HomeMy WebLinkAboutBozeman Zone Code, 1991 PROVISIONAL ADOPTION
BOZEMAN ZONING ORDINANCE
AUGUST 19 , 1991
TITLE 18
BOZEMAN ZONING ORDINANCE
Chapter Page
GENERAL PROVISIONS
18 . 02 GENERAL PROVISIONS 1
18 . 04 DEFINITIONS 2
18 . 06 ZONING DISTRICTS AND ZONING MAPS 22
18 . 08 APPLICATION OF REGULATIONS 26
DISTRICT REGULATIONS
18 . 10 A-S AGRICULTURE SUBURBAN DISTRICT 27
18 . 12 R-S RESIDENTIAL - SUBURBAN COUNTRY ESTATES
DISTRICT 30
18 . 14 R-1 RESIDENTIAL - SINGLE FAMILY, LOW DENSITY
DISTRICT 33
18 . 16 R-2 RESIDENTIAL, SINGLE FAMILY, MEDIUM DENSITY
DISTRICT 35
18 . 17 R-2a RESIDENTIAL, SINGLE FAMILY, MEDIUM DENSITY
DISTRICT 36
18 . 18 R-3A RESIDENTIAL, TWO FAMILY, MEDIUM DENSITY
District 37
18 . 20 R-3 RESIDENTIAL, MEDIUM - DENSITY DISTRICT39
18 .24 R-4 RESIDENTIAL, HIGH - DENSITY DISTRICT 41
18 . 26 R-0 RESIDENTIAL - OFFICE DISTRICT 43
18 . 28 B-1 NEIGHBORHOOD SERVICE DISTRICT 45
18 . 30 B-2 COMMUNITY BUSINESS DISTRICT 47
18 . 32 B-3 CENTRAL BUSINESS DISTRICT 51
18 . 34 M-1 COMMERCIAL - LIGHT MANUFACTURING DISTRICT55
18 . 36 M-2 MANUFACTURING AND INDUSTRIAL DISTRICT 58
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TITLE 18
BOZEMAN ZONING ORDINANCE
(continued)
Chapter Page
18 . 38 BP BUSINESS PARK DISTRICT 60
18 . 39 PLI PUBLIC LANDS AND INSTITUTIONS DISTRICT62
18 . 40 HISTORIC MIXED USE DISTRICT 64
18 . 41 R-MH SINGLE FAMILY MOBILE HOME DISTRICT 66
OVERLAY DISTRICT REGULATIONS
18 . 42 NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT71
18 . 43 BOZEMAN AREA ENTRYWAY OVERLAY DISTRICT 79
18 . 44 FLOOD HAZARD DISTRICT 86
STANDARDS AND PROCEDURES
18 . 50 GENERAL BUILDING AND DEVELOPMENT STANDARDS104
18 . 51 DESIGN REVIEW BOARD (DRB) AND DEVELOPMENT
REVIEW COMMITTEE (DRC) 172
18 . 52 SITE PLAN APPROVAL 176
18 . 53 CONDITIONAL USE PROCEDURE 190
18 . 54 PLANNED UNIT DEVELOPMENT 193
18 , 55 TEXT AMENDMENT AND REZONING CHANGES 229
18 . 56 VARIANCE AND ADMINISTRATIVE INTERPRETATION
APPEAL PROCEDURES 232
18 . 58 PLAN APPEALS PROCEDURE 238
18 . 62 ADMINISTRATION, PERMITS AND FEES 241
18 . 65 BOZEMAN AREA SIGN CODE 246
18 . 70 VIOLATION, PENALTIES AND SEPARABILITY 282
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CHAPTER 18 . 02
GENERAL PROVISIONS
18 . 02 . 010 CITATION OF ORDINANCE.
This Ordinance shall be known and cited as the Zoning Ordinance of
the City of Bozeman, except when cited herein, where it shall be
referred to as "this Ordinance" .
18 . 02 . 020 INTERPRETATION AS MINIMUM REQUIREMENTS.
In their interpretation and application, the provisions of this
Ordinance shall be held to be minimum requirements adopted for the
promotion of the health, safety, and general welfare of the
community. Wherever the requirements of this Ordinance are at
variance with the requirements of any other lawfully adopted rules
or regulations, or wherever there is an internal conflict within
this Ordinance, the most restrictive requirement, or that imposing
the higher standards , shall govern.
In the case of a difference of meaning or implication between the
text of this Ordinance and the captions or headings for each
section, the text shall control .
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CHAPTER 18 . 04
DEFINITIONS
18 . 04 . 010 DEFINITION OF TERMS
All words in this Ordinance shall be first defined as provided
herein and, if not defined herein, shall be defined as in The
Illustrated Book of Development Definitions by Harvey S . Moskowitz
and Carl G. Lindbloom, 1981, and if not defined in The Illustrated
Book of Development Definitions, shall have their customary
dictionary definitions . For the purposes of this Ordinance certain
words and terms used herein are defined as follows :
Words used in the present tense include the future tense; words
used in the singular include the plural, and words used in the
plural include the singular; the word "shall" is always mandatory,
the word "person" includes a firm, association, organization,
partnership, trust, corporation or company, as well as an
individual; the word " lot" includes the words "plot" or "parcel" ;
the word "building" includes the word "structure" ; the words "used"
or "occupied, " as applied to any land or building, shall be
construed to include the words "intended, arranged, or designed to
be used or occupied" ; the words "map" or "zoning map" mean the
Zoning Map(s ) of the zoning jurisdiction of the City of Bozeman
that delineate the area to be governed by these regulations .
Access or Access Way: The place, means or way by which pedestrians
and vehicles shall have adequate and usable ingress and egress to
a property or use as required by this Ordinance.
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 in a substantial manner
as by a roof, such accessory building shall be counted as part of
the principal building. Individual public utility installations
above ground are considered accessory buildings .
Administrative Officer: The person designated by City Commission
or City Manager to be responsible for assuring compliance with this
Ordinance.
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 Section 45-8-201 (2 ) , M.C.A. Adult
business as defined herein shall include, but need not be limited
to, adult book stores, adult motion picture theatres, rap studios,
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massage parlors, exotic dance studios, nude art studios, nude
photographic studios and nude body painting studios .
Agricultural Activity: The cultivation of the soil or the raising
of livestock and all activities incidental thereto. The terms
"farming" and "ranching" shall be interchangeable for purposes of
this Ordinance. The term "agricultural activity" shall not include
the raising of produce primarily intended for on-premise
consumption.
Airfield, Personal Use: Any facility which is privately owned and
operated, and designed, used or intended to be used by the airfield
owner' s private aircraft.
Airport: A licensed facility where commercial, military and
private aircraft may land or take off and where additional space
is provided for repairs, services, storage facilities , and offices,
and buildings for administration and passenger convenience.
Alley: A permanent public thoroughfare providing a secondary means
of access to abutting lands .
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. The short-term interior boarding
is permitted.
Apartment: A room or suite of two or more rooms located in an
apartment building or in non-residential districts as specified in
this Ordinance. Efficiency units shall qualify as an apartment
under this definition.
Apartment Building: A building other than a hotel or motel
containing five (5 ) or more dwelling. units .
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 aban-
donment of motor vehicles or parts thereof .
Auto Salvage Yard: A junkyard primarily containing inoperable
vehicles . (See Junkyard)
Automobile Service Station: An establishment with the primary
business function of the retail sale of gasoline for passenger car
use with or without minor service and repair work incidental to the
operation of passenger automobiles .
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Automobile Washing Establishment: A building which has its primary
purpose as washing automobiles . Such facilities shall be
considered incidental to automobile service stations if not more
than one auto may be washed at one time and if the service station
is clearly the principal use.
Bar (Tavern, Cocktail Lounge) : An establishment where alcoholic
beverages are served on premises and where the total sales of
alcohol exceeds the total sales of food.
Basement: A portion of a building located partly underground but
having not less than half its floor-to-ceiling height below the
average grade of the adjoining ground.
Bed and Breakfast: See Lodging House.
Board: The Bozeman City-County Planning Board; The appointed body
responsible for making recommendations to the City Commission
relative to this Ordinance and the zoning jurisdiction of the City
of Bozeman.
Boarding House: See Lodging House.
Building: Any structure having enclosed space and a roof for the
housing and/or enclosure of persons, animals or chattels, except
mobile homes, recreational vehicles and mobile offices .
Building Area: The maximum horizontal projected area of the
principal and accessory building, excluding open steps, terraces,
and architectural appurtenances projecting not more than two feet.
