility shall include ramped access where necessary and an unencumbered
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46-11
minimum 3-foot wide walk, sidewalk or ramps. The accessible path of travel shall be a
paved, smooth surface, free of defects or design features that would restrict, inhibit or
unreasonably impede the movement of a physically disabled individual.
a. The least possible slope shall be used for any ramp. The maximum slope of a ramp
in new construction shall be 1: 12, cross slopes shall not exceed 0.25 inch per foot.
The maximum rise for any run shall be 30 inches (760 millimeters).
5. Exceptions: Group R occupancies containing three or less dwelling units or congregate
residences accommodating ten persons or less.
6. Prior to occupancy, the applicant or their representative shall certify compliance with the
requirements of subsection D of this section.
E.Bicycle Racks Required. All site development, exclusive of those qualifying for sketch plan review
per Chapter 18.34, BMC, shall provide adequate bicycle parking facilities to accommodate bicycle-
riding residents and/or employees and customers of the proposed development. Bicycle parking
facilities will be in conformance with standards recommended by the Bozeman Bicycle Advisory
Board.
18.46.050 JOINT USE OF PARKING FACILITIES
A. Up to 80 percent of the parking facilities required by this chapter for a church, civic center, per-
forming arts center, or for an auditorium incidental to a public or parochial school may be supplied
with the off-street parking facilities of the following daytime uses: banks, business offices, retail
stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or
service shops, manufacturing, wholesale and similar uses.
B. Other joint use of parking by 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.
C.Conditions Required for Joint Use.
1. The building or use for which application is being made to utilize the off-street parking
facilities provided by another building or use shall be located within 1,000 feet of such
parking facilities as measured by the route of travel from the nearest parking space to the
commonly used entrance of the principal use served;
2. The applicant shall show that there is no substantial conflict in the operating hours of the
two buildings or uses for which joint use of off-street parking facilities is proposed; and
3. A properly drawn legal instrument, executed by the parties concerned for joint use of off-
street parking facilities, duly approved as to form and manner of execution by the City
Attorney, shall be filed with the Clerk of the Commission and recorded with the County
Clerk and Recorder.
18.46.060 OFF-SITE PARKING
Any off-site parking which is used to meet the requirements of this title shall be reviewed by the Planning
Director for compliance with this title and shall be subject to the conditions listed below.
A. Off-site parking shall be developed and maintained in compliance with all requirements and stan-
dards of this title;
B. Reasonable access from off-site parking facilities to the use being served shall be provided;
46-12
C. The site used for meeting the off-site parking requirements of this title shall be under the same
ownership as the principal use being served, under public ownership, or shall have guaranteed
permanent use by virtue of a perpetual lease filed with the Clerk of the Commission and the
County Clerk and Recorder;
D. Off-site parking for one-household and two-household dwellings shall not be permitted;
E. Off-site parking for multiple household dwellings shall not be located more than 100 feet from any
commonly used entrance of the principal use served;
F. Off-site parking for nonresidential uses shall not be located more than 1,000 feet from the com-
monly used entrance of the principal use as measured by the route of travel from the nearest
parking space to the commonly used entrance of the principal use served and shall not be located
in residential districts; and
G. Any use which depends upon off-site parking to meet the requirements of this title shall maintain
ownership or provide evidence of a long-term irrevocable lease agreement, running in perpetuity
with the existence of the designated use, for parking utilization of the off-site location.
48-1
CHAPTER 18.48
LANDSCAPING
18.48.010 PURPOSE AND INTENT
A.Purpose and Intent. The process of development, with its alteration of the natural topography and
vegetation, and creation of impervious cover can have a negative effect on the ecological balance
of an area by causing or accelerating the processes of runoff, erosion and sedimentation. The
economic base of Bozeman can and should be protected through the preservation and enhance-
ment of the area’s unique natural beauty and environment. Recognizing that the general objectives
of this chapter are to promote and protect the health, safety and welfare of the public, these
landscaping regulations are adopted as part of this title for the following specific purposes:
1. To aid in stabilizing the environment’s ecological balance by contributing to the process of
air purification, oxygen regeneration, groundwater recharge, stormwater runoff retarda-
tion, and improvement of water quality, while at the same time aiding in noise, glare and
heat abatement;
2. To provide visual buffering between land uses of differing character by placing screening
vegetation;
3. To enhance the beauty of the City by expanding and strengthening the urban forest and
providing a diversity of vegetation within the City;
4. To protect the character and stability of residential, business, institutional and industrial
areas by establishing minimum landscaping standards;
5. To preserve the value of land and buildings by protecting and enhancing the aesthetic
character of the community;
6. To conserve energy by providing windbreaks, shade and temperature moderation;
7. To retard the spread of noxious weeds by encouraging a vigorous desirable plant commu-
nity within the City;
8. To enhance the appearance of the entryways into the City by providing high-quality land-
scaping which complements architecture;
9. To encourage a pleasant and safe environment for pedestrians by placement of boulevard
trees and other interesting visual features; and
10 To encourage the conservation of water by rewarding the use of low water demand land-
scaping.
18.48.020 INTERPRETATION AND SCOPE
A. The provisions of this section shall apply to a lot or site when an application is being made for:
1. Site development approval pursuant to Chapter 18.34, BMC;
2. Signs pursuant to Chapter 18.52, BMC where landscaping is required; or
3. Restoration of a building that has been damaged or destroyed by fire, explosion, flood,
tornado, riot, act of the public enemy or accident of any kind. For purposes of this para-
graph, “restoration” means the act of putting back into a former or original state, only.
B. Not withstanding the application of subsection A above, these provisions shall not apply to the
following:
48-2
1. Lots containing residential uses subject to sketch plan review when located outside entry-
way corridors, except that such lots shall be subject to '18.48.050.A and E, '18.48.070 and
'18.48.100 of this chapter;
2. Lots or sites within a planned unit development which has been approved with its own
landscape plan. However, these provisions shall be used as the basis for determining the
landscaping plans for future planned unit developments and such planned unit develop-
ment landscaping plans shall meet or exceed the standards of these landscape regulations;
or
3. Lots or sites which are designed, reviewed and approved according to the deviation provi-
sions specified in '18.48.080 of this chapter.
18.48.030 GENERAL LANDSCAPING PROVISIONS
A.Designation of Artificial Lot.
1. All the lots and building sites described in '18.48.020.A of this chapter shall be subject to
landscaping provisions, however if a building site is over two acres in size, the applicant
may request that the Planning Director create an artificial lot to satisfy the requirements of
'18.48.040 of this chapter.
2. The Planning Director shall not create an artificial lot which would, in his/her opinion,
violate the spirit of these landscape regulations. An artificial lot must:
a. Wholly include the area on which the development is to occur; and
b. Have an area that does not exceed 50 percent of the area of the original site.
B. An artificial lot need not be platted, however it must be designated on plans approved by the
Planning Director or City Commission prior to the issuance of a building permit.
C. Landscape plans shall include the information required by '18.78.100, BMC.
18.48.040 LANDSCAPE PLAN REVIEW
A. The City Commission or other party designated to conduct reviews by this title shall review each
landscape plan to determine whether or not it complies with the requirements of this section.
B. All landscape plans must comply with the mandatory landscape provisions in '18.48.050 of this
chapter.
C. In addition, all landscape plans must earn a minimum number of points as specified in '18.48.060
of this chapter. Points are awarded for specified landscape features and elements based upon their
relative value or merit. The alternatives for achieving the minimum points needed for approval are
provided in '18.48.060 of this chapter, Landscape Performance Standards.
18.48.050 MANDATORY LANDSCAPING PROVISIONS
A.Yard Landscaping Required. For all uses in all districts, unless otherwise provided by specific ap-
proval through design review procedures, all front, side and rear yards, and those areas subject to
'18.48.050.E, BMC, exclusive of permitted access drives, parking lots and accessory structures,
shall be landscaped as defined in this title. All landscaped areas shall be perpetually maintained in a
healthy condition.
B.Additional Screening Requirements. The site plan or other approval authority may require addi-
tional 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:
48-3
1. One-household and multi-household developments or apartment buildings;
2. Multi-household and multi-household developments or apartment buildings;
3. Residential and nonresidential uses; or
4. Nonresidential uses of differing character and/or intensity.
C.Parking Lot Landscaping.
1. For purposes of defining parking lot landscaping requirements, the term “parking lot”
means the area within the perimeter of the paved portion of the parking lot, including
driving aisles but not including access drives. The provisions of this subsection do not
apply to parking areas, as defined in Chapter 18.80, BMC, provided within a building or
parking structure.
2. All surface parking lots on the building site or artificial lot, whichever is applicable, shall be
landscaped in accordance with the following paragraphs which describe landscaping re-
quirements in addition to the yard landscaping requirements for the site:
a.Parking Lot Screening Required.
(1) All parking lots located on a lot with a residential adjacency must be screened
from that residential adjacency;
(2) All parking lots located between a principal structure and a public street,
except in M-1 and M-2 districts, must be screened from the public street;
and
(3) The screening required under paragraphs (1) and (2) above shall be not less
than 4 feet in width and shall be maintained at a height of 4 to 6 feet except
as otherwise restricted by fence and hedge height limits within required
front yards and street vision triangles.
b. Large canopy trees, large noncanopy trees or small trees must be provided in, or
immediately adjacent to, all parking lots at a minimum average density of:
(1) One large canopy tree; or
(2) One large noncanopy tree and 1 small tree; or
(3) Three small trees for each 9 parking spaces required or provided, which-
ever is greater.
c. No parking space may be located more than 90 feet from the trunk of a tree.
d. No tree may be planted closer than 4 feet to the paved portion of the parking lot.
e. Additionally, any parking lot providing 15 or more parking spaces shall have a mini-
mum of 20 square feet of landscape area within the parking lot for each off-street
parking space in the lot provided as follows:
(1) The interior parking lot landscaping shall be designed to facilitate, control
and denote proper vehicular circulation patterns;
(2) Internal parking lot landscaping provided shall be proportionately dispersed
so as to define aisles and limit unbroken rows of parking to a maximum of
100 feet, with landscaped areas provided in an appropriate scale to the size
of the parking lot; and
(3) The minimum width and/or length of any parking lot landscaped area shall
be 8 feet.
48-4
f. The above standards are minimum mandatory standards. The provisions of
'18.48.060 of this chapter require additional vegetation or other landscape fea-
tures for receipt of performance standard points.
D.Screening of Offstreet Loading Spaces.
1. All offstreet loading spaces on a lot with residential adjacency must be screened from that
residential adjacency.
2. In all districts, except M-1 and M-2 districts, all offstreet loading spaces on a lot must be
screened from all public streets adjacent to that lot.
3. The screening required under paragraphs 1 and 2 must be at least 6 feet in height.
E.Street Frontage Landscaping Required.
1. Except in R-S districts, all street rights-of-way contiguous to or within the proposed devel-
opment site not used for street pavement, curbs, gutters, sidewalks or driveways shall be
landscaped, as defined in this title, and shall include one large canopy tree for each 50 feet
of total street frontage. When this requirement conflicts with other requirements of this
title or other portion of the Bozeman Municipal Code the Planning Director may relax this
standard to reach an optimal balance in public interests.
a. Acceptable large canopy shade trees for use in public rights-of-way are those ac-
cepted by the Forestry Department. Street trees must meet the arboricultural speci-
fications and standards of Chapter 12.30, BMC. The Forestry Department, in
cooperation with the Bozeman Tree Advisory Board, publishes a pamphlet listing
acceptable species and proper planting methods. Prior to planting street trees, a
permit from the Forestry Department is required.
2. Where it may be impractical or difficult to plant large canopy trees within the public right-
of-way (due to the presence of overhead power lines, for instance) the requirement for one
large canopy tree for each 50 feet of street frontage may be substituted with two small
ornamental trees per 50 feet of total street frontage. Acceptable small ornamental trees for
use in public rights-of-way are those accepted by the Forestry Department.
3. The minimum quantity of trees and other landscaping required and provided in the public
right-of-way as described herein shall be designed to complement onsite landscaping and
to enhance the proposed development project and the streetscape.
F.Street Median Island Landscaping. All street median islands approved through a plan review pro-
cess shall be landscaped according to requirements determined through the plan review process.
G.Acceptable Landscape Materials.
1. Generally acceptable plant materials shall be those identified as hardy in Zones 1 through
3. The characteristics of the zones are described in The Western Garden Book, Sunset
Publishing Corporation, 1995. Alternatives may be considered upon a case by case basis.
However, in the case of street frontage landscaping as required in '18.48.050.E above,
acceptable tree species shall be limited to those approved by the Forestry Department.
2. No artificial plant materials may be used to satisfy the requirements of this chapter.
3. Plant materials used to satisfy the requirements of this chapter must comply with the fol-
lowing minimum size requirements at the time of installation (depending on the standard
measuring technique for the species):
48-5
a. Large canopy and noncanopy trees must have either:
(1) For deciduous trees a minimum caliper of 1.5 inches to 2 inches; or
(2) For evergreen trees a minimum height of 8 feet.
b. Small canopy and noncanopy trees must have either:
(1) For deciduous trees a minimum caliper of 1 inch; or
(2) For evergreen trees a minimum height of 6 feet.
c. All other nonturf plantings shall meet American Nursery and Landscape Associa-
tion standards.
4. For purposes of subsection G.3 of this section, height is measured from the top of the
root ball or, if the plant is in a container, from the top soil level in the container.
H.Protection of Landscape Areas.
1. Perimeter parking lot treatment as required in '18.46.020.J, BMC shall be installed to pro-
tect landscape areas adjacent to parking lots.
2. Landscaped areas within parking lots (i.e., landscape islands or peninsulas) must be pro-
tected from vehicular traffic through the use of continuous concrete curbs, or other per-
manent barriers approved by the City Engineer. Railroad ties, rolled asphalt, pin down
wheel stops or similar methods of curbing are not acceptable methods of landscape pro-
tection within parking lots.
I.Irrigation Standards.
1. Permanent irrigation systems shall be provided to all landscaped areas. The use of hose
bibs on the exterior of existing or proposed structures is not an acceptable method of
landscape irrigation unless the landscaped area is adjacent to the existing or proposed struc-
ture.
2. All irrigation systems and landscaped areas shall be designed, constructed, operated and
maintained so as to promote water conservation and prevent water overflow or seepage
into the street, sidewalk or parking areas.
J.Required Use of Trees. All landscape plans must include, for each yard with a residential adjacency,
at least one of the performance standards in '18.48.060.B of this chapter that requires the use of
one or more trees.
K.Coordination with Utilities. In order to prevent damage to both vegetation and public utility lines,
all trees and other large vegetation shall be planted no closer than the minimum distance specified
in the City of Bozeman Design Standards and Specifications Policy.
18.48.060 LANDSCAPE PERFORMANCE STANDARDS
A. In addition to complying with the mandatory landscape provisions in '18.48.050 of this chapter,
all landscape plans must earn a minimum number of points as specified below. Points are awarded
for specified landscape features and elements based upon their relative value or merit.
1. The minimum number of points needed for landscape plan approval by zoning district is
as follows:
48-6
Table 48-1
2. The points required under '18.48.060.A.1 above may be earned by enhancing mandatory
yard landscaping through a combination of one or more of the methods provided for in
subsections B, C, and D of this section. The landscaping required by '18.48.050, BMC,
except subsection E for boulevard trees, may be used to meet the requirements of this
section
B.Yard Landscaping Enhancement. When considering whether landscaping meets the requirements
of this section, groupings must be placed in such a fashion as to be related and mutually supportive
of design quality and be placed so as to allow the healthy development of maturing vegetation.
1. Points may be earned for use of certain vegetation types as follows:
a. Three points are awarded for the installation of 50 percent or greater of drought
tolerant species of herbaceous perennials, and grasses accepting of maintenance
by annual mowing and limited irrigation;
b. Three points are awarded for the installation of drought tolerant species for greater
than 50 percent and less than 75 percent of the trees and shrubs;
c. Five points are awarded for the installation of drought tolerant species for 75 per-
cent or greater of trees and shrubs; and
d. One point shall be awarded for each mature tree existing on-site over 6 inches in
caliper which is preserved by the proposed design of the site development. In
order to utilize this subsection, the tree must have remaining life expectancy of at
least 20 years and be protected from damage during construction.
2. Five points per yard (up to fifteen points maximum) are awarded when the landscaped yard
contains, for each 50 linear feet of each landscaped yard, one or more of the plant ele-
ments in both columns A and B below:
Table 48-2
.
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48-7
c. The required plant elements from columns A and B above may be arranged in any
combination meeting the grouping requirements of '18.48.060.B, BMC.
3. In the case of a lot with residential adjacency only, eight points are awarded for providing
vegetative screening in the landscaped yard with residential adjacency in accordance with
the following subparagraphs:
a. The screening must be of natural vegetation at least 6 feet in height;
b. The screening must extend along the entire length of the portion of the land-
scaped yard where a residential adjacency exists, exclusive of:
(1) Public street frontage;
(2) Driveways and accessways at points of ingress and egress to the lot; and
(3) Street vision triangles;
c. However, no points are awarded for screening required by '18.48.050.B, BMC
unless the required screening is constructed of earthen berm or evergreen plant
materials;
d. If screening is provided by an earthen berm or evergreen plant materials, the fol-
lowing additional regulations apply:
(1) An earthen berm must be planted with groundcover. The earthen berm
may not have a slope that exceeds 1 foot of rise for each 2 feet of run and
must be at least 4 feet high, including planting materials, subject to front
yard and street vision triangle height limitations.
(2) Evergreen plant materials must:
(a) Be located in a bed that is at least 3 feet wide;
(b) Be placed a maximum of 48 inches on center over the entire length
of the bed unless an alternative planting density that a landscape
architect certifies as being capable of providing a solid appearance
within three years is approved; and
(c) Provide a visual barrier of the required height within three years of
their initial planting;
4. Two points may be awarded when foundation plantings obscuring not less than 70 percent
of the building perimeter, exclusive of entrys, are provided.
C.Non-vegetative Special Features.
1. Five points are awarded if the building is located on the site so that 50 percent or more of
the street facade of the building is within a distance of 3 feet or less from the required front
building line, i.e. front yard setback line, as defined in Chapter 18.80, BMC;
2. A maximum of eight points may be awarded when a site is graded and/or terraced utilizing
natural stone or prefabricated decorative masonry retaining wall material as a drystack or
mortared wall. In order to qualify for the points available in this section the wall portion
must:
a. Be 5 percent of the length of the total perimeter of the lot or artificial lot for each
two points to be awarded;
b. Have a vertical face surface of at least 1 foot along the length of the area to be
considered for (a) above;
c. Be integrated with other landscaping materials and grading on the site; and
48-8
d. Be complementary to the overall grading of the site and the activities and architec-
ture contained on the site;
3. One point is awarded for each stone boulder not smaller than 3 feet in diameter which is
integrated with other landscaping, up to a maximum of five points;
4. One point is awarded for each 1 percent increment of lot area covered by publicly acces-
sible 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.
D.Parking Lot Landscaping.
1. Ten points are awarded when all surface parking lots, as defined in Chapter 18.80, BMC on
the building site or artificial lot, whichever is applicable, are landscaped in accordance with
all of the following paragraphs in addition to that landscaping required in '18.48.050,
BMC:
a. The parking lot must contain one of the plant groups from '18.48.060.B.2 of this
section at an average density of one group, plus an additional one large canopy
tree, for each required sixteen parking spaces; and
b. No required parking space may be located more than 70 feet from the trunk of a
large canopy tree.
18.48.070 LANDSCAPING OF PUBLIC LANDS
A.City of Bozeman Rights-of-Way and Parks.
1.General.
a. Tree planting permits shall be obtained from the Forestry Department prior to
installation of trees in City rights-of-way or parks.
b. Drought tolerant grass seed shall be planted in these areas.
2.External Streets, Open Space, and Parks. The developer shall be responsible at the time of
initial development for installing vegetative ground cover, boulevard trees and an irrigation
system in the public right-of-way boulevard strips along all external perimeter development
streets and adjacent to public parks or other open space areas.
a. Prior to installing landscaping in City of Bozeman rights-of-way or parks, the de-
veloper shall submit a landscaping plan to the superintendent of public lands and
facilities for review and approval. The landscaping plan shall be prepared by a quali-
fied landscaping professional meeting the requirements of this chapter. Tree plant-
ing permits shall be obtained before any tree is placed on public land.
b. Wells shall be used to irrigate landscaping in these areas.
3.Adjacent to Individual Lots. When individual parcels are developed, the individual prop-
erty owners shall be responsible for installing landscaping and street trees within the public
right-of-way boulevard strips adjacent to their property, and providing for irrigation, in
compliance with '18.48.050.E.1, BMC.
B.Maintenance.
1. Maintenance of landscaping installed within the boulevard portion of the public right-of-
way, with the exception of tree trimming and tree removal, shall be the responsibility of
adjacent property owners.
48-9
2. A developer shall be responsible for irrigating and maintaining landscaping along external
streets and landscaping adjacent to parks or other opens space areas until 50 percent of the
lots are sold. Thereafter, the property owners association shall be responsible for maintain-
ing and irrigating these landscaped areas. The property owners association may with the
City’s approval establish an improvement district to collect assessments to pay for the irri-
gation and maintenance.
3. The City shall accept responsibility for the maintenance of all other required landscaping
installed in accordance with approved site plans within the public right-of-way or on other
public lands.
B.State of Montana Rights-of-Way. Landscaping shall be installed along state rights-of-way, in the
same manner described in '18.48.070, BMC provided that the Montana Department of Transpor-
tation has reviewed and approved the proposed landscaping plan. Maintenance of landscaping
installed within the boulevard portion of the public right-of-way shall be the responsibility of
adjacent property owners unless a different responsibility is established by the encroachment per-
mit.
18.48.080 DEVIATION FROM LANDSCAPING REQUIREMENTS
A. To achieve the optimal landscape design on individual sites, or to coordinate the landscape design
in an area, it may be necessary to deviate from the strict application of landscaping requirements.
An application for such deviation shall be processed through the pertinent design review authority
and approved by the City Commission.
B. The application for deviation shall be subject to the submittal and procedural requirements of this
title, and shall be accompanied by written and graphic material sufficient to illustrate the conditions
that the modified standards will produce, so as to enable the City Commission to determine that
the deviation will produce an environment, landscape quality and character superior to that pro-
duced by the existing standards, and will be consistent with the intent and purpose of this chapter.
Upon such a finding, the City Commission may authorize within the Neighborhhod Conservation
and Entryway Corridor overlay districts deviations of up to 20 percent from landscape design
standards contained herein.
18.48.090 LANDSCAPING COMPLETION
All landscaping must be completed or secured in accordance with the provisions of Chapter 18.74, BMC.
18.48.100 GENERAL MAINTENANCE
A. Required landscaping must be maintained in a healthy, growing condition at all times. The property
owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning and other
maintenance of all plantings as needed. However, the City Forestry Department is responsible for
pruning or removing any tree in a City right-of-way or park. Any plant that dies must be replaced
with another living plant that complies with the approved landscape plan. Failure to maintain
required landscaping in a healthy growing condition at all times may result in revocation of an
occupancy permit. When enforcing this provision of this title, external factors such as seasonality
and availability of landscape stock shall be considered before any action to revoke an occupancy
permit is taken.
B. Any damage to utility lines, resulting from the negligence of the property owner or his agents or
employees in the installation and maintenance of required landscaping in a utility easement, is the
48-10
responsibility of the property owner. If a public utility disturbs a landscaped area in a utility ease-
ment, 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.
50-1
CHAPTER 18.50
PARK AND RECREATION REQUIREMENTS
18.50.010 GENERAL
Except as provided in '18.50.020.B of this chapter, all subdivisions and residential condominium develop-
ments shall comply with the provisions of this chapter.
18.50.020 PARK REQUIREMENTS
A. Land, cash donation in-lieu of land dedication, or a combination of both shall be provided as
follows:
1. Three-one-hundredths (0.03) acres per dwelling unit of land dedication or cash donation
in-lieu of land dedication shall be provided. These requirements are based on the commu-
nity need for parks and the development densities identified in the growth policy and this
title.
OR
2. If a development is proposed within a multi-household zoning district and the density of
the property is unknown, land dedication or cash donation in-lieu of land dedication shall
be provided. This park requirement is based on the community need for parks, as identi-
fied in an adopted Citywide park plan. The land dedication or cash donation in-lieu of land
dedication shall be based upon the size of the land proposed to be developed into lots for
multi-household or condominium use as follows:
a. 11 percent of the area of the land proposed to be subdivided into parcels of one-
half acre or smaller;
b. 7.5 percent of the area of the land proposed to be subdivided into parcels larger
than one-half acre and not larger than 1 acre;
c. 5 percent of the area of the land proposed to be subdivided into parcels larger than
1 acre but not larger than 3 acres; or
d. 2.5 percent of the area of the land proposed to be subdivided into parcels larger
than 3 acres but not larger than 5 acres.
B.Exceptions. Land dedication or cash donation in-lieu of land dedication shall not be required for:
1. A minor subdivision.
2. Land proposed for subdivision into parcels larger than 5 acres.
3. Subdivision into parcels which are all nonresidential.
4. A subdivision in which parcels are not created, except when that subdivision provides
permanent multiple spaces for recreational camping vehicles or manufactured homes.
5. A subdivision in which only one additional parcel is being created.
18.50.030 CASH DONATION IN-LIEU OF LAND DEDICATION
A. The City Commission may determine whether the park dedication must be a land dedication, cash
donation in-lieu of land dedication or a combination of both. When making this determination,
the City Commission shall consider the following:
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1. The desirability and suitability of land for parks and playgrounds based on size, topogra-
phy, shape, location or other circumstances; and
2. The expressed preference of the developer.
B. When a combination of land dedication and cash donation in-lieu of land dedication is required,
the cash donation may not exceed the proportional amount not covered by the land dedication.
C. Cash donation in-lieu of land dedication shall be equal to the fair market value of the amount of
land that would have been dedicated. For the purpose of these regulations, the fair market value is
the value of the unsubdivided, unimproved land after it has been annexed and given an urban
zoning designation.
1. It shall be the responsibility of the developer to provide an appraisal of the fair market
value by a certified real estate appraiser of their choosing. The appraisal fee shall be the
responsibility of the developer.
D. Where a cash donation has been accepted in-lieu of land dedication, the amount of cash donation
shall be stated on the final plat or plan as appropriate.
E. Where a cash donation has been accepted in-lieu of land dedication, the City Commission shall
record in the meeting minutes why the dedication of land for parks and playgrounds was undesir-
able.
F.Use of Cash Donations.
1. The City Commission shall use a cash donation for development or acquisition of parks to
serve the development.
2. The City Commission may use the cash donation to acquire or develop parks or recre-
ational areas within its jurisdiction or for the purchase of public open space or conserva-
tion easements, only if:
a. The park, recreational area, open space or conservation easement is within a rea-
sonably close proximity to the proposed development; and
b. The City Commission has formally adopted a Citywide park plan that establishes
the needs and procedures for use of the cash donation.
18.50.040 PARK USE
As part of a Park Master Plan, the developer shall indicate the proposed use of the park as active, passive,
playground, ballfield, etc. However, the final use of the park shall be determined by the City Commission.
18.50.050 LOCATION
A.General. The City Commission or Planning Director, in consultation with the developer, Recre-
ation and Parks Advisory Board, and the Planning Board if applicable, may determine suitable
locations for parks and playgrounds. Park land must be located on usable land, and should be kept
in a large block.
B.Subarea or Neighborhood Plans. If a subarea or neighborhood plan has been adopted for the area,
the subdivision shall comply with the subarea or neighborhood plan for the location of parks.
18.50.060 FRONTAGE
Park land shall, at a minimum, have frontage along at least 50 percent of its perimeter on public or private
streets or roads.
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18.50.070 LINEAR PARKS
A.General. If consistent with a growth policy or Citywide park plan, and if reviewed and approved
by the City Commission, linear parks shall be dedicated to the City to provide corridors for recre-
ation pathways as defined in '18.50.110, BMC.
1. Pathway corridors within required watercourse setbacks shall not be dedicated to the City
as linear parks and such land may not be used to satisfy park land dedication requirements.
Instead, cash donation in-lieu of land dedication credit shall be granted only for the cost of
constructing Class II or III recreational trails if public access is provided. The developer
shall provide a detailed cost estimate for installation of the trail, for review and acceptance
by the City, to determine the cash donation credit.
a. Within required watercourse setbacks, a public access easement that is at least 25
feet in width shall be provided to ensure adequate room for the construction, main-
tenance and use of the trail.
B.Width. To ensure adequate room for pathway construction, maintenance and use, linear parks
shall be at least 25 feet in width.
C.Maintenance. These areas shall be maintained in accordance with '18.50.110.E, BMC until an
alternative method (e.g., a Citywide parks maintenance district) of funding and maintaining the
linear park is established.
18.50.080 PARK DEVELOPMENT
A.General. Developers shall consult any adopted Citywide park plan, and with the Recreation and
Parks Advisory Board which implements the plan, to determine the types of parks needed for the
proposed development and surrounding area. Parks shall be developed in accordance with the
Citywide park plan and any approved Park Master Plan. At a minimum, all parks shall be improved
to the following standards by the developer, prior to final plat or final occupancy approval as
appropriate:
1.Minimum Required Improvements Land Dedications. The subdivider shall be responsible
for leveling any park area(s), amending the soil, seeding disturbed areas to allow mowing
with turf type mowers, and installing an underground irrigation system in compliance with
City standards and specifications.
a. Parks shall be seeded with drought tolerant grass seed.
2.Irrigation. The developer shall be responsible for irrigating the park area(s) until 50 per-
cent of the subdivision lots or condominium units are sold. Thereafter, the property own-
ers association shall be responsible for park irrigation. The property owners’ association
could establish an improvement district to collect assessments to pay for irrigation.
a. Wells shall be used to irrigate park land.
B.Boundaries. The park boundary bordering all private lots shall be delineated at the common pri-
vate/public corner pins, with flat, flexible fiberglass posts, a minimum of 6 feet in length with no
less than 2 feet driven into the ground. Each post must be labeled with a permanent glue on sign
stating “Park Boundary” or “Property Boundary”. Other forms of boundary marking may be
approved by the Planning or other appropriate department.
C.Sidewalks. Sidewalks, when required within the development, shall be installed by the developer at
points where the park borders or crosses public or private streets.
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D.Storm Water Detention/Retention Ponds. Stormwater retention or detention ponds may be lo-
cated within public park land, but such areas shall not count towards the park land dedication
requirement. Any stormwater ponds located on park land shall be designed, constructed and/or
added to so as to be conducive to the normal use and maintenance of the park. Storm water ponds
shall not be located on private lots. Stormwater retention or detention ponds shall be maintained
by the property owners association.
E.Clean Up Required. The park area must have all fencing material, construction debris and other
trash removed.
18.50.090 WAIVER OF PARK MAINTENANCE DISTRICT
When required, the developer shall sign, and file at the County Clerk and Recorders Office, a waiver of
right to protest the creation of park maintenance district(s). The waiver shall be filed with the final subdi-
vision plat, or recorded at the time of other final approval.
18.50.100 WAIVER OF PARK DEDICATION
The City Commission shall waive the park dedication or cash donation in-lieu of land dedication require-
ment if land equal to or exceeding the area of the dedication otherwise required by this chapter is set aside
by one of the following means:
A. The proposed development provides long-term protection of critical wildlife habitat; cultural, his-
torical, archeological or natural resources; agricultural interests; or aesthetic values;
B. The proposed development provides for a planned unit development or other development with
land permanently set aside for park and recreational uses sufficient to meet the needs of the per-
sons who will ultimately reside in the development;
C. The development is a land subdivision created by rent or lease (i.e., manufactured housing commu-
nities and recreational vehicle parks) with land permanently set aside for parks or playgrounds
within the subdivision for rent or lease for the common use of the residents of the development;
1. These park or playground areas shall be maintained by the property owners association.
D. The developer provides for land outside of the subdivision to be set aside for park and recreational
uses sufficient to meet the needs of the persons who will ultimately reside in the subdivision.
1. The land being developed shall be within the service area, as designated by an adopted
Citywide park plan, of the dedicated park land; and
2. The developer must dedicate the off-site park land to the City of Bozeman;
OR
The developer must execute the appropriate public access easements on privately-owned
land. The easements shall be held by the City of Bozeman. The City of Bozeman’s re-
sponsibilities for park land dedicated by easement shall be the same as for fee simple park
land dedication.
E. The developer provides land outside the development that affords long-term protection of critical
wildlife habitat; cultural, historical, archeological or natural resources; agricultural interests; or aes-
thetic values; and the area of the land to be subject to long-term protection equals or exceeds the
area of the dedication otherwise required by this chapter.
F. If a tract of land is being developed under single ownership as a part of an overall plan, and part of
the tract has previously been subdivided or developed, and sufficient park land dedication or cash
donation in-lieu of land dedication has been provided from the area that has been previously
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subdivided or developed to meet the requirements of this section for the entire tract being devel-
oped, the City Commission shall issue an order waiving the land dedication and cash donation
requirements for the subsequently developed area.
18.50.110 RECREATION PATHWAYS
A.General. Developers shall install pathways in accordance with this title, the growth policy, the
Greater Bozeman Area Transportation Plan Year 2001 Update, any adopted Citywide park plan,
and any adopted Park Master Plan, and shall comply with City of Bozeman design specifications.
B.Pathway Categories. The DRC shall be responsible for determining whether a pathway is a trans-
portation pathway or a recreation pathway. For subdivision proposals, this determination shall be
made during the pre-application process.
1.Recreation Pathways. The City Commission may require developers to install recreation
pathways, to provide recreational and physical fitness opportunities within the develop-
ment, as part of the required development improvements. Recreation pathways include
the following facilities:
a. Pathways that do not connect major residential, employment, educational or ser-
vice nodes;
b. Pathways that connect parks, but do not connect major residential, employment,
educational or service nodes;
c. Pathways that are not ADA accessible due to topography;
d. Pathways located within parks; and
e. Class II and III trails.
2.Transportation Pathways. For the definition of transportation pathways, please see
'18.44.110, BMC.
C.Related Facilities. If pathways are proposed or required, stream crossings and other similar im-
provements, where necessary, shall be installed. Bridge design and construction shall comply with
City specifications and standards, and shall be submitted to the Planning Department for review
and approval. Any necessary permits for bridges shall be obtained by the developer from the
appropriate agency prior to installation of the stream crossings.
D.Trail Requirements. The class of the trail shall be determined by the Recreation and Parks Advi-
sory Board, and the trail shall be designed and constructed according to any adopted park or
recreation plan or other City specifications and standards. Trails and bridges must meet Americans
with Disabilities Act (ADA) specifications for recreational facilities and maintain a natural appear-
ance. Trail plans and specifications shall be submitted to the Planning Department for review and
approval prior to installation.
E.Pathway Maintenance. Recreation pathways within the proposed development shall be maintained,
in conformance with an approved maintenance plan, by the developer until 50 percent of the lots
or condominium units are sold. Thereafter the property owners association shall be responsible
for maintenance. The property owners association could establish an improvement district to
collect assessments to pay for the maintenance.
F.Pathway Easements. Where pathways cross private land or common open space, the proper public
access easements shall be provided. Public access easements for pathways shall be at least 25 feet
wide.
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CHAPTER 18.52
SIGNS
18.52.010 INTENT AND PURPOSES
It is the intent and purpose of this chapter to promote the health, safety and welfare of the residents and
visitors of the City of Bozeman by regulating and controlling the size, location, type, quality of materials,
height, maintenance and construction of all signs and sign structures not located within a building for the
following reasons:
A. To preserve the Bozeman area’s natural scenic beauty;
B. To contribute to inviting entrances into Bozeman by eliminating clutter associated, in part, with the
unrestricted proliferation of signs, lights and stringed devices;
C. To encourage area beautification through creative, interrelated design of signage, landscaping, build-
ings, access and parking that enhances the community’s built and natural environment;
D. To give all businesses an equal opportunity to have a sign that will help people find the services
they need; and
E. To ensure that pedestrians and motorists are protected from damage or injury caused or partly
attributable to the distractions and obstructions which are caused by improperly situated signs. The
City Commission intends to provide a reasonable balance between the right of an individual to
identify their business and the right of the public to be protected from the visual discord that
results from the unrestricted proliferation of signs. Sections 18.28.070 and 18.30.080, BMC estab-
lish certain exemptions, and alternative procedures utilizing design review. The deliberations and
decisions of the design review shall be directed to accomplish the intent and purpose of this
section. It is determined that the regulations contained herein are the minimum necessary to fur-
ther the interests of this title.
18.52.020 SIGN PERMIT REQUIREMENTS
If a sign requiring a permit under the provision of this chapter is to be placed, constructed, erected or
modified on a zone lot, the owner of the lot shall secure a sign and building permit prior to the construc-
tion, placement, erection or modification of such a sign. Furthermore, the property owner shall maintain
in force, at all times, a permit for such sign. No permit of any kind shall be issued for an existing sign or
proposed sign unless such sign is consistent with the requirements of this chapter.
18.52.030 PROHIBITED SIGNS
All signs not expressly permitted under this chapter, or exempt from regulation, are prohibited in the City.
Such signs include, but are not limited to:
A. Portable signs (except as allowed under Title 12, Chapter 22, BMC);
B. Roof signs;
C. Revolving signs;
D. Beacons;
E. Flashing signs;
F. Pennants;
G. Stringed flags;
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H. Inflatable signs and tethered balloons (except as permitted per '18.52.040, BMC); and
I. Signs located in public rights-of-way (except for those permitted in '18.52.050.C and '18.52.060.D.4,
BMC).
18.52.040 PERMITTED TEMPORARY AND SPECIAL EVENT SIGNS
Temporary and special event signs, such as banners, tethered balloons and inflatable signs, shall be allowed
only as follows:
A. Special event signs are permitted in the zones described in '18.52.060.A and '18.52.060.B, BMC.
B. 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.
18.52.050 SIGNS EXEMPT FROM PERMIT REQUIREMENTS
The following signs shall be exempt from regulation under this chapter:
A.Residential Zones ( R-S, R-1, R-2, R-3, R-4, RMH). Temporary, nonilluminated, real estate sale,
and noncommercial speech signs that do not exceed 9 square feet in total area and, if freestanding,
5 feet in height. No more than one such sign per street frontage.
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 25 percent of the area of the window in which it is
displayed. If it exceeds 25 percent of the area of the window, it will be classified as a wall
sign.
2. Signs within a structure or building or other enclosed area of property when such signs are
not intended to be viewed from outside the structure or property.
3. Four on-premises directional signs not exceeding 4 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, state, county or city government. Public utility signs
showing locations of underground facilities or public telephones, and safety signs on con-
struction 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.
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18.52.060 SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT
The following on-premise signs are permitted in the indicated zones subject to a sign permit:
A.Commercial, Manufacturing, and Public Land Zones ( B-2, B-3, M-1, M-2, BP, PLI, HMU). A lot
in a B-2 district is permitted total signage not to exceed 400 square feet. The maximum allowable
total signage in the other districts listed herein shall not exceed 250 square feet per lot. A compre-
hensive sign plan is required for all commercial centers consisting of two or more tenant spaces on
a lot and shall be designed in accordance with '18.52.070, BMC.
1.Freestanding Signs. One freestanding sign is permitted per zoned lot. The maximum area
for a freestanding sign shall be 32 square feet. A low profile freestanding sign shall be set
back a minimum of 5 feet with a maximum height of 5 feet. A pole-style freestanding sign
shall be set back a minimum of 15 feet with a maximum height of 13 feet. The pole-style
sign will maintain at least an 8-foot minimum vertical clearance from the ground.
2.Wall Signs. Wall signs are not to exceed a total signage allowance of 1.5 square feet per
linear foot of building frontage minus any area devoted to freestanding or projecting signs.
Canopy, window and awning signs shall be classified as wall signs. Wall signs shall not
project above the top of a wall or parapet. Lots fronting on two or more streets shall be
permitted an additional 35 percent of the already permitted wall sign area for each subse-
quent building frontage.
3.Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed 8 square
feet in area nor extend more than 4 feet from the building. Projecting signs shall provide a
minimum sidewalk clearance of 8 feet.
B.Business and Office Zones (B-1, R-O). The maximum allowable total signage for a lot shall not
exceed 80 square feet in a B-1 district, and 32 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 this section.
1.Low Profile Freestanding Signs. One low profile sign not to exceed 32 square feet in area in
the B-1 district, and 12 square feet in area in the R-O district. In both the B-1 and the R-O
districts, the low profile sign shall have a minimum setback of 5 feet and a maximum height
of 5 feet. Pole-style freestanding signs are not permitted in the B-1 and R-O zones.
2.Wall Signs. Wall signs in the B-1 district are not to exceed a total signage allowance of 1
square foot per linear foot of building frontage minus any area devoted to freestanding or
projecting signs. Wall signs in the R-O district are not to exceed a total signage allowance of
0.5 of a square foot per linear foot of building frontage minus any area devoted to free-
standing and/or projecting signs. Canopy, window and awning signs shall be classified as
wall signs. Wall signs shall not project above the top of a wall or parapet. Lots fronting on
two or more streets shall be permitted an additional 35 percent of the already permitted
wall sign area for each subsequent building frontage.
3.Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed 8 square
feet in area nor extend more than 4 feet from the building. Projecting signs shall provide a
minimum sidewalk clearance of 8 feet.
C.Residential Zones (R-S, R-1, R-2, R-3, R-4, RMH).
1.Subdivision Identification Signs. For residential subdivisions consisting of more than four
residential units, one low profile, freestanding, neighborhood identification sign per devel-
opment entrance is allowed. Each sign shall not exceed 16 square feet in area or 5 feet in
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height from the finished grade. The sign must be setback at least 5 feet from the property
line.
2.Residential Building Identification Signs. For properties used for multi-household residen-
tial buildings, one residential identification wall sign per street frontage. Each sign shall not
exceed 8 square feet in area.
3.Signs Appurtenant To Residential Principal and Conditional Uses and Home Occupations.
a. Principal residential uses and home occupations shall be permitted commercial
message signage not to exceed 4 square feet in area and shall not be located in any
required setback area. In addition, home occupations shall be permitted 1 square
foot signs on a mailbox or lamp post or 1.5 square feet of freestanding signage
located a minimum of 5 feet from the property line.
b. Principal residential uses shall be permitted noncommercial speech signs which do
not exceed 30 square feet in area nor 5 feet in height. Such sign(s) must be setback
at least 15 feet from the property line.
c. Conditional nonresidential type uses, such as churches, veterinary uses, golf courses,
day care centers and schools shall be permitted signage as if the underlying zoning
were B-1. Conditional residential type uses such as bed and breakfast homes, and
fraternity and sorority houses, shall be permitted signage as if the underlying zon-
ing were R-O. Such signs may only be illuminated during the hours of operation.
4.Planned Unit Developments. Commercial establishments within planned unit developments
where the underlying zoning is residential shall be permitted signage as if the lot were in a
B-1 zone.
D.Special Districts And Zones. The guidelines for the underlying zoning districts apply unless other-
wise 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 devia-
tions, the sign application will be reviewed by ADR staff. If the applicant is requesting
deviations, the sign application shall be subject to review by the Design Review Board and
the City Commission.
2.Entryway Overlay District. Signage may exceed the underlying zoning district limitations
by up to 20 percent upon review and approval by the City Commission, upon the recom-
mendation of the Design Review Board, and upon receipt of a Certificate of Appropriate-
ness.
3.Interchange Zone. Signage may exceed the maximum total sign area permitted by '18.52.060,
BMC by up to 25 percent upon review and approval by the City Commission, upon the
recommendation of the appropriate design review advisory body, and upon receipt of a
Certificate of Appropriateness. Each lot shall be permitted one freestanding sign.
a.Low Profile Signs. One low profile sign per zoned lot. The maximum area for a low
profile sign shall be 40 square feet. The sign shall be setback a minimum of 5 feet
with a maximum height of 8 feet.
b.Pole-Style Signs. A pole-style freestanding sign shall be set back a minimum of 15
feet and will maintain at least an 8-foot minimum vertical clearance. Pole-style signs
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shall not exceed a total area of 40 square feet or 16 feet in height, provided how-
ever, that for every 2 feet said sign is set back from 15 feet beyond the street right-
of-way, the height measured at grade may be increased 1 foot, not to exceed a total
of 32 feet, and the area may be increased by 2.5 square feet for every 2 feet that said
sign is set back 15 feet beyond the street right-of-way up to a maximum of 120
square feet.
4.Main Street Historic District. Permits for signs that encroach into the public right-of-way
shall be obtained from the City Manager’s office in City Hall.
18.52.070 COMPREHENSIVE SIGN PLAN
A comprehensive sign plan shall be submitted for all commercial, office, industrial and civic uses consisting
of two or more tenant or occupant spaces on a lot or two or more lots subject to a common development
permit or plan. A comprehensive sign plan shall not be approved unless it is consistent with this chapter,
the underlying zoning regulations applicable to the property and any discretionary development permit or
plan for the property. The plan should include the size and location of buildings and the size and location
of existing and proposed signs. The purpose of the plan is to coordinate graphics and signs with building
design. The coordination shall be achieved by:
A. Using the same type of cabinet supports or method of mounting for signs of the same type; using
the same type of construction for components, such as sign copy, cabinet and supports; using
other types of integrating techniques, such as common color elements, determined appropriate by
the Planning Director.
B. Using the same form of illumination for all signs, or by using varied forms of illuminations deter-
mined compatible by the Planning Director.
18.52.080 MULTITENANT COMPLEXES WITH LESS THAN 100,000 SQUARE FEET OF
GROUND FLOOR AREA
The guidelines for the underlying zoning districts apply unless otherwise addressed below:
A. The maximum permitted wall sign area allowed for each tenant space shall be the percentage of
the total floor area on the zoned lot that the tenant occupies multiplied by the wall area allowed by
'18.52.060.A.2 or '18.52.060.B.2, BMC. If the lot has more than one building frontage, the indi-
vidual tenant space may derive sign area only from the frontage(s) which the space faces. Lots
under this section shall be allowed a low profile sign that identifies the complex, which otherwise
conforms to this chapter, in addition to the sign area already permitted under '18.52.060.A.2or
'18.52.060.B.2, BMC.
18.52.090 MULTITENANT COMPLEXES WITH MORE THAN 100,000 SQUARE FEET OF
GROUND FLOOR AREA
The guidelines for the underlying zoning districts apply unless otherwise addressed below,:
A.Freestanding Signs.
1.Pole-style Signs. One pole-style sign per street frontage not to exceed 48 square feet in area
or 16 feet in height. The sign area computed for a pole-style sign shall not be subtracted
from the maximum allowable wall signage permitted for the entire complex.
2.Low Profile Signs. One low profile sign shall be permitted at each secondary entrance of
the complex, provided each sign shall not exceed 32 square feet in area, not 5 feet in height,
and must be setback a minimum of 5 feet from the property lines. All low profile signs shall
52-6
only identify the complex and must display the street number address in figures which are
at least 6 inches high. Low profile signs complying with these regulations will not be fac-
tored when calculating the maximum permitted wall sign area.
B.Wall Signs. Each tenant shall be permitted wall signage square footage calculated from 1.5
times the linear store frontage.
18.52.100 INDOOR SHOPPING MALL COMPLEXES WITH MORE THAN 100,000 SQUARE
FEET OF GROUND FLOOR AREA
The guidelines for the underlying zoning districts apply unless otherwise addressed below:
A.Freestanding Signs.
l.Pole-style Signs. One pole-style sign per street frontage not to exceed 48 square feet in area
or 16 feet in height. The sign area computed for a pole-style sign shall not be subtracted
from the maximum allowable wall signage permitted for the entire complex.
2.Low Profile Signs. One low profile sign shall be permitted at each secondary entrance of
the complex, provided each sign shall not exceed 32 square feet in area, nor 5 feet in height,
and must be setback a minimum of 5 feet from the property lines. All low profile signs shall
only identify the complex and must display the street number address in figures which are
at least 6 inches high. Low profile signs complying with these regulations will not be fac-
tored when calculating the maximum permitted wall sign area.
B.Wall Signs. Each anchor tenant occupying 20,000 square feet or more shall be permitted 300 square
feet of wall signage. Each tenant with an exclusive outdoor customer entrance shall be permitted
wall signage square footage calculated from 5 percent of the ground floor area.
18.52.110 ILLUMINATION
A. Illumination, if any, shall be provided by artificial light which is constant in intensity and color.
Internally illuminated “can signs” are acceptable provided background and copy are coordinated
to avoid excessive light output. Neon and other gas type transformers shall be limited to 60 milli-
amperes and fluorescent transformers shall be limited to 800 milliamperes to soften light output.
Additionally, neon and other gas type signs with exposed tubing shall be equipped with dimmers.
B. Externally illuminated wall-mounted and pole signs shall be lighted by fixtures mounted at the top
of the sign and aimed downward; ground-mounted sign lighting may only be used for monument
style signs. Fixtures used to illuminate signs shall be aimed so as not to project their output beyond
the sign.
18.52.120 STREET VISION TRIANGLES
Signs shall not be placed in sight vision triangles as they are established in '18.44.100, BMC.
18.52.130 REQUIRED ADDRESS SIGNS
Street numbers shall be required for all residential, commercial, industrial, and civic uses in all zones,
consistent with the requirements of the Fire Department. All freestanding signs shall display the address
of the lot in 6-inch numbers.
18.52.140 BILLBOARDS
Off-premises commercial advertising signs are not permitted within the Bozeman City limits except as
permitted by state or federal law.
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18.52.150 SIGNS ERECTED IN CONJUNCTION WITH NONPROFIT ACTIVITIES ON
PUBLIC PROPERTY
Signs erected on public property in support of nonprofit activities, such as signs advertising sponsors of
youth and sports activities, shall be allowed only as follows:
A. The sign(s) shall be permitted only at developed facilities in public parks or other publicly owned
lands.
B. The sign(s) may be erected two weeks prior to the commencement of the activity and shall be
removed within two weeks after the cessation of the activity for which the sign(s) were erected.
C. Each individual sign shall be no larger than 32 square feet. Freestanding signs must be setback a
minimum of 15 feet from the property line with a maximum height of 5 feet. Signs attached to
walls or scoreboards shall not be subject to the 5 foot height limitation. However, signs attached to
walls or scoreboards shall not exceed the height of the wall or scoreboard to which they are at-
tached. All signs shall be oriented towards spectators attending the activity who are at the facility.
D. The sign(s) shall not:
1. Advertise alcoholic beverages or tobacco products;
2. Be individually illuminated; nor
3. Be placed in sight vision triangles or otherwise impede or obstruct the view of the traveling
public.
E. Applicants for such sign(s) must apply for, and have approved, a special temporary sign permit
detailing the nature of the sign(s) to be erected and the duration the sign(s) will remain in place.
Applications and review procedures shall be made as per '18.52.170, BMC.
18.52.160 HISTORIC OR CULTURALLY SIGNIFICANT SIGNS
Signs which have historical or cultural significance to the City but do not conform to the provisions of this
chapter, maybe permitted provided that the City Commission adopts findings supporting the historical or
cultural significance of the sign and issues a sign permit. Such findings shall be adopted by resolution of
the City Commission.
18.52.170 APPLICATION
An application for a sign shall be made on forms provided by the Planning Department. The application
shall contain sufficient information and plans to permit review pursuant to this chapter, including but not
limited to: building elevations; photographs; proposed locations of signs on building elevations; sign de-
sign layout showing number, types and dimensions of all signs; and a site plan showing proposed location
of all signs. An applicant may appeal the denial of permit request pursuant to the provisions of Chapter
18.66, BMC.
18.52.180 MAINTENANCE OF PERMITTED SIGNS
All signs shall be continuously maintained in a state of security, safety and repair. Abandoned signs and
sign support structures shall be removed. If any sign is found not to be so maintained, or is in need of
repair or has been abandoned, it shall be the duty of the owner and the occupant of the premises to repair
or remove the sign within fourteen calendar days after receiving written notice to do so from the Planning
Director. If the sign is not so repaired or removed within such time, the Planning Director shall cause the
sign to be removed at the expense of the owner of the premises.
52-8
18.52.190 NONCONFORMING SIGNS
A. The eventual elimination of existing signs that are not in conformity with the provisions of this
chapter is as important as the regulation of new signs. Except as otherwise provided herein, the
owner of any zone lot or other premises on which exists a sign that does not conform with the
requirements of this chapter and for which there is no prior, valid sign permit shall remove such
sign.
B. All signs which were legally permitted prior to June 22, 1997 are considered legal, permitted signs
under this chapter. Except as provided for in subsection C of this section, said sign, if noncon-
forming 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; or
4. Expanded, moved or relocated.
C. No legal, nonconforming sign may be altered or enlarged in any way which increases its noncon-
formity, but any existing signage, or portions thereof, may be altered by decreasing its nonconfor-
mity (except as provided in subsection D below).
D. Any lot with a nonconforming sign may not add additional signage until all signs on the lot are
brought into conformance with this chapter. Any site modification that requires a certificate of
appropriateness, site plan review or reuse application will necessitate compliance for all existing
and proposed signage on the lot.
E. Notwithstanding any other provision of this chapter, no sign shall be subject to any limitation
based on the content of the message contained on such sign. Any sign authorized in this chapter
may contain noncommercial copy in lieu of any other copy.
54-1
CHAPTER 18.54
TELECOMMUNICATIONS
18.54.010 INTENT, PURPOSE AND APPLICABILITY
A. It is the duty of the City to protect the public health, safety and welfare and the City has the
authority to regulate the placement, construction and modification of wireless facilities in the
advancement of that duty.
B. The City Commission finds that:
1. The aesthetic character of Bozeman is a matter of substantial economic importance and
general concern to the citizens of the City, as described in the City’s adopted growth policy,
and is an important part of the public welfare;
2. Wireless facilities are often visually obtrusive due to their necessary height, support equip-
ment and interruption of the viewscape, and can have substantial impacts on the character
of Bozeman and its surrounding viewsheds which negatively affect the character of the
City;
3. The impacts of wireless facilities can be reduced by establishing standards for location,
structural integrity, compatibility and co-location;
4. The City desires to promote co-location, use of stealth installations of wireless facilities
and the use of smaller and less intrusive facilities to minimize the need to construct new
large scale wireless facilities in order to reduce visual and other impacts on the community;
5. The City desires to provide clear and consistent regulations for review of proposed wire-
less facilities;
6. The City desires to support the ability of telecommunication service providers to deliver
such services to the community consistent with other community objectives;
7. The construction of new large scale wireless facilities is the action of last resort to provide
for wireless communication services and should only be undertaken when other alterna-
tives are not available;
8. It is necessary to determine the locations and circumstances most appropriate for place-
ment of wireless facilities to serve the community;
9. 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;
10. The City seeks to protect against potential health and safety hazards to citizens and pre-
vent damage to adjacent properties;
11. The City intends to exercise its authority with respect to the regulation of the placement,
construction and modification of wireless facilities, to the fullest extent permitted by appli-
cable law;
12. The City recognizes the need to respond to the policies in the Telecommunications Act of
1996 and has constructed its regulations in a manner that does not unreasonably discrimi-
nate between providers of functionally equivalent personal wireless service nor prohibits
or has the effect of prohibiting personal wireless service in the City;
54-2
13. The Federal Communication Commission exercises certain sole authority in the licensing
and other regulation of wireless services which the City of Bozeman recognizes;
14. The adequate review of a telecommunications application may require expertise not typi-
cally possessed by City staff which would require the City to obtain qualified outside exper-
tise to properly evaluate an application; and
15. Outside review would generate additional costs to the public to preserve the public interest
which costs must be mitigated and should properly be mitigated by those causing such
additional costs.
C.General Application. All uses listed in this chapter shall be subject to the specific standards de-
scribed for each use, in addition to all other applicable standards which may apply, and are limited
to those districts specified. The provisions of this chapter apply to development and modification
of large scale wireless facilities, micro-scale wireless facilities, nonbroadcast telecommunication
facilities and small scale wireless facilities. These and other terms are defined in Chapter 18.80,
BMC.
1. The provisions of this chapter only apply to facilities which meet the definition of a wire-
less facility or that are otherwise specifically brought under the authority of this chapter.
18.54.020 SPECIAL SUBMITTAL REQUIREMENTS
In addition to the materials required by Chapter 18.78, BMC for site plans, conditional use permits, and
planned unit developments, the materials required by '18.78.170, BMC shall be submitted.
18.54.030 USES WITHIN DISTRICTS AND REQUIRED REVIEW PROCEDURES
A.Purpose. The purpose of this section is to describe the procedures under which certain uses may
be permitted as principal or conditional uses in specific districts. Unless specifically exempted by
this chapter, all other standards and procedures of this title shall apply.
1. The Montana Subdivision and Platting Act (Title 76, Chapter 3, MCA) requires subdivision
review when land interests are created by rent or lease. Depending on how the ownership
and use of land for a facility subject to this chapter is established, subdivision review may
be required in addition to site plan review.
B. No wireless facility may be permitted except in accordance with the development review processes
indicated in the table below, based on the applicable zoning district and scope of the proposed
facility. Principal uses are indicated with a “P”, conditional uses are indicated with a “C”, accessory
uses are indicated with an “A”, planned unit development is indicated with a “PUD”, and uses
which are not permitted with the district are indicated by a “-”. All applications are subject to the
review processes, submittal requirements and other requirements of Chapters 18.34, 18.36 and
18.78 of this title as may be applicable.
54-3
1.Review Procedures.
Table 54-1
1Conditional use review is required when the proposed facility exceeds the height limitation of the district.
2. Co-location upon a previously approved wireless facility, when such additional facilities
were contemplated as part of the original review, shall be reviewed as a sketch plan in all
zones.
3. A wireless facility may be permitted as an accessory use in any nonresidential district when:
a. It is for the exclusive use of a single on-site business when the business has other-
wise been approved under Chapters 18.34 or 18.36, BMC, rather than offered to
additional parties;
b. It is in compliance with the maximum building height limitations of the zoning
district;
c. Complies with all setback and other zoning requirements; and
d. Has 8 or less square feet of total antenna surface area.
4. Installations located within the neighborhood conservation overlay or entryway corridor
overlay districts shall be reviewed against the criteria of Chapter 18.28 and Chapter 18.30,
BMC as applicable and shall require a certificate of appropriateness before issuance of a
building permit.
5. Prior to submitting an application for a large scale or small scale wireless facility, the appli-
cant must request in writing a pre-application conference with the Planning Department.
The purpose of the pre-application conference is to acquaint the participants with the
applicable requirements of this chapter, as well as any preliminary concerns of the Depart-
ment.
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2-B CC/P 1 AP
1-B CC/P 1 AP
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54-4
6. The applicant’s written request for a pre-application conference must include the following
information with regard to the proposed facility:
a. Location;
b. Overall height;
c. Number of antennas proposed, including those of other providers to be collo-
cated;
d. Type(s) of wireless communication services to be provided; and
e. Coordination of ground equipment shelters.
7. Adequate review of applications may require the City to retain consultants or other third
party assistance to review an application. In such event the applicant shall reimburse the
City for the actual costs incurred prior to issuance of a building permit.
8. The provisions of Chapter 18.60, BMC shall apply for all nonconforming facilities subject
to this chapter.
18.54.040 STANDARDS
A.Safety. All wireless facilities subject to this chapter shall met the following standards:
1. The structural design for all wireless facilities greater than 10 feet in height or which have
more than 4 square feet of total antenna area shall be certified by a professional structural
engineer licensed to practice in the State of Montana. A building permit shall be obtained
prior to the installation of any facility subject to this chapter.
2. All wireless facilities shall meet or exceed current standards and regulations of the FCC,
FAA and any other agency with the authority to regulate wireless facilities. If such stan-
dards are changed, the owner shall modify the installation to comply with the new stan-
dards within six months of the effective date of the new standards or regulations unless a
different implementation schedule is required by the issuing agency.
3. Wireless facilities with a base located at grade shall be enclosed within a secure fence not
less than 6 feet in height or the tower itself shall be equipped with an appropriate anti-
climbing device.
B.Aesthetics.
1.All Wireless Facilities.
a. The provisions of this section may be waived by the approval body as determined
by Chapter 18.34, BMC where it has been demonstrated that the waiver will result
in superior compliance with the intent and purposes of this title.
b. All installations shall be as visually unobtrusive as is feasible. Facilities and equip-
ment mounted on existing structures shall be visually incorporated into the struc-
ture or background by the use of architectural elements, color, screening or other
methods.
c. No lighted signage is permitted.
d. All structures shall be constructed in conformance with the standards of the City’s
adopted International Building Code.
e. Visual screening of ground mounted equipment shall be provided in all residential
areas and where a facility is located within a nonresidential area which is visible,
54-5
from a viewpoint 5 feet above grade, from a residential area. Screening shall pro-
vide an opaque screen within eighteen months of establishment and be a minimum
of 4 feet in height. The screening may be of landscape materials or a fence which
otherwise complies with this title. The site shall comply with the landscaping pro-
visions of Chapter 18.48, BMC.
f. Exterior facade materials and the character of equipment shelters used in residen-
tial areas shall be of materials commonly used in the immediate area. The architec-
tural design of the exterior of the shelter shall be compatible with surrounding
residential structures. The intent of the requirements of this paragraph may be met
by providing opaque fencing or other visual screening compatible with the neigh-
borhood, in compliance with all other sections of this title, which will obscure the
entire equipment shelter. The screening shall be in place prior to the commence-
ment of operations of the facility.
2.Preferences. In order to justify the construction of a wireless structure, the applicant must
demonstrate that higher ranking alternatives in the following hierarchy, beginning with 2.a
(1), do not constitute feasible alternatives. The order of preference, from most preferred to
least preferred and based on technical feasibility, for new wireless facilities is:
a.Facility Size.
(1) Micro-scale wireless facilities or co-location on existing large scale wireless
facilities;
(2) Small scale wireless facilities;
(3) Large scale wireless facilities 50 feet or less in height; and
(4) Large scale wireless facilities in excess of 50 feet in height.
b. A facility meeting the definition of stealth, as defined in Chapter 18.80, BMC, is
always preferred over a facility of the same scope which does not meet the defini-
tion of stealth. Stealth facilities may be required in historic districts and other cir-
cumstances.
c. As appropriate, the following evidence may also be submitted to demonstrate com-
pliance with this section:
(1) That no existing wireless communications facility within the search area
meets the applicant’s radio frequency engineering or height requirements;
(2) That no structure within the search area has sufficient structural strength
to support the applicant’s proposed antennas; or
(3) That there are other verifiable limiting factors that render collocated or
other more preferred options unsuitable or unreasonable.
d. Self-supporting lattice or guyed structures are generally preferred over monopoles.
3.Special Standards. The following special standards apply as shown in the table below:
a. Stealth installation is required;
b. Wireless facilities are exempt from the height limitations of '18.64.080, BMC, but
are subject to the height limitations of '18.54.040, BMC.
c. The height limitation of the district may be exceeded by the least amount necessary
to provide services but only when service may not otherwise be provided by a less
intensive facility or an alternative site; and
54-6
Table 54-2
d. Only allowed when service may not be provided from an alternative site or a less
intensive installation or set of installations.
4.Stealth.
a. Installations located within the conservation overlay district shall be stealth facili-
ties.
b. A stealth wireless facility may exceed the height limitations of the district by 10
feet.
5.Small Scale Wireless Facilities. All small scale wireless facilities established in the neighbor-
hood conservation or entryway corridor 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.
6.Large Scale Wireless Facilities. No large scale wireless facility will be permitted unless the
applicant demonstrates that the proposed facility can not be accommodated on an existing
structure or by placement of a smaller facility. In order to justify the construction of a
large-scale wireless facility, the applicant must demonstrate that higher ranking alternatives
in the hierarchy, beginning with subsection 18.54.040.B.2.a(1) of this chapter, do not con-
stitute feasible alternatives. Such demonstration must be made by submission of a state-
ment of position, qualifications and experience by a licensed radio frequency engineer and
address the required findings of this section.
a. If co-location is feasible, the owner of the large scale wireless facility shall certify in
writing, prior to final permit approval, that the owner will accept for co-location
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ILPbbb-
2-Mbbb-
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1-Bcc,ab-
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54-7
any FCC licensed or licensing exempt wireless communication provider using com-
patible technology at reasonable and customary rates and terms up to the struc-
tural capacity to accommodate additional antennae. Co-location may be denied
based on verifiable and substantial expectations of interference from additional
users. Later failure to comply with the requirements supporting co-location may
result in the revocation of City approvals or other penalties provided by the mu-
nicipal code as the requirements of the title will have been violated.
b. The City shall find the proposed guarantee, assurances or provisions for the per-
petual maintenance and for removal of an abandoned large scale wireless facility
to be adequate.
c. A large scale wireless facility shall not either:
(1) Exceed 190 feet in height; or
(2) When located east of the alignment of Church Avenue/Sourdough Road
and west of the extended alignment of Bozeman Trail Road/Arnica Drive;
(a) Exceed 100 feet in height when its base elevation is greater than
4,800;
(b) Exceed 40 feet in height when its base elevation is above 4,850
elevation;
(c) Notwithstanding the provisions of subsections (a) and (b) above,
these restrictions shall not apply for those areas lying east of the
extended alignment of Bozeman Trail Road/Arnica Drive and south
of Interstate 90.
d. Where multiple service providers will be utilizing the same ground area and/or
support structure, a single structure shall be provided to house all ground based
equipment.
e. Special setbacks for large scale wireless facilities shall be provided and/or a design
for internal structural collapse to avoid damage or injury to adjoining property or
users shall be provided.
(1) Residential district setbacks for a large scale wireless facility shall be 100
percent of facility height which may be reduced to no less than 50 percent
upon the provision and approval of an engineered design, stamped by a
professional structural engineer licensed to practice in the State of Mon-
tana, establishing a smaller collapse area.
(2) A large scale wireless facility in nonresidential zones shall provide a mini-
mum setback from the property lines of 75 percent of facility height which
may be reduced to no less than 30 percent of facility height upon the pro-
vision and approval of an engineered design, stamped by a professional
structural engineer licensed to practice in the State of Montana, establish-
ing a smaller collapse area. Large scale wireless facilities located within
nonresidential zones, but adjacent to a residential zone or residentially de-
veloped areas, shall maintain a minimum setback from residential zoning or
property boundaries of at least 50 percent of facility height. All installa-
tions shall maintain the minimum zoning district setbacks including special
setbacks for entryway corridors.
f. New large scale wireless facilities greater than 50 feet in height shall be designed in
all respects to accommodate both the applicant’s antennae and antennae for at least
54-8
two other additional users. A new large scale wireless facility may meet this re-
quirement 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 large scale wireless facility . This
requirement may be waived by the governing body upon a showing of fact to
overcome the presumption that multiple transmitters are desirable on the proposed
facility.
g. All large scale wireless facilities 50 feet or greater in height, regardless of the zon-
ing district in which the structure is located, shall be located at least one mile,
measured in a straight line, from any other large scale wireless facility that is 50 feet
or greater in height. An exception to this requirement may be granted by the ap-
proval body when it is found and factually supported in the written record that the
criteria of subsection (i) below are met and a critical need exists for the proposed
location, or that a closer placement is desirable to advance the intent of this chap-
ter and title.
h. A large scale wireless facility greater than 50 feet in height shall only be approved
when the applicant can demonstrate in writing that no existing or approved micro-
scale, small scale or large scale wireless facility within the required separation dis-
tance of the proposed site can accommodate the applicant’s proposed antenna.
i. In addition to the other review criteria of this title, affirmative findings for at least
one of the following items must be made in order for the conditions necessary for
approval to exist:
(1) No existing or proposed structures adequate to support the proposed an-
tennae are located within the geographic area required to met the applicant’s
engineering and service requirements;
(2) Existing or approved structures are not of sufficient height to meet the
applicant’s engineering and service requirements and a combination of
smaller scale facilities will not provide for adequate service delivery;
(3) Existing or approved structures do not have sufficient structural strength
to support the applicant’s proposed antenna and related equipment and
can not be reinforced to provide sufficient structural strength;
(4) The applicant’s proposed antennae would cause electromagnetic interfer-
ence with the antenna on the existing or approved antenna support struc-
tures, or the antenna on the existing or approved antenna support struc-
tures would cause interference with the applicant’s proposed antenna;
(5) Property owners or owners of existing or approved wireless facilities or
locations for smaller scale installations are unwilling to accommodate the
applicant’s needs; or
(6) The applicant demonstrates that there are other factual and verifiable limit-
ing factors that render existing or approved wireless facilities unsuitable.
j.Height and Number of Users. A large scale wireless facility may be reviewed as a
multiple phase project and be constructed over time as provided for in subsection
18.54.040.B of this chapter. Prior to the approval of a final site plan, or a building
permit if it be a latter phase of a phased project, an applicant shall provide:
54-9
(1) For the first 70 feet of tower height, for an applicant who is not themselves
a wireless service provider, a copy of an executed lease from a wireless
service provider of not less than 12 months duration;
(2) For a height of greater than 70 feet and not more than 110 feet of structure
height, one additional executed lease;
(3) For a height greater than 110 feet, one additional executed lease;
(4) Leases may be redacted to remove proprietary information but shall iden-
tify the parties.
7.Nonbroadcast. A nonbroadcast telecommunication facility located within an entryway over-
lay district, the neighborhood conservation overlay district or a residential zoning district
shall be enclosed within a structure. The structure shall be of materials and architectural
character which are compatible with the adjacent properties. The facility shall comply with
all applicable side, front and rear yard setbacks.
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 informa-
tion with other applicants or interested parties to encourage co-location.
2. The public land and agencies exemption from full compliance with zoning in '76-2-402,
MCA does not apply to private entities utilizing publicly owned lands.
3. Any antennae or antenna support structures that are not utilized for the provision of wire-
less services for a continuous period of six months shall be considered abandoned. All
facilities shall be removed within six months of the cessation of operations. If a facility is
not removed within six months the City shall remove the facility at the facility or landowner’s
expense. Where multiple users share a facility, the non-operational antennae and associ-
ated ground mounted equipment 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
'18.38.070.H, BMC, Noise.
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 com-
pleted.
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 facility or landowner’s expense.
7. Any modifications to existing wireless sites may only occur in compliance with the review
procedures required in '18.54.030, BMC.
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.
54-10
56-1
CHAPTER 18.56
BOZEMAN WETLAND REGULATIONS
18.56.010 TITLE
These regulations shall be known as the Bozeman wetland regulations and may be cited as the wetlands
regulations.
18.56.020 INTENT AND PURPOSE
A. Wetlands perform many important ecological functions. It is the intent and purpose of this chap-
ter to protect, preserve and enhance wetlands to provide the following functions:
1. Aquifer recharge;
2. Water storage;
3. Regional stream hydrology (discharge and recharge);
4. Flood control and storage;
5. Sediment control (filter for waste);
6. Nutrient removal from urban runoff; and
7. Erosion control.
B. Wetlands provide important values that enhance the quality of life of community residents. It is
the intent of this chapter to protect, preserve and enhance wetlands to provide the following
values:
1. Habitat for fish, wildlife and plants (including endangered and threatened);
2. Recreation;
3. Open space;
4. Visual and aesthetic;
5. Education and research; and
6. Historical, cultural and archeological resources.
C. Wetlands can present significant constraints to development. Wetlands typically form in areas
characterized by poor drainage conditions which are ill-suited for most types of development.
Development in these areas often involves extra expense resulting from considerations for site
drainage, flood protection and facility maintenance. In addition, wetlands are characterized by
hydric soils that are unstable for most types of development. Hydric soils tend to compress under
the weight of structures and decompose when drained. Therefore, costs of development may be
greater due to complex engineering design requirements, or the need to excavate and replace the
soils. It is the intent of these regulations to protect public and private facilities and structures from
damage, and to minimize public and private development and maintenance costs.
D. It is not the intent of this chapter to prohibit all activities within regulated areas, but rather to
encourage the avoidance of regulated activities within the regulated areas and to require best man-
agement practices in regulated areas.
E. Nothing in this chapter shall be construed to prevent irrigation companies from diverting and
carrying water under historic water rights or owners of such rights from exercising those historic
rights.
56-2
F. Nothing in this chapter shall be construed to prevent compliance with applicable state or federal
statutes and regulations.
18.56.030 APPLICATION OF WETLAND REGULATIONS
A. These regulations shall apply to any regulated activity which may impact wetlands as indicated on
the Bozeman Area Wetland Map or discovered through the development review process, and veri-
fied through a site-specific wetlands boundary determination. When any regulated activity is pro-
posed, and the Bozeman Area Wetland Map indicates that wetlands are present on the subject tract
or if wetlands are discovered through the development review process, a wetlands boundary deter-
mination shall be conducted. If the determination finds that there are no wetlands present on the
subject tract, these regulations shall not apply. If, however, wetlands are found on the subject tract
the proposal shall be subject to these regulations. The provisions of this chapter shall be applied
in addition to any other applicable regulations of this title.
1. The wetlands boundary determination shall be prepared in accordance with the Federal
Manual for Identifying and Delineating Jurisdictional Wetlands (January, 1987).
B. Isolated wetlands with a size of less than 400 square feet, regardless of property boundaries, are
exempt from this chapter unless the wetland provides habitat for the following species:
1. Plant, animal or other wildlife species listed as threatened or endangered by the United
States Fish and Wildlife Service; and/or
2. Plant, animal or other wildlife species listed as a Species of Concern, Species of Potential
Concern, or Species on Review by the Montana Department of Fish, Wildlife and Parks
and the Montana Natural Heritage Program.
C. Any development for which the watercourse setback requirements of '18.42.100, BMC are pro-
vided is considered to have addressed the concerns of this chapter and is exempt from this chapter.
D. Any activity for which the US Army Corps of Engineers has issued a permit in accordance with
Section 404 of the Clean Water Act is considered to have addressed the concerns of this chapter
and is exempt from this chapter, unless the Section 404 permit was issued under the authority of
Nationwide Permit 12, 23, 29, 39, 40, 41, 42, 43 or 44.
E. This chapter is not intended to repeal, abrogate, supersede or impair any existing federal, state, or
local law, easement, covenant or deed restriction. However, if this chapter imposes greater or
more stringent restrictions, the provisions of this chapter shall prevail. Specifically, if a regulated
activity pursuant to this chapter also requires authorization under Section 404 of the Clean Water
Act from the US Army Corps of Engineers, the applicant shall meet any greater or more stringent
restrictions set forth in this chapter in addition to and independent of the restrictions of such
permit.
18.56.040 WETLANDS REVIEW BOARD POWERS AND DUTIES
In addition to the duties established by Chapter 18.62, BMC, the WRB shall have the following powers and
duties:
A. Prepare functional assessments for wetlands that may be impacted by regulated activities;
B. Based on wetland functional assessments and other submittal materials, make recommendations to
the Planning Director or City Commission to allow or disallow the regulated activity;
C. Recommend to the Planning Director or City Commission appropriate wetland buffer widths based
on the functional assessment and other submittal materials;
56-3
D. Recommend to the Planning Director or City Commission additional conditions on regulated
activities that are reasonably necessary to carry out the purpose and intent of this chapter;
E. Provide assistance to applicants to design developments that minimize impacts to wetlands; and
F. Testify before all boards, commissions and agencies on any matter affecting wetlands.
18.56.050 WETLANDS MAPPING
A. The Bozeman Area Wetlands Map shall be adopted by resolution and shall be used to implement
this chapter.
B. The Bozeman Area Wetlands Map may be amended by resolution by means of the performance of
a wetland boundary determination. Wetland boundary determinations shall be performed in ac-
cordance with the procedures specified in the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands (January, 1987).
1. A CD-ROM containing the wetland boundary determination and raw survey data (if appli-
cable) shall be provided for use in amending the Bozeman Area Wetland Map. The data
shall be reported in UTM Zone 12 coordinates and NAD83 datum.
C. Prior to annexation, boundary determinations shall be prepared for all wetlands on the property to
be annexed.
18.56.060 REGULATED ACTIVITIES
A. No person shall conduct any of the following regulated activities within a regulated wetland area,
as described in '18.56.030 of this chapter, without first having the proposed activity reviewed by
the WRB and approved by the Planning Director or City Commission as appropriate. Any activity
in a regulated area which reduces the size of a wetland or reduces the degree to which a wetland
performs any function is subject to the requirements of this chapter, including but not limited to:
1. Placement of any material, including without limitation any soil, sand, gravel, mineral,
aggregate, organic material or water;
2. Construction, installation or placement of any obstruction or the erection of a building or
structure;
3. Removal, excavation or dredging of solid material of any kind, including without limitation
any soil, sand, gravel, mineral, aggregate or organic material;
4. Removal of any existing vegetation or any activity which will cause any loss of vegetation
in a wetland;
5. Alteration of the water level or water table by any means, including without limitation
draining, ditching, trenching, impounding or pumping; and
6. Disturbance of existing surface drainage characteristics, sedimentation patterns, flow pat-
terns, or flood retention characteristics by any means, including without limitation grading
and alteration of existing topography.
B. The following activities are permissible in a regulated wetland area, without review by the WRB
and approval by the Planning Director or City Commission, if they do not reduce the size of a
wetland or significantly reduce the degree to which a wetland performs any function:
1. Maintenance of an existing and lawful public or private road, structure or facility, including
but not limited to drainage facilities, water conveyance structures, dams, fences or trails, or
56-4
any facility used to provide transportation, electric, gas, water, telephone, telecommunica-
tions or other services provided that these activities do not materially change or enlarge any
road, structure or facility;
2. Maintenance of an existing farm or stock pond, irrigation ditch, agricultural fence or drain-
age system;
3. Weed control consistent with a Noxious Weed Management and Revegetation Plan ap-
proved by the Gallatin County Weed Control District;
4. Continuation of existing agricultural practices such as the cultivation and harvesting of hay
or pasturing of livestock, or change of agricultural practices which has no greater impact
on wetland function;
5. Conservation or preservation of soil, water, vegetation, fish and other wildlife;
6. Outdoor recreational activities, such as fishing, birdwatching, hiking, rafting and swimming
which do not harm or disturb the wetland;
7. The harvesting of wild crops;
8. Education and scientific research;
9. Minor improvements and landscape maintenance within a required wetland buffer but
outside the boundaries of a delineated wetland, including but not limited to the pruning of
trees, mowing of grass, and removal of dead vegetation and debris; and
10. Activities in a wetland set forth in '18.56.090 of this chapter, including but not limited to
removal of debris and maintenance of vegetation and wildlife habitat.
18.56.070 APPLICATION REQUIREMENTS AND PROCEDURES FOR REGULATED AC-
TIVITIES IN REGULATED WETLAND AREAS
A.Review. All proposals for regulated activities in regulated wetland areas shall be reviewed by the
WRB. The WRB shall prepare a functional assessment for all reviewed regulated wetland areas.
Based on the prepared functional assessment and other submittal materials, the WRB shall forward
a recommendation of approval, conditional approval or denial to the Planning Director or City
Commission.
B.Approval. All proposals for regulated activities in regulated wetland areas shall be reviewed and
approved or conditionally approved by the Planning Director or the City Commission in accor-
dance with Chapters 18.06, 18.08, 18.34 and 18.36, BMC prior to commencement of the regulated
activity.
1. If a regulated activity is proposed for a regulated wetland area, but the regulated activity is
not proposed in conjunction with a land development proposal, the applicant shall submit
a sketch plan application for review and recommendation by the WRB, and review and
approval by the Planning Director.
C.Submittal materials. The information required in '18.78.130, BMC shall be submitted for all regu-
lated activities proposed for regulated wetland areas.
D.Noticing. The review of regulated activities proposed for regulated wetland areas shall comply
with the noticing requirements of Chapter 18.76, BMC.
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18.56.080 REVIEW STANDARDS
The Planning Director or City Commission may approve, conditionally approve or deny a regulated activ-
ity in a regulated wetland area based on a recommendation from the WRB, and if:
A. The applicant has demonstrated that all adverse impacts on a wetland have been avoided; or
B. The applicant has demonstrated that any adverse impact on a wetland has been minimized; the
activity will result in minimal impact or impairment to any wetland function, and the activity will
not result in an adverse modification of habitats for, or jeopardize the continued existence of, the
following:
1. Plant, animal or other wildlife species listed as threatened or endangered by the United
States Fish and Wildlife Service; and/or
2. Plant, animal or other wildlife species listed as a Species of Concern, Species of Potential
Concern, or Species on Review by the Montana Department of Fish, Wildlife and Parks
and the Montana Natural Heritage Program; or
C. The applicant has demonstrated that the project is in the public interest, considering:
1. The extent of the public need for the proposed regulated activity;
2. The functional values of the wetland that may be affected by the proposed regulated activ-
ity;
3. The extent and permanence of the adverse effects of the regulated activity on the wetland;
4. The cumulative adverse effects of past activities on the wetland; and
5. The uniqueness or scarcity of the wetland that may be effected.
18.56.090 WETLAND PERMIT CONDITIONS
The WRB may recommend conditions of approval for proposed regulated activities, and the Planning
Director or City Commission may conditionally approve proposed regulated activities, subject to the fol-
lowing conditions:
1. Requiring the provision of a wetland buffer of a size appropriate for the particular pro-
posed activity and the particular regulated wetland area;
2. Requiring that structures be elevated on piles and otherwise protected against natural haz-
ards;
3. Modifying waste disposal and water supply facilities;
4. Requiring deed restrictions or covenants regarding the future use and subdivision of lands,
including but not limited to the preservation of undeveloped areas as open space and
restrictions on vegetation removal;
5. Restricting the use of an area, which may be greater than the regulated wetland area;
6. Requiring erosion control and stormwater management measures;
7. Clustering structures or development;
8. Restricting fill, deposit of soil and other activities which may be detrimental to a wetland;
9. Modifying the project design to ensure continued water supply to the regulated wetland;
and
10. Requiring or restricting maintenance of a regulated wetland area for the purpose of main-
taining wetland functions.
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18.56.100 APPEALS
Depending upon the application procedure involved, decisions related to the approval or denial of regu-
lated activities proposed for regulated wetland areas may be appealed in accordance with the provisions of
Chapter 18.66, BMC.
18.56.110 ENFORCEMENT
This chapter shall be enforced in accordance with the provisions contained in Chapter 18.64, BMC.
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CHAPTER 18.58
FLOODPLAIN REGULATIONS
18.58.010 TITLE
These regulations shall be known and cited as the Bozeman floodplain regulations. This chapter is in
accordance with the authority of the laws of the State of Montana exercised by the City, and other author-
ity as may be possessed by the City of Bozeman.
18.58.020 PURPOSE
This title has established regulations to prohibit development within floodplains in order to protect public
health and safety, safeguard water quality, provide for wildlife habitat and accomplish other public pur-
poses. However, there are certain limited circumstances where development within the floodplain either
currently exists or may be permitted from time to time to advance a public purpose. This chapter provides
standards which must be met in order to promote the public health, safety and general welfare, to minimize
flood losses in areas subject to flood hazards, and to promote wise use of the floodplain when those
limited circumstances occur. This chapter has been established with the following purposes intended:
A. To guide development of the 100-year floodplain within the Bozeman City limits consistent with
the enumerated findings by:
1. Establishing zoning regulations coincident with and applicable to those areas at risk of
flooding with special requirements and regulations to protect the public welfare;
2. Recognizing the right and need of water courses to periodically carry more than the nor-
mal flow of water;
3. Participating in coordinated efforts of federal, state and local management activities for
100-year floodplains;
4. Ensuring the regulations and minimum standards adopted, insofar as possible, balance the
greatest public good with the least private injury; and
5. Carry out the provisions of this chapter in a fashion consistent with the remainder of this
title and the public policies set forth in the City’s growth policy consistent with the author-
ity of Title 76, Chapter 5, Part 3, MCA.
B. Specifically, it is the purpose of this chapter to:
1. Restrict or prohibit uses that are dangerous to health, safety and property in times of flood,
or that cause increased flood heights and velocities;
2. Require that uses vulnerable to floods, including public facilities, be provided with flood
protection at the time of initial construction;
3. Identify lands unsuitable for certain development purposes because of flood hazards;
4. Minimize the need for rescue and relief efforts associated with flooding undertaken at the
expense of the general public;
5. Ensure that potential buyers are notified that property is within a 100-year floodplain and
subject to the provisions of these regulations;
6. Ensure that those who occupy 100-year floodplains assume responsibility for their actions;
and
7. Protect water quality and persons and property located downstream.
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18.58.030 JURISDICTIONAL AREA
This chapter shall apply to all lands within the boundaries of the City of Bozeman, State of Montana,
shown on the official floodplain maps, including any amendments or revisions, as being located within a
100-year floodplain district or that may otherwise be identified as lying within a 100-year floodplain through
additional floodplain delineation, engineering analysis, topographic survey, or other objective and factual
basis.
18.58.040 FLOODPLAIN REGULATION ESTABLISHMENT AND APPLICABILITY
These floodplain regulations are hereby established and are applicable in all areas defined by the base flood
elevations and 100-year floodplains as delineated in the Flood Insurance Study, or other means specified in
'18.58.030, BMC. The basis for the Flood Insurance Study is a scientific and engineering report entitled
The Flood Insurance Study for the City of Bozeman, Montana, dated July 15, 1988, with accompanying
Flood Insurance Rate Maps and Flood Boundary/Floodway Maps. The official floodplain maps, together
with the Flood Insurance Study are on file in the office of the City Floodplain Administrator. The flood-
plain regulations are hereby established in all areas subject to flooding. Depiction on the official zoning
map of the City is not required for this district.
18.58.050 ABROGATION AND GREATER RESPONSIBILITY
It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, deed
restrictions, or underlying zoning. However, where this chapter imposes greater restrictions, the provisions
of this chapter shall prevail.
18.58.060 FLOODPLAIN ADMINISTRATOR
The City Floodplain Administrator has been designated to be the City Engineer. The responsibilities of
this position are outlined in '18.58.130, BMC.
18.58.070 REGULATION INTERPRETATION
The interpretation and application of the provisions of these regulations shall be considered minimum
requirements and liberally construed in favor of the governing body and not deemed a limitation or repeal
of any other powers granted by state statute or self-government status.
18.58.080 COMPLIANCE WITH REGULATIONS
No structure or land use shall be located, extended, converted or structurally altered without full compli-
ance with the provisions of this title, these specific regulations, and other applicable regulations. These
regulations meet or exceed the minimum floodplain development requirements as set forth by the Mon-
tana Board of Natural Resources and Conservation and the National Flood Insurance Program.
18.58.090 FLOOD HAZARD EVALUATION
A.General. Land subject to being flooded by a flood of 100-year frequency as defined by Title 76,
Chapter 5, MCA, or land deemed to be subject to flooding by the City of Bozeman, shall not be
subdivided or developed for building or residential purposes, or other uses that may increase or
aggravate flood hazards to life, health or welfare, or that may be prohibited by state or local flood-
plain or floodway regulations.
B.Requirement for Study.
1. If any portion of a proposed subdivision or other development is:
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a. Within 1,000 horizontal feet and less than 10 vertical feet of a watercourse draining
an area of 25 square miles or more; and
b. No official floodplain or floodway delineation study of the watercourse has been
made; then
c. The subdivider or other developer shall provide a floodplain analysis report estab-
lishing the calculated 100-year frequency water surface elevations and 100-year flood-
plain boundaries. The analysis and report shall be prepared by a licensed profes-
sional engineer qualified in this field of work.
2. If any portion of a proposed subdivision or other development is:
a. Within 1,000 horizontal feet and less than 10 vertical feet of a watercourse draining
an area less than 25 square miles; and
b. No official floodplain or floodway delineation study of the watercourse has been
made; then
c. The subdivider or other developer shall:
(1) Demonstrate to the satisfaction of the City Engineering Department that
the 100-year peak runoff of the watercourse will not affect the subdivi-
sion; or
(2) Delineate the existing and proposed 100-year flood limits of the stream or
streams within 1,000 feet of the proposed subdivision and specify any miti-
gation that may be required to protect the proposed subdivision and adja-
cent properties from potential flooding and erosion damage due to any
proposed changes within the delineated flood limits.
d. The developer’s professional engineer, licensed in the State of Montana, shall pro-
vide written certification to the City that the mapped flood locations and proposed
mitigation shall protect against damage by the 100-year flood.
3.Submission of Report. The report shall be submitted at the time of preliminary plat or
plan application. The report may be submitted, upon the request of the City Commission
or Development Review Committee, to the Floodplain Management Section, Water Re-
sources Division, Montana Department of Natural Resources and Conservation, for re-
view and concurrence.
4.Contents of Report. The required report shall include the following information:
a.Certification. Certification of the report by a registered professional engineer.
b.Overall Plan View. An overall scaled plan view (project map) with identified scale
for vertical and horizontal distance showing the following:
(1) Watercourse;
(2) Floodplain boundaries;
(3) Location of property;
(4) Contours;
(5) Cross sections;
(6) Bridges or other constrictions in the floodplain; and
(7) USGS gauging stations (if any).
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c.Benchmark(s). The location and elevation of a temporary benchmark(s) estab-
lished within the subdivision and referenced to mean sea level with appropriate
elevation adjustment.
d.Cross Sectional Information.
(1) Cross sections shall follow the applicable guidelines established by the
Montana Department of Natural Resource Conservation. If applicable
guidelines are not available, cross section information shall be as follows:
(a) Cross section elevations and stations should be determined at points
representing significant breaks in ground slope and at changes in
the hydraulic characteristics of the floodplain (e.g., points where
ground cover, soil or rock conditions change). Elevations must be
reported in NAVD88 or NGVD29 datum.
(b) Each cross section shall cross the entire floodplain. The cross sec-
tion alignment should be perpendicular to the general flow of the
watercourse, the slope of the channel and the hydraulic character-
istics of the reach. A minimum of four cross sections are required
over the entire reach with at least two cross sections at the property
where the elevations are desired. Additional cross sections must be
taken at bridges, control structures or natural constrictions in to-
pography.
(2) Photogrammetric methods may be used in lieu of cross sections whenever
appropriate and when reviewed and approved by the City Engineer.
e.Bridges. Descriptions and sketches of all bridges within the reach, showing unob-
structed waterway openings and elevations.
f.Water Surface. Elevations of the water surface determined by survey as part of
each valley cross section.
g.Supporting Documentation. Engineering report of computer computations, cal-
culations and assumptions that may include:
(1) Hydrology (research of published hydrology or calculations showing how
hydrology was derived);
(2) Input files (hard copy and on diskette or CD-ROM); and
(3) Output files (hard copy and on diskettes or CD-ROM).
C.Waiver of Requirement. The City Engineer may waive this requirement where the subdivider
contacts the Water Resources Division, Montana Department of Natural Resources and Con-
servation, and that agency states in writing that the data indicate that the proposed subdivision is
not in the flood hazard area as defined in this chapter.
18.58.100 RULES FOR INTERPRETATION OF FLOODPLAIN DISTRICT BOUNDARIES
The boundaries of the 100-year floodway shall be determined by scaling distances on the official flood-
plain maps and using the floodway data table contained in the flood insurance study report. The maps may
be used as a guide for determining the 100-year floodplain boundary, but the exact location of the flood-
plain boundary shall be determined where the base flood elevation intersects the natural ground. The
floodplain administrator may require an on-site survey and staking of the floodplain boundary prior to
issuance of any permit or any development undertaken following issuance of a permit.
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18.58.110 WARNING AND DISCLAIMER OF LIABILITY
This chapter does not imply that areas outside the delineated floodplain boundaries or permitted land uses
will always be totally free from flooding or flood damages. These regulations shall not create a liability or
cause of action against the City or any officer or employee thereof for flood damages that may result from
reliance upon these regulations.
18.58.120 DISCLOSURE PROVISION
All owners of property in an identified 100-year floodplain as indicated on the official floodplain maps
must notify potential buyers or their agents that such property is subject to the provisions of this chapter.
18.58.130 ADMINISTRATION OF REGULATIONS
A. As provided in '18.58.060, BMC, the City Floodplain Administrator has been designated by the
City Commission, and has the responsibility of such position as outlined in this chapter.
B. Section 18.42.100, BMC has established a public policy to avoid development within floodplains,
along with certain exceptions. The administration of these regulations shall be done in a fashion
consistent with both the letter and spirit of that section.
C. The City Floodplain Administrator is appointed with the authority to review floodplain develop-
ment permit applications, proposed uses and construction to determine compliance with these
regulations. The City Floodplain Administrator is required to assure all necessary permits have
been received from those governmental agencies from which approval is required by federal and
state law and local codes, including Section 404 of the Federal Water Pollution Control Act of
1972, 33 USC 1334, and under the provisions of the Natural Streambed and Land Preservation
Act.
1.Additional Factors. Floodplain development permits shall be granted or denied by the City
Floodplain Administrator on the basis of whether the proposed establishment, alteration
or substantial improvement of an artificial obstruction meets the requirements of this
chapter and other requirements of this title. Additional factors that shall be considered for
every permit application are:
a. The danger to life and property due to increased flood heights, increased flood
water velocities or alterations in the pattern of flood flow caused by encroach-
ments;
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;
58-6
i. The relationship of the proposed use to the growth policy and floodplain manage-
ment program for the area;
j. The safety of access to property in times of flooding or for ordinary and emer-
gency services; and
k. Such other factors as are in harmony with the purposes of this title, these regula-
tions, the Montana Floodplain and Floodway Management Act and the National
Flood Insurance Program.
C. A floodplain development permit application is considered to have been automatically granted 60
days after the date of receipt of the application by the City Floodplain Administrator unless the
applicant has been notified that the permit is denied, conditionally approved or additional informa-
tion pertinent to the permit review process is required. A floodplain permit shall not act as a waiver
or variance from the other requirements of this title.
D. The City Floodplain Administrator shall adopt such administrative procedures as may be necessary
to efficiently administer the provision of these regulations.
E. The City Floodplain Administrator shall maintain such files and records as may be necessary to
document nonconforming uses, base flood elevations, floodproofing and elevation certifications,
fee receipts, the issuance of permits, agenda, minutes, records of public meetings, and any other
matters related to floodplain management in the City of Bozeman. Such files and records shall be
open for public inspection. In matters of litigation, the City Attorney may restrict access to specific
records.
F. The City Floodplain Administrator may require whatever additional information is necessary to
determine whether the proposed activity meets the requirements of these regulations. Additional
information may include hydraulic calculations assessing the impact on base flood elevations or
velocities, level survey or certification by a registered land surveyor, professional engineer or li-
censed architect that the requirements of these regulations are satisfied.
G. Upon receipt of an application for a permit or a variance, the City Floodplain Administrator shall
prepare a notice according to the requirements of Chapter 18.76, BMC .
H. Copies of all permits granted must be sent to the Montana Department of Natural Resources and
Conservation in Helena, Montana.
1. In riverine situations, notifications by the City Floodplain Administrator must be made to
adjacent communities, the Floodplain Management Section (DNRC) and FEMA prior to
any alteration or relocation of a stream. The flood-carrying capacity within the altered or
relocated portion of any stream must be maintained. Erosion control measures shall be
incorporated to ensure stability of altered channels and stream banks.
18.58.140 PERMIT APPLICATIONS
A. Activities or uses that require the issuance of a permit, including the expansion or alteration of
such uses, shall not be initiated, established or undertaken until a permit has been issued by the City
Floodplain Administrator.
B. Permit applicants shall be required to furnish the following information as deemed necessary by
the City Floodplain Administrator for determining the suitability of the particular site for the
proposed use:
1. 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;
58-7
floodproofing measures; mean sea level elevation of first floor of proposed structures; and
location of the channel and limits of 100-year floodplain boundary;
2. A plan view of the proposed development indicating external dimensions of structures;
street or road finished grade elevations; well locations; individual sewage treatment and
disposal sites; excavation and/or fill quantity estimates; and site plan and/or construction
plans;
3. Specifications for floodproofing, filling, excavating, grading, bank stabilization, storage of
materials and location of utilities;
4. A professional engineer’s or registered architect’s design calculations and certification that
the proposed activity has been designed to be in compliance with these regulations; and
5. Certification of floodproofing and/or elevation shall be provided on a standard form avail-
able from the City 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 sub-
mitted with the application for the permit activity. This certification may be waived by the
City Floodplain Administrator if it can be clearly ascertained by a site inspection that the
activity was accomplished in accordance with these regulations; and
4. Certification of floodproofing and/or elevation shall be provided on a standard form avail-
able from the City Floodplain Administrator.
18.58.150 EMERGENCY WAIVER
A. Emergency repair and replacement of severely damaged public transportation facilities, public
water and sewer facilities, public utility electricity and natural gas distribution facilities, and flood
control works may be authorized. Floodplain development permit requirements may be waived if:
1. Upon notification and prior to emergency repair and/or replacement, the City Floodplain
Administrator determines that an emergency condition exists warranting immediate ac-
tion; and
2. The City Floodplain Administrator agrees upon the nature and type of proposed emer-
gency repair and/or replacement.
B. Authorization to undertake emergency repair and replacement work may be given verbally if the
City Floodplain Administrator feels that such a written authorization would unduly delay the emer-
gency 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.
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18.58.160 REVIEW - VARIANCES - APPEALS
Appeals and variances from this chapter may be taken as set forth in Chapter 18.66, BMC. The City
Floodplain Administrator shall maintain records of the variance notification and actions, including justifi-
cation for their issuance, and forward copies of all variance actions to the Montana Department of Natural
Resources and Conservation and the Federal Emergency Management Agency.
18.58.170 FLOODPLAIN DEVELOPMENT - COMPLIANCE
Any use, arrangement or construction not in compliance as authorized by permit, shall be deemed a
violation of this chapter and punishable as provided in Chapter 18.64, BMC. An applicant is required to
submit certification by a registered professional engineer, architect, land surveyor or other qualified person
designated by the City Floodplain Administrator that finished fill and lowest building floor elevations,
flood proofing, hydraulic design or other flood protection measures were accomplished in compliance
with these regulations.
18.58.180 EMERGENCY PREPAREDNESS - PLANNING
In formulating community development goals, the community shall consider the development of a plan
for evacuating users of all development located within flood prone areas. This plan should be developed,
filed with, and approved by appropriate community emergency management authorities.
18.58.190 APPLICATIONS - SPECIFIC STANDARDS
The minimum floodplain development standards listed in this chapter apply to the floodway and floodway
fringe portions of the 100-year floodplain as delineated on the flood hazard area maps or other flood
hazard areas as may be determined by '18.58.040, BMC.
18.58.200 FLOODWAY - USES ALLOWED WITHOUT FLOODPLAIN PERMITS
When a site specific exemption or relaxation of the standards of '18.42.100, BMC allow utilization of a
portion of the floodplain, the following uses shall be allowed without a permit within the floodway, pro-
vided that such uses conform to the provisions of '18.58.350 through '18.58.390, BMC; are not prohib-
ited by any other ordinance, resolution or statute; and do not require fill, excavation, permanent storage of
materials, or equipment or structures other than portable structures:
A. Agricultural uses;
B. Accessory uses such as loading and parking areas associated with industrial and commercial facili-
ties;
C. Private and public recreational uses such as golf courses, driving ranges, archery ranges, picnic
grounds, boat-launching ramps, parks, wildlife management and natural areas, fish hatcheries, fish-
ing areas, and hiking or horseback riding trails;
D. Residential uses such as lawns, gardens, parking areas and play areas;
E. Irrigation and livestock supply wells, provided that they are located at least 500 feet from domestic
water supply wells; and
F. Fences, except permanent fences crossing channels.
18.58.210 FLOODWAY - USES REQUIRING FLOODPLAIN PERMITS
When a site specific exemption or relaxation of the standards of '18.42.100, BMC allow utilization of a
portion of the floodplain, the following artificial obstructions may be permitted in the floodway subject to
the issuance of a permit by the City Floodplain Administrator:
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A. Excavation of material from pits and pools provided that:
1. A buffer strip of undisturbed land is left between the edge of the channel and the edge of
the excavation. This buffer strip must be of sufficient width to prevent flood flows from
channeling into the excavation;
2. The excavation meets all applicable laws and regulations of other local and state agencies;
and
3. Excavated material is disposed of or stockpiled outside the floodway;
B. Railroad, highway and street stream crossings provided the crossings are designed to offer minimal
obstruction to flood flow. Stream crossings shall not increase the elevation of the 100-year flood
more than one-half foot nor cause a significant increase in flood velocities;
C. Limited filling for highway, street and railroad embankments not associated with stream crossings,
provided that:
1. Reasonable alternate transportation routes outside the designated floodway are not avail-
able; 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 encroach-
ments into the floodway fringe, exceeding one-half foot;
D. Buried or suspended utility transmission lines, provided that:
1. Suspended utility transmission lines are designed so the lowest point of the suspended line
is at least 6 feet higher than the base flood elevation;
2. Towers and other appurtenant structures are designed and placed to withstand and mini-
mally obstruct flood flows; and
3. Utility transmission lines carrying toxic or flammable materials are buried to a depth of at
least twice the calculated maximum depth of scour for a 100-year flood. The maximum
depth of scour shall be determined by hydraulic engineering methods acceptable to the
City Floodplain Administrator;
E. Storage of materials and equipment, provided that:
1. The material or equipment is not subject to major damage by flooding and is properly
anchored to prevent floatation or downstream movement; or
2. The material or equipment is readily movable within the limited time available after flood
warning. Storage of flammable, toxic, hazardous or explosive materials shall not be permit-
ted;
F. Domestic water supply wells, provided that:
1. They are driven or drilled wells located on ground higher than the surrounding ground to
assure positive drainage from the well;
2. Well casings are watertight to a distance of at least 25 feet below the ground surface;
3. Water supply and electrical lines have a watertight seal where the lines enter the casing;
4. All pumps, electrical lines and equipment are either submersible or adequately floodproofed;
and
5. Check valves are installed on main water lines at wells and at all building entry locations;
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G. Substantial improvements to any structure provided that the provisions of subsections C, D or E
of '18.58.260, BMC are met. In the floodway, the structure must be floodproofed or elevated on
a permanent foundation rather than on fill; and
H. All other artificial obstructions, substantial improvements or nonconforming uses not specifically
listed or prohibited by these regulations.
18.58.220 FLOODWAY - PERMITS FOR FLOOD CONTROL WORKS
It is desired that flood control be primarily accomplished by on-site stormwater management, protection
of bank stabilizing vegetation, preserving an unobstructed floodplain and keeping development away from
areas prone to flooding. In the event that adequate flood control can not be achieved by these methods,
flood control works shall be allowed within floodways subject to the issuance of a permit by the City
Floodplain Administrator with the following conditions:
A. Levees and floodwalls are permitted if:
1. The proposed levee or floodwall is designed and construed to safely convey a 100-year
flood; and
2. The cumulative effect of the levee or floodwall combined with allowable floodway fringe
encroachments does not increase the unobstructed base flood elevation more than one-
half foot. The City Floodplain Administrator may establish either a lower or higher per-
missible increase in the base flood elevation for individual levee projects only with concur-
rence from the Montana Department of Natural Resources and Conservation and the
Federal Emergency Management Agency based upon consideration of the following cri-
teria:
a. The estimated cumulative effect of any anticipated future permissible uses; and
b. The type and amount of existing flood-prone development in the affected area;
3. The proposed levee or floodwall, except those to protect agricultural land, is constructed at
least 3 feet higher than the base flood elevation;
B. Bank stabilization methods provided that:
1. When selecting a bank stabilization method, best management practices consistent with
the intent of this title shall be used;
2. The bank stabilization method is designed to withstand a 100-year flood;
3. The bank stabilization method does not increase the base flood elevation; and
4. The bank stabilization method will not increase erosion upstream, downstream or adjacent
to the stabilization site;
C. Channelization projects if they do not significantly increase the magnitude, velocity or base flood
elevation in the proximity of the project;
D. Dams provided that:
1. They are designed and constructed in accordance with the Montana Dam Safety Act and
applicable safety standards; and
2. They will not increase flood hazards downstream, either through operational procedures
or improper hydraulic design.
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18.58.230 FLOODWAY - PERMITS FOR WATER DIVERSIONS
Permits for the establishment of a water diversion or change in place of diversion shall not be issued if, in
the judgment of the City Floodplain Administrator:
A. The proposed diversion will significantly increase the upstream base flood elevation to the detri-
ment of neighboring property;
B. The proposed diversion is not designed and constructed to minimize potential erosion from a 100-
year flood; and
C. Any permanent diversion structure crossing the full width of the stream channel is not designed
and constructed to safely withstand a 100-year flood.
18.58.240 FLOODWAY - PROHIBITED USES
The following artificial obstructions and nonconforming uses are prohibited within the floodway:
A. New construction of any residential, commercial or industrial structure including manufactured
homes;
B. Encroachments including fill, new construction, alterations, substantial improvements and other
development within the adopted regulatory floodway that would result in erosion of the embank-
ment, obstruction of the natural flow of waters or increase in flood levels within the community
during the occurrence of the 100-year flood;
C. The construction or permanent storage of an object subject to floatation or movement during
flooding;
D. Solid and hazardous waste disposal, sewage treatment and sewage disposal systems;
E. Storage of toxic, flammable, hazardous or explosive materials; and
F. Alterations of structures unless it can be shown the alteration will not raise flood heights.
18.58.250 FLOODWAY FRINGE - USES ALLOWED WITHOUT PERMITS
All uses allowed in the floodway, according to the provisions of '18.58.210, BMC of these regulations,
shall also be allowed without a permit in the floodway fringe.
18.58.260 FLOODWAY FRINGE - USES REQUIRING PERMITS
When a site specific exemption or relaxation of the standards of '18.42.100, BMC allows utilization of a
portion of the floodplain, the uses allowed in the floodway subject to the issuance of a permit, according
to the provisions of '18.58.220 through '18.58.240, BMC, shall also be allowed by permit within the
floodway fringe. In addition, new construction, substantial improvements and alterations to structures are
allowed by permit. This includes but is not limited to residential, commercial and industrial construction
and suitable fill to be allowed by permit from the City Floodplain Administrator, subject to the following
conditions:
A. Such structures or fill must not be prohibited by any other statute, regulation, ordinance or resolu-
tion;
B. Such structures or fill must be compatible with local growth policies;
C. The new construction, alterations and substantial improvements of residential structures including
manufactured homes must be constructed on suitable fill such that the lowest floor elevation (in-
cluding basement) is 2 feet or more above the base flood elevation. The suitable fill shall be at an
elevation no lower than the base flood elevation and shall extend for at least 15 feet, at that eleva-
tion, beyond the structure(s) in all directions;
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D. The new construction, alteration and substantial improvement of commercial and industrial struc-
tures can be constructed on suitable fill as specified in subsection C of this section. If not con-
structed on fill, commercial and industrial structures must be adequately floodproofed to an eleva-
tion no lower than 2 feet above the base flood elevation. Floodproofing must be certified by a
registered professional engineer or architect that the floodproofing methods are adequate to with-
stand the flood depths, hydrodynamic and hydrostatic pressures, velocities, impact, buoyancy and
uplift forces associated with the 100-year flood;
1. If the structure is designed to allow internal flooding of areas below the lowest floor, use
of this space shall be limited to parking, loading areas, building access and storage of
equipment or materials not appreciably affected by flood waters. The floors and wall shall
be designed and constructed of materials resistant to flooding to an elevation no lower
than 2 feet above the base flood elevation. Walls shall be designed to automatically equalize
hydrostatic forces by allowing for entry and exit of floodwaters. Openings may be equipped
with screens, louvers, valves, other coverings or devices which permit the automatic entry
and exit of floodwaters;
2. Structures whose lowest floors are used for a purpose other than parking, loading or stor-
age of materials resistant to flooding shall be floodproofed to an elevation no lower than 2
feet above the base flood elevation. Floodproofing shall include impermeable membranes
or materials for floors and walls and watertight enclosures for all windows, doors and other
openings. These structures shall also be designed to withstand the hydrostatic, hydrody-
namic and buoyancy effects of a 100-year flood; and
3. Floodproofing of electrical, heating and plumbing systems shall be accomplished in accor-
dance with '18.58.350 through '18.58.390, BMC;
E. All manufactured homes placed in the floodway fringe must have the chassis securely anchored to
a foundation system that will resist floatation, collapse or lateral movement. Methods of anchoring
may include, but are not limited to, over-the-top or frame ties to ground anchors. The following
conditions also apply:
1. When a manufactured home is altered, replaced because of substantial damage as a result
of a flood, or replaced on an individual site, the lowest floor must be elevated 2 feet above
the base flood elevation. The home can be elevated on fill or raised on a permanent foun-
dation of reinforced concrete, reinforced mortared block, reinforced piers or other foun-
dation elements of at least equivalent strength; and
2. Replacement or substantial improvement of manufactured homes in an existing manufac-
tured home community or subdivision must be raised on a permanent foundation. The
lowest floor must be at least 36 inches above the ground or raised 2 feet above the base
flood elevation, whichever is less. The foundation must consist of reinforced concrete,
reinforced mortared block, reinforced piers or other foundation elements of at least equiva-
lent 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, gener-
ally 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;
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G. Roads, streets, highways and rail lines shall be designed to minimize increase in flood heights.
Where failure or interruption of transportation facilities would result in danger to the public health
or safety, the facility shall be located 2 feet above the base flood elevation; and
H. Agricultural structures that have a low damage potential, such as sheds, barns, shelters, and hay or
grain storage structures must be adequately anchored to prevent floatation or collapse and all
electrical facilities shall be placed above the base flood elevation;
1. Recreational vehicles, if they are on the site for more than 180 consecutive days or are not
ready for highway use, must meet the elevating requirements of subsection C of this sec-
tion.
18.58.270 FLOODWAY FRINGE - PROHIBITED USES
The following artificial obstructions and nonconforming uses are prohibited within the floodway fringe:
A. Solid and hazardous waste disposal; and
B. Storage of highly toxic, flammable, hazardous or explosive materials. Storage of petroleum prod-
ucts may be allowed by permit if stored on compacted fill at least 2 feet above the base flood
elevation and anchored to a permanent foundation to prevent downstream movement.
18.58.280 FLOODPLAIN AREAS WITH FLOOD ELEVATIONS AND NO DELINEATED
FLOODWAY
A. A development proposed for a 100-year floodplain, where water surface elevations are available
but no floodway is delineated, may not significantly increase flood velocities or depths or generally
alter patterns of flood flow. The provisions of '18.58.250 through '18.58.270, BMC shall apply to
these areas. The City Floodplain Administrator may require a permit applicant to furnish additional
hydraulic data before acting on a permit application for such a floodplain. The data may include,
but are not limited to, any of the following:
1. A hydraulic study documenting probable effect on upstream, downstream or adjacent prop-
erty owners caused by the proposed development; or
2. The calculated increase in the 100-year flood water surface profile caused by the proposed
development.
B. Permits for such proposed development may be modified or denied if the additional information
shows that the proposed use would cause an additional flood hazard to adjacent property or sig-
nificantly increase flood heights. A significant increase in flood height is one-half foot unless exist-
ing or anticipated development in the area dictates a lesser amount of allowable increase.
18.58.290 SHALLOW FLOODING (AO ZONES)
A. Shallow flooding areas are delineated as AO zone floodplains on the Flood Insurance Rate Maps.
The provisions of '18.58.260, BMC shall apply to any AO zone floodplains. The depth of the 100-
year flood is indicated as the depth number on the Flood Insurance Rate Maps. The 100-year flood
depth shall be referenced to the highest adjacent grade or stream flow line in determining which fill
or floodproofing heights to use in applying the provisions of subsections C and D of '18.58.260,
BMC. In the absence of depth or elevation information, a minimum 2-foot flood depth shall be
used.
B.Floodplain Boundary Interpretation. The City Floodplain Administrator shall make interpreta-
tions 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.
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18.58.300 APPLICABILITY TO UNNUMBERED A ZONES
The minimum floodplain development standards listed in this section apply to the 100-year floodplains
delineated by approximate methods and identified as unnumbered A zones on the Flood Insurance Rate
Maps.
18.58.310 A ZONES - USES ALLOWED WITHOUT PERMITS
All uses allowed in a floodway, according to the provisions of '18.58.210, BMC, shall also be allowed
without a permit in unnumbered A zone floodplains.
18.58.320 A ZONES - USES REQUIRING PERMITS
All uses allowed in the floodway and floodway fringe subject to the issuance of a permit according to the
provisions of '18.58.260, BMC, shall require permits from the City Floodplain Administrator for unnum-
bered A zone floodplains. Also, the provisions of '18.58.260, BMC apply to the A zone floodplains with
no floodway delineated or water surface profile computed. Since there are no 100-year flood water surface
profiles computed for A zone floodplains, the following conditions also apply:
A. Elevation data on the 100-year flood shall be provided for subdivision proposals according to the
definitions and rules of the Montana Sanitation in Subdivisions Act, Title 76, Chapter 4, Part 1,
MCA and the rules adopted by Department of Environmental Quality under this Act. These data
shall be used in applying subsections C, D and E of '18.58.270, BMC. Subdivision proposals shall
also provide for adequate drainage to minimize potential flood hazards;
B. The City Floodplain Administrator may obtain, review and reasonably use any base flood elevation
and floodway data available from federal, state or other sources, until such data have been provided
by FEMA, to enforce subsections C and D of '18.58.270, BMC;
C. The City Floodplain Administrator may use historical flood elevations to determine suitable fill or
floodproofing elevations as required by subsections C and D of '18.58.270, BMC;
D. If historical flood evidence is not available, then the City Floodplain Administrator shall deter-
mine, from a field review at the proposed development site, an appropriate fill or floodproofing
elevation to use in applying subsections C and D of '18.58.270, BMC. In the absence of depth or
elevation information, a minimum 2 foot flood depth shall be used; and
E. Proposed structures must be anchored to prevent floatation or collapse and must be located as far
from stream channels as practicable.
18.58.330 A ZONES - PROHIBITED USES
Those uses prohibited in the floodway fringe, in accordance with '18.58.270, BMC, shall also be prohib-
ited within the A zone floodplain boundaries.
18.58.340 A ZONES - FLOODPLAIN BOUNDARY INTERPRETATION
The City Floodplain Administrator shall make interpretations where needed as to the exact location of the
unnumbered A zone floodplain boundary when there is a conflict between a mapped boundary and actual
field conditions.
18.58.350 FLOODPROOFING REQUIREMENTS - CERTIFICATION
If the following floodproofing requirements are to be applied to a proposed structure, as stipulated by the
City Floodplain Administrator in accordance with these regulations, the methods used must be certified as
adequate by a registered professional engineer or architect.
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18.58.360 FLOODPROOFING REQUIREMENTS - CONFORMANCE
Permitted floodproof systems shall conform to the conditions listed in '18.58.370 through '18.58.390,
BMC and the floodproofing standards listed in subsection D of '18.58.260, BMC for commercial and
industrial structures.
18.58.370 FLOODPROOFING REQUIREMENTS - ELECTRICAL SYSTEMS
A. All incoming power service equipment, including all metering equipment, control centers, trans-
formers, distribution and lighting panels, and all other stationary equipment must be located at
least 2 feet above the base flood elevation;
B. Portable or movable electrical equipment may be placed below the base flood elevation, if the
equipment can be disconnected by a single submersible plug-and-socket assembly;
C. The main power service line shall have automatic or manually operated electrical disconnect equip-
ment located at an accessible location outside the 100-year floodplain and above the base flood
elevation; and
D. All electrical wiring systems installed at or below the elevation of the 100-year flood shall be
suitable for continuous submergence and may not contain fibrous components.
18.58.380 FLOODPROOFING REQUIREMENTS - HEATING SYSTEMS
A. Float operated automatic control valves must be installed in gas furnace supply lines so that the
fuel supply is automatically shut off when flood waters reach the floor level where the furnace is
located;
B. Manually operated gate valves must be installed in gas supply lines. The gate valves must be oper-
able from a location above the elevation of the 100-year flood; and
C. Electric heating systems must be installed in accordance with the provisions of International Building
Code and any other applicable regulations.
18.58.390 FLOODPROOFING REQUIREMENTS - PLUMBING SYSTEMS
A. Sewer lines, except those to be buried and sealed in vaults, must have check valves installed to
prevent sewage backup into permitted structures; and
B. All toilet stools, sinks, urinals and drains must be located so the lowest point of possible water
entry is at least 2 feet above the elevation of the 100-year flood.
18.58.400 VIOLATION NOTICE
The City Floodplain Administrator shall bring any violation of this chapter to the attention of the local
governing body, its legal council and the Montana Department of Natural Resources and Conservation.
18.58.410 VIOLATION - PENALTY
Violation of the provisions of this chapter or failure to comply with any of the requirements, including
permit approval prior to development of floodprone lands, and conditions and safeguards established
shall be subject to the provisions of Chapter 18.64, BMC.
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60-1
CHAPTER 18.60
NONCONFORMING SITUATIONS
18.60.010 NONCONFORMING USES
A. Any use lawfully existing upon the effective date of the ordinance codified in this title may be
continued at the size and in the manner of operation existing upon such date except as hereinafter
specified, or in the case of signage as specified in Chapter 18.52, BMC.
B. The right to operate and maintain a nonconforming use shall terminate when the structure or
structures housing such use are removed, razed or suffer substantial damage as defined in Chapter
18.80, BMC. However, in the event of damage by fire, wind, earthquake or other natural disaster to
the extent described above, said nonconforming use or uses may be reestablished through a condi-
tional use permit procedure as set forth in Chapter 18.34, BMC. Such restoration shall comply to
the maximum extent reasonably feasible with the requirements of this title.
C. When any lawful nonconforming use of any structure or land in any district has been changed to
a conforming use, it shall not thereafter be changed to any nonconforming use.
D. Whenever a lawful nonconforming use of a building, structure or land is discontinued for a period
of ninety days, any future use of the building, structure or land shall be in conformity with the
provisions of this title.
E. Normal maintenance of a building or other structure containing or related to a lawful noncon-
forming use is permitted, including necessary structural repairs, provided such structural repairs do
not enlarge, intensify or otherwise redefine the nonconforming use.
18.60.020 CHANGES TO OR EXPANSIONS OF NONCONFORMING USES
A. A lawful nonconforming nonresidential use shall not be changed except in conformance with the
use requirements of the zone in which it is located. Except, however, a lawful nonconforming use
may be changed to another nonconforming use, provided that a conditional use permit is obtained
from the City Commission. A lawful nonconforming nonresidential use may be expanded only
through the granting of a conditional use permit by the City Commission. In considering the
appropriateness of the conditional use permit application, the City Commission shall weigh the
criteria set forth in subsection B below. In addition, the Commission shall consider whether the
expansion is reasonable, natural and incidental to the growth and use of an existing business. In
general, proposals to expand nonconforming uses shall not be approved if the expansion would
encompass new land or property which was not in use at the time of the enactment of zoning or
a change in zoning.
B. To approve a conditional use permit to change or expand a nonconforming use, the City Commis-
sion shall determine that the proposed nonconforming use is more appropriate to the district than
the existing nonconforming use, and that no unsafe or unhealthy conditions are perpetuated. In
making such a determination, the Commission shall weigh the following criteria in addition to the
criteria applicable to all conditional use permits:
1. Traffic impacts, both onsite and offsite;
2. Off-street parking and loading requirements;
3. The visual impact on the surrounding area;
4. The degree of compliance with the adopted growth policy and this title;
60-2
5. The level of conflict with other uses in the surrounding area;
6. The presence of other nonconformities in the surrounding area;
7. The degree to which any existing unsafe or hazardous conditions would be mitigated;
8. The viability of the subject structure(s); and
9. Onsite and offsite impacts from noise, dust, smoke, surface or groundwater contamina-
tion, or other environmental impacts.
C. The maintenance and reconstruction of existing nonconforming residential dwelling units is al-
lowed, in compliance with applicable fire and building codes, including expansion of up to 20
percent of the existing total residential area, as long as the number of dwelling units on the lot is
not increased. In instances where new construction is allowed, all appropriate approvals such as a
certificate of appropriateness or building permit shall be obtained prior to the initiation of con-
struction.
18.60.030 NONCONFORMING AREA AND BULK REQUIREMENTS FOR EXISTING
LOTS
A. At the time of the enactment of the ordinance codified in this title, if any owner of a plot of land
consisting of one or more adjacent lots, as defined in Chapter 18.80, in a subdivision of record
does not own sufficient land within the lot of record to enable him/her to conform to the mini-
mum 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 dimen-
sion requirements of the district in which the piece of land is located may be reduced by the
smallest amount that will permit a structure of acceptable size to be built upon the lot, with such
reduction to be determined by the City Commission. Existing buildings on nonconforming lots
may be expanded without deviations or variances so long as the expansion does not increase or
create one or more nonconformities.
1. In the R-S, R-1 and R-2 districts, the reduction shall permit only a single-household resi-
dence.
2. In the R-3, R-4 and R-O districts, the reduction shall permit only a duplex.
B. No lot, even though it may consist of one or more adjacent lots in common ownership at the time
of passage of the ordinance codified in this title, shall be reduced in size so that lot width or size of
yards or lot area per household or any other requirement of this title is not maintained except as
provided for in this title. This section views lots as merged for the purposes of planning and zoning
regulation of bulk, size, or similar dimensional standards only, and does not aggregate individual
parcels of land in a manner affected by '76-3-103(17)(b), MCA. This section shall not apply when
a portion of a lot is acquired for a public purpose.
C. Adjacent parcels which do not conform to minimum lot requirements, and which are in common
ownership, shall be considered individual lots of record for the purposes of this code only if they
are each greater than one acre in size and were created prior to the passage of the ordinance
codified in this title.
18.60.040 NONCONFORMING STRUCTURES
A. Any nonconforming structure lawfully existing upon the effective date of the ordinance codified
in this title may be continued at the size and configuration existing upon such date except as
hereinafter specified, or in the case of signage as specified in Chapter 18.52, BMC and lighting as
specified in '18.42.150.O, BMC.
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B. The right to operate and maintain a nonconforming structure shall terminate when the structure is
removed, razed or substantially damaged. However, in the event of damage by fire, wind, earth-
quake or other natural disaster to the extent described above, said nonconforming structure may
be reestablished through a conditional use permit procedure as set forth in Chapter 18.34, BMC.
Such restoration shall comply to the maximum extent feasible with the requirements of this title.
C. Normal maintenance of a lawful nonconforming structure is permitted, including necessary struc-
tural repairs provided such structural repairs do not enlarge the structure or intensify the use.
18.60.050 CHANGES TO OR EXPANSIONS OF NONCONFORMING STRUCTURES
A. A lawful nonconforming structure shall not be changed except in conformance with the require-
ments of the zone in which it is located.
B. A lawful nonconforming structure may be expanded through the plan review process required by
Chapters 18.28, 18.30 and 18.34, BMC. Unless the proposed expansion would create a new non-
conformity or increase an existing nonconformity, no deviation or variance is required for the
expansion.
C. If a lawful nonconforming structure is proposed to be changed or expanded in a manner which
would increase the degree of nonconformity, or would create a new nonconformity, a deviation or
variance shall be properly granted prior to or in conjunction with the site development approval
required in Chapters 18.28, 18.30, and 18.34, BMC.
D. The maintenance and reconstruction of existing nonconforming residential structures is allowed,
in compliance with applicable fire and building codes, so long as the number of dwelling units on
the lot is not increased. Maintenance activities may not increase the degree of nonconformity.
18.60.060 EXPANSIONS OF NONCONFORMING BUILDINGS CONTAINING CON-
FORMING USES
A nonconforming building which houses conforming uses may be expanded as allowed by '18.60.050,
BMC.
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62-1
CHAPTER 18.62
DEVELOPMENT REVIEW COMMITTEE (DRC), DESIGN REVIEW
BOARD (DRB), ADMINISTRATIVE DESIGN REVIEW STAFF (ADR)
AND WETLANDS REVIEW BOARD (WRB)
18.62.010 PURPOSE OF DRC, DRB, ADR AND WRB
A.Purpose. The Development Review Committee (DRC), Design Review Board (DRB), Administra-
tive Design Review staff (ADR) and Wetlands Review Board (WRB) are established to coordinate,
expedite and assure fair and equitable implementation of this title. The objective, to be imple-
mented through their procedures and deliberations, shall be to encourage development quality that
will enhance both the natural and built environments, with consideration to present and future
property values, and to carry out the purposes of this title.. All bodies authorized under this chap-
ter may call upon any City staff or other persons with technical expertise, and may testify before
any board, commission or other body upon the subjects for which they have responsibility.
1.DRC. The DRC is established to evaluate all proposals subject to the provisions of this
title. The DRC is the body charged with reviewing items relating to public health and
safety.
a. The DRC shall act as an advisory body to the Planning Director for site plans when
no variance or deviation is requested; and
b. The DRC shall act as an advisory body to the City Commission for larger and more
complex proposals including conditional use permits, planned unit developments,
all site plans involving variances or deviations, divisions of land, zone map amend-
ments, annexations and other actions as requested by staff or the City Commis-
sion.
2.DRB. The DRB is established to evaluate aesthetic considerations of larger and more com-
plex proposals which are likely to produce significant community impact and to provide
recommendations regarding such proposals to the Planning Director or City Commission,
subject to the provisions of this title.
a. The DRB shall act as an advisory body to the Planning Director for site plans
within overlay districts meeting one or more of the thresholds of subsection A.2.e
of this section when no variance or deviation is requested; and
b. The DRB shall act as an advisory body to the City Commission regarding:
(1) Site plans within overlay districts meeting one or more of the thresholds of
subsection A.2.e of this section when variances or deviations are requested;
(2) Conditional use permits located within overlay districts, but excluding con-
ditional use permits for the purpose of accessory dwelling units and condi-
tional use permits which do not create additional building area;
(3) Planned unit developments;
(4) Appeals from ADR decisions; and
(5) Review of applications for Large Scale Retail.
c. The DRB may develop, and after adoption by the City Commission, apply specific
guidelines related to such concerns as architectural appearance, landscape design
and signage for the construction and/or alteration of structures, sites or areas;
62-2
d. The DRB may review applicable development proposal applications for zoning
text amendments, or applications for moving, demolition or any other kind of
permit that may affect properties located within entryway corridors.
e.DRB Site Plan Review Thresholds.
(1) Twenty or more dwelling units in a multiple household structure or struc-
tures;
(2) Thirty thousand or more square feet of office space, retail commercial space,
service commercial space or industrial space;
(3) More than two buildings on one site for permitted office uses, permitted
retail commercial uses, permitted service commercial uses, permitted in-
dustrial uses or permitted combinations of uses;
(4) Twenty thousand or more square feet of exterior storage of materials or
goods; or
(5) Parking for more than sixty vehicles.
3.ADR. The ADR staff is established as the review body for aesthetic considerations of
smaller and less complex proposals which are less likely to produce significant community
impact and to provide recommendations regarding such proposals to the Planning Direc-
tor and City Commission, subject to the provisions of this title.
a. The ADR staff shall act as the approval authority for sketch plans within overlay
districts when no variance or deviation is requested;
b. The ADR staff shall act as an advisory body to the Planning Director for site plans
within overlay districts not meeting one or more of the thresholds of subsection
A.2.e of this section when no variance or deviation is requested;
c. The ADR staff shall act as an advisory body to the Planning Director regarding
reuse/further development permits within overlay districts; and
d. The ADR staff shall act as an advisory body to the City Commission regarding all
sketch plans and site plans not meeting one or more of the thresholds of subsec-
tion A.2.e of this section within overlay districts when variances or deviations are
requested, for conditional use permits for accessory dwelling units, conditional use
permits where no additional building area will be created, and non-PUD divisions
of land;
e. The ADR may develop, and after adoption by the City Commission, apply specific
guidelines related to such concerns as architectural appearance, landscape design
and signage for the construction and/or alteration of structures, sites or areas; and
f. The ADR may review applicable development proposal applications for zoning
amendments, or applications for moving, demolition or any other kind of permit
that may affect properties located within entryway corridors.
4.WRB. The WRB is established to prepare functional assessments of regulated wetlands
that may be impacted by proposed regulated activities, evaluate the impacts proposed regu-
lated activities may have on delineated wetlands and to provide wetlands protection, miti-
gation and/or enhancement recommendations regarding such proposals to the Planning
Director and City Commission, subject to the provisions of this title.
a. The WRB shall act as an advisory body to the Planning Director for sketch plans
and site plans when no variance or deviation is requested.
62-3
b. The WRB shall act as an advisory body to the City Commission for larger and more
complex proposals including conditional use permits, planned unit developments,
all site plans involving variances or deviations, divisions of land, zone map amend-
ments, and other actions as requested by staff or the Commission.
B.Development Review Committee Procedures Established. To implement this purpose, certain pro-
cedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly
meeting attended by representatives of each of the City departments charged with development
review. Each department shall have the ability and authority to require the DRC to make a recom-
mendation of denial when in their view the project can not meet the requirements and review
criteria of this title and acceptable conditions do not exist to cure the identified failings of the
project. Written meeting reviews, in the form of staff reports or summary reviews prepared by the
Planning Department, shall be made setting forth the DRC’s recommendation to the Planning
Director or City Commission and reasons for requiring such conditions as may be deemed neces-
sary by the DRC. These records shall be preserved as part of the official file for each development
proposal. Lastly, the DRC shall generally follow “Robert’s Rules of Order” and may prepare and
adopt supplemental procedural rules that will assure the accomplishment of the stated purpose
and promote the efficiency and effectiveness of the developmental review process.
1. The DRC shall at a minimum be composed of the following personnel: City Engineer or
designee, Fire Marshal or designee, the Streets Superintendent or designee, the Sanitation
Superintendent or designee, the Water/Sewer Superintendent or designee, the Planning
Director or designee and the Building Official or designee. When necessary, other mem-
bers of the committee may include: the Director of Public Safety or designee, the Superin-
tendent of Facilities and Public Lands or designee, the Superintendent of Recreation or
designee, the City Manager or designee, with other individuals to be included as necessary
at the Planning Director’s request.
2. When applicable, the DRC may solicit the input of non-City agencies and persons includ-
ing, but not limited to, the county subdivision review officer or designee, the County Sani-
tarian or designee, the County Road Superintendent or designee, and state or federal agen-
cies, with other individuals to be included as necessary.
C.Design Review Board Procedures Established. To implement this purpose, certain procedures
shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly meeting
attended by members of the DRB. Written meeting reviews setting forth decisions and findings
shall be made. These records shall be preserved as part of the official proceedings for each devel-
opmental proposal. Lastly, the DRB shall generally follow “Robert’s Rules of Order” and may
prepare and adopt supplemental procedural rules, upon the approval of the City Commission, that
will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness
of the design review process.
1. The DRB shall consist of six professional and two nonprofessional members. Professional
members shall be degreed in their respective disciplines and/or otherwise licensed or cer-
tified by their respective professional authorities. The professional contingent shall consist
of three architects and at least one architectural historian, and at least one landscape archi-
tect or landscape designer. At least one of the professional members shall have demon-
strated expertise in urban design. Nonprofessional members shall be individuals with an
interest in, or knowledge of, urban design or historic preservation. No member of the
DRB shall serve concurrently as a member of the Planning Board or Zoning Commission.
A quorum of the DRB shall be four voting members and one of the members constituting
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the quorum must be an architect. In the event a quorum of the DRB may not otherwise be
attained, the ADR staff may serve as alternates to prevent delay in project reviews.
2. In selecting the members, the City Commission shall give preference to residents of the
City of Bozeman. However, where a qualified professional resident is not available to
serve, the City Commission may appoint a professional member who practices profession-
ally, owns property or owns a business within the City. Where a nonprofessional resident is
not available to serve, the City Commission may appoint a nonprofessional member who
works, owns property or owns a business within the City.
D.Administrative Design Review Staff Procedures Established. To implement this purpose, certain
procedures shall be adopted for the administrative evaluation of a proposal without public notice
or comment, unless a deviation from the underlying zoning is requested. After a proposal has been
evaluated by the ADR staff, they shall issue a written decision that shall include findings and may
include a notice of required corrections. The ADR staff may call a conference with the applicant
to determine design alternatives, or the applicant may call a conference with the ADR staff for the
same purpose. Any such conference shall be conducted prior to the issuance of a building permit
for the proposal.
1. ADR staff shall consist of two Planning Department staff members. One member shall
be degreed or otherwise licensed or certified by his/her respective professional authorities
in an environmental design discipline such as architecture, landscape architecture or urban
design. The second member shall be the Planning Director or his/her designee who may
or may not be degreed in architecture. In the event that necessary ADR staff is not avail-
able, the DRB may act to provide design review services.
E.Waiver of Design Review. In the event that neither the DRB nor the ADR staff as established in
this chapter are able to complete a quorum or have the necessary personnel to conduct the reviews
otherwise required by this title, the requirement for review by DRB or ADR is waived. Nothing in
this section shall constitute a waiver of the required review criteria established in Chapters 18.28,
18.30, 18.36, and 18.56, BMC.
F.Wetlands Review Board Procedures Established. The WRB will be convened as necessary to
review proposals that involve regulated activities and may impact regulated wetlands based on the
provisions contained in Chapter 18.56, BMC. To implement this purpose, certain procedures shall
be adopted to include, but not be limited to, scheduling meetings as needed to be attended by
members of the WRB. Written meeting reviews setting forth decisions and findings shall be made.
These records shall be preserved as part of the official proceedings for each development pro-
posal. Lastly, the WRB shall generally follow “Robert’s Rules of Order” and may prepare and
adopt supplemental procedural rules, upon the approval of the City Commission, that will assure
the accomplishment of the stated purpose and promote the efficiency and effectiveness of the
wetland review process.
1. The WRB shall consist of six members. Members shall be degreed in their respective disci-
plines and/or otherwise licensed or certified by their respective professional authorities.
Members shall consist of at least one biologist, one soil scientist, one plant scientist, and
one hydrologist.
2. In selecting the members, the City Commission shall give preference to residents of the
City of Bozeman. However, where a qualified resident is not available to serve, the City
Commission may appoint a member who practices professionally, owns property or owns
a business within the City.
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18.62.020 GENERAL PROCEDURES, NOTICE AND TIMING
A.Informal Advice and Direction. A person or organization considering any construction, building
or site alteration, rezoning or other development activity, may approach the DRC, DRB, ADR or
WRB for informal advice and direction. Such discussion shall be treated as advisory by both parties
and shall record only the fact that contact had been made. An informal review by the DRC and/or
DRB may be requested by submitting a completed application form provided by the Planning
Director along with any schematic development plans or written narrative at least one week prior
to the next regularly DRC and/or DRB meeting. An informal review by the WRB may be re-
quested by submitting a completed application form provided by the Planning Director along with
a wetland delineation for the regulated wetland, development plans or written narrative describing
the proposed regulated activity and a WRB meeting will be convened within two weeks of applica-
tion submittal. The initial informal review by an applicant or owner for a specific parcel shall be
conducted without a fee. A fee, set in accordance with the fee resolution adopted by the City
Commission, shall be charged for a second or subsequent informal review requested by the same
applicant and/or owner for the same real property as a prior informal review. No application is
required for informal review or advice by the ADR staff.
B.Formal Application. An application for DRC, DRB, ADR and/or WRB consideration of a devel-
opment 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, certifi-
cate of appropriateness, planned unit development, divisions of land, etc. as outlined in this title. It
is recommended that the applicant discuss the application informally with the DRC, DRB, ADR or
WRB prior to formal submission to help expedite the process. Depending upon the size of the
proposed project, its location and type, the applicant may be directed to one or more agencies of
the City for processing.
C.Public Notice. Public notice for any proposal before the DRC, DRB, ADR or WRB that requires
such notice shall be provided in accordance with Chapter 18.76, BMC.
D.DRC, DRB, ADR or WRB Action. By no later than 30 working days from the date of the first
regularly scheduled DRC and/or DRB meeting, or a meeting convened by the WRB, at which the
applicants’ proposal was initially reviewed, the DRC, DRB or WRB shall take action to recommend
approval, approval with conditions, table pending submission of revised or additional materials or
recommend denial of the applicant’s proposal, unless the applicant grants a written extension to
the review period. For proposals subject to ADR review, the ADR staff shall recommend ap-
proval, approval with conditions, delay pending submission of revised or additional materials or
denial of the applicant’s proposal.
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64-1
CHAPTER 18.64
ADMINISTRATION, FEES AND PENALTIES
18.64.010 REVIEW AUTHORITY
A. The City Commission has the right to review and require revisions to all development proposals
subject to this title, and delegates that authority in certain circumstances as set forth below to the
Planning Director, reserving to itself the right to hear appeals from decisions of the Planning
Director. The purpose of this review is to prevent demonstrable adverse impacts of the develop-
ment upon public safety, health or general welfare, or to provide for its mitigation; to protect public
investments in roads, drainage facilities, sewage facilities, water facilities, and other facilities; to
conserve the value of adjoining buildings and/or property; to protect the character of Bozeman;
to protect the right of use of property; advance the purposes and standards of this title and the
adopted growth policy; and to ensure that the applicable regulations of the City are upheld.
B. The Planning Director shall, upon recommendation from the DRC, DRB, ADR or WRB as may be
applicable approve, approve with conditions or deny all applications subject to this title, except
master site plans, conditional use permits, planned unit developments and subdivisions, or any
application involving deviations or variances. Decisions of the Planning Director are subject to the
appeal provisions of Chapter 18.66, BMC,
1.Exception. The City Commission may, by an affirmative vote of four of its members at a
regularly scheduled meeting reclaim to itself the final approval of a development normally
subject to the approval of the Planning Director. The vote shall occur prior to the action
of the Planning Director,
C. As detailed in Chapter 18.62, BMC, the City Commission authorizes the Development Review
Committee, Design Review Board, administrative design review staff and/or Wetlands Review
Board, as applicable, to review and to make recommendations to the Planning Director or City
Commission regarding development proposals.
D. The City Commission or its designated representatives may require the applicant to design the
proposed development to reasonably minimize potentially significant adverse impacts identified
through the review required by these regulations. The City Commission or its designated represen-
tatives may not unreasonably restrict a landowner’s ability to develop land, but it is recognized that
in some instances the unmitigated impacts of a proposed development may be unacceptable and
will preclude approval of the development as submitted. Recognizing that the standards of this
title are minimum requirements and the public health, safety, and general welfare may be best
served by exceeding those minimums, the City Commission or Planning Director may require as a
condition of approval, additional landscaping, screening, timing requirements, setbacks or other
mitigation exceeding the minimums of this title.
18.64.020 ADMINISTRATION AND ENFORCEMENT - PLANNING DIRECTOR AU-
THORITY
A. The Planning Director, or his/her designated representative, shall administer and enforce this title.
He/she may be provided with the assistance of such other persons as the Planning Director may
supervise and those assistants shall have essentially the same responsibilities as directed by the
Planning Director.
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B. The Planning Director may in the administration of this title consult with other persons having
expertise in relevant subject areas as in his/her opinion is necessary for the review of the proposed
development or administration of the title.
C. If the Planning Director shall find that any of the provisions of this title are being violated, he/she
shall notify in writing the person responsible for such violations, indicating the nature of the viola-
tion and ordering the action necessary to correct it. He/she shall order discontinuance of illegal
use of land, illegal additions, alterations or structural changes; discontinuance of any illegal work
being done; or shall take any other action authorized by this title to ensure compliance with or
prevent violation of its provisions.
18.64.030 ENFORCEMENT - PLANNING DIRECTOR
This title shall be enforced by the Planning Director and his/her authorized representatives. No develop-
ment approval, subdivision approval, building permit or business or occupational use license shall be is-
sued, except in compliance with the provisions of this title.
18.64.040 STOP-WORK ORDER - PLANNING DIRECTOR, BUILDING OFFICIAL, CITY
ENGINEER AUTHORITY
Whenever any subdivision, development or building work is being done contrary to the provisions of this
title, the Planning Director shall order the work stopped by notice in writing served on any person engaged
in doing or causing such work to be done, and any such person shall forthwith stop such work until
authorized by the Planning Director to proceed with the work. The Building Official or City Engineer may
also issue a stop-work order when building work is being done contrary to the provisions of this title.
18.64.050 PERMISSION TO ENTER
The City Commission, or its designated agents, may conduct such investigations, examinations and site
evaluations as they deem necessary to verify the information supplied. The submission of material or a plat
for review shall constitute a grant of permission to enter the subject property.
18.64.060 INACCURATE OR INCOMPLETE INFORMATION AND WAIVERS
A. The City shall review each submitted application for completeness. Should the application not be
complete, the City shall notify the applicant in writing and provide the applicant not more than 30
calendar days to submit the required additional information. Should the applicant choose not to
provide the required information the application may either be returned to the applicant, or alter-
natively, be processed with the recognition that incompleteness is an adequate basis for denial of
the application regardless of other merit of the application.
1. The DRC may grant reasonable waivers from submittal of application materials required
by these regulations where it is found that these regulations allow a waiver to be requested
and granted. If in the opinion of the final approval authority the waived materials are
necessary for proper review of the development, the materials shall be provided before
review is completed.
2. In order to be granted a waiver the applicant shall include with the submission of the
preliminary plat or plan a written statement describing the requested waiver and the rea-
sons upon which the request is based. The final approval body shall then consider each
waiver at the time the preliminary plat or plan is reviewed. All waivers must be initially
identified with the preapplication stage of review when required or preliminary review
when preapplication review is not required.
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B. The final approval body may withdraw approval or conditional approval of a preliminary plat or
other development approval if they determine that information provided by the applicant, and
upon which approval or conditional approval of the preliminary plat or other development was
based, is inaccurate or incomplete.
1. Within thirty calendar days following approval or conditional approval of a preliminary
plat or other development application, any person or agency that claims that information
provided by the applicant is inaccurate or incomplete may submit the information and
proof to the planning department.
2. The Planning Department shall investigate the claim, the accompanying information and
proof, and make a report to the final approval authority (City Commission or the Planning
Director) within thirty working days after receipt of the information. If the final approval
authority is the City Commission, the Commission shall consider the information and
proof, and shall make a determination regarding the claim at a regular meeting. Notice of
the meeting or presentation of the report shall be given to the claimant and the applicant.
18.64.070 COORDINATED REVIEWS
When a proposed subdivision, development or use is also proposed to be annexed to the City of Bozeman,
the City shall coordinate the development review and annexation procedures to minimize duplication of
hearings, reports, and other requirements whenever possible. The City Commission shall also hold joint
public hearings on the initial zoning and the annexation whenever possible. Based upon the circumstances
of proposed development the City may require sequential review of applications.
18.64.080 DATE OF SUBMITTAL AND ASSOCIATED REVIEW STANDARDS
Review and approval or disapproval of a subdivision under these regulations may occur only under those
regulations in effect at the time a complete application for approval of a preliminary plat, or for an exten-
sion under Chapter 18.06, BMC is submitted to the City of Bozeman. Review of nonsubdivision applica-
tions shall be under such regulations as are in effect at the time of a final approval action.
18.64.090 PLANNING DIRECTOR AND BUILDING OFFICIAL - PLAN APPLICATION
CHECKING - NOTICE OF NONCOMPLIANCE
A. It is the intent of this title that the Planning Director and Building Official, or their designees, shall
check all development plans and applications for permits for compliance with this title both before
and during construction.
B. If, during this procedure, the Planning Director and/or the Building Official deems that the pro-
posed plan or construction does not comply with this title, he shall inform the applicant of the
infraction and shall stop all construction on the project until such time as the applicant, builder or
principal revises his plan to conform to this title and/or fulfills the requirements of any mandated
review procedure(s) as set forth in this title.
18.64.100 BUILDING PERMIT REQUIREMENTS
No building or other structure shall be erected, moved, added to or structurally altered and no land use
shall be changed without valid permits as prescribed in this chapter.
A. Only minor site surface preparation and normal maintenance shall be allowed prior to conditional
approval by the appropriate review authority and the issuance of a building permit, providing that
such activity does not include excavation for foundations or the removal of mature, healthy vegeta-
tion. Upon conditional approval by the appropriate review authority, excavation for foundations
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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.
1. EXCEPTION: When construction and funding of public streets are occurring under the
provisions of Chapter 18.36, BMC, Planned Unit Development (PUD), the issuance of
building permits may be allowed prior to completion of infrastructure improvements, pur-
suant to the provisions established in Chapter 18.74, BMC.
B.Building Permit. Within the limits of the City, building permits shall be obtained by following the
latest version of the International Building Code (International Code Council, 5360 South Work-
man Mill Road, Whittier, California) adopted by the City.
C. The building permit shall be obtained by application to the Building Official. Applications shall be
accompanied by plans in duplicate, drawn to scale showing the actual dimensions and shape of the
lot to be built upon; the legal description of the parcel; the exact sizes and location on the lot(s) of
buildings already existing, if any; the location and dimensions of the proposed buildings or alterna-
tives; and two copies of the approved site plan or sketch plan as approved under Chapters 18.34,
18.36, etc. of this title.
D. One copy of the plans shall be returned to the applicant after the Building Official and Planning
Director have marked each copy either as approved or disapproved and attested to same by their
signatures. The second copy similarly marked shall be retained by the Building Department.
E. Approval of any plan that has been granted based upon false information provided by the appli-
cant shall be deemed void without requirement for further action by the City.
F Based upon an approved sketch, site plan, certificate of appropriateness, conditional use permit or
planned unit development (hereinafter referred to as “plan”), and after any appeals have been
resolved, a building permit for the site may be requested and may be granted, provided such build-
ing 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 Plan-
ning Director shall determine that the terms and circumstances have not significantly changed
since the initial approval.
18.64.110 PERMIT ISSUANCE - CONFORMITY WITH REGULATIONS REQUIRED
No permit or license of any type shall be issued unless in conformance with the regulations contained
within this title. Permits issued on the basis of plans and applications approved by the Building Official and
Planning Director authorize only the use, arrangement and construction set forth in such approved plans
and applications, and no other use, arrangement or construction. Use, arrangement or construction at
variance with that authorized shall be deemed a violation of this title, punishable as provided in this
chapter.
18.64.120 PERMITS ISSUED CONTRARY TO TITLE DEEMED VOID
Any authorization, including without limitation subdivision approval, site plan approval or building permit,
issued, granted or approved in violation of the provisions of this title shall be null and void and of no
effect without the necessity of any proceedings or a revocation or nullification thereof, and any work
undertaken or use established pursuant to any such building permit or other authorization shall be unlaw-
ful.
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18.64.130 EXPIRATION OF PERMITS
Every permit issued by the Building Official under the provisions of this title shall expire by limitation and
become null and void if the building or work authorized by such permit has not commenced within 180
calendar days from the date of such permits, or if the building or work authorized by such permit is
suspended or abandoned at any time after the work is commenced for a period of 120 calendar days.
Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee therefore
shall be one-half the amount required for a new permit for such work, provided no changes have been
made or will be made in the original plans and specifications for the work, and provided further that such
suspension or abandonment has not exceeded one year.
18.64.140 FEE SCHEDULE
A. The City Commission shall establish a schedule of fees, charges and expenses and a collection
procedure for reviews, permits, appeals and other matters pertaining to this title. The schedule of
fees for the procedures listed below shall be set from time to time by the City Commission by
resolution. The fees shall be available in the office of the Planning Director and may be altered or
amended only by the City Commission.
B. No subdivision, permit, zone change, site plan, conditional use, special temporary use, planned
unit development, deviation or variance shall be issued unless or until such costs, charges, fees or
expenses have been paid in full, nor shall any action be taken on proceedings before the adminis-
trative design review staff, Development Review Committee, the Design Review Board, the Zon-
ing Commission, the Planning Board or the City Commission until fees have been paid in full.
18.64.150 COMPLAINTS OF ALLEGED VIOLATIONS - FILING AND RECORDING
Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written
complaint. Such complaint, stating fully the causes and basis thereof shall be filed with the Planning
Director. He shall record properly such complaint and immediately investigate and take action thereon as
provided by this title.
18.64.160 VIOLATION - PENALTY - ASSISTING OR ABETTING - ADDITIONAL REM-
EDIES
A. Violation of the provisions of this title or failure to comply with any of its requirements including
violations of conditions and safeguards established in connection with the grant of variances or
conditional uses or any of the required conditions imposed by the Planning Director and/or City
Commission shall constitute a misdemeanor. Any person who violates this title or fails to comply
with any of its requirements shall upon conviction thereof be fined or imprisoned or both, as set
forth in state law regarding subdivision and zoning, and in addition shall pay all costs and expenses
involved in the case except as stated in subsection D of this section.
1. Each day such violation continues shall be considered a separate offense and punishable as
such.
2. For violations relating to plats each sale, lease or transfer of each separate parcel of land in
violation of any provision of these regulations or the Montanan Subdivision and Platting
Act shall be deemed a separate and distinct offense.
B. The code compliance officer is authorized to issue a notice to appear under the provisions of '46-
6-310, MCA to any violator of this title.
64-6
C. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder,
contractor, agent or other person who commits, participates in, assists or maintains such violation
may each be found guilty of a separate offense and suffer the penalties herein provided.
D. If transfers not in accordance with these regulations or the Montana Subdivision and Platting Act
are made, the City Attorney shall commence action to enjoin further sales or transfers and compel
compliance with all provisions of these regulations. The cost of the action must be imposed against
the party not prevailing.
E. When a violation has not been corrected by the property owner after written notice from the City,
the enforcement officer or Planning Director may seek approval for filing at the Gallatin County
Clerk and Recorder’s Office a Notice of Violation or Noncompliance. Such notice shall serve to
advise potential purchasers of existing violations of this title or of on-going enforcement actions
regarding a property. Such notice shall clearly state that the parcel or development on the parcel is
in violation of this title and that correction of the violation must be made prior to the City approv-
ing additional development or redevelopment of the site. The notice shall also describe the nature
of the violation and applicable citations to the relevant sections of this title.
1. When such a notice is to be filed the enforcement officer shall either:
a. Through the office of the City Attorney bring an action for civil and/or injunctive
relief that requests a court order to record a Notice of Violation or Noncompli-
ance; or
b. Schedule a public hearing to be held before the City Commission with the inten-
tion of receiving an order from the City Commission confirming the validity of the
violation and the need for correction, and authorizing the recording of the Notice
of Violation or Noncompliance. Notice of such a hearing shall be provided as
required by Chapter 18.76, BMC.
2. When a violation has been corrected for which a Notice of Violation or Noncompliance
was filed, the City shall record a release of noncompliance indicating that the prior viola-
tion has been corrected. The property owner is responsible for notifying the Planning
Department in writing of the correction of the violation or noncompliance. Upon receipt
of such notification by the property owner, the enforcement officer shall conduct an in-
spection to verify correction prior to the recording of the release.
F. The City may maintain an action or proceeding in a court of competent jurisdiction to compel
compliance with, or to restrain by injunction the violation of, any provision of this title.
G. Nothing herein contained shall prevent the City from taking such other lawful action as is nec-
essary to prevent or remedy any violation.
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CHAPTER 18.68
TEXT AMENDMENTS
18.68.010 INITIATION OF AMENDMENTS AND CHANGES
A. The City Commission may, from time to time, amend, supplement or change this title and the
regulations appertaining thereto. An amendment, supplement or change may be initiated by the
City Commission, City Manager, Zoning Commission, Planning Board or upon petition from an
owner of property within the City.
B. The City Commission, Planning Board or Zoning Commission may upon a vote of a majority of
its members direct the initiation of an amendment to this title and the regulations appertaining
thereto. When one of these bodies initiates an amendment, the application shall be signed by the
Mayor, President of the Planning Board or Chairman of the Zoning Commission as applicable.
C. Whenever any person or entity allowed to initiate an amendment desires a change in regulations,
they may file with the Planning Department, on forms provided by the City for this purpose, an
application duly signed and notarized by that person or authorized representative of that entity
requesting an amendment or change of regulations.
1. When the application initiated by an owner of property, bearing the property owners
signature(s), is filed with the Department it shall contain or be accompanied by:
a. All the data and information pertinent to the understanding and judgment of the
proposal, as may be prescribed by the Commission for that purpose so as to assure
the fullest practicable presentation of facts for the permanent record; and
b.A notarized statement by at least one of the owners of property within the
area subject to the proposed changes attesting to the truth and correctness
of all facts and information presented with the petition.
18.68.020 AMENDMENTS - INVESTIGATION REQUIREMENTS
Upon initiation of an amendment by the City Commission, Zoning Commission, Planning Board or upon
petition from a property owner, the Zoning Commission and/or Planning Board 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 as set forth in
'18.02.040, BMC, including but not limited to a finding that the proposed amendment complies with the
Bozeman growth policy.
18.68.030 PUBLIC HEARING PROCEDURES AND REQUIREMENTS
A. The City Commission, Zoning Commission and/or Planning Board shall hold one or more 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. Notice of such public hearings shall be provided as
required by Chapter 18.76, BMC.
B. Any amendment to the text of the title shall be the subject of one or more public hearing(s) before
the City Commission, after receiving a recommendation from the Zoning Commission and/or
Planning Board as set forth below.
C. The public hearings to be heard by the Zoning Commission and/or Planning Board shall be con-
ducted by the bodies specified in this subsection:
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1. Any amendment to the text of this title affecting only zoning provisions of this title shall
be heard by the Zoning Commission.
2. Any amendment to the text of this title affecting only subdivisions shall be heard by the
Planning Board.
3. Any amendment to the text of this title affecting both zoning and subdivision shall be
heard as a joint hearing of the Planning Board and Zoning Commission with the president
of the Planning Board to preside. When there is a question as to whether an amendment
would affect both subdivision and zoning, the public hearing shall be jointly held.
4. After such hearing or hearings, the Zoning Commission and/or Planning Board will make
reports and recommendations on the petition or initiation to the City Commission.
D. In the event that there is a question as to whether a proposed text amendment affects both zoning
and subdivision, or only one of the subjects, the planning director shall determine which bodies
must hold a public hearing.
E. Recommendations to the City Commission and other official actions by both the Zoning Commis-
sion and the Planning Board shall be only be official if made by at least a majority of the member-
ship of the body.
18.68.040 PROTEST TEXT AMENDMENTS
In the case of protest against such changes signed by the owners of 25 percent 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.
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CHAPTER 18.70
ZONING MAP AMENDMENTS
18.70.010 INITIATION OF AMENDMENTS AND CHANGES
A. The City Commission may, from time to time, amend, supplement or change the zoning district
maps appertaining to this title. An amendment, supplement or change may be initiated by the City
Commission, Zoning Commission or upon application from an owner of property within the City.
B. The City Commission or Zoning Commission may upon a vote of a majority of its members direct
the initiation of an amendment to the zoning map. When either body initiates an amendment, the
application shall be signed by the Mayor or Chairman of the Zoning Commission as applicable.
C. Whenever the property owner of any land or building desires a reclassification on his/her prop-
erty, they may file with the Planning Department an application requesting an amendment or
change of regulations prescribed for such property. Applications for change of district boundaries
or reclassification of districts as shown on the Zoning District Map shall be on forms supplied and
prepared by the Department. When the application, bearing property owner’ signatures, is filed
with the Department it shall contain or be accompanied by:
1. All the data and information pertinent to the understanding and judgment of the proposal,
as may be prescribed by the Commission for that purpose so as to assure the fullest practi-
cable presentation of facts for the permanent record; and
2.A notarized statement by at least one of the owners of property within the area
proposed to be changed attesting to the truth and correctness of all facts and infor-
mation presented with the application.
D. Whenever an owner of any land within the City desires a reclassification on property that they do
not own, such as a request to establish a different zoning classification for a block or other group
of properties, they may file with the Planning Department on forms provided by the City for this
purpose an application duly signed by the owners of no less than 51 percent of either the area of
lots or number of lots of the affected property requesting an amendment for such property. When
the application, bearing property owners signatures, is filed with the Department it shall contain or
be accompanied by:
1. All the data and information pertinent to the understanding and judgment of the proposal,
as may be prescribed by the Commission for that purpose so as to assure the fullest practi-
cable presentation of facts for the permanent record; and
2.A notarized statement by at least one of the owners of property within the area
proposed to be changed attesting to the truth and correctness of all facts and infor-
mation presented with the petition.
3. A application containing less than the required number of signatures shall be considered
incomplete and invalid and shall not be processed.
18.70.020 AMENDMENTS AND REZONINGS - INVESTIGATION REQUIREMENTS
Upon initiation of an amendment by the City Commission, Zoning Commission or upon application from
a property owner, the Zoning Commission shall cause to be made an investigation of facts bearing on such
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initiation or application as will provide necessary information to assure that the action of each such appli-
cation is consistent with the intent and purpose of this title. Specifically the investigation must address the
criteria of '76-02-304 MCA which are:
A. Consistency with the City’s growth policy;
B. Lessening of congestion in the streets;
C. Securing safety from fire, panic and other dangers;
D. Promotion of health and the general welfare;
E. Provision of adequate light and air;
F. Prevention of the overcrowding of land;
G. Avoiding undue concentration of population;
H. Facilitating the adequate provision of transportation, water, sewerage, schools, parks and other
public requirements;
I. Reasonable consideration to the character of the district;
J. Reasonable consideration to the peculiar suitability of the property for particular uses;
K. Conserving the value of buildings; and
L. Encouraging the most appropriate use of land throughout the municipality.
18.70.030 PUBLIC HEARING PROCEDURES AND REQUIREMENTS
A. The City Commission and Zoning Commission shall hold public hearings on the matters referred
to in such application at which parties of interest and citizens shall have an opportunity to be
heard.
B. The Planning Director shall give public notice as required by Chapter 18.76, BMC.
C. After such hearing or hearings, the Zoning Commission will make reports and recommendations
on the application to the City Commission.
D. After the Zoning Commission has forwarded a recommendation on the amendment to the zoning
district map, a public hearing shall be held by the City Commission for the purpose of acting upon
the proposed amendment after public notice.
1. In the case of protest against such changes, signed by the owners of 25 percent 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.
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CHAPTER 18.72
SUPPLEMENTARY DOCUMENTS
18.72.010 GENERAL
When required, the supplementary documents described in this chapter shall be submitted in draft form
with the preliminary plat or plan, and signed and notarized with the final plat or plan. The proper notary
block shall be used.
18.72.020 PROPERTY OWNERS ASSOCIATION
A.General. If common property is to be deeded to the property owners association or similar orga-
nization, of if the property owners association will be responsible for the maintenance of the
development’s streets, centers, landscaping in street boulevards, parkland or pathways, property
owners association bylaws or the declaration of covenants, conditions and restrictions shall be
prepared and recorded with the final plat.
B.Bylaws or Covenants, Conditions and Restrictions Contents. The property owners association
bylaws or declaration of covenants, conditions and restrictions shall contain the following infor-
mation:
1.Membership. Automatic and mandatory membership for each property or unit buyer and
any subsequent buyer.
2.Common Land/Facilities. The legal description of the common land and a description of
common facilities.
3.Enforcement. Persons or entities entitled to enforce the restrictions, responsibilities and
payment of assessments, including the City of Bozeman.
4.Perpetual Reservation. Perpetual reservation and limited use of common property.
5.Right to Use. The right of each property or unit owner to use and enjoyment of any
common property or facility.
6.Responsibility. Responsibility for liability insurance, any applicable tax assessments and the
maintenance of any common property or facilities to be placed in the association.
7.Assessments. A mechanism to assess the common expenses for the land or facilities in-
cluding upkeep and maintenance expenses, real estate taxes and insurance premiums. As-
sessments shall require each property or unit owner to pay a pro rata share of the cost of
any common expenses, with any assessment charged by the association becoming a lien
where necessary on individual parcels. Safeguards against unreasonably high charges and
provision to adjust assessments may be provided.
8. A mechanism for resolving disputes among the owners or association members.
9. The conditions and timing of the transfer of ownership and control of land facilities to the
association.
10. Any other matter the developer or the City of Bozeman deems appropriate.
11. In the event it becomes necessary for a property owners association to retain an attorney to
enforce any of the association bylaws or covenants, conditions and restrictions, then the
prevailing party shall be entitled to reasonable attorney’s fees and costs.
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C. If the property owners association fails to install or maintain improvements according to approved
plans, the City may, at its option, complete construction of improvements and/or maintain im-
provements in compliance with '18.72.040 and Chapter 18.74, BMC. The City’s representative,
contractors and engineers shall have the right to enter upon the property and perform such work,
and the property owners association shall permit and secure any additional permission required to
enable them to do so. The City shall bill the property owners association for any costs associated
with the installation or maintenance of improvements.
18.72.030 COVENANTS
The City of Bozeman may require covenants to be recorded with the final plat when it is determined they
are necessary for the protection of the public health, safety and general welfare. All covenants shall be
considered to run with the land. If the covenants are not marked or noted on the final subdivision plat,
they shall be contained in a separate instrument which shall be recorded with the final plat. The covenants
may be required to include, but are not limited to, the following provisions:
A. That all county declared noxious weeds will be controlled.
B. A section addressing agricultural uses of neighboring properties in the following form:
Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept
and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, smoke,
flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and
the use of machinery early in the morning and sometimes late into the evening.
C. That all fences bordering agricultural lands shall be maintained by the landowners in accordance
with state law.
D. The property owners association shall be responsible for the maintenance of subdivision streets,
common open space, centers, pathways, landscaping in street boulevards and/or parks.
E. That any covenant which is required as a condition of the preliminary plat approval and required
by the City Commission may not be amended or revoked without the mutual consent of the
owners in accordance with the amendment procedures in the covenants, and the City Commission.
18.72.040 COMMON AREA AND FACILITY MAINTENANCE PLAN AND GUARANTEE
A.Common Area and Facility Maintenance Plan. The developer shall submit a legal instrument
setting forth a plan providing for the permanent care and maintenance of commonly owned open
spaces, recreational areas, facilities, private streets 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 areas are deeded to a property owners association, the applicant shall record the
proposed documents governing the association at the time of final plat filing. Such documents
shall meet the following requirements:
1. The property owners association must be established before any residences or other prop-
erties are sold;
2. Membership in the association must be mandatory for each property owner with a speci-
fied method of assigning voting rights;
3. Open space restrictions must be permanent and not for a period of years;
4. The property owners association must be made responsible for liability insurance, taxes,
and maintenance of, private streets, open space and other common facilities;
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5. The association must have the power to levy assessments which can become a lien on
individual premises for the purpose of paying the cost of operating and maintaining com-
mon facilities; and
6. The governing board of any such association shall consist of at least five members who
shall be owners of property in the development.
B.Common Area and Facility Maintenance Guarantee. In the event the organization or any succes-
sor organization established to own and maintain commonly owned open spaces, recreational ar-
eas, facilities, private streets, and parking lots, shall at any time fail to maintain the common areas or
facilities in reasonable order and condition in accordance with the approved plan, the City Com-
mission may cause written notice to be served upon such organization or upon the owners of
property in the development. The written notice shall set forth the manner in which the common
areas or facilities have failed to be maintained in reasonable condition. In addition, the notice shall
include the demand that the deficiencies noted be cured within thirty days thereafter and shall state
the date and place of a hearing to be held within fourteen days of the notice. At the time of
hearing, the City Commission may modify the terms of the original notice as to deficiencies and
may extend the time within which the same may be cured. If the deficiencies set forth in the
original notice or modifications are not cured within the time set, the City may enter upon such
common facilities and maintain the same for a period of one year, in order to preserve the taxable
values of properties within the development and to prevent the common facilities from becoming
a public nuisance. Such entry and maintenance shall not vest in the public any right to use the
common facilities not dedicated to public use. Before the one year period expires, the Commission
shall, upon its own initiative or upon written request of the organization theretofore responsible
for maintenance, call a public hearing and give notice of such hearing to the organization respon-
sible for maintenance or the property owners of the development. At the hearing, the organization
responsible for maintenance and/or the residents of the development may show cause why main-
tenance by the City should not be continued for a succeeding year. If the City Commission deter-
mines that it is not necessary for the City to continue such maintenance, the City shall cease such
maintenance at the time established by the City Commission. Otherwise the City shall continue
maintenance for the next succeeding year subject to a similar hearing and determination at the end
of each year thereafter.
1. The cost of maintenance by the City shall be a lien against the common facilities of the
development and the private properties within the development. The City Commission
shall have the right to make assessments against properties in the development on the same
basis that the organization responsible for maintenance of the facilities could make such
assessments. Any unpaid assessment shall be a lien against the property responsible for the
same, enforceable the same as a mortgage against such property. The City may further
foreclose its lien on the common facility by certifying the same to the County Treasurer for
collection as in the case of collection of general property taxes.
2. Should the property owners association request that the City assume permanent responsi-
bility for maintenance of facilities, all facilities shall be brought to City standards prior to
the City assuming responsibility. The assumption of responsibility must be by action of the
City Commission and all costs to bring facilities to City standards shall be the responsibility
of the property owners association. The City may create special financing mechanisms so
that those properties within the area affected by the property owners association continue
to bear the costs of maintenance.
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C.Guarantee for Open Space Preservation. Open space shown on the approved final plan or plat
shall not be used for the construction of any structures not shown on the final plan.
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CHAPTER 18.74
IMPROVEMENTS AND GUARANTEES
18.74.010 PURPOSE AND APPLICABILITY
A. This chapter is to provide standards and procedures relating to the installation of physical im-
provements and compliance with requirements related to development. As these improvements
are necessary to meet requirements of the law and to protect public health, safety and general
welfare and other purposes of this title it is also necessary to provide means by which their instal-
lation can be assured. Such improvements may include, but are not limited to, design elements such
as landscaping, parking facilities, storm drainage facilities, architectural features, pedestrian walk-
ways and public utilities. Furthermore, in some situations it is in the best interest of the person
conducting development to be able to guarantee the completion of certain work and be able to
begin utilization of a development sooner than would otherwise be possible if all improvements
had to be physically installed before use could begin. This chapter therefore has the following
purposes:
1. Ensure completion of required improvements or compliance with other requirements of
development to an acceptable standard;
2. Provide buyer/lessee protection while allowing a person undertaking development to pro-
ceed with sales/leases before the project is totally complete, especially multi-phased projects;
3. Ensure adequate warranty or maintenance, when appropriate, of improvements;
4. Provide for mechanisms to ensure performance of or conformance with conditions of
approval or development requirements; and
5. Accomplish the above listed purposes through mechanisms that reduce the need to rely on
costly litigation to accomplish those purposes.
B. This chapter applies to all subdivisions and site developments as described below.
1. Subdivisions shall install or provide security for installation of improvements prior to final
platting as set forth in detail in this chapter.
2. Site developments including, site plans, conditional use permits, planned unit develop-
ments, reuses and certificates of appropriateness, shall install improvements or provide
security for installation prior to occupancy or commencement of use.
3. The City may determine the nature and timing of required installation of improvements as
part of the subdivision or site development process. When necessary to protect the health,
safety, and general welfare of the public, and ensure the function and viability of develop-
ment, certain needed improvements may not be allowed to be financially guaranteed.
18.74.020 STANDARDS FOR IMPROVEMENTS
A.General. It shall be the responsibility of the developer to comply with the following procedures
and standards for the installation of development improvements.
1.Construction Routes. For all developments, excluding sketch and reuse/further develop-
ment, a construction route map shall be provided showing how materials and heavy equip-
ment will travel to and from the site. The route shall avoid, where possible, local or minor
collector streets or streets where construction traffic would disrupt neighborhood residen-
tial character or pose a threat to public health and safety.
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2.Protection of Existing Improvements. The developer, his contractors and suppliers shall
be jointly and severally responsible to ensure that existing improvements are not damaged
or rendered less useful by the operation of the developer, his contractors or suppliers. Such
protection of improvements may include requirements for cleaning of vehicles leaving a
construction site. This provision is intended to preclude damage to existing roads, streets,
water, sewer and drainage systems. The City Engineer may instruct the developer as to the
streets or roads to be used for access by construction equipment, and the developer shall
be responsible for enforcement of this instruction upon his contractors and their suppliers.
The City of Bozeman may require the developer to post a surety to guarantee repair of
damages.
B.Improvements to be Dedicated to the Public.
1 Plans and Specifications. Engineering and survey plans, specifications and reports required
in connection with public improvements and other elements of the subdivision, or other
development required by the City of Bozeman, shall be prepared by a registered engineer
and/or a registered land surveyor, licensed in the State of Montana, as their respective
licensing laws allow. The plans and specifications shall be prepared in compliance with the
City of Bozeman’s Design Standards and Specifications Policy.
2.Scope of Work. The intent of these regulations is to provide standards by which the
contractor and the developer shall execute their respective responsibilities and guarantee
proper construction and completion in every detail of the work in accordance with the
plans, specifications and terms set forth under these regulations.
a. The developer shall furnish the plans, specifications and typical sections for ap-
proval by the City Engineer. It shall be understood that the work to be done will
not necessarily be limited to occurring within the right-of-way boundaries.
b. The City Engineer shall have authority to make or cause to be made any reasonable
changes, alterations, amendments and additions to the standard specifications for
infrastructure improvements.
3.Control of Work. During the course of construction, and at the completion of each phase
of the project, the developer’s registered civil engineer shall submit a statement that the
improvements have been inspected and found to have been constructed in accordance
with the approved plans and specifications. Prior to making any changes, the developer’s
engineer shall notify and receive written approval or disapproval from the City Engineer
for any changes in approved plans and specifications.
4.Improvement Procedure.
a. Approval of the improvement plans and specifications shall be completed before
installation of improvements or the entering into of an agreement where collateral
is to be provided for the completion of the improvements.
b. The procedure for submittal, review and approval of improvement plans and speci-
fications is contained in the City of Bozeman’s Design Standards and Specifica-
tions Policy, and shall be followed by the developer and/or his contractors.
c. After the preliminary plat has received approval or conditional approval, and be-
fore the final plat is submitted, the developer shall either install the required im-
provements or enter into an agreement with the City of Bozeman financially guar-
anteeing the installation and performance of the improvements.
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d. After the final site plan is approved, subject to '18.74.030.C, BMC, and prior to
occupancy of any buildings, the developer shall either install the required improve-
ments or enter into an agreement with the City of Bozeman financially guarantee-
ing the installation and performance of the improvements.
5.Sanitary Facilities. Water supply, sewage disposal and solid waste disposal systems shall
meet the minimum standards of the City of Bozeman and the Montana Department of
Environmental Quality as required by '76-4-101 through '76-4-135, MCA, and regula-
tions adopted pursuant thereto, and are subject to the approval of the City of Bozeman.
C.Private Improvements. Improvements shall be constructed as shown on the approved final site
plan, final plat, or plans and specifications, as may be applicable. The developer is responsible for
coordinating installation with all necessary parties and to restore to its original condition any public
improvements or any private improvements or property damaged during installation of private
improvements.
18.74.030 COMPLETION OF IMPROVEMENTS
A.General. The applicant shall provide certification by the architect, landscape architect, engineer or
other applicable professional that all improvements to be dedicated to the public were installed in
accordance with the approved site plan, plans and specifications, or plat as applicable. For re-
quired private improvements, the applicant shall generally provide certification by the ar-
chitect, landscape architect, engineer or other applicable professional that all improve-
ments, including but not limited to, landscaping, ADA accessibility requirements, private
infrastructure, or other required elements were installed in accordance with the approved
site plan, plans and specifications, or plat as applicable, unless a waiver of certification in
whole or part is explicitly approved by the DRC.
1.Improvements to be Dedicated to the Public. Improvements to be dedicated to the public,
such as water mains, sewer mains and public streets, shall be installed in accordance with
the approved plans and specifications by the developer, and certified by a registered profes-
sional civil engineer, licensed in the state of Montana, and accepted by the City prior to the
approval of the final plat, building permit, issuance of a certificate of occupancy or other
identified benchmark as may be appropriate. As-built drawings complying with the City of
Bozeman’s Design Standards and Specifications Policy, including timing for submittal of
materials, shall be provided.
a. Public street means a public right-of-way or easement developed to adopted City
standards including, but not limited to, the following improvements: curbs, gutters,
storm drainage, sidewalks, paving, traffic control signage or equipment, and light-
ing.
2.Private Improvements and Other Required Improvements. Improvements, such as but not
limited to, landscaping, paving or irrigation shall be installed in accordance with the ap-
proved preliminary plat or final site plan by the developer and inspected and found to
comply with the City standards or requirements prior to the approval of the final plat,
issuance of a certificate of occupancy for the building(s) or site, or other identified bench-
mark as may be appropriate. All improvements required as part of a subdivision must be
installed and accepted, or financially secured in accordance with an improvements agree-
ment, prior to final plat approval.
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3.Improvements Agreement Required. All improvements necessary or required to meet the
standards of this title or conditions of approval shall be the subject of an improvements
agreement and be guaranteed for final plat approval, occupancy of buildings or other uti-
lization of an approved development is allowed before the improvements are completed
and inspected by the City.
a.Reservation. The City reserves the right to require actual installation of improve-
ments prior to occupancy when such improvements are necessary to provide for
health, safety and welfare or adequate function of systems or onsite development.
B.Completion Time for Subdivisions.
1. All subdivision improvements shall be constructed and completed as approved by the City
Engineer.
a. All improvements shall be installed prior to the issuance of a building permit for
any lot within a subdivision unless otherwise provided for in development propos-
als occurring under the provisions of Chapter 18.36, BMC, Planned Unit Develop-
ment (PUD), when concurrent construction is an identified purpose of the initial
project review, and pursuant to the criteria established in '18.74.030.D, BMC.
b. The subdivider shall meet one of the following requirements for completion of
street improvements. The option SHALL be specified in the preliminary plat sub-
mittal. Should the applicant not identify which option is desired option (1) shall be
required. Altering the choice of option after approval of the development shall
constitute a material modification to the project and require rereview of the project
for modification to the approval subject to the provisions of '18.02.070, BMC.
(1) The subdivision streets improvements shall be installed prior to final plat
approval. This requirement may be modified by the City Engineer for streets
where dictated by circumstances, and where acceptable improvement secu-
rity for the ultimate development of the streets is provided. However,
under no circumstances shall the required gravel courses, curbs or gutters
be waived. This requirement shall generally not be modified for nonresi-
dential developments; or
(2) The subdivider shall enter into an improvements agreement guaranteeing
the completion of the paving, curb, gutter, storm drainage, street lighting
or other street infrastructure improvements not yet completed. The im-
provements agreement shall be financially guaranteed, as explained in this
chapter. However, at a minimum, the plans and specifications for the street
improvements must be approved by the City Engineer prior to final plat
approval. Building permits will not be issued until the street improvements
are completed and accepted by the City of Bozeman unless otherwise pro-
vided for in development proposals occurring under the provisions of
Chapter 18.36, BMC, Planned Unit Development (PUD), and pursuant to
the criteria established in '18.74.030.D, BMC; or
(3) The subdivider may request that street improvements be guaranteed by the
creation of a special improvements district (SID). If a SID is formed for
the improvements, the SID bonds must be sold before the final plat can be
filed. SIDs shall not be permitted for the installation of subdivision water
and sewer improvements. Building permits will not be issued until the street
improvements are completed and accepted by the City of Bozeman unless
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otherwise provided for in development proposals occurring under the pro-
visions of Chapter 18.36, BMC, Planned Unit Development (PUD), and
pursuant to the criteria established in '18.74.030.D, BMC.
2.Sidewalks. City standard sidewalks (including a concrete sidewalk section through all pri-
vate drive approaches) shall be constructed on all public and private street frontages prior
to occupancy of any structure on individual lots. Should a subdivider choose not to install
all sidewalks prior to final plat, an improvements agreement shall be entered into with the
City of Bozeman guaranteeing the completion of all sidewalks within the subdivision within
a three-year period. The developer shall supply the City of Bozeman with an acceptable
method of security equal to 150 percent of these remaining sidewalk improvements.
a. The subdivider shall install sidewalks adjacent to public lands, including but not
limited to, parks, open space, and the intersection of alleys and streets or street
easements. Sidewalks in these areas shall be installed prior to final plat approval, or
shall be subject to an approved improvements agreement and financially guaran-
teed.
b. Upon the third anniversary of the plat recordation of any phase of the subdivision,
any lot owner who has not constructed said sidewalk shall, without further notice,
construct within 30 days, said sidewalk for their lot(s), regardless of whether other
improvements have been made upon the lot.
3.Subdivision Lighting. Subdivision lighting, as required in '18.42.150, BMC shall be incor-
porated into all subdivisions by means of one of the following. The option SHALL be
specified in the preliminary plat submittal. Should the applicant not identify which option
is desired, option b shall be required. Altering the choice of option after approval of the
development shall constitute a material modification to the project and require rereview of
the project for modification to the approval subject to the provisions of '18.02.070, BMC.
a. The subdivider shall install street and pathway lighting throughout the subdivision
in compliance with this section.
OR
b. The subdivider shall participate in a street improvement lighting district (SILD) for
the provision of street and pathway lighting.
Prior to final plat approval, subdivision lighting shall be installed, financially guaranteed, or
a SILD shall be created and the bonds sold. If the subdivision lighting is financially guaran-
teed, they shall be considered as part of the required street improvements and building
permits shall not be issued until the improvements are installed, unless otherwise provided
for in development proposals occurring under the provisions of Chapter 18.36, BMC,
Planned Unit Development (PUD), and pursuant to the criteria established in '18.74.030.D,
BMC.
C.Completion Time for Site Development. Whenever any building lots and/or building sites are
created inside the City limits, and prior to the issuance of any building permits on such lots or sites,
municipal water distribution systems, and municipal sanitary sewer collection systems, and streets
shall be provided to the site. Each building site must utilize and be connected to both the municipal
water distribution and municipal sanitary sewer collection systems. Subject to the provisions of
subsection 1 below, these improvements shall be designed, constructed and installed according to
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the standards and criteria as adopted by the City and approved by both the City Engineer and
Water and Sewer Superintendent prior to the issuance of any building permits.
1. Provision of municipal central water distribution, municipal sanitary sewer collection sys-
tems, and streets means that the criteria in either subsection a or b, and subsection c are
met:
a. Water, sewer and street services are installed and accepted by the City with service
stubs being extended into the site, with such stubs being of adequate size to pro-
vide water and sewer service to the proposed development without modification to
publicly owned infrastructure;
OR
b. The water mains, sewer mains and streets to be extended to provide service to the
development are: located within a publicly dedicated right-of-way or easement;
constructed to City of Bozeman standards; are physically adjacent to the site pro-
posed for construction; are installed and accepted by the City; and are adequate in
capacity to provide necessary service to the proposed development; and comply
with the requirements of this subsection and subsection c below:
c. Water mains, sewer mains and streets shall meet the following requirements.
(1) Any required onsite extensions of water mains, sewer mains or streets to be
dedicated to the public shall be located entirely within publicly held ease-
ments or rights-of-way; shall serve only a single lot; are the subject of an
irrevocable offer of dedication to the City upon completion of the project;
the development is under the control of a single developer who shall retain
control of the entire project until final completion; all work is under the
supervision of a single general contractor; and no subdivision of land is
involved;
(2) The DRC shall determine when the standards of this subsection are met.
The Fire Department must consider whether adequate fire protection ser-
vices are available from existing hydrants, and water supply exists to meet
needs during construction. If adequate fire protection does not exist then
concurrent infrastructure and building construction may only occur under
the provisions of subsection (3) below. Based on evaluation by the Fire
Department, simultaneous construction of infrastructure to be dedicated
to the public and private construction may be permitted only within a de-
fined portion of the site;
(3) Approval of the final engineering design, including location and grade, for
the infrastructure project must be obtained from the Engineering Depart-
ment, and the Montana Department of Environmental Quality when ap-
plicable, prior to issuance of any building permit for the development; and
(4) No occupancy, either temporary or final, may be issued until all onsite and
offsite water and sewer improvements are installed and accepted by the
City.
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D.Exception. When municipal water distribution and municipal sanitary sewer collection systems
and City streets are being provided to serve a development proposal occurring under the provi-
sions of Chapter 18.36, BMC, Planned Unit Development (PUD), the issuance of a building per-
mit may be allowed prior to completion of the public infrastructure, provided that the following
criteria are met:
1. The subject property shall be developed under the provisions of Chapter 18.36, BMC;
2. The subdivider or other developer must enter into an improvements agreement to assure
the installation of required infrastructure and other applicable improvements, to be se-
cured by a financial guarantee in an amount to be determined by the city, with said guaran-
tee to be in the name of the City;
3. Approval of the final engineering design, including location and grade, for the infrastruc-
ture project must be obtained from the Engineering Department, and the Montana De-
partment of Environmental Quality when applicable, prior to issuance of any building
permit for the development;
4. Building permits may be issued incrementally, dependent upon the status of installation of
the infrastructure improvements. All building construction within the PUD shall cease
until required phases of infrastructure improvements as described in the PUD have been
completed, and inspected and accepted by the City;
5. The subdivider shall provide and maintain fire hazard and liability insurance which shall
name the City as an additional insured and such issuance shall not be cancelled without at
least forty-five days prior notice to the City. The subdivider shall furnish evidence, satisfac-
tory to the City, of all such policies and the effective dates thereof;
6. The subdivider recognizes, acknowledges and assumes the increased risk of loss because
certain public services do not exist at the site;
7. The subdivider shall enter into an agreement with the City which provides for predeter-
mined infrastructure funding options;
8. No occupancy of any structures or commencement of any use constructed or proposed
within the boundaries of the PUD will be allowed until required infrastructure improve-
ments have been completed, and inspected and accepted by the City, and a certificate of
occupancy has been issued;
a. No occupancy of structures or commencement of any use shall occur when such
action would constitute a safety hazard in the opinion of the City;
9. The subdivider shall enter into an agreement with the City to address the provision of any
services on an interim basis during construction, if deemed appropriate;
10. The subdivider shall execute a hold harmless and indemnification agreement indemnify-
ing, defending and holding harmless the City, its employees, agents and assigns from and
against any and all liabilities, loss, claims, causes of action, judgments and damages result-
ing from or arising out of the issuance of a building permit under this section;
11. The subdivider shall pay for any extraordinary costs associated with the project which the
City may identify, including, but not limited to, additional staff hours to oversee the plan-
ning, engineering and construction of the project and infrastructure improvements, in-
spection of the infrastructure improvements and any extraordinary administrative costs;
and
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12. The development shall be under the control of a single developer and all work shall be
under the supervision of a single general contractor.
E. Notwithstanding the provisions of Section D above, the City may limit the scope, type and number
of projects eligible for simultaneous construction consideration.
18.74.040 SPECIAL PROVISIONS FOR TIMING OF CERTAIN IMPROVEMENTS
A.Park, Pathway, and Boulevard Improvements.
1. These required improvements shall be installed, or subject to an approved improvements
agreement and financially guaranteed, prior to final plat approval or occupancy of a build-
ing subject to development review, excluding sketch plans.
2. Due to seasonal considerations, building and occupancy permits may be issued prior to
installation of these improvements as long as the improvements are subject to an approved
improvements agreement and are financially guaranteed.
B.Neighborhood Center Improvements.
1. With the exception of neighborhood commercial and civic buildings and their grounds,
neighborhood center improvements shall be installed, or subject to an approved improve-
ments agreement and financially guaranteed, prior to final plat approval.
2. Due to seasonal considerations, building and occupancy permits may be issued prior to
installation of improvements related to greens, plazas and squares as long as the improve-
ments are subject to an approved improvements agreement and are financially guaranteed.
18.74.050 ACCEPTANCE OF IMPROVEMENTS
A.Improvements Dedicated to the Public.
1.Acceptance of Street, Road, and Bridge Improvements. Before any subdivision street,
whether new or existing, can be accepted into the City street system by the City of Bozeman,
it shall be built to meet or exceed the required standards. Any improvements made to
County roads shall meet or exceed standards set by the County Road Office, and must be
reviewed and approved by the County Road Office. Any bridge improvement, within the
City or the County, shall meet or exceed standards set by the Montana Department of
Transportation, and must be reviewed and approved by the County Road Office and the
City of Bozeman, and accepted by the County Road Office into the County’s bridge main-
tenance system.
2.Acceptance of Water, Sewer, and Storm Drainage Improvements. Before any public wa-
ter, sewer or storm drainage improvement, whether new or existing, can be accepted into
the City system by the City of Bozeman, it shall be built to meet or exceed the required
standards. Any improvement, within the City or County, shall meet or exceed standards set
by the City of Bozeman, Montana Department of Environmental Quality and County
Road Office, and must be reviewed and approved by the City of Bozeman and the County
Road Office, as applicable.
3.As-Built Record Drawings. As-built record drawings of all public infrastructure improve-
ments constructed within the City of Bozeman, drawn to the specifications required by the
Engineering Department, shall be submitted prior to final plat approval, per '8.94.3003(3.g),
ARM, or other relevant final benchmark for site development.
74-9
4. The City may require verification that all liens have been released and payments made prior
to accepting dedication of improvements.
B.Private Improvements. The DRC and/or ADR or their representative shall conduct an “as-built”
inspection to verify compliance and shall sign off on a certificate of occupancy, final plat or other
conclusionary action if all terms and details of the approval are complied with. Except as provided
for in '18.74.060 of this chapter, no final plat approval or occupancy shall be permitted, or certifi-
cate of occupancy issued, unless the terms and details of an approved plat, site or sketch plan are
met. Prior to grant of occupancy, the developer shall certify the completion of the improvements
as required in '18.74.030.A, BMC.
18.74.060 IMPROVEMENTS AGREEMENTS
A.Required When.
1. When occupancy of a development subject to zoning review will commence prior to comple-
tion of all required site improvements, generally excluding sketch plans; or
2. When a subdivision is to be granted final plat approval prior to the completion of all
required improvements, the applicant shall enter into an improvements agreement with the
City.
3. At the discretion of the Planning Director, certain projects receiving a certificate of appro-
priateness may be required to enter into an improvements agreement with the City at the
time of final approval of the certificate of appropriateness.
B. If an improvements agreement is used to guarantee the completion of required improvements,
including infrastructure, it may allow for the staged installation of improvements in defined areas
and in accordance with an approved time schedule. At the City’s discretion, the improvements in a
prior increment may be required to be completed or the payment or guarantee of payment for
costs of the improvements incurred in a prior increment must be satisfied before development of
future increments.
1. If an improvements agreement is filed with the final subdivision plat to secure infrastruc-
ture improvements, a separate document shall be filed with the final plat that clearly states
that building permits will not be issued until all water, sewer, storm drainage infrastructure
and streets are installed and accepted. This requirement may be modified by the City Engi-
neer for streets where dictated by circumstances, and where acceptable improvement secu-
rity for the ultimate development of the streets is provided. However, under no circum-
stances shall the required gravel courses, curbs or gutters be waived. This requirement shall
generally not be modified for nonresidential developments. No building permits will be
issued for a subdivision within the City until all required water, sewer, storm drain-
age and street gravel courses are installed and accepted unless otherwise provided
for in development proposals occurring under the provisions of Chapter 18.36, BMC,
Planned Unit Development (PUD), and pursuant to the criteria established in
'18.74.030.D, BMC.
C.Standards for Improvements Agreements.
1.All Agreements. All improvements agreements shall meet the following standards:
a. The agreement and security shall be satisfactory to the City Attorney as to form
and manner of execution;
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b. Detailed cost estimates and construction plans of all required on-site and off-site
improvements shall be made a part of the agreement;
c. Provide for security in the amount equal to 150 percent of the estimated cost of
the improvements to be secured if the agreement is to be activated;
d. The term for the security referenced in section c above shall be not less than the
length of time of the improvements agreement;
d. The agreement shall provide for the City to claim the guarantee by certifying that
the developer is in default of the performance to be secured;
e. Requests for partial release of security shall only be in amounts such that the secu-
rity will always equal 150 percent of the value of the remaining uncompleted
work, and such that not more than 90 percent of the security is released prior to
completion of all improvements. The City may take into account the location and
scope of development phases in evaluating requests to reduce the amount of a
financial guarantee. The City may require verification that all liens have been re-
leased and payments made prior to releasing a portion of the security;
f. Shall provide for the City to require a replacement security in the event the issuer
of the security becomes insolvent, enters receivership, or otherwise gives cause for
the City to lack confidence in the ability of the issuer to honor the security;
g. Shall permit the City in the event of default by the developer to include in the costs
to be recovered from the security those costs resulting from the need to call in the
security, including but not limited to costs for the City Attorney’s time; and
h. The financial security shall be placed in the keeping of the City Treasurer.
2.Subdivisions. Improvements agreements for subdivisions shall meet the following stan-
dards in addition to those listed in subsection C.1 above:
a. The length of time of the agreement shall not exceed 1 year from the date of final
plat approval. The agreement shall stipulate the time schedule the subdivider pro-
poses for accomplishing the required improvements;
b. The estimated cost of improvements shall be provided by the subdivider’s profes-
sional engineer. The City Engineer has the discretion to require a second estimate
of the cost of improvements, with the cost of obtaining the second estimate borne
by the subdivider. The agreement shall stipulate which type of security arrange-
ments will be used;
c. Security for improvements for internal subdivision streets, water, storm drainage
and sewer mains, shall be reduced only upon recommendation of the City Engi-
neer;
d Security for improvements other than internal subdivision streets, water, storm
drainage and sewer mains, shall be reduced only upon recommendation of the City
Engineer and approval by the City Commission, upon request by the subdivider;
e. The improvements agreement shall be filed with the final plat; and
f. The security provided shall be a financial security valid for eighteen months.
3.Site Development. Improvements agreements for developments other than subdivisions
shall meet the following standards in addition to those listed in subsection C.1 above:
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a. If occupancy of the structure or commencement of the use is to occur prior to
installation of the required improvements, the installation of those improvements
must be secured in conformance with the requirements of this chapter;
b. The length of time of the agreement and method of security shall not be less than
twelve months;
c. All secured improvements must be completed by the developer within nine months
of occupancy or the security shall be forfeited to the City for the purpose of in-
stalling or contracting for the installation of the required improvements;
d. At the Planning Director’s discretion, a developer may be permitted to extend the
manner of security, in general for a period not to exceed 1 additional year. Factors
such as, but not limited to, progress of installation achieved to date and phasing of
projects may be considered;
e. The DRC and/or ADR shall determine which, if any, of the required improve-
ments must be installed prior to occupancy, regardless of the use of a secured
improvements agreement. Such determination shall be based on a finding that un-
safe or hazardous conditions will be created or perpetuated without the installation
of certain improvements or that the property will have an unacceptable adverse
impact on adjoining properties until such improvements are installed;
(1) Generally, items such as walkways and signage necessary for ADA compli-
ance, parking surfaces adequate to meet the needs of the uses to be con-
ducted during the term of the improvements agreement, or matters related
to life safety are required to be installed prior to any occupancy; and
f. When all provisions are met for occupancy of a facility or commencement of a use
prior to the installation of all improvements, and adequate security has been pro-
vided in accordance with the terms of an improvements agreement, the building
official may issue a temporary certificate of occupancy which allows occupancy of
the facility on a temporary basis for a period not to exceed nine months. When all
required improvements are installed in compliance with all terms and details of the
site or sketch plan approval, the temporary occupancy permit shall be withdrawn
and a permanent certificate of occupancy shall be issued according to the provi-
sions of this chapter.
D. Notwithstanding the provisions of this section, the City may limit the scope, type and number of
improvements eligible for being secured by an improvements agreement and require installation
prior to final plat approval, issuance of building permits, occupancy or other similar actions.
E. The Planning Director shall be responsible to sign improvements agreements on behalf of the
City.
F. When an improvements agreement is used to allow the filing of a final plat prior to the completion
of infrastructure, a notice of improvements agreement shall be recorded along with the plat which
indicates that certain infrastructure work is still not complete and identifying that work. When the
work has been completed and is accepted by the City as complete, the City shall record a notice of
completion stating that the work that was the subject of the improvements agreement is complete.
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18.74.070 PAYMENT FOR EXTENSION OF CAPITAL FACILITIES
The City of Bozeman may require a subdivider or other site developer to pay or guarantee payment for
part or all of the costs of extending capital facilities related to public health and safety, including but not
limited to public roads or streets, sewer mains, water supply mains and stormwater facilities for a subdivi-
sion. The costs must reasonably reflect the expected impacts directly attributable to the subdivision. The
city may not require a subdivider or other site developer to pay or guarantee payment for part or all of the
costs of constructing or extending capital facilities related to education.
18.74.080 TYPES OF ACCEPTABLE SECURITIES
A.Financial Securities. A variety of means of providing for the security of improvements agree-
ments, ensuring adequate maintenance of required improvements and ensuring compliance with
conditions of approval for various developments may be allowed. One or more of the following
instruments may be used to provide a financial security for improvements to be completed. The
method, terms and amount of security must be acceptable to the City. Financial security is the
primary method to provide security for installation of physical improvements.
1. Direct payment of cash to the City;
2. Irrevocable letters of credit;
3. Cash escrows held by the City, or held by an approved escrow agent and subject to an
executed escrow agreement; or
4. Performance bonds, in limited circumstances and subject to approval by the City Attorney.
B.Nonfinancial Securities. In addition to the possible financial securities listed above, the following
nonfinancial securities may be used to ensure compliance with conditions of approval, ensure
maintenance of required improvements and coordinate timing of development. When deemed
appropriate, the City may use nonfinancial security methods in combination with a financial secu-
rity method.
1. Granting of final permits;
2. Sequential approval of multi-phased projects, with subsequent phases to not receive ap-
proval until prior approved phases have complied with all requirements;
3. Formation of a special improvement or maintenance district. This method shall not be
considered completed until after all final actions have occurred and the district is in exist-
ence and the bonds sold;
4. Establishment of a property owners association with City enforceable duties to maintain
certain improvements;
5. Irrevocable offer of dedication of improvements to be dedicated to the public after comple-
tion of the project; and
6. Recording of a special restrictive covenant or deed restriction which may only be released
by written agreement of the City.
18.74.090 DEVELOPMENT OR MAINTENANCE OF COMMON AREAS AND FACILITIES
BY DEVELOPER OR PROPERTY OWNERS ASSOCIATION
A.General. For the purposes of this section, “common areas and facilities” include:
1. Public and/or private parkland;
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2. Boulevard strips in public rights-of-way along external subdivision streets and adjacent to
parks and/or open space;
3. Common open space;
4. Neighborhood centers (except for neighborhood commercial and civic uses and their
grounds); and
5. Pathways.
B.Development. If common areas or facilities will be developed by the subdivider or by a property
owners association, a development plan shall be submitted with the preliminary plat application for
review and approval. The development plan shall be reviewed and approved by the City prior to
the installation of improvements in common areas or the installation of common facilities. An
approved park master plan would satisfy this requirement.
1.Landscaping. When landscaping will be installed in parkland, boulevard strips or common
open space, the development plan shall be accompanied by a landscaping plan that was
prepared by a qualified landscaping professional. When landscaping in common areas is
installed by the subdivider, the subdivider shall warrant against defects in these improve-
ments for a period of two years from the date of installation of the landscaping.
2.Tree Permits. If trees will be planted in dedicated City parkland or boulevard strips, tree
planting permits shall be obtained from the Forestry Department.
C.Maintenance. When common areas or facilities will be maintained by the subdivider or by a prop-
erty owners association, a maintenance plan that complies with '18.72.040, BMC shall be submit-
ted with the preliminary plat application for review and approval. The maintenance plan shall
include a maintenance schedule, and a mechanism to assess and enforce the common expenses for
the common area or facility. The maintenance plan shall be included in the subdivision covenants.
The developer shall provide all necessary maintenance until the improvements are transferred to
the City, a property owners association, or other final custodian. The provisions of '18.72.040.B,
BMC apply to this section.
1.Landscaping Warranty. Any required or proposed landscaping must be maintained in a
healthy, growing condition at all times. Any plant that dies must be replaced with another
living plant that complies with the approved landscape plan.
2.Shade Tree Maintenance. The Forestry Department shall be responsible for the mainte-
nance of shade trees in all City rights-of-way and on City property, including parks.
18.74.100 WARRANTY
All publicly dedicated improvements shall be subject to a warranty of duration and scope to meet the City
of Bozeman’s Design Standards and Specifications Manual.
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76-1
CHAPTER 18.76
NOTICING
18.76.010 PURPOSE
It is the intent of this chapter to provide for adequate notice of governmental actions to those affected by
such actions. Notice is required in order for citizens to participate in decision making which affects their
interests and provides opportunity to receive information pertinent to an application that would not other-
wise be available to the decision maker. In establishing standards for providing such notice, the need for
expeditious processing of applications is also recognized.
18.76.020 CONTENTS OF NOTICE
A. The following elements shall be included in notices issued pursuant to this title:
1. Address of the property, or its location by approximate distances from the nearest major
street intersections, or other description to identify the affected property;
2. Legal description of the property;
3. The name and address of the applicant;
4. The name and address of the owner of record;
5. The number, date, time and place of all relevant scheduled public hearings by the City
Commission, Planning Board or Zoning Commission, meetings of other review bodies
established by this title at which final decisions shall be made, or the date of any final public
comment deadline;
6. A description of how and where additional information regarding the action may be ob-
tained; and
7. A brief description of the subject of the notice.
B. The following additional elements shall be included in all notices required for site plans, master site
plans, certificates of appropriateness, conditional use permits, planned unit developments, devia-
tions, variances and subdivisions:
1. A map of the area in question so as to indicate its general location and proximity to sur-
rounding properties; and
2. A reference to the appeals process for this title for notices regarding projects where the
City Commission will not be making the final decision.
C. The following additional elements shall be included in all notices required for text amendments to
this title:
1. A summary explanation of the intent of the change, with reference to the exact text being
available for public review.
D. The applicant shall provide for the purposes of noticing a list of names and addresses of property
owners within 200 feet of the site, using the most current known property owners of record as
shown in the records of the County Clerk and Recorder’s Office and stamped, unsealed envelopes
(with no return address) addressed with names of above property owners, and/or labels with the
names of the above property owners, as specified on the appropriate application.
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18.76.030 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING
A. The following minimum standards for timing, location of noticing area and type of notice shall be
provided. Noticing provisions are cumulative with the maximum combination of noticing require-
ments being provided. When more than one newspaper notice is required, only one of the re-
quired publication dates must fall within the minimum and maximum days required.
B. If for some reason a required property owner fails to receive mail notification of a scheduled
public hearing, or if one or more of the required posted signs in the area or on the site for which
the public hearing is being held is inadvertently moved through no fault of the City, this in no way
shall invalidate the legal notice requirements of the scheduled public hearing.
C. Notice may also be provided to property owners in any additional area that may be substantially
impacted by the proposed change or use as determined by the Planning Director.
Table 76-1
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76-3
1The distance from the exterior property boundary of the site to all or part of another parcel of land whose owners must be notified of a governmental
action. This distance includes the width of a right-of-way or other public ownership.
2Zone Map Amendment, Chapter 18.70, BMC.
3Posting and mailing only applies to appeals taken from actions to approve, approve with conditions or deny a development proposal and not to appeals
of administrative interpretations.
4Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition of contributing structures in the neighborhood conserva-
tion overlay district, or modification of wetlands.
5Planned Unit Development, Chapter 18.36, BMC.
6Conditional Use Permit, Chapter 18.34, BMC.
7Certificate of Appropriateness, Chapters 18.28 and 18.30, BMC.
8When newspaper notice is required the notice shall be published in a newspaper of general circulation.
9Mail by 1st class to all landowners within 200 feet except those subject to certified mail.
10Certified mail must be sent to recorded purchasers under contract for deed in addition to owners of physically contiguous property and the subdivider.
11 Notices of Violation subject to '18.64.150.E, BMC.
18.76.040 NOTICE OF CITY APPROVAL WITHIN NEIGHBORHOOD CONSERVATION
AND ENTRYWAY OVERLAY DISTRICTS
In order to inform adjacent property owners and residents that an application within an overlay district has
been approved by the City, any site approved for construction or alterations within an overlay district shall
be posted with a notice supplied by the Planning Department. The notice shall be posted in a conspicuous
place on the site before any construction begins and may be removed when the project is substantially
complete. The notice shall specify the name of the owner of record, the address of the property, a descrip-
tion of the scope of work approved and the date of City approval.
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76-4
80-1
CHAPTER 18.80
DEFINITIONS
18.80.010 DEFINITION OF TERMS AND INTERPRETATION OF LANGUAGE
A. All words in this title shall be first defined as provided in this chapter and, if not defined herein,
shall be defined as in the latest edition of ‘The Illustrated Book of Development Definitions’ by
Harvey S. Moskowitz and Carl G. Lindbloom, and if not defined in ‘The Illustrated Book of
Development Definitions’, shall have their customary dictionary definitions.
B. Words used in the present tense include the future tense; words used in the singular include the
plural, and words used in the plural include the singular; the word “shall” is always mandatory, the
word “person” includes a firm, association, organization, partnership, trust, corporation or com-
pany, as well as an individual; the word “lot” includes the words “plot” or “parcel”; the word
“building” includes the word “structure”; the words “used” or “occupied,” as applied to any land
or building, shall be construed to include the word “intended, arranged, or designed to be used or
occupied”; the words “map” or “zoning map” mean the zoning map(s) of the City that delineate
the area to be governed by these regulations.
C. For the purposes of this title certain words and terms used herein are defined as follows:
18.80.020 ACCESS OR ACCESS WAY
The place, means or way by which pedestrians and vehicles shall have adequate and usable ingress and
egress to property or use as required by this title.
18.80.030 ACCESSORY BUILDING OR USE
A subordinate building, or portion of the principal building, located on the same lot as the principal
building, or a subordinate use of land, either of which is customarily incidental to the principal building or
to the principal use of land. Where part of an accessory building is connected to part of the principal
building by a common wall, such accessory building shall be counted as part of the principal building.
Individual public utility installations above ground are considered accessory buildings.
18.80.040 ADMINISTRATIVE DESIGN REVIEW (ADR) STAFF
Certain members of the planning staff charged with the design review, as defined in this chapter, of
certain plans and proposals as specified in this title. The organization, composition and procedures of the
administrative design review staff are subject to the requirements of Chapter 18.62, BMC.
18.80.050 ADULT BUSINESS
An establishment which advertises, trades, exchanges, transfers, sells, presents, shows, offers or exhibits
materials, activities, reproductions, likenesses, services and/or objects defined as obscene by '45-8-201(2),
MCA. Adult business as defined in this section shall include, but need not be limited to, adult bookstores,
adult motion picture theaters, rap studios, massage parlors, exotic dance studios, nude art studios, nude
photographic studios and nude body painting studios.
18.80.060 AFFORDABLE HOUSING
Housing for persons earning less than 65 percent of the area’s annual median income for rental housing
and 100 percent of the area’s annual median income for purchased housing. Further, affordable housing
does not require greater than 30 percent of the household gross annual median income for housing.
80-2
Annual median income is defined by the Department of Housing and Urban Development. Affordable
housing is subject to the City’s affordable housing policy.
18.80.070 AGGRIEVED PERSON
A person, as defined in this chapter, who has a specific, personal and legal interest in the final decision of
an agency, board or commission, as distinguished from a general interest such as is the concern of all
members of the community, and which interest would be specifically and personally prejudiced by the
decision or benefited by its reversal.
18.80.080 AGRICULTURAL ACTIVITY
The cultivation or tilling of soil for the purpose of producing vegetative materials for sale or for use in a
commercial operation and/or the raising or tending of animals for commercial sale or use. Agriculture
does not include gardening for personal use, keeping of house pets or landscaping for aesthetic purposes.
18.80.090 AGRICULTURAL WATER USER FACILITY
Those facilities, which include but are not limited to ditches, pipes, and other water conveying facilities,
which provide water for irrigation and stock watering on agricultural lands, with said lands being defined in
'15.7.202, MCA.
18.80.100 ALLEY
A permanent public thoroughfare providing a secondary means of access to abutting lands.
18.80.110 ALIQUOT PART
An equal division of a government section in quarters as described by the ‘Manual for the Survey of the
Public Lands of the United States.’
18.80.120 ALTERATION
Any act or process, except repair and light construction as defined herein, that changes one or more of the
architectural features of a structure or site, including, but not limited to, the erection, construction, recon-
struction, 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 fre-
quented by the general public, provided said public or private property is located within a designated
historic district or listed individually on the National Register of Historic Places. However, changes upon
interior elements of private residences, regardless of their location or historic status, shall not be consid-
ered alterations as defined in this section. Alteration further means any change or addition to a structure
within a floodplain that either increases its exterior dimensions or increases its potential flood hazard.
18.80.130 ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical treatment and are cared for during the time of
such treatment. Outside pens, kennels or runs are not permitted as part of an animal hospital operation.
Short term interior boarding is permitted.
18.80.140 ANTENNA
One or more rods, panels, discs or similar devices used for the transmission or reception of radio fre-
quency signals, which may include omnidirectional antenna (rod), directional antenna (panel) and parabolic
antenna (disc).
80-3
18.80.150 APARTMENT
A habitable room or suite of two or more habitable rooms meeting the requirements of the City’s adopted
International Building Code, located in an apartment building or used for residential purposes in nonresi-
dential districts, as specified in this title. Efficiency units shall qualify as an apartment under this definition.
18.80.160 APARTMENT BUILDING
A building other than a hotel or motel containing five or more dwelling units.
18.80.170 APPELLANT
An aggrieved person who has appealed the decision of an agency, board or commission to another body
designated herein by the filing of a notice of appeal.
18.80.180 APPLICANT
The person(s) who, or organization which, submitted the application to the agency, board or commission
for approval, or the person(s) who, or organization which, submitted the application to the agency, board
or commission whose decision has been appealed.
18.80.190 ARCHITECTURAL APPEARANCE
The architectural character and general composition of a structure, including but not limited to, the kind
and texture of the building’s materials and the type, design and character of all windows, doors, light
fixtures, signs and appurtenant exterior elements; and, interior architectural detail including, but not lim-
ited to, floors, fixtures, hardware, ornamentation and other elements that contribute to the building’s archi-
tectural or historical significance.
18.80.200 AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within the community subject to inundation by a one percent or greater chance
of flooding in any given year, i.e., the 100-year floodplain.
18.80.210 AREA OF SIGNS
The area of a sign that shall be computed by enclosing the entire area within any type of perimeter or
border which may enclose the outer limits of any writing, representation, emblem, figure or character
together with any other material or color forming an integral part of the display or used to differentiate
such sign from a building on which it is placed. The area of a sign having no such perimeter shall be
computed by enclosing the entire area within parallelograms, triangles, or circles in a size sufficient to cover
the entire area of the sign copy and computing the size of such area. In the case of a two-sided sign, the
area shall be computed as including only the maximum single display surface which is visible from any
ground position at one time. If the angle between the two sign faces is greater than 45 degrees, the sign
area will be the sum of the areas of the two faces. The supports or uprights on which any sign is supported
should not be included in determining the sign area unless such supports or uprights are designed in such
a manner as to form an integral background of the sign. In the case of any spherical, conical, or cylindrical
sign, one-half of the total surface area shall be computed as the area of the sign.
18.80.220 ARTIFICIAL LOT
An area within a legally existing lot that is delineated by the Planning Director for the sole purpose of
satisfying the landscaping requirements of this title.
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18.80.230 ARTIFICIAL OBSTRUCTION - DEVELOPMENT
Any obstruction which is not natural and includes any dam, diversion, wall, bank stabilization method,
embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge,
conduit, culvert, building, refuse, automobile body, fill or other analogous structure or matter in, along,
across or projecting into any 100-year floodplain which may impede, retard or alter the pattern of flow of
water, either in itself or by catching or collecting debris carried by the water, or that is placed where the
natural flow of water would carry the same downstream to the damage or detriment of either life or
property.
18.80.240 ARTS AND ENTERTAINMENT CENTER
A structure or facility for the presentation of the performing arts, including indoor motion picture the-
aters; theaters for live performances; indoor concert halls; studios for arts education, such as dance or
painting; arcades; bowling alleys or pool halls. Arts and entertainment center does not include any business
meeting the definition of adult business as defined by this title.
18.80.250 AUTOMOBILE FUEL SALES OR REPAIR
The use of a site for the direct sale of fuel to the end user, or for the repair of automobiles, noncommercial
trucks, motorcycles, motorhomes, recreational vehicles or boats. This includes the sale and on-site installa-
tion of parts, wheel and brake shops, body and fender shops, and similar repair and service activities, but
excludes dismantling or salvage.
18.80.260 AUTOMOBILE REDUCTION YARD
Any area of land where two or more motor vehicles not in running condition and/or two or more unli-
censed motor vehicles, or parts thereof, are stored in the open and are not being restored to operation; or
any land, building or structure used for the wrecking, dismantling, storage or abandonment of motor
vehicles or parts thereof.
18.80.270 AUTO SALVAGE YARD
A junkyard primarily containing inoperable vehicles for purposes of being dismantled and sold as parts.
18.80.280 AUTOMOBILE WASHING ESTABLISHMENT
A building which has its primary purpose as washing automobiles. Such facilities shall be considered inci-
dental to automobile service stations if not more than one auto may be washed at one time and if the
service station is clearly the principal use.
18.80.290 AWNING
A roof-like structure, which is generally composed of a skeletal frame, covered in a fabric or other skin-
type material, and typically open on the bottom side, which projects beyond a building or extending along
and projecting beyond the wall of the building. For the purposes of this title a sign on an awning shall be
considered to be a wall sign.
18.80.300 BANNER
Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a
permanent frame at one or more edges. A single one of each national, state or municipal flags, or the
official flag of any institution or business shall not be considered banners.
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18.80.310 BAR (TAVERN, COCKTAIL LOUNGE)
An establishment where alcoholic beverages are served on premises and where the total sales of alcohol
exceeds the total sales of food.
18.80.320 BASE FLOOD
A flood having a one percent chance of being equalled or exceeded in any given year. A base flood is the
same as a 100-year flood.
18.80.330 BASE FLOOD ELEVATION
The elevation above sea level of the base flood in relation to National Geodetic Vertical Datum of 1929
unless otherwise specified in the flood hazard study.
18.80.340 BASEMENT
A portion of a building located partly underground but having not less than half its floor-to-ceiling height
below the average grade of the adjoining ground.
18.80.350 BEACON
Any light with one or more beams directed into the atmosphere or directed at one or more points not on
the same zone lot as the light source; also, any light with one or more beams that rotate or move.
18.80.360 BED AND BREAKFAST HOME
A single-household dwelling which remains owner-occupied at all times providing one or more guest
rooms for compensation, and where food service is limited to breakfast which may be served to overnight
guests only.
18.80.370 BUILDING
Any structure having enclosed space and a roof for the housing and/or enclosure of persons, animals or
chattels.
18.80.380 BUILDING AREA
The maximum horizontal projected area of the principal and accessory building(s), excluding open steps,
terraces, and architectural appurtenances projecting not more than 2 feet. Building area, as that portion of
a lot upon which construction is permitted, is that area of a lot that lies within the boundaries of the front,
side and rear yard setback requirements measured from the actual lot line.
18.80.390 BUILDING ENVELOPE
The three-dimensional volume on a lot lying between the front, side and rear yard setback lines and be-
tween ground level and the maximum allowable building height, amounting to the area available for poten-
tial building construction.
18.80.400 BUILDING FRONTAGE
The maximum dimension of the building front measured on a straight line parallel to the street, but
excluding facades facing alleys or driveways.
18.80.410 BUILDING HEIGHT
The vertical distance measured from grade as defined in this section to the highest point on the roof or
parapet wall. Where a building utilizes multiple roof styles or pitches, the highest point of each type of
roof or parapet wall shall be in conformance with applicable height regulations as established for the
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respective roof pitches in each zoning district. Where the vertical difference between grade as defined in
this section is greater than 2 feet between opposite elevations of the building, the height of the building
may be increased by 1 foot for every 1 foot in grade difference up to a maximum of 6 additional feet.
18.80.420 BUILDING, PRINCIPAL
A building in which is conducted the main, or principal, use of the lot on which the building is situated.
18.80.430 BUSINESS
Engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services; the mainte-
nance or operation of offices or recreational or amusement enterprises.
18.80.440 CANOPY
Any open, permanent roof-like accessory structure which is not attached or part of a principal building.
18.80.450 CANOPY TREE
A species of tree which normally bears crown foliage no lower than 6 feet above ground level upon
maturity.
18.80.460 CARPORT
A structure, open on at least two sides, consisting of a roof and either walls or columns for the purpose of
housing automotive vehicles and other chattels. The structure shall be considered as an accessory building
when detached from the principal building and as a part of the principal building when attached to the
principal building along one or more sides of the carport or principal building.
18.80.470 CASINO
A. An establishment whose primary use or activity is gambling, either in the form of gambling ma-
chines (video poker, keno, etc.), card games or other licensed gambling activity. A casino will
normally have beverage and restaurant facilities as accessory uses. In all instances, an establishment
will be considered a casino for the purpose of these regulations if any of the following character-
istics apply:
1. The establishment is referenced as a casino by signage, advertisement or by name;
2. More than one card table is on the premises; and/or
3. Fifteen or more gambling machines are on the premises.
B. An applicant for a casino establishment must obtain a Montana state license to sell alcoholic bev-
erages for consumption on the premises.
18.80.480 CEMETERY
Land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mauso-
leums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
18.80.490 CERTIFICATE OF APPROPRIATENESS
A permit issued by the pertinent review authority indicating its approval of plans to alter or construct a
structure or alter a site within the Neighborhood Conservation Overlay District or Entryway Overlay
District.
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18.80.500 CERTIFICATE OF SURVEY
A drawing of a field survey prepared by a registered land surveyor for the purpose of disclosing facts
pertaining to boundary locations.
18.80.510 CHILD
A person under twelve years of age.
18.80.520 CHURCH
A building, together with its accessory buildings and uses, where persons regularly assemble for religious
worship, and which building, together with its accessory buildings and uses, is maintained and controlled
by a religious body organized to sustain public worship.
18.80.530 CITY
The City of Bozeman.
18.80.540 CITY COMMISSION
The governing body of the City of Bozeman.
18.80.550 CIVIC USE
Public buildings or uses, including but not limited to, college/university facilities, congregate postal facili-
ties, schools, government offices, libraries, assembly uses, police stations, and fire stations.
18.80.560 CLUB, PRIVATE (NONPROFIT)
A nonprofit association of persons who are bona fide members, paying annual dues, which owns, hires or
leases a building, or a portion thereof, the use of such premises being restricted to members and their
guests.
18.80.570 CO-LOCATION
The placement of an antenna by two or more wireless service providers on a common antenna-supporting
structure, or the addition or replacement of antennas on an existing structure. The term does not include
roof-mounted or surface-mounted wireless facilities or the placement of other antenna on an amateur
radio antenna.
18.80.580 COMMERCIAL MESSAGE
Any sign, wording, logo or other representation that directly or indirectly names, advertises or calls atten-
tion to a business, product, service or other commercial activity.
18.80.590 COMMERCIAL NODE
A commercial node is an area meeting all of the following conditions:
1. Designated as Community Commercial in the land use section of the City’s adopted growth policy;
2. Designated as a B-2 zoning district; and
3. Located in one of the four following locations:
a. Northwest of the intersection of Stucky Road and South 19th Avenue to the limits as
shown on the future land use map contained in the adopted growth policy,
b. East of Highland Boulevard across from the Bozeman Deaconess Hospital to the limits as
shown on the future land use map contained in the adopted growth policy,
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c. South of West Main Street across from the Gallatin Valley Mall to the limits as shown on
the future land use map contained in the adopted growth policy,
d. Northwest of the intersection of Baxter Lane and Davis Lane to the limits as shown on the
future land use map contained in the adopted growth policy.
18.80.600 COMMON OPEN SPACE
Undeveloped land within a subdivision that has been designated, dedicated, reserved or restricted in perpe-
tuity from further development and is set aside for the use and enjoyment by residents of the development.
Common open space shall not be part of individual residential lots. It shall be substantially free of struc-
tures, but may contain historic structures and archaeological sites, and/or recreational facilities for resi-
dents, including but not limited to benches, picnic tables and interpretive signage as indicated on an ap-
proved development plan. Stormwater control facilities for the benefit of the subdivision may also be
located within common open space.
18.80.610 COMMON OWNERSHIP
Ownership by the same person, corporation, firm, entity, partnership or unincorporated association; or
ownership by different corporations, firms, partnerships, or unincorporated association in which a stock-
broker, partner, or associate, or a member of his family owns an interest in each corporation, firm, partner-
ship, entity or unincorporated association.
18.80.620 COMMUNITY CENTER
A building or portion of a building used for nonprofit cultural, educational, recreational, religious or social
activities which is open to the public or a designated part of the public, usually owned and operated by a
public or nonprofit group or agency. Examples of community centers are schools, churches, Boys and
Girls Clubs, and similar uses. Community center does not include fraternities, lodges or similar uses.
18.80.630 COMMUNITY RESIDENTIAL FACILITY
A single residential structure having common kitchen facilities including:
1. Those occupied by persons having developmental disabilities and living together for the purpose
of residential training, observation and/or common support, in which care is provided on a 24
hour per day basis;
2. A community group home for developmentally, mentally or severely disabled persons which does
not provide skilled or intermediate nursing care;
3. A youth foster home or other facility for care of minors as defined in '52-2-601 et seq., MCA;
4. A halfway house operated in accordance with regulations of the State Department of Public Health
and Human Services for the rehabilitation of alcoholics or drug dependent persons;
5. A licensed adult foster care home; or
6. Any facility defined in '76-2-411, MCA.
Where a limitation of eight or fewer residents is imposed for the purpose of defining the necessary review
process to establish this use, the operator of a residential facility, members of the operator’s household or
persons employed as staff shall not be counted as residents, except that the total number of all persons
living at the facility shall not exceed ten.
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18.80.640 COMPATIBLE DEVELOPMENT
The use of land and the construction and use of structures which is in harmony with adjoining develop-
ment, existing neighborhoods, and the goals and objectives of the City’s adopted growth policy. Elements
of compatible development include, but are not limited to: variety of architectural design; rhythm of
architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation;
and integration with existing community systems including water and sewer services, natural elements in
the area, motorized and non-motorized transportation, and open spaces and parks. Compatible develop-
ment does not require uniformity or monotony of architectural or site design, density or use.
18.80.650 COMPATIBLE LAND USE
A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony
with an adjoining land use of differing character. Effects often measured to determine compatibility in-
clude, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or
explosive materials.
18.80.660 CONDITIONAL USE
A public or private use as listed in this title which, because of its unique characteristics, cannot be properly
classified as a principal use or accessory use in a particular district. After consideration in each case of the
impact of such use upon neighboring land, and of the public need for the particular use at the particular
location, a permit for such conditional use may or may not be granted, with or without conditions, in
addition to any condition specifically stated in this title for any particular conditional use, including time
limits, pursuant to the requirements of this title.
18.80.670 CONDITIONAL USE PERMIT
Legal authorization to construct, develop or operate a conditional use as defined by this title.
18.80.680 CONSERVATION EASEMENT
The grant of a property right or interest from the property owner the public or nonprofit conservation
organization stipulating that the described land shall remain in perpetuity in its natural and open state,
precluding future or additional development (with the exception of any allowable structures or facilities).
18.80.690 CONTIGUOUS TRACT
For the purpose of these regulations, a parcel of land next to, abutting, adjoining or touching another
individual parcel of land, including tracts which are separated by public right-of-way.
18.80.700 CONSTRUCTION
The act of adding to an existing structure or erecting a new principal or accessory structure.
18.80.710 CONVENIENCE FOOD RESTAURANT
An establishment whose principal business is the sale of foods, frozen desserts or nonalcoholic beverages
to the consumer in a ready-to-eat state for consumption either within the premises or for carry-out with
consumption either on or off the premises and whose design or principal method of operation includes
both of the following characteristics:
A. Foods, frozen desserts or nonalcoholic beverages are usually served in edible containers or in
paper, plastic or other disposable containers;
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B. The customer is not served food at his/her table by an employee but receives it at a counter,
window or similar facility for carrying to another location for consumption either on or off the
premises.
18.80.720 CONVENIENCE USE
Retail commercial uses which have relatively high traffic generation rates per 1,000 square feet compared
to other commercial uses. A use is designated as a convenience use if the method of operation includes
one or more of the following characteristics:
A. Retail motor fuel is sold;
B. The primary business is the sale of food or drink for consumption, either on or off premises, over
a counter, or from an outdoor service window or automobile service window. Of the food or drink
sold, at least 20 percent is in disposable or carry-out containers; or
C. Drive-in and drive-through restaurants.
18.80.730 COOPERATIVE HOUSEHOLD
Five or more persons who are granted a conditional use permit as a cooperative household pursuant to the
terms of Chapter 18.34 of this title. A cooperative household exhibits four or more of the following
characteristics:
A. A shared strong bond or common commitment to a single purpose, such as members of a religious
order;
B. Are not legally dependent on others not living with them;
C. Can establish legal “domicile” as defined by state law;
D. Share a single household budget;
E. Share in the work of maintaining the premises;
F. Legally share in the ownership or possession of the premises, e.g. tenants in common on a deed or
cosigners of a single lease; or
G. The relationship must be of a permanent and distinct character with a demonstrable and recogniz-
able bond characteristic of a cohesive unit.
Cooperative housing does not mean any society, club, fraternity, sorority, association, lodge, organization
or group of students or other individuals with a common living arrangement or whose basis for the
establishment of the housekeeping unit is temporary.
18.80.740 COVENANT
An agreement that binds and restricts the land in the hands of present owners and subsequent purchasers
with a view towards protecting and enhancing the physical, natural and economic integrity of an area.
18.80.750 DATE OF SUBMISSION
The date at which the plat or plan and all required supplementary information is received and certified as
complete by the Planning Department.
18.80.760 DAY CARE CENTER
A place in which supplemental care is provided to thirteen or more nonresident persons on a regular basis
and which is licensed by the State of Montana.
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18.80.770 DAY CARE HOME, FAMILY
A private residence in which supplemental care is provided to three to six nonresident persons from sepa-
rate families on a regular basis and which is registered by the State of Montana.
18.80.780 DAY CARE HOME, GROUP
A private residence in which supplemental care is provided to seven to twelve nonresident persons on a
regular basis and which is registered by the State of Montana.
18.80.790 DEDICATION
The deliberate appropriation of land by an owner for any general and public use, reserving no rights which
are incompatible with the full exercise and enjoyment of the public use to which the property has been
devoted.
18.80.800 DEMOLITION
Any act or process that destroys, in part or whole, a structure or archaeological site.
18.80.810 DESIGN REVIEW
The aesthetic evaluation of certain development proposals, including those located in the neighborhood
conservation overlay district, entryway overlay district, and all planned unit developments and retail devel-
opments consisting of single tenant buildings greater than 40,000 square feet relative to architectural, site,
landscape, environmental, urban and other design matters as specified in this title.
18.80.820 DESIGN REVIEW BOARD
That board created by Chapter 18.62 of this title and appointed by the City Commission, charged with the
design review, as defined in this chapter, of certain plans and proposals as specified in this title.
18.80.830 DEVELOPMENT
Any man-made change to improve or alter real estate, including but not limited to, subdivision of land,
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
18.80.840 DEVELOPMENT ENVELOPES
Areas on a lot within which grading, lawns, pavement and buildings will be located.
18.80.850 DEVELOPMENT REVIEW COMMITTEE
That committee created by Chapter 18.62, BMC and charged with the expressed intent of reviewing
designated plans and proposals.
18.80.860 DEVIATION
A modification of physical standards of this title as applied to a specific piece of property located within
the neighborhood conservation overlay district or entryway corridor overlay district. A deviation may be
granted only by the City Commission.
18.80.870 DIVISION OF LAND
The segregation of one or more parcels of land from a larger tract held in single or undivided ownership
by transferring, or contracting to transfer, title to or possession of a portion of the tract, or properly filing
a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to
these subdivision regulations and the Montana Subdivision and Platting Act. The conveyance of a tract of
record or an entire parcel of land that was created by a previous division of land is not a division of land.
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18.80.880 DIRECTIONAL SIGN
An on-premise sign which is intended to convey information regarding the location of specific features of
the site or to convey on-premise regulations including traffic and circulation regulations.
18.80.890 DRIVE ACCESS
That area between the curb of a street, or edge of the traveled portion of a street when no curb exists, and
the right-of-way/property line over which the City will permit vehicular travel from the traveled portion of
a street to an individual property or off-street parking space(s).
18.80.900 DRIVE-IN BUSINESS
Any business in which people are provided a service or a product, where a sale is made without the
customer being required to leave the vehicle. Such businesses include, but are not limited to, drive-in
theater, drive-in bank, freestanding automated teller machine, drive-in laundry or dry cleaning pickup sta-
tion, drive-in restaurant and any business offering take-home food services.
18.80.910 DWELLING
A building, or portion thereof, meeting the requirements of the City’s adopted International Building
Code and used by one household, as defined by Chapter 18.80, BMC, for residential purposes. Dwelling
occupancy duration is typically longer than thirty continuous days. Dwellings may exist in many configura-
tions, including single-household, two-household, multiple-household dwellings and group homes. Dwell-
ings do not include hotels, motels, extended stay lodgings or tourist homes.
18.80.920 EASEMENT
A grant by a property owner to the public, a specific person or persons, other than the owner, for a right to
use land for a specific purpose or purposes.
18.80.930 EFFICIENCY UNIT
A dwelling unit containing only one habitable room as defined and regulated by the most recently adopted
International Building Code.
18.80.940 ENGINEER (REGISTERED PROFESSIONAL ENGINEER)
A person licensed in conformance with the Montana Professional Engineers Registration Act ('37-67-101
through '37-67-332, MCA) to practice engineering in the State of Montana.
18.80.950 ENGINEERING DEPARTMENT
Engineering Division of the City of Bozeman’s Department of Public Service.
18.80.960 ESSENTIAL SERVICES (TYPE I)
Water pumping stations; stormwater drainage facilities (including collection lines, retention/detention ponds
and drainage ways); sanitary sewer and storm sewer lift stations; public domestic water storage facilities;
water fill stations for fire fighting equipment; local service telephone lines and cables; local service electri-
cal distribution lines and cables; local service cable television lines; local service electronic data transmis-
sion lines and cables; water and sanitary sewer distribution and collection lines; and public and amateur
radio antennae and towers.
18.80.970 ESSENTIAL SERVICES (TYPE II)
Pipelines to transport gas, oil and coal (interstate and intrastate); electric substations; electrical transmission
lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water,
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sanitary sewer and storm sewer); telephone satellite community dial offices; telephone exchanges and
repeater stations, except those facilities which may be considered wireless facilities; other accessory facili-
ties, equipment and structures; and police and fire stations.
18.80.980 ESTABLISH
To construct, place, insert or excavate.
18.80.990 EVERGREEN TREE OR SHRUB
A tree or shrub of a species which normally retains its leaves/needles throughout the year.
18.80.1000 EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision where the construction of facilities for servicing the manufac-
tured home lots is completed before the effective date of the floodplain management regulations. This
includes, at a minimum, the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads.
18.80.1010 EXTENDED STAY LODGINGS
Guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or
which are occupied for sleeping purposes for guests and contain kitchen facilities for food preparation
including but not limited to such facilities as refrigerators, stoves and ovens. Generally an individual guest
will not exceed thirty days stay.
18.80.1020 FINAL DECISION
The final action of an agency, board or commission when no further action is available before such agency,
board or commission.
18.80.1030 FINAL PLAT
The final drawing of a subdivision and dedication required by this title and the Montana Subdivision and
Platting Act to be prepared for filing for record with the Clerk and Recorder, and containing all elements
and requirements set forth in this title and the Montana Subdivision and Platting.
18.80.1040 FINAL SITE PLAN
The final scale drawings of a preliminarily approved development and any other required information, the
approval of which by the Planning Director indicates that the required conditions for approval have been
met.
18.80.1050 FLOOD OR FLOODING
A general and temporary condition of partial or complete inundation of normally dry lands from the
overflow of a stream, or the unusual and rapid accumulation or runoff of surface waters from any source.
18.80.1060 FLOOD INSURANCE RATE MAP
The map on which FEMA has delineated both the 100-year floodplains and the risk premium zones.
18.80.1070 FLOOD INSURANCE STUDY
The report in which FEMA has provided flood profiles, as well as the Flood Boundary/Floodway Map
and the water surface profiles.
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18.80.1080 FLOODPLAIN
Areas generally adjoining a stream that would be covered by floodwater of a 100-year flood except for
designated shallow flooding areas that receive less than one foot of water per occurrence. The floodplain
consists of a floodway and floodway fringe. Floodplain regulations are found in Chapter 18.58, BMC.
18.80.1090 FLOODPLAIN ACT
The Montana Floodplain and Floodway Management Act, '76-5-101 et seq., MCA.
18.80.1100 FLOODWAY
The channel of a stream and the adjacent overbank areas that must be reserved in order to discharge a base
flood (100-year flood) without cumulatively increasing the water surface elevation more than one-half
foot.
18.80.1110 FLOODWAY FRINGE
The portion of the floodplain that is outside the limits of the floodway.
18.80.1120 FOOD PROCESSING FACILITY
A facility in which food is processed or otherwise prepared for eventual human consumption but not
consumed on the premises.
18.80.1130 FOOTCANDLE
A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter.
18.80.1140 FREESTANDING SIGN
Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are
independent from any building or other structure.
18.80.1150 FRONT LINE OF BUILDING
The line of the face of a building nearest the front lot line.
18.80.1160 FRONT YARD
A yard extending across the full width of the lot between two side lot lines, the depth of which is the least
distance between the street right-of-way and the front building line.
18.80.1170 GARAGE, PRIVATE
A detached accessory building, or portion of a main building, designed or primarily used for the storage of
self-propelled vehicles for the household housed in the building to which such garage is accessory.
18.80.1180 GARAGE, PUBLIC
Any building or premises, except those defined herein as a private garage, used for the storage or care of
motor vehicles; or where such vehicles are equipped for operation, repaired or kept for rental, hire or sale.
18.80.1190 GLARE
The sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance and
visibility to the eye.
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18.05.1200 GOVERNING BODY
The governing authority of a city or town organized pursuant to law. In the City of Bozeman, the City
Commission is the governing authority.
18.80.1210 GRADE
The lowest point of elevation of the finished surface of the ground between the exterior wall of a building
and a point 5 feet distance from the wall, or the lowest point of elevation of the finished surface of the
ground between the exterior wall of the building and the property line if it is less than 5 feet distance from
the wall. If walls are parallel to and within 5 feet of a public sidewalk, alley or other public way, the grade
shall be the elevation of the sidewalk, alley or public way. “Finished surface of the ground” shall not
include window wells, stairwells or other similar features, but shall include features such as usable patio
areas.
18.80.1220 GREEN
An open space available for unstructured recreation, with landscaping consisting of maintained grassy
areas, trees and other vegetation.
18.80.1230 GREENHOUSE
A building or structure constructed chiefly of glass, glass-like translucent material, cloth, lath or similar
materials which is devoted to the protection or cultivation of flowers or other plants.
18.80.1240 GROUND FLOOR AREA
The square foot area of a building within its largest outside dimension computed on a horizontal plane at
the ground floor level, exclusive of open porches, breezeways, terraces, garages, exterior stairways and
secondary stairways.
18.80.1250 GROSS ACREAGE
The total area of a parcel including the area of perimeter street rights-of-way to the centerline of the street.
18.80.1260 GROSS DENSITY
The number of residential dwelling units per unit of land used for residential purposes, with unit of land
being the gross residential acreage..
18.80.1270 GROUNDCOVER
Natural mulch or plants of species which normally reach a height of less than 2 feet upon maturity,
installed in such a manner so as to form a continuous cover over the ground.
18.80.1280 GROWTH POLICY
An official public document adopted and used by a local government as a general guide for development
and conservation decisions. It is not a regulation; rather, it is an official statement of public policy to guide
growth and change. The required and optional elements of a growth policy are listed in ' 76-1-601, MCA.
18.80.1290 GUEST HOUSE
An attached or detached accessory building used to house guests of the occupants of the principal build-
ing, and which is never rented or offered for rent. Any guest house providing cooking facilities (e.g. full size
dishwasher, more than a bar sink, or a stove) shall be considered a dwelling unit.
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18.80.1300 HEALTH AUTHORITIES
The State Department of Environmental Quality, local environmental health specialist or other authorized
representative.
18.80.1310 HEALTH AND EXERCISE ESTABLISHMENTS
An establishment designed and equipped for the conduct of sports, exercise activities and other customary
and usual recreational activities, including tennis, racquetball, handball and squash courts, weight and aero-
bic exercise rooms, running facilities, swimming pools, and whirlpool and sauna facilities. Permitted acces-
sory uses shall include child care, sun tanning booths, massage, health and nutrition counseling services,
retail sales of sporting goods and restaurant services.
18.80.1320 HEIGHT OF LOW PROFILE SIGN
The vertical distance between the finished grade and the highest component of the sign.
18.80.1330 HEIGHT OF POLE STYLE SIGN
The vertical distance between the elevation of the adjacent street curb, or edge of pavement if no curb
exists, to the highest attached component of the sign. In the event that the finished grade of the sign
location is higher, or lower, than the adjacent street curb or edge of pavement, the height shall be deter-
mined as the vertical distance from the median elevation between the adjacent street curb or edge of
pavement and the lowest finished grade at the base of the sign to the highest attached component of the
sign.
18.80.1340 HISTORIC SITE
The location of a significant event, a prehistoric or historic occupation or activity, or a building or struc-
ture, whether standing, ruined or vanished, where the location itself possesses significant historic, cultural
or archaeological value. The value of a site shall be based on the ability of the site to meet the eligibility
requirements for historical significance as described by the National Register of Historic Places.
18.80.1350 HOME BASED BUSINESS
Any business, occupation or activity undertaken for gain within a residential structure that is incidental and
secondary to the use of that structure as a dwelling. Home based businesses are subject to the require-
ments of this title.
18.80.1360 HOME OFFICE
An accessory use in which work for compensation is undertaken, including, but not limited to, receiving or
initiating correspondence, such as phone calls, mail, faxes or e-mail; preparing or maintaining business
records; word and data processing; and telephone, mail order and off-premise sales.
18.80.1370 HOSPITAL
An institution for the diagnosis, treatment or other cure of human ailments and which may include a
sanitarium or clinic, provided such institution is operated by, or treatment is given, under direct supervision
of a physician licensed to practice by the State of Montana.
18.80.1380 HOTEL OR MOTEL
A building or a group of buildings in which lodging is provided and offered to transient guests for com-
pensation; shall not include a boarding house, extended stay lodgings, lodging house or rooming house.
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18.80.1390 HOUSEHOLD
A person living alone, or any of the following groups living together as a single nonprofit housekeeping
unit and sharing common living, sleeping, cooking and eating facilities:
A. Any number of people related by blood, marriage, adoption, guardianship or other duly-autho-
rized custodial relationship;
B. Not more than four unrelated people, including persons enrolled in an institution of higher learn-
ing;
C. Two unrelated people and any children related to either of them; or
D. Not more than four people who are:
1. Residents of a “Community Residential Facility” as defined in ' 76-2-411 et seq., MCA
and this title; or
2. “Handicapped” as defined in the Fair Housing Act, 42 USC '3602 (h). This definition
does not include those persons currently illegally using or addicted to a “controlled sub-
stance” as defined in the Controlled Substances Act, 21 USC ' 802 (6).
E. “Household” does not include:
1. Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie, co-
operative housing or like organization;
2. Any group of individuals whose association is temporary or seasonal in nature; or
3. Any group of individuals who are in a group living arrangement as a result of criminal
offenses.
18.80.1400 ILLUMINANCE
The quantity of light measured in footcandles or lux. The density of the luminous flux incident on a
surface; it is the quotient of the luminous flux by the area of the surface when the latter is uniformly
illuminated.
18.80.1410 IMMEDIATE FAMILY
A spouse, children by blood or adoption, and parents.
18.80.1420 INCIDENTAL
Any action or use of less importance, or secondary to, any other action or use.
18.80.1430 INCIDENTAL SIGN
A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is
located, such as “no parking,” “entrance,” “loading only,” “telephone,” and other similar directives. No
sign with a commercial message, which is designed with the intent to be legible from a position off the
zone lot on which the sign is located, shall be considered incidental.
18.80.1440 INDUSTRY, HEAVY
Those industries whose processing of products results in the emission of any atmospheric pollutant, light
flashes, glare, odor, noise or vibration which may be heard and/or felt off the premises and those indus-
tries which constitute a fire or explosion hazard.
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18.80.1450 INDUSTRY, LIGHT
Those industries whose processing of products results in none of the conditions described for heavy
industry.
18.80.1460 INTERCHANGE ZONE
Districts created for the purpose of allowing larger and/or additional signage for the areas adjacent to the
Interstate 90 interchanges at East Main Street, North 7th Avenue and North 19th Avenue which are
located within the Entryway Overlay District, B-2 Zoning District and within 1,300 feet of the Interstate
90 right-of-way.
18.80.1470 IRREGULARLY SHAPED TRACT OF LAND
A parcel of land other than an aliquot part of the United States Government survey section or a United
States lot, the boundaries or areas of which cannot be determined without a survey or trigonometric
calculation.
18.80.1480 LANDMARK
A site, structure or object designated as a “landmark” pursuant to the procedures prescribed in Chapter
18.28, BMC, that is worthy of preservation, restoration or rehabilitation because of its historic land plan-
ning or architectural significance and officially recognized through listing in the National Register of His-
toric Places. A landmark shall be subject to all neighborhood conservation overlay district procedures and
requirements.
18.80.1490 LANDSCAPE ARCHITECT
A person licensed to practice landscape architecture in the State of Montana.
18.80.1500 LANDSCAPING
At least 75 percent coverage of an area with natural grass, vegetative groundcover or other natural living
plant materials, the remainder of which is covered with nonvegatative decorative landscape design ele-
ments such as washed rock, lava rock, bark chips and ornamental features such as pools, fountains, benches,
etc. For purposes of this title, the term landscaping shall be considered to have the same meaning as the
terms landscape, landscaped and landscaped area.
18.80.1510 LARGE SCALE WIRELESS FACILITY
A wireless facility 25 feet or greater in height from the base to the highest point including attachments.
Examples of supporting structures are monopoles, self supporting (lattice) towers, guy-wire supported
towers and other similar structures When calculating the height of a facility, other structures designed for
other uses such as buildings or water towers shall not be included in the calculation. Some illustrated
examples of large scale wireless facilities are shown in the appendix.
18.80.1520 LARGE SHRUB
A shrub which normally reaches a height of 5 feet or more upon maturity, and usually has five or more
canes.
18.80.1530 LARGE TREE
A tree of a species which normally reaches a height of 25 feet or more upon maturity, and usually has a
single stem.
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18.80.1540 LEVEE
A man-made embankment, usually earthen, designed and constructed in accordance with sound engineer-
ing practices to contain, control or divert the flow of water to provide protection from temporary flood-
ing.
18.80.1550 LEVEE SYSTEM
A flood protection system that consists of a levee, or levees, and associated structures, such as drainage
and closure devices, which are constructed and operated in accordance with sound engineering practices.
18.80.1560 LIGHT CONSTRUCTION
Any change not construed as an alteration or repair, including paving of established driving and parking
areas (subject to the requirements of Chapter 18.46, BMC); construction of patios not greater than 120
square feet in size; construction of sidewalks not wider than 5 feet; and landscaping (but not including
major changes in grading or site surface drainage).
18.80.1570 LIGHT GOODS REPAIR
Establishments primarily engaged in the provision of repair services to individuals and households as well
as businesses, but excluding automotive, boat and similar intensive repair use types. Typical uses include,
but are not limited to, the repair of appliances, shoes or clothing, watches or jewelry, instruments, office
equipment or electronics.
18.80.1580 LIGHT SOURCE
A single artificial point source of light that emits measurable radiant energy in or near the visible spectrum.
18.80.1590 LIGHT TRESPASS
Light emitted by a lighting installation that extends beyond the boundaries of the property on which the
installation is sited.
18.80.1600 LIMITED ACCESS
A way or means of allowing physical entrance to land at controlled locations or points. A “no access” strip
or line may be placed on a plat as a means of limiting access.
18.80.1610 LIMITED ACCESS ROADWAY
A street or road especially designed for through traffic, over which abutting land owners have no right to
direct access.
18.80.1620 LOCAL SERVICES
All services provided by governmental bodies for the benefit of citizens. These services include, but are
not limited to, police, fire, water, recreation, streets, parks, libraries, schools, and wastewater and solid waste
collection and disposal.
18.80.1630 LODGING HOUSE
A building with not more than ten guest rooms where lodging with or without meals is provided for
compensation to persons not meeting the definitions of household, community residential facility, coop-
erative household, fraternity or sorority. Also referred to as a boarding house.
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18.80.1640 LOT
A piece, parcel, plot, tract or area of land in common ownership created by subdivision or its legal equiva-
lent for sale, lease or rent. A lot has the characteristics of being able to be occupied or capable of being
occupied by one or more principal buildings, and the accessory buildings or uses customarily incidental to
them, and including the open spaces required under this title, and having its principal lot frontage on a
street. When one or more lots are held in common ownership they shall be treated a as single lot for the
purposes of development review and evaluation of compliance with the standards of this title.
18.80.1650 LOT AREA
The total horizontal area within the boundary lines of a lot.
18.80.1660 LOT MEASUREMENTS
A.Lot Depth. The horizontal distance of a line measured at a right angle to the front lot line and
running between the front lot line and rear lot line of a lot.
B.Lot Width. The distance as measured in a straight line, between side lot lines at the points of
intersection with the required front building line.
C.Lot Frontage. The horizontal distance between the side lot lines measured at the point where the
side lot lines intersect the street right-of-way. All sides of a lot that abuts a street shall be considered
frontage. On curvilinear streets, the arc between the side lot lines shall be considered the lot front-
age.
D.Lot Area. The total horizontal area within the boundary lines of a lot.
18.80.1670 LOT TYPES
A.Corner Lot. A lot at a junction of, and fronting on, two or more intersecting streets.
B.Interior Lot. A lot other than a corner or through lot.
C.Double Frontage or Through Lot. A lot having frontage on two parallel, or approximately parallel,
streets.
D.Reverse Frontage Lot. A double frontage or through lot that is not accessible from one of the
parallel or nonintersecting streets on which it fronts.
18.80.1680 LOT LINE, FRONT
In the case of an interior lot, a line separating the lot from the street, in the case of a corner lot, a line
separating the narrowest street frontage of the lot from the street and in the case of a double frontage or
through lot, a line separating the lot from the street from which a drive access may be permitted by the City.
18.80.1690 LOT LINE, REAR
A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or
triangular shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance from
the front lot line.
18.80.1700 LOT LINE, SIDE
Any lot boundary line not a front lot line or a rear lot line.
18.80.1710 LOT LINE, ZERO
A concept utilized to permit a structure or wall of a building to be located on a property line.
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18.80.1720 LOT WIDTH
The distance as measured in a straight line, between side lot lines at the points of intersection with the
required front building line.
18.80.1730 LOT WITH RESIDENTIAL ADJACENCY
Any of the following:
A. A building site in a residential zoning district, if the site abuts or is directly across a street or alley
from an R-1, R-2, R-3, R-4 or R-O zoning district;
B. A building site in a nonresidential zoning district, if the site abuts or is directly across a street or
alley from an R-S, R-1, R-2, R-3, R-4 or R-O zoning district;
C. An artificial lot in a residential district, if the lot is less than 200 feet from an R-1, R-2, R-3, R-4 or
R-O zoning district; or
D. An artificial lot in a nonresidential zoning district, if the lot is less than 200 feet from an R-S, R-1,
R-2, R-3, R-4 or R-O zoning district.
18.80.1740 LOW-PROFILE SIGN
A freestanding sign composed of a solid structure between finished grade and the top of the sign. Also
referred to as a monument sign.
18.80.1750 LUMINAIRE
A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative
parts; also called the lighting fixture.
18.80.1760 LUMINANCE
The physical and measurable luminous intensity of a surface (e.g., a lamp, luminaire, reflecting material) in
a specific area and measurable with an illuminance meter. The quotient of the luminous flux at an element
of the surface surrounding the point, and propagated in directions defined by an elementary cone contain-
ing the given direction, by the product of the solid angle of the cone and area of the orthogonal projection
of the element of the surface on a plane perpendicular to the given direction. The luminous flux may be
leaving, passing through and/or arriving at the surface.
18.80.1770 LUX
A unit of light intensity stated in lumens per square meter. There is approximately 10.7 lux per footcandle.
18.80.1780 MANUFACTURED HOME
A factory-built, single-household structure that is manufactured under the authority of 42 USC '5401, the
National Manufactured Home Construction and Safety Standards Act, is built on a permanent chassis, and
is used as a place for human habitation, but which is not constructed or equipped with a permanent hitch
or other device allowing transport of the unit other than for the purpose of delivery to a permanent site,
and which does not have wheels or axles permanently attached to its body or frame. This definition specifi-
cally does not include recreational vehicles. Any dwelling meeting the definition of modular home is not a
manufactured home.
18.80.1790 MANUFACTURED HOME LOT OR SPACE
A lot for rent or lease in a manufactured housing community designated for the accommodation of one
manufactured home and its accessory buildings or structures for the exclusive use of the occupants.
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18.80.1800 MANUFACTURED HOME STAND
That area of a lot for rent or lease which has been prepared for the placement of a manufactured home in
a manufactured home community.
18.80.1810 MANUFACTURED HOME COMMUNITY
Any piece of real property under single ownership or control for which the primary purpose is the place-
ment of two or more manufactured homes for permanent residential dwellings and for the production of
income. A manufactured housing community does not include real property used for the display and sale
of manufactured units, nor does it include real property used for seasonal purposes only, as opposed to
year-round occupancy. Home sites within the community are leased to individual homeowners, who retain
customary leasehold rights.
18.80.1820 MANUFACTURING
The creation of products either with machinery or by hand according to an organized plan and with the
division of labor.
18.80.1830 MANUFACTURING, LIGHT
Fabrication of and/or assembly of goods from previously prepared materials.
18.80.1840 MEAN SEA LEVEL
The National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations
are references.
18.80.1850 MEDICAL OFFICES, CLINICS AND CENTERS
An establishment where patients are admitted for special study and treatment by licensed health care
professionals.
18.80.1860 MICRO-SCALE WIRELESS FACILITY
A wireless facility, less than 10 feet in height from the base to the highest point, including attachments.
When calculating the height of a facility, other structures designed for other uses such as buildings or water
towers shall not be included in the calculation.
18.80.1870 MINING
The extraction of sand, gravel or other material from the land in the amount of four-hundred cubic yards
or more and the removal thereof from the site without processing.
18.80.1880 MINI-WAREHOUSE (WAREHOUSE, RESIDENTIAL STORAGE)
A building or group of buildings in a controlled access and fenced or screened compound that contains
relatively small storage spaces of varying sizes and/or spaces for recreational vehicles or boats, having
individual, compartmentalized and controlled access for the dead storage of excess personal property of
an individual or household generally stored in residential accessory structures, when such building or group
of buildings are not located on the lot of the residence.
18.80.1890 MINOR SUBDIVISION
A subdivision containing five or fewer parcels where proper access to all lots is provided and where no land
in the subdivision will be dedicated to public use for parks or playgrounds.
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18.80.1900 MOBILE HOME
A transportable, manufactured structure, suitable for year-round single-household occupancy and having
water, electrical and sewage connections similar to those of conventional dwellings. This definition applies
only to units constructed prior to the Federal Manufactured Housing Construction and Safety Standards
Act of 1974, which became effective June 15, 1976. Compare with the definition of manufactured home.
18.80.1910 MOBILE OFFICE
A factory assembled structure or structures exceeding 8 feet in width, originally equipped with the neces-
sary service connections, and originally made so as to be readily movable as a unit or units on its (their) own
running gear and designed to be used as an office without a permanent foundation, in compliance with all
applicable state regulations, whether or not the running gear has been removed.
18.80.1920 MODEL HOME
A home constructed to display a builder’s for sale or lease units but which does not serve as a dwelling unit
until sold as a residence.
18.80.1930 MODULAR OR SECTIONAL HOME
A dwelling unit meeting the standards of the International Building Code which was mass produced in a
factory, designed and constructed for transportation to a site for occupancy when connected to the re-
quired utilities and when permanently anchored to a permanent foundation, whether intended for use as
an independent, individual unit or in combination with other units to form a larger building, and which
does not have integral wheel, axles or hitch. For the purposes of locating a dwelling according to the
standards of this title there is no distinction made between a dwelling constructed wholly or partly off-site
and a dwelling constructed on-site so long as they meet the standards of the City’s adopted International
Building Code.
18.80.1940 MONUMENT (PERMANENT MONUMENT)
Any structure of masonry, metal or other permanent material placed in the ground which is exclusively
identifiable as a monument to a survey point, expressly placed for surveying reference.
18.80.1950 NATURAL ENVIRONMENT
The physical conditions which exist within a given area, including land, water, mineral, flora, fauna, noise,
light, and objects of historic or aesthetic significance.
18.80.1960 NEIGHBORHOOD COMMERCIAL CENTER
Commercial uses oriented at serving the needs of neighborhoods. These areas are typified by smaller scale
shops and services, and a high level of pedestrian, bicycle and transit opportunities. Neighborhood com-
mercial centers are intended to support and help give identity to individual neighborhoods by providing a
visible and distinctive focal point. A neighborhood commercial center may also contain uses that draw
from more than the immediate vicinity, especially when located adjacent to arterial streets. Activities com-
monly expected in this classification are daycares, smaller scale groceries, bakeries, coffee shops, retail
stores, small restaurants, offices and residences above other uses.
18.80.1970 NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT
An area designated as the neighborhood conservation overlay district on the City zoning map pursuant to
the procedures set forth herein.
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18.80.1980 NET RESIDENTIAL DENSITY
The number of residential dwelling units per buildable unit of land, excluding any land used or to be used
as street rights-of-way, parks, public buildings or private nonresidential uses. For calculating net residential
density, the following formula shall apply:
D = du du
A - (c+i+s+a+d)
Where D = Residential density
du = Total number of dwelling units in project
A = Total site area (acres)
c = Total commercial land area (acres)
i = Total industrial land area (acres)
s = Reserved but undedicated school or park sites (acres)
a = Street, public or private, rights-of-way and easements (acres)
d = Dedicated park lands or common open spaces (acres)
18.80.1990 NEW CONSTRUCTION
Development commenced on or after the effective date of the ordinance codified in this title.
18.80.2000 NONBROADCAST TELECOMMUNICATION FACILITY
A facility used for the transmission or enhancement of telecommunications which does not include the
presence of antennas, as defined in this title. A nonbroadcast telecommunication facility does not include
office use, materials storage or other similar uses.
18.80.2010 NONCANOPY TREE
A large tree which in its native state has at maturity canopy vegetation less than 6 feet above the ground.
18.80.2020 NONCOMMERCIAL SPEECH
Any sign wording, logo or other representation that does not directly or indirectly name, advertise or call
attention to a business, product, service or other commercial activity.
18.80.2030 NONCONFORMING SIGN
A sign that does not conform to the provisions of Chapter 18.52, BMC.
18.80.2040 NONCONFORMING STRUCTURE
Any structure which was legal prior to the effective date of the ordinance codified in this chapter which
fails to comply with the building location standards, and/or size requirements of the applicable zone of
this title in which it is located.
18.80.2050 NONCONFORMING USE
An existing use of land or building which was legal prior to the effective date of the ordinance codified in
this title but which fails to comply with the requirements set forth in this title applicable to the zone in
which such use is located.
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18.80.2060 NOXIOUS MATTER OR MATERIAL
Material capable of causing injury to living organisms by chemical reaction or capable of causing detri-
mental effects on the physical or economic well-being of individuals.
18.80.2070 NURSING HOME
An extended or intermediate care facility licensed or approved to provide full time convalescent or chronic
care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for
themselves.
18.80.2080 NURSERY, PLANT
Facilities for commercial development, growth and sale of plants and/or for the utilization of and storage
of equipment for landscaping operation and wholesale and/or retail or commercial gardening supplies.
18.80.2090 OFF-PREMISE SIGN
A sign which advertises or directs attention to products or activities that are not provided on the parcel
upon which the sign is located.
18.80.2100 OFFICES
Buildings or portions of buildings in which commercial activities take place but where goods are not
produced, sold or repaired. These include but are not limited to general and professional offices; govern-
mental offices; insurance offices; real estate offices; taxicab offices (but not taxi stands); travel agency or
transportation ticket offices; telephone exchange; utility offices; radio broadcasting and similar uses.
18.80.2110 OFFICIAL FLOODPLAIN MAPS
The Flood Insurance Rate Maps and Flood Boundary/Floodway Maps provided by FEMA for the City
dated July 15, 1988 and incorporating any approved updates or revisions.
18.80.2120 ONE-HUNDRED YEAR FLOOD
A flood having a one percent chance of being equalled or exceeded in any given year. A 100-year flood has
nearly a 23 percent chance of occurring in a 25-year period. A 100-year flood is the same as a base flood.
18.80.2130 OPEN SALES (OR RENTAL) LOT
Any land used or occupied for the purpose of buying, selling or renting for use away from the premises,
any goods, materials or merchandise, and for the exterior storing of same prior to sale or rental.
18.80.2140 OPEN SPACE
A land or water area devoid of buildings and other physical structures except where accessory to the
provision of recreation, including but not limited to benches, picnic tables and interpretive signage.
18.80.2150 OPEN SPACE, USABLE
That space which is capable of being used by the public for recreation, relaxation and social purposes.
Parking lots and perimeter landscaping are specifically excluded from this definition of usable open space,
except as allowed by '18.36.090, BMC.
18.80.2160 ORDINARY HIGH WATER MARK
The outermost line caused by water impressing on land and covering it for sufficient periods to cause
physical characteristics that distinguish the area below the line from the area above it. Characteristics of the
area below the line include, when appropriate, but are not limited to, deprivation of the soil of substantially
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all terrestrial vegetation and destruction of its agricultural vegetative value. A floodplain adjacent to sur-
face waters is not considered to lie within the surface water’s high water marks.
18.80.2170 OVERLAY ZONE
A zone superimposed upon an underlying zone which establishes special requirements in addition to, or in
lieu of, those of the underlying zone.
18.80.2180 PARAPET
That part of the wall which extends above the roof. For the purposes of this title relating to signage, the
top of the parapet shall be considered to be the roofline.
18.80.2190 PARKING AREA
An area, other than a street or alley designated for use, or used, for temporary parking of vehicles.
18.80.2200 PARKING SPACE, OFF-STREET
A space designated for the temporary parking of a motor vehicle not on the right-of-way or alley but
accessible from a street or alley.
18.80.2210 PARTY WALL
Any wall of a building or structure which is common to two or more buildings, and which has a minimum
of one-hour fire-resistant construction as defined and regulated by the latest adopted International Build-
ing Code.
18.80.2220 PATHWAY
A facility that accommodates the recreational and/or transportation needs of pedestrians and bicyclists,
including sidewalks, bike lanes, boulevard trails and trails.
18.80.2230 PAVED PARKING SPACE OR SURFACE
An area covered by an impervious dust free surface of asphalt or concrete designed to specifications of the
City Engineer.
18.80.2240 PENNANT
Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, sus-
pended from a rope, wire or string, usually in series, designed to move in the wind.
18.80.2250 PERMEABLE PAVEMENT
A paving material that permits water penetration to a soil depth of 18 inches or more. Permeable pave-
ment may consist of nonporous surface materials poured or laid in sections not exceeding one square foot
in an area and collectively comprising less than two-thirds of the total surface area.
18.80.2260 PERMITTED USE
A use which is lawfully established in a particular district or districts and which conforms with all require-
ments, regulations and performance standards of such district. A permitted use may be a principal use, an
accessory use or a conditional use.
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18.80.2270 PERSONAL AND CONVENIENCE SERVICES
Businesses offering services such as barbershops, beauty shops, tailors, shoe repair, laundromats, laundry
and dry cleaning pickup and delivery stations, and similar uses. Some production of finished goods may
occur as an activity accessory to the delivery of services.
18.80.2280 PERSONAL PROPERTY
Property, other than real property, consisting of things temporal and movable.
18.80.2290 PERSONS
Includes any individual or group of individuals, corporations, partnerships, associations or any other orga-
nized group of persons, including state and local governments and agencies thereof.
18.80.2300 PLANNED UNIT DEVELOPMENT (PUD)
A land development project consisting of residential clusters, industrial parks, shopping centers, or office
building parks or any combination thereof that compose a planned mixture of land uses built in a prear-
ranged relationship to each other and having open space and community facilities in a common ownership
or use, and/or public parkland.
18.80.2310 PLANNING BOARD
The Bozeman Planning Board.
18.80.2320 PLANNING DEPARTMENT
The Bozeman Department of Planning and Community Development.
18.80.2330 PLANNING DIRECTOR
The Director of the Bozeman Department of Planning and Community Development and the person
charged with the administration of this title unless otherwise specifically noted in this title.
18.80.2340 PLAT
A graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets,
alleys, and other divisions and dedications.
18.80.2350 PLAZA
An area generally open to the public on a controlled basis and used principally for passive recreational
activities and relaxation. Plazas are paved areas typically providing amenities such as seating, drinking and
ornamental fountains, art, trees and landscaping for use by pedestrians.
18.80.2360 POLE SIGN
A freestanding sign which is supported by a column(s) or other structural member(s) that is permanently
attached to the ground or a ground-mounted structure and provides a minimum of 8 feet of visible,
vertical clearance between the bottom of the sign and finished grade.
18.80.2370 PORTABLE SIGN
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be
transported, including, but not limited to, signs designed to be transported by means of wheels; signs
converted to A- or T-frames; balloons used as signs; umbrellas used for advertising; and signs attached to
or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the
normal day-to-day operations of the business.
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18.80.2380 PRESERVATION BOARD
The Bozeman Historic Preservation Advisory Board.
18.80.2390 PRIMARY ACCESS
The major access to a subdivision. The major access generally carries the most traffic as determined by the
traffic engineering study.
18.80.2400 PRINCIPAL USE
A use or structure which determines the predominant or major use of the lot on which it is located. The
principal use shall be that use which establishes the character of the property relative to surrounding or
adjacent properties.
18.80.2410 PRIVATE STREET
A right-of-way usable by the public but maintained by a property owners association.
18.80.2420 PROJECTING SIGN
Any sign affixed to a building or wall in such a manner that its leading edge extends more than 6 inches
beyond the surface of such building or wall and is perpendicular to such building or wall.
18.80.2430 PROPER ACCESS
Either an improved public street or road, maintained by the City of Bozeman, Gallatin County or the State
of Montana; or a street or road built to the standards provided in these regulations.
18.80.2440 PROPERTY OWNER
Any person, firm, corporation or other entity shown as being the legal owner of a tract, parcel or lot in the
records of the County Clerk and Recorder.
18.80.2450 PROPERTY OWNERS ASSOCIATION
An association incorporated or not incorporated, combining individual property ownership with shared
use or ownership of common property or facilities, or shared maintenance of subdivision or community
facilities. This definition includes condominium associations.
18.80.2460 PUBLIC BUILDING
A building, supported by government funds, to be used in an official capacity on behalf of the entire
community.
18.80.2470 PUBLIC HEALTH AND SAFETY
A condition of optimal well-being, free from danger or injury, for a community at large, not merely for an
individual or small group of persons.
18.80.2480 PUBLIC IMPROVEMENT
Any structure or facility constructed to serve the residents of a subdivision or the general public such as
parks, streets, sidewalks, curbs, gutters, street lighting, utilities and systems for water supply, sewage dis-
posal and drainage.
18.80.2490 PUBLIC STREET OR ROAD
A street or road for which the right-of-way has been dedicated to the public.
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18.80.2500 REAL PROPERTY
Property consisting of buildings and/or land.
18.80.2510 REAR YARD
A yard extending across the full width of the lot between the two side lot lines the depth of which is the
distance required by this title between the rear property line and the rear building line.
18.80.2520 RECREATIONAL VEHICLE
A vehicular type portable structure without permanent foundation, which is built on a single chassis; which
is designed to be self-propelled or permanently towable by a light duty truck; primarily designed as tempo-
rary living accommodation for recreational, camping and travel use and including but not limited to travel
trailers, truck campers, camping trailers and self-propelled motor homes less than 8 feet in width and 50
feet in length.
18.80.2530 RECREATIONAL VEHICLE PARK
A plot of ground upon which two or more sites are located, established or maintained for occupancy by
the general public as temporary living quarters for travel, recreation or vacation purposes.
18.80.2540 RECREATIONAL VEHICLE SPACE
A lot for rent or lease within a recreational vehicle park designed for the placement of a single recreational
vehicle and the exclusive use of its occupants.
18.80.2550 RELOCATION
Any movement of a structure, on the same site or to another site.
18.80.2560 REPAIR
Any change not otherwise construed as light construction or an alteration, as herein defined, that consti-
tutes replacing broken, worn or damaged materials with like, not necessarily identical, materials and is
insignificant to the size and condition of the structure or property. Repainting and reroofing shall be
included under this definition of repair.
18.80.2570 REQUIRED FRONT BUILDING LINE
The line nearest to the front and across a lot establishing the minimum open space to be provided between
the front line of a building and the front lot line. See also definition of “setback line”.
18.80.2580 REQUIRED REAR BUILDING LINE
The line nearest to the rear and across a lot establishing the minimum open space to be provided between
the rear line of a building and the rear lot line. See also definition of “setback line”.
18.80.2590 REQUIRED SIDE BUILDING LINE
The line nearest to the side and extending between the required front building line and required rear
building line establishing the minimum open space to be provided between the side line of a building and
the side lot line. See also definition of “setback line”.
18.80.2600 REQUIRED YARD
The minimum dimension of a front, side or rear yard as established by the use regulations for each district.
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18.80.2610 RESTAURANT
Any restaurant (except a drive-in restaurant or a convenience food restaurant as defined in this chapter),
coffee shop, cafeteria, short-order café, luncheonette, sandwich stand, drugstore and soda fountain serving
food.
18.80.2620 RETAIL
The rental or sale of tangible personal property for any purpose other than for resale.
18.80.2630 RETAIL, LARGE SCALE
The sale of tangible personal property for any purpose other than for resale where the total area utilized by
a single tenant, exclusive of parking, occupies 40,000 square feet or more.
18.80.2640 REVOLVING SIGN
Any sign which all, or a portion of, may rotate either on an intermittent or constant basis.
18.80.2650 RIDGELINE
A relatively narrow elevation that is prominent because it rises at an angle of 25 percent or greater; an
elongated crest, or series of crests, with or without individual peaks, significantly higher than the adjoining
ground and often acting as the hydrologic dividing line between two or more drainage areas.
18.80.2660 RIDGELINE PROTECTION AREA
A ridgeline protection area is the area within 150 feet horizontal feet of a ridgeline, measured perpendicu-
lar to the ridgeline when the ridgeline is:
A. Located in an area above 4,900 feet in elevation above mean sea level; and
B. When the elevation of a line parallel to the ridgeline loses either:
1. At least 10 feet in vertical elevation on both sides of the ridgeline within 100 feet; or
2. At least 30 feet in vertical elevation on both sides of the ridgeline within 300 feet.
3. A combination of the two standards where one side of the ridgeline meets one loss of
elevation standard and the opposite side meets the other.
18.80.2670 RIGHT-OF-WAY
A linear public way established or dedicated for public purposes by duly recorded plat, deed, easement,
grant, prescription, condemnation, governmental authority or by operation of the law and intended to be
occupied by a street, crosswalk, railroad, electric transmission lines, water line, sanitary sewer line, stormsewer
line or other similar uses.
18.80.2680 ROADWAY
That portion of the street or road right-of-way which is improved or is proposed to be improved to carry
traffic and provide for the on-street storage of automobiles; where curb is provided, the roadway is mea-
sured from back-of-curb to back-of-curb.
18.80.2690 ROOF SIGN
Any sign erected and constructed on and over the roof of a building, supported by the roof structure, and
extending vertically above any portion of the roof. Roof signs shall not include signs located on a mansard
roof if the sign is mounted vertically and integrated with the roof. For the purpose of this chapter,
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architecturally integrated mansard signs and other architecturally integrated signs located below the princi-
pal roof line shall be classified as wall signs.
18.80.2700 SCHOOL
Any 1) pre-primary, primary or grammar, public, parochial or private school or high school; 2) preparatory
school or academy, public or founded, or owned or conducted by or under the sponsorship of a religious
or charitable organization; 3) private preparatory school or academy furnishing courses of instruction
substantially equivalent to the courses offered by public high schools for preparation of admission to
college or universities which award B.A. or B.S. degrees; 4) junior college or university, public or founded,
or conducted by or under the sponsorship of a religious or charitable organization; or 5) private school
when not conducted as a commercial enterprise for the profit of individual owners or stockholders.
18.80.2710 SCREENING
A method of visually shielding or obscuring an abutting or nearby structure or use from another through
the use of solid or nearly solid barriers (e.g., wall, fence, plantings, berms).
18.80.2720 SECURITY LIGHTING
All outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards,
parking lots and outdoor security where general illumination for safety or security of the grounds is the
primary concern.
18.80.2730 SECOND OR SUBSEQUENT FRONT YARD OR CORNER SIDE YARD
A yard on a corner lot the area of which is bounded by a line extending from the front of the principal
building (the front building line) to a point intersecting the side street right-of-way line (side lot line), then
along the side lot line to a point intersecting the rear lot line, then along the rear lot line to a point intersect-
ing the line formed by extending the wall of the nearest principal building paralleling the side lot line.
18.80.2740 SETBACK
The distance from the property line to the nearest part of the applicable building, structure or sign, mea-
sured perpendicularly to the property line.
18.80.2750 SETBACK LINE
That line that is the required minimum distance from the street right-of-way or public access easement line
or any other lot line that establishes the area within which structures must be placed, as specified in this
title.
18.80.2760 SEWER, PUBLIC
Any sanitary sewer line owned and maintained by the City, whether or not installed by the City.
18.80.2770 SHARED ACCESS
A fixed automotive and pedestrian access location from a street to two or more adjoining properties which
mutually have the right and ability to use the access, and which has been established by an easement or
other legally binding means.
18.80.2780 SHOPPING MALL
A multi-tenant retail structure where tenants are located on both sides of a covered walkway with direct
pedestrian access to all establishments from the walkway.
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18.80.2790 SIGN
Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing
to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate
information of any kind to the public.
18.80.2800 SIDE YARD
A yard extending between the front building line and the rear building line, the width of which is the least
distance between the side lot line and the nearest part of the principal building.
18.80.2810 SITE PLAN
A scale drawing showing the accurate location of all structures, streets, alleys and parking areas, existing
and proposed, on subject property or any other information as may be required by this title.
18.80.2820 SMALL SCALE WIRELESS FACILITY
A wireless facility less than 25 feet in height from the base to the highest point including attachments.
Examples of supporting structures are monopoles, self supporting (lattice) towers, guy-wire supported
towers and other similar structures. When calculating the height of a facility, other structures designed for
other uses such as buildings or water towers shall not be included in the calculation. This definition ex-
cludes those facilities meeting the definition of micro-scale wireless facility. Some illustrated examples of
locations for possible small scale wireless facilities are shown in the appendix.
18.80.2830 SMALL TREE
A tree of a species which normally reaches a height of less than 25 feet upon maturity.
18.80.2840 SOIL
A medium in which plants will grow.
18.80.2850 SPECIAL EVENT SIGN
A temporary sign which advertises special civic events and activities such as street fairs, community festi-
vals, parades, farmers markets and charity benefits.
18.80.2860 SQUARE
Open space that may encompass an entire block, is located at the intersection of important streets, and is
set aside for civic purposes, and consists of paved walks, lawns, trees and civic buildings.
18.80.2870 STABLE, COMMERCIAL
Any building or complex of buildings and pastures which is designed, arranged, used or intended to be
used for equestrian purposes, where less than 75 percent of the capacity is for the use of the owner or
resident of the property. A public stable is an agricultural activity.
18.80.2880 STABLE, PRIVATE
Any building located on a lot which is designed, arranged, used or intended to be used for not more than
four horses for the private use of the owner of the lot, but shall not exceed 6,000 square feet in area.
18.80.2890 START OF CONSTRUCTION
The commencement of clearing, grading, filling or excavating to prepare a site for construction.
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18.80.2900 STEALTH, OR CAMOUFLAGED
Placement of a wireless facility in such a way that it may not be discerned as being separate from the
principal use of a site. This may be accomplished through visual screening, use of color or encasement of
the facility within an existing structure such as a steeple. A stealth installation may also include the place-
ment of a new structure to contain the facility so long as the new structure complies with the height,
setback and other requirements of the zoning code or is otherwise exempt from those requirements.
18.80.2910 STREET
A right-of-way, dedicated or otherwise legally established, for public use by motorized and non-motorized
vehicles and pedestrians, usually affording the principal means of access to abutting property.
18.80.2920 STREET FRONTAGE
Any property line separating a lot from a street other than an alley; the front lot line.
18.80.2930 STREET, PUBLIC
Any street which has been dedicated to or is otherwise publicly owned. Any street not a public street shall
be deemed a private street.
18.80.2940 STREET TYPES
For the purposes of these regulations, street types are defined as follows:
A.Alley. A street used primarily for vehicular access to the rear of properties which abut and are
served by public or private streets.
B.Arterial. A street or road having the primary function of moving traffic with emphasis on a high
level of mobility for through movement and the secondary function of providing limited access to
adjacent land. Arterial streets are generally designated in the Bozeman transportation plan, how-
ever, streets not depicted in the Bozeman transportation plan may be designated as arterials by the
City Engineer.
1.Principal Arterial. Serves the major centers of activity, the highest traffic volume corridors,
and the longest trip distances in an urbanized area. This group of streets carries the highest
proportion of the total traffic within the urban area with typical loads of 10,000 to 35,000
vehicles per day. Most of the vehicles entering and leaving the urban area, as well as most
through traffic bypassing the central business district, utilize principal arterials. Significant
intra-area travel, such as between central business districts and outlying residential areas,
and between major suburban centers, are served by major arterials.
2.Minor Arterial. Interconnects with and augments the urban principal arterial system. It
accommodates trips of moderate length and at a somewhat lower level of travel mobility
than principal arterials, and it distributes travel to smaller geographic areas. With an empha-
sis on traffic mobility, this street network includes all arterials not classified as principal
arterials while providing access to adjacent lands. Minor arterials typically carry 5,000 to
15,000 vehicles per day.
C.Collector. A street or road that provides equal priority to the movement of traffic, and to the access
of residential, business and industrial areas. This type of roadway differs from those of the arterial
system in that the facilities on the collector system may traverse residential neighborhoods. The
system distributes trips from the arterials to ultimate destinations. The collector streets also collect
traffic from local streets in the residential neighborhoods, channeling it into the arterial system.
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Collectors typically carry 2,000 to 10,000 vehicles per day. Collector streets are typically designated
in the Bozeman transportation plan, however, additional streets may be designated as collectors by
the City Engineer.
D.Cul-de-sac. A street having only one outlet for vehicular traffic and terminating in a turnaround
area.
E.Dead-End Street. A street having only one outlet for vehicular traffic.
F.Half-Street. A portion of the width of a street, usually along the outside perimeter of a subdivi-
sion, where the remaining portion of the street must be located on adjacent property.
G.Local Streets. A street having the primary purpose of permitting access to abutting lands and
connections to higher systems. Generally, service to higher speed traffic movements are intention-
ally discouraged. They typically carry 1,000 to 3,000 vehicles per day but can carry in excess of
6,000.
H.Loop. A local street which begins and ends on the same street, generally used for access to proper-
ties and to control traffic access to arterials or collectors.
18.80.2950 STRUCTURE
Anything constructed or erected which requires location on the ground; and for the purposes of flood-
plain review anything which may impede, retard or alter the pattern of flow of water in a floodplain.
18.80.2960 STRUCTURAL ALTERATION
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams
or girders, or any change in the exterior walls or the roof.
18.80.2970 SUBDIVIDER
Any person, firm, corporation or other entity who causes land to be subdivided or who proposes a subdi-
vision of land.
18.80.2980 SUBDIVISION
A division of land or land so divided that it creates one or more parcels containing less than 160 acres that
cannot be described as a one-quarter aliquot part of a United States government section, exclusive of
public roadways, in order that the title to or possession of the parcels may be sold, rented, leased or
otherwise conveyed, and shall include any resubdivision, and shall further include any condominium or
area, regardless of its size, that provides or will provide multiple space for recreational camping vehicles or
manufactured homes. A subdivision shall comprise only those parcels less than 160 acres that cannot be
described as a one-quarter aliquot part of a United States government section when the parcels have been
segregated from the original tract, and the plat thereof shall show all such parcels whether contiguous or
not.
18.80.2990 SUBDIVISION OR DEVELOPMENT CONSTRUCTION YARD
A temporary office and/or vehicular and material storage yard.
18.80.3000 SUBSTANTIAL DAMAGE
Damage sustained by a structure where the cost of restoring the structure to its condition before damage
would equal or exceed 50 percent of the market value of the structure before the damage occurred as
determined by Gallatin County’s last equalized assessment roll.
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18.80.3010 SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent
of the market value of the structure either:
A. Before the improvement or repair is started; or
B. If the structure has been damaged, and is being restored, before the damage occurred. For the
purposes of this definition, substantial improvement is considered to occur when the first con-
struction to any wall, ceiling, floor or other structural part of the building commences. The term
does not include:
1. Any project for improvement of a structure to comply with existing state or local health,
sanitary or safety code specifications which are solely necessary to assure safe living condi-
tions, or
2. Any alteration of a structure listed on the National Register of Historic Places or State
Inventory of Historic Places.
18.80.3020 SUITABLE FILL
Fill material which is stable, compacted, well-graded, pervious, generally unaffected by water and frost,
devoid of trash or similar foreign matter, devoid of tree stumps or other organic material and is fitting for
the purpose of supporting the intended use and/or permanent structure.
18.80.3030 SURVEYOR (REGISTERED LAND SURVEYOR)
A person licensed in conformance with the Montana Professional Engineers, Registration Act ('37-67-101
through '37-67-332, MCA) to practice surveying in the State of Montana.
18.80.3040 SWAP MEET
Any permanent or temporary sales or lot where the sale or trade of goods, materials and merchandise takes
place outside any permanent structure, from within temporary structures or from vehicles and where
several sellers or traders may congregate for the purpose of selling or trading.
18.80.3050 TEMPORARY USE
A use established for a fixed period of time with the intent to discontinue such use upon the expiration of
the time period.
18.80.3060 TRANSIT STOP
Improvements and facilities at selected points along transit routes for passenger pickup, drop off and
waiting. Facilities and improvements may include shelters, benches, signs, structures and other improve-
ments to provide security, protection from the weather and access to nearby services.
18.80.3070 TOWNHOUSE
A single-household 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.
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18.80.3080 TOWNHOUSE CLUSTER
A building consisting of three or more noncommunicating, attached one-household units placed side by
side and/or back to back, with no unit located over another, and having a common wall between each two
adjacent dwelling units.
18.80.3090 TRACT OF RECORD
An individual parcel of land, irrespective of ownership, that can be identified by legal description, inde-
pendent of any other parcel of land, using documents on file in the records of the County Clerk and
Recorder’s Office.
18.80.3100 UNIFORMITY RATIO
In outdoor lighting, a measure indicating how evenly light is distributed across a surface as expressed in a
ratio of one value to another, such as average to minimum, or maximum to minimum. Using ratios, perfect
uniformity would be 1:1.
18.80.3110 USE
The employment or occupation of a building, structure or land for a person’s service, benefit or enjoy-
ment.
18.80.3120 VARIANCE
A modification or variation of the provisions of this title as applied to a specific piece of property.
18.80.3130 VIOLATION
The failure of a structure, subdivision, use of land or other development to be fully compliant with this
title.
18.80.3140 WALL SIGN
Any sign painted on, attached to or erected against the wall of a building, structure, canopy or awning with
the exposed face of the sign parallel to the plane of said wall or structure. The sign must be attached in a
manner so that it does not extend 6 inches beyond the wall.
18.80.3150 WAREHOUSE
An enclosed building designed and used primarily for the storage of goods and materials.
18.80.3160 WATERCOURSE
Any stream, river, creek, drainage, waterway, gully, ravine or wash in which some or all of the water is
naturally occurring, such as runoff or springs, and which flows either continuously or intermittently and
has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by
reason of overflow.
In the event of a braided or other multiple channel configuration of a watercourse, the area of the water-
course shall be that area lying between the two outermost high water marks, as defined in this title. The
term watercourse shall not be construed to mean any facility created exclusively for the conveyance of
irrigation water or stormwater. The City may consult with other agencies with expertise in this matter
when there is a question of whether a particular water body is a watercourse.
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18.80.3170 WETLAND
Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for
life in saturated soil conditions, including swamps, marshes, bogs and similar areas. The provisions con-
tained in these regulations do not apply to wetlands created by a wholly man-made water source used for
irrigation purposes or stormwater control.
18.80.3180 WHOLESALE
The sale of goods and merchandise for resale instead of for direct consumption.
18.80.3190 WILDLIFE
Animals that are neither human, domesticated, nor feral descendants of commonly domesticated animals.
18.80.3200 WILDLIFE HABITAT
The place or type of habitat where wildlife naturally lives.
18.80.3210 WINDOW SIGN
Any sign painted, attached, glued or otherwise affixed to a window for the purpose of being visible from
the exterior of the building.
18.80.3220 WIRELESS FACILITY
An unstaffed facility for the transmission or reception of radio frequency (RF), microwave or other signals
for commercial communications purposes, typically consisting of an equipment enclosure, an antenna
support structure and one or more antennae. This definition excludes amateur radios, Essential Services
(Type I), satellite earth stations and private receive-only antennae, such as for the reception of television
signals.
18.80.3230 WRECKING YARD
A place, lot or area where the primary function is that of dismantling, storage, abandonment or sale of
goods and materials as parts or scraps.
18.80.3240 YARD
A space on the same lot with a principal building, which is open and unoccupied from the ground upward
or from the ground downward other than by steps, walks, terraces, driveways, lamp posts and similar
structures, and unobstructed by structures, except as otherwise provided in this title.
18.80.3250 ZONING COMMISSION
The Bozeman Zoning Commission.
18.80.3260 ZONING MAP
A map or maps with all notations, dimensions, references and symbols shown thereon depicting individual
zoned districts in accordance with this title.
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