HomeMy WebLinkAboutOrdinance 73- 935, Adds Chapter 17.10, zoning; repeals Chapter 17.08. 247
$�L. % RVI
kphtneCe ORDINANCE NO. 935
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING SECTION 17. 10
OF THE BOZEMAN MUNICIPAL CODE ENTITLED "BOZEMAN AREA ZONING ORDINANCE."
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AS
FOLLOWS, TO WIT:
That Section 17. 10 of the Official Code of the City of Bozeman shall read as
follows:
SECTION 1 TITLE
This ordinance shall be known and cited as the Zoning Ordinance of the City of Bozeman and
referred to as the Zoning Chapter of the Bozeman Municipal Code.
SECTION 2 DEFINITIONS
For the purpose of this ordinance, certain terms and words are defined as follows: Words
used in the present tense shall also include the future; words or phrases used in the singular
shall also include the plural, and words used in the plural shall also include the singular;
the word "building" includes structure and "structure" includes building; the words "used" or
"occupied" shall include within; their meaning "intended, arranged, or designed to be used or
occupied." The word "person" shall include corporation, partnership, or other legal entity.
Where other definitions are necessary and are not defined herein, the City Commission. may define
such terms.
2. 1 ACCESSORY USE OR BUILDING - The use of land or a subordinate building or a portion of a
main building such use being secondary to or incidental to the principal use or structure.
2.2 AGRICULTURE - The tilling of soil, the raising of crops, horticulture and gardening,
dairying or animal husbandry including all uses customarily incidental thereto, but not including
any agriculture industry or business such as fruit packing plants, fur farms, animal hospitals,
commercial feed lots or similar use.
2.3 APARTMENTS - A building or portion thereof designed with more than four individual
dwelling units.
2.4 AUTOMOBILE WRECKING - The dismantling or wrecking of used motor vehicles or trailers or
the storage, sale or dumping of dismantled, or partially dismantled, obsolete or wrecked vehicles
or other parts.
2.5 BOARDING (LODGING OR ROOMING) HOUSE - A building, or portion thereof, other than a hotel,
rest home, or home for the aged where lodging and/or meals exclusive of the operator's
immediate family are provided for compensation.
2.6 BUILDING - Any structure built for support, shelter, or enclosure of persons, animals,
chattels, or property of any kind.
2.7 BUILDING HEIGHT - The vertical distance from the average elevation of the proposed
finished grade at the front of a building to the highest point of a flat roof, the deck line of
a mansard roof, and the mean height between eaves and ridge for gable, hip, and gambrel roofs.
2.8 BUILDING OFFICIAL - That official designated by the City Manager as the official
responsible for accepting, reviewing and approving or rejecting plans for buildings and
applications for building and land use permits and for interpretations and enforcement of
ordinances related thereto.
2.9 BUILDING PERIMETER - The foundation walls of a building and/or supports for appendages
thereto.
2. 10 CHURCH - A building designed for public worship by any religious body.
2. 11 CLINIC - A plane used for the care, diagnosis, and treatment of sick, ailing, infirmed, or
injured persons and those who are in need of medical or surgical attention, but who are not
provided with board or room or kept overnight on the premises.
2. 12 CLUBS (FRATERNAL LODGES) - Buildings and facilities owned and operated by a corporation,
association, person or persons for a social, educational or recreational purpose, but not
primarily for profit or to render a service which is customarily carried on as a business.
2. 13 CONDITIONAL USE - See definition - Use, conditional.
2. 14 DENSITY - The total number of dwelling units allowed per gross acre.
2. 15 DWELLING - A building or portion thereof designed with living quarters for occupancy by
one or more families.
2. 16 DWELLING, ONE-FAMILY - A building designed with accommodations for and occupied by one
family only.
ORDINANCE NO. 935
273
2. 17 DWELLING - MULTI-FAMILY - A building designed with two to four dwelling units.
2. 18 DWELLING UNIT - A building or portion thereof providing separate cooking, eating, sleeping
and living facilities for one family and its resident domestic employees.
2. 19 FAMILY - Any individual, or two or more persons related by blood or marriage, or a group
of not more than four persons (excluding servants) who need not be related by blood or marriage,
living together as a single non-profit housekeeping unit.
2.20 FLOOR AREA - The total number of square feet of floor space within the exterior walls of a
building (except for one finished room in the basement (not to exceed 200 sq. ft.) , floor areas
of basements shall not apply as part of the required minimum floor area of buildings) .
2.21 FRATERNITY (SORORITY) HOUSE - A dwelling occupied and maintained exclusively by members
affiliated with an academic or professional college or university or other recognized institution
of higher learning.
2.22 GARAGE. AUTOMOTIVE REPAIR - Any building or premises used for major repairs of motor vehicles
but not including auto wrecking or storage of wrecked cars. Repair activity shall be conducted
in enclosed places or screened from public view.
2.23 GASOLINE SERVICE STATIONS - Any building or portion thereof and the land upon which it is
situated used for supplying fuel and/or oil for motor vehicles at retail direct to the consumer
end/or making minor vehicle repairs.
2.24 HOME OCCUPATION - The use of a portion of a dwelling as an office, studio, or work room for
occupations at home by one or spore persons residing in the dwelling unit, No home occupation
shall occupy more than 20 percent of the gross floor area nor more than 400 square feet of gross
floor area. The activity must be clearly incidental to the use of the dwelling for dwelling
purposes and shall not change the character or appearance thereof,
2.25 HOSPITAL - An institution providing health services, primarily for in-patients and medical
or surgical care of the sick or injured, including out-patient departments, training facilities,
central service facilities and staff offices.
2.26 MOTEL - A building containing six or more rooms designed for and rented out for sleeping
purposes for transients and where only a general kitchen and dining room are provided in the
building or in an accessory building.
2.27 JUNK YARD - Primary or accessory use of a parcel of land for the storage, dismantling
or selling of cast-off or salvage material of any sort in any other than the original form in
which it was manufactured and/or assembled thus, not including reconditioned second-hand
furniture, fixtures, or antiques sold from within a walled building.
2.28 LANDSCAPING - The placement of ornamental fixtures such as fountains, ornamental walls,
fences, benches, along with vegetative plantings of trees, shrubs, grass, flowers, etc. This
definition shall also include the designing of the placement of such materials.
2.29 LOADING BERTH - OFF-STREET - An off-street space or berth on the same lot with a principal
building for the parking of a commercial vehicle while loading or unloading merchandise and
which has direct access from a public street or alley.
2.30 LOT - A parcel or plot of land shown as an individual unit of ownership on the most
recent plat or other record of subdivision.
2.31 LOT. CORNER - A lot situated at the junction of and abutting on two or more streets.
2.32 LOT, COVERAGE - The total area of a lot covered by the principal and accessory buildings.
2.33 LOT LINES - The lines bounding a lot as defined herein.
2.34 LOT WIDTH - The width of a lot along a line parallel to the frontage thereof and lying a
distance equal to the required front yard setback on such lot.
2.35 MASTER PLAN - Master plan shall include any document or portion of any document duly
adopted by the City Commission which is intended to guide the growth and development of the area.
2.36 MOBILE HOME - A transportable structure built on a chassis and designated to be used
without a permanent foundation as a dwelling unit when connected to sanitary facilities, (the
phrase "without permanent foundation" indicates that the support system is constructed with the
intent that the mobile home placed thereon will be moved from time to time at the convenience of
the owner) .
2.37 MOBILE HOME PARK - A parcel of land that has been planned and improved for the placement
i
of mobile homes for residential use.
2.38 MOTEL - See Hotel.
2.39 NURSING HOME - A building or portion thereof used for the housing of and caring for the
ambulatory, aged, or infirmed by a professional staff.
2.40 PARKING LOTS - A structure or an area, other than a public street or alley, designed or
used for the temporary parking of motor vehicles and available for public use whether free, for
compensation, or an accommodation for customers or clients.
ORDINANCE NO. 935
274
2.41 PARKING BRACE, OFF-STREET - A spaci-'located off any public right-of-way which is at least
nine feet by twenty feet in size for parking of any motor vehicle, with room to get out of either
side of the vehicle, with adequate maneuvering space, and with access to public streets or alleys.
2.42 PLANNED UNIT DEVELOPMENT - An area of land in single ownership or control to be developed
as a single integrated unit, the plan for which may not correspond in lot size, bulk or type of
building, density, lot coverage, use, and required open space of the regulations established in
the district.
2.43 PROFESSIONAL (BUSINESS) OFFICES - Offices to be occupied by accountants, architects,
dentists, doctors, engineers, lawyers, insurance agents, real estate agents, or other professions
which are of a similar nature.
2.44 RESTAURANT - A public eating house which does not provide curbside or automobile service.
2.45 RETAIL SALES - An establishment selling goods, wares, or merchandise directly,.to the
ultimate consumer.
2.46 ROOMING HOUSE - See boarding house.
2.47 ROOMING UNIT - See unit, rooming.
2.48 SCREENED - Concealed or cut off from direct visual contact.
2.49 SETBACK - The horizontal distance required between any structure and a lot line. This
distance to be measured at right angles to the property line.
2.50 SHOPPING CENTER - One or more buildings containing at least three separate retail
businesses planned, developed and managed as a unit, with off-street parking provided on the
property.
2.51 SIGN - Any face of any lettered or pictorial device and/or structure designed to inform
or attract attention.
2.52 SORORITY - See fraternity house.
2.53 STRUCTURE - That which is built or constructed, an edifice or building of any kind or any
piece of work artificially built up or composed of parts ,joined together in some definite manner.
2.54 STRUCTURAL ALTERATION - Any change in the shape or size of any portion of a building or
of the supporting members of the building or structure such as walls, columns, beams, arches,
girders, floor joist, or roof rafters.
2.55 TRAVEL TRAILER - A vehicular portable structure designed as a temporary dwelling for
travel, recreation, and vacation uses which is not more than eight feet in body width nor
thirty-two feet in body length.
2.56 TRAVEL TRAILER PARK - Any area or tract of land rented or held out for rent to one or more
persons or users for parking or placement of temporary recreational or vacation housing.
2.57 UNIT. EFFICIENCY - An efficiency unit is an apartment unit with unseparated area for
sleeping and/or cooking.
2.58 UNIT, ROOMING - A rooming unit is a space for human occupancy lacking private bath and/or
kitchen facilities with a floor area of at least 450 square feet.
2.59 USE - Any purpose for which a building or other structure or a tract of land may be
designed, arranged, intended, maintained, or occupied or any activity, occupation, business, or
operation carried on or intended to be carried on in a building or other structure or on a tract
of land.
2.60 USE. CONDITIONAL - Uses, other than permitted uses, that may be allowed in a specific
district but requiring additional safeguards to maintain and assure the health, safety, morals,
and general welfare of the community and to maintain the character of the district.
2.61 VARIANCE - The relaxation of the strict application of the terms of this ordinance with
respect to mechanical requirements such as set-back requirements, area requirements, building
height, parking and loading space requirements, etc: , where specific physical conditions unique
to the site of the lot would create an unreasonable burden by making its development for
permitted uses difficult or impossible.
2.62 WHOLESALE ESTABLISHMENT - An establishment for the sale of goods and merchandise for
resale instead of direct consumption.
2.63 YARD. FRONT - An open space extending across the full width of the lot between the front
building line and the front lot line.
2.64 YARD. REAR - An open space extending across the full width of the lot between the rear
building line of the principal building and the rear lot line.
2.65 YARD. SIDE - An open space extending from the side building line to a side lot line
running from the front to the rear of the lot.
ORDINANCE NO. 935
IIII 11111 uu
275
2.66 ZERO LOT LINE - The relaxation of the strict application of side yard requirements where
two adjoining lot owners agree to the side yard reduction. (Two single-family dwellings may be
constructed on the lot line with a common wall.)
SECTION 3 ESTABLISHMENT OF DISTRICTS
3. 1 OFFICIAL ZONING MAP
The city and its extraterritorial limits surrounding the city is hereby divided into zones, or
districts, as shown on the Official Zoning Maps which, together with all explanatory matter
thereon, is hereby adopted by reference and declared to be a part of this ordinance.
For the purpose of this ordinance, the City of Bozeman is hereby divided and classified into
the following use districts:
1. A-S - Agriculture Suburban District
2. R-S - Residential Subutban District
3. R-1 - Residential - Single-family, low density
4. R-2 - Residential - Single-family, medium density
5. R-3 - Residential - Medium density
6. R-4 - Residential - Medium density apartments
7. R-5 - Residential - High density
8. R-O - Residential - Office district
9. B-1 - Neighborhood Business District
10. B-2 - Community Highway Business
11. B-3 - Central Business
12. M-1 - Commercial, light manufacturing
13. M-2 - Manufacturing and Industrial
14. TR - Technology Research
15. PLI - Public Lands and Institutions
16. T - Transitional District
17. FD - Flood Hazard District
3,2 CERTIFICATE
The Official Maps shall be available in the office of the City Building Official and shall
bear certificate with the signature of the Mayor attested by the Clerk of the Commission and
the date of adoption of this ordinance.
The Certificate should read as follows: "This is to certify that this is an Official Zoning Map
referred to in Section 3 of Ordinance Number 935 of the City of Bozeman, Montana."
Mayor William E. Grabow
Attested Erna V. Harding
Date of Adoption August 22, 1973
If any changes to the map are made by amendment of this ordinance in accordance with Section 33
hereof, such changes shall be made to the Official Zoning Maps and signed, dated and certified
upon the map or upon the material attached thereto.
Regardless of the existence of purported copies of the Official Zoning Maps which may from time
to time be made or published, the Official Zoning Maps kept in the City Offices by the City
Building Official shall be the final authority as to the current zoning status of land and
water areas, buildings, and other structures in the city.
3.3 REPLACEMENT OF OFFICIAL ZONING MAPS
In the event that the Official Zoning Maps become damaged, destroyed, lost, or difficult to
interpret because of the nature or number of changes and additions thereto, the City Commission
may adopt and certify new Official Zoning Maps which shall supersede.:the prior Official Zoning
Maps. The new Official Zoning Maps may correct drafting or other errors or omissions in the
prior map, but no such corrections shall have the effect of amending the original Official Zoning
Maps or any subsequent amendment thereof.
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 August 22, 1973 as part of Ordinance Number 935 of the City of Bozeman, Montana."