Building area, as that portion of a lot upon which construction is
permitted, is as follows : That area of a lot that lies within the
boundaries of the front, side and rear yard setback requirements
measured from the actual lot line.
Building Envelope: That area of a lot lying between the front,
rear, and side yard setback lines and between ground level and the
maximum allowable building height, amounting to the 3-dimensional
area available for potential building construction.
Building, Front Line of: The line of the face of a building
nearest the front lot line.
Building, Height of: The vertical distance of a building as
measured from the average elevation of the finished grade within
20 feet of the structure to the highest point of the coping of a
flat roof, or to the deck line of a mansard roof, or to the mean
height level between eaves and ridges for gable and hip or gambrel
roofs .
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Building Line, Required Front: The line nearest to the front and
across a lot establishing the minimum open space to be provided
between the front line of a building and the front lot line. See
also definition of setback line.
Building Line, Required Rear: The line nearest to the rear and
across a lot establishing the minimum open space to be provided
between the rear line of a building and the rear lot line. (See
also "setback line. " )
Building Line, Required Side: The line nearest to the side and
extending between the required front building line and required
rear building line establishing the minimum open space to be
provided between the side line of a building and the side lot line.
( See also "setback line. " )
Building, Principal: A building in which is conducted the main,
or principal, use of the lot on which said building is situated.
Building, Public: A building, supported by government funds, to
be used in an official capacity on behalf of the entire community.
Business: The engaging in of the purchase, sale, barter or
exchange of goods, wares, merchandise or service; the maintenance
or operation of offices or recreational or amusement enterprises .
Camp Ground: Any area of land used to temporarily accommodate two
or more camping parties , including cabins, tents, recreational
vehicles or other camping outfits .
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 . Said structure shall be
considered as an accessory building when detached from the
principal building and as a part of the principal building when
attached to the principal building along one or more sides of the
carport or principal building.
Casino: An establishment whose primary use or activity is
gambling, either in the form of gambling machines (video poker,
keno, etc. ) , card games, or other licensed gambling activity. A
casino will normally have beverage and restaurant facilities as
ancillary uses . In all instances, an establishment will be
considered a casino for the purpose of these regulations if any of
the following characteristics apply:
1 . The establishment is referenced as a "casino" by signage
or by name;
2 . More than one card table is on the premise;
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3 . Fifteen or more gambling machines are on the premise; or
4 . The predominant source of income is from gambling
revenue.
Generally, an establishment will not be considered a casino when
the premise contains no live card games, has less than six ( 6)
gambling machines, and the gambling devices are clearly incidental
to the primary use of the establishment.
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.
Child: A person under 12 years of age.
Church: A building, together with its accessory buildings and
uses, where persons regularly assemble for religious worship, and
which building, together with its accessory buildings and uses, is
maintained and controlled by a religious body organized to sustain
public worship.
City: The City of Bozeman.
Club, Private (Non-Profit) : A non-profit association of persons
who are bona fide members paying annual dues which owns, hires, or
leases a building, or a portion thereof; the use of such premises
being restricted to members and their guests .
Commission, City: The governing body of the City of Bozeman and,
when involving issues of this Ordinance, the zoning jurisdiction
of the City of Bozeman.
Community Residential Facility: A single residential structure
having common kitchen facilities occupied by eight or fewer persons
having developmental disability and living together for the purpose
of residential training, observation, and/or common support, in
which care is provided on a twenty-four hour per day basis . The
limitation of eight or fewer persons does not include the operator
of a residential facility, members of the operator' s family or
persons employed as staff, except that the total number of all
persons living at the residential facility shall not exceed ten.
Conditional Use Permit: Legal authorization to construct, develop
or operate a conditional use as defined by this Ordinance .
Condominium: A building or group of buildings in which units are
owned individually and the structure, common areas and facilities
are owned by all owners on a proportional, undivided basis .
Condominiums may be residential, commercial or industrial in
nature.
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Convenience-Food Restaurant: An establishment whose principal
business is the sale of foods, frozen desserts, or non-alcoholic
beverages to the consumer in a ready-to-eat state for consumption
either within the premises or for carry-out with consumption either
on or off the premises and whose design or principal method of
operation includes both of the following characteristics :
1 . Foods , frozen desserts, or non-alcoholic beverages are
usually served in edible containers or in paper, plastic,
or other disposable containers .
2 . The customer is not served food at his/her table by an
employee but receives it at a counter, window, or similar
facility for carrying to another location for consumption
either on or off the premises .
Convenience Use: Convenience uses are 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 :
1 . Retail motor fuel is sold.
2 . The primary business is the sale of food or drink for
consumption, either on or off premises, over a counter,
or from an outdoor service window or automobile service
window. Of the food and drink sold, at least 20 percent
is in disposable or carry-out containers .
3 . Drive-in and drive-through restaurants .
Day Care Center: A place in which supplemental parental care is
provided to thirteen or more children on a regular basis and which
is licensed by the Department of Family Services .
Day-Care Home, Family: A private residence in which supplemental
parental care is provided to three to six children from separate
families on a regular basis and which is registered by the
Department of Family Services .
Day-Care Home, Group: A private residence in which supplemental
parental care is provided to seven to twelve children on a regular
basis and which is registered by the Department of Family Services .
Density, Gross : The number of residential dwelling units per unit
of land.
Density, Net Residential : The number of residential dwelling units
per unit of land, excluding any land used or to be used as arterial
street rights-of-way or private non-residential uses . For
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calculating Net Residential Density, the following formula shall
apply:
D = du
A-(c+i+s+a)
Where D = Residential density
du = Total number of dwelling units in project
A = Total site area (acres )
c = Total commercial land area (acres )
i = Total industrial land area (acres )
s = Reserved but undedicated school or park sites (acres )
a = Street rights-of-way (acres)
Design Review Board: That Board appointed by the City Commission,
charged with the review of certain plans and proposals as specified
in this ordinance.
The Board shall consist of six ( 6) professional and one ( 1 ) non-
professional members as follows : Professional members degreed in
their respective disciplines or the substantial equivalent thereof
-- four architects, one architectural historian, and one landscape
architect or landscape designer; Non-professional members -- an
individual with a demonstrated interest in and knowledge of urban
design and/or historic preservation. No member of the Design
Review Board shall serve concurrently as a member of the Bozeman
City-County Planning Board. The presence of three (3 ) professional
members at a Design Review Board meeting shall constitute a
quorum. "
Development: Any manmade change to improve or alter real estate,
including but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation, or drilling
operations .
Development Review Committee: That Committee charged with the
expressed intent of reviewing all plans and proposals .
The Committee shall at a minimum be composed of the following
personnel : Director of Public Service or designee, Fire Marshall
or designee, the Superintendent of Streets/Garbage or designee,
the Superintendent of Water/Sewer or designee, the City-County
Planning Director or designee, and the Building Official or
designee. When necessary, other members of the Committee may
include: the Police Chief or designee, the Superintendent of
Parks/Cemetery or designee, the Recreation Superintendent or
designee, the City Manager or designee, with other individuals to
be included as necessary at the City-County Planning Director' s
request.
When applicable, County personnel may be included on the Committee,
including the County Subdivision Review Officer or designee, the
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County Sanitarian or designee, the County Road Superintendent or
designee, with other individuals to be included as necessary at the
County Commission' s request.
Deviation: A modification or variation of the provisions of this
Ordinance as applied to a specific piece of property located within
the Neighborhood Conservation Overlay District or Entryway Corridor
Overlay District. No deviation regarding use of property may be
permitted. A deviation may be permitted only by the City
Commission.
Drive Access: That area between the curb of a street, or edge of
the traveled portion of a street when no curb exists, and the
right-of-way/property line over which the City will permit
vehicular travel from the traveled portion of a street to an
individual property, or off-street parking space(s ) .
Drive-In Business: Any business in which people are provided a
service or a product, where a sale is made without the customer
being required to leave the vehicle. Such businesses include, but
are not limited to, the following: drive-in theater, drive-in bank,
free standing automated teller machine, drive-in laundry or dry-
cleaning pickup station, drive-in restaurant, and any business
offering "take-home" food services .
Duplex: See Dwelling, Two-Family.
Dwelling: A building, or portion thereof, capable of meeting the
requirements of the City' s adopted Uniform Building Code, used
primarily for residential occupancy, including single-family, two-
family, multiple family dwellings and group homes, but not
including hotels , motels, or tourist homes .
Dwelling, Single-Family: A building used for residential occupancy
by one family.
Dwelling, Two-Family: A building, or portion thereof, used for
occupancy by two families living independently of each other with
the units completely separated by a common wall, floor and/or
ceiling. Also referred to as "duplex. "
Dwelling, Multiple (Multi-Family) : A building, or portion thereof,
used for occupancy by three or four families living independently
of each other, with the units completely separated by a common
wall, floor and/or ceiling.
Dwelling Unit: A dwelling, or portion of a dwelling, used by one
household for residential purposes .
Essential Services (Type I) : Water pumping stations; storm water
drainage facilities (including collection lines, retention/
detention ponds and drainage ways) ; sanitary sewer and storm sewer
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lift stations; local service telephone lines and cables; local
service 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; public and amateur radio antennae and towers .
Essential Services (Type II) : Television and radio broadcasting
transmitters; transport gas, oil, and coal pipelines (interstate
and intrastate) ; electric substations; electrical transmission
lines ( interstate and intrastate) ; public supply facilities
(electric and gas ) ; public treatment facilities (water, sanitary
sewer and storm sewer) ; public domestic water storage facilities;
water fill stations for fire fighting equipment; commercial radio
antennae and towers; telephone satellite community dial offices;
telephone exchanges and repeater stations; other accessory
facilities, equipment and structures; police and fire stations .
Family: Any individual, or two or more persons related by blood
or marriage, or a group of not more than four persons ( excluding
servants) who need not be related by blood or marriage, living
together as a single non-profit housekeeping unit.
Fence: A barrier constructed of materials erected for the purpose
of protection, confinement, enclosure or privacy.
Final Approach and Take Off Area (FATO) : A defined area over which
the final phase of the approach maneuver to hover or landing is
completed and from which the takeoff maneuver is commenced.
Floodplain: All floodplain-related definitions can be found in
Section 18 . 44, Flood Hazard District, of this Code.
Floor Area, Gross: The sum of the gross horizontal areas of the
several floors of a building measured from the exterior face of
exterior walls, or from the centerline of a wall separating two
buildings, but not including interior parking spaces, loading space
for motor vehicles, or any space where the floor-to-ceiling height
is less than six feet.
Floor Area, Net: The total of all floor areas of a building,
excluding stairwells and elevator shafts, equipment rooms, interior
vehicular parking or loading; and all floors below the first or
ground floor, except when used or intended to be used for human
habitation or service to the public .
Floor Area Ratio (FAR) : The gross floor area expressed in square
feet divided by the total amount of land of the site or parcel,
also expressed in square feet, where the floor area is located.
Garage, Private: A detached accessory building, or portion of a
main building, designed or primarily used for the storage of self-
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propelled vehicles for the family housed in the building to which
such garage is accessory.
Garage, Public: Any building or premises, except those defined
herein as a private garage, used for the storage or care of motor
vehicles; or where such vehicles are equipped for operation,
repaired, or kept for rental, hire, or sale.
Grade: The average level of the finished ground surfaces
surrounding a building, within a distance of 20 feet.
Greenhouse: A building or structure constructed chiefly of glass,
glass-like translucent material, cloth, lath or similar materials
which is devoted to the protection or cultivation of flowers or
other plants .
Greenhouse Commercial : (See Nursery, Plant) .
Ground Floor Area: The square foot area of a building within its
largest outside dimension computed on a horizontal plane at the
ground floor level, exclusive of open porches , breezeways,
terraces, garages, exterior stairways, and secondary stairways .
Group Home: A single, residential structure having common kitchen
facilities occupied by not more than eight persons living together
for the purpose of training, observation, and/or common support on
a twenty-four hour per day basis . The limitation of eight or fewer
persons does not include the operator of a residential facility,
members of the operator' s family or persons employed as staff,
except that the total number of all persons living at the
residential facility shall not exceed ten.
Guest House: An attached or detached accessory building used to
house guests of the occupants of the principal building, and which
is never rented or offered for rent . Any guest house providing
cooking facilities shall be considered a dwelling unit.
Health and Exercise Establishments: An establishment designed and
equipped for the conduct of sports , exercise activities, and other
customary and usual recreational activities, including tennis,
racquetball, handball and squash courts, weight and aerobic
exercise rooms, running facilities , swimming pools, and whirlpool
and sauna facilities . Permitted accessory uses shall include child
care, sun tanning booths, massage, health and nutrition counseling
services, retail sales of sporting goods, and restaurant services .
Heliport: An identifiable area on land, water or structure,
including atop any building or facility, used for the landing and
takeoff of helicopters .
Home Occupation or Profession: Any use conducted entirely within
a dwelling, which use is clearly incidental and secondary to the
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use of the dwelling for residential purposes and which meets the
requirements of this Ordinance.
Hospital: An institution for the diagnosis, treatment, or other
cure of human ailments and includes sanitarium or clinic, provided
such institution is operated by, or treatment is given, under
direct supervision of a physician licensed to practice by the State
of Montana.
Hotel or Motel : A building or a group of buildings , in which
lodging is provided and offered to transient guests for
compensation; shall not include a boarding, lodging or rooming
house.
Incidental : Any action or use of less importance, or secondary
to, any other action or use.
Industry, Heavy: Those industries whose processing of products
results in the emission of any atmospheric pollutant, light
flashes, or glare, odor, noise, or vibration which may be heard
and/or felt off the premises and those industries which constitute
a fire or explosion hazard.
Industry, Light: Those industries whose processing of products
results in none of the conditions described for heavy industry.
Junk Yard: Any place at which personal property is or may be
salvaged for reuse, resale, or reduction or similar disposition
and is owned, possessed, collected, accumulated, dismantled or
sorted, including but not limited to: use of salvaged base metal
or metals, their compounds or combinations; used or salvaged rope,
bags, rags, glass , rubber, lumber, millwork, brick, automobiles,
and similar property which are used, owned, or possessed for the
purpose of wrecking or salvaging parts therefrom.
Loading and Unloading Bays: The off-street area required for the
receipt of or distribution, by vehicles, of material or
merchandise.
Lodging House: A building with more than two but not more than
ten guest rooms where lodging with or without meals is provided
for compensation. Also referred to as "bed and breakfast" or
"boarding" house.
Lot: A piece, parcel, plot, tract, or area of land occupied or
capable of being occupied by one or more principal buildings, and
the accessory buildings or uses customarily incidental to them,
and including the open spaces required under this Ordinance, and
having its principal lot frontage on a street.
Lot Area: The total horizontal area within the boundary lines of
a lot.
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Lot, Corner: A lot at a junction of and fronting on two or more
intersecting streets .
Lot, Interior: A lot other than a corner or through lot.
Lot, Through: A lot having frontage on two parallel or
approximately parallel streets .
Lot Coverage: The percentage of the lot area covered by buildings .
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 .
Lot Line, Front: In the case of an interior lot, a line separating
the lot from the street, in the case of a corner lot, a line
separating the narrowest street frontage of the lot from the street
and in the case of a through lot, a line separating the lot from
the street from which a drive access may be permitted by the City.
Lot Line, Rear: A lot line which is opposite and most distant from
the front lot line and, in the case of an irregular or triangular
shaped lot, a line ten ( 10 ) feet in length within the lot, parallel
to and at the maximum distance from the front lot line.
Lot Line, Side : Any lot boundary line not a front lot line or a
rear lot line.
Lot Line, Zero: A concept utilized to permit a wall of a building
to be located on a property line.
Lot Width: The distance as measured in a straight line, between
side lot lines at the points of intersection with the required
front building line.
Manufactured Home: See mobile home
Manufacturing: The creation of products either with machinery or
by hand according to an organized plan and with the division of
labor.
Manufacturing, Light: Fabrication of and/or assembly of goods from
previously prepared materials .
Master Plan: The Bozeman Area Master Plan.
Medical Offices, Clinics, and Centers: An establishment where
patients are admitted for special study and treatment by licensed
health care professionals .
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Mining: The extraction of sand, gravel, or other material from
the land in the amount of 400 cubic yards or more and the removal
thereof from the site without processing.
Mobile Homes: (also manufactured home) A factory-assembled
structure or structures, exceeding eight ( 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 (their) own running gear and designed to be used as a dwelling
unit( s) without a permanent foundation, whether or not said running
gear has been removed.
Mobile Home Park: Any plot of ground upon which two or more mobile
homes, occupied or intended to be occupied for dwelling or sleeping
purposes, are located.
Mobile Home Space: A plot of ground within a mobile home park
designed for the accommodation of one mobile home.
Mobile Home Stand: That portion of an individual mobile home space
which has been reserved for the placement of a mobile home and
structures or additions appurtenant to the mobile home.
Mobile Office: A factory-assembled structure or structures
exceeding eight ( 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 (their) own running gear
and designed to be used as an office without a permanent
foundation, in compliance with all applicable state regulations ,
whether or not said running gear has been removed.
Model Home: A home constructed to display a builder' s for sale or
lease units but which does not serve as a dwelling unit until sold
as a residence.
Modular or Sectional Home: A dwelling unit mass-produced in a
factory, designed and constructed for transportation to a site for
occupancy when connected to the required utilities and when
permanently anchored to a permanent foundation, and whether
intended for use as an independent, individual unit or in
combination with other units to form a larger building.
New Construction: Development commenced on or after the effective
date of this Ordinance.
Noxious Matter or Material: Material capable of causing injury to
living organisms by chemical reaction or capable of causing
detrimental effects on the physical or economic well-being of
individuals .
Non-Conforming Use : ( See Use, Non-Conforming) .
Provisional Adoption 08/19/91 14
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 .
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 .
Offices: Structures, or portions of structures, in which
commercial activities take place but where goods are not produced,
sold, or repaired. These include: general and professional
offices; governmental offices; insurance offices; real estate
offices; taxi-cab offices, but not taxi stands; travel agency or
transportation ticket offices; telephone exchange; utility offices;
radio broad-casting and similar uses .
Open Sales (or Rental) Lot : Any land used or occupied for the
purpose of buying, selling, or renting for use away from the
premises, any goods, materials, or merchandise, and for the
exterior storing of same prior to sale or rental .
Open Space, Useable: That space which is capable of being used by
the public for recreation, relaxation and social purposes . Parking
lots and perimeter landscaping are specifically excluded from this
definition of useable open space.
Overlay Zone: A zone superimposed upon an underlying zone which
establishes special requirements in addition to, or in lieu of,
those of the underlying zone.
Parking Area: An area, other than a street or alley designated
for use, or used, as temporary parking of vehicles .
Parking Space, Off-Street: A space designated for the temporary
parking of a motor vehicle not on the right-of-way or alley but
accessible from a street or alley.
Party Wall : Any wall of a building or structure which is common
to two or more buildings, and which has a minimum of 1 hour fire
resistant construction by Uniform Building Code .
Paved Parking Space or Surface: An area covered by an impervious
dust free surface of asphalt or concrete designed to specifications
of the Director of Public Service.
Personal and Convenience Services: Businesses offering services
such as barber shops, beauty shops, shoe repair, laundromats,
laundry and dry cleaning pickup and delivery stations , and similar
uses .
Provisional Adoption 08/19/91 15
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.
Planning Director: The Director of the Bozeman City-County
Planning Department and the person charged with the administration
of this Ordinance.
Property, Personal : Property, other than real property, consisting
of things temporal and movable.
Property, Real: Property consisting of buildings and/or land.
Recreational Vehicle: A vehicular type portable structure without
permanent foundation, which can be towed, hauled or driven
primarily designed as temporary living accommodation for
recreational, camping and travel use and including but not limited
to travel trailers, truck campers, camping trailers and self-
propelled motor homes, less than eight (8 ) feet in width and 33
feet in length.
Recreational Vehicle Park: A plot of ground upon which two or more
sites are located, established or maintained for occupancy by the
general public as temporary living quarters for travel, recreation,
or vacation purposes .
Research Laboratory: An establishment or facility for carrying on
investigation in the natural, physical or social sciences, or
engineering and development as an extension of investigation with
the objective of creating end products .
Restaurant: Any restaurant (except a drive-in restaurant or a
convenience food restaurant as defined in this Section) , coffee
shop, cafeteria, short-order cafe, luncheonette, sandwich stand,
drugstore, and soda fountain serving food.
Retail : The sale of tangible personal property for any purpose
other than for resale.
Right-of-Way: A public way established or dedicated for public
purposes by duly recorded plat, deed, grant, governmental authority
or by operation of the law.
School: 1) Any pre-primary, primary or grammar, public, parochial
or private school, high school; 2) preparatory school or academy,
public or founded, or owned or conducted by or under the
sponsorship of a religious or charitable organization; 3 ) private
preparatory school or academy furnishing courses of instruction
substantially equivalent to the courses offered by public high
schools for preparation of admission to college or universities
which award B.A. or B. S . degrees; 4) junior college or university,
Provisional Adoption 08/19/91 16
public or founded or conducted by or under the sponsorship of a
religious or charitable organization; 5 ) or private school when not
conducted as a commercial enterprise for the profit of individual
owners or stockholders .
Screening: A solid or nearly solid barrier ( i. e. , wall, fence,
plantings ) constructed or installed for the purpose of visual
separation.
Setback Line: That line that is the required minimum distance from
the street right-of-way or public access easement line or any other
lot line that establishes the area within which structures must be
placed, as specified in this Code.
Sewer, Public: Any sanitary sewer line owned and maintained by
the City of Bozeman, whether or not installed by the City.
Sewer System, Community: Any sanitary sewer system, whether
treatment plant, septic tank or lagoon designed with a sewer
collection system to be used by a legally constituted association
of property owners . The system may or may not be a public system.
Sign: Sign related definitions can be found in Section 18 . 65, Sign
Code of this Ordinance.
Site Plan: A scale drawing showing the accurate location of all
structures, streets, alleys, and parking areas existing and
proposed on subject property or any other information as may be
required by this Ordinance.
Spa: See Health and Exercise Establishments .
Stable, Private: Any building located on a lot which is designed,
arranged, used or intended to be used for not more than four horses
for the private use of the owner of the lot, but shall not exceed
6, 000 square feet in area.
Street: A right-of-way, other than an alley, dedicated or
otherwise legally established for public use, usually affording
the principal means of access to abutting property.
Street, Arterial : A street so designated in the Bozeman Area
Master Plan.
Street, Collector: A street so designated in the Bozeman Area
Master Plan.
Street, Local : A street designed to provide vehicular access to
abutting properties and to discourage through traffic.
Street Frontage: Any property line separating a lot from a street;
the front lot line.
Provisional Adoption 08/19/91 17
Street, Public: Any street which has been dedicated or is
otherwise publicly owned by the City. Any street not a public
street shall be deemed a private street.
Structure: Anything constructed or erected which requires location
on the ground.
Structure, Non-Conforming: Any structure which was legal prior to
the effective date of this Ordinance, which fails to comply with
the building location standards, and/or size requirements of the
applicable zone of this Ordinance in which it is located.
Structural Alteration: Any change in the supporting members of a
building, such as bearing walls or partitions , columns , beams, or
girders, or any change in the exterior walls or the roof .
Subdivision or Development Construction Yard: A temporary office
and/or vehicular and material storage yard.
Swap Meet: Any permanent or temporary sales or lot where the sale
or trade of goods, materials and merchandise takes place outside
any permanent structure, from within temporary structures or from
vehicles and where several sellers or traders may congregate for
the purpose of selling or trading.
Swimming Pools: Either a portable or permanent water container
used for recreational purposes which at its deepest point is over
eighteen inches ( 18" ) and has a volume in excess of one hundred
and fifty ( 150) cubic feet of water.
Townhouse: A single family dwelling constructed as part of a
series of dwellings, all of which are either attached to the
adjacent building and/or buildings by party walls, or are located
immediately adjacent thereto without any visible separation between
walls or roof; all of which dwellings may be located on
individual and separate lots, if individually owned, or upon a
single lot, if under common ownership.
Townhouse Cluster: A building consisting of three or more non-
communicating, attached one-family units placed side by side and/or
back to back, with no unit located over another, and having a com-
mon wall between each two adjacent dwelling units .
Truck Service Station: An occupancy which provides especially for
the servicing of trucks, with incidental operations similar to
those permitted for automobile service stations .
Truck Stop: A facility for the servicing of diesel powered trucks
and tractor trailers . A truck stop shall mean any one or more of
the following:
1 . Four (4) or more diesel fuel dispensers;
Provisional Adoption 08/19/91 18
2 . Two (2 ) or more bays for truck washing;
3 . Facilities for diesel engine repair.
Other uses present at the same facility such as convenience markets
or restaurants shall not be determinative of whether or not the
facility is a truck stop.
Truck Washing Establishment: A facility designed to primarily
serve to semi-trailer and tractor travel as a place to have such
vehicles cleaned.
Unit, Efficiency: A dwelling unit containing only one habitable
room as defined and regulated by the latest adopted Uniform
Building Code.
Use: The employment or occupation of a building, structure or land
for a person' s service, benefit, or enjoyment .
Use, Accessory: (See Accessory Building or Use)
Use, Conditional: Either a public or private use as listed herein
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 Ordinance for any
particular conditional use, including time limits, pursuant to the
requirements of this Ordinance.
Use, Non-Conforming: An existing use of land or building which
was legal prior to the effective date of this Ordinance but which
fails to comply with the requirements set forth in this Ordinance
applicable to the zone in which such use is located.
Use, Permitted: A use which is lawfully established in a
particular district or districts and which conforms with all
requirements, regulations, and performance standards of such
district. A Permitted Use may be a Principal Use, an Accessory
Use, or a Conditional Use.
Use, Principal: 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 .
Use, Temporary: A use established for a fixed period of time with
the intent to discontinue such use upon the expiration of the time
period.
Provisional Adoption 08/19/91 19
Variance: A modification or variation of the provisions of this
Ordinance as applied to a specific piece of property. No variance
regarding use of property shall be permitted. Variance may be
permitted only by the Board of Adjustment or City Commission.
Variance, Dimensional : Departure from the terms of the zoning
regulations pertaining to height or width of structures and size
of yard and open spaces where such departure will not be contrary
to the public interest and where, owing to conditions peculiar to
the property because of its size, shape or topography, and not as
a result of the action of the applicant, the literal enforcement
of the zoning regulations would result in unnecessary and undue
hardship.
Veterinary Clinic: See Animal Hospital .
Warehouse: An enclosed building designed and used primarily for
the storage of goods and materials .
Warehouse, Residential Storage (Mini-Warehouse) : A building or
group of buildings in a controlled access and fenced or screened
compound that contains relatively small storage spaces of varying
sizes and/or spaces for recreational vehicles or boats, having
individual, compartmentalized and controlled access for the dead
storage of excess personal property of an individual or family
generally stored in residential accessory structures, when such
building or group of buildings are not located on the lot of the
residence.
Water Course: Any natural stream, river, creek, drainage,
waterway, gully, ravine or wash in which water flows either
continuously or intermittently and has a definite channel, bed and
banks, and includes any area adjacent thereto subject to inundation
by reason of overflow. The term "Water Course" shall not be
construed to mean any facility created exclusively for the
conveyance of irrigation water. (From Old Code) .
Wholesale Establishment: An establishment for the sale of goods
and merchandise for resale instead of for direct consumption.
Wrecking Yard: A place, lot or area where the primary function is
that of dismantling, storage, abandonment or sale of goods and
materials as parts or scraps .
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 Ordinance .
Provisional Adoption 08/19/91 20
Yard, Corner Side: A yard on a corner lot the area of which is
bounded by a line extending from the front of the principal
building (the front building line) to a point intersecting the side
street right-of-way line ( side lot line) , then along said side lot
line to a point intersecting the rear lot line, then along said
rear lot line to a point intersecting the line formed by extending
the wall of the nearest principal building paralleling the side lot
line.
Yard, Front: A yard extending across the full width of the lot
between two side lot lines the depth of which is the least distance
between the street right-of-way and the front building line.
Yard, Rear: A yard extending across the full width of the lot
between the two side lot lines and between the rear line and a
parallel line tangent to the rear of the principal building and
the depth of which is the least distance between the rear lot line
and the parallel line.
Yard, Required: The minimum dimension of a front, side, or rear
yard as established by the use regulations for each district . See
also: Building Line, Required.
Yard, Side: A yard extending between the front building line and
the rear building line, the width of which is the least distance
between the side lot line and the nearest part of the principal
building.
Zoning Map: A map or maps with all notations, dimensions,
references and symbols shown thereon depicting individual zoned
districts in accordance with this Ordinance.
Provisional Adoption 08/19/91 21
CHAPTER 18 . 06
ZONING DISTRICTS AND ZONING MAP
18 . 06. 010 USE DISTRICTS DESIGNATED - ZONING MAP ADOPTED
A. The City and its extraterritorial zoning limits surrounding
the City are hereby divided into zones , or districts , as shown
on the official zoning maps which, together with all
explanatory matter thereon, are hereby adopted by reference
and declared to be a part of this title.
B. For the purpose of this title, the City of Bozeman is hereby
divided and classified into the following use districts :
A-S - Agriculture Suburban District
R-S - Residential Suburban District
R-1 - Residential - Single-family, Low Density District
R-2 - Residential - Single-family, Medium Density District
R-2a - Residential - Single-family, Medium Density District
R-3a - Residential - Two-Family, Medium Density District
R-3 - Residential - Medium Density District
R-4 - Residential - High Density District
R-0 - Residential - Office District
B-1 - Neighborhood Business District
B-2 - Community Highway Business District
B-3 - Central Business District
M-1 - Light Manufacturing District
M-2 - Manufacturing and Industrial District
BP - Business Park District
HMU - Historic Mixed Use
PLI - Public Lands and Institutions District
NC - Neighborhood Conservation Overlay District
EO - Bozeman Area Entryway Overlay District
FH - Flood Hazard Overlay District (refer to Federal
Insurance Rate Maps for locations )
R-MH - Residential - Mobile Home District
18 . 06 . 020 OFFICIAL MAP-AVAILABILITY, CERTIFICATION AND
AUTHORITY-CHANGES
A. The official maps shall be available in the office of the
Planning Director and shall bear certificate with the
signature of the Mayor attested by the Clerk of the Commission
and the date of adoption of this Ordinance codified herein.
Provisional Adoption 08/19/91 22
B. The certificate should read as follows : "This is to certify
that this is an Official Zoning Map referred to in Section
of Ordinance Number of the City of Bozeman, Montana.
Mayor:
Attested:
Date of Adoption:
C. If any changes to the map are made by amendment of this
Ordinance in accordance with Chapter 18 . 68 hereof, such
changes shall be made to the Official Zoning Maps and signed,
dated and certified upon the map or upon the material attached
thereto.
D. Regardless of the existence of purported copies of the offi-
cial zoning maps, which may from time to time be made or
published, the official zoning maps kept in the City offices
by the Planning Director shall be the final authority as to
the current zoning status of land and water areas, buildings,
and other structures in the City or its zoning jurisdiction.
18 . 06 . 030 OFFICIAL MAP - REPLACEMENT CONDITIONS
A. In the event that the official zoning maps become damaged,
destroyed, lost or difficult to interpret because of the
nature or number of changes or additions thereto, the City
Commission may adopt and certify new official zoning maps
which shall supersede the prior official zoning maps . The
new official zoning maps may correct drafting or other errors
or omissions in the prior map, but no such corrections shall
have the effect of amending the original official zoning maps
or any subsequent amendment thereof .
B. The new official zoning maps shall be identified by signature
of the Mayor attested by the Clerk of the Commission. The
certificate should read as follows :
This is to certify that this Official Zoning Map supersedes and
replaces the Official Zoning Map adopted , as part
of Ordinance Number of the City of Bozeman, Montana .
Mayor
Attested
Date of Amendment
18 . 06 . 040 BOUNDARY INTERPRETATION GUIDELINES
A. Where uncertainty exists as to the boundaries of districts as
shown on the official zoning map, the boundaries shall be
interpreted as following the nearest logical line to that
shown:
Provisional Adoption 08/19/91 23
1 . Boundaries indicated as approximately following the
centerline of streets, highways or alleys shall be con-
strued to follow such center lines;
2 . Boundaries indicated as approximately following platted
lot lines shall be construed as following such lot lines;
3 . Boundaries indicated as approximately following City
limits shall be construed as following such City limits;
4 . Boundaries indicated as following railroad lines shall
be construed to be midway between the main track(s ) ;
5 . Boundaries indicated as following the center line of
streams, rivers, canals , or ditches shall be construed
to follow such center lines;
6 . Boundaries indicated as parallel to or extensions of
features indicated on the official zoning map shall be
determined by the scale of the map.
B . Where physical or cultural features existing on the ground
are at variance with those shown on the official zoning map
or where other circumstances or controversy arise over dis-
trict boundaries; the Planning Director shall interpret the
district boundary such interpretation may be subject to appeal
to the Board of Adjustment .
C. Where district boundaries divide a lot or parcel into two or
more districts, the entire lot or parcel shall be deemed to
have only the characteristics and uses of the most restrictive
district that any part of the lot or parcel rests within. Any
development lying wholly or partially within a specified
overlay district shall be reviewed as if it lay entirely
within said overlay district .
18 . 06 . 050 ZONING OF ANNEXED TERRITORY
A. All territory which may hereafter be annexed to the City or
through annexation fall within the City' s extraterritorial
zoning jurisdiction shall be, in conjunction with the
annexation, zoned to the most similar or nearest zoning
classification district applied to the territory by any county
zoning ordinance prior to the annexation. The City Commission
shall determine the appropriate zoning for any and all areas
to be annexed to the City or to be annexed to the City' s
extraterritorial zoning limits but shall request a
recommendation from the Planning Board and shall take into
consideration the Bozeman Area Master Plan.
Provisional Adoption 08/19/91 24
B. In lieu of Section 18 . 06 . 050 .A, above, when such zoning of
annexed territory is to be effective at the time of such
annexation and is to be different from the most similar or
nearest classification district applied to the territory by
any county zoning ordinance prior to the annexation, the
Planning Board shall have held its public hearing in order
that the City Commission may determine the proper zoning by
zoning amendment to be effective upon the effective date of
such annexation.
18 . 06 . 060 CLASSIFICATION OF PARTICULAR USES-CITY COMMISSION
AUTHORITY
If questions arise concerning the appropriate classification of a
particular use, the City Commission shall determine whether the
particular use may be interpreted to be the same as a listed
permitted or conditional use. In interpreting the appropriate
classification of a particular use, the City Commission shall
determine:
A. That the use is the same, or so similar so as to be
interpreted as the same, as one or more uses permitted in the
district wherein it is proposed to be located;
B. That the use and its operation are compatible with the uses
permitted in the district wherein the use is proposed to be
located;
C. That the use will not cause substantial injury to values of
property in the neighborhood or district wherein it is
proposed to be located; and
D. That neither the intent of the ordinance nor the intent of
the district will be abrogated by such classification.
If a specific use is not listed and cannot be interpreted to be
the same as a listed permitted or conditional use, the use shall
not be allowed. However, a zone code amendment may be submitted
for review and approval pursuant to the requirements of this
Ordinance to allow such use as a listed permitted or conditional
use.
Provisional Adoption 08/19/91 25
CHAPTER 18 . 08
APPLICATION OF REGULATIONS
18 . 08 . 010 APPLICATION OF REGULATIONS
The regulations set by this title shall be minimum regulations and
all regulations as categorized shall apply uniformly to each class
or kind of structure or land and particularly the regulations which
follow.
18 . 08 . 020 COMPLIANCE WITH ZONING REGULATIONS REQUIRED
No building, structure or land shall hereafter be used or occupied,
and no building, structure or part thereof shall hereafter be
erected, constructed, reconstructed, moved or structurally altered,
and no development shall commence unless it is in conformity with
all of the regulations herein specified for the district in which
it is located.
18 . 08. 030 AREA REQUIREMENTS FOR INDIVIDUAL BUILDINGS --
RESTRICTIONS
No part of any yard, or other open space, or off-street parking or
loading space required about or in connection with any building for
the purpose of complying with this title, shall be included as part
of a yard, open space, or off-street parking or loading space
similarly required for any other building except as provided in
Chapter 18 . 50 . 120 of this Ordinance.
18 . 08 . 040 YARDS AND LOTS -- REDUCTION PROHIBITED
No yard or lot existing at the time of adoption of the ordinance
codified in this title shall be reduced in dimension or area below
the minimum requirements as set forth herein. Yards or lots
created after the effective date of said ordinance shall meet at
least the minimum requirements established by this Ordinance.
Provisional Adoption 08/19/91 26
CHAPTER 18 . 10
A-S AGRICULTURE SUBURBAN DISTRICT
18 . 10 . 010 INTENT
The intent of the A-S agriculture suburban district is to encourage
cluster development so that areas of agriculture and areas of
environmental concern are preserved. It is intended that through
the use of this district, agricultural pursuits and/or open space
will be preserved and environmental concerns, such as high water
table and flood plains, will be protected.
18 . 10 . 020 PERMITTED USES
Permitted uses in the A-S district are as follows :
A. Principal Uses
Agricultural uses
One-family dwellings
One-family mobile homes on permanent foundations which meet
all the requirements of Section 18 . 50 . 180
Essential services (type I )
Family day care home
Group day care home
Nursery, plant
Public parks
B. Conditional Uses
Airfield, personal use
Churches
Community residential facilities
Day care centers
Essential services (type II )
Golf courses
Group homes
Hunting and fishing clubs
Public and private parks and playgrounds
Veterinary uses
Recreational vehicle parks and campgrounds
Residence for owner or caretaker of recreational vehicle
Parks and campgrounds
Schools
Temporary sales and office buildings
Any use approved as part of a planned unit development
subject to the provisions of Section 18 . 54 of this
Ordinance
Provisional Adoption 08/19/91 27
C. Accessory Uses
FCC earth stations
Fences
Greenhouses
Guest house
Home occupations
On-premise sale of products produced thereon
Private garage
Private or jointly owned community center recreational
facilities , pools , tennis courts, and spas
Single or multi-family dwellings to house employees working
on the farm or ranch
Signs, subject to Section 18 . 65
Temporary buildings and yards incidental to construction
work
Tool sheds for storage of domestic supplies
Other buildings and structures typically accessory to
residential and agricultural uses .
18 . 10 . 030 LOT AREA AND WIDTH
A. Standard Development Option
Minimum lot area in the A-S district shall be 20 acres, with
a lot width not less than six hundred sixty feet.
B. Cluster Development Option
This option is intended to encourage land reassemblage and
cluster development, or other planned development meeting the
intent of the Rural Residential land use classification of the
1990 Bozeman Area Master Plan Update.
For developments using this option density bonuses over the
one dwelling unit per 20 acres may be permitted where the
developer controls at least twenty-five (25 ) acres, and where
the average net size of residential lots is limited to not
more than one (1 ) acre, thereby maximizing the amount of land
remaining in agricultural production or open space.
Any development using the Cluster Development Option shall be
subject to the requirements of Figure 1 , "Cluster Density
Bonuses " . However, additional density bonuses may be
available where the proposed development enhances and/or
preserves identified community interests such as wildlife
habitat, open space corridors, ridge lines, or riparian areas .
Provisional Adoption 08/19/91 28
C. Planned Unit Development (PUD) Option
Lot area and width in the A-S District may be determined
through a PUD review process , subject to the provisions of
the 1990 Master Plan Update, and in relation to Urban Growth
Area and Existing Sewer Service Boundary lines as depicted
therein. This option is intended to encourage creative planned
developments .
18 . 10 . 040 LOT COVERAGE
Not more than five percent of the lot area in the A-S district
shall be covered by the principal and accessory buildings .
18 . 10 . 050 YARDS
Every lot in the A-S district shall have the following minimum
yards :
Front yard 35 feet
Rear yard 25 feet
Side yards 25 feet each side
18 . 10 . 060 BUILDING HEIGHT
In the A-S district, maximum building height for buildings designed
and constructed for human occupancy shall be twenty-four feet.
Only other structures necessary for agriculture uses may exceed
this height.
18 . 10 . 070 ANIMAL ENCLOSURE SETBACKS
Except for pastures , any stable, barn, hutch, pen, shed or other
such structure built to enclose or house animals or fowl shall be
not less than fifty feet from any structure used for human
occupancy.
Provisional Adoption 08/19/91 29
120
100 Continued
as a
Straight
Lin®
Ize 80 Protection
of
Tract
to 60
be
Devel-
oped
(in 40
acres)
20
0
1 2 3 4 5 10 15 20 25 3C
Number of Dwelling Units Permitted
f ♦
Cluster Driven Density Bonuses FiguP'
1
CHAPTER 18 . 12
R-S RESIDENTIAL-SUBURBAN COUNTRY ESTATES DISTRICT
18 . 12 . 010 INTENT
The intent and purpose of the R-S residential-suburban country
estates district is to allow single-family development on lots not
smaller than one acre in those areas which were zoned R-S and
platted (subdivided) or considered part of an approved master plan
or phased development prior to the effective date of this
Ordinance.
Any area which was zoned R-S residential-suburban country estates,
but not platted, subdivided or considered part of an approved
master plan or phased development prior to the effective date of
this Ordinance, or any newly designated R-S districts, shall be
subject to the provisions of Chapter 18 . 54 of this Ordinance,
Planned Unit Development, and shall be developed in compliance with
the adopted Bozeman Area Master Plan, and more particularly the
Planned Unit Development requirements of the suburban residential
land use classification.
18 . 12 . 020 PERMITTED USES
Permitted uses in the R-S district are as follows :
A. Principal Uses
Agricultural uses on not less than two and one-half acres,
including barns and animal shelters and the keeping of
animals and fowl, together with their dependent young, as
hereinafter set forth per two and one-half acres : one horse
or one cow; two sheep or two goats; ten rabbits; thiry-
six fowl (chickens, pheasants,_ pigeons , etc. ) or six larger
fowl (ducks, geese, turkeys, etc. )
One-family dwellings
One-family mobile homes on permanent foundations which meet
all the requirements of Section 18 . 50 . 180
Essential services (type I )
Family day care home
Group day care home
Public and private parks and playgrounds
B. Conditional Uses
Agricultural uses on less than two and one-half acres
Churches
Community residential facilities
Day Care Centers
Essential services (type II )
FCC earth stations
Provisional Adoption 08/19/91 30
Golf Courses
Group homes
Veterinary uses
Other recreational uses
Schools
Temporary sales and office buildings
Any use approved as part of a planned unit development
subject to the provisions of Section 18 .54 of this
Ordinance
C. Accessory Uses
Fences
Greenhouses
Guest house
Home occupations
Private garage
Private or jointly owned community center recreational
facilities, pools, tennis courts, and spas
Signs, subject to Section 18 . 65
Temporary buildings and yards incidental to construction
work
Tool sheds for storage of domestic supplies
Other building and structures typically accessory to
residential or agricultural uses
18 . 12 . 030 LOT AREA AND WIDTH
Lot area and width for newly created lots in the R-S district shall
be determined through the PUD review procedures set forth in
Section 18 . 54 of this Ordinance, in compliance with the adopted
Bozeman Area Master Plan. Existing lots in the R-S district shall
be considered non-conforming lots if less than one-acre in area
and/or 150 feet in width and subject to Section 18 . 50 . 160 of this
Ordinance. -
18 . 12 . 040 LOT COVERAGE AND FLOOR AREA
Lot coverage and floor area for newly created lots in the R-S
district shall be determined through the PUD review procedures set
forth in Section 18 . 54 of this Ordinance, in compliance with the
adopted Bozeman Area Master Plan. For existing lots in the R-S
district, not more than twenty-five percent of the lot area shall
be covered by principal and accessory buildings . Each dwelling
unit shall have a minimum of 1000 square feet of floor area.
Provisional Adoption 08/19/91 31
18 . 12 . 050 YARDS
A. Every lot in the R-S district which existed prior to the
effective date of this Ordinance shall have the following
minimum yards :
Front yard 35 feet
Rear yard 25 feet
Side yards 25 feet each side
Minimum yard requirements for newly created R-S lots shall be
determined through the PUD review process . (NOTE: All yards
shall be subject to the provisions of Section 18 . 50 . 060 . D
when applicable. )
B. All pens, coops, barns, stables or permanent corrals shall be
set back not less than one hundred feet from any residence or
public road and not less than fifty feet from any property
line.
18 . 12 . 060 BUILDING HEIGHT
Maximum building height in the R-S district shall be twenty-four
feet.
Provisional Adoption 08/19/91 32
CHAPTER 18 . 14
R-1 RESIDENTIAL-SINGLE FAMILY, LOW DENSITY DISTRICT
18 . 14 . 010 INTENT
The intent of the R-1 residential single-family, low density,
district is to provide for low density single-family residential
development within the City of Bozeman, to conform to the system
of services available, to the slope of the land or other limiting
factors, and to provide for such community facilities and services
as will serve the area' s residents while protecting the residential
character and quality of the area.
18 . 14. 020 PERMITTED USES
Permitted uses for the R-1 district are as follows :
A. Principal Uses
One-family dwellings
Essential services (type I )
Family day care home
Group day care home
Public parks
B . Conditional Uses
Churches
Community residential facilities
Day care centers
Golf Courses
Group homes
Schools
Temporary sales and office buildings
Private storm water control facilities
Any use approved as part of a planned unit development
subject to the provisions of Section 18 . 54 of this
Ordinance
C. Accessory Uses
Fences
Greenhouses
Guest house
Home occupations
Private garage
Private or jointly owned community center recreational
facilities , pools, tennis courts, spas
Signs, subject to Section 18 . 65
Temporary buildings and yards incidental to construction
work
Provisional Adoption 08/19/91 33
Tool sheds for storage of domestic supplies
Other building and structures typically accessory to
residential uses .
18 . 14 . 030 LOT AREA AND WIDTH
Lot area for any use in the R-1 district shall be not less than
ten thousand square feet and no lot width shall be less than eighty
feet .
18 . 14 . 040 LOT COVERAGE AND FLOOR AREA
In the R-1 district, not more than forty percent of the lot area
shall be occupied by the principal and accessory buildings . Each
dwelling unit shall have a minimum of 1, 250 square feet of floor
area.
18 . 14 . 050 YARDS
Every lot in the R-1 district shall have the following minimum
yards :
Front yard 25 feet
Rear yard 25 feet
Side yards 12 feet each side
(NOTE: All yards will be subject to the provisions of 18 . 50 . 060
D when applicable. )
18 . 14 . 060 BUILDING HEIGHT
Maximum building height in the R-1 district shall be twenty-four
feet.
Provisional Adoption 08/19/91 34
CHAPTER 18 . 16
R-2 RESIDENTIAL, SINGLE-FAMILY MEDIUM-DENSITY DISTRICT
18 . 16 . 010 INTENT
The intent of the R-2 residential, single-family, medium-density
district is to provide for single-family residential development
of a medium density within the City of Bozeman in areas that
present few or no development problems, and for neighborhood
facilities to serve such development while preserving the
residential quality and nature of the area.
18 . 16 . 020 PERMITTED USES
Permitted uses in the R-2 district shall be only those uses
permitted in an R-1 district.
18 . 16 . 030 LOT AREA AND WIDTH
Lot area for any use in the R-2 district shall be not less than
seven thousand square feet and no lot width shall be less than
seventy feet.
18 . 16 . 040 LOT COVERAGE AND FLOOR AREA
In the R-2 district, not more than forty percent of the lot area
shall be occupied by the principal and accessory buildings . Each
dwelling unit shall have a minimum of 1, 000 square feet of floor
area.
18 . 16 . 050 YARDS
Every yard in the R-2 district shall have the following minimum
yards :
Front yard 25 feet
Rear yard 20 feet
Side yards 8 feet each side
(NOTE: All yards shall be subject to the provisions of 18 . 50 . 060
D. when applicable.
18 . 16 . 060 BUILDING HEIGHT
Maximum building height in the R-2 district shall be twenty-four
feet.
Provisional Adoption 08/19/91 35
CHAPTER 18 . 17
R-2a RESIDENTIAL - SINGLE FAMILY - MEDIUM DENSITY
18 . 17 . 010 INTENT
The intent of the R-2a single-family residential, medium density
district is to provide for economical, single - family residential
development of a density consistent with the Bozeman area master
plan within the City of Bozeman and in areas that present few or
no development problems , and for neighborhood facilities to serve
such development while preserving the residential quality and
nature of the area.
18 . 17 . 020 PERMITTED USES
Permitted uses in the R-2a district shall be only those uses
permitted in an R-2 District and one-family mobile homes on
permanent foundations which meet all requirements of Section
18. 50 . 180 .
18 . 17 . 030 LOT AREA AND WIDTH
Lot area for any use in the R-2a district shall be not less than
six thousand square feet, and no lot width shall be less than sixty
feet.
18 . 17 . 040 LOT COVERAGE AND FLOOR AREA
In the R-2a district, no more than forty percent of the lot area
shall be occupied by the principal and accessory buildings . Each
dwelling shall have a minimum of eight hundred square feet of floor
area.
18 . 17 . 050 YARDS
Every lot in the R-2a district shall have the following minimum
yards :
Front yard 25 feet
Rear yard 20 feet
Side yards 8 feet each side
(NOTE : All yards shall be subject to the provisions of 18 .50 . 060
D. when applicable.
18 . 17 . 060 BUILDING HEIGHT
Maximum building height in the R-2a district shall be twenty- four
feet.
Provisional Adoption 08/19/91 36
CHAPTER 18 . 18
R-3a RESIDENTIAL-TWO-FAMILY MEDIUM DENSITY
18 . 18 . 010 INTENT
The intent of the R-3a district is to provide for one and two
family residential development of a medium density within the City
of Bozeman in areas that present few or no development problems,
and for neighborhood facilities to serve such development while
preserving the residential quality and nature of the area.
18 . 18 . 020 PERMITTED USES
Permitted uses in the R-3a district are as follows :
A. Principal Uses
One-family dwellings
Two-family dwellings
Community residential facilities
Essential services (type I )
Family day care home
Group day care home
Group homes
Public parks
B . Conditional Uses
Churches
Day Care Centers
Golf courses
Lodging Houses (Bed and Breakfasts )
Schools
Temporary sales and office buildings
Any use approved as part of a planned unit development
subject to the provisions of Section 18 . 54 of this
Ordinance
C. Accessory Uses
Fences
Greenhouses
Guest house
Home occupations
Private garage
Private or jointly owned community center recreational
facilities, pools , tennis courts, and spas
Signs, subject to Section 18 . 65
Temporary buildings and yards incidental to construction
work
Tool sheds for storage of domestic supplies
Provisional Adoption 08/19/91 37
Other building and structures typically accessory to
residential uses
18 . 18 . 030 LOT AREA AND WIDTH
A. In the R-3a district, minimum lot area for two-family units
shall be six thousand square feet with a minimum lot width of
sixty feet .
B. Minimum lot area for one-family dwellings and other uses shall
be five thousand square feet with a minimum lot width of fifty
feet.
18 . 18 . 040 LOT COVERAGE AND FLOOR AREA
In the R-3a district, not more than forty percent of the lot shall
be occupied by the principal and accessory buildings . The average
floor area of all dwelling units in a structure shall have a
minimum of 600 square feet.
18 . 18 . 050 YARDS
Every lot in the R-3a district shall have the following minimum
yards :
Front yard 25 feet
Rear yard 20 feet
Side yard 8 feet each side
(NOTE: All yards shall be subject to the provisions of 18 . 50 . 060
D. when applicable.
18 . 18 . 060 BUILDING HEIGHT
Maximum building height in the R-3a district shall be twenty-four
feet.
Provisional Adoption 08/19/91 38
CHAPTER 18 . 20
R-3 RESIDENTIAL-MEDIUM-DENSITY DISTRICT
18 . 20 . 010 INTENT
The intent of the R-3 district is to provide for the development
of one to five family residential structures near service
facilities within the City of Bozeman. It should provide for a
variety of housing types to serve the varied needs of families of
different size, age and character, while reducing the adverse
effect of nonresidential uses .
18 . 20 . 020 PERMITTED USES
Permitted uses in the R-3 district are as follows :
A. Principal Uses
One-family dwellings
One-family mobile homes on permanent foundations which meet
all the requirements of Section 18 . 50 . 180
Two-family dwellings
Three to four unit multiple family dwelling unit structures
Townhouse clusters, not to exceed five units or 120 feet in
length
Community residential facilities
Essential services (type I )
Family day care home
Group day care home
Group homes
Public parks
B . Conditional Uses
Churches
Day Care Centers
Fraternity and sorority houses
Golf courses
Lodging houses
Schools
Temporary sales and office buildings
Any use approved as part of a planned unit development subject
to the provisions of Section 18 . 54 of this Ordinance
C. Accessory Uses
Fences
Greenhouses
Guest house
Home occupations
Private garage
Provisional Adoption 08/19/91 39
Private or jointly owned community center recreational
facilities, pools, tennis courts, and spas
Signs, subject to Section 18 . 65
Temporary buildings and yards incidental to construction
work
Tool sheds for storage of domestic supplies
Other building and structures typically accessory to
residential uses
18 . 20 . 030 LOT AREA AND WIDTH
A. In the R-3 district, minimum lot area for two to four family
units shall be three thousand square feet per dwelling unit
with a minimum lot width of sixty feet.
B. For townhouse clusters the minimum average lot area per unit
in an individual structure shall be 3, 000 square feet . The
minimum lot width shall be that of the width of the interior
units .
C. Minimum lot area for other uses , including one-family dwelling
units, shall be five thousand square feet with a minimum lot
width of fifty feet.
18 . 20 . 040 LOT COVERAGE AND FLOOR AREA
In the R-3 district, not more than forty percent of the lot shall
be occupied by the principal and accessory buildings . The average
floor area of all dwelling units in a structure shall have a
minimum of 600 square feet.
18 . 20 . 050 YARDS
Every lot in the R-3 district shall have the following minimum
yards :
Front yard 25 feet
Rear yard 20 feet
Side yards 8 feet each side
( except zero lot line
sides of townhouse units )
(NOTE : All yards shall be subject to the provisions of 18 . 50 . 060
D. when applicable.
18 . 20 . 060 BUILDING HEIGHT
Maximum building height in the R-3 district shall be thirty-two
feet.
Provisional Adoption 08/19/91 40
CHAPTER 18 . 24
R-4 RESIDENTIAL-HIGH DENSITY DISTRICT
18 . 24 . 010 INTENT
The intent of the R-4 residential, high-density district is to
provide for high density residential development within the City
of Bozeman with associated service functions . This will provide
for a variety of compatible housing types to serve the varying
needs of the community' s residents .
18 .24 .020 PERMITTED USES
Uses permitted in the R-4 district are the uses permitted in the
R-3 district, plus apartment buildings and townhouse structures
exceeding four ( 4) units per structure as principal uses .
Additional conditional uses permitted in the R-4 district are
offices (as defined herein) , and medical offices , clinics and
centers .
18 . 24 . 030 LOT AREA AND WIDTH
A. Lot area for two-family to four-family dwellings shall not be
less than five thousand square feet, plus one thousand six
hundred square feet for each additional unit over one, with
a minimum lot width of fifty feet .
B. Lot area for apartment buildings up to two stories shall not
be less than five thousand square feet, plus eight hundred
square feet for each additional dwelling unit over one.
Minimum lot width shall be fifty feet.
C. Lot area for apartment buildings of three or more stories
shall not be less than five thousand square feet, plus six
hundred square feet for each additional dwelling unit over
one. Minimum lot width shall be fifty feet.
18 .24 . 040 LOT COVERAGE AND FLOOR AREA
In the R-4 district, not more than forty percent of the lot shall
be occupied by the principal and accessory buildings . The average
floor area of all dwelling units in a structure shall have a
minimum of 600 square feet.
Provisional Adoption 08/19/91 41
18 . 24 . 050 YARDS
Every lot in the R-4 district shall have the following minimum
yards :
Front yard 25 feet
Rear yard 20 feet
Side yards 8 feet each side
(NOTE: All yards shall be subject to the provisions of 18 . 50 . 060
D. when applicable.
18 . 24 . 060 BUILDING HEIGHT
Maximum building height in the R-4 district shall be thirty-two
feet.
Provisional Adoption 08/19/91 42
CHAPTER 18 . 26
R-0 RESIDENTIAL-OFFICE DISTRICT
18 . 26 . 010 INTENT
The intent of the R-O residential-office district is to provide
for and encourage the development of professional offices, business
headquarters , and compatible multi-family and apartment development
that would blend well with adjacent land uses .
18 . 26. 020 PERMITTED USES
Permitted uses in the R-0 district are as follows :
A. Principal Uses
Apartments located on the second or subsequent floors
Essential services (type I )
Medical offices , clinics, and centers
Offices (as defined herein)
B . Conditional Uses
Apartment buildings and multi-family dwellings
Churches
Community residential facilities
Day Care Centers
Efficiency units
Group homes
Lodging Houses (Bed and Breakfasts )
Schools
Any use approved as part of a planned unit development
subject to the provisions of Section 18 . 54 of this
Ordinance
C. Accessory Uses
Fences
Greenhouses
Home occupations
Private garage
Tool sheds for storage of domestic supplies
Other building and structures typically accessory to
permitted uses
Signs, subject to Section 18 . 65
Refuse containers
Accessory structures as approved by the Planning and Zoning
Board
Temporary buildings and yards incidental to construction
work
Parking areas as required by Section 18 . 50
Provisional Adoption 08/19/91 43
18 . 26 . 030 LOT AREA AND WIDTH
Lot area and width for uses in the R-0 district shall not be less
than 5, 000 square feet and 50 feet, respectively.
18 . 26 . 040 LOT COVERAGE AND FLOOR AREