HomeMy WebLinkAboutRevised Chapter 18.44, Transportation Facilities and Access, 2009CHAPTER 18.44
TRANSPORTATION FACILITIES AND ACCESS
18.44.010 STREETS, GENERAL
All streets shall be provided in accordance with an adopted growth policy and/or transportation plan.
The arrangement, type, extent, width, grade and location of all streets shall be considered in their
relation to existing and planned streets, to topographical conditions, to public convenience and safety,
and to the proposed uses of the land to be served by such streets. The design standards contained in
these regulations shall apply to all construction, reconstruction and paving of streets.
A. Relation to Undeveloped areas. When a proposed development adjoins undeveloped land, and
access to the undeveloped land would reasonably pass through the new development, streets
within the proposed development shall be arranged to allow the suitable development of the
adjoining undeveloped land. Streets within the proposed development shall be constructed to
the boundary lines of the tract to be developed, unless prevented by topography or other
physical conditions, in which case a subdivision variance must be approved by the City
Commission.
B. Relation to Developed areas. The developer shall arrange the streets to provide for the
continuation of streets between adjacent developed properties when such continuation is
necessary for the convenient movement of traffic, effective provision of emergency senTices and
efficient provision of utilities.
C. Separation of Through and Local Traffic. Where a development abuts or contains an existing or
proposed arterial or collector street, the developer may be required to provide frontage roads,
reverse frontage with a reservation prohibiting access along the rear property line, screen
planting, or such other treatment as may be necessary for protection of residential properties and
to afford separation of through and local traffic.
D. Distance Between Parallel Rights-Of-Wad. Where a development borders on or contains a
railroad, limited access highway, canal, ditch or stream right-of-way, the developer may be
required to provide a street approximately parallel to and on each side of such right-of-~vay at a
distance suitable to allow for the appropriate use of the intervening land. Such distances shall
also be determined with due regard for the requirements of approach grades and future grade
separation.
E. Dead-End Streets. Dead-end streets shall comply with City design specifications and standards,
and with any City-adopted Uniform Fire Code. No dead-end streets longer than 150 feet shall
be permitted without an approved turn around. Where streets terminate, the developer shall
provide a cul-de-sac at the terminus. Where it is planned that adead-end street will be extended
in the future, a temporary cul-de-sac shall be provided. All approved turnarounds shall be
signed as no parking.
1. "T" turnarounds, in-lieu of a temporary cul-de-sac, must be specifically approved by the
Cite Engineer. "T" turnarounds shall include t\vo straight backup lengths of 45 feet each
to accommodate City fire trucks. ~ll other design requirements shall be established by
the Cit}' Engineer.
F. Local Streets. Local streets shall be laid out to discourage speeding.
G. Half Streets. Half streets are prohibited except when they are essential to the development, are
beneficial to the Citt~, or when the Cit}' Engineer is satisfied that the half of the street will be
dedicated to the public when the adjouni~g property is developed. Half streets must be
approved by the Cit<~ Engineer, and when adjacent to unannexed land, the County Road Office.
Ordinance # 1755: Effective Februai~~ 20, 2009. page 44-1
When an existuig half street is adjacent to a tract to be developed, the undeveloped half of the
street shall be provided with the new development.
I~. Second or Emergenc}~ Access. To facilitate traffic movement, the provision of emergency
services and the placement of unlit}' easements, all developments shall be provided with a
second means of access. If, u~ the judgment of the Development Review Committee (DRC), a
second dedicated right-of--way cannot be provided for reasons of topography or other physical
conditions, the developer shall provide an emergency access, built to the standards detailed in
these regulations.
1. This provision may be waived or conditionally waived by the DRC.
I. Cul-de-sacs. Cul-de-sacs are generally prohibited. The Cit}= Engineer may consider and approve
the installation of a cul-de-sac only when necessary due to topography, the presence of critical
lands, access control, adjacency to parks or open space, or similar site constraints. Pedestrian
walks shall be installed at the end of cul-de-sacs where deemed appropriate.
J. Bridges and Culverts. Culverts or bridges shall be provided and installed by the developer where
drainage channels intersect any street right-of-way.
1. Brides. Bridges shall be built to Montana Department of Transportation H-20 load
standards, and shall be reviewed and approved by the Gallatin County Road Office and
the City Engineering Department.
2. All culverts shall, at a minimum, extend across the entire improved width of the street
cross section. The size and length of the culvert and the amount of backfill over the
culvert shall be determined by a registered professional engineer, when determuied
necessar-}~ by the City Engineering Department.
a. Each culvert or other drainage facility shall be large enough to accommodate
potential runoff from upstream drainage areas. The minimum capacity of a
culvert shall be equivalent to a circular diameter of 15 inches.
K. Encroachment Permits. The subdivider shall be required to obtain encroachment permits for all
access to state highways.
L. Traffic Control Devices. Street signs and other traffic control devices shall be installed at all
intersections and any other location required by the Cit}= of Bozeman. The location, size, shape
and height of all traffic control devices shall comply City of Bozeman requirements, and shall
conform with the Manual of Uniform Traffic Control Devices (MUTCD) and the Cit}~ of
Bozeman Modifications to Montana Public Works Standard Specifications.
M. Sight Distances. The alignment of all streets shall provide adequate sight distances based on
design operating speeds.
18.44.020 STREET AND ROAD DEDICATION
a. General. All streets or alleys within, or providing access to, the proposed development shall be
dedicated to the public, be private streets to be owned and maintained by an approved property
owners association, or, if the criteria of this section are met, be a public street easement.
1. Public Street Easements. Public street easements shall:
a. Be approved by the Cit}~ attorney's Office;
b. Be recorded in the County Clerk and Recorder' office; and
c. Clearly grant to the public an unrestricted right of uigress and egress from a
public street to the propert}~ to be subdivided.
2. Private Streets.
Ordinance # 1755: Effective hebruary 20, 2009. page 44-2
a. Private streets may be required to have a public access easement if deemed
necessar}~ by the CitS~.
b. If a private street is proposed, the project shall be reviewed as a planned unit
development However, development proposals containing private streets shall
be exempt from the PUD review requirement if:
(1) A local private street is proposed and the street would comply with the
City standard right-of--way requirement of 60 feet, and the standard back-
of-curb to back-of--curb width of 31, 33 or 35 feet; or
(2) A local private street is proposed and the street would comply with the
City standard right-of--way requirement of 60 feet. The back-of-curb to
back-of--curb width could vary from City standards, provided that:
(a) A permanent funding source, such as the levying of assessments
against all properties within the development, for street
maintenance is established and the funding levels will be adequate
for all future private street maintenance; and
(b) The developer signs a waiver of right to protest the creation of
SIDS, or other perpetual legal instrument, acknowledging that the
City will not assume dedication and/or maintenance of the streets
unless the street is brought up to City standards, or the propert}~
owners have agreed to an assessment to fund improvements
required to bring the street up to City standards. The developer
shall record the waiver, or other legal instrument, at the time of
final plat recordation, or prior to issuance of building permits if
no final plat recordation is required.
c. Documented proof of adequate maintenance funding and scheduliig, for all
private streets, shall be provided, subject to X18.72.040, BMC.
18.44.030 INTERSECTIONS
A. The following requirements apply to street intersections:
1. Streets shall intersect at 90-degree angles except when topography prolibits this
alignment In no case shall the angle of an intersection be less than 60 degrees to the
center line of the street or road being intersected;
2. Two streets meeting a third street from opposite sides shall be offset at least 125 feet for
local roads and 300 feet for arterials or collectors. Distances shall be measured from the
inside edge of the access, extended at its intersection with the projected curb line of the
intersecting street, to the right-of--way line, along the street frontage right-of-wa}' line.
See Figure 18.44.090 in Appendix A.;
3. No more than hvo streets ma}~ intersect at one point;
4. Intersections of local streets with major arterials or highways shall be subject to
X18.44.090, BMC;
5. Intersections shall be designed to provide adequate visibilit}' for traffic safety based on
the designed operating speeds of the intersecting roadways;
6. Hilltop intersections are prohibited, unless no alternatives exist Intersections on local
streets within 100 feet of a hilltop are prohibited. Intersections on arterial and collector
streets within 200 feet of a hilltop are prohibited. If no alternatives to a hilltop
intersection exists, additional traffic control devices shall be required;
7. The grade of approaches to major highways shall not exceed 5 percent; and
Ordinance # 1755: Effective Februai-}~ 20, 2009. page 44-3
8. Any street which intersects a paved minor collector or greater street shall be paved for at
least 75 feet from the existing edge of pavement.
18.44.040 STREET NAMES
A. The following requirements apply to street names:
1. New streets aligned with existing streets shall have the same name as the existing streets.
2. All street names must be approved by the Gallatin County Geographic Information
Systems and City Engineering Department prior to final plat or plan approval in order to
avoid duplication and confusion with names of existing streets and roads.
18.44.050 STREET AND ROAD RIGHT OF WAY WIDTH AND CONSTRUCTION
STANDARDS
A. All streets and roads providing access to, and within, the proposed development shall meet the
following standards:
1. Right-of-way width and construction standards contained in this title, the Bozeman Area
Transportation Plan 2001 Update, the City of Bozeman Design Standards and
Specifications Polic}', and the City of Bozeman Modifications to Montana Public Works
Standard Specifications shall apply.
2. Access streets and roads which are not on the City or County's road maintenance system
shall be dedicated to the public, or shall have a public easement which meets the criteria
of this chapter.
18.44.060 STREET IMPROVEMENT STANDARDS
All street improvements shall be designed by and constructed under the supenJision of a professional
civil engineer, registered in the State of Montana, and shall meet or exceed the right-of-wa}% and
construction standards adopted by the Cit}' (including but not limited to an adopted transportation plan
or specifications manual) and required for the t}*pe of street to be constructed.
Plans and specifications for all public or private streets (including but not limited to curb, gutter, storm
drainage, street lighting and sidewalks), shall be provided to and approved by the City Engineer. The
developer shall provide professional engineering services for construction inspection, post construction
certifications and preparation of mylar record drawings. The plans and specifications shall be approved
and a preconstruction conference shall be conducted before any construction is initiated on the street
improvements.
A. Surfacing. A pavement design report, based upon specific site soil data and design-}'ear traffic
loading conditions, prepared by a professional engineer, or other qualified professional approved
by the Cit}' Engu7eer, shall be submitted to the City Engineer for approval prior to plan and
specification submittal if using the self-certification process or with the plans and specifications
if using the standard process. Pavement design shall be in accordance with the Cit}% of Bozeman
Design Standards and Specifications Policy and the Cit}% of Bozeman Modifications to Montana
Public Works Standard Specifications.
B. Allws. In subdivisions where alleys are proposed, a 20-foot wide right-of-~%ay shall be provided.
The driving surface of the alley shall be 16 feet wide and shall be improved with gravel.
1. Subdividers may elect to pave subdivision alleys provided that adequate stormwater
facilities are available.
2. alleys shall be designed and constructed in accordance with the Cit}~ of Bozeman Design
Standards and Specifications Policy and the City of Bozeman Modifications to Montana
Public Works Standard Specifications, and subject to approval by the City Engineer.
Ordinance # 1755: Effective Februar}~ 20, 2009. page 44-4
3. alleys used for backing under j 18.46.020.D, BMC shall be designed to provide the
required aisle width.
C. Traffic Progression. Traffic progression will be of paramount importance. Consequently, all
potential intersections with signals will be placed on quarter-mile points unless otherwise
approved b~% the Ciry Engineer.
D. Level of Service Standards. Streets and intersection level of service "C" shall be the design and
operational objective. All arterial and collector streets shall operate at a minimum level of
ser-~%ice "C". Level of Ser~Tice (LOS) values shall be determined by using the methods defined
by the Highway Capacity Ma~ar~gl - 2000. A development shall be approved only if the LOS
requirements are met by the developer through mitigation measures. The design year for
necessar}~ improvements shall be a minimum of fifteen years followuig construction of said
improvements. Movements on intersection approach legs designated arterial or collector streets
shall be evaluated as follows:
1. Signalized intersections shall have a minimum acceptable LOS of "C" for the
intersection as a whole; individual movement and approach leg LOS lower than "C"
shall be allowed such that the total intersection LOS is a "C" or higher;
2. Unsignalized intersections shall have a minimum acceptable LOS of "C" for the
intersection as a whole for four-way stop controlled; individual movement and approach
leg LOS lower than "C" shall be allowed such that the total intersection LOS is a "C" or
higher;
3. Two-way stop-controlled ('I'WSC) intersections shall have a minimum acceptable LOS
of "C" or higher for the stop controlled, minor legs; and
4. An intersection with a roundabout shall have a minimum acceptable LOS of "C" or
higher for the intersection as a whole.
E. Timing. The installation of street improvements shall comply with the timing requirements of
Chapter 18.74, BMC.
18.44.070 STREET LIGHTING
A. Standards. For street lighting standards, please refer to X18.42.150, BMC
B. Tilnuln--~. For the timing of street lighting improvements, please refer to 518.74.030.B.3, BMC.
18.44.080 SIDEWALKS
~. General. CitS% standard sidewalks (including a concrete sidewalk section through all private drive
approaches) shall be constructed in all developments on all public and private street frontages,
except for alleys. The requirements of the Ciry of Bozeman Design Standards and Specifications
Policy and the Ciry of Bozeman Modifications to Montana Public Works Standard Specifications
shall apply.
B. Sidewalks Adjacent to Public Lands. The developer shall install sidewalks adjacent to public
lands, including but not limited to, parks, open space, and the intersection of alley%s and streets or
street easements.
C. Timing. The followiig requirements regarding the timing of the installation of sidewalks shall
apply:
1. For subdivision improvements, please refer to ~18.74.030.B.2, BMC.
2. For site development improvements, sidewalks shall be installed prior to issuance of an
occupanc}~ permit, or shall be subject to an approved improvements agreement and
financially guaranteed, as specified in Chapter 18.74, BMC.
Ordinance # 1755: Effective Februar-~~ 20, 2009. page 44-5
18.44.090 ACCESS
A. General. All final site plans and plats shall contain a statement requiring lot accesses to be built
to the standard contained in this section, the City of Bozeman llesign Standards and
Specifications Policy, and the City of Bozeman Modifications to Montana Public Works
Standard Specifications.
1. Lot Access Standards. The drive approach shall be constructed in accordance with the
City's standard approach, which includes a concrete apron, sidewalk section and drop-
curb.
a. A City curb cut and sidewalk permit must be obtained from the Engineering
Department prior to installation of the approach.
2. Access shall comply with any City-adopted Uniform Fire Code.
B. Drive Access From Improved Public Street Approved Private Street or Alle}~ Required.
1. For purposes of this code, "impro~red" public street, approved private street, or alley
means and includes:
a. Any street or alley within the City constructed to a standard which meets or
exceeds standards established by this title, the City of Bozeman Design Standards
and Specifications Policy, and the City of Bozeman Modifications to Montana
Public Works Standard Specifications;
b. Constructed public streets which may not meet current City standards but which
are constructed to a standard that has historically provided an adequate level of
sen~ice to adjacent properties, which level of sei-~=ice would not be degraded as a
result of a pending development proposal.
2. Unless otherwise allowed by this title, all lots shall be provided with legal and physical
access via one of the following options:
a. Twenty-five feet of frontage on a public or approved private street;
b. Twenty-five feet of frontage on a public or approved private street AND an
improved alley; or
c. Twenty-five feet of frontage on an improved alley AND a greenway corridor or
trail corridor with public access. This option may require additional
improvements to the alley to accommodate emergency access, snow removal and
storage, and the provision of utilities. The alley may also require signage for the
provision of emergency services.
C. Drive Access Requirements.
1. Drive accesses are required for commercial parking lots and parking lots for residential
developments subject to the site plan review procedures of Chapter 18.34, BI\1C. Parking
areas for residential developments subject to the sketch plan review procedures of
j 18.34.050, BMC, may take access directl>> from an improved public street, approved
private street or improved alle}' as defined in subsection (B)(1) of this section with access
provided according to the provisions of this section and ~18.46.020.D, BMC.
2. All drive accesses installed, altered, changed, replaced or extended shall compl}~ with the
following requirements:
a. Residential.
(1) Residential lots shall not have direct access to arterials or collectors,
unless the standards contained in Table 44-3 are complied with;
Ordinance # 1755: Effective Februai-t~ 20, 2009. page 44-6
(2) Single-household drive access openings shall not exceed 24 feet in width
measured at the right-of--way line and 34 feet in width measured at the
curb line. rill residential complexes for fewer than five households are
considered single-household residences for the purpose of this section;
(3) adjoining accesses for townhouses shall not exceed a combined total of
40 feet in width measured at the right-of-way line. Townhouses with
physical separation between drive accesses shall be reviewed as single-
household drive access. For the purposes of this section, physical
separation means a landscaped area greater than or equal to 10 feet in
width between paved areas and extending from the front line of the
building to the right-of--way line; and
(4) Residential complexes with five or more dwelling units shall be
considered commercial (nonresidential) establishments for the purpose
of~118.44.090.C, except that separated parking facilities for individual
townhouse units shall be considered the same as single-household
parking facilities.
b. Nonresidential.
(1) Commercial drive access widths shall be a maximum of 35 feet measured
at the inside edge of the drive access extended, at its intersection with the
projected curb line of the intersecting street. Two-way drive access shall
be a minimum of 24 feet and one-way drive access shall be a minimum of
16 feet.
(2) Industrial drive access widths shall be a maximum of 40 feet measured at
the inside edge of the drive access extended, at its intersection with the
projected curb line of the intersecting street Two-way drive accesses
shall be a minimum of 24 feet and one-way drive accesses shall be a
minimum of 16 feet.
c. Drive accesses for all multiple tenant commercial buildings or
complexes/centers, or industrial drive accesses shall be set back a minimum of
20 feet from the adjacent property line unless such drive access is approved as a
shared drive access.
d. Drive accesses to drive-in theaters, stadiums, racetracks, funeral homes or uses
generating very hea~~~ periodic traffic conflicts shall be located not closer than
200 feet to any pedestrian or vehicular entrance or exit to a school, college,
universitt~, church, hospital, public emergency shelter or other place of public
assembly.
e. ~ll commercial and industrial drive accesses on arterial streets shall have 15-foot
return radii unless otherwise approved by the Director of Public Seri=ice. ~ll
commercial and industrial drive accesses on other streets may have either return
radii or depressed curbs. The minimum radius allowed is 4 feet.
D. Spacing Standards for Drive t~ccesses.
General.
a. Consolidation of access points onto public streets, to achieve a distance between
access points ui excess of the minimum standards in this section, is desired and
shall be considered during all levels of site plan review.
b. For the purposes of this section public or private access means any street, alle}',
driveway or other point of vehicular access to a publicly controlled street.
Ordinance # 1755: Effective February 20, 2009. page 44-7
c. The distance between public and/or private accesses on a public street shall be
measured between the right-of--way line for public accesses and the nearest inside
edges of private accesses according to the following distances specified in
subsections 2 and 3 below.
d. Subsection D of this section does not apply to single-household, duplex or
triplex structures on individual lots.
2. Standards for Development approved Before Jule 10, 2002. The provisions of this
section apply to development proposals receiving preliminary approval by the final
decision making body prior to July 10, 2002.
a. Distance from Intersection. Public or private access distance from street
intersections shall be subject to the following minimum dimensions:
Table 44-1
Access Located on Access Located on Access Located on
Arterial Streets Collector Streets Local Streets
Distances from Distances from Distances from
Intersection Intersection Intersection
Nearest Commercial Commercial Commercial
Intersecting Residential /Industrial Residential /Industrial Residential /Industrial
Street District District District District District District
Arterial 150' 200' 100' 150' 40' 100'
Collector 150' 150' 40' 150' 40' 80'
Local 100' 150' 40' 100' 40' 80'
Note: All distances shall he measured~iom the inside edge of the acce.cr, extended at itr intersection with the projected crtrb lure
of the intersecting street, to the right-of-rva~~ line, along the rtreet frontage right-of-u~a~~ lime See Figure 18.44.090 in Appendix
A..
b. Distance Between Public and/or Private accesses Standards. The distance
between public and/or private accesses shall be subject to the following
minimum dimensions:
Table 44-2
Access Located on Access Located on Access Located on Local
Arterial Streets Collector Streets Streets
Commercial Commercial Commercial
Minimum Residential /Industrial Residential /Industrial Residential /Industrial
S acin District District District District District District
Partial
Access 80' 150' 60' 80' 40' 60'
Full Access2 100' 150' 100' 150' 40' 80'
Minimum
Se aration 60' 100' 60' 80' 40' 60
'Partial access inctrrdes ri~bt turn in and out onfy.
' Ful/access allows all turn movements, in and out.
3. Standards for Development Approved after July 10, 2002. This section shall apply to all
development receiving preliminary approval after July 10, 2002. These standards apply
to the minimum distance between public and/or private accesses and intersections, and
the minimum distance between public and/or private accesses and other public and/or
private accesses.
Ordinance # 1755: Effective Februar~~ 20, 2009. page 44-8
Table 44-3
Access Located on
Arterial Streets Access Located on
Collector Streets Access Located on
Local Streets
Avera e S aein In :~Il Districts In :ill Districts In .ill Districts
Partial Access' 315' 150' 40'3
Full Access2 660' 330' 40'3
Minimum Se aration
n _.~, _, , 315' 150' 40'
'Full access al/or~~,r all turn moveme~rlr, i~z and out.
'Accesses on local streets shall be at least 150 feet from an intersection with an arterial.
E. Number and Location of Drive Accesses.
1. Single-household uses shall be limited to one drive access per street face, except on
properties abutting arterial streets in which case shared accesses, or driveways facilitating
the turning of automobiles on-site, shall be required.
2. Notwithstanding any other provisions of this title, drive accesses may not be located
closer than 5 feet to any side property line, unless shared access, as defined in
X18.80.2770, with the adjoining property is approved. This standard does not apply to
the shared side property line of townhouses units with adjacent garages usiig attached
driveways.
h. Shared Drive access. The Cite desires and encourages sharing access drives, as defined in
Chapter 18.80, BMC, between separate parcels.
G. access Appro~=al Required. All drive accesses shall be approved by the CitS~ Engineer for width
and location.
H. Modifications of Propert~~ access Standards.
1. Some of the standards listed in subsections C through E of this section, may be relaxed
by the City Engineer if it is shown during the development review process that more
efficient design can be accomplished without jeopardizing the public's health, safety and
welfare, the intent of this title, or the intent of the CitS~'s growth policy.
2. Modifications from access standards shall be approved at the discretion of the City
Engineer.
3. Commercial developments (including residential complexes for five or more households)
which ma}' not be able to meet the requirements of subsections C through E of this
section, and are requesting modifications from the standards, shall submit to the City
Engineer a report certified by a professional engineer addressiig the following site
conditions, both present and future:
a. Traffic volumes;
b. Turning movements;
c. Traffic controls;
d. Site design;
e. Sight distances; and
f. Location and alignment of other access points.
4. Based upon the above data, the Cit}' Engineer shall determiie whether a modification
from the required standards is justified and, if so, what alternative requi-ements will be
necessary.
Ordinance # 1755: Effective Februar~~ 20, 2009. page 44-9
18.44.100 STREET VISION TRIANGLE
A. Arterial Streets. On corner lots on arterial streets ui all districts, no fence, wall or planting in
excess of 30 inches above the street centerline grade shall be permitted within a triangular area
defined as follows: beginning at the intersection of the projected curblines of the two
intersection streets, thence 50 feet along one curb line, thence diagonally to the point 50 feet
from the pouit of beginnng on the other curblines, then to the point of beginning.
B. Collector and Local Streets. On corner lots, on collector and local streets, in all districts, no
fence, wall or planting ui excess of 30 inches above the street centerline grades shall be
permitted within a triangular area defined as follows: beginning at the intersection of the
projected curblines of two intersectuig streets, thence 40 feet along one curb line, thence
diagonally to a point 40 feet from the point of beginning on the other curb line, then to the
point of beginning.
C. Driveways and Alley. At the intersection of each driveway or alley with a street, no fence, wall
or planting in excess of 30 niches above the street centerline grade shall be permitted within a
triangular area where corners are defined by hvo points on the right-of-way line, 15 feet on each
side of the centerline of the driveway or alley and a point on centerline 10 feet outside the right-
of-way. Any driveway or alley wider than 30' curb to curb at the right-of-way line shall use the
vision triangle standard for local streets when intersecting local, collector, or arterial streets.
D. Provision for "trees in Street Vision Triangle.
1. Single-stem canopy trees are discouraged but may be permitted in street vision triangles
as described in this section, provided that mature trees do not significantly affect safe
drivuig conditions and are maintained such that no canopy foliage exists below a height
of 10 feet above centerline of intersecting streets.
2. Trees which are located in the street vision triangle and which preexisted the adoption of
this title may be allowed to remain, provided the trees are trimmed such that no linbs or
foliage exist below a height of 10 feet above centerline grades of intersecting streets.
E. For an illustration of the requirements of this section see Figure 18.44.100 in Appendix A.
18.44.110 TRANSPORTATION PATHWAYS
A. General. Developers shall install pathways in accordance with this title, the growth policy, the
Greater Bozeman area Transportation Plan Year 2001 Update, any adopted Cit}~vide park plan,
and an}~ adopted Park Master Plan, and shall comply with City of Bozeman design specifications.
See also X518.42.100, 18.50.070 and 18.50.110, BMC.
B. Pathwa,~Categories. The DRC shall be responsible for determining whether a pathway is a
transportation pathway or a recreation pathway. For subdivision and planned unit development
proposals, this determination shall be made during the pre-application process.
1. Transportation Pathwa~~s. Developers shall install transportation pathways, to provide
adequate multimodal transportation facilities within the development, as part of the
required development improvements. Transportation pathways shall be ADA accessible,
and include the following t}'pes of facilities:
a. Sidewalks;
b. On-street bike lanes and bike routes;
c. Boulevard trails; and
d. Class I trails;
(1) With the exception of trail corridors within required watercourse
setbacks, corridors for Class I trails shall be dedicated to the City. The
Ordinance # 1755: Effective Februar}~ 20, 2009. page 44-10
dedicated trail corridor shall be at least 25 feet in width to ensure
adequate room for the construction, maintenance and use of the trail.
Transportation trail corridors can not be used to satisf}~ park land
dedication requirements.
e. Pathways that connect community or neighborhood commercial nodes by a
reasonably direct route; or
f. Pathways that connect major residential, employment, educational, or other
sen~ice nodes by a reasonably direct route.
2. Recreation Pathways. For the definition of recreation pathways, please see ~18.50.110.B,
BMC.
C. Related Facilities. If pathways are proposed or required, stream crossings and other similar
improvements, where necessar}~, shall be installed. Bridge design and construction shall comply
with Cit}~ specifications and standards, and shall be submitted to the Planning Department for
review and approval. Any necessary permits for bridges shall be obtained by the developer from
the appropriate agency prior to installation of the stream crossings.
D. Trail Requirements. The class of the trail shall be determined by the Recreation and Parks
Advisor}' Board, and the trail shall be designed and constructed according to any adopted park
or recreation plan or other City specifications and standards. Trails and bridges must meet
Americans with Disabilities Act (ADA) specifications for recreational facilities and maintain a
natural appearance. Trail plans and specifications shall be submitted to the Planning
Department for review and approval prior to installation.
L. Bicycle Lanes and Boulevard Trails. Wherever new streets are to be developed as a result of a
development proposal, or wherever existing streets or roads are required to be improved, and
upon a recommendation from the Bozeman Bicycle Advisory Board (BBAB), the developer may
be required to incorporate striped bicycle lanes along the shoulder, meeting current AASHTO
standards, into the design and construction or improvement of the streets or roads. The
decision to install a boulevard trail instead of a bike lane shall be based on the Bike Route
Network Map (Figure 6-4) contained in the Greater Bozeman Area Transportation Plan Year
2001 Update. The City Commission may consider exceptions based on the particular
characteristics of a transportation corridor and recommendations from the DRC and the BBAB.
Boulevard trails and bike lanes shall be designed and constructed in accordance with the Greater
Bozeman Area Transportation Plan Year 2001 Update and any other applicable Cir)~
specifications and standards.
F. Pathway Maintenance. Trails within and adjacent to the proposed development, as well as off-
street pathways (i.e., sidewalks and boulevard trails) along external development streets, shall be
maintained (including snow removal) in accordance with an approved maintenance plan by the
developer until 50 percent of the lots within the development area sold. Thereafter the propert}'
owners association shall be responsible for maintenance. The propert)~ owners association may
establish an improvement district to collect assessments to pay for the maintenance.
G. Pathway Easements. Where pathways cross private land or common open space, the proper
public access easements shall be provided. Public access easements for pathways shall be at least
25 feet wide.
I~. Trails in Required Watercourse Setbacks. Trail corridors within required watercourse setbacks
shall not be dedicated to the Cit}', and such land may not be used to satisf}~ park land dedication
requirements. When publicly accessible trails are established within required watercourse
setbacks, public access easements at least 25 feet in width shall be provided to ensure adequate
room for the construction, maintenance and use of the trail.
Ordinance # 1755: I~ffective February 20, 2009. page 44-11
I. Corridors for transportation pathways shall not be used to satisf~~ park land dedication
requirements.
18.44.120 PUBLIC TRANSPORTATION
A. Street Design. All interior and exterior development streets that are designated as transit routes
shall be designed to accommodate transit vehicles and facilities. Transit considerations for street
design include, but are not limited to:
1. Pavement design;
2. Lane width;
3. Corner radii;
4. Street grade;
5. Curb height; and
6. Right-of--way width.
B. Other Transit Considerations. Developments with designated .transit routes shall be designed
with consideration to the following requirements:
1. Spacing of Transit Stops. All lots within the development shall be not further than one-
half mile from a designated transit route;
2. Length of Transit Stops. Developments shall be designed to accommodate a bus length
of at least 90 feet on designated transit routes;
3. Distance from Intersection. Transit stops shall be at least 5 feet from pedestrian
crosswalks or the end of corner radii;
4. Driveway Conflicts. Lots and lot accesses shall be configured to avoid conflicts with
transit stops; and
5. Ian. Subdivision street lighting shall be configured to provide adequate lighting at
transit stops.
C. if any streets on the interior or exterior of the deg=elopment are designated as transit routes, the
CitS~ Commission may require the developer to provide transit facilities such as transit stop
signage, benches, bike racks, lighting and bus shelters.
Ordinance # 1755: Effective Februai~~ 20, 2009. page 44-12
CHAPTER 18.78
SUBMITTAL MATERIALS AND REQUIREMENTS
18.78.010 GENERAL
All applications and supplemental material, including all copies of plats and site development plans, shall
be bound and folded into complete 8'/2- by 11-inch or 8'/a- by 14-inch sets ready for distribution. all
plats shall be on one or more sheets either 18- by 24-inches or 24- by 36-inches in size, and shall be
folded and included in the bound submittal. a digital (PDF) copy of the entire submittal (applications,
supplemental material, plat and plans) shall be provided as required.
18.78.020 STREAMBED, STREAMBANK AND/OR WETLANDS PERMITS
The developer shall provide the Planning Department with a copy of all required streambed, streambank
or wetlands permits, or written notification from the appropriate agency that a permit is not required,
prior to the commencement of any work on the site and/or final plat approval, whichever is sooner.
These permits include, but are not limited to:
a. Montana Stream Protection Act (SPA 124 Permit). Administered by the Habitat Protection
Bureau, Fisheries Division, Montana Fish, Wildlife and Parks
B. Stormwater Discharge General Permit. administered by the Water Quality Bureau, Montana
Department of Environmental Quality
C. Montana Natural streambed and Land Preservation Act (310 Permitl. administered by the
Board of Supervisors, Gallatin Conservation District
D. Montana Floodblain and Floodway Management Act (Floodplain Deg elopment Permit.
Admtmstered by the Crt}~ of Bozeman, Engineering Department
E. Federal Clean Water Act (404 Permit. Administered by the U.S. Army Corps of Engineers and
the U.S. Environmental Protection Agency
F. Federal Rivers and Harbors act (Section 10 Perrrrr~. Administered by the U.S. Army Corps of
Engineers
G. Short-term Water Oualit<~ Standard for Turbidit,~ (318 Authorization. Administered by Montana
Department of Environmental Quality
H. Montana Land-Use License or Easement on Navigable Waters. Administered by the Montana
Department of Natural Resources and Conservation
I. Montana Water Use Act (Water Right Permit and Change authorization). administered by the
Water Rights Bureau, Montana Department of Natural Resources and Consen~ation
18.78.030 SUBDIVISION PRE-APPLICATION PLAN
The pre-application plan may be a freehand sketch, legibly drawn, showing approximate boundaries,
dimensions, areas and distances. The plan may be drawn directly on a print of a topographic survey
required for the preliminary plat and shall include:
a. Sketch Min. r, sketch map showing:
1. The names of adjoining subdivisions and numbers of adjoining certificates of survey,
along with adjacent lot and tract lines.
2. Location, name, width and owner of existing or proposed streets, roads and easements
within the proposed subdivision; existing streets, roads and easements witlrin adjacent
subdivisions and tracts; and the name of street or road that provides access from the
nearest public street or road to the proposed subdivision.
Ordinance # 1755: Effective February 20, 2009 page 78-1
3. Location of all existing structures, including buildings, railroads, powerlines towers, and
improvements inside and within 100 feet of the proposed subdivision.
4. Zoning classification within the proposed subdivision and adjacent to it. "1 he zoning
proposed for the subdivision, if a change is contemplated.
B. Topographic Features. Topographic features of the proposed subdivision and adjacent
subdivisions and tracts, including:
1. A current U.S. Geological Survey topographic map at the largest scale available with the
subdivision clearly outlined.
2. Embankments, water courses, drainage channels, areas of seasonal water ponding, areas
within the designated floodway, marsh areas, wetlands, rock outcrops, wooded areas,
noxious weeds and areas of active faults. Include copies of any permits listed in
X18.78.020, BMC that have been obtained for the project.
C. Utilities. The existing and proposed utilities located on and adjacent to the proposed
subdivision including:
1. Location, size and depth of sanitary and storm sewers, water mains and gas lines.
2. Location of fire hydrants, electric lines, telephone lines, sewage and water treatment, and
storage facilities.
D. Subdivision Layout. The proposed layout of the subdivision showing the approximate:
1. Subdivision block, tract, and lot boundary lines, with numbers, dimensions, and areas for
each block, tract and lot.
2. Street location, right-of-way width, and name.
3. Easement location, width and purpose.
4. Sites to be dedicated or reserved as park, common open space or other public areas, with
boundaries, dimensions and areas.
5. Sites for commercial centers, churches, schools, industrial areas, condominiums,
manufactured housuig community and uses other than single-household residences.
E. Development Plan. An overall development plan indicating future development of the
remainder of the tract, if the tract is to be developed in phases.
F. Name and Location. A title block indicating the proposed name, quarter-section, section,
township, range, principal meridian and county of subdivision.
G. Notations. Scale, north arrow, name and addresses of owners and developers, and date of
preparation.
H. Variances. A list of variance requests which will be submitted with the application for
preliminary plat application.
I. Waivers. List of waivers requested from the requirements of X18.78.060, BMC shall be
submitted with the preapplication. The DRC shall be responsible for granting waivers, and the
Planning Department staff shall notify the developer in writing of any waivers granted from
518.78.060, BMC after the preapplication meeting or plan review.
J. Parks and Recreation Facilities. The following information shall be provided for all land
proposed to meet parkland dedication requirements:
1. Park concept plan, including:
a. Site plan for the entire property;
b. The zoning and ownership for adjacent properties;
Ordinance # 1755: F_ffective February 20, 2009 page 78-2
c. The location of any critical lands (wetlands, riparian areas, streams, etc.);
d. General description of land, including size, terrain, details of location and lustor}~,
and proposed activities; and
e. Description of trails or other recreational features proposed to connect the
proposed park area to other park or open space areas.
K. Digital (PDF) copy of entire submittal.
L. affordable Housing. Describe how the subdivision proposes to satisfy the requirements of Title
17 Chapter 2, BMC.
18.78.040 SUBDIVISION PRELIMINARY PLAT
The preliminary plat shall be legibly drawn at a horizontal scale no smaller than 100 feet to the inch, and
may show approximate boundaries, dimensions, distances and areas, unless specifically noted. The plat
shall be on one or more sheets of 18- by 24-inch or 24- by 36-inch paper. Where accurate information
is required, surveying and engineering data shall be prepared under the supervision of a registered
engineer or registered land surveyor, licensed in the State of Montana, as their respective licensing laws
allow. The plat submittal shall include the following:
A. Pre-application Information. all information required with the pre-application plan, as outlined
in X18.78.030, BMC.
B. Subdivision Information. Name and location of the subdivision, scale, scale bar, north arrow,
date of preparation, lots and blocks (designated by number), the dimensions and area of each lot,
and the use of each lot, if other than for single-household.
C. Streets. Roads and Grades. All streets, roads, alleys, avenues, highways and easements; the width
of the right-of-way, grades and curvature of each; existing and proposed road and street names;
and proposed location of intersections for any subdivision requiring access to arterial or
collector streets.
D. adjoining Subdivisions. The names of adjoining platted subdivisions and numbers of adjoining
certificates of sur-~=e}~.
F. Adjoining Owners. Names and addresses of record owners of lots and tracts immediately
adjoining the proposed subdivision.
F. Perimeter Survey. An approximate survey of the exterior boundaries of the platted tract with
bearings, distances, and curve data indicated outside of the boundary lines. When the plat is
bounded by an irregular shoreline or a body of water, the bearings and distances of a closing
meander traverse shall be given.
G. Section Corner. The approximate location of all section corners or legal subdivision corners of
sections pertinent to the subdivision boundary.
H. Phased Improvements. If the improvements required are to be completed in phases after the
final plat is filed, the approximate area of each phase shall be shown on the plat.
I. Contours. Ground contours shall be provided for the tract according to the following
requirements:
Tahle 7R-7
Where the avera a slo a is: Contour intervals shall be:
Under 10 ercent 2 feet if all lots are over one acre in size, five feet internals may be used)
Between 10 and 15 ercent 5 feet
Greater than 15 ercent 10 feet
Ordinance # 1755: Effective February 20, 2009 page 78-3
J. Waivers. List of waivers granted from the requirements of 518.78.070, BMC during the
preapphcation process shall be submitted with the preliminary plat application.
K. Request for Exemption from Department of Environmental Ouality Review. If the developer is
proposing to request an exemption from the Department of Environmental Quality for
infrastructure plan and specification review, the preliminary plat apphcation shall include a
written request from the developer's professional engineer, licensed in the State of Montana, that
indicates the intent to request the exemption, and details the extent of water, sewer and
stormwater infrastructure that will be completed prior to final plat approval. A detailed
preliminary stormwater drainage plan must also be submitted with the written request
18.78.050 PRELIMINARY PLAT SUPPLEMENTS REQUIRED FOR ALL SUBDIVISIONS
The following supplemental information shall be submitted with the preliminary plat.
A. Area Mab. A map showing all adjacent sections of land, subdivision, certificates of survey,
streets and roads.
B. Subdivision Mab. Map of entire subdivision on an 8'/z" x 11 ", 8'/z" x 14", or 11" x 17" sheet.
C. Variances. A written statement describing any requested subdivision variance(s) and the facts of
hardship upon which the request is based (refer to Chapter 18.66, BMC).
D. Property Owners. A certified list of adjoining property owners, their mailuzg addresses and
property description, including property owners across public rights-of-way and/or easements.
The names and addresses shall also be provided on self-adhesive mailing labels, one set of labels
for first minor subdivisions or subdivisions eligible for summary review, and three sets of labels
for all other subdivisions.
E. Documents and Certificates. Draft copy of the following documents, and certificates to be
printed on or to accompany the preliminary plat:
1. Covenants, restrictions and articles of incorporation for the property owners association.
2. Encroachment permits or a letter indicating intention to issue a permit ~=here new
streets, easements, rights-of--way or driveways intersect state, count}' or city highways,
streets or roads.
3. A letter of approval or preliminary approval from the City of Bozeman where a zoning
change is necessary.
4. A draft of such other appropriate certificates.
5. Provision for maintenance of all streets (including emergency access), parks, and other
required improvements if not dedicated to the public, or if private.
F. Street Profile Sheets. Profile sheets for street grades greater than 5 percent.
G. Application and Fee. Completed preliminary plat application form, with the original signatures
of all owners of record or their authorized representatives, and the required review fee. If an
authorized representative signs on behalf of an owner of record, a copy of the authorization
shall be provided.
H. Noxious Weed Management and Revegetation Plan. Noxious weeds shall be controlled in all
developments as directed by the County Weed Control District (district) in accordance with the
Montana County Noxious Weed Control Act (57-22-21, MCA). The developer shall have any
noxious weeds identified and their location mapped by a person with experience in weed
management and knowledgeable in weed identification. A noxious weed management and
revegetation plan approved by the district for control of noxious weeds shall be submitted with
the preliminai-~~ plat application. This plan shall ensure the control of noxious weeds upon
Orduiance # 1755: Effective February 20, 2009 page 78-4
preliminary plat approval and the revegetation of any land disturbed during the construction of
subdivision improvements.
I. Sanitation Information. When the subdivision does not qualify for the certification established in
518.06.050, BMC, the subdivider shall provide the information regarding sanitation set forth ui
576-3-622, MCA.
18.78.060 ADDITIONAL SUBDIVISION PRELIMINARY PLAT SUPPLEMENTS
The following list of preliminary plat application supplements shall also be provided for all subdivisions
unless waived by the Development Review Committee during the pre-application process. The
developer shall include documentation of any waivers granted by the City after the pre-application
meeting or plan review.
Additional relevant and reasonable information may be required to adequatel}' assess whether the
proposed subdivision complies with this title and the Montana Subdivision and Platting Act. The need
for additional information shall be determined during the pre-application process.
A. Surface Water.
1. Mapping. Locate nn a plat overlay or sketch map all surface waters and the delineated
floodplain which map affect or be affected by the proposed subdivision including:
a. Natural water systems such as natural streams, creeks, stream/ditches, drainages,
waterways, gullies, ravines or washes in which water flows either continuously or
intermittently and has a definite channel, bed and banks.
b. Artificial water systems such as canals, ditches, ditch/streams, aqueducts,
resei-~~oirs, irrigation or drainage systems.
2. Description. Describe all surface waters which may affect or be affected by the
proposed subdivision including name, approximate size, present use and tune of year
when water is present.
a. Describe proximity of proposed construction (such as buildings, sewer systems,
streets) to surface waters.
3. Water Body Alteration. Describe any existing or proposed streambank or shoreline
alterations or any proposed construction or modification of lake beds, watercourses or
irrigation ditches. Provide information on location, extent, type and purpose of
alteration. Provide a revised floodplain analysis report, in compliance with Chapter
18.58, BMC, as appropriate.
4. Wetlands. If the subdivision contains wetlands, as defined in Chapter 18.80 of this title,
then a delineation of the wetland(s) shall be shown on the preliminar~~ and final plats.
5. Permits. Include copies of any permits listed in 518.78.020, BMC that have been
obtained for the project.
B. rloodplauis. A floodplain analysis report shall be submitted with the preliminary plat in
compliance with Chapter 18.58 of this title.
C. Groundwater.
De th. Establish the seasonal tnitumum and maximum depth to the water table, dates
on which these depths were determined, and the location and depth of all known
aquifers which may be affected by the proposed subdivision. The high water table shall
be determuned from tests taken during the period of major concern as specified in
writing by the Count<~ Environmental Health Department. Specific locations for test
holes may also be determined by the County Environmental Health Department.
Ordinance # 1755: Effective 1~ebruary 20, 2009 page 78-5
2. Steps to rwoid Degradation. Describe any steps necessary to avoid the degradation of
groundwater and groundwater recharge areas.
D. Geology -Soils -Slopes.
1. Geologic Hazards. Identify geologic hazards affecting the proposed subdivision which
could result in property damage or personal injury due to rock falls or slides; landslides,
mud or snow; surface subsidence (i.e., settling or sinking); or seismic activity.
2. Protective Measures. Explain what measures will be taken to prevent or materially lessen
the danger of future property damage or injury due to any of the hazards referred to
above.
3. Unusual Features. Provide a statement describiig any unusual soil, topographic or
geologic conditions on the property which limit the capability for building or excavation
using ordinary and reasonable construction techniques. The statement should address
conditions such as shallow bedrock, high water table, unstable or expansive soil
conditions, and slope. On a map, identify any slopes in excess of 15 percent grade.
4. Soils Map. The subdivision shall be overlaid on the Gallatin Count} Soil Survey map`s
obtained from the Natural Resource and Conservation Service (MRCS). The maps are
1:24,000 in scale. These maps may be copied without permission. However,
enlargement of these maps could cause misunderstanding of the detail of mapping. Soils
were mapped using a minimum delineation of five acres, and these soils reports were
intended to alert developers to possible problems and the need for a more detailed on-
site investigation. The developer shall provide the following soil reports, which can be
obtained from the NRCS:
a. The physical properties and engineering indexes for each soil type;
b. Soil limitations for building and site development, and water features for each
soil type;
c. Hydric soils report for each soil type. If hydric soils are present, the developer
shall provide a wetlands investigation by a certified consultant, using the Federal
Manual for Identifying and Delineating Jurisdictional Wetlands (~anuary, 1987);
and
d. The developer shall provide any special design methods planned to overcome the
above limitations.
5. Cuts and Fills. Describe the location and amount of any cut or fill three or more feet ii
depth. These cuts and fills should be indicated on a plat overlay or sketch map. Where
cuts or fills are necessary, describe any plans to prevent erosion and to promote
revegetation such as replacement of topsoil and grading.
E. Vegetation.
1. Vegetatio_ n~Map. On a plat overlay or sketch map:
a. Indicate the distribution of the major vegetation t}=pes such as marsh, grassland,
shrub, coniferous forest, deciduous forest or mixed forest.
b. Identif}' critical plant communities such as stream bank or shoreline vegetation;
vegetation on steep, unstable slopes; and vegetation on soils highly susceptible to
wind or water erosion.
2. Protective Measures. Describe measures to preserv=e trees and critical plant communities
(e.g., design and location of streets, lots and open spaces).
Ordinance # 1755: Effective February 20, 2009 page 78-6
F. Wildlife.
1. S ecies. Describe species of fish and wildlife which use the area affected by the
proposed subdivision.
2. Critical Areas. Identify on a plat overlay or sketch map of the proposed subdivision any
known critical, significant or "key" wildlife areas, such as big game winter range,
waterfowl nesting areas, habitat for rare or endangered species or wetlands.
3. Pets/Human Activity. Describe the expected effects of pets and human activity on
wildlife.
4. Public Access. Describe the effects on public access to public lands, trails, hunting or
fishing areas.
5. Protective Measures. Describe any proposed measures to protect or enhance wildlife
habitat or to minimize degradation (e.g., keeping building and streets back from
shorelines, setting aside marshland as undeveloped open space).
6. The developer shall discuss the impact of the proposed development on fish and wildlife
with the Montana Department of Fish, Wildlife and Parks (FWP). With the preliminary
plat, the developer shall provide written documentation from FWP that:
a. Verifies that FWP has reviewed the proposed plat;
b. Lists any F~X/P recommendations; and
c. Outlines any mitigation planned to overcome any adverse impacts.
G. Historical Features.
L Affected Areas. Describe and locate on a plat overlay or sketch map any known or
possible historic, paleontological, archeological, or cultural sites, structures, or objects
which may be affected by the proposed subdivision.
2. Protective Measures. Describe any plans to protect such sites or properties.
3. Describe procedures to be followed if any historic, paleontological, archeological,
cultural sites, structures or object are found on site during site preparation and
construction.
4. The developer shall discuss the impact of the proposed development on any historic
features, and the need for inventory, study and/or presenTation with the State Historic
Presei-~~ation Office (SHPO). The developer shall provide written documentation from
SHPO that:
a. Verifies that SHPO has reviewed the proposed plat;
b. Lists any SHPO recommendations;
c. Outlines an}' plans for inventory, study, and/or preservation; and
d. Describes an}~ mitigation planned to overcome any adverse impacts.
5. Information on historical sites shall be prepared by a qualified professional, including
persons with a professional or educational background in history, architectural history,
archeology, art lstory, historic preservation, anthropology and cultural resource
management.
H. Agriculture.
1. Number of acres in production and type of production.
2. Agricultural operations in the eicirut}', and other uses of land in the general vicinity.
3. 'The productivit}• of the land.
Ordinance # 1755: Effective February 20, 2009 page 78-7
4. Whether or not the propert}~ is part of a viable farm unit, and whether the propert}~ was
under production during the last regular season.
5. What measures will be taken, if any, to control family pets.
6. Fencing of Agricultural Land. Describe any existing fence lines around the subdivision
boundary which protect agricultural lands under an ownership other than of the
developer, and describe any measure which ~~ill be taken to ensure that the owners of
the subdivision will share with the owner of the agricultural lands in the continued
maintenance of the fence.
I. agricultural Water User Facilities.
1. Type, description, ownership and users of facilities.
2. Written documentation demonstrating active use of facilities. If a facilit<= is not being
actively used, include a written plan for abandonment.
3. Describe any proposed realignment(s). All realignments must comply with all relevant
requirements of state law.
J. Water and Sewer. Provide an engineering design report and/or other documentation
demonstrating that adequate water distribution systems and capacity, and sewage collection and
disposal systems and capacity, exists to serve the proposed subdivision.
K. Stormwater Management. A stormwater management plan shall be submitted with the
preliminary plat. a system shall be designed to remove solids, silt, oils, grease and other
pollutants from the runoff from the private and public streets and all lots, includilig;
1. The plan shall depict the retention/detention basin locations, and locate and provide
easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. Stormwater receiving channels shall be clearly identified
for all ponds.
2. The plan shall include sufficient site grading and elevation information (particularly for
the basin sites, drainage ways and lot finished grades), typical stormwater
retention/detention basin and discharge structure details, basin sizing calculations, and a
stormwater maintenance plan.
3. Any necessary stormwater easements.
L. Streets, Roads and alleys.
1. Description. Describe any proposed new public or private streets, roads or alley, or
substantial improvements of existing public or private streets, roads or alleys. The
developer shall demonstrate that the land to be subdivided has access onto a legal street.
2. Access to Arterial. Discuss whether any of the individual lots or tracts have access
directly to arterial streets or roads, and if so, the reason access was not provided by
means of a street within the subdivision and how the access complies with j\\18.44.090,
BMC
3. Modification of Existing Streets, Roads or alleys. Explain any proposed closure or
modification of existing streets, roads or alleys.
4. Dust. Describe provisions considered for dust control on alleys.
5. Pollution and Erosion. Explain how street, road and alley maintenance will be provided
to meet the Department of Environmental Quality guideluies for prevention of water
pollution and erosion.
Ordinance # 1755: Effective February 20, 2009 page 78-8
C. Traffic Generation. Discuss how much daily traffic will be generated on existing local
and neighborhood streets, roads and alleys, when the subdivision is fully developed, and
provide the following information.
a. "1'he report format shall be as follows:
(1) Trip generation, using the Institute of Transportation Enguieers Trip
Generation Manual;
(2) Trip distribution;
(3) Traffic assignment;
(4) Capacity analysis;
(5) Evaluation; and
(6) Recommended access plan, including access points, modifications and
any mitigation techniques.
b. The. report shall include the following information:
(1) Land use and trip generation in the form of a table of each type of land
use, the number of units or square footage, as appropriate, the trip rates
used (daily and peak) and resulting trip generation.
(2) Traffic graphics, which show:
(a) aM peak hour site traffic;
(b) PM peak hour site traffic;
(c) aM peak hour total traffic;
(d) PM peak hour total traffic;
(e) Total daily traffic (with site generated traffic shown separately).
(3) aM and PM capacity analysis with an AM and PM peak hour capacity
analysis provided for:
(a) all major drive accesses that intersect collector or arterial streets
or roads; and
(b) All arterial-arterial, collector-collector and arterial-collector
intersections withuz one mile of the site, or as required by the
City Engineer during the pre-application review, concept plan
review, or informal project review.
7. Ca aci ~. Indicate the levels of sen~ice (before and after development) of existing and
proposed streets and roads, including appropriate intersections, to safely handle an}'
increased traffic. Describe any anticipated increased maintenance that will be necessary
due to increased traffic and ~vho will pay the cost of maintenance.
8. Bicycle and Pedestrian Pathways, Lanes and Routes. Describe bicycle and pedestrian
pathways, lanes or routes to be developed with the development.
9. Traffic Cahnuie. Detailed drawings of any proposed traffic calming installations,
includu7g locations and turning radius templates.
M. Utilities. The developer shall submit a copy of the subdivision plat to all relevant utility
companies. With the preliminary plat, the developer shall provide written documentation of the
following:
1. affected Utilities. Indicate which affected utilities the subdivision plat has been
submitted to for review, and include a cop}~ of responses.
Ordinance # 1755: Effective )~ebruaiy 20, 2009 page 78-9
2. Include a Description of.
a. The method of furnishing electric, natural gas, cable 'I'V, Internet or telephone
service, where provided.
b. Estimated timing of each utilit~~ uistallation.
c. The deg=eloper shall provide a written statement from the utilit~~ companies that
the proposed subdivision can be provided with service.
N. Educational Facilities. With the preliminary plat, provide a written statement from the
administrator of the appropriate school system indicating whether the increased enrollment can
be accommodated by the present personnel and facilities and by the existing school bus system.
O. Land Use.
1. Indicate the proposed use(s) and number of lots or spaces in each:
a. Residential area, single-household;
b. Residential area, multiple-household. Types of multiple-household structures
and numbers of each (e.g., duplex, four-plex);
c. Planned unit development (number of units);
d. Condominium (number of units);
e. Manufactured housing communit~~ (number of unts);
£ Recreational vehicle park;
g. Commercial or industrial; and
h. Other (please describe).
P. Parks and Recreation Facilities. The following information shall be provided for all land used to
meet parklan d dedication requirements:
1. Park plan, including:
a. Site plan for the entire property; showing developer installed improvements on
the initial park plan and proposed future impro~=ements on the future park plan;
b. Drainage areas;
c. Utilities in and adjacent to the properr5~;
d. The zoning and ownership for adjacent properties;
e. The location of any critical lands (wetlands, riparian areas, streams, etc.) and
location of watercourse setbacks;
f. Park landscaping plan, prepared by a qualified landscape professional in
accordance with X18.78.100, showing the location and specific types and species
of plants, shrubs, trees as well as grass seed mixes;
g. General description of land, including size, terrain, details of location and histoi-~~,
and proposed activities;
h. Trail design and construction showing compliance with adopted CitS~ standards
and trail classifications;
i. The requirement for approval of the final park plan by the Cit)~ Commission with
a recommendation from the Bozeman Recreation and Parks advisory Board
prior to an}~ site work;
j. The requirement for a preconstruction meeting prior to any site work;
Orduiance # 1755: Effective Februar}~ 20, 2009 page 78-10
j. Appropriate sections from the "Design Guidelines for Cite of Bozeman
Parks ";
k. Cost estimate and installation responsibility for all improvements;
1. If playground equipment will be provided, information includuig the
manufacturer, installation data and specifications, installer, type of fall zone
surfacing and age group intended for use shall be provided; and
m. Soils information and analysis.
Q
R.
2. Park Maintenance.
a. Maintenance information, including levels of maintenance, a maintenance
schedule, and responsible parties;
b. Weed control plan, including responsible parties; and
c. Plan for garbage collection, snow removal and leaf removal including responsible
parties.
3. Irrigation Information.
a. An irrigation system map generally showing the locations and types of lines,
including depth, water source, heads, electric valves, quick couplers, drawls and
. control box; and
b. If a well will be used for irrigation, a certified well log shall be submitted showing
depth of well, gpm, pump type and size, voltage, water rights, etc.
4. Phasic. If improvements will be phased, a phasing plan shall be provided including
proposed financing methods and responsibilities.
Neighborhood Center Plan. A neighborhood center plan shall be prepared and submitted for all
subdivisions containing a neighborhood center.
Lightnng Plan. The following subdivision lighting information shall be submitted for all new
subdivisions:
1. For subdivision applications where lighting is required or proposed, lighting plans shall
be submitted to the City for review and approval, and shall include:
a. Isofootcandle plots for individual fixture installations, and 10 foot by 10 foot
illuminance-grid plots for multi-fixture installations, which demonstrate
compliance with the intensit}~ and uniformity requirements as set forth i7 this
ordinance.
c. Description of the proposed equipment, including fixture manufacturer's
cutsheets, photometrics, glare reduction devices, lamps, on/off control devices,
mounting heights, pole foundation details and mounting methods.
d. The lighting plan shall be prepared, and certified for compliance with the City's
design requirements and illumination standards, by a qualified lighting
professional. Qualified lighting professionals include electrical engineers,
architects, lighting designers and manufacturers representatives.
e. Lighting calculations shall include only the illuminated areas; areas occupied by
buildings or other non-lighted areas shall be excluded from calculations.
2. When requested by the Cit}' of Bozeman, the applicant shall also submit avisual-impact
plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site
glare and to retain the City's character.
Ordinance # 1755: Effective Februai~~ 20, 2009
page 78-11
3. Post-approval alterations to lighting plans or intended substitutions for approved lighting
shall only be made after Cite of Bozeman review and approval.
S. Miscellaneous.
1. Public Lands. Describe how the subdivision will affect access to any public lands.
Where public lands are adjacent to or within 200 feet of the proposed development,
describe present and anticipated uses for those lands (e.g., open space, recreation, etc.),
and how public access will be preserved/enhanced.
2. Hazards. Describe an}' health or safety hazards on or near the subdivision, such as
mining activity or potential subsidence, high pressure gas lines, dilapidated structures or
high voltage power lines. Any such conditions should be accurately described and their
origin and location identified. List any provisions that will be made to mitigate these
hazards. Also describe any on-site or off-site land uses creating a nuisance.
T. Affordable Housing: Describe how the subdivision will satisfy the requirements of Title 17
Chapter 2, BMC. The description shall be of adequate detail to clearly identify those lots
designated as subject to Title 17, Chapter 2, BMC compliance requirements and to make the
obligations placed on the affected lots readily understandable.
1. On all lots intended to be used to satisfy the requirements of Chapter 17.02, BMC the
allowable building envelope shall be depicted.
18.78.070 FINAL PLAT
A final subdivision plat may not be approved by the City Commission unless all certificates, with the
exception of the Director of Public Sen~ice and the County Clerk and Recorder, have been complied
with, signed and notarized and all subdivision regulations and conditions of preliminary plat approval
have been met. A final subdivision plat may not be filed with the County Clerk and Recorder unless all
certificates, with the exception of the CountS~ Clerk and Recorder, have been complied with, signed and
notarized. This shall include the Certification by the County Treasurer that no real propert}~ taxes and
special assessments assessed and levied on the land to be subdivided are delinquent.
A. A final subdivision plat may not be approved by the City Commission or filed by the County
Clerk and Recorder unless it complies with the uniform standards for final subdivision plats
08.94.3003, ARM).
B. A letter from the City Engineer shall be submitted to the Planning Department with the final
plat application, where applicable, certifying that the following documents have been received:
1. As-built drawings, i.e., copies of fu1a1 plans, profiles, grades and specifications for public
unpro~Tements, including a complete gradiig and drainage plan.
2. Copy of the state highway access or encroachment permit v~~here a street created b}' the
plat will intersect with a state highway.
C. Noxious Weed MOL. Prior to final plat approval, a memorandum of understanding shall be
entered into by the Weed Control District and the developer. The memorandum of
understanding shall be signed by the district and the developer prior to final plat approval, and a
copy of the signed document shall be submitted to the Planning Department with the
application for final plat approval.
D. Fuial Park Plan. For all land used to meet parkland dedication requirements, a final park plan
shall be submitted to the Cit}~ of Bozeman for review and approval prior to final plat. The
installation of an}' park improvements to meet minimum development standards or conditions
of approval shall comply with Chapter 18.74, BMC. The final park plan shall be reviewed and
approved by the City Commission, with a recommendation from the Bozeman Recreation and
Ordinance # 1755: Effective February 20, 2009 page 78-12
Parks Advisory Board. The final park plan shall include all of the information listed in
~18.78.060.P of this chapter.
E. Irrigation System As-Builts. The developer shall provide irrigation system as-builts, for all
irrigation installed in public rights-of-wa}~ and/or land used to meet parkland dedication
requirements, once the irrigation system is installed. The as-builts shall include the exact
locations and t}'pe of lines, including accurate depth, water source, heads, electric vah=es, quick
couplers, drains and control box.
F. affordable Housing. The developer shall provide a description of how the subdivision has
complied with Title 17 Chapter 2, BMC. The description shall be of adequate detail to clearly
identify those lots designated as subject to Title 17, Chapter 2, BMC compliance requirements
and to make the obligations placed on the affected lots readily understandable.
18.78.080 SITE PLAN SUBMITTAL REQUIREMENTS
applications for all site plan approvals shall be submitted to the Planning Department on forms
provided by the Planning Director. The site plan application shall be accompaiued by the appropriate
fee and development plans showing sufficient information for the approval authorit}~ to determine
whether the proposed development will meet the development requirements of the Cit}'.
A. General Information.
1. Complete, signed application including the following:
a. Name of project/development;
b. Location of project/development by street address and legal description;
c. Name and mailing address of developer and owner;
d. Name and mailing address of engineer/architect, landscape architect and/or
planner;
e. Listing of specific land uses being proposed; and
f. a statement signed by the owner of the proposed development of their intent to
comply with the requirements of the Bozeman Municipal Code and any
conditions considered necessary by the approval body;
2. Location map, including area within one-half mile of the site;
3. List of names and addresses of property owners according to Chapter 18.76, BMC;
4. For all developments, excluding sketch and reuse/further development, a construction
route map shall be provided showing how materials and hea«~ equipment will travel to
and from the site. The route shall avoid, where possible, local or minor collector streets
or streets «=here construction traffic would disrupt neighborhood residential character or
pose a threat to public health and safety=.
B. Site Plan Information. The following uiformation is required whenever the requested
information pertains to zoning or other regulatorS~ requirements of this title, existing conditions
on-site or conditions on-site wluch would result from the proposed development:
1. Boundai-}~ line of property with dimensions;
2. Date of plan preparation and changes;
3. North point indicator;
4. Suggested scale of 1 inch to 20 feet, but not less than l inch to 100 feet;
5. Parcel(s) and site coverage information:
a. Parcel size(s) in gross acres and square feet;
Ordinance # 1755: Effective Februat-}~ 20, 2009 page 78-13
b. Estimated total floor area and estimated ratio of floor area to lot size (floor area
ratio, FAR), with a breakdown by land use; and
c. Location, percentage of parcel(s) and total site, and square footage for the
following:
(1) Existing and proposed buildings and structures;
(2) Driveway and parking;
(3) Open space and/or landscaped area, recreational use areas, public and
semipublic land, parks, school sites, etc.; and
(4) Public street right-of--way;
6. Total number, type and density per type of dwelling units, and total net and gross
residential density and density per residential parcel;
7. Location, identification and dimension of the following existing and proposed data, on-
site and to a distance of 100 feet (200 feet for PLDs) outside site plan boundary,
exclusive of public rights-of-way, unless otherwise stated:
a. Topographic contours at a minimum inten~al of 2 feet, or as determined by the
Planning Director;
b. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites
adjacent to major arterial streets where the distances shall be 200 feet;
c. On-site streets and rights-of--way;
d. Ingress and egress points;
e. Traffic flow on-site;
£ Traffic flow off-site;
g. Utilities and utility rights-of-way or easements:
(1) Electric;
(2) Natural gas;
(3) Telephone, cable TV, and similar utilities;
(4) Water; and
(5) Sewer (sanitary, treated effluent and storm);
h. Surface water, including:
(1) Holding ponds, streams and irrigation ditches;
(2) Watercourses, water bodies and wetlands;
(3) Floodplains as designated on the Federal Insurance Rate Map or that may
otherwise be identified as lying within a 100-year floodplai~ through
additional floodplain delineation, engineering analysis, topographic
sur-~Tey or other objective and factual basis; and
(4) A floodplain analysis report in compliance with Chapter 18.58 of this title
if not previously provided with subdivision revie«~,
i. Grading and drainage plan, including provisions for on-site retention/detention
and water quality improvement facilities as required by the Engineering
Department, or in compliance with any adopted storm drainage ordinance or
best management practices manual adopted by the City;
(1) .ill drainageways, streets, arroyos, dr5~ gullies, diversion ditches, spillways,
resen~oirs, etc. which may be incorporated 'unto the storm drainage
system for the property shall be designated:
(a) The name of the drainageway (where appropriate);
Ordinance # 1755: Effective February 20, 2009 page 78-14
(b) The downstream conditions (developed, available drainageways,
etc.); and
(c) ran}~ downstream restrictions;
j. Significant rock outcroppings, slopes of greater than 15 percent or other
significant topographic features;
k. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including
typical details and interrelationships with vehicular circulation system, indicating
proposed treatment of points of conflict, a statement requiring lot accesses to be
built to the standard contained in this section, the City of Bozeman Design
Standards and Specifications Policy, and the City of Bozeman Modifications to
Montana Public Works Standard Specifications;
1. Provision for handicapped accessibility, including but not limited to, wheelchair
ramps, parking spaces, handrails and curb cuts, including construction details and
the applicant's certification of ~Dr~ compliance;
m. Fences and walls, including typical.details;
n. Exterior signs;
o. Exterior refuse collection areas, including t}rpical details;
p. r~ site plan, complete with all structures, parking spaces, building entrances,
traffic areas (both vehicular and pedestrian), vegetation that might interfere with
lighting, and adjacent uses, containing a layout of all proposed fixtures by
location and type. The materials required in 518.78.060.8, BMC, if not
previously provided;
q. Curb, asphalt section and drive approach construction details;
r. Landscapiig (detailed plan showing plantings, equipment, and other appropriate
information as required in 518.78.100, BMC);
s. Unique natural features, significant wildlife areas and vegetative cover, including
existing trees and shrubs having a diameter greater than 2.5 inches, by species;
t. Snow storage areas;
u. Location of City limit boundaries, and boundaries of Gallatin Counti~'s Bozeman
area 7oiung jurisdiction, within or near the development;
v. Existing zoning within 200 feet of the site;
w. Historic, cultural and archeological resources, describe and map any designated
historic structures or districts, and archeological or cultural sites; and
x. Major public facilities, including schools, parks, trails, etc.;
8. Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle
racks, compact spaces, handicapped spaces and motorcycle parking, on-street parking,
number of employee and non-employee parking spaces, existing and proposed, and total
square footage of each;
9. The information required by 518.78.060 L., BMC, subject to the following exceptions:
a. Such information was previously provided through a subdivision review process;
or
b. The provision of such information was waived in writing by the Ciry Engineer
during subdi~Tision review of the land to be developed; or
Ordinance # 1755: Effective February 20, 2009 page 78-15
c. The provision of such information is waived in writing by the City Engineer
prior to submittal of a preliminary site plan application; or
d. The application for site plan approval involves the redevelopment of property
located withui the City's established Neighborhood Conservation Overla}'
District. In such cases, the City may require the property owner to sign a Waiver
of Right to Protest Creation of a Special Improvement District, or other form of
agreement, assuring participation, on a fair share, pro-rata basis, in future
improvements to intersections in the vicinity of the development proposal; or
e. The application for site plan approval involves the adaptive reuse of an existing
building, regardless of its location within the City, or the redevelopment of a
property located within one of the City's Urban Renewal Districts. In cases
where an existing building or complex of buildings is to he torn down and
replaced with a larger building or complex of buildings, the Ciry Engineer may
require the information described in Section 18.78.060 L. to evaluate the
additional traffic impacts resulting from development of the larger building or
complex of buildings.
10. Building design information (on-site):
a. Building heights and elevations of all exterior walls of the building(s) or
structure (s);
b. Height above mean sea level of the elevation of the lowest floor and location of
lot outfall when the structure is proposed to be located in a floodway or
floodplain area;
c. Floor plans depicting location and dimensions of all proposed uses and acti~rities;
and
d. All onsite utilities and mechanical equipment;
11. Description and mapping of soils existing on the site, accompanied b}' analysis as to the
suitability of such soils for the intended construction and proposed landscaping;
12. Temporary facilities plan showing the location of all temporary model homes, sales
offices and/or construction facilities, including temporary signs and parking facilities;
13. Unless already provided through a previous subdivision review, a noxious weed control
plan complying with X18.78.050, BMC; and
14. Drafts of applicable supplementary documents as set forth u~ Chapter 18.72 of this title.
15. The information necessary to complete the determination of density change and
parkland provision required by ~18.50.020.B, BMC, unless such information was
previously determined by the City to be inapplicable and written confirmation is
provided to the applicant prior to submittal of a preliminary site plan application. If a
new park will be created by the development the park plan materials of §18.78.060.P,
BMC shall be provided.
16. affordable Housing. Describe how the site plan will satisfy any requirements of '1 itle 17
Chapter 2, BMC which have either been established for that lot(s) through the
subdivision process or if no subdivision has previously occurred are applicable to a site
plan. The description shall be of adequate detail to clearly identify those lots and
dwellings designated as subject to Title 17, Chapter 2, BMC compliance requirements
and to make the obligations placed on the affected lots and dwellings readily
understandable.
Ordinance # 1755: Effective February 20, 2009 page 78-16
18.78.090 CERTIFICATES OF APPROPRIATENESS - ADDITIONAL APPLICATION
REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA
A. Submittal Requirements for Certificates of Appropriateness. All development proposals
requiring certificates of appropriateness (i.e. located in a neighborhood conservation or entr}~yay
corridor overly}' districts) shall submit the following information in addition to any sketch plan,
site plan or special development submittal requirements for the proposal:
1. Neighborhood Conservation Overlay District. Certain information shall be provided to
the appropriate review authority to review prior to granting or denying a certificate of
appropriateness. The extent of documentation to be submitted on any project shall be
dictated by the scope of the planned alteration and the information reasonably necessan-~~
for the appropriate review authority to make its determination. At a minimum, the
following items shall be included in the submission:
a. Completed application on form provided by the Planning Department;
b. One current picture of each elevation of each structure planned to be altered and
such additional pictures of the specific elements of the structure or property to
be altered that will clearly express the nature and extent of change planned.
Except when otherwise recommended, no more than eight pictures should be
submitted and all pictures shall be mounted on letter-size sheets and clearly
annotated with the property address, elevation direction (N, S, E, V~ and
relevant information;
c. Sketch plan or site plan information, as per X18.34.050 or §18.34.060, BMC;
d. Historical information, including available data such as pictures, plans,
authenticated verbal records and similar research documentation that may be
relevant to the planned alteration;
e. Materials and color schemes to be used;
f. Plans, sketches, pictures, specifications and other data that will clearly express the
applicant's proposed alterations;
g. .-~ schedule of planned actions that will lead to the completed alterations;
h. Such other information as may be suggested by the Planning Department;
i. It is further suggested that the applicant seek comments from the neighborhood
or area; and
j. Description of any applicant-requested deviation(s) and a narrative explanation
as to how the requested deviation(s) will encourage restoration and rehabilitation
activity that will contribute to the overall historic character of the communit)~.
2. Entryway Overlay District.
a. Depending on the complexity of development, either sketch plans or site plans
will be required as specified in this chapter.
b. If the proposal includes an application for a deviation as outlined in (18.66.050,
BMC, the application for deviation shall be accompanied by written and graphic
material sufficient to illustrate the conditions that the modified standards will
produce, so as to enable the City Commission to make the determination that the
deviation will produce an environment, landscape quality and character superior
to that produced by the existing standards, and will be consistent with the intent
and purpose of Chapter 18.30, BMC.
Orduiance # 1755: Effective Februai-}~ 20, 2009 page 78-17
18.78.100 SUBMITTAL REQUIREMENTS FOR LANDSCAPE PLANS
A These landscape regulations apply to a lot or site subject to plan review and approval outlined ii
Chapter 18.34, BMC, a separate landscape plan shall be submitted as part of the site plan
application unless the required landscape information can be included in a clear and uncluttered
manner on a site plan with a scale where 1 inch equals 20 feet.
B. Landscape Plan Format. The landscape plan submittal shall include:
1. Suggested scale of 1 inch equals 20 feet but not less than 1 inch equals 100 feet; and
2. Standard drawing sheet of a size not to exceed 24- by 36-inches. ~ plan which cannot
be drawn entirely on a 24- by 36-inch sheet must be drawn on two or more sheets, with
match lines.
C. Preparation of Landscape Plan. Landscape plans shall be prepared and certified by:
1. A registered Montana landscape architect;
2. An individual with a degree in landscape design and tVVO }ears of professional design
experience in Montana; or
3. An individual with a degree in a related field (such as horticulture, botany, plant science,
etc.) and at least five years of professional landscape design experience, of which two
years have been in Montana.
D. Contents of Landsc~e Plan. A landscape plan required pursuant to this title shall contain the
following information:
1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the
property owner and the person preparing the plan;
2. Location of existing boundai-}~ lines and dimensions of the lot;
3. Approximate centerlines of existing watercourses, requi~ed watercourse setbacks, and the
location of any 100-year floodplain; the approximate location of significant drainage
features; and the location and size of existing and proposed streets and alleys, utility
easements, utility lines, driveways and sidewalks on the lot and/or adjacent to the lot.
4. Project name, street address, and lot and block description;
5. Location, height and material of proposed screening and fencing (with berms to be
delineated by one foot contours);
6. Locations and dimensions of proposed landscape buffer strips, including watercourse
buffer strips;
7. Complete landscape legend providing a description of plant materials shown on the plan,
including typical symbols, names (common and botanical name), locations, quantities,
contaiier or caliper sizes at i7stallation, heights, spread and spacing. The location and
type of all existing trees on the lot over 6 inches in caliper must be specifically i7dicated;
8. Complete illustration of landscaping and screening to be provided i~ or near off-street
parking and loading areas, including information as to the amount (in square feet) of
landscape area to be provided internal to parking areas and the number and location of
required off-street parking and loading spaces;
9. An indication of how existing healthy trees (if any) are to be retained and protected from
damage during construction;
10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and
water features;
11. .~ description of proposed watering methods;
Ordinance # 1755: Effective February 20, 2009 page 78-18
12. Location of street vision triangles on the lot (if applicable);
13. Tabulation of "points" earned by the plan (see X18.48.060 of this title);
14. Designated snow removal storage areas;
15. Location of pavement, curbs, sidewalks and gutters;
16. Show location of existing and/or proposed drauiage facilities which are to be used for
drainage control;
17. Existing and proposed grade;
18. Size of plantings at the time of installation and at maturit}~;
19. Areas to be irrigated;
20. Planting plan for watercourse buffers, per X18.42.100, BMC, if not previously provided
through subdivision review; and
21. Front and side elevations of buildings, fences and walls with height dimensions if not
otherwise provided by the application. Show open stairways and other projections fiom
exterior building walls.
18.78.110 SKETCH PLAN SUBMITTAL REQUIREMENTS
A sketch plan shall be drawn to scale and in sufficient detail to demonstrate compliance with the
requirements of this title. Sketch plans shall be oriented with north at the top of the page and shall also
show site boundaries, street and alley frontages with names, and location of all structures with distances
to the nearest foot between buildings and from buildings to propert}~ lines.
18.78.120 PLANNED UNIT DEVELOPMENT SUBMITTAL REQUIREMENTS
The following material shall be submitted for review with each planned unit development.
A. Submittal Requirements for Pre-applications. The following information and data shall be
submitted for pre-application review. The number of copies required shall be determined by the
Planning Department:
1. Data regarding site conditions, land characteristics, available communit}~ facilities and
utilities and other related general information about adjacent land uses and the uses of
land within one-half mile of the subject parcel of land;
2. Conceptual (sketch) drawing showing the proposed location of the uses of land, major
streets and other significant features on the site and within one-half mile of the site; and
3. A computation table showuig the site's proposed land use allocations by location and as
a percent of total site area.
B. Submittal Requirements for Prelimuiary Plans. The following information and data shall be
submitted for prelimulan~ plan review. The number of copies required shall be determined by
the Planning Department:
1. Document Requirements. The following information shall be presented in an 8'/z- by 11-
inch vertically bound document. The document shall be bound so that it will open and
lie flat for reviewing and organized in the following order:
a. Application forms;
b. A list of names of all general and limited partners and/or officers and directors
of the corporation uivolved as either applicants or owners of the planned unit
development;
c. :~ statement of planning objectives, including:
Ordinance # 1755: Effective February 20, 2009 page 78-19
(1) Statement of applicable Cit}~ land use policies and objectives achieved by
the proposed plan and how it furthers the implementation of the
Bozeman growth policy;
(2) Statement of:
(a) Proposed ownership of open space areas; and
(b) Applicant's intentions with regard to future ownership of all or
portions of the planned unit development;
(3) Estimate of number of employees for business, commercial and
industrial uses;
(4) Description of rationale behind the assumptions and choices made b}' the
applicant;
(5) Where deviations from the requirements of this title are proposed, the
applicant shall submit evidence of successful completion of the
applicable community design objectives and criteria of X18.36.090, BMC.
The applicant shall submit written explanation for each of the applicable
objectives or criteria as to how the plan does or does not address the
objective or criterion. The Planning Director may require, or the
applicant may choose to submit, evidence that is beyond what is required
in that section. Any element of the proposal that varies from the criterion
shall be described;
(6) Detailed description of how conflicts between land uses of different
character are being avoided or mitigated; and
(7) Statement of design methods to reduce energy consumption, (e.g.,
home/business utilities, transportation fuel, waste recycling);
d. A development schedule indicating the approximate date when construction of
the planned unit development, or stages of the same, can be expected to begin
and be completed, including the proposed phasing of construction of public
improvements and recreational and common space areas;
e. One reduced version of all preliminary plan and supplemental plan maps and
graphic illustrations at 8'/z- by 11-inches or 11- by 17-inches size.
2. Site Plan Requirements. A site plan of the proposed development drawn at a scale of not
less than 1 inch equals 100 feet, composed of one or more sheets with an outer
dimension of 24- by 36-inches, showing the information required for site plans in
518.78.080, BMC plus the following additional information:
a. Notations of proposed ownership, public or private, should be uicluded where
appropriate;
b. The proposed treatment of the perimeter of the planned unit development,
including materials and techniques used, such as screening, fences, walls and
other landscaping; and
c. Attorney's or owner's certification of ownership.
3. Supplemental Plan Requirements.
a. Viewsheds.
(1) Looking onto and across the site fiom areas around the site, describe and
map the views and vistas from adjacent properties that may be blocked
or impaired by development of the site;
(2) Describe and map areas of high risibility on the site as seen from
adjacent off-site locations;
Ordinance # 1755: Effecti~Te Februai-}~ 20, 2009 page 78-20
b. Street Cross Sections if Different From Citv Standards. Street cross-section
schematics shall be submitted for each general category of street, including:
(1) The proposed width;
(2) Treatment of curbs and gutters, or other storm water control system if
other than curb and gutter is proposed;
(3) Sidewalk s}stems; and
(4) Bikeway systems, where alternatives to the design criteria and standards
of the City are proposed;
c. Physiographic data, including the following:
(1) A description of the hydrologic conditions of the site with analysis of
water table fluctuation and a statement of site suitability for intended
construction and proposed landscaping. The description of the
hydrologic conditions shall include depth to groundwater measurements
taken May 15th through September 15th;
(a) An alternative to the actual measurement of water table depth
may be offered provided that such alternative includes a detailed
soil profile, including a detailed description of the soil which
follows The National Cooperative Soil Suave}= Field Book for
describing soils and which provides good and sufficient evidence
to establish the presence and depth of a seasonal water table, a
land form position or location, or other Physiographic data
which are sufficient to establish the minimum depth to
groundwater. Some soils are not easily profiled to establish an
off-season high water table, such as those underlaui by sand or
gravel, those high in organic matter and those with a high lime
content. Physical monitoring of these types of soils may be
necessary;
(3) Locate and identify the ownership of existing wells or well sites within
400 feet of the site;
d. Preliminary Subdivision Plat If the project involves or requires platting, a
preluninary subdivision plat, subject to the requirements of this title relati~=e to
subdivisions, shall be submitted;
e. Traffic Impact Analysis. Not withstanding the waiver provisions of
518.78.080.8.9, BI\7C, at the discretion of the Cite Engineer, a traffic impact
analysis shall be prepared based upon the proposed development. The analysis
shall include provisions of the approved development guidelines, and shall
address impacts upon surrounding land uses. The Director of Public Ser~Tice may
require the traffic impact analysis to include the uiformation in 518.78.050.L,
BMC. If a traffic impact analysis has been submitted as part of a concurrent
subdivision re~Tiew, that analysis shall meet this requirement;
£ Additional Studies and Plans. If the development's compliance with the
commuiuty design objectives and criteria is under question, the City Commission
may require additional impact studies or other plans as deemed necessary for
providing thorough consideration of the proposed planned uiut development;
g. .~ proposed draft of a legal instrument containing the creation of a property
owner's association sufficient to meet the requirements of Q18.72.020, BI\IC shall
be subntted with the preliminary plan application.
Orduiance # 1755: Effective February 20, 2009 page 78-21
C. Submittal Requirements for Final Plans.
1. A completed and signed application form;
2. A list of names of all general and limited partners and/or officers and directors of the
corporation involved as either applicants or owners of the planned unit development;
3. Site Plan Submittal Requirements.
a. A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same
scale as the approved prelii7unary plan. If a different scale is requested or
required, a copy of the approved prelirrunaiy plan shall be submitted that has
been enlarged or reduced to equal the scale of the final plan. However, only the
scales permitted for the preluninary plans shall be permitted for final plans.
b. The final plan site plan shall show the following information:
(1) Land use data (same information as required on the preliminary site
plan);
(2) Lot lines, easements, public rights-of-way as per subdivision plat;
(3) Attorney's or owner's certification of ownership;
(4) Planning Director certification of approval of the site plan and its
conformance with the preliminary plan; and
(5) Owner's certification of acceptance of conditions and restrictions as set
forth on the site plan;
4. Supplemental Plans.
a. Final Landscape Plan. A final landscape plan consistent with the conditions and
restrictions of the approved preliminar}~ plan shall be submitted. It shall also be
consistent with the Chapter 18.48, BMC, except that any stated conditions and
restrictions of the preliminary plan approval shall supersede the provisions of
Chapter 18.48, BMC;
b. Final Subdivision Plat. An official final subdivision plat of the site must
accompany the final planned uiut development plan when applicable. Cih'
approval of the final subdivision plat shall be required before issuance of
building permits;
c. Fuial Uriliri~ Plans. Prior to submission of the final plan to the DRC and ADR
staff, engineering plans and specifications for sewer, water, street improvements
and other public improvements, and an executed improvements agreement in
proper form providing for the installation of such improvements, must be
submitted to and approved by the City; and
d. Open Space Maintenance Plan. A plan for the maintenance of open space,
meeting the requirements of X118.72.040, BMC, shall be submitted with an
application for final plan approval. Open space shown on the approved final
plan shall not be used for the construction of any structures not shown on the
final plan.
18.78.130 SUBMITTAL MATERIALS FOR REGULATED ACTIVITIES IN WETLANDS
The following information shall be submitted for all regulated activities proposed for regulated wetland
areas:
A. A description of the proposed activit}=;
B. A description of why avoidance and less damaguig alternatives have been rejected, if applicable;
Ordinance # 1755: Effective February 20, 2009 page 78-22
C. A site plan which shows the delineated wetland boundary, the property boundai~}~, all existing
and proposed structures and roads, watercourses and drainageways on the property;
D. The exact locations and specifications for all proposed regulated activities, and the direct and
indirect impact of such activities;
E. The source, type and method of transport and disposal of any fill material to be used, and
certification that the placement of fill material will not violate any applicable state or federal
statutes and regulations;
F. The names and addresses of all property owners within 200 feet of the subject property. The
names and addresses shall also be provided on self-adhesive mailing labels;
G. Copies of any Section 404 wetland permits already obtained for the site; and
H. A completed wetland review application supplement.
18.78.140 SUBMITTAL MATERIALS FOR APPEALS OF ADMINISTRATIVE PROJECT
DECISIONS
All appeals of Administrative Project Decisions shall include:
A. Name and address of the appellant;
B. The legal description and street address of the property involved in the appeal;
C. A description of the project that is the subject of the appeal;
D. Evidence that the appellant is an aggrieved person as defined in Chapter 18.80, BMC;
E. List of names and addresses of property owners within 150 feet of the site, using the last
declared county real estate tax records;
F. Stamped, unsealed envelopes addressed with names of above property owners;
G. Required appeal filing fee; and
H. The specific grounds and allegations for the appeal, and evidence necessary to support and
justify a decision other than as determuied by the Plannuig Director.
18.78.150 ADMINISTRATIVE INTERPRETATION APPEALS
All appeals of administrative interpretations shall include:
A. Name and address of the applicant;
B. The legal description and street address of the property, if any, involved in the appeal;
C. A description of the property, if any, that is the subject of the interpretation appeal including:
1. A site plan drawn to scale showing the property dimensions, grading, landscaping and
location of utilities, as applicable;
2. Location of all existing and proposed buildings; and
3. Drive accesses, drivewa~~s, access roads, parking spaces, off-street loading areas and
sidewalks as applicable;
D. The names and addresses of the owners of the property and any other persons having a legal
interest therein;
E. List of names and addresses of property owners within 150 feet of the site, usuig the last
declared county real estate tax records;
F. Stamped, unsealed envelopes addressed with names of the above property owners;
G. Required filing fee; and
Ordinance # 1755: Effective February 20, 2009 page 78-23
H. Evidence to prove that the decision or action of the official for which an appeal is made was
incorrect or in violation of the terms of this title.
18.78.160 SUBMITTAL MATERIALS FOR VARIANCES
rn application for a variance shall be accompanied by a development plan showing such information as
the Planning Director may reasonably require for purposes of this title. The plans shall contain sufficient
information for the Commission to make a proper decision on the matter. The request shall state the
exceptional physical conditions and the peculiar and practical difficulties claimed as a basis for a
variance. In all cases, the application shall include, and shall not be deemed filed until, all of the
following is submitted:
r~. Name and address of the applicant;
B. The legal description of the property involved in the request for variance, including the street
address, if any, of the propert~~;
C. The names and addresses of the owners of the property and any other persons having a legal
interest therein;
D. List of names and addresses of property owners within 150 hundred feet of the site, using the
last declared county real estate tax records;
E. Stamped, unsealed envelopes addressed with names of above propert~~ owners;
F. A site plan drawn to scale showing the property dimensions, grading, landscaping and location
of utilities, as applicable;
G. Location of all existing and proposed buildings;
H. Drive accesses, driveways, access roads, parking spaces, off-street loading areas and sidewalks as
applicable;
I. ~ clear description of the variance requested and the reasons for the request;
J. Justification, in writing of subsections 1, 2, 3 and, when applicable, 4 of ~18.66.060.C, BMC;
K. Evidence satisfactory to the Cite Commission of the abilit}- and intention of the applicant to
proceed with actual construction work in accordance with said plans within six months after
issuance of permit; and
L. Required filing fee.
18.78.170 SUBMITTAL MATERIALS FOR TELECOMMUNICATIONS
The following information shall be submitted for review of wireless facilities as applicable. Failure to
provide required materials will result in a determination that the application is incomplete and the
application will not be processed.
r~. Submittal Materials.
Table 78-2
Telecommunication Submittal Materials Micro- Small- Large-
scale scale scale
L 1~ detailed written description of how the applicant has complied oath, or will compl}• X X X
math, the a hcable standards of this title, es eciall • those of this cha ter;
2..~n accurate photo simulation of the site with the proposed facilit}' in place. The
simulation shall be to scale, and depict all plamied and expected antennae, including
collocation of other carriers, on the facilit\~. Landscaping wlvch is not existvig or proposed X X X
on the accompanying site plan shall not be included in the simulation unless it exists on
adjoinin ro erties;
3..~ statement of whether the proposed facilit}- is exempt or non-exempt from ',
environmental review under the Rules of the FCC; X X X
a. If the facili ~ is claimed to be exem t, a detailed ands ecific citation to the Rules of the
Ordinance # 1755: Effective February 20, 2009 page 78-24
Telecommunication Submittal Materials Micro- Small- Large-
scale scale scale
FCC indicating the section which details the relevant exemption provisions shall be
included. If the facilit}' is not exempt from environmental review, a copy of the
environmental review shall be provided with the application, and the approval from the
FCC for the site shall be provided to the Cit}~ of Bozeman prior to the final site plan
approval;
.AND
b. If the facilit}~ is claimed to be exempt from environmental review, a statement shall be
provided, under oath and notarized, that the proposed or existing facility does or will
comply unth FCC radio frequent}~ emission guidelines for both genera] population/
uncontrolled exposures and occupational/controlled exposures as defined in the FCC rules.
The provision of false information shall result in the immediate revocation of permits or
approvals granted upon the basis of the false information and the cessation of operation of
the offendin facilities;
4. \}Jhen the applicant is a wireless service provider, proof that the applicant is licensed by
the FCC to provide the wireless communication services that the proposed facility is X X X
desi ed to su ort, or that licensui b ~ the FCC is not re aired;
5.:~ report providing a description of the large scale wireless facilit}' with technical reasons
and justification for its desi nand lacement; X
6..~ description of the maximum capacit}' of the large scale wireless facility as proposed and
how the facili ~ can be retrofitted or modified to accommodate than user needs; X
7. Documentation establishing the structural integrit}~ for the large scale wireless facilit}''s
proposed use including documented loading calculations for wind, snow and seismic forces
under circumstances of maximum capacit}' loading prepared by a professional structural
engineer licensed to practice in the State of Montana. Loading criteria shall be those set X
forth in the edition of the International Builduig Code most recently adopted by the Cit} ;
and
8..1 statement of how the collocation requirements of Section 18.54.040.B, B~1C, shall be
met. X
B. In addition to the materials required above, for all large scale wireless facilities 50 feet or greater
in height, the applicant shall submit:
1. Propagation studies for the users of the proposed facilit}', including existing ser~Tice
coverage maps and whether the placement of the new site will require relocations of
existing facilities, or a description of how and why the proposed site and facility size is
requited to provide sernice that is otherwise unavailable or substantially inadequate or is
required for the introduction of a new service;
2. ~~ statement of intent of how co-location on the facility will be addressed;
3. r1 statement of willingness to allow co-location at reasonable and customary rates b}' all
technically feasible providers up to the structural capacity of the tower;
4. r1n im~entoiy of all surrounding buildings or other structures greater than 50 feet ui
height within a radius of one mile of the proposed location with a listing of height and
suitabilit}' for hosting the proposed users of the large scale wireless facilitti~;
5. rn applicant shall demonstrate in writing that there are no available openings on existing
facilities which are feasible and that a new structure is necessary. Such demonstration
shall address the criteria in j 18.54.040.B, BMC;
C. :-~ detailed explanation of hour the large scale wireless facility will be maintained and how
the maintenance and operations of the large scale wireless facilit}' will be transferred to a
third part}' should the applicant no longer retain ownership. Unless otherwise approved
by the Cit}', the responsibilin~ of maintenance and operations shall transfer to the owner
of the underlying propert}~;
Orduiance # 1755: Effecrive February 20, 2009 page 78-25
7. An explanation of how the applicant will provide a financial securit}~ for the removal of
the large scale wireless facility in the event that it no longer serves telecommunications
carriers. The financial guarantee shall be 150 percent of the estimated cost of facility
removal and must be acceptable to the Cit}'; and
8. A large scale wireless facility may be reviewed as a multiple phase project and be
constructed over time as provided for in 518.54.040.B, BMC. rn applicant intending to
construct a new large scale wireless facility shall provide letters of intent adequate to
meet the requirements for leases set forth in ~18.54.040.B, BMC.
Ordinance # 1755: Effective February 20, 2009 page 78-26
CHAPTER 18.80
DEFINITIONS
18.80.010 DEFINITION OF TERMS AND INTERPRETATION OF LANGUAGE
A. All words in this title shall be first defined as provided in this chapter and, if not defined herein,
shall be defu7ed as in the latest edition of `The Illustrated Book of Development Definitions' by
Haney S. Moskowitz and Carl G. Lindbloom, and if not defined in `The Illustrated Book of
Development Definitions', shall have their customary dictionary defiiutions.
B. Words used in the present tense include the future tense; words used in the singular include the
plural, and words used in the plural include the singular; the word "shall" is always mandatoi-}~,
the word "person" includes a fu-m, association, organization, partnership, trust, corporation or
company, as well as an individual; the word "lot" includes the words "plot" or "parcel"; the
word "building" includes the word "structure"; the words "used" or "occupied," as applied to
any land or building, shall be construed to include the word "intended, arranged, or designed to
be used or occupied'; the words "map" or "zoning map" mean the zoning map(s) of the City
that delineate the area to be governed by these regulations.
C. For the purposes of this title certain words and terms used herein are defined as follows:
18.80.020 ACCESS OR ACCESS WAY
The place, means or way by which pedestrians and vehicles shall have adequate and usable ingress and
egress to property or use as required by this title.
18.80.030 ACCESSORY BUILDING OR USE
A subordinate building, or portion of the principal building, located on the same lot as the principal
building, or a subordinate use of land, either of which is customarily incidental to the principal building
or to the principal use of land. Where part of an accessory building is connected to part of the principal
building by a common wall, such accessoi-}~ building shall be counted as part of the principal building.
Individual public utility installations above ground are considered accessory buildings.
18.80.035 ADAPTIVE REUSE
The development of a new use for an older building or for a building originally designed for a special or
specific purpose.
18.80.040 ADMINISTRATIVE DESIGN REVIEW (ADR) STAFF
Certain members of the planning staff charged with the design review, as defined in this chapter, of
certain plans and proposals as specified i1 this title. The organization, composition and procedures of
the admiiustrative design review staff are subject to the requirements of Chapter 18.62, BMC.
18.80.050 ADULT BUSINESS
An establishment which advertises, trades, exchanges, transfers, sells, presents, shows, offers or exhibits
materials, activities, reproductions, likenesses, services and/or objects defined as obscene by X545-8-
201(2), MCA. Adult business as defined in this section shall include, but need not be limited to, adult
bookstores, adult motion picture theaters, rap studios, massage parlors, exotic dance studios, nude art
studios, nude photographic studios and nude body paintiig studios.
18.80.060 AFFORDABLE HOUSING
Housing for persons earning less than 65 percent of the area's annual median income for rental housing
and 100 percent of the area's annual median income for purchased housing. Further, affordable housing
Ordinance # 1755: 1/ffective Februai~~ 20, 2009. page 80-1
does not require greater than 30 percent of the household gross annual median income for housing.
Annual median income is defined by the Department of 1~ousing and Urban Development. Affordable
housing is subject to the City's affordable housing policy.
18.80.070 AGGRIEVED PERSON
A person, as defined in this chapter, who has a specific, personal and legal interest in the final decision
of an agency, board or commission, as distinguished from a general interest such as is the concern of all
members of the community, and which interest would be specifically and personally prejudiced by the
decision or benefited by its reversal.
18.80.080 AGRICULTURAL ACTIVITY
The cultivation or tilling of soil for the purpose of producing vegetative materials for sale or for use in a
commercial operation and/or the raising or tending of animals for commercial sale or use. Agriculture
does not include gardening for personal use, keeping of house pets or landscaping for aesthetic
purposes.
18.80.090 AGRICULTURAL WATER USER FACILITY
Those facilities, which include but are not limited to ditches, pipes, and other water conveying facilities,
which provide water for irrigation and stock watering on agricultural lands, with said lands being defined
in X15.7.202, MCA.
18.80.100 ALLEY
A permanent public thoroughfare providing a secondary means of access to abutting lands.
18.80.110 ALIQUOT PART
An equal division of a government section in quarters as described by the `Manual for the Survey of the
Public Lands of the United States.'
18.80.120 ALTERATION
Any act or process, except repair and light construction as defined herein, that changes one or more of
the architectural features of a structure or site, including, but not limited to, the erection, construction,
reconstruction, relocation of, or addition to a structure. The term alteration may apply to any act or
process that changes the interior architectural features of that portion of a public or private propert}'
commonly frequented by the general public, provided said public or private propert}~ is located within a
designated historic district or listed individually on the National Register of Historic Places. However,
changes upon interior elements of private residences, regardless of their location or historic status, shall
not be considered alterations as defined in this section. Alteration further means any change or addition
to a structure within a floodplain that either increases its exterior dimensions or increases its potential
flood hazard.
18.80.130 ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical treatment and are cared for during the time
of such treatment. Outside pens, kennels or runs are not permitted as part of an animal hospital
operation. Short term interior boarding is permitted.
18.80.140 ANTENNA
One or more rods, panels, discs or similar devices used for the transmission or reception of radio
frequency signals, which may include omnidirectional antenna (rod), directional antenna (panel) and
parabolic antenna (disc).
Ordinance # 1755: Effective February 20, 2009. page 80-2
18.80.150 APARTMENT
A habitable room or suite of two or more habitable rooms meetu7g the requirements of the Cit}~'s
adopted International Building Code, located in an apartment building or used for residential purposes
in nonresidential buildings located within nonresidential districts, as specified in this title. Efficiency
units shall qualif}~ as an apartment under this definition.
18.80.160 APARTMENT BUILDING
A building other than a hotel or motel containing five or more dwelling units.
18.80.170 APPELLANT
An aggrieved person who has appealed the decision of an agency, board or commission to another body
designated herein by the filing of a notice of appeal
18.80.180 APPLICANT
The person(s) who, or organization which, submitted the application to the agency, board or
commission for approval, or the person(s) who, or organization which, submitted the application to the
agency, board or commission whose decision has been appealed.
18.80.190 ARCHITECTURAL APPEARANCE
The architectural character and general composition of a structure, including but not limited to, the kuid
and texture of the building's materials and the t}rpe, design and character of all windows, doors, light
fixtures, signs and appurtenant exterior elements; and, interior architectural detail including, but not
limited to, floors, fixtures, hardware, ornamentation and other elements that contribute to the builduig's
architectural or historical significance.
18.80.200 AREA OF SPECIAL FLOOD HAZARD
'The land in the floodplain within the community subject to inundation by a one percent or greater
chance of flooding in any given year, i.e., the 100-year floodplain.
18.80.210 AREA OF SIGNS
The area of a sign that shall be computed by enclosing the entire area within any type of perimeter or
border which ma}' enclose the outer limits of any writing, representation, emblem, figure or character
together with any other material or color forming an integral part of the display or used to differentiate
such sign from a building on which it is placed. The area of a sign having no such perimeter shall be
computed b}' enclosing the entire area within parallelograms, triangles, or circles in a size sufficient to
cover the entire area of the sign copy and computing the size of such area. In the case of a two-sided
sign, the area shall be computed as including only the maximum single display surface which is visible
from any ground position at one time. If the angle bettiveen the two sign faces is greater than 45 degrees,
the sign area will be the sum of the areas of the hvo faces. The supports or uprights on which any sign is
supported should not be included in determining the sign area unless such supports or uprights are
designed in such a manner as to form an integral background of the sign. In the case of any spherical,
coiucal, or cylindrical sign, one-half of the total surface area shall be computed as the area of the sign.
18.80.220 ARTIFICIAL LOT
An area within a legally existing lot that is delineated by the Planiung Director for the sole purpose of
satisfying the landscaping requu-ements of this title.
18.80.230 ARTIFICIAL OBSTRUCTION -DEVELOPMENT
Any obstruction which is not natural and includes any dam, diversion, wall, bank stabilization method,
embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge,
Ordinance # 1755: Effective Februai-y~ 20, 2009. page 80-3
conduit, culvert, building, refuse, automobile bod}'> fill or other analogous structure or matter in, along,
across or projecting into any 100-year floodplain which may impede, retard or alter the pattern of flow
of water, either in itself or by catching or collecting debris carried by the water, or that is placed where
the natural flow of water would carry the same downstream to the damage or detriment of either life or
property.
18.80.240 ARTS CENTER AND/OR ENTERTAINMENT CENTER
A structure or facility for the presentation of the performing arts, includuig indoor motion picture
theaters; theaters for live performances; indoor concert halls; studios for arts education, such as dance or
painting. Also includes entertainment activities such as arcades; bowling alleys or pool halls. Arts and
entertainment center does not include any business meeting the definition of adult business as defined
by this title.
18.18.245 ATTACHED STRUCTURE
A building sharing with one or more other buildings a common wall(s) for not less than five feet.
18.80.250 AUTOMOBILE FUEL SALES OR REPAIR
The use of a site for the dv-ect sale of fuel to the end user, or for the repair of automobiles,
noncommercial trucks, motorcycles, motorhomes, recreational vehicles or boats. This includes the sale
and on-site installation of parts, wheel and brake shops, body and fender shops, and similar repair and
service activities, but excludes dismantling or salvage.
18.80.260 AUTOMOBILE REDUCTION YARD
Any area of land where two or more motor vehicles not in running condition and/or two or more
unlicensed motor vehicles, or parts thereof, are stored in the open and are not being restored to
operation; or any land, building or structure used for the wrecking, dismantling, storage or abandonment
of motor vehicles or parts thereof.
18.80.270 AUTO SALVAGE YARD
A junkyard primarily containing inoperable vehicles for purposes of being dismantled and sold as parts.
18.80.280 AUTOMOBILE WASHING ESTABLISHMENT
A building which has its primai-}~ purpose as washing automobiles. Such facilities shall be considered
incidental to automobile service stations if not more than one auto may be washed at one time and if the
service station is clearly the principal use.
18.80.290 AWNING
A roof-like structure, which is generally composed of a skeletal frame, covered in a fabric or other skui-
type material, and typically open on the bottom side, wlvch projects beyond a building or extending
along and projecting beyond the wall of the building. For the purposes of this title a sign on an awi~lg
shall be considered to be a wall sign.
18.80.300 BANNER
An}' sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by
a permanent frame at one or more edges. A single one of each national, state or municipal flags, or the
official flag of any institution or business shall not be considered banners.
18.80.310 BAR (TAVERN, COCKTAIL LOUNGE)
An establishment where alcoholic beverages are sei-~~ed on premises and where the total sales of alcohol
exceeds the total sales of food.
Ordinance # 1755: Effective 1~ebruar}~ 20, 2009. page 80-4
18.80.320 BASE FLOOD
~ flood having a one percent chance of being equalled or exceeded in any given year. ~ base flood is the
same as a 100-year flood.
18.80.330 BASE FLOOD ELEVATION
The elevation above sea level of the base flood in relation to National Geodetic Vertical Datum of 1929
unless otherwise specified in the flood hazard study.
18.80.340 BASEMENT
portion of a building located partly underground but having not less than half its floor-to-ceiling
height below the average grade of the adjoining ground.
18.80.350 BEACON
Any light with one or more beams directed into the atmosphere or directed at one or more points not
on the same zone lot as the light source; also, any light with one or more beams that rotate or move.
18.80.360 BED AND BREAKFAST HOME
A single-household dwelling which remains owner-occupied at all times providing one or more guest
rooms for compensation, and where food service is limited to breakfast which may be served to
overnight guests only.
18.80.370 BUILDING
Any structure having enclosed space and a roof for the housing and/or enclosure of persons, animals or
chattels.
18.80.380 BUILDING AREA
The maximum horizontal projected area of the principal and accessory building(s), excluding open steps,
terraces, and architectural appurtenances projecting not more than 2 feet. Building area, as that portion
of a lot upon which construction is permitted, is that area of a lot that lies within the boundaries of the
front, side and rear yard setback requirements measured from the actual lot line.
18.80.390 BUILDING ENVELOPE
The three-dimensional volume on a lot 1}>ing between the front, side and rear yard setback lines and
between ground level and the maximum allowable building height, amounting to the area available for
potential building construction.
18.80.400 BUILDING FRONTAGE
The maximum dimension of the building front measured on a straight line parallel to the street, but
excluding facades facing alleys or drivewa}>s.
18.80.410 BUILDING HEIGHT
The vertical distance measured from grade as defined u1 this section to the highest pouit on the roof or
parapet wall. ~X~here a building utilizes multiple roof steles or pitches, the highest point of each t}>pe of
roof or parapet wall shall be in conformance with applicable height regulations as established for the
respective roof pitches in each zoning district. Where the vertical difference between grade as defined in
this section is greater than 2 feet between opposite elevations of the building, the height of the building
may be increased by 1 foot for every 1 foot in grade difference up to a maximum of 6 additional feet.
18.80.420 BUILDING, PRINCIPAL
A building in which is conducted the main, or principal, use of the lot on which the building is situated.
Ordinance # 1755: Effective February 20, 2009. page 80-5
18.80.430 BUSINESS
Engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services; the
maintenance or operation of offices or recreational or amusement enterprises.
18.80.440 CANOPY
An}~ open, permanent roof-like accessory structure wlvch is not attached or part of a principal building.
18.80.450 CANOPY TREE
A species of tree which normally bears crown foliage no lower than 6 feet above ground level upon
maturity.
18.80.460 CARPORT
A structure, open on at least two sides, consisting of a roof and either walls or columns for the purpose
of housing automotive vehicles and other chattels. The structure shall be considered as an accessor}'
building when detached from the principal building and as a part of the principal building when attached
to the principal building along one or more sides of the carport or principal building.
18.80.470 CASINO
A. An establishment whose primary use or activity is gambling, either in the form of gambling
machines (video poker, keno, etc.), card games or other licensed gambling activity. A casino will
normally have beverage and restaurant facilities as accessory uses. In all instances, an
establishment will be considered a casino for the purpose of these regulations if any of the
following characteristics apply:
1. The establishment is referenced as a casino by signage, advertisement or by name;
2. More than one card table is on the premises; and/or
3. Fifteen or more gambling machines are on the premises.
B. An applicant for a casino establishment must obtaui a Montana state license to sell alcoholic
beverages for consumption on the premises.
18.80.480 CEMETERY
Land used for the burial of the dead and dedicated for cemetery purposes, including crematories,
mausoleums and mortuaries when operated in conjunction with and within the boundary of such
cemetery.
18.80.490 CERTIFICATE OF APPROPRIATENESS
A permit issued by the pertinent review authority indicating its approval of plans to alter or construct a
structure or alter a site within the Neighborhood Consei-~~ation Overlay District or Entr}~vay Overlay
District.
18.80.500 CERTIFICATE OF SURVEY
A drawing of a field surve}~ prepared by a registered land surveyor for the purpose of disclosing facts
pertaining to boundary locations.
18.80.510 CHILD
A person under twelve years of age.
Ordinance # 1755: Effective February 20, 2009. page 80-6
18.80.520 CHURCH
~ building, together with its accessoi-}~ builduigs and uses, where persons regularl}~ assemble for religious
worship, and which building, together with its accessory buildings and uses, is maintained and controlled
by a religious body organized to sustain public worship.
18.80.530 CITY
The City of Bozeman.
18.80.540 CITY COMMISSION
The governing body of the City of Bozeman.
18.80.550 CIVIC USE
Public buildings or uses, uicluding but not limited to, college/university facilities, congregate postal
facilities, schools, government offices, libraries, assembly uses, police stations, and fire stations.
18.80.560 CLUB, PRIVATE (NONPROFIT)
~ nonprofit association of persons who are bona fide members, paying annual dues, which owns, hires
or leases a building, or a portion thereof, the use of such premises being restricted to members and then
guests.
18.80.570 CO-LOCATION
The placement of an antenna by two or more wireless service providers on a common antenna-
supporting structure, or the addition or replacement of antennas on an existing structure. The term does
not include roof-mounted or surface-mounted wireless facilities or the placement of other antenna on
an amateur radio antenna.
18.80.580 COMMERCIAL MESSAGE
.any sign, wording, logo or other representation that directly or indirectly names, advertises or calls
attention to a business, product, service or other commercial activity.
18.80.590 COMMERCIAL NODE
~ commercial node is an area meeting all of the followuig conditions:
1. Designated as Community Commercial in the land use section of the Cit}~'s adopted growth
policy;
2. Designated as a B-2 zoning district; and
3. Located in one of the four following locations:
a. Northwest of the intersection of Stucky Road and South 19th Avenue to the limits as
shown on the future land use map contained iii the adopted growth policy,
b. East of Highland Boulevard across from the Bozeman Deaconess Hospital to the limits
as shown on the future land use map contained in the adopted growth policy,
c. South of West Maul Street across from the Gallatin Valley Mall to the limits as shown on
the future land use map contained ii1 the adopted growth policy,
d. Northwest of the intersection of Baxter Lane and Davis Lane to the limits as shown on
the future land use map contained in the adopted growth policy.
18.80.600 COMMON OPEN SPACE
Undeveloped land withui a subdivision that has been designated, dedicated, resei~~ed or restricted in
peipetuit}' from further development and is set aside for the use and enjoyment by residents of the
Ordinance # 1755: Effective 1~ebruaiS~ 20, 2009. page 80-7
development. Common open space shall not be part of individual residential lots. It shall be
substantially free of structures, but may contain historic structures and archaeological sites, and/or
recreational facilities for residents, including but not limited to benches, picnic tables and interpretive
signage as indicated on an approved development plan. Stormwater control facilities for the benefit of
the subdivision may also be located within common open space.
18.80.610 COMMON OWNERSHIP
Ownership by the same person, corporation, firm, entity, partnership or unincorporated association; or
ownership b}~ different corporations, firms, partnerships, or unincorporated association u1 which a
stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm,
partnership, entity or unincorporated association.
18.80.620 COMMUNITY CENTER
~ building or portion of a building used for nonprofit cultural, educational, recreational, religious or
social activities which is open to the public or a designated part of the public, usually owned and
operated by a public or nonprofit group or agency. Examples of community centers are schools,
churches, Boys and Uirls Clubs, and similar uses. Community center does not include fraternities, lodges
or similar uses.
18.80.630 COMMUNITY RESIDENTIAL FACILITY
A single residential structure having common kitchen facilities including:
1. Those occupied by persons having developmental disabilities and living together for the purpose
of residential training, observation and/or common support, in which care is provided on a 24
hour per day basis;
2. A community group home for developmentally, mentally or severely disabled persons which
does not provide skilled or intermediate nursing care;
3. A youth foster home or other facility for care of minors as defined in X52-2-601 et seq., MCA;
4. A halfivay house operated in accordance with regulations of the State Department of Public
Health and Human Sei-~=ices for the rehabilitation of alcoholics or drug dependent persons;
5. .~ licensed adult foster care home; or
6. Any facility defined iiz 576-2-411, MCA.
Where a limitation of eight or fewer residents is imposed for the purpose of defining the necessary
review process to establish this use, the operator of a residential facility, members of the operator's
household or persons employed as staff shall not be counted as residents, except that the total number
of all persons living at the facility shall not exceed ten.
18.80.640 COMPATIBLE DEVELOPMENT
The use of land and the construction and use of structures which is u~ harmony with adjoinuig
development, existing neighborhoods, and the goals and objectiees of the City's adopted gro~~th policy.
Elements of compatible development unclude, but are not limited to: variety of architectural design;
rh}~thm of architectural elements; scale; intensit}~; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and sewer services, natural
elements in the area, motorized and non-motorized transportation, and open spaces and parks.
Compatible development does not require uiuformity or monotony of architectural or site design,
densit,~ or use.
Ordinance # 1755: Effective Februai-~~ 20, 2009. page 80-8
18.80.650 COMPATIBLE LAND USE
~ land use which may b}' ~Tirtue of the characteristics of its discernible outward effects exist in harmony
with an adjoining land use of differing character. Effects often measured to determine compatibility
include, but are not limited to, noise, odor, light and the presence of physical hazards such as
combustible or explosive materials.
18.80.660 CONDITIONAL USE
A public or private use as listed in this title which, because of its unique characteristics, cannot be
properly classified as a principal use or accessory use in a particular district. After consideration in each
case of the impact of such use upon neighboring land, and of the public need for the particular use at
the particular location, a permit for such conditional use may or may not be granted, with or without
conditions, in addition to any condition specifically stated in this title for any particular conditional use,
including tune limits, pursuant to the requirements of this title.
18.80.670 CONDITIONAL USE PERMIT
Legal authorization to construct, develop or operate a conditional use as defined by this title.
18.80.680 CONSERVATION EASEMENT
The grant of a property right or interest from the property owner the public or nonprofit conservation
organization stipulating that the described land shall remain in perpetuity in its natural and open state,
precluding future or additional development (with the exception of any allowable structures or facilities).
18.80.690 CONTIGUOUS TRACT
For the purpose of these regulations, a parcel of land next to, abutting, adjoining or touching another
individual parcel of land, including tracts which are separated by public right-of-wa}'.
18.80.700 CONSTRUCTION
The act of adding to an existing structure or erecting a new principal or accessory structure.
18.80.710 CONVENIENCE FOOD RESTAURANT
An establishment whose principal business is the sale of foods, frozen desserts or nonalcoholic
beverages to the consumer in a ready-to-eat state for consumption either within the premises or for
cari-r~-out with consumption either on or off the premises and whose design or principal method of
operation includes both of the following characteristics:
A. Foods, frozen desserts or nonalcoholic beverages are usually served in edible containers or in
paper, plastic or other disposable containers;
B. 'I"he customer is not sei-~~ed food at his/her table by an employee but receives it at a counter,
window or similar facility for carr}~ing to another location for consumption either on or off the
premises.
18.80.720 CONVENIENCE USE
Retail commercial uses which have relatively high traffic generation rates per 1,000 square feet compared
to other commercial uses. A use is designated as a convenience use if the method of operation includes
one or more of the following characteristics:
A. Retail motor fuel is sold;
B. The prunai~~ business is the sale of food or drink for consumption, either on or off premises,
over a counter, or from an outdoor sei~~ice window or automobile service window. Of the food
or drink sold, at least 20 percent is in disposable or carry-out containers; or
C. Drive-in and drive-through restaurants.
Ordinance # 1755: Effective Februai-~~ 20, 2009. page 80-9
18.80.730 COOPERATIVE HOUSEHOLD
Five or more persons who are granted a conditional use permit as a cooperative household pursuant to
the terms of Chapter 18.34 of this title. A cooperative household exhibits four or more of the
following characteristics:
r,. ~ shared strong bond or common commitment to a single purpose, such as members of a
religious order;
B. ire not legall}~ dependent on others not living with them;
C. Can establish legal "domicile" as defined b}~ state law;
D. Share a single household budget;
E. Share in the work of maintaining the premises;
F. Legall}~ share in the ownership or possession of the premises, e.g. tenants in common on a deed
or cosigners of a single lease; or
U. The relationship must be of a permanent and distinct character with a demonstrable and
recognizable bond characteristic of a cohesive unit. .
Cooperative housing does not mean an}~ society, club, fraternity, sorority, association, lodge,
organization or group of students or other individuals with a common living arrangement or whose
basis for the establishment of the housekeepiig unit is temporary.
18.80.740 COVENANT
ran agreement that binds and restricts the land it the hands of present owners and subsequent
purchasers with a view towards protecting and enhancing the physical, natural and economic integrity of
an area.
18.80.750 DATE OF SUBMISSION
The date at which the plat or plan and all required supplementary information is received and certified
as complete by the Planning Department.
18.80.760 DAY CARE CENTER
r~ place in which supplemental care is provided to tlvrteen or more nonresident persons on a regular
basis and which is licensed by the State of Montana.
18.80.770 DAY CARE HOME, FAMILY
.~ private residence in which supplemental care is provided to three to six nonresident persons from
separate families on a regular basis and which is registered by the State of Montana.
18.80.780 DAY CARE HOME, GROUP
r, private residence in which supplemental care is provided to seven to twelve nonresident persons on a
regular basis and which is registered b}~ the State of 1\lontana.
18.80.790 DEDICATION
The deliberate appropriation of land by an owner for any general and public use, reserving no rights
which are incompatible with the full exercise and enjo~~ment of the public use to which the property has
been devoted.
18.80.800 DEMOLITION
any act or process that destro~~s, in part or whole, a structure or archaeological site.
Ordinance # 1755: Effective February 20, 2009. page 80-10
18.80.810 DESIGN REVIEW
The aesthetic evaluation of certain development proposals, including those located in the neighborhood
conservation overlay district, entryway overlay district, and all planned unit developments and retail
developments consisting of single tenant buildings greater than 40,000 square feet relative to
architectural, site, landscape, environmental, urban and other design matters as specified in this title.
18.80.820 DESIGN REVIEW BOARD
That board created by Chapter 18.62 of this title and appointed by the City Commission, charged with
the design review, as defined in this chapter, of certain plans and proposals as specified u7 this title.
18.80.830 DEVELOPMENT
Any man-made change to improve or alter real estate, uicluding but not linuted to, subdivision of land,
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
18.80.840 DEVELOPMENT ENVELOPES
Areas on a lot within which grading, lawns, pavement and buildings will be located.
18.80.850 DEVELOPMENT REVIEW COMMITTEE
That committee created by Chapter 18.62, BMC and charged with the expressed intent of reviewing
designated plans and proposals.
18.80.860 DEVIATION
A modification of ph}'sical standards of this title as applied to a specific piece of property located within
the neighborhood conservation overlay district or entryway corridor overlay district. A deviation may be
granted only by the Ciry Commission.
18.80.870 DIVISION OF LAND
The segregation of one or more parcels of land from a larger tract held in single or undivided ownership
by transferring, or contracting to transfer, title to or possession of a portion of the tract, or properly
filing a certificate of sui-~Tey or subdivision plat establishing the identit}~ of the segregated parcels
pursuant to these subdivision regulations and the Montana Subdivision and Platting Act. The
conveyance of a tract of record or an entire parcel of land that was created big a previous division of land
is not a division of land.
18.80.880 DIRECTIONAL SIGN
An on-premise sign which is intended to convey information regarding the location of specific features
of the site or to convey on-premise regulations including traffic and circulation regulations.
18.80.890 DRIVE ACCESS
That area between the curb of a street, or edge of the traveled portion of a street when no curb exists,
and the right-of-way/property line over wluch the Cit}~ will permit vehicular travel from the traveled
portion of a street to an individual property or off-street parking space(s).
18.80.900 DRIVE-IN BUSINESS
Any business in which people are provided a sei-~~ice or a product, where a sale is made without the
customer being required to leave the vehicle. Such businesses include, but are not limited to, drive-in
theater, drive-in bank, freestanding automated teller machine, drive-in laundry or dr~~ cleaning pickup
station, drive-in restaurant and any busuiess offering take-home food services.
Ordinance # 1755: L:ffecti~~e February 20, 2009. page 80-11
18.80.910 DWELLING
A building, or portion thereof, meeting the requirements of the City's adopted International Buildng
Code and used by one household, as defined by Chapter 18.80, BMC, for residential purposes. Dwelling
occupancy duration is typically longer than thirty continuous days. Dwellings may exist in many
configurations, including single-household, two-household, multiple-household dwellings and group
homes. Dwellings do not include hotels, motels, extended stay lodgings or tourist homes.
18.80.920 EASEMENT
~ grant by a property owner to the public, a specific person or persons, other than the owner, for a right
to use land for a specific purpose or purposes.
18.80.930 EFFICIENCY UNIT
~ dwelling unit containing only one habitable room as defined and regulated by the most recently
adopted International Building Code.
18.80.940 ENGINEER (REGISTERED PROFESSIONAL ENGINEER)
~ person licensed in conformance with the Montana Professional Engineers Registration r~ct (,37-67-
101 through X37-67-332, 1\1CA) to practice engineering in the State of Montana.
18.80.950 ENGINEERING DEPARTMENT
Engineering Division of the Cit}' of Bozeman's Department of Public Seri=ice.
18.80.960 ESSENTIAL SERVICES (TYPE I)
Water pumping stations; stormwater drainage facilities (including collection lines, retention/detention
ponds and drainage ways); sanitary seu=er and storm sewer lift stations; public domestic water storage
facilities; water fill stations for fire fighting equipment; local service telephone lines and cables; local
sen=ice electrical distribution lines and cables; local service cable television lines; local service electronic
data transmission lines and cables; water and sanitary sewer distribution and collection lines; and public
and amateur radio antennae and towers.
18.80.970 ESSENTIAL SERVICES (TYPE II)
Pipelines to transport gas, oil and coal (interstate and intrastate); electric substations; electrical
transmission fines (interstate and intrastate); public supply facilities (electric and gas); public treatment
facilities (water, sanitary sewer and storm sewer); telephone satellite communit~~ dial offices; telephone
exchanges and repeater stations, except those facilities which may be considered wireless facilities; other
accessory facilities, equipment and structures; and police and fire stations.
18.80.980 ESTABLISH
To construct, place, insert or excavate.
18.80.990 EVERGREEN TREE OR SHRUB
A tree or shrub of a species which normally retains its leaves/needles throughout the year.
18.80.1000 EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
r~ manufactured home park or subdivision where the construction of facilities for serviciig the
manufactured home lots is completed before the effective date of the floodplaiz management
regulations. This includes, at a miumum, the installation of utilities, the construction of streets, and
either final site grading or the pouriig of concrete pads.
Ordinance # 1755: Effective )~ebruaiy 20, 2009. page 80-12
18.80.1010 EXTENDED STAY LODGINGS
Guest rooms intended or designed to be used, or which are used, rented or hued out to be occupied, or
which are occupied for sleeping purposes for guests and contain kitchen facilities for food preparation
including but not limited to such facilities as refrigerators, stoves and ovens. Generally an individual
guest will not exceed thirty days stay. This definition includes dwelling units used, rented or hired out for
vacation homes.
18.80.1020 FINAL DECISION
The final action of an agency, board or commission when no further action is available before such
agenc}', board or commission.
18.80.1030 FINAL PLAT
The final drawing of a subdivision and dedication required by this title and the Montana Subdivision and
Platting Act to be prepared for filing for record with the Clerk and Recorder, and containing all
elements and requirements set forth in this title and the Montana Subdivision and Platting.
18.80.1040 FINAL SITE PLAN
The final scale drawings of a preliminarily approved development and any other required information,
the approval of which b~' the Planning Director uidicates that the required conditions for approval have
been met.
18.80.1050 FLOOD OR FLOODING
A general and temporal-}- condition of partial or complete inundation of normally dry lands from the
overflow of a stream, or the unusual and rapid accumularion or runoff of surface waters from any
source.
18.80.1060 FLOOD INSURANCE RATE MAP
The map on which FEI\ZA has delineated both the 100-year floodplains and the risk premium zones.
18.80.1070 FLOOD INSURANCE STUDY
The report in which FEI\ZA has provided flood profiles, as well as the Flood Boundary/Floodway Map
and the water surface profiles.
18.80.1080 FLOODPLAIN
Areas generall}' adjoining a stream that would be covered by floodwater of a 100-}'ear flood except for
designated shallow flooding areas that receive less than one foot of water per occurrence. The floodplaii~
consists of a floodway and floodway fringe. Floodplain regulations are found in Chapter 18.58, BMC.
18.80.1090 FLOODPLAIN ACT
The Montana Floodplain and Floodway Management Act, X76-5-101 et seq., MCA.
18.80.1100 FLOODWAY
The channel of a stream and the adjacent overbank areas that must be reserved in order to discharge a
base flood (100-year flood) without cumulatively uicreasing the water surface elevation more than one-
half foot.
18.80.1110 FLOODWAY FRINGE
The portion of the floodplain that is outside the limits of the floodway.
Ordinance # 1755: Effecrive February 20, 2009. page 80-1
18.80.1120 FOOD PROCESSING FACILITY
A facility in which food is processed or otherwise prepared for eventual human consumption but not
consumed on the premises.
18.80.1130 FOOTCANDLE
A unit of light intensit}% stated in lumens per square foot and measurable with an illuminance meter.
18.80.1140 FREESTANDING SIGN
Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are
independent from any building or other structure.
18.80.1150 FRONT LINE OF BUILDING
The line of the face of a building nearest the front lot line.
18.80.1160 FRONT YARD
A yard extending across the full width of the lot bet`veen two side lot lines, the depth of which is the
least distance between the street right-of--way and the front building line.
18.80.1170 GARAGE, PRIVATE
A detached accessory building, or portion of a maim building, designed or primarily used for the storage
of self-propelled vehicles for the household housed in the building to which such garage is accessory.
18.80.1180 GARAGE, PUBLIC
Any building or premises, except those defined herein as a private garage, used for the storage or care of
motor vehicles; or where such ~=ehicles are equipped for operation, repaired or kept for rental, hue or
sale.
18.80.1190 GLARE
The sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance
and visibilit}' to the eye.
18.05.1200 GOVERNING BODY
The governing authoritt~ of a cit<~ or town organized pursuant to law. In the Cit}' of Bozeman, the Cit}'
Commission is the governing authorit<~.
18.80.1210 GRADE
The lowest point of elevation of the finshed surface of the ground between the exterior wall of a
building and a point 5 feet distance fiom the wall, or the lowest point of elevation of the finished
surface of the ground between the exterior wall of the building and the property line if it is less than 5
feet distance fiom the wall. If walls are parallel to and within 5 feet of a public sidewalk, alley or other
public way, the grade shall be the elevation of the sidewalk, alle}' or public way. "Finished surface of the
ground" shall not include window wells, staiwells or other similar features, but shall include features
such as usable patio areas.
18.80.1220 GREEN
An open space available for unstructured recreation, with landscaping consisting of maintained grassy
areas, trees and other vegetation.
Ordnance # 1755: 1/ffecti~-e February 20, 2009. page 80-14
18.80.1230 GREENHOUSE
A building or structure constructed chiefl}' of glass, glass-like translucent material, cloth, lath or similar
materials which is devoted to the protection or cultivation of flowers or other plants.
18.80.1240 GROUND FLOOR AREA
The square foot area of a building within its largest outside dimension computed on a horizontal plane
at the ground floor level, exclusive of open porches, breezeways, terraces, garages, exterior stau-wa}-s and
secondary stairways.
18.80.1250 GROSS ACREAGE
The total area of a parcel including the area of perimeter street rights-of-way to the centerline of the
street.
18.80.1260 GROSS DENSITY
The number of residential dwelling units per unit of land used for residential purposes, with unit of land
being the gross residential acreage..
18.80.1270 GROUNDCOVER
Natural mulch or plants of species which normall}~ reach a height of less than 2 feet upon maturity,
installed in such a manner so as to form a continuous cover over the ground.
18.80.1280 GROWTH POLICY
An official public document adopted and used b}~ a local government as a general guide for development
and consen~ation decisions. It is not a regulation; rather, it is an official statement of public policy to
guide growth and change. The required and optional elements of a growth policy are listed in ~ 76-1-
601,1\2CA.
18.80.1290 GUEST HOUSE
An attached or detached accesson~ building used to house guests of the occupants of the principal
building, and which is never rented or offered for rent. Any guest house providing cooking facilities (e.g.
full size dishwasher, more than a bar sink, or a stove) shall be considered a dwelling unit.
18.80.1300 HEALTH AUTHORITIES
The State Department of Environmental Quality, local environmental health specialist or other
authorized representative.
18.80.1310 HEALTH AND EXERCISE ESTABLISHMENTS
An establishment designed and equipped for the conduct of sports, exercise activities and other
customary and usual recreational activities, including tennis, racquetball, handball and squash courts,
martial arts, gymnastics, weight and aerobic exercise rooms, running facilities, swimming pools, yoga,
sport dancing, and whirlpool and sauna facilities. Permitted accessory uses shall include child care, sun
tanning booths, massage, health and nutrition counseling services, retail sales of sporting goods and
restaurant services.
18.80.1320 HEIGHT OF LOW PROFILE SIGN
The vertical distance between the finished grade and the highest component of the sign.
18.80.1330 HEIGHT OF POLE STYLE SIGN
The vertical distance bettveen the elevation of the adjacent street curb, or edge of pavement if no curb
exists, to the highest attached component of the sign. In the event that the fivshed grade. of the sign
Ordvnance # 1755: effective February 20, 2009. page 80-15
location is higher, or lower, than the adjacent street curb or edge of pavement, the height shall be
determined as the vertical distance from the median elevation between the adjacent street curb or edge
of pavement and the lowest finished grade at the base of the sign to the highest attached component of
the sign.
18.80.1340 HISTORIC SITE
The location of a significant event, a prehistoric or historic occupation or activity, or a building or
structure, whether standing, ruined or vanished, where the location itself possesses signficant historic,
cultural or archaeological value. The value of a site shall be based on the ability of the site to meet the
eligibility requirements for historical sigiificance as described by the National Register of Historic
Places.
18.80.1350 HOME BASED BUSINESS
Any business, occupation or activit}% undertaken for gain within a residential structure that is incidental
and secondary to the use of that structure as a dwelling. Home based businesses are subject to the
requirements of this title.
18.80.1360 HOME OFFICE
An accessory use in which work for compensation is undertaken, including, but not limited to, receiving
or initiating correspondence, such as phone calls, mail, faces or e-mail; preparing or maintaining
business records; word and data processing; and telephone, mail order and off-premise sales.
18.80.1370 HOSPITAL
An institution for the diagnosis, treatment or other cure of human ailments and which may include a
sanitarium or clinic, provided such institution is operated by, or treatment is given, under direct
supervision of a physician licensed to practice by the State of Montana.
18.80.1380 HOTEL OR MOTEL
~ building or a group of buildings in which lodging is provided and offered to transient guests for
compensation; shall not include a boarding house, extended stay lodgings, lodging house or rooming
house.
18.80.1390 HOUSEHOLD
A person living alone, or any of the following groups living together as a single nonprofit housekeeping
unit and sharing common living, sleeping, cooking and eating facilities:
A. Any number of people related by blood, marriage, adoption, guardianship or other duly-
authorized custodial relationship;
B. Not more than four unrelated people, including persons enrolled in an institution of higher
learning;
C. Two unrelated people and any children related to either of them; or
D. Not more than four people who are:
1. Residents of a "Commutit}' Residential Facility" as defined in j\ 76-2-411 et seq., 1\1CA
and this title; or
2. "Handicapped" as defined in the Fair Housing Act, 42 USC X3602 (h). This definition
does not include those persons currentl}' illegally using or addicted to a "controlled
substance" as defined ui the Controlled Substances Act, 21 USC ~\ 802 (6).
F. "Household" does not include:
Ordinance # 1755: Effective I{ebruai~~ 20, 2009. page 80-16
1. Any society, club, fraternit}~, sorority, association, lodge, combine, federation, coterie,
cooperative housing or like organization;
2. Any group of individuals whose association is temporary or seasonal in nature; or
3. Any group of individuals who are in a group living arrangement as a result of criminal
offenses.
18.80.1400 ILLUMINANCE
The quantin~ of light measured in footcandles or lux. The density of the luminous flux incident on a
surface; it is the quotient of the luminous flux by the area of the surface when the latter is uniformly
illuminated.
18.80.1410 IMMEDIATE FAMILY
A spouse, children by blood or adoption, and parents.
18.80.1420 INCIDENTAL
Any action or use of less importance, or secondary to, any other action or use.
18.80.1430 INCIDENTAL SIGN
A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is
located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No
sign with a commercial message, which is designed with the intent to be legible from a position off the
zone lot on v~~hich the sign is located, shall be considered incidental.
18.80.1440 INDUSTRY, HEAVY
Those industries whose processing of products results in the emission of any atmospheric pollutant,
light flashes, glare, odor, noise or vibration which ma}' be heard and/or felt off the premises and those
industries which constitute a fire or explosion hazard.
18.80.1450 INDUSTRY, LIGHT
Those industries whose processing of products results in none of the conditions described for hea~~~
industry.
18.80.1460 INTERCHANGE ZONE
Districts created for the purpose of allowing larger and/or additional signage for the areas adjacent to
the Interstate 90 interchanges at Fast 1\7au1 Street, North 7th Avenue and North 19th Avenue which are
located within the F_,ntr-~~vay Overlay District, B-2 Zoning District and within 1,300 feet of the Interstate
90 right-of-way.
18.80.1470 IRREGULARLY SHAPED TRACT OF LAND
A parcel of land other than an aliquot part of the United States Government survey section or a United
States lot, the boundaries or areas of which cannot be determined without a survey or trigonometric
calculation.
18.80.1480 LANDMARK
A site, structure or object designated as a "landmark" pursuant to the procedures prescribed in Chapter
18.28, BMC, that is worthy of preservation, restoration or rehabilitation because of its historic land
plamung or architectural significance and officially recognized through listing in the National Register of
Historic Places. .~ landmark shall be subject to all neighborhood consen~ation overlay district
procedures and requirements.
Ordinance # 1755: Effective hebruaiy 20, 2009. page 80-17
18.80.1490 LANDSCAPE ARCHITECT
A person licensed to practice landscape architecture in the State of 1\'Iontana.
18.80.1500 LANDSCAPING
At least 75 percent coverage of an area with natural grass, vegetative groundcover or other natural living
plant materials, the remainder of which is covered with nonvegatative decorative landscape design
elements such as washed rock, lava rock, bark chips and ornamental features such as pools, fountains,
benches, etc. For purposes of this title, the term landscaping shall be considered to have the same
meaning as the terms landscape, landscaped and landscaped area.
18.80.1510 LARGE SCALE WIRELESS FACILITY
A wireless facility 25 feet or greater in height from the base to the highest point including attachments.
Examples of supporting structures are monopoles, self supporting (lattice) towers, guy-wire supported
towers and other similar structures ~X~hen calculating the height of a facilit}~, other structures designed
for other uses such as buildings or water towers shall not be included in the calculation. Some
illustrated examples of large scale wireless facilities are shown in the appendix.
18.80.1520 LARGE SHRUB
r1 shrub which normally reaches a height of 5 feet or more upon maturity, and usually has five or more
canes.
18.80.1530 LARGE TREE
r, tree of a species which normally reaches a height of 25 feet or more upon maturit)-, and usually has a
single stem.
18.80.1540 LEVEE
r, man-made embankment, usually earthen, designed and constructed in accordance with sound
engineering practices to contain, control or divert the flow of water to provide protection from
temporary flooding.
18.80.1550 LEVEE SYSTEM
r, flood protection system that consists of a levee, or levees, and associated structures, such as draiiage
and closure devices, whuch are constructed and operated in accordance with sound engineering
practices.
18.80.1560 LIGHT CONSTRUCTION
r~ny change not construed as an alteration or repair, including paving of established driving and parking
areas (subject to the requirements of Chapter 18.46, BMC); construction of patios not greater than 120
square feet in size; construction of sidewalks not wider than 5 feet; and landscaping (but not including
major changes in grading or site surface drainage).
18.80.1570 LIGHT GOODS REPAIR
Establishments primarily engaged in the provision of repair services to individuals and households as
well as businesses, but excluding automotive, boat and similar intensive repair use types. Typical uses
include, but are not linuted to, the repair of appliances, shoes or clothing, watches or jewelry,
instruments, office equipment or electronics.
18.80.1580 LIGHT SOURCE
~ single artificial point source of light that enuts measurable radiant energy in or near the visible
spectrum.
Ordinance # 1755: Effective February 20, 2009. page 80-18
18.80.1590 LIGHT TRESPASS
bight emitted by a lighting installation that calends beyond the boundaries of the property on which the
installation is sited.
18.80.1600 LIMITED ACCESS
A way or means of allowing physical entrance to land at controlled locations or points. A "no access"
strip or line may be placed on a plat as a means of limiting access.
18.80.1610 LIMITED ACCESS ROADWAY
A street or road especially designed for through traffic, over which abutting land owners base no right
to direct access.
18.80.1620 LOCAL SERVICES
All services provided by governmental bodies for the benefit of citizens. These services include, but are
not limited to, police, fue, water, recreation, streets, parks, libraries, schools, and wastewater and solid
waste collection and disposal.
18.80.1630 LODGING HOUSE
.~ building with not more than ten guest rooms where lodging with or without meals is provided for
compensation to persons not meeting the definitions of household, community residential facilit}',
cooperative household, fraternity or sorority. Also referred to as a boarding house.
18.80.1640 LOT
A piece, parcel, plot, tract or area of land in common ownerslp created by subdivision or its legal
equivalent for sale, lease or rent. ~ lot has the characteristics of being able to be occupied or capable of
being occupied by one or more principal buildings, and the accessory buildngs or uses customarily
incidental to them, and including the open spaces required under this title, and having its principal lot
frontage on a street. When one or more lots are held in common ownership they shall be treated a as
single lot for the purposes of development review and evaluation of compliance with the standards of
this title.
18.80.1650 LOT AREA
The total horizontal area withir the boundary lines of a lot.
18.80.1660 LOT MEASUREMENTS
:~. Lot Depth. The horizontal distance of a line measured at a right angle to the front lot line and
running between the front lot line and rear lot line of a lot.
B. Lot Width. 1'he distance as measured in a straight line, between side lot lines at the points of
iitersection with the requied front building line.
C. Lot Frontage. The horizontal distance between the side lot lines measured at the point where the
side lot lines intersect the street right-of-wa}~. All sides of a lot that abuts a street shall be
considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered
the lot frontage.
D. Lot Area. The total horizontal area within the boundary lines of a lot.
18.80.1670 LOT TYPES
r~. Corner Lot. A lot at a junction of, and fronting on, two or more intersecting streets.
B. Interior Lot. A lot other than a corner or through lot.
Ordinance # 1755: Effective February 20, 2009. page 80-19
C. Double Frontage or Through Lot. .~ ]ot having frontage on two parallel, or approximatel}~
parallel, streets.
D. Reverse Frontage Lot. A double frontage or through lot that is not accessible from one of the
parallel or nonintersecting streets on which it fronts.
18.80.1680 LOT LINE, FRONT
In the case of an interior lot, a line separating the lot from the street, in the case of a corner lot, a line
separating the narrowest street frontage of the lot fiom the street and in the case of a double frontage or
through lot, a line separating the lot from the street from which a drive access may be permitted b}' the
City.
18.80.1690 LOT LINE, REAR
A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or
triangular shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance from
the front lot line.
18.80.1700 LOT LINE, SIDE
An}' lot boundary line not a front lot laze or a rear lot line.
18.80.1710 LOT LINE, ZERO
A concept utilized to permit a structure or wall of a building to be located on a property line.
18.80.1720 LOT WIDTH
The distance as measured ii a straight line, between side lot lines at the points of intersection with the
required front building line.
18.80.1730 LOT WITH RESIDENTIAL ADJACENCY
any of the following:
r,. A building site in a residential zoning district, if the site abuts or is directly across a street or alley
from an R-1, R-2, R-3, R-4 or R-O zoning district;
B. .~ building site in a nonresidential zoning district, if the site abuts or is directly across a street or
alley from an R-S, R-1, R-2, R-3, R-4 or R-O zoning district;
C. ran artificial lot in a residential district, if the lot is less than 200 feet from an R-1, R-2, R-3, R-4
or R-O zoning district; or
D. An artificial lot in a nonresidential zoning district, if the lot is less than 200 feet from an R-S, R-
1, R-2, R-3, R-4 or R-O zoning district.
18.80.1740 LOW-PROFILE SIGN
~ freestanding sign composed of a solid structure between finished grade and the top of the sign. l~lso
referred to as a monument sign.
18.80.1750 LUMINAIRE
~ complete lighting uiut consisting of a light source and all necessary mechanical, electrical and
decorati~=e parts; also called the lighting fixture.
18.80.1760 LUMINANCE
The physical and measurable luminous intensit}' of a surface (e.g., a lamp, hunilaire, reflectilg material)
ii a specific area and measurable with an illuminance meter. The quotient of the lumiious flux at an
element of the surface surrounding the poi7t, and propagated iii directions defined by an elementary
Ordinance # 1755: Effective February 20, 2009. page 80-20
cone containing the given direction, by the product of the solid angle of the cone and area of the
orthogonal projection of the element of the surface on a plane perpendicular to the given direction. The
luminous flux may be leaving, passing through and/or arriving at the surface.
18.80.1770 LUX
~ unit of light intensit}' stated i7 lumens per square meter. There is approximately 10.7 lux per
footcandle.
18.80.1780 MANUFACTURED HOME
ly factory-built, single-household structure that is manufactured under the authorit}' of 42 USC X5401,
the National Manufactured Home Construction and Safety Standards r~ct, is built on a permanent
chassis, and is used as a place for human habitation, but which is not constructed or equipped with a
permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to
a permanent site, and which does not have wheels or axles permanently attached to its body or frame.
This definition specifically does not include recreational vehicles. my dwelling meeting the definition of
modular home is not a manufactured home.
18.80.1790 MANUFACTURED HOME LOT OR SPACE
A lot for rent or lease in a manufactured housing community designated for the accommodation of one
manufactured home and its accessor}~ buildings or structures for the exclusive use of the occupants.
18.80.1800 MANUFACTURED HOME STAND
That area of a lot for rent or lease which has been prepared for the placement of a manufactured home
i1 a manufactured home communir5~.
18.80.1810 MANUFACTURED HOME COMMUNITY
ran}' piece of real property under single ownership or control for which the primary purpose is the
placement of two or more manufactured homes for permanent residential dwellings and for the
production of income. r'1 manufactured housing communit}~ does not include real propert}~ used for the
display and sale of manufactured units, nor does it include real propert}~ used for seasonal purposes only,
as opposed to year-round occupancy. Home sites within the communit}' are leased to iidividual
homeowners, who retail customary leasehold rights.
18.80.1820 MANUFACTURING
The creation of products either with machinery or by hand according to an organized plan and with the
division of labor.
18.80.1830 MANUFACTURING, LIGHT
Fabrication of and/or assembly of goods from previously prepared materials.
18.80.1840 MEAN SEA LEVEL
The National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations
are references.
18.80.1850 MEDICAL OFFICES, CLINICS AND CENTERS
.fin establishment where patients are admitted for special study and treatment by licensed health care
professionals, including acupuncturists and chiropractors.
Ordinance # 1755: Effective February 20, 2009. page 80-21
18.80.1860 MICRO-SCALE WIRELESS FACILITY
~ wireless facility, less than 10 feet in height from the base to the highest point, including attachments.
When calculating the height of a facility, other structures designed for other uses such as buildings or
water towers shall not be included u1 the calculation.
18.80.1870 MINING
The extraction of sand, gravel or other material from the land in the amount of four-hundred cubic
yards or more and the removal thereof from the site without processing.
18.80.1880 MINI-WAREHOUSE (WAREHOUSE, RESIDENTIAL STORAGE)
~ building or group of buildings in a controlled access and fenced or screened compound that contains
relatively small storage spaces of var}~ing sizes and/or spaces for recreational vehicles or boats, having
individual, compartmentalized and controlled access for the dead storage of excess personal propert}~ of
an individual or household generally stored in residential accessory structures, when such building or
group of buildings are not located on the lot of the residence.
18.80.1890 MINOR SUBDIVISION
A subdivision that creates five or fewer lots from a tract of record.
18.80.1900 MOBILE HOME
A transportable, manufactured structure, suitable for year-round single-household occupancy and having
water, electrical and sewage connections similar to those of conventional dwellings. This defuution
applies only to units constructed prior to the Federal Manufactured Housing Construction and Safet}'
Standards Act of 1974, which became effective )use 15, 1976. Compare with the definition of
manufactured home.
18.80.1910 MOBILE OFFICE
.~ factory assembled structure or structures exceeding 8 feet in width, originally equipped with the
necessary service connections, and originally made so as to be readily movable as a unit or units on its
(thee) own running gear and designed to be used as an office without a permanent foundation, u1
compliance with all applicable state regulations, whether or not the running gear has been removed.
18.80.1920 MODEL HOME
,~ home constructed to display a builder's for sale or lease units but which does not sense as a dwelling
unit until sold as a residence.
18.80.1930 MODULAR OR SECTIONAL HOME
,~ dwelling unit meeting the standards of the International Building Code which was mass produced in a
factor}, designed and constructed for transportation to a site for occupancy when connected to the
required utilities and when permanently anchored to a permanent foundation, whether intended for use
as an independent, individual unit or ui combination with other units to form a larger building, and
which does not have integral wheel, axles or hitch. For the purposes of locating a dwelling according to
the standards of this title there is no distinction made between a dwelling constructed wholly or partly
off-site and a dwelling constructed on-site so long as they meet the standards of the City's adopted
International Building Code.
18.80.1940 MONUMENT (PERMANENT MONUMENT)
Any srivcture of masonr}~, metal or other permanent material placed u1 the ground which is exclusively
identifiable as a monument to a sui~~ey point, expressly placed for sui-~°eyuig reference.
Ordinance # 1755: Effective February 20, 2009. page 80-22
18.80.1950 NATURAL ENVIRONMENT
The physical conditions which exist within a given area, including land, water, mineral, flora, fauna,
noise, light, and objects of historic or aesthetic significance.
18.80.1960 NEIGHBORHOOD COMMERCIAL CENTER
Commercial uses oriented at serving the needs of neighborhoods. These areas are t~~pified by smaller
scale shops and services, and a high level of pedestrian, bicycle and transit opportunities. Neighborhood
commercial centers are intended to support and help give identity to individual neighborhoods by
providing a visible and distinctive focal point r'1 neighborhood commercial center may also contain uses
that draw from more than the immediate vicinit~~, especially when located adjacent to arterial streets.
activities commonly expected in this classification are daycares, smaller scale groceries, bakeries, coffee
shops, retail stores, small restaurants, offices and residences above other uses.
18.80.1970 NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT
ran area designated as the neighborhood consen~ation overlay district on the CitS~ zoning map pursuant
to the procedures set forth herein.
18.80.1980 NET RESIDENTIAL DENSITY
The number of residential dwelling units per buildable unit of land, excluding any land used or to be
used as street rights-of--way, parks, public buildings or private nonresidential uses. For calculating net
residential density, the following formula shall apply:
D = du
Where D =Residential densit~~
du =Total number of dwelling units in project
A =Total site area (acres)
c =Total commercial land area (acres)
i =Total industrial land area (acres)
s =Reserved but undedicated school or park sites (acres)
a =Street, public or private, rights-of-way and transportation easements (acres)
d =Dedicated park lands, consenTation easements, or common open spaces (acres)
18.80.1990 NEW CONSTRUCTION
Development commenced on or after the effective date of the ordinance codified in tlis title.
18.80.2000 NONBROADCAST TELECOMMUNICATION FACILITY
r~ facility used for the transmission or enhancement of telecommunications which does not include the
presence of antennas, as defined in this title. r'~ nonbroadcast telecommunication facility does not
include office use, materials storage or other sinilar uses.
18.80.2010 NONCANOPY TREE
r1 large tree which in its native state has at maturity canopy ~>egetation less than 6 feet above the ground.
18.80.2020 NONCOMMERCIAL SPEECH
Any sign wording, logo or other representation that does not directly or indirectly name, advertise or call
attention to a business, product, service or other commercial activit~~.
Ordinance # 1755: Effective Februai-~~ 20, 2009. page 80-23
18.80.2030 NONCONFORMING SIGN
A sign that does not conform to the provisions of Chapter 18.52, BMC.
18.80.2040 NONCONFORMING STRUCTURE
Any structure which was legal prior to the effective date of the ordinance codified in this chapter which
fails to compl}~ with the building location standards, and/or size requirements of the applicable zone of
this tide in which it is located.
18.80.2050 NONCONFORMING USE
An existing use of land or building which was legal prior to the effective date of the ordinance codified
in this tide but which fails to comph~ with the requirements set forth in this title applicable to the zone
in which such use is located.
18.80.2060 NOXIOUS MATTER OR MATERIAL
Material capable of causing injur}~ to living organisms by chemical reaction or capable of causing
detrimental effects on the physical or economic well-being of individuals.
18.80.2070 NURSING HOME
An extended or intermediate care facility licensed or approved to provide full time convalescent or
chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to
care for themselves.
18.80.2080 NURSERY, PLANT
Facilities for commercial development, growth and sale of plants and/or for the utilization of and
storage of equipment for landscaping operation and wholesale and/or retail or commercial gardening
supplies.
18.80.2090 OFF-PREMISE SIGN
A sign which advertises or directs attention to products or activities that are not provided on the parcel
upon which the sign is located.
18.80.2100 OFFICES
Buildings or portions of buildings ui which commercial activities take place but where goods are not
produced, sold or repaired. These include but are not limited to general and professional offices;
governmental offices; insurance offices; real estate offices; taxicab offices (but not taxi stands); travel
agency or transportation ticket offices; telephone exchange; utility offices; radio broadcasting and similar
uses.
18.80.2110 OFFICIAL FLOODPLAIN MAPS
The Flood Insurance Rate Maps and Flood Boundary/Floodway Maps provided b}~ FEI\2A for the Citt~
dated July 15, 1988 and uicoiporating any approved updates or revisions.
18.80.2120 ONE-HUNDRED YEAR FLOOD
A flood having a one percent chance of being equalled or exceeded in any given year. A 100-year flood
has nearly a 23 percent chance of occurring in a 25-year period. A 100-year flood is the same as a base
flood.
18.80.2130 OPEN SALES (OR RENTAL) LOT
An}~ land used or occupied for the purpose of buying, selling or renting for use away from the premises,
any goods, materials or merchandise, and for the exterior storing of same prior to sale or rental.
Ordinance # 1755: Effective Februai~~ 20, 2009. page 80-24
18.80.2140 OPEN SPACE
~ land or water area devoid of builduigs and other physical structures except where accessory to the
provision of recreation, including but not limited to benches, picnic tables and interpretive signage.
18.80.2150 OPEN SPACE, USABLE
That space which is capable of being used by the public for recreation, relaxation and social purposes.
Parking lots and perimeter landscaping are specifically excluded from this definition of usable open
space, except as allowed by 518.36.090, BMC.
18.80.2160 ORDINARY HIGH WATER MARK
The outermost line caused by water impressing on land and coveruig it for sufficient periods to cause
physical characteristics that distinguish the area below the line from the area above it. Characteristics of
the area below the line include, when appropriate, but are not limited to, deprivation of the soil of
substantially all terrestrial vegetation and destruction of its agricultural vegetative value. A floodplain
adjacent to surface waters is not considered to lie within the surface water's high water marks.
18.80.2170 OVERLAY ZONE
zone superimposed upon an underlying zone which establishes special requirements u1 addition to, or
in lieu of, those of the underlying zone.
18.80.2180 PARAPET
That part of the wall which extends above the roof. For the purposes of this title relating to signage, the
top of the parapet shall be considered to be the roofline.
18.80.2185 PARK
For the purposes of this title onl}', park means an open space, as defined in this title, under the
ownership or other legal control of the Cit}' of Bozeman which provides area for active and passive
recreational purposes.
18.80.2190 PARKING AREA
.fin area, other than a street or alley designated for use, or used, for temporary parking of vehicles.
18.80.2200 PARKING SPACE, OFF-STREET
A space designated for the temporary parking of a motor vehicle not on the right-of-wa}~ or alley but
accessible from a street or alleti~.
18.80.2210 PARTY WALL
.1ny wall of a building or structure. which is common to t~vo or more buildings, and which has a
minimum of one-hour fue-resistant construction as defined and regulated by the latest adopted
International Building Code.
18.80.2220 PATHWAY
,~ facility that accommodates the recreational and/or transportation needs of pedestrians and bic}'clists,
including sidewalks, bike lanes, boulevard trails and trails.
18.80.2230 PAVED PARKING SPACE OR SURFACE
ran area covered by an impen~ious dust free surface of asphalt or concrete designed to specifications of
the Cit<~ Engineer.
Ordinance # 1755: Effective February 20, 2009. page 80-25
18.80.2240 PENNANT
Any lightweight plastic, fabric or other material, whether or not containing a message of any kind,
suspended from a rope, wire or string, usually u~ series, designed to move in the wind.
18.80.2250 PERMEABLE PAVEMENT
A paving material that permits water penetration to a soil depth of 18 inches or more. Permeable
pavement may consist of nonporous surface materials poured or laid in sections not exceeding one
square foot in an area and collectively comprising less than two-thirds of the total surface area.
18.80.2260 PERMITTED USE
A use which is lawfully established in a particular district or districts and which conforms with all
requirements, regulations and performance standards of such district. ~ permitted use may be a
principal use, an accessory use or a conditional use.
18.80.2270 PERSONAL AND CONVENIENCE SERVICES
Businesses offering sei~~ices such as barbershops, beauty shops, tailors, shoe repair, tattooing, massage,
Laundromats, laundry and drp cleaning pickup and delivei-}~ stations, and similar uses. Some production
of finished goods may occur as an activity accessory to the delivery of services.
18.80.2280 PERSONAL PROPERTY
Property, other than real property, consisting of things temporal and movable.
18.80.2290 PERSONS
Includes any individual or group of individuals, corporations, partnerships, associations or any other
organized group of persons, including state and local governments and agencies thereof.
18.80.2300 PLANNED UNIT DEVELOPMENT (PUD)
A land development project consisting of residential clusters, industrial parks, shopping centers, or
office building parks or any combination thereof that compose a planned mixture of land uses built ii7 a
prearranged relationship to each other and having open space and community facilities in a common
ownership or use, and/or public parkland.
18.80.2310 PLANNING BOARD
The Bozeman Planning Board.
18.80.2320 PLANNING DEPARTMENT
The Bozeman Department of Planning and Community Development.
18.80.2330 PLANNING DIRECTOR
The Director of the Bozeman Department of Planning and Commuivt}' Development and the person
charged with the administration of this title unless otherwise specifically noted uz this title.
18.80.2340 PLAT
~~ graphical representation of a subdivision showing the division of land into lots, parcels, blocks,
streets, alleys, and other divisions and dedications.
18.80.2350 PLAZA
An area generally open to the public on a controlled basis and used principally for passive recreational
activities and relaxation. Plazas are paved areas typically providing ameiuties such as seating, drinking
and ornamental fountains, art, trees and landscaping for use by pedestrians.
Ordinance # 1755: 1/ffective Februai~~ 20, 2009. page 80-26
18.80.2360 POLE SIGN
A freestanding sign which is supported by a column(s) or other structural member(s) that is permanently
attached to the ground or aground-mounted structure and provides a minimum of 8 feet of visible,
vertical clearance between the bottom of the sign and fiiushed grade.
18.80.2370 PORTABLE SIGN
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be
transported, uicluding, but not limited to, signs designed to be transported by means of wheels; signs
converted to A- or T-frames; balloons used as signs; umbrellas used for advertising; and signs attached
to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in
the normal day-to-day operations of the business.
18.80.2380 PRESERVATION BOARD
The Bozeman I-listoric Presei-~~ation Advisory Board.
18.80.2390 PRIMARY ACCESS
The major access to a subdivision. The major access generally carries the most traffic as determined by
the traffic engineering study.
18.80.2400 PRINCIPAL USE
A use or structure which determines the predominant or major use of the lot on which it is located. The
principal use shall be that use which establishes the character of the property relative to surrounding or
adjacent properties.
18.80.2410 PRIVATE STREET
A right-of--way usable by the public but maintauied by a propert~~ owners association.
18.80.2420 PROJECTING SIGN
.any sign affixed to a building or wall in such a manner that its leading edge extends more than 6 inches
beyond the surface of such building or wall and is perpendicular to such building or wall.
18.80.2430 PROPER ACCESS
Either an improved public street or road, maintained by the Cite of Bozeman, Gallatin County or the
State of Montana; or a street or road built to the standards provided in these regulations.
18.80.2440 PROPERTY OWNER
Any person, firm, corporation or other entit~~ shown as being the legal owner of a tract, parcel or lot v1
the records of the Count~~ Clerk and Recorder.
18.80.2450 PROPERTY OWNERS ASSOCIATION
An association incorporated or not incorporated, combining individual propern~ ownership with shared
use or ownership of common property or facilities, or shared maintenance of subdivision or
communit\~ facilities. This definition includes condominium associations.
18.80.2460 PUBLIC BUILDING
A building, supported by government funds, to be used in an official capacity on behalf of the entire
communit}~.
Ordinance # 1755: Effective February 20, 2009. page 80-27
18.80.2470 PUBLIC HEALTH AND SAFETY
A condition of optimal well-being, free from danger or injur}~, for a commuiutt~ at large, not merely for
an individual or small group of persons.
18.80.2480 PUBLIC IMPROVEMENT
my structure or facilit)~ constructed to serve the residents of a subdivision or the general public such as
parks, streets, sidewalks, curbs, gutters, street lighting, utilities and systems for water supply, sewage
disposal and drainage.
18.80.2490 PUBLIC STREET OR ROAD
r~ street or road for which the right-of--way has been dedicated to the public.
18.80.2500 REAL PROPERTY
Propert)~ consisting of buildings and/or land.
18.80.2510 REAR YARD
~ yard extending across the full width of the lot between the two side lot lines the depth of which is the
distance required by this title between the rear property line and the rear building line.
18.80.2520 RECREATIONAL VEHICLE
A vehicular type portable structure without permanent foundation, which is built on a single chassis;
which is designed to be self-propelled or permanently towable by a light dut~~ truck; primarily designed
as temporary living accommodation for recreational, camping and travel use and including but not
limited to travel trailers, truck campers, camping trailers and self-propelled motor homes less than 8 feet
in width and 50 feet in length.
18.80.2530 RECREATIONAL VEHICLE PARK
A plot of ground upon which hwo or more sites are located, established or maintained for occupancy by
the general public as temporary living quarters for travel, recreation or vacation purposes.
18.80.2540 RECREATIONAL VEHICLE SPACE
:~ lot for rent or lease within a recreational vehicle park designed for the placement of a single
recreational vehicle and the exclusive use of its occupants.
18.80.2550 RELOCATION
.any movement of a structure, on the same site or to another site.
18.80.2560 REPAIR
luny change not otherwise construed as light construction or an alteration, as herein defined, that
constitutes replacing broken, worn or damaged materials with like, not necessarih~ identical, materials
and is insignificant to the size and condition of the structure or property. Repauiting and reroofing shall
be included under this definition of repair.
18.80.2570 REQUIRED FRONT BUILDING LINE
The lute nearest to the front and across a lot establishing the minimum open space to be provided
between the front line of a builduig and the front lot line. See also definition of "setback line".
18.80.2580 REQUIRED REAR BUILDING LINE
The line nearest to the rear and across a lot establishing the muiimum open space to be provided
between the rear line of a building and the rear lot laic. See also defuution of "setback line".
Orduiance # 1755: Effective February 20, 2009. page 80-28
18.80.2590 REQUIRED SIDE BUILDING LINE
The line nearest to the side and extending between the required front building line and required rear
building line establishing the nunimum open space to be provided between the side line of a building
and the side lot lute. See also definition of "setback line".
18.80.2600 REQUIRED YARD
The minimum dimension of a front, side or rear yard as established by the use regulations for each
district.
18.80.2610 RESTAURANT
my restaurant (except adrive-in restaurant or a convenience food restaurant as defined in this chapter),
coffee shop, cafeteria, short-order cafe, luncheonette, sandwich stand, drugstore and soda fountain
serving food.
18.80.2620 RETAIL
The rental or sale of tangible personal property for any purpose other than for resale.
18.80.2630 RETAIL, LARGE SCALE
The sale of tangible personal property for any purpose other than for resale where the total area utilized
by a single tenant, exclusive of parking, occupies 40,000 square feet or more.
18.80.2640 REVOLVING SIGN
r~ny sign which all, or a portion of, may rotate either on an intermittent or constant basis.
18.80.2650 RIDGELINE
.~ relatively narrow elevation that is prominent because it rises at an angle of 25 percent or greater; an
elongated crest, or series of crests, with or without individual peaks, significantly higher than the
adjoining ground and often acting as the hydrologic dividing line between t~~~o or more drainage areas.
18.80.2660 RIDGELINE PROTECTION AREA
r, ridgeline protection area is the area within 150 feet horizontal feet of a ridgeline, measured
perpendicular to the ridgeline when the ridgeline is:
.~. Located in an area above 4,900 feet in elevation above mean sea level; and
B. When the elevation of a line parallel to the ridgeline loses either:
1. .-fit least 10 feet in vertical elevation on both sides of the ridgeline within 100 feet; or
2. rat least 30 feet in vertical elevation on both sides of the ridgeline within 300 feet.
3. r, combination of the two standards where one side of the ridgeline meets one loss of
elevation standard and the opposite side meets the other.
18.80.2670 RIGHT-OF-WAY
A linear public way established or dedicated for public purposes by duly recorded plat, deed, easement,
grant, prescription, condemnation, governmental authority or by operation of the law and intended to
be occupied by a street, crosswalk, railroad, electric transmission lines, water line, satutaty sewer line,
stormsewer line or other similar uses.
18.80.2680 ROADWAY
That portion of the street or road right-of-way which is improved or is proposed to be improved to
carry traffic and provide for the on-street storage of automobiles; where curb is provided, the roadway is
measured from back-of--curb to back-of-curb.
Ordinance # 1755: Effective liebruaiy 20, 2009. page 80-29
18.80.2690 ROOF SIGN
Any sign erected and constructed on and over the roof of a building, supported by the roof srcucture,
and extending vertically above any portion of the roof. Roof signs shall not include signs located on a
mansard roof if the sign is mounted vertically and integrated with the roof. For the purpose of this
chapter, architecturally integrated mansard signs and other architecturally integrated signs located below
the principal roof line shall be classified as ~~all signs.
18.80.2700 SCHOOL
Any 1) pre-primary, primary or grammar, public, parochial or private school or high school; 2)
preparatory school or academe, public or founded, or owned or conducted by or under the sponsorship
of a religious or charitable organization; 3) private preparatory school or academy furnishing courses of
instruction substantially equivalent to the courses offered by public high schools for preparation of
admission to college or universities which award B.A. or B.S. degrees; 4) junior college or university,
public or founded, or conducted by or under the sponsorship of a religious or charitable organization;
or 5) private school when not conducted as a commercial enterprise for the profit of individual owners
or stockholders.
18.80.2710 SCREENING
A method of visually shielding or obscuring an abutting or nearby structure or use from another
through the use of solid or nearly solid barriers (e.g., wall, fence, plantings, berms).
18.80.2720 SECURITY LIGHTING
All outdoor lighting used for, but not limited to, illumination for ~~alkways, roadways, equipment yards,
parking lots and outdoor securing where general illumination for safety or security of the grounds is the
primary concern.
18.80.2730 SECOND OR SUBSEQUENT FRONT YARD OR CORNER SIDE YARD
A yard on a corner lot the area of which is bounded by a line extending from the front of the principal
building (the front building line) to a point intersecting the side street right-of--way line (side lot lire), ,
then along the side lot line to a point intersecting the rear lot line, then along the rear lot line to a point
intersecting the line formed by extending the wall of the nearest principal building paralleling the side lot
line.
18.80.2740 SETBACK
The distance from the property line to the nearest part of the applicable building, structure or sign,
measured perpendicularl}' to the property line.
18.80.2750 SETBACK LINE
That line that is the required milimum distance from the street right-of--way or public access easement
line or any other lot line that establishes the area within wlvch structures must be placed, as specified in
this title.
18.80.2760 SEWER, PUBLIC
Any sanitary sewer line owned and maintained by the City, whether or not installed by the Cit}'•
18.80.2770 SHARED ACCESS
A fixed automotive and pedestrian access location from a street to t<vo or more adjoiung properties
which mutually have the right and ability to use the access, and which has been established by an
easement or other legally bindiig means.
Ordinance # 1755: Effective February 20, 2009. page 80-30
18.80.2780 SHOPPING MALL
~ multi-tenant retail structure where tenants are located on both sides of a covered walkway with direct
pedestrian access to all establishments from the walkway.
18.80.2790 SIGN
Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or
writing to advertise, announce the purpose of, or identif~~ the purpose of a person or entity, or to
communicate information of any kind to the public.
18.80.2800 SIDE YARD
A yard extending bettiveen the front building line and the rear building line, the width of which is the
least distance between the side lot line and the nearest part of the principal building.
18.80.2810 SITE PLAN
A scale drawing showing the accurate location of all structures, streets, alleys and parking areas, existing
and proposed, on subject propert)> or any other information as may be required by this title.
18.80.2820 SMALL SCALE WIRELESS FACILITY
.~ wireless facilit~~ less than 25 feet in height from the base to the highest point including attachments.
Examples of supporting structures are monopoles, self supporting (lattice) towers, guy-wire supported
towers and other similar structures. When calculating the height of a facility, other structures designed
for other uses such as buildings or water towers shall not be included in the calculation. This definition
excludes those facilities meeting the definition of micro-scale wireless facility. Some illustrated examples
of locations for possible small scale wireless facilities are shown in the appendix.
18.80.2830 SMALL TREE
A tree of a species which normally reaches a height of less than 25 feet upon maturity.
18.80.2840 SOIL
A medium in which plants will grow.
18.80.2850 SPECIAL EVENT SIGN
A temporary sign which advertises special civic events and activities such as street fairs, communit}'
festivals, parades, farmers markets and charity benefits.
18.80.2860 SQUARE
Open space that may encompass an entire block, is located at the intersection of important streets, and
is set aside for civic purposes, and consists of paved walks, lawns, trees and civic builduigs.
18.80.2870 STABLE, COMMERCIAL
Any building or complex of buildings and pastures which is designed, arranged, used or intended to be
used for equestrian purposes, where less than 75 percent of the capacity is for the use of the owner or
resident of the propert<~. A public stable is an agricultural activiti)~.
18.80.2880 STABLE, PRIVATE
Any building located on a lot which is designed, arranged, used or intended to be used for not more
than four horses for the private use of the o~~mer of the lot, but shall not exceed 6,000 square feet in
area.
Ordinance # 1755: I~ffective February 20, 2009. page 80-31
18.80.2890 START OF CONSTRUCTION
The commencement of clearing, grading, filling or excavating to prepare a site for construction.
18.80.2900 STEALTH, OR CAMOUFLAGED
Placement of a wireless facility= iii such a way that it may not be discerned as being separate from the
principal use of a site. This may be accomplished through visual screening, use of color or encasement
of the facility within an existing structure such as a steeple. A stealth installation may also include the
placement of a new structure to contain the facility so long as the new structure complies with the
height, setback and other requirements of the zoning code or is otherwise exempt from those
requirements.
18.80.2910 STREET
A right-of-wa}~, dedicated or otherwise legally established, for public use by motorized and non-
motorized vehicles and pedestrians, usually affording the principal means of access to abutting property.
18.80.2920 STREET FRONTAGE
Any property line separating a lot from a street other than an alley; the front lot line.
18.80.2930 STREET, PUBLIC
Any street which has been dedicated to or is otherwise publicly owned. Any street not a public street
shall be deemed a private street.
18.80.2940 STREET TYPES
For the purposes of these regulations, street types are defined as follows:
A. Allev. A street used primarily for vehicular access to the rear of properties which abut and are
served by public or private streets.
B. Arterial. A street or road having the primary function of moving traffic with emphasis on a high
level of mobility for through movement and the secondary function of providing limited access
to adjacent land. Arterial streets are generall}' designated u1 the Bozeman transportation plan,
however, streets not depicted in the Bozeman transportation plan may be designated as arterials
by the City Engineer.
1. Principal Arterial. Sen=es the major centers of activity, the highest traffic volume
corridors, and the longest trip distances in an urbanized area. This group of streets
carries the highest proportion of the total traffic within the urban area with typical loads
of 10,000 to 35,000 vehicles per day. Most of the vehicles entering and leavuig the urban
area, as well as most through traffic bypassing the central business district, utilize
principal arterials. Significant intra-area travel, such as bet`veen central business districts
and outlying residential areas, and between major suburban centers, are sei-~=ed by major
arterials.
2. Minor Arterial. Interconnects with and augments the urban principal arterial system. It
accommodates trips of moderate length and at a somewhat lower level of travel mobility
than principal arterials, and it distributes travel to smaller geographic areas. With an
emphasis on traffic mobility, this street network includes all arterials not classified as
principal arterials while providing access to adjacent lands. 1~linor arterials typically carry
5,000 to 15,000 vehicles per da}=.
G Collector. A street or road that provides equal priority to the movement of traffic, and to the
access of residential, business and industrial areas. This ty=pe of roadway differs from those of
the arterial system in that the facilities on the collector system may traverse residential
Ordinance # 1755: Effective February 20, 2009. page 80-32
neighborhoods. The system distributes trips from the arterials to ultimate destinations. The
collector streets also collect traffic from local streets in the residential neighborhoods,
channeling it into the arterial system. Collectors typicall}' carry 2,000 to 10,000 vehicles per day.
Collector streets are n•picallv designated in the Bozeman transportation plan, however,
additional streets may be designated as collectors by the City Engineer.
D. Cuh-de-sac. ~ street having only one outlet for vehicular traffic and terminating in a turnaround
area.
E. Dead-End Street. r1 street having only one outlet for vehicular traffic.
F. Half-Street. A portion of the width of a street, usually along the outside perimeter of a
subdivision, where the remaining portion of the street must be located on adjacent property.
G. Local Streets. r1 street having the primarS~ purpose of permitting access to abutting lands and
connections to higher systems. Generally, service to higher speed traffic movements are
intentionally discouraged. They typically cant' 1,000 to 3,000 vehicles per day but can carry ul
excess of 6,000.
H. LOOP. r, local street which begins and ends on the same street, generally used for access to
properties and to control traffic access to arterials or collectors.
18.80.2950 STRUCTURE
anything constructed or erected which requires location on the ground; and for the purposes of
floodplain review anytlvng which may impede, retard or alter the pattern of flow of water ui a
floodplain.
18.80.2960 STRUCTURAL ALTERATION
my change in the supporting members of a building, such as bearing walls or partitions, columns,
beams or girders, or any change in the exterior walls or the roof.
18.80.2970 SUBDIVIDER
~~ny person, firm, corporation or other entity who causes land to be subdivided or who proposes a
subdivision of land.
18.80.2980 SUBDIVISION
<~ division of land or land so divided that it creates one or more parcels containing less than 160 acres
that cannot be described as cone-quarter aliquot part of a United States government section, exclusive
of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased or
otheitivise conveyed, and shall include any resubdivision, and shall further include any condominium or
area, regardless of its size, that provides or will provide multiple space for recreational camping vehicles
or manufactured homes. r1 subdivision shall comprise only those parcels less than 160 acres that cannot
be described as aone-quarter aliquot part of a United States government section when the parcels have
been segregated from the original tract, and the plat thereof shall show all such parcels whether
contiguous or not.
18.80.2990 SUBDIVISION OR DEVELOPMENT CONSTRUCTION YARD
A temporary office and/or vehicular and material storage }'ard.
18.80.3000 SUBSTANTIAL DAMAGE
Damage sustained by a structure where the cost of restoring the structure to its condition before damage
would equal or exceed 50 percent of the market value of the structure before the damage occurred as
detennined by Uallatu7 County's last equalized assessment roll.
Ordinance # 1755: Effective Februai~~ 20, 2009. page 80-33
18.80.3010 SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either:
A. Before the improvement or repair is started; or
B. If the structure has been damaged, and is being restored, before the damage occurred. For the
purposes of this definition, substantial improvement is considered to occur when the first
construction to any wall, ceiling, floor or other structural part of the building commences. The
term does not include:
1. Any project for improvement of a structure to comply with existing state or local health,
sanitary or safety code specifications which are solely necessary to assure safe liviig
conditions, or
2. Any alteration of a structure listed on the National Register of Historic Places or State
Inventory of 1-listoric Places.
18.80.3020 SUITABLE FILL
Fill material which is stable, compacted, well-graded, pervious, generally unaffected by water and frost,
devoid of trash or similar foreign matter, devoid of tree stumps or other organic material and is fitting
for the purpose of supportiig the intended use and/or permanent structure.
18.80.3030 SURVEYOR (REGISTERED LAND SURVEYOR)
A person licensed in conformance with the Montana Professional Engineers, Registration Act (~37-67-
101 through X37-67-332, MCA) to practice sui-~~eying in the State of Montana.
18.80.3040 SWAP MEET
Any permanent or temporary sales or lot where the sale or trade of goods, materials and merchandise
takes place outside any permanent structure, from withii temporary structures or from vehicles and
where several sellers or traders may congregate for the purpose of selling or trading.
18.80.3050 TEMPORARY USE
.~ use established for a fixed period of tine with the intent to discontinue such use upon the expiration
of the time period.
18.80.3060 TRANSIT STOP
Improvements and facilities at selected points along transit routes for passenger pickup, drop off and
waiting. Facilities and improvements may include shelters, benches, signs, structures and other
improvements to provide security, protection from the weather and access to nearby sei~=ices.
18.80.3070 TOWNHOUSE
A dwelling unit, located on its own lot, that shares one or more common or abutting walls with one or
more dwelling units, each located on its own lot. A townhouse does not share common floors/ceilings
with other dwelling units.
18.80.3080 TOWNHOUSE CLUSTER
A building consistiig of three or more noncommuivcating, attached one-household units placed side by
side and/or back to back, with no unit located o~Ter another, and having a common wall between each
two adjacent dwelling units.
Ordinance # 1755: Effective February 20, 2009. page 80-34
18.80.3090 TRACT OF RECORD
An individual parcel of land, irrespective of ownership, that can be identified b}' legal description,
independent of an~~ other parcel of land, using documents on file in the records of the County Clerk and
Recorder's Office.
18.80.3100 UNIFORMITY RATIO
In outdoor lighting, a measure indicating how evenly light is distributed across a surface as expressed in
a ratio of one value to another, such as average to minimum, or maximum to minimum. Using ratios,
perfect uniformity would be 1:1.
18.80.3110 USE
"The employment or occupation of a building, structure or land for a person's service, benefit or
enjoyment.
18.80.3120 VARIANCE
A modification or variation of the provisions of this title as applied to a specific piece of property.
18.80.3130 VIOLATION
The failure of a structure, subdivision, use of land or other development to be fully compliant with this
title.
18.80.3140 WALL SIGN
An}~ sign painted on, attached to or erected against the wall of a building, structure, canopy or awning
with the exposed face of the sign parallel to the plane of said wall or structure. The sign must be
attached in a manner so that it does not extend 6 inches beyond the wall.
18.80.3150 WAREHOUSE
An enclosed building designed and used primarily for the storage of goods and materials.
18.80.3160 WATERCOURSE
Any stream, river, creek, drainage, waterway, gully, ravine or wash in which some or all of the water is
naturally occurring, such as runoff or springs, and which flows either continuously or intermittently and
has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by
reason of overflow.
In the event of a braided or other multiple channel configuration of a watercourse, the area of the
watercourse shall be that area lying bet1~=een the ttvo outermost high water marks, as defined in this title.
The term watercourse shall not be construed to mean any facilit}~ created exclusively for the conveyance
of irrigation water or stormwater. The Cin~ may consult with other agencies with expertise in this matter
when there is a question of whether a particular water body is a watercourse.
18.80.3170 WETLAND
areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions, ilicluding swamps, marshes, bogs and similar areas. The provisions
contained in these regulations do not apph~ to wetlands created by a wholly man-made water source
used for irrigation purposes or stormwater control.
18.80.3180 WHOLESALE
The sale of goods and merchandise for resale instead of for direct consumption.
Ordinance # 1755: Effective Februai~- 20, 2009. page 80-35
18.80.3190 WILDLIFE
Animals that are neither human, domesticated, nor feral descendants of commonly domesticated
animals.
18.80.3200 WILDLIFE HABITAT
The place or type of habitat where wildlife naturally lives.
18.80.3210 WINDOW SIGN
Any sign painted, attached, glued or otherwise affixed to a window for the purpose of being visible from
the exterior of the building.
18.80.3220 WIRELESS FACILITY
An unstaffed facilit}' for the transmission or reception of radio frequency (RF), microwave or other
signals for commercial communications purposes, typically consisting of an equipment enclosure, an
antenna support structure and one or more antennae. This definition excludes amateur radios, Essential
Services (Type I), satellite earth stations and private receive-only antennae, such as for the reception of
television signals.
18.80.3230 WRECKING YARD
.~ place, lot or area where the primary function is that of dismantling, storage, abandonment or sale of
goods and materials as parts or scraps.
18.80.3240 YARD
A space on the same lot with a principal building, which is open and unoccupied from the ground
upward or from the ground downward other than by steps, walks, terraces, driveways, lamp posts and
similar structures, and unobstructed by structures, except as otherwise provided in this title.
18.80.3250 ZONING COMMISSION
The Bozeman Zoning Comnnission.
18.80.3260 ZONING MAP
A map or maps with all notations, dimensions, references and symbols shown thereon depicting
individual zoned districts in accordance with this title.
Ordinance # 1755: Effective Februai-}~ 20, 2009. page 80-36