Mayor
Attested
1II/ Date of Amendment
3.4 INTERPRETATIONS OF BOUNDARIES
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; where:
1. Boundaries indicated as approximately following the center line of streets, highways,
or alleys shall be construed to follow such center lines;
2. Boundaries indicated as approximately following platted lot lines shall be construed
as following such lot lines;
ORDINANCE NO. 935
111111 III, III
I II 11111 1........41.111.11.1111111111111
2'76
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 center line of streams, rivers, canals, or
ditches shall be construed to follow such center lines;
6. Boundaries indicated as parallel to or extensions of features indicated on the
Official Zoning Map shall be determined by the scale of the map;
7. Where physical or culture 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 City Commission shall interpret the district boundary,
3.5 INTERPRETATION OF USES
If questions arise concerning the appropriate classificatipn of a particular use, or if the
specific use is not listed, the City Commission shall determine the appropriate classification
for that use. In interpreting use classification, the City Commission shall determine:
1. That the use and its operation are compatible with the uses permitted in the district
wherein the use is proposed to be located.
2. That the use is similar to one or more uses permitted in the district wherein it is
proposed to be located.
3. That the use will not cause substantial injury to values of property in the neighborhood
or district wherein it is proposed to be located.
4. That neither the intent of the ordinance nor the intent of the district will be
abrogated by such classification.
SECTION 4 APPLICATION OF DISTRICT REGULATIONS
Except as herein provided in Section 22, 23, 29, and 31 with respect to supplementary regulations,
conditional uses, non-conforming uses and non-conforming buildings, and variances the regulations
set by this ordinance shall be minimum regulations and all regulations as categorized shall
apply uniformly to each class or kind of structure or land and particularly:
4. 1 No building, structure or land shall hereafter be used or occupied, and no building,
structure of part thereof shall hereafter be erected, constructed, reconstructed, moved or
structurally altered unless it is in conformity with all of the regulations herein specified for
the district in which it is located.
4.2 No building or other structure shall hereafter be erected or altered: a) to exceed the
height or bulk; b) to accommodate or house a greater number of families; c) to occupy a greater
percentage of lot area; d) to have narrower or smaller rear yards, front yards, side yards, or
other open spaces.
4.3 No part of any yard, or other open space, or off-street parking or loading space required
about or in connection with any building for the purpose of complying with this ordinance, shall
be included as part of a yard, open space, or off-street parking or loading space similarly
required for any other building except as provided in Section 27 of this code.
4.4 No yard or lot existing at the time of adoption of this ordinance shall be reduced in
dimension or area below the minimum requirements set forth herein. Yards or lots created after
the effective date of this ordinance shall meet at least the minimum requirements established by
this ordinance.
4.5 All territory which may hereafter be annexed to the city or the city's nearest classification
district as designated by any county zoning ordinance. However, the City Commission shall
determine the appropriate zoning for any and all area to be annexed to the city or to be annexed
to the city's extraterritorial limits but shall request a recommendation from the City Zoning
Commission and shall take into consideration the area master plan.
When such zoning of annexed territory is to be effective at the time of such annexation, the
Zoning Commission shall have held its public hearing in order that the City Commission may
determine the proper zoning by an amendment to be effective upon the effective date of such
annexation.
SECTION 5 AS - AGRICULTURE SUBURBAN DISTRICT
5. 1 INTENT
The intent of this district is to discourage small tract development in areas of agriculture
importance and in areas of environmental concern. It is intended that through the use of this
district, agriculture pursuits will be encouraged and environmental concerns, such as high water
table and flood plains, will be protected.
5.2 PERMITTED USES
1. Accessory uses and buildings including single or multg±family dwellings to house
employees working on the farm or ranch
2. Agriculture uses
3. Conditional uses as provided in Section 23 of this ordinance
4. Home occupations
5. One-family dwellings
6. The sale, on the premises, of products produced thereon
7. Veterinary clinics
5.3 LOT AREA AND WIDTH
Minimum lot area in this district shall be 10 acres with a lot width not less than 330 feet.
ORDINANCE NO. 935
277
5.4 LOT COVERAGE
No more than 10 percent of the lot area shall be covered by the principal and accessory buildings.
5.5 YARDS
Every lot shall have the following minimum yards:
Front yard 35 feet
Rear yard 25 feet
Side yards 25 feet each side
5.6 BUILDING HEIGHT
Maximum building height for buildings designed and constructed for human occupancy shall be 24
feet. All other structures may exceed this height.
5.7 OFF-STREET PARKING
Two off-street parking spaces shall be provided for each dwelling unit.
5.8 ANIMAL ENCLOSURES - SETBACKS
Except for pastures, any stable, barn, hutch, pen, shed or other such structure built to enclose
or house animals or fowl shall be not less than fifty (50) feet from any structure used for
human occupancy.
SECTION 6 R-S RESIDENTIAL SUBURBAN - COUNTRY ESTATES
6. 1 INTENT
The intent of this district is to provide for reasonable single-family-development in areas with
severe physical limitation and where central water and sewer systems are not available.
6.2 PERMITTED USES
1. Accessory uses
2. Agriculture uses
3. Barns and animal shelters
4. Conditional uses approved in Section 23
5. Home occupations
6. Newly constructed one-family dwellings
7. Temporary buildings for and during construction, only
8. The keeping of animals and fowl for family food production and the keeping of
horses for private use, together with their dependent young as hereinafter set
forth per 2k acres:
one horse, or one cow, or two sheep, or two goats, or ten rabbits, or
36 fowl (chickens, pheasants, pigeons, etc.) , or six larger fowl (ducks,
geese, turkey, etc.)
6.3 LOT AREA AND WIDTH
Lot area for this district shall be determined by existing soils conditions and groundwater, and
other limitations for urban development. Under no circumstances shall the lot area be less than
than one acre with a lot width not less than 150 feet.
Minimum lot areas for each residential suburban district shall be indicated by a numerical value
following the district initials, i.e. , R-S - 1 -- will indicate one acre minimum, R-S - 2 -- will
indicate two acre minimum.
6.4 LOT COVERAGE AND FLOOR AREA
Not more than 15 percent of the lot area shall be occupied by the principal and accessory buildings.
And, each dwelling unit shall have a minimum of 1000 square feet of floor area.
6.5 YARDS
1. Every lot shall have the following minimum yards:
Front yard 35 feet
Rear yard 25 feet
Side yards 25 feet each side
2. 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 fifty (50) feet
11 from any property line.
6.6 BUILDING HEIGHT
Maximum building height in this district shall be 24 feet.
6.7 OFF-STREET PARKING
Two off-street parking spaces shall be provided for each dwelling unit. Off-street parking for
ORDINANCE NO. 935
278
non-residential uses shall be provided as specified in Section 27 of this ordinance.
SECTION 7 R-1 RESIDENTIAL - SINGLE FAMILY - LOW DENSITY
7. 1 INTENT
The intent of this district is to provide for newly constructed, low density, single-family
residential development, to conform to the system of services available, to the slope of the
land or ether limiting factors, and to provide for such community facilities and services as will
serve the area's residents while protecting the residential character and quality of the area.
7.2 PERMITTED USES
1. Accessory uses
2. Conditional uses provided in Section 23 and subject to the conditions and requirements
prescribed
3. Home occupations
4. Newly constructed one-family dwellings
5. Temporary buildings for and during construction, only
7.3 LOT AREA AND WIDTH
Lot area for any use in this district shall be no less than 10,000 square feet and no lot width
shall be less than 80 feet.
7 .4 LOT COVERAGE AND FLOOR AREA
Not more than 25 percent of the lot area shall be occupied by the principal and accessory
buildings. Each dwelling unit shall have a minimum of 1,250 square feet of floor area.
7.5 YARDS
Every lot shall have the following minimum yards:
Front yard 25 feet
Rear yard 25 feet
Side yards 12 feet each side
7.6 BUILDING HEIGHT
Maximum building height in this district shall be 24 feet.
7.7 OFF-STREET PARKING
Two off-street parking spaces shall be provided for each dwelling unit. Off-street parking for
non-residential uses shall be provided as specified in Section 27 of this ordinance.
7.8 OFF-STREET LOADING
One off-street loading berth, as specified in Section 28 of this ordinance shall be required
for each non-residential building of over 10,000 square feet of floor area.
SECTION 8 RAO RESIDENTIAL - SINGLE FAMILY - MEDIUM DENSITY
8. 1 INTENT
The intent of this district is to provide for newly constructed single-family residential
development of a density normal to that previously developed in areas that present few or no
development problems, and for neighborhood facilities to serve such development while preserving
the residential quality and nature of the area.
8.2 PERMITTED USES
Permitted uses in this district shall be only those uses permitted in an R-1 District.
8.3 LOT AREA AND WIDTH
Lot area for any use in this district shall be not less than 7,500 square feet and no lot
width shall be less than 70 feet.
8.4 LOT COVERAGE AND FLOOR AREA
No more than 30 percent of the lot area shall be occupied by the principal and accessory
buildings. Each dwelling shall have a minimum of 1000 square feet of floor area.
8.5 YARDS
Every lot shall have the following minimum yards:
Front yard 25 feet
Rear yard 20 feet
Side yards 8 feet each side
8.6 BUILDING HEIGHT
Maximum building height in this district shall be 24 feet.
ORDINANCE NO. 935
279
8.7 OFF-STREET PARKING
Off-street parking requirements for this district shall be the same as for the R-1 District.
8.8 OFF-STREET LOADING
Off-street loading requirements for this district shall ,be the same as for the R-1 District.
SECTION 9 R-3 RESIDENTIAL - MEDIUM DENSITY
9. 1 INTENT
The intent of this district is to provide for the development of one to four family residential
structures and service facilities. It should provide for changing patterns of residential areas
where facilities can be provided to serve the residents and for a variety of housing types to
serve the varied needs of families of different size, age, and character, while reducing the
adverse effects of non-residential uses.
9.2 PERMITTED USES
1. Accessory Uses
2. Churches
3. Conditional uses as provided in Section 23 of this ordinance
4. Fraternity and sorority houses
5. Home occupations
6. Multi-family dwellings
7. Rooming and boarding houses (maximum of five rooming units plus family quarters)
8. Temporary buildings for and during construction, only
9. Uses permitted in the R-1 and R-2 Districts
9.3 LOT AREA AND WIDTH
1. Minimum lot area for two to four family units shall be 3000 square feet per
dwelling unit with a lot width of at least 60 feet.
2. Minimum lot area for other uses shall be 5000 square feet with a minimum lot
width of 60 feet.
9.4 LOT COVERAGE AND FLOOR AREA
Not more than 40 percent of the lot shall be occupied by the principal and accessory buildings.
Each dwelling unit shall have a minimum of 750 square feet of floor area.
9.5 YARDS
Every lot shall have the following minimum yards:
Front yard 25 feet
Rear yard 20 feet
Side yards 8 feet each side
9.6 BUILDING HEIGHT
Maximum building height shall be 32 feet.
9.7 OFF-STREET PARKING
Off-street parking shall be provided in accordance with the requirements in Section 27 of this
ordinance.
9.8 OFF-STREET LOADING
Off-street loading shall be provided in accordance with the requirements of Section 28 of this
ordinance.
SECTION 10 R-4 RESIDENTIAL - MEDIUM DENSITY APARTMENTS
10. 1 INTENT
The intent of this district is to provide for the development of medium density apartments. The
district should provide a variety of housing types to serve the varied housing needs of area
residents and be distinguished from the R-5 and R-0 zones by height and use control.
10.2 PERMITTED USES
1. Apartments
2. Clinics, hospitals and nursing homes
3. Efficiency units
4. Uses permitted in the R-1, R-2 and R-3 Districts
10.3 LOT AREA AND WIDTH
1. Lot area for single-family dwellings shall be not less than 5000 square feet with a
minimum lot width of 50 feet.
2. Lot area for other buildings shall be not less than 5000 square feet plus 640 square
feet for each additional unit over one with a minimum lot width of 50 feet.
ORDINANCE NO. 935
280
10.4 LOT COVERAGE AND FLOOR AREA
Not more than 40 percent of the lot area shall be occupied by the principal and accessory
buildings. Each dwelling unit shall have a minimum of 750 square feet of floor area in its
living quarters.
10.5 YARDS
Every lot shall have the following yards:
Front yard 25 feet
Rear yard 20 feet
Side yards 8 feet each side
10.6 BUILDING HEIGHT
Maximum building height shall be 32 feet.
10.7 OFF-STREET PARKING
Off-street parking shall be provided in accordance with the requirements in Section 27 of this
ordinance.
10.8 OFF-STREET LOADING
Off-street loading shall be provided in accordance with the requirements of Section 28 of this
ordinance.
SECTION 11 R-5 RESIDENTIAL - HIGH DENSITY
11. 1 INTENT
The intent of this district is to provide for high density residential apartment development with
associated service functions. This will provide for a variety of compatible housing types to serve
the varying needs of the community's residents.
11.2 PERMITTED USES
Uses permitted in the R-1, R-2, R-3, and R-4 Districts.
11.3 LOT AREA AND WIDTH
1. Lot area for single-family dwellings shall be not less than 5000 square feet with
a minimum lot width of 50 feet.
2. Lot area for buildings up to two stories shall be not less than 5000 square feet
plus 640 square feet for each additional dwelling unit over one. Minimum lot width
shall be 50 feet.
3. Lot area for buildings three or more stories shall not be less than 6000 square feet
and shall contain at least one square foot of lot area for each three square feet of
gross floor area in the building. Minimum lot width shall be 50 feet.
11.4 LOT COVERAGE AND FLOOR AREA
Not more than 40 percent of the lot shall be occupied by the principal and accessory buildings.
Each dwelling unit shall have a minimum of 600 square feet of floor areas in its living quarters.
11.5 YARDS
Every lot shall have the following minimum yards:
Front yard 25 feet
Rear yard 20 feet
Side yards 8 feet each side
11.6 OFF-STREET PARKING
Off-street parking shall be provided in accordance with the requirements in Section 27 of this
ordinance.
11.7 OFF-STREET LOADING
Off-street loading shall be provided in accordance with the requirements of Section 28 of this
ordinance.
SECTION 12 R-O RESIDENTIAL OFFICE DISTRICT
12. 1 INTENT
The intent of this district is to provide for high density residential apartment development and
compatible professional and business offices with associated service functions. Design should
maintain a residential character.
ORDINANCE NO. 935
281
12.2 PERMITTED USES
1. Accessory uses
2. Barber shops and beauty shops
3. Buildings with dwellings and offices
4. Conditional uses provided in Section 23 of this ordinance
5. Efficiency unit
6. Establishments dealing in prosthetic appliances, eye glasses, hearing aids; including
production for on-premise sale, fitting, repair, and sale of such products or their
parts
7. Florists
8. News and tobacco stands or stores
9. Private clubs and fraternal lodges, excluding bars except as a conditional use
10. Professional (business) offices
11. Restaurants
12. Signs
13. Temporary buildings for and during construction, only
14. Uses permitted in R-4 District
12.3 LOT AREA AND WIDTH
Lot area and width for uses in the R-0 District shall be the same as required in the R-4 District.
12.4 LOT COVERAGE AND FLOOR AREA
1. Lot coverage and floor area requirements for residential uses in the R-0 District
shall be the same as the requirements in the R-4 District.
2. Lot coverage for all other permitted uses in this district shall not be more than 60
percent of the lot area.
12.5 YARDS
Every lot shall have the following minimum yards:
Front yard 25 feet
Rear yard 20 feet
Side yards 8 feet mach side
12.6 BUILDING HEIGHT
Maximum building height for this district shall be 32 feet.
12.7 OFF-STREET PARKING
Off-street parking shall be provided in accordance with Section 27 of this ordinance.
12.8 OFF-STREET LOADING
Off-street loading shall be provided in accordance with Section 28 of this ordinance.
SECTION 13 B-1 NEIGHBORHOOD BUSINESS DISTRICT
13. 1 INTENT
The intent of this district is to provide for small retail and service activities frequently
required by neighborhood residents on a day to day basis, while still maintaining a residential
character.
Activities shall be limited to those which are:
1. Completely enclosed within a buildings;
2. Not larger than 5000 square feet in gross floor area.
13.2 PERMITTED USES
1. Accessory uses
2. Conditional uses as provided in Section 23 of this ordinance
3. Dry cleaning and laundry establishments (processing not to be done on premises)
4. Foods stores, such as grocery stores, bakeries, etc.
5. Restaurants (exclusive of drive-ins)
6. Self-service, automatic laundries
7. Signs (only one facade sign per business, plus one directory sign per district)
8. Temporary buildings for and during construction, only
9. Variety stores
13.3 LOT AREA AND WIDTH
Lot area for this district shall be adequate to provide for required yards and off-street parking,
but in no case less than 5000 square feet and 50 feet in width.
13.4 LOT COVERAGE
The entire lot, exclusive of required yards and parking, may be occupied by the principal and
accessory buildings.
ORDINANCE NO. 935
282
13.5 YARDS
Every lot shall have the following minimum yards:
Front yard 25 feet
Rear yard 20 feet
Side yards 8 feet
13.6 BUILDING HEIGHT
Maximum building height in this district shall be 32 feet except when adjacent to an R-S, R-1,
or R-2 District wherein the height shall not exceed 24 feet.
13.7 0FF-STREET PARKING
0ff-street parking shall be provided in accordance with Section 27 of this ordinance.
13.8 OFF-STREET LOADING
Off-street loading shall be provided in accordance with Section 28 of this ordinance.
SECTION 14 B-2 COMMUNITY HIGHWAY BUSINESS DISTRICT
14. 1 INTENT
The intent of this district is to provide for a broad range of retail and service functions
especially those needing orientation to major thoroughfares.
14.2 PERMITTED USES
1. Antique shops
2. Art and music supply stores
3. Barber and beauty shops
4. Bars, taverns, and cocktail lounges
5. Bowling alleys
6. Conditional uses provided in Section 23 of this ordinance
7. Equipment sales and service
8. Food and drug stores
9. Frozen food storage and locker rental
10. Furniture stores
11. Gasoline service stations
12. Hotels and motels
13. Laundries and dry cleaning establishments
14. Liquor stores
15. Mortuaries
16. Post offices
17. Professional and business offices
18. Research and development institutions
19. Restaurants, cafes and drive-in eating establishments
20. Shopping centers
21. Signs
22. Sporting goods stores
23. Temporary buildings for and during construction, only
24. Theaters, except drive-in theaters
25. Uses customarily accessory to those listed
26. Vehicle and boat sales, showrooms, and service areas
27. Veterinary clinics - small animal hospitals
14.3 LOT AREA AND WIDTH
Lot area for this district shall not be less than 7,500 square feet and no lot width shall be
less than 75 feet.
14.4 LOT COVERAGE
The entire lot exclusive of required yards and parking may be occupied by the principal and
accessory buildings.
14.5 YARDS
Every lot shall have the following minimum yards:
Front yard 25 feet
Rear yard 10 feet
Side yards 8 feet each side
14.6 BUILDING HEIGHT
Maximum building height in this district shall be 32 feet.
14.7 OFF-STREET PARKING
Off-street parking shall be provided in accordance with Section 27 of this ordinance.
14.8 OFF-STREET LOADING
Off-street loading shall be provided in accordance with Section 28 of this ordinance.
ORDINANCE NO. 935
28`)
SECTION 15 B-3 CENTRAL BUSINESS DISTRICT
15. 1 INTENT
The intent of this district is to provide a central area for the community's business,
government, service, and cultural activities. Uses within this district should be appropriate
to such a focal center with inappropriate uses being excluded. Room should be provided in
appropriate areas for logical and planned expansion of the present district.
15.2 PERMITTED USES
1. Bakeries
2. Bars, cocktail lounges
3. Conditional uses in accordance with Section 23 of this ordinance
4. Dressmaking
5. Financial institutions
6. Hotels and motels
7. Laundry and dry cleaning
8. Meeting and lodge halls
9. Museums, libraries and galleries
10. Parking lots
11. Printing offices
12. Private schools, such as dance, business, secretarial and technical but not private
or public elementary or secondary schools
13. Professional and business offices (for personal services)
14. Public offices
15. Repair services for clothes, dolls, small appliances, watches, glasses, and such
other items
16. Restaurants and cafes
17. Retail sales such as:
a) clothing
b) candy
c) furniture
d) jewelry
but excluding heavy machinery
18. Signs
19. Temporary buildings for and during construction, only
20. Theaters, except drive-ins
21. Uses customarily accessory to those listed
22. Wholesale establishments that use samples, but do not store stock on premises
15.3 LOT AREA AND WIDTH
No minimum lot area or width prescribed
15.4 COVERAGE
Buildings may cover entire lot providing other requirements are met.
15.5 YARDS
No minimum yards prescribed except a 15 foot front yard shall be required on Mendenhall and
Babcock Streets.
15.6 OFF-STREET PARKING
Off-street parking shall be provided in accordance with Section 27 of this ordinance.
15.7 OFF-STREET LOADING
Off-street loading shall be provided in accordance with Section 28 of this ordinance.
SECTION 16 M-1 COMMERCIAL - LIGHT MANUFACTURING
16. 1 INTENT
The intent of this district is to provide for the community's needs for wholesale trade,
storage, and warehousing, trucking and transportation terminals, light manufacturing and similar
activities. District should be oriented to major transportation facilities yet arranged to
minimize adverse effects on residential developments; therefore, some type of screening may be
necessary. Residences shall not be permitted in this district.
16.2 PERMITTED USES
1, Accessory uses
2. Building materials sales
3. Building contractors establishments
4. Cabinet shops
5. Conditional uses as provided in Section 23 of this ordinance
6. Enclosed warehousing
7. Flour and feed mills
8. Food processing plants
9. Gasoline service stations
10. Grain elevators
ORDINANCE NO. 935
284
11. Greenhouses
12. Machine shops
13. Manufacturing of light consumer goods, i.e. , electronic equipment, appliances,
furniture, beverages
14. Outside storage if accessory to permitted use and if screened from street, and
surrounding properties by solid fence or dense plantings at least six (6) feet high
15. Paint shops
16. Repair and service establishments for light consumer goods, i.e. , automobiles,
appliances, furniture
17. Signs
18. Sign shops
19. Temporary buildings for and during construction, only
20. Truck and rail terminal facilities
21. Vehicle and boat sales
16.3 LOT AREA AND WIDTH
Lot area for this district shall not be less than 7,500 square feet and no lot width shall be
less than 75 feet.
16.4 LOT COVERAGE
The entire lot, exclusive of required yards and parking, may be occupied by the principal and
accessory buildings.
16.5 YARDS
Every lot shall have the following minimum yards:
Front yard 20 feet
Rear yard none*
Side yards none*
*When a lot is adjacent or faces upon another zone, the yards shall meet the requirements of the
adjoining zone and buildings shall be screened with either a decorative fence or plantings. When
a lot abuts a street or alley on either side or the rear, a yard of at least 15 feet shall be
provided on the street or alley side.
16.6 BUILDING HEIGHT
Maximum building height in this district shall be 40 feet.
16.7 OFF-STREET PARKING
Off-street parking shall be providing in accordance with Section 27 of this ordinance.
16.8 OFF-STREET LOADING
Off-street loading shall be provided in accordance with Section 28 of this ordinance.
SECTION 17 M-2 MANUFACTURING AND INDUSTRIAL
17. 1 INTENT
The intent of this district is to provide for heavy manufacturing and industrial uses, serving
vocational and employment needs of Bozeman residents.
17.2 PERMITTED USES
1. Accessory uses clearly subordinate to, but an integral part of the primary use of the
property, i.e. , plant cafeteria, first aid station, recreation area
2. All use permitted in the M-1 District plus any manufacturing or industrial use is
provided in this district if in compliance with all provisions of this ordinance;
however, no residential uses, auto wrecking yards, junk yards or garbage dumps shall
be permitted except in accordance with Section 23 of this ordinance.
No use shall be permitted which causes excessive noise, vibration, smoke, dust, or
other particulate matter, toxic or noxious matter, humidity, heat or glare which
extends beyond the lot boundaries of the specific use. "Excessive" is defined for
these purposes as a degree that could be observed by the building official of the
city and determined to be offensive or a degree deemed by the State Health Department
to be injurious to the public health, safety, or welfare of the residents of the area.
3. Conditional uses as provided in Section 23 of this ordinance
4. Signs
17.3 LOT AREA AND WIDTH
Lot area for this district shall be not less than 7500 square feet and no lot width shall be less
than 75 feet.
17.4 LOT COVERAGE
The entire lot, exclusive of required yards and parking may be occupied by the principal and
accessory buildings.
ORDINANCE NO. 935
285
17.5 YARDS
Every lot shall have the following minimum yards:
Front yard 20 feet
Rear yard none*
Side yards none*
*When a lot is adjacent or faces upon another zone, the yards shall Meet the requirements of the
adjoining zone and building shall be screened with either a decorative fence or plantings. When
a lot abuts a street or alley on either side or the rear, a yard of at least 15 feet shall be
provided on the street or alley side.
17.6 OFF-STREET PARKING
Off-street parking shall be provided in accordance with Section 27 of this ordinance.
17.7 OFF-STREET LOADING
Off-street loading shall be provided in accordance with Section 28 of this ordinance.
SECTION 18 TR TECHNOLOGY RESEARCH DISTRICT
18. 1 INTENT
The intent of this district is to provide for technology research establishments needing resources
found at the university. These areas should be in close proximity to the university and so
developed as to protect surrounding residential development.
18.2 PERMITTED USES
1. Accessory uses
2. Computer research establishments
3. Conditional uses as provided in Section 23 of this ordinance
4. Electronics research establishments
5. Signs (one identification sign per establishment)
6. Temporary buildings for and during construction, only
18.3 LOT AREA AND WIDTH
111 Lot area for this district shall not be less than 20,000 square feet, and no, lot width shall be
less than 150 feet.
18.4 LOT COVERAGE
No more than 40 percent of the lot area shall be occupied by the principal and accessory buildings.
18.5 YARDS
No requirement except when lot is adjacent to another district. The yards then shall be the same
as the adjoining district.
18.6 BUILDING HEIGHT
Maximum building height in this district shall be the same as the lowest height of any adjacent
district.
18.7 OFF-STREET PARKING
Off-street parking for this district shall be provided in accordance with Section 27 of this
ordinance.
18.8 OFF-STREET LOADING
Off-street loading for this district shall be provided in accordance with Section 28 of this
ordinance.
SECTION 19 PLI PUBLIC LANDS AND INSTITUTIONS
19. 1 INTENT
The intent of this district is to provide for major public and quasi-public uses outside of
other districts. Not all public and quasi-public uses need be classified PLI. Some may fit
within another district; however, the larger areas should be distinguished PLI.
19.2 PERMITTED USES
1. Accessory buildings
2. Cemeteries
3. Museums, zoos, historic and culture exhibits
4. Other public buildings, i.e. , fire and police stations and municipal buildings
5. Public and non-profit quasi-public institutions, i.e. , universities, elementary,
junior and senior high schools and hospitals
6. Publicly-owned land used for parks, playgrounds, and open space
7. Temporary buildings for and during construction, only
ORDINANCE NO. 935
286
19.3 LOT AREA AND WIDTH
No requirement.
19.4 LOT COVERAGE
The entire lot, exclusive of required yards and parking, may be occupied by the principal and
accessory buildings.
19.5 YARDS
No requirement except when lot is adjacent to another district. The yards then shall be the same
as the adjacent district.
19.6 OFF-STREET PARKING
Off-street parking for this district shall be provided in accordance with Section 27 of this
ordinance.
19.7 OFF-STREET LOADING
Off-street loading for this district shall be provided in accordance with Section 28 of this
ordinance.
SECTION 20 T TRANSITIONAL DISTRICT
20. 1 INTENT
It is the intent of this district to create a buffer in specific areas needing added protection
or where two, perhaps conflicting, uses or districts join, or where an area is in transition from
one major use to another, i.e. , residential to commercial.
20.2 APPLICATION
The provisions of the transitional district may be added to any other district by adding the
symbol "T" to the district symbol, i.e. , M-1-T means all provisions of the M-1 and T Districts
are applicable.
20.3 PERMITTED USES
Any permitted use in the district to which the T District is applied is a permitted use in the T
District itself subject to direct review and approval of provisions and requirements of this
ordinance. In granting or denying a proposed use and in establishing conditions for said use,
the Building Official and the City Commission shall be governed by the specific standards
adopted in this ordinance creating the T District as well as the general standards provided for
in this ordinance.
20.4 STANDARDS
The Zoning Commission recommendation of a particular T District to the City Commission shall
include specific development standards and may include performance standards. The T Districts and
specific standards for each T District shall be adopted concurrently by the City Commission. Such
specific standards may provide for:
1. Receiving a conditional use permit as provided in Section 23 of this ordinance. (Mandatory)
2. Special setbacks, yards, open spaces, and buffers
3. Fences and walls
4. Lighting
5. Regulations of vehicular ingress and egress
6. Regulation of signs
7. Regulation of time of certain activities
8. Landscaping and maintenance thereof
9. Time schedule of proposed development
10. Regulations of odors, smoke, dust, airborne particles, vibration, glare, heat and noise
11. Such other reasonable conditions to protect surrounding areas and provide for orderly
compatible development
20.5 SPECIFIC STANDARDS
The following are specific standards for Transitional (T) Districts as indicated on the Official
Zoning Map. Numbers listing the specific standard correlate with numbers on the zoning map.
These specific standards do not replace or nullify any standard prescribed within any part of this
ordinance nor do they prohibit other requirements as allowed by Section 20 of this ordinance.
1. This district is located northeast of the Bozeman city limits in an area of mixed uses,
but mostly residential. It is also an area of environmental concern due to a high
water table and the flood plain. Building permits may be issued for single-family
residences on single lots of record without a conditional use permit. Any further
subdivision of any tract of land in this district must comply with the regulations set
forth herein as well as Section 6 of this ordinance and applicable subdivision should
be allowed only when satisfactory information has been supplied indicating there would
be no environmental problems due to the high water table or the flood plain area.
The Flood Hazard District regulations shall apply to those areas indicated in a flood
plain.
2. This district is quite similat'to that of Number 1, and the regulations prescribed shall
be the same as Number 1.
ORDINANCE NO. 935
287
3. This area is planned as a heavy manufacturing area of mostly standard industrial
uses. It is located along North Seventh Avenue north of the city limits and
interstate 90 and is surrounded by an agriculture district. The purpose of reflecting
this as a "transitional zone" is to protect the agriculture area and reduce the visual
effect a manufacturing district can have on other district and major roads.
A. Therefore, it shall be required that all properties within this district
that abut any other district except an M-1 or an M-2 District shall
provide sufficient, landscaping to buffer the proposed use from property
and uses in adjoining districts.
B. Because this district is located near and adjacent to North Seventh Avenue
and the Interstate system, signing of uses within the district can be
distracting to passing motorists as well as the adjacent zoning district.
Therefore, signing within this district shall be appropriate to the use,
attractive to the area, and designed in such a manner so as not to be
distracting to passing motorists or occupants on the adjacent properties
in other zones. This shall be construed with customary interpretation and
specifically construed to mean that no sign shall reflect light directly
to properties of other zones except where there are M,-1 or M-2 zones.
Each sign should be approved through conditional use procedures for each
proposed use and the appropriateness of the sign will be determined at
that time.
C. Where this particular district is outside the city limits of Bozeman and a
central sewage system is not available, great care and caution should be
taken in allowing any use within this district where there is, or can be
expected, a substantial discharge from the use. Therefore, persons
proposing uses within this particular district shall provide information on
expected discharge, method of disposal, effects to surrounding areas, and such
other information that might be needed to determine adverse effects and
protective measures for the use proposed.
4. This particular area is immediately adjacent to Number 3 and is quite similar in
character, therefore, those standards prescribed under Number 3 are applicable to
this district, also.
5. This district is planned within the Bozeman Area Plan as a Neighborhood Business
District. It is located at the corner of Kagy and Willson Avenue. Because this
district is situated in a strictly residential area and on two arterial streets (Kagy
and Willson) , certain precautions will need to be taken to preserve the residential
character of the neighborhood and protect the arterial streets from any detrimental
development.
A. Review all signs as to their appropriateness to the specific business and
effects to the residential area. This shall mean that no sign shall be
approved which flashes in any manner or reflects light directly to
adjacent properties. This shall also mean that each business shall be
limited one facade sign. In addition there may be one directory sign
approved for the district.
B. Height shall not exceed 24 feet.
C. Only one access point shall be permitted off Kagy or South Willson Avenue.
D. The exterior building designs shall blend with the residential character of
the neighborhood.
E. Landscaping shall be provided to buffer the use from adjacent residential
properties.
6. The location of District 6 is near Highway 191, west of the major portion of Bozeman
and adjacent to a Highway Business District. The purpose of this district is to
prot4ct the residential development to the east of this area. Caution should be
taken to provide protection in the form of height restrictions, signing restrictions,
landscaping and exterior construction to lessen any detrimental effect on the single-
family residential development.
7. Area Number 7 is an area in close proximity to the university housing. It is an
area planned for higher density residential development, but is bordered by some
single-family development as well as the Rosary High School. Requirements of this
district should include some type of fencing or landscaping barrier between any
proposed development and the Rosary High School, as well as between the single-family
developments. It should also include landscaping to buffer any apartment-type complex.
Access points to West College and South Nineteenth Streets should be restricted in
numbers to protect these major streets from hazardous traffic. On the fringes of the
district, a height limitation might be considered.
ORDINANCE NO. 935
288
_z/.
14-1
SECTION 21 ED FLOOD HAZARD DISTRICT lopsidedby O d:ian a Not. 91/0
•
21. 1 INTENT �l/J11w1
The flood plains within the Bozeman area are subject to periodic inundation which results in
health, and safety hazards, loss of property, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection relief and possible loss of life. Therefore,
this district is created to minimize these adverse effects of flooding and promote public health
and general welfare as well as to secure public safety. Further, it is intended that these
regulations will serve the areas of flooding as designed in the East Gallatin River and Upper
Tributary Flood Hazard Analyses by the United States Department of Agriculture, Soil Conservation
Service, 1972.
21.2 APPLICATION
The provisions of the Flood Hazard District are designed to:
1. Restrict and prohibit uses which are dangerous to health, safety or property in
times of flooding or practices which cause increased flood heights or velocities. :
2. Require that uses vulnerable to floods be provided with flood protection at the time
of construction.
3. Protect individuals from buying lands for building purposes which are unsuited for
intended purposes because of flood hazards.
4. To be applied as an overlying district to any other districts provided by the terms
of this ordinance. The Flood Hazard District will be indicated on the Official
Zoning Map by some method of shading.
21.3 SPECIFICATION DEFINITIONS
For the purpose of this section, definitions in Section 2 of this ordinance shall apply except for
the following terms:
1. Floodway The channel of a water course and those portions of the adjoining flood
plains which are reasonably required to carry and discharge the regional flood.
2. Regional Flood A flood which is representative of large floods that have occurred in
the Bozeman Area and reasonably characteristic of what can be expected to occur on an
average frequency of 100 years.
21.4 PERMITTED USES
The following uses shall be allowed in the Flood Hazard District provided that the use is not
prohibitive in the underlying district. Said permitted uses shall not require structures other
than portable, fill, or permanent storage of materials or equipment:
1. Agriculture uses.
2. Industrial - commercial uses, such as loading areas, parking areas, emergency landing
strips.
3. Private and public recreational uses, such as golf courses, tennis courts, driving
ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks,
wildlife management and natural areas, game farms, fish hatcheries, shooting preserves,
target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback
riding trails.
4. Forestry, including processing of forestry products with portable equipment.
5. Residential uses, such as lawns, gardens, parking areas and play areas.
21.5 CONDITIONAL USES
In addition to the above permitted uses, the following uses may be allowed after securing a
conditional use permit:
1. Excavation of material from pits or pools, provided that:
a) A buffer strip of undisturbed land of at least 100 feet is left between the edge
of the bankfull channel and the edge of the excavation.
b) The excavation meets all applicable regulations of other local and state agencies.
c) Excavated material is stockpiled above the elevation of the 25-year flood.
d) Stockpiled material is placed so as to offer minimal obstruction to the flow of
flood waters.
2. Railroad, highway, and street stream crossings provided that the crossings are designed
to offer minimal obstruction to flood flows. Further, no individual crossings or
cumulative effect of several crossings shall increase the upstream elevation of the
100=year flood more than 0.5 feet. The Department of Natural Resources and Conservation
may allow higher or lower permitted increases for individual crossings based on the
following criteria:
ORDINANCE NO. 935
289
a) The estimated cumulative effect of other reasonable anticipated floodway
encroachments.
b) The increase in potential flood hazards caused by a higher permitted increase.
3. Limited filling for highway, street, and railroad embankments not associated with stream
crossings provided that:
a) Alternative transportation routes are not available.
b) Such floodway encroachment is located as far from the bankfull-stream channel
as possible.
c) The embankment does not increase the elevation of the 100 year flood by more than
0.5 feet at any location on the floodway.
4. Pipe lines provided that they are buried or designed to withstand a 100-year flood and
provided that they do not obstruct flood waters. Pipelines carrying toxic or flammable
materials across stream channels must be placed inside a second pipe or conduit to
insure no leakage results from possible flood damage.
5. Utility transmission facilities provided that they are designed and placed so as to
minimize the obstruction to flood flows and provided that they are suitably anchored
to prevent collapse during flood flows.
6. Storage of materials and equipment provided that:
a) Such material or equipment is not subject to major damage by flooding and is
properly anchored to prevent flotation or downstream movement.
b) Such material or equipment is readily removable within the limited time available
after flood warning.
7. Domestic water supply wells provided that the well head is located four (4) feet above
the 100-year flood elevation or is otherwise adequately flood proofed. Irrigation
and livestock supply wells need not be elevated or floodproofed, provided that they
are located at least 500 feet from domestic water supply wells.
8. Buried and sealed vaults for sewage disposal in recreational areas, provided that they
are approved by the Department of Health and Environmental Sciences. Soil-absorption,
sewage systems and solid-waste disposal shall be prohibited on the designated floodway.
9. Public or private campgrounds, provided that:
a) Access roads require only limited fill and do not obstruct or divert flood waters.
b) No dwellings or permanent mobile homes are allowed (camp trailers without wheels
or otherwise not quickly moveable will be considered permanent mobile homes) .
10. Structures accessory to the above permitted uses such as barns, sheds, picnic
shelters, toilets, fences, boat docks, marinas, provided that:
a) Structures are not intended for human habitation;
b) Structures will have a low flood-damage potential;
c) Structures will, so far as possible, be located above the elevation of the
25-year frequency flood;
d) Structures will be constructed and placed so as to offer a minimal obstruction
to flood flows;
e) Structures will be firmly anchored to prevent flotation;
f) Service facilities within these structures, such as electrical or heating, will
be located two (2) feet above the 100 year flood elevation or otherwise
adequately floodproofed.
21.6 USES SPECIFICALLY PROHIBITED
The following uses are prohibited from any flood plain. However it is not intended to be an
exclusive list of prohibited uses as all uses not included in the underlying zone are prohibited.
1. Structures for human habitation or assembly including mobile homes, regardless of
whether the wheels have been removed or not.
2. Commercial and industrial buildings.
3. Solid-waste disposal.
4. Fill and blocking of stream channels including overflow channels not normally conveying
water.
5. Storage of flammable, toxic or explosive materials.
ORDINANCE NO. 935
299
SECTION 22 SUPPLEMENTARY REGULATIONS
22. 1 VISIBILITY AT INTERSECTIONS Notwithstanding other provisions of this ordinance in any
residential district, fences, walls, hedges, or other planting may be permitted in any required
yard, provided that nothing shall be erected, placed, planted, or allowed to grow in such a
manner as materially to impede vision between a height of two and a half (2 ) feet and ten (10)
feet above centerline grades of the intersecting streets In the area bounded by street lines of
such corner lots and a line joining points along said street lines 40 feet from property line.
22.2 ACCESSORY BUILDINGS No accessory building shall be erected in any required front yard, and
no separate accessory building shall be erected within ten (10) feet of any principal building.
An accessory building not to exceed one story or fourteen feet in height, including heating and
cooling units, may occupy not more than 25 percent of the area of a required rear yard provided
that any such accessory building wall shall be at least ten (10) feet from the nearest point of
the main building wall excluding eave overhang, eight (8) feet from the side property lines
and ten (10) feet from the rear property line.
22.3 PRINCIPAL STRUCTURES In any district, more than one structure housing a permitted or
permissible principal and customary accessory use may be erected on a single lot or tract of
land provided that yard and other requirements of this ordinance shall be met for each structure
as though it were on an individual lot.
22.4 EXCEPTIONS TO HEIGHT REGULATIONS The height limitation contained in any district
regulations do not apply to spires, belfries, cupolas, chimneys, water tanks, ventilators,
elevator housings, grain elevators, or other agriculture buildings.
22.5 STRUCTURES TO HAVE ACCESS Every building hereafter erected or moved shall be on a lot
adjacent to a public street, or with access to an approved private street (approval granted by
City Commission only) . All structures shall be so located on lots as to provide safe convenient
access for servicing, fire protection, and required off-street parking except under Section 24,
Planned Unit Development, of this ordinance.
22.6 ZERO LOT LINE Where an individual owns two adjoining lots or where the owners of two
adjoining lots make legal written agreement a zero lot line may be used for single-family
dwellings, but only so as to create a zero lot line on one side of any lot.
22.7 FALLOUT SHELTERS Fallout shelters to protect human life during periods of danger may be
constructed in, or under, any required yard except that if constructed in a front yard or side
yard none of it may protrude above the average grade of the lot.
22.8 OUTDOOR LIGHTING Outdoor lighting of trees, bushes, fountains, swimming pools, or
grounds or residences shall not illuminate or be reflected upon any adjacent property.
22.9 OUTSIDE STORAGE, ENCLOSURE REQUIRED All salvage dealers, or other persons accumulating,
depositing, or storing salvage material within the Bozeman area when the accumulating,
depositing, or storing thereof shall be without a building or not within a building, either now
stored, deposited or accumulated or hereafter so deposited, stored, or accumulated, shall fence
surrounding salvage materials with a solid fence at least 5i. feet high, sufficient to enclose
the salvaged materials from public view from outside the enclosure.
22. 10 CORNER LOTS All lots which abut more than one street or avenue shall provide one front
yard in accordance with the district in which it is located. The setback (yard) from the other
streets or avenues shall be equal to the setbacks (yards) previously established from that street
or avenue, but in no case shall the setback (yard) be less than fifteen (15) feet.
Exception: 1. A twenty-five (25) foot setback (yard) shall be provided on all arterials
designated on the City Master Plan.
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 a commercial use is
to be developed or expanded a minimum fifteen (15) foot setback (yard) shall be
required from the streets or avenues on which the residential use fronts.
22. 11 PROTECTION OF STREET RIGHTS-OF-WAY No building permit shall be issued or use proposed in
any street right-of-way or any proposed street right -of-way proposed on the Bozeman Area Master
Plan.
22. 12 FENCES, WALLS, AND HEDGES
1. Except as provided in Section 21. 1 of this ordinance, fences, walls, and hedges
in any district may be located on lot lines provided such fences, walls, and
hedges do not exceed eight (8) feet in height. Fences exceeding eight (8) feet
in height shall be subject to the minimum yard requirements of the district in
which such fences are located. However, no fences, walls, and hedges shall
exceed four (4) feet in any front yard as defined in this ordinance. Fences used
in an agriculture pursuit to retain stock animals shall be excepted.
2. Except for AS Districts and R-S Districts, no barbed wire or other sharp
fencing materials and no electrically charged fence shall be erected or
maintained in any district created by this ordinance. When electrically charged
fences are used in an AS District or 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.
ORDINANCE NO. 935
3. 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.
22. 13 LOTS IN TWO ZONES Where a district boundary line as established in this ordinance
divides a lot which was of single ownership and of record at the time of this ordinance, the
use thereon and the district requirements applying to the least restricted portion of such lot
under this ordinance shall be considered as extending to the entire lot, provided the more
restricted portion of such lot is entirely within twenty (20) feet of the dividing line, the
use so extended shall be deemed to be conforming.
22.4.4 SWIMMING POOLS No public or private swimming pool in any district shall be located in
any required front yard; however, if not more than six feet in height, such use may be located
in any required side or rear yard. In addition, all swimming pools shall be enclosed in an area
with a fence or wall not less than forty-two (42) inches in height and no opening therein, other
than doors or gates, larger than four inches in any direction. A structure of any type may be
used as part of such enclosure. All gates and doors opening through such enclosure shall be
kept equipped with a self-closing and self-latching device for keeping the gate or door securely
closed at all times when not in actual use, except that the door of any dwelling which forms a
part of the enclosure for private residential pools need not be so equipped. The Building
Official may make modifications in individual cases, upon a showing of good cause with respect to
the height, nature or location of the fence, wall, gates, or latches, or the necessity thereof,
provided the protection as sought hereunder is not reduced thereby.
22. 15 LANDSCAPING Not less than 75 percent of all yards and side yards on abutting streets or
avenues shall be landscaped.
22. 16 MULTI-DWELLINGS Each unit in a multi-dwelling shall have a separate entrance from the
ground on which the structure is erected. Any structure of two, three, or four dwelling units
which does not provide this shall be classified as an apartment house.
22. 17 YARD ENCROACHMENTS Every part of a required yard or court shall be open and unobstructed
by any building or structure from its lowest point upward except as follows:
a. Cornices, chimneys, canopies, eaves, balconies or other similar features may
extend into a required yard space not more than three (3) feet.
b. Open, unwalled, uncovered steps and entrance landings may extend into a required
yard space not more than five (5) feet.
22. 18 CURB CUTS Curb cuts for residential uses shall be a maximum of twelve (12) feet throat
width for a single car garage and a maximum of twenty (20) feet throat width for two or more stall
garage. All curb cuts for commercial use shall be in accordance with the Montana Highway
Commission Approach Standards as approved by the Bureau of Public Roads and National Safety
Council Standards, as adopted by the Bozeman City Commission. Indication of curb cut desires
and/or needs shall be submitted to the City Engineer in duplicate on proper curb cut application
forms obtained from that office. The City Engineer shall check each application for full
compliance with city codes and regulations before issuing a permit. Issuance of such permit shall
not relieve the permitee of the responsibility of complying with all codes, regulations and
specifications. Requests for special consideration in excess of or at variance with this sub-
section shall be subject to consideration for approval by the Bozeman City Commission.
22. 19 STOP ORDER Whenever any building work is being done contrary to the provisions of this
ordinance, the Building Official shall order the work stopped by notice in writing served on
any person engaged in doing or causing such work to be done, and any such person shall
forewith stop such work until authorized by the Building Official to proceed with the work.
22.20 PITCHED ROOFS No pitched roof shall be higher from the eaves to the top than forty (40)
feet.
SECTION 23
23. 1 INTENT CONDITIONAL USES
The intent of conditional use permits is to provide for specific uses, other than those specifically
permitted in each district, which may be appropriate in the district under certain safeguards or
conditions. Conditional uses may also be used in transitional districts as specified in Section 20
of this ordinance.
23.2 CONDITIONAL USE REQUIREMENTS
No structure or land may be used for any purpose in any district where such use is not a
permitted use, unless such use is listdd as a conditional use in this section and approval for that
use is obtained through the proper procedure.
Conditional use permits shall be granted only by the City Commission when their findings are that:
1. The use conforms to the objectives of a master plan and the intent of this ordinance, and
2. Such use will not adversely affect nearby properties or their occupants, and
3. Such use meets density, coverage, yard, height, and all other regulations of the district
in which it is to be located, unless otherwise provided for in this ordinance, and
4. Public hearings have been held, after the required legal notices have been given and
the public has been given a chance to be heard upon the matter.
ORDINANCE NO. 935 291
290.01
23.3 CONDITIONAL USE PERMIT PROCEDURE
1. All applications for conditional use permits shall be filed in the City Planning
Office accompanied with a $25 filing fee except for the following:
Planned Unit Development Fees - $2.00 per dwelling unit.
Mobile Home Parks - $25.00 plus $1.00 gier lot.
Travel Trailer Parks - $25.00 plus $1.00 per lot.
2. The City Zoning Commission shall then cause to be made such investigation of facts
bearing on the application as will provide necessary information to assure that the
action on each such application is consistent with the intent and purpose of this
ordinance.
3. A hearing on the application shall then be held before the City Zoning Commission on II
the set time to gather needed facts from all interested parties. The Zoning Commission
may continue such hearing, if need be, to take additional information.
4. The City Zoning Commission shall cause to be sent to the City Commission their
recommendation on application with any aiad all pertinent facts. The applicant will also
be given a copy of the Zoning Commission's recommendation to the City Commission at
least ten (10) days prior to the City Commission hearing.
5. Upon receipt of the Zoning Commission's recommendation, the City Commission shall,
after legal notice of not less than ten (10) days, hold a public hearing on said
application at which the Zoning Commission's recommendation shall be read and additional
testimony may be taken from interested parties. The City Commission shall then either
approve or deny the application. If the application is denied, reasons for denial
should be given.
23.4 CONDITIONAL APPROVAL
The City Commission may make the granting of a conditional use permit subject to reasonable
limitations or conditions as it may deem necessary to enhance the appearance of the property, to
reduce any adverse effects on nearby property or residences, to preserve the character of the
area or to make it more acceptable in other ways.
it , i" 4 wa.A 4,2,
23.5 CONDITIONAL USES w�y y ^l No 43
��i ,� i�;l 1 4; '' .a 1 f r
The following uses may be permitted as conditional uses in the districts as specified.
A-S Agriculture District
Public and private parks and playgrounds, golf courses and country clubs, hunting
and fishing clubs, schools and churches and travel trailer parks.
R-S Residential Suburban
Churches, schools, (non-boarding, nursery, elementary, junior and senior high)
public and private parks and playgrounds, golf courses and country clubs, other
recreational uses, PUD's as provided in Section 24 of this ordinance and travel
trailer parks and veterinary clinics.
R-1 Single Family Residential - Low Density
Churches, schools, libraries, public and private parks and playgrounds, golf courses
and country clubs, PUD's as provided in Section 24 of this ordinance.
R-2 Single Family Residential - Medium Density
Same as R-1 District
R-3 Ra;sidential - Medium Density
Conditional uses provided in the R-1 and R-2 Districts that are not permitted as
uses in the R-3 District, mobile home parks as provided in Section 25 of this
ordinance, PUD's as provided in Section 24 of this ordinance, efficiency units and
medical offices.
R-4 Residential - Medium Density Apartments
Same as R-3 District
R-5 Residential - High Density
Same as R-4 District
R-0 Residential - Office District
Other types of medical facilities or personal services not listed as a permitted use,
motel, gasoline service stations, clubs, bars, taverns, parking lots, public and
private parks and playgrounds, all conditional uses provided in the R-4 District.
B-1 Neighborhood Business District
Retail uses in addition to those permitted uses listed but limited to those serving
the consumer directly and gasoline service stations.
B-2 Community - Highway Business District III
Retail uses in addition to those permitted uses listed, wholesale distributors with
on premise retail outlets provided warehousing is limited to commodities which are
sold on the premises, amusement and recreational activities, travel trailer parks as
provided in Section 26 of this ordinance, PUD's as provided in Section 24 of this
ordinance.
ORDINANCE NO. 935
293
B-3 Central Business District
Amusement and recreation activities , auction rooms, transportation and utility
stations, apartments, drive-in banks and cleaners.
M-1 Commercial - Light Manufacturing
Open storage (if screened) , retail establishments, (in addition to those listed in
Section 16) residence for owner or caretaker, PUD's as provided in Section 24 of this
ordinance.
M-2 Manufacturing and Industrial
Junk or salvage yards (if screened) , residences for owner or caretaker.
TR Technology Research District
Other research establishments not listed as permitted uses, planned research
establishments as provided in Section 24 of this ordinance.
SECTION 24 PLANNED UNIT DEVELOPMENT
24. 1 INTENT
The intent of the Planned Unit Development (PUD) Section is to encourage better land use
development by relaxing the strict mechanical regulations of this ordinance and providing a
method and standards whereby structures and uses can be designed and developed as a unit instead
of the traditional lot-by-lot method; yet carrying out the intended purpose of this ordinance.
24.2 SPECIAL DEFINITIONS
For the purpose of this section, definitions in Section 2 of this ordinance shall apply except
for the following terms:
1. Plan - The provisions for the development of a Planned Unit Development including,
but not limited to, the following;
A. Any proposed land subdivision
B. Proposed location and use of a lot or structure
C. Design of all structures
D. Density of development
E. Development and location of streets and utilities
F. Legal documents pertaining to the development
2. Common Open Space - A parcel or parcels of land, or an area of water, or a combination
of land and water within a planned unit development designated and intended for the
use or enjoyment of residents of the development. Common open spaces may contain
complementary structures and improvements as are necessary and appropriate for the
benefit and enjoyment of occupants of the development.
3. Homes Association - An incorporated, non-profit organization operating under recorded
land agreements through which (a) each lot owner in the planned unit development is
automatically a member and (b) each lot is automatically subject to a charge for a
proportionate share of the expenses for the organization's activities and (c) common
open space and facilities are maintained.
4. Site - The entire area within the perimeter boundary of a proposed planned unit
development.
24.3 PERMITTED USES
1. Uses allowed in the particular district of the proposed development if integrated into
the plan and development.
2. The City Commission may allow commercial and industrial uses in residential PUD's and
residential uses in commercial and industrial PUD's providing:
A. That no more than 10 percent of the gross area of a PUD in a residential
district is to be used as commercial or industrial sites, and
B. That no more than 30 percent of the gross area of a PUD in an industrial or
commercial district is to be used as residential sites, and
C. That the mixing of uses is done in such a manner as to have no detrimental
effect on existing and future uses of the area.
24.4 REQUIRED INFORMATION
A conditional use permit application for a planned unit development shall include a plan of
development with the following information:
1. A sketch of the proposed site showing existing physical features, i.e. , topography,
vegetation, streams, structures, streets, utility lines, etc.
2. General information and plans of utility systems.
3. Legal description and plat of proposed site.
4. Notation of acreage within the proposed site, numbers of lots, typical lot size,
proposed uses of lots, sites for parks and recreation or other public and quasi-public
uses.
ORDINANCE NO. 935
294
5. Existing zoning of the proposed site and surrounding area.
6. Names, location, and tentative finished grades of all proposed streets.
7. Location and design of all proposed structures (should include distances from streets
and property lines and between structures) .
8. Location and number of proposed parking spaces.
9. Copies of all covenants and legal instruments pertaining to operation of the
planned unit development.
24.5 LEGAL REQUIREMENTS
In a planned unit development containing areas or facilities of common or restricted ownership,
the subdivision plat, dedication, covenants, and other recorded legal agreements shall:
1. Legally create automatic membership in a non-profit homes association or similar
instrument.
2. Place title to any common property or facility in the homes association.
3. Appropriately and permanently limit the uses of common property and open space.
4. Give each lot or unit owner the right to use and enjoyment of any common property
or facility.
5. Place responsibility for operation and maintenance of the common property in the homes
association.
6. Place an association charge on each lot or unit in a manner which will:
A. Assume sufficient funds for maintenance and operation, such charge to be
a lien on the property; and
B. Provide adequate safeguards for owners against undesirable high charges.
Where any of the above are not applicable or suitable, the applicant may suggest alternative
solutions.
24.6 STANDARDS OF DEVELOPMENT
All planned unit developments shall meet or exceed the following standards of development :
1. Site - Planned unit development sites shall not be exposed to adverse elements,
i.e. , smoke, dust, noise, etc. , which might create damage to property or bring harm
to occupants.
2. Site Size - Site size for planned unit developments shall be appropriate to the
proposed area and design but shall not be less than the following:
Residential only 5 acres
Commercial 5 acres
Industrial only 10 acres
Mixed uses 50 acres
3. Density - Density for residential planned unit developments shall be as follows:
R-S as specified in each R-S District, R-1 - 3 units per acre, R-2 - 4 units per
acre, R-3 - 15 units per acre, R-4 - 20 units per acre, R-5 - 30 units per acre,
R-0 - 15 units per acre, B-1 - 10 units per acre, B-2 - 15-20 units per acre, B-3 -
20 units per acre, M-1 - 15 units per acre, TR - 10 units per acre
In computing residential density, areas of commercial or industrial activities shall
be subtracted before density is computed.
Where 20 percent of the proposed site is designated as common open space or where a
swimming pool or club house is provided a 10 percent increase in density may be
allowed.
4. Setback - Minimum setback from perimeter boundary of the site shall be 25 feet.
5. Off-Street Parking - Off-street parking shall be provided in convenient locations
and in accordance with Section 27 of this ordinance.
6. Off-Street Loading - Off-street loading shall be provided in accordance with Section 28
of this ordinance.
7. Open Space - Not less than 15 percent of the planned unit development site shall be
designated and maintained as common open space for the use of the occupants of the
development.
8. Utilities - Utilities shall be provided in a manner to meet city specifications.
9. Landscaping - Landscaping may be required to provide a buffer between proposed uses or
between different adjacent district classifications.
10. Structure Design - Structure design should be compatible with surrounding uses and
proposed uses within the planned unit development utilizing harmonious variations in
materials, textures, and colors providing each unit with adequate light, air, and
protection from adverse effects.
ORDINANCE NO. 935
295
24.7 APPROVAL
Approval of a planned unit development shall be obtained through conditional use permit procedures
as specified in Section 23 of this ordinance and by following the adopted subdivision regulations.
When the City Commission gives approval of a planned unit development, permits shall be issued only
in accordance with approved plan and stipulated conditions.
SECTION 25 MOBILE HOME PARKS
25. 1 INTENT
The intent of this section is to provide for mobile home park development at appropriate locations
and to establish standards for development in order to integrate mobile homes into an area without
adversely affecting surrounding properties and to provide safeguards for residents of mobile homes.
25.2 DEFINITIONS
For the purpose of this section, definitions in Section 2 of this ordinance shall apply except for
the following terms:
1. Density - The number of mobile home units per acre.
2. Lot - The total area reserved within a mobile home park for the placement of one
mobile home and the exclusive use of its occupants.
3. Mobile Home Stand - That part of an individual lot which has been reserved for the
placement of a mobile home, appurtenant structures or additions.
4. Recreation Area - An area including open space and playgrounds and buildings and
apparatus designed for recreational activities set aside for the use of the mobile home
park residents.
5. Site - The entire gross area of the mobile home park.
25.3 PERMITTED USES
1. Accessory buildings and uses customarily incidental thereto. No part of any park
shall be used for non-residential purposes, except such uses that are required for
direct servicing and well being of park residents and for management and maintenance
of the park. Nothing in this section shall be deemed as prohibiting the sale of a
mobile home located on a mobile home stand and connected to the pertinent utilities.
2. Mobile homes
3. Signs as follows: a) One entry and one exit sign at each access drive onto public
right-of-way. In no case shall the sign be larger than two (2) square feet in
surface area, nor have any moving parts, b) One identification sign on each major
street frontage, approved in conjunction with the final site plan on the mobile home
park. In no case shall such a sign be larger than forty (40) square feet in surface
area nor have any moving parts or flashing lights nor stand higher than the height
limitation within the district of the proposed location of the mobile home park.
Such sign shall be no closer to public right-of-way line than twenty (20) feet.
25.4 OTHER LAWS
The regulations in this district shall not be interpreted so as to supersede or amend any state
or federal regulations pertaining to mobile home park development. These regulations are
intended to be supplemental to other established mobile home park regulations and their amendments.
When the standards and regulations in this district are more restrictive than other established
standards and regulations, the more restrictive shall be used.
25.5 PERMITS
It shall be unlawful for any person to construct, alter, or extend any mobile home park unless he
holds necessary valid permits issued by the Division of Environmental Sanitation, State Department
of Health and the City Building Official.
25.6 LICENSES
It shall be unlawful for any person to operate any mobile home park unless he holds a valid
license issued by the City Director of Finance.
25.7 DESIGN STANDARDS
Any person desiring to enlarge or establish a mobile home park shall meet or exceed the following
design standards:
1. Site - The mobile home park site shall not be exposed to smoke, dust, noise, odors, or
other adverse influences which might create damage to property or bring harm to
occupants of the park.
2. Site Size - Minimum size for a mobile home park shall be ten (10) acres with a minimum
of 50 lots.
ORDINANCE NO. 935
29(5
3. Density - The maximum density of mobile home parks shall be regulated by separation
requirements, lot area requirements, and recreation area requirements as set forth in
this ordinance. In no case shall the density of a mobile home park exceed the density
of the district in which it is located.
4. Site Coverage - Maximum mobile home lot coverage shall not exceed 50 percent. Coverage
shall mean any man-made apparatus.
5. Access - All mobile home parks shall have access to a collector street.
6. Lot Size - Minimum lot area shall be 5000 square feet with no less than 50 feet of lot
width where both municipal or community water and sanitary sewer systems are available.
Where community systems are not available, lot size will be determined by soil=and
water conditions and approved by the State Board of Health.
7. Mobile Home Stand - Each mobile home lot shall be provided with a well drained stand
with a firm base, approved by the City Engineer, for the placement of the mobile home.
Each stand must be at least 12 X 50 feet for single-wide units and 24 X 50 feet for
double-wide units.
8. Setback - All mobile homes and accessory buildings shall be set back not less than 20
feet from all property lines except front property lines and street property lines.
Front and street setbacks shall be the same as the front yard requirements of the
district in which the mobile home park is to be located.
Within the mobile home park, mobile homes shall be located a minimum of 25 feet apart
side to side, a minimum of 15 feet apart rear to rear or end to end or side to rear,
a minimum of 15 feet from any interior roadway and 25 feet from any public roadway.
Any accessory structure such as attached awnings, carports, etc. , shall, for the
purpose of this section, be considered a part of the mobile home.
9. Height - Maximum height for any structures within a mobile home park shall be that of
the district in which the park is to be located.
10. Streets - All mobile home parks shall be provided with safe and convenient vehicular
access from abutting public streets and throughout the mobile home park.
Street widths should be of adequate widths to accommodate any contemplated parking and
expected traffic load, but, in all cases, shall meet the following minimum requirements:
A. Collector streets with guest parking 36 feet wide face of curb to face of curb.
B. Collector streets with no parking 22 feet wide face of curb to face of curb.
C. Minor streets with no parking 20 feet wide face of curb to face of curb.
D. All dead end streets shall be limited to a maximum length of 500 feet and
shall be provided with a cul-de-sac of at least 100 feet in diameter.
E. Minimum access width to each mobile home stand shall be 12 feet.
11. Parking - Off-street parking spaces shall be provided in convenient locations and in
sufficient numbers to meet the needs of the occupants of the mobile home park and
their guests but in no case shall the number of spaces be less than two (2) spaces per
lot plus an additional space for each four lots.
Minimum size of each parking space shall be nine (9) feet in width by twenty (20) feet
in length.
12. Walks - Safe, convenient, all season walks, minimum width of five (5) feet shall
be provided in locations where pedestrian traffic is concentrated.
13. Recreation Area - A minimum of 10 percent of the gross site area shall be reserved for
park and recreation development. Such areas shall be cumulated into central locations
and shall be designed with trees, grass, benches, recreational equipment, etc. , in
relation to park residents.
14. Landscaping - Landscaping may be required to provide a buffer between mobile home parks
and adjacent properties in other district classifications.
Examples of what may be required are:
A. A greenbelt planting strip of not less than twenty (20) feet in width along
the perimeter of the mobile home park where it abuts public right-of-way or
an area zoned in any other district classification. The g'eenbelt shall be
developed with a mixture of hardy deciduous and coniferous plant material,
grass or ground cover and maintained thereafter in a neat and orderly manner.
B. A continual ornamental wall six (6) feet in height above grade, erected one
foot off property line abutting property of another district classification
and six (6) feet from public rights-of-way. Such wall shall be landscaped
with suitable plant materials along both sides of the wall except where
prohibited by Section 22. 1.
15. Utilities - Utilities shall be provided in the following manner or by an alternative
manner approved by the City Commission:
A. All sanitary sewage utilities and water facilities, including connections
provided to individual lots, shall meet the requirements of the City of Bozeman.
ORDINANCE NO. 935
297
B. The plumbing connections to each mobile home lot shall be constructed so that
all lines are protected from freezing, from accidental bumping or from
creating any type of nuisance or health hazard.
C. An adequate amount of running water shall be piped to each mobile home.
D. Storm drainage facilities, where necessary, shall be so constructed as to
protect those that will reside in the mobile home park as well as the property
owners adjacent to the park. Such park facilities shall be of such capacity
to insure rapid drainage and prevent the accumulation of water in, or adjacent
to, the park.
E. All electric, telephone and other lines from supply poles to each mobile home
lot shall be underground. When meters are installed they shall be uniformly
located.
F. All fuel lines leading to mobile home lots shall be underground and so
designed as to conform with the Bozeman Plumbing Code and any state code that
is found to be applicable. When separate meters are installed, each shall
be located in a uniform manner.
G. Facilities for the storage and disposal of trash and garbage in a sanitary
and lawful manner shall be provided in each mobile home park.
H. When exterior television antenna installation is necessary, a master antenna
shall be installed and extended to individual stands by underground lines.
Such master antenna shall be so placed as not to be a nuisance to park
residents or surrounding areas. Cable TV, when used, shall have the cable
located underground.
T. Street and yard lights, attached to standards approved by the City shall be
provided in sufficient number and intensity to permit the safe movement of
vehicles and pedestrians at night, and shall be effectively related to
buildings, trees, walks, steps, and ramps.
3. The erection, construction, reconstruction, repair, relocation and/or alter-
ation of all permanent buildings and structures located within a mobile home
park shall conform to the requirements of the Uniform Building Code adopted
by the City of Bozeman and any regulations within Regulation No. 53-43-8,
Montana State Department of Health.
K. All mobile home parks developed under this ordinance shall comply with
Montana State Department of Health's Regulation No. 53-43-8 or any amendment
thereto concerning plumbing and electrical requirements.
16. Fire Protection - The water supply system serving the mobile home park shall be subject
to the rules and regulations of the local fire prevention authority or the system shall
meet the standards for adequate fire protection established by the National Fire
Protection Association Standard NFPA No. 501A, whichever is more stringent. Nonetheless,
fire protection systems must be approved by the City Fire Chief.
25.8 APPROVAL
Approval of a mobile home park shall be obtained through conditional use permit procedure as
specified in Section 23 of this Ordinance. The City Commission may require other standards and
safeguards as specific locations and circumstances dictate and as provided under Section 23 of
this ordinance.
SECTION 26 TRAVEL TRAILER PARKS
26. 1 INTENT
The intent of this section is to provide for travel trailer park development at appropriate
locations and to establish standards for development in order to integrate travel trailer parks
into certain areas of the community without adversely affecting surrounding properties.
26.2 DEFINITIONS
For the purpose of this section, definitions in Section 2 of this ordinance shall apply except
for the following terms:
1. Site - The entire gross area of the travel trailer park.
26.3 PERMITTED USES
1. Accessory uses related to park management and occupant need and enjoyment and according
to the following schedule: management headquarters, recreational facilities, toilets,
showers, coin-operated laundry facilities, gift and souvenir shops and other uses and
structures customarily incidental to operation of travel trailer parks.
2. Other uses may be allowed when approved by the City Commission and in conformity to the
following limitations:
A. That such uses including parking areas occupy not more than 10 percent of
the total park area.
B. That such use shall be restricted in use to occupants of the park or so
located that the use will not interfere with the park use.
C. That the use is a permitted use of the district in which the park is to be
located.
3. Signs in accordance with the Sign Code of the City of Bozeman.
ORDINANCE NO. 935
298
4. Travel trailer parks may be used for: travel trailers, equivalent facilities in or
on automotive vehicles, tents, or other short term recreational shelter arrangements
on a temporary basis only.
26.4 CONFLICT WITH OTHER LAWS
If there appears to be a conflict between the regulations and standards in this section with any
other local, state, or federal regulation for travel trailer parks, the more restrictive regulation
shall be followed.
26.5 PERMITS
It shall be unlawful for any person to construct, alter, or extend any travel trailer park unless
he holds necessary valid permits issued by the Division of Environmental Sanitation, State
Department of Health and the City Building Official.
26.6 LICENSES
It shall be unlawful for any person to operate any travel trailer park unless he holds a valid
license issued by the City Director of Finance.
26.7 DESIGN STANDARDS
Any person desiring to enlarge or establish a travel trailer park shall meet or exceed the
following design standards:
1. Size - Minimum site size for travel trailer parks shall be two (2) acres.
2. Access - All travel trailer parks shall have access to an arterial or collector
street with a right-of-way width of 80 feet or more which is a through route for
tourist traffic. Entrances and exits shall be designed for safe and convenient move-
ment of traffic into and out of the park, and to minimize congestion of free moving
traffic on adjacent streets.
3. Setback - All lots for travel trailer or other temporary shelter apparatus and all
accessory buildings shall be set back at least twenty-five (25) feet from all
property lines. The area created by the setback shall be used for landscaping to
screen travel trailer parks from adjoining properties as directed by the City Commission.
4. Height - Maximum height for any structure within a travel trailer park shall be that
of the district in which the park is to be located.
5. Streets - Interior streets within the park shall provide for safe convenient
circulation without interference or hazard to general park activities.
6. Service Areas - Service areas shall be provided in the following manner:
A. At least one service building containing necessary toilet and other plumbing
fixtures specified shall be provided in the park. Service buildings shall
be conveniently located with a radius of approximately 300 feet to all
spaces to be served. Laundry facilities shall be required in addition to
the following. If commercial laundry facilities are conveniently located to
the trailer park, the laundry facility requirement may be considered for
waiver by the City Commission.
No. of
Dependent
Parking Toilets Urinals Lavatories Showers Other
Spaces Men Women Men Men Women Men Women Fixtures
1 - 15 1 1 1 1 1 1 1
16 - 30 1 2 1 2 2 1 1 At least
31 - 45 2 2 1 3 3 1 1 one janitor
46 - 60 2 3 2 3 3 2 2 sink per
61 - 80 3 4 2 4 4 2 2 service
81 -100 3 4 2 4 4 3 3 building
B. Facilities for storage and disposal of trash and garbage in a sanitary
manner shall be provided in each park.
C. Street and yard lights, attached to standards approved by the City, shall
be provided in sufficient number and intensity to permit safe movement of
vehicles and pedestrians at night, and shall be effectively related to
buildings, trees, walks, steps, and ramps.
7. Parking- Parking for all uses within the travel trailer park shall be provided in
accordance with Section 27 of this ordinance.
26.8 APPROVAL
Approval of a travel trailer park shall be obtained through conditional use permit procedure as
specified in Section 23 of this ordinance. The City Commission may require other standards and
safeguards as specific locations and circumstances dictate and as provided in Section 23 of this
ordinance.
ORDINANCE NO. 935
299
SECTION 27 OFF-STREET PARKING
27. 1 INTENT
The intent of this section is to reduce traffic congestion and the need for parking on public
streets and hazards caused thereby, and to provide off-street parking adequate for each type of
development in terms of both quantity and location.
27.2 DESIGN
Off-street parking required for uses herein specified shall be for use only by vehicles of
employees, customers, and residents of the activity served.
1. Location - Off-street parking as required by this ordinance shall be located as
specified herein.
A. Single-family dwellings: On the same lot with the dwelling they are required
to serve.
B. Multi-family dwellings: On the same lot with the dwellings they are required
to serve.
C. Hospitals, sanitariums, apartments, rooming and boarding houses, fraternity
and sorority houses: Within 100 feet of the use to be served.
D. Commercial and industrial zones: Within 300 feet of the use they are
required to serve.
Where a distance is specified, such distance shall be measured by a straight line from
the nearest point of the building such parking area is required to serve.
Such off-site parking areas must be accessible by a public street or alley and shall
be owned or leased by the owner or leasee of the building being served by such parking
and such parking lot shall have a recorded land covenant requiring such land be
maintained as a parking lot so long as the building and/or use served is in operation
or another suitable parking area is established to the satisfaction of the building
official.
Required parking spaces shall not be located in any required front or side yard.
2. Size - An off-street parking space shall be at least ten (10) feet in width and
twenty (20) feet in length (except 30-degree angle parking may be nine (9) feet in
width) , exclusive of access drives, yards, or ramps. Such spaces shall have a
vertical clearance of at least seven (7) feet.
Where more than three off-street parking spaces are required, the parking area shall
be arranged according to one of the four designs outlined in Figure 1,
3. Plans - A plan of the proposed off-street parking facility shall be submitted along
with the application for a building permit for the building the off-street parking is
required to serve. Said plan shall clearly indicate curb cuts, lighting, landscaping,
construction details, fencing and other features which may be required by the
Building Official and/or the City Engineer.
4. Construction - All permanent off-street parking spaces and access areas thereto shall
be paved, except parking areas for single-family dwellings which may be surfaced with
coarse gravel (3/4" - 1 1/2") . All off-street parking areas shall be designed and
constructed to allow proper drainage.
5. Screening - Any parking area built to serve any commercial or industrial use with ten
or more parking spaces shall be effectively screened by a decorative wall or landscaping
from adjacent property zoned residential.
Any use having more than 3500 square feet of required permanent parking shall have
two percent of the gross parking area landscaped with suitable trees and/or shrubs
having a low profile. Such landscaping shall be in place before occupancy of the
building or use being served.
If, due to climatic conditions, the parking area cannot be improved as prescribed, a
written request for an extension of time shall be submitted to the building official.
Said extension may then be granted for a time period not to exceed nine months.
6. Lighting - Lighting used to illuminate a parking area shall be arranged in such a
manner that it will not be a hazard to passing motorists or constitute a nuisance of
any kind. Where said parking area is within 150 feet of any property classified as
residential by this ordinance and where the parking area is directly visible by the
residents within 150 feet illuminating devices shall be shaded in a manner that would
direct the light away from the residential property.
27.3 COMBINED OCCUPANCIES
Where two or more uses are combined in one development, the total parking spaces shall be the sum
total of the spaces required for each individual use. Off-street parking for one use shall not
be considered for joint use as hereinafter specified.
ORDINANCE NO.935
300
27.4 JOINT USE
The Zoning Commission may authorize the joint use of off-street parking facilities for the
following uses or activities under the conditions specified.
1. Up to 50 percent of the required off-street parking for primarily "nighttime" uses
such as theaters, bowling alleys, bars, supper clubs may be supplied by the parking
requirement for primarily "daytime" uses such as banks, offices, retail and personal
service establishments.
2. Number 1 above may be reversed so that parking for "daytime" uses may be used for
"nighttime" activities.
3. Up to 50 percent of the parking facilities required by this section for churches or
auditoriums may be supplied by the parking facilities provided for uses primarily of
a daytime nature.
Where joint use is desired, an application shall be made to the Zoning Commission. Said
application shall contain proof that there will be no substantial conflict in the principal
operating hours of the two buildings or uses for which the joint use is proposed; that all other
conditions within this section are met; and legal documents executed by the parties involved in
the joint use guarantying use by both parties. Said legal document shall be approved by the City
Attorney and recorded with the County Clerk and Recorder.
27.5 SPACES REQUIRED
The following number of off-street parking spaces per use are required in all districts:
1. Single- and multi-family - two spaces per unit.*
2. Apartments - one and a half spaces per unit.
3. Rooming and boarding houses - two per dwelling unit plus one per rooming unit.
4. Fraternity and sorority houses - three per each five residents or one per each 200
square feet of gross floor area whichever is greater.
5. Hotels and motels - one space per each room for rent.
6. All commercial uses - the number derived by multiplying the factor in the following
Parking Factor Table by the total square footage in thousands in the building and
shall be figured to the nearest single place decimal:
* One space as required may be within the driveway area.
EXAMPLE:
#1 Bank building - 2250 square feet
(Table Factor is 4.5)
2.2 (square feet in thousands) times 4.5 (table factor) =
9.9 or 10 parking spaces.
#2 Medical office building - 3125 square feet
(Table Factor is 3.8)
3. 1 (square feet in thousands) times 3.8 (table factor) =
11.78 or 12 parking spaces.
7. All industrial uses - one space per each two employees or combined employment of the
largest successive shift or a factor of 1.4 times the square footage of the building
in thousands (figured as shown above) whichever is greater.
PARKING FACTOR TABLE
USE FACTOR
Auto and equipment sales 1.0
Auto service, tire service, body shops and plumbing - heating and
electrical shops 4.0
Bowling alley and similar entertainment enterprises 6.5
Churches 50.0
Department and clothing stores 2.5
Drive-ins 20.0
Furniture stores 1.0
General business - #1 - grocery & drug stores, sporting goods, hardware
& variety stores 3.6
General business - #2 - motor supply, paint stores, bakeries, upholstery
and mail order houses 1.5
Medical offices, clinics and hospitals 3.8
Offices, banks, utility companies, barber and beauty shops 4.5
Public eating and/or drinking establishments 8.0
Theaters (excluding outdoor) 35.0
ORDINANCE NO. 935
301
SECTION 28
28.1 INTENT OFF-STREET LOADING
The intent of this section is to reduce traffic hazards and congestion by providing off-street
loading berths on the same lot as the building to be served by deliveries of goods without adverse
effects on adjacent properties.
28.2 STANDARDS
1. Off-street loading berths shall be provided on the same lot as the use it serves and
shall not occupy the front yard.
2. No loading berth shall be located closer to a residential zoned lot than 50 feet unless
enclosed by a wall or solid fence, not less than six feet in height.
3. Each loading berth shall be designed with access to a public street or alley and so
designed as not to interfere with normal traffic movement.
4. Each berth shall be at least 12 feet by 35 feet in size with a height clearance of 18
feet.
5. Loading berths shall not be considered as off-street parking spaces.
6. All or part of the required loading berths may be within buildings.
28.3 BERTHS REQUIRED
Off-street loading berths shall be provided in accordance with the following schedule. If more
than one use is combined in one building, the number of berths can be reduced as determined by
the Building Official. Where uses are not specifically mentioned, the number of berths shall be
determined by the Building Official using as a guide the most similar use listed below.
NUMBER OF
USE SQUARE FEET BERTHS REQUIRED
Multiple dwellings with over 16 units 1
Schools, auditoriums, over 20,000 1
meeting halls 50,000 - 150,000 1
150,000 - 300,000 2
Each additional 300,000 1
Department store 7,000 - 14,000 1
and other retail shops, 14,000 - 40,000 2
restaurants, funeral homes 40,000 - 80,000 3
Each additional 50,000 1
Hospitals, clinic, jail 10,000 - 100,000 1
Each additional 250,000 1
Hotel or office 25,000 - 40,000 1
building 40,000 - 100,000 2
Each additional 100,000 1
Industrial plant, 10,000 - 40,000 1
manufacturing or 40,000 - 65,000 2
wholesale establishment 65,000 - 100,000 3
Each additional 50,000 1
ORDINANCE NO. 935 GROSS FLOOR AREA
302
PARKING DIAGRAM FIGURE 1
13,5'
7.-....'/
/ r '4*
/—X/K
7.1'.
''' ,N/y
\)\\:\'' I',he
..."^............ (:)....\ '*--.1
\ / . /
450 60°
i
5'
ii I..----\\ rNN,
E i
r
r
i 1
4
il
!I r� I r !> 0
i \\„--1 ---.....,
1
1
SECTION 29 NON-CONFORMING LOTS, USES AND STRUCTURES
29. 1 INTENT
Within the districts established by this ordinance or amendments thereto there exist lots,
structures, uses of land and structures, and characteristics of use which were lawful before this
ordinance was adopted or amended, but which would be prohibited, regulated, or restricted under
terms of this ordinance or future amendment. It is the intent of this ordinance to permit these
non-conformities to continue until they are removed, but not to encourage their survival. It is
further the intent of this ordinance that non-conformities shall not be enlarged upon, expanded or
extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the
same district.
Non-conforming uses are declared by this ordinance to be incompatible with permitted uses in the
district involved. However, to avoid undue hardship, nothing in this ordinance shall be deemed to
require a change in the plans, construction or designated use of any building on which actual
construction was lawfully begun prior to the effective date of adoption or amendment to this
ordinance and which actual building construction has been carried on diligently. Actual construction
is hereby defined to include the placing of construction materials in permanent position and fastened
ORDINANCE NO. 935
303
in a permanent manner. Where excavation or demolition or removal of an existing building has been
substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be
deemed to be actual construction, provided that work shall be carried on diligently.
29.2 NON-CONFORMING LOTS OF RECORD
In any district, notwithstanding other limitations imposed by this ordinance, structures
permitted in said district may be erected on any single lot of record on the effective date of this
ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots
of the same ownership. A lot of record that does not meet lot area or lot width requirements
must still meet other requirements of the district.
If two or more lots or combinations of lots and portions of lots with continuous frontage in single
ownership are of record at the time of adoption or amendment of this ordinance, and if all or
part of the lots do not meet the requirements established for lot width and area, the lands involved
shall be considered to be an undivided parcel for the purposes of this ordinance. Where lots
are larger than required by this ordinance, said lots may be subdivided into smaller lots except
no parcel may be divided so as to create a lot smaller in lot width or lot area than required by
this ordinance.
29.3 NON-CONFORMING USES OF LAND
Where at the time of passage of this ordinance lawful use of land exists which would not be
permitted by the regulations imposed by this ordinance the use may be continued so long as it
remains otherwise lawful, provided:
1. No such non-conforming use shall be enlarged or increased, nor extended to occupy
a greater area of land than was occupied at the effective date of adoption or
amendment of this ordinance.
2. No such non-conforming use shall be moved in whole or in part to any portion of
the lot or parcel other than that occupied by such use at the effective date of
adoption or amendment of this ordinance.
3. If any such non-conforming use of land ceases for any reason for a period of more
than ninety (90) days, any subsequent use of such land shall conform to the
regulations specified by this ordinance for the district in which such land is
located.
4. No additional non-conforming structure in connection with the requirements of this
ordinance shall be erected in connection with such non-conforming uses of land.
29.4 NON-CONFORMING STRUCTURES
Where a lawful structure exists at the effective date of adoption or amendment of this ordinance
that could not be built under the terms of this ordinance by reason of restriction on lot area,
lot coverage, height, yards, its location on the lot, or other requirements concerning the
structure, such structure may be continued so long as it remains otherwise lawful, subject to the
following provisions:
1. No such non-conforming structure may be altered or enlarged in any way which
increases its non-conformity, but any structure or portion thereof may be altered
to decrease its non-conformity.
2. Should such non-conforming structure or non-conforming portion of a structure be
destroyed by any means to the extent of more than 50 percent of its replacement cost
at the time of destruction, it shall not be reconstructed except in conformity with
the provisions of this ordinance.
3. Should such structure be moved for any reason for any distance whatever, it shall
thereafter conform to the regulations for the district in which it is located after
it is moved.
29.5 NON-CONFORMING USES OF STRUCTURES
If lawful use of a structure, or of structures and premises exist at the effective date of
adoption or amendment of this ordinance that would not be allowed in the district under the
terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful
providing that:
1. No existing structure devoted to a non-conforming use shall be enlarged, extended,
constructed, or structurally altered, unless the use is changed to a permitted use.
2. Any non-conforming use may be extended to any other part of a building designed for
such use, but no such use may be extended in any way to occupy land outside the
building.
3. Non-conforming use of buildings, structures, or premises may be changed to another
non-conforming use, provided that a conditional use permit is obtained from the City
Commission. In determining whether or not to grant the conditional use permit the
City Commission after recommendation from the City Zoning Commission shall determine
that the proposed use is equally appropriate or more appropriate to the district than
the existing non-conforming use.
In permitting such use, the City Commission may require appropriate conditions or
safeguards.
4. Any structure, or structure and land, in or on which a non-conforming use is superseded
by a permitted use shall thereafter conform to the regulations of the district in
which it is located and the non-conforming use may not thereafter be resumed.
ORDINANCE NO. 935
304
5. Whenever a non-conforming use of a structure or a premises ceases for ninety (90)
days, the structure or premises shall not thereafter be used except in conformance
with the regulations of the district in which it is located. The term "ceases" as
used in this subsection shall mean that the activity in question has not been in
operation for a period of ninety (90) days.
6. Where non-conforming use status applies to both structure and land, the removal or
destruction of the structure shall eliminate the non-conforming status of the land.
29.6 REPAIRS AND MAINTENANCE
On any non-conforming structure or portion of the structure containing a non-conforming use,
work may be done on ordinary repairs and fixtures, wiring, plumbing, or repair or replacement
of non-bearing walls, to an extent not exceeding 10 percent of the replacement value of the
building in any one year, provided that such work does not increase the cubic content of the
building. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring
to a safe condition of any building or part thereof declared to be unsafe by any official
charged with protecting the public safety, upon order of such official.
29.7 CONDITIONAL USES
Conditional uses provided for under Section 23 of this ordinance shall not be deemed a non-
conforming use in the district in which it is permitted.
SECTION 30 ADMINISTRATION AND ENFORCEMENT - PERMITS
30. 1 ADMINISTRATION AND ENFORCEMENT
The building official as designated by the City Manager shall administer and enforce this
ordinance. He may be provided with the assistance of such other persons as the City Manager
may direct and those assistants shall have essentially the same responsibilities as directed
by the building official.
If the building official shall find that any of the provisions of this ordinance are being
violated, he shall notify in writing the person responsible for such violations, indicating
the nature of the violation and ordering the action necessary to correct it. He shall order
discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings
or structures or of illegal additions, alterations, or structural changes; discontinuance of
any illegal work being done; or shall take any other action authorized by this ordinance to
insure compliance with or prevent violation of its provisions.
30.2 PERMITS
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 herein.
1. BUILDING PERMIT - Within the limits of the City of Bozeman, building permits shall
be obtained by following the Uniform Building Code (International Conference of
Building Officials, 5360 South Workman Mill Road, Whittier, California) most recent
edition, Chapter 3.
2. LAND USE PERMIT - Outside the Corporate limits of the City of Bozeman but within the
extraterritorial limits of this ordinance only a land use permit shall be required.
Said land use permit shall be obtained by application to the City Building Official.
Applications shall be accompanied by plans in duplicate, drawn to scale showing the
actual dimensions and shape of the lot to be built upon, the legal description of
the parcel; the exact sizes and location on the lot (s) of buildings already existing,
if any; and the location and dimensions of the proposed buildings or alterations.
The application shall include such other information as Lawfully may be required by
the Building Official, including existing or proposed building and land; the number of
families, housing units, or rental units the building is designed to accommodate;
conditions existing on the lot; and such other matters as may be necessary to determine
conformance with, and provide for the enforcement of this ordinance.
One copy of the plans shall be returned to the applicant by the Building Official, after
he shall have marked such copy either as approved or disapproved and attested to same
by his signature. The second copy similarly marked shall be retained by the Building
Official.
30.3 CONFORMANCE
No permit of any type shall be issued unless in conformance with the regulations contained
within this ordinance. Permits issued on the basis of plans and applications approved by the
Building Official 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 ordinance
punishable as provided in Section 34 of this ordinance.
Conditional use permits approved by the City Commission and variances granted by the Board of
Adjustment shall be deemed in conformance with the terms of this ordinance. However, building
permits or land use permits shall be issued only in accordance with the terms set forth in the
conditional use permit and variance sections of this ordinance.
ORDINANCE NO. 935
30.4 EXPIRATION OF PERMITS
Every permit issued by the Building Official under the privisdons of this ordinance shall expire
by limitation and become null and void, if the building or work authorized by such permit has not
commenced within 60 days from the date of such permit, 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 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 (1/2) 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.
30.5 PERMITS ISSUED CONTRARY TO THIS ORDINANCE
Any building permit, or any authorization issued, granted, or approved in violation of the
provisions of this ordinance, shall be null and void and of no effect without the necessity of
any proceedings or a revocation or nullification thereof, and any work undertaken or use
established pursuant to any such building permit or other authorization shall be unlawful.
30.6 DUTIES OF THE BUILDING OFFICIAL
It is the intent of this ordinance that the Building Official shall check all plans and
applications for permits for compliance with this ordinance both before and during construction.
If during this procedure the Building Official deems that the proposed plan or construction does
not comply with this ordinance, he shall inform the applicant of the infraction and shall stop
all construction on the project until such time as the applicant, building, or principal revises
his plan to conform to the ordinance or obtains a variance, conditional use permit, or zone
change as set forth herein.
30.7 SCHEDULE OF FEES, CHARGES AND EXPENSES
The City Commission shall establish a schedule of fees, charges, and expenses and a collection
procedure for building permits, land use permits, appeals, and other matters pertaining to this
ordinance. The schedule of fees listed below shall be posted in the office of the Building
Official and may be altered or amended only by the City Commission.
No permit, zone change, conditional use, or variance shall be issued unless or until such costs,
charges, fees, or expenses listed below have been paid in full, nor shall any action be taken on
proceedings before the Zoning Commission, City Commission, or the Board of Adjustment, unless, or
until, preliminary charges and fees have been paid in full.
Zoning Changes $50.00
Variance 20.00
ConditionalT Uses 25.00
Except:
Planned Unit Development - $25.00 or $2.00 per unit,
Mobile Home Parks whichever is greater
- $25.00 plus $1.00 per lot
Travel Trailer Parks - $25.00 plus $1.00 per lot
Building Permits - As per building code adopted by the City
Land Use Permits - $10.00
SECTION 31 BOARD OF ADJUST"
31. 1 CREATION
The Board of Adjustment is hereby established to act on variance applications as herein detailed.
Said Board shall consist of five members appointed by the Mayor for three-year terms (with
staggering terms) , and subject to confirmation by the City Commission.
31.2 OFFICERS
At the first meeting each year, the Board shall appoint one of its members to serve as chairman
and one member to serve as vice-chairman.
The staff of the City Building Official shall be at the disposal of the Board to receive and
process applications of appeal and to give advice to said Board.
The Board's office shall be that of the City Building Official and all files of said Board shall
be held therein.
31.3 POWERS AND DUTIES
The Board shall set its operating rules in accordance with Section 11-2707 , R. C.M. , 1947 and
shall have the following powers:
1. To hear and decide appeals where it is alleged there is error in any order, requirement,
decision, or determination made by an administrative official in the enforcement of
this act or of any ordinance adopted pursuant thereto.
ORDINANCE NO. 935 305
306
2. To authorize upon appeal in specific cases such variance from the terms of the
ordinance as will not be contrary to the public interest, where owing to special
conditions, a literal enforcement of the provisions of the ordinance will result in
unnecessary hardship, and so that the spirit of the ordinance shall be observed and
substantial justice done.
More specifically, the Board may, after public notice and hearing, conditionally
approve, deny, or approve any request to modify the following requirements of this
ordinance:
A. Setback requirements
B. Yard requirements
C. Area requirements
D. Height requirements
E. Parking requirements
F. Loading requirements
3. The concurring vote of four members of the Board shall be necessary to reverse any
order, requirements, decisions, or determination of any administrative official, or
to decide in favor of the applicant on any matter upon which it is required to pass
under this ordinance, or to effect any variation of this ordinance.
31.4 PROCEDURE
•
Written applications for appeals or modification (variance) shall be filed in the office of the
Building Official. Notwithstanding any other provisions of this ordinance, the uniform fee of
$20.00 shall be paid to the city upon filing of each application for the purpose of defraying
expenses incidental to proceedings. No application will be regarded as having been filed until
such fee has been paid.
The Board shall cause to be made such investigation of facts bearing on the application as will
provide necessary information to assure that the action on each such application is consistent
with the intent and purpose of this ordinance. During time of appeal all construction shall
cease and shall not commence until approved by the Board of Adjustment.
31.5 HEARING AND NOTICE
There shall be a hearing for each application of appeal or modification. Said hearing shall be
held at an appointed time and place. Testimony shall be taken by the Board from persons
interested in said application, and from the City-County Planning Staff.
Notice of hearing shall be published once in a newspaper of general circulation within the city
at least ten (10) days prior to the hearing date.
31.6 APPROVAL 11/
In approving applications of appeal or modifications, the Board shall designate such lawful
conditions as will secure substantial protection for the public health, safety, and general
welfare, and shall find as follows:
1. Such modifications will not be inconsistent with the intent and purpose of this
ordinance and/or any adopted master plan.
2. That strict compliance with the provisions of this ordinance would create unnecessary
hardship or unreasonable situation on a particular property due to unusual or
extreme topography, unusual shape of the property, or the prevalence of similar
conditions in the immediate vicinity of the property.
3. That such modifications will have minimal adverse effect on abutting properties or
the permitted uses thereof.
4. That the lawful conditions stated in the approval are deemed necessary to protect the
public health, safety, and general welfare, which provisions may include:
A. A time period within which the proposed structures shall be erected.
B. Requiring landscaping and maintenance thereof.
C. Requiring the surfacing and marking of off-street parking and loading areas.
D. Any other conditions as will make possible the development of the city in
an orderly and efficient manner and in conformity with the intent and
purpose set forth in this section.
31.7 CONDITIONS OF APPROVAL
Any approval under this section shall be subject to the terms of the conditions designated in
connection therein.
31.8 APPEALS FROM THE BOARD OF ADJUSTMENT
Any persons or person, jointly or severally aggrieved by any decision of the Board of Adjustment,
or any taxpayer, or any officer, department, board or bureau of the municipality, may present to
a court of record a petition, duly verified, setting forth that such decision is illegal, in
whole or in part specifying the grounds of the illegality. Such petition shall be presented to
the court within 30 days after the filing of the decision in the office of the Board.
ORDINANCE NO. 935
307
31.9 TIME DECISION EFFECTIVE
The decision of the Board of Adjustment shall be final except as provided in sub-section 31.8
and if a building permit or land use permit is not obtained for the subject property within
six (6) months from the date of the Board's decision, the variance shall be automatically cancelled
and become null and void.
SECTION 32 MINIMUM REQUIREMENTS
In their interpretation and application the provisions of this ordinance shall be held to be
minimum requirements adopted for the promotion of the health, safety, morals, and general welfare
of the community. Wherever the requirements of this ordinance are at variance with the
requirements of any other lawfully adopted rules or regulations, the most restrictive, or that
imposing the higher standards, shall govern.
SECTION 33 AMENDMENTS AND CHANGES
33. 1 INITIATION AND AMENDMENT
The City Commission may, from time to time, amend, supplement, or change this ordinance and
the regulation of maps, appurtaining thereto. An amendment, supplement, or change may be
initiated by the City Commission or the Zoning Commission.
Whenever the property owner of any land or building desires a reclassification of his property
or change in regulations applicable thereto, he may file with the City Planning Department on
forms provided by the city for this purpose, a petition duly signed and verified by him
requesting an amendment or change of regulations prescribed for such property.
33.2 INVESTIGATION OF AMENDMENT
Upon initiation of an amendment by the City Zoning Commission or the City Commission or upon
petition from a property owner, the City Zoning Commission shall cause to be made such 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 ordinance.
33.3 HEARING FOR AMENDMENT
The City Zoning Commission shall hold public hearings on the matters referred to in such
initiation or petition at which parties in interest and citizens shall have an opportunity to be
heard. At least 15 days notice of time and place of such hearing shall be published in an
official paper or paper of general circulation in the city. After such hearing or hearings, the
Zoning Commission will make reports and recommendations on said petition or initiation to the
City Commission.
When the City Zoning Commission has recommended an amendment or supplement to this ordinance,
including a change in the district boundaries, a public hearing shall be held by the City
Commission for the purpose of acting upon the proposed amendment or supplement after public
notice. Such public notice shall be published in an official paper or a paper of general
circulation in the city telling the time and place of the meeting at least fifteen (15) days
prior to the meeting date. In ease, however, of protest against such changes signed by the
owners of 20 percent or more either of the area of the lots included in such proposed change or
of those lots immediately adjacent in the rear thereof extending 150 feet therefrom or of those
lots adjacent on either side thereof within the block or of those directly opposite thereof
extending 150 feet from the street frontage of such opposite lots such amendment shall not
become effective except by the favorable vote of three-fourths of all members of the City
Commission.
33.4 ENFORCEMENT
This title shall be enforced by the City Manager and his authorized representatives. No
building permit or business or occupational use license shall be issued except in compliance with
the provisions of this section.
SECTION 34 VIOLATION OF ORDINANCE
34. 1 COMPLIANCE REGARDING VIOLATIONS
Whenever a violation of this ordinance 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 Building Official. He shall record properly such complaint and immediately
investigate and take action thereon as provided by this ordinance.
34.2 PENALTIES
Violation of the provisions of this ordinance or failure to comply with any of its requirements,
including violations of conditions and safeguards established in connection with the grant
of variances or conditional uses or any of the requirements for conditions imposed by the Zoning
Commission and/or City Commission shall constitute a misdemeanor. Any person who violates this
ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined
not more than $500.00 or imprisoned not more than six months or both and in addition shall pay
all costs and expenses involved in the case. Each day such violation continues shall be considered
a separate offense and punishable as such.
ORDINANCE NO. 935
308
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.
Nothing herein contained shall prevent the city from taking such other lawful action as if
necessary to prevent or remedy any violation.
SECTION 35 SEPARABILITY CLAUSE
Should any section or provision of this ordinance be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the ordinance as a whole or any
part thereof other than the part so declared to be unconstitutional or invalid.
SECTION 36 REPEAL
All ordinance or parts of ordinances in conflict with this zoning ordinance or inconsistent with
the provisions of this ordinance are hereby repealed to the extent necessary to give this
ordinance full force and effect. This ordinance shall become effective on September 21, 1973.
All ordinances of the City of Bozeman inconsistent herewith to the extent of inconsistency and
no further are hereby repealed. Ordinance No. 855 and all subsequent amendments thereto codified
as Chapter 17.08 of the Bozeman Municipal Code and the Mobile Home Regulations (a portion of the
Subdivision Regulations of the City of Bozeman) are specifically repealed.
This ordinance shall be in full force and effect from and after thirty (30) days after its
•
adoption.
PASSED AND ADOPTED by the City Commission of the city of Bozeman, Montana, this 22nd day of
August, 1973.
Mayor
ATTEST:
--4771
Clerk of The City Commis4ion
STATE OF MONTANA )
COUNTY OF GALLATIN : ss
CITY OF BOZEMAN )
I, Erna V. Harding, Clerk of the City Commission of the City of Bozeman do hereby certify, that
the foregoing Ordinance No. 935 was published by title and number in the Bozeman Daily Chronicle,
a newspaper of general circulation, printed and published in said City of Bozeman in the issue of
the 29th day of August, 1973, and due proof of such publication is on file in my office.
IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 21st
day of September, 1973.
L
ERNA V. HARDING,
Clerk of the City Commi ion
ORDINANCE NO. 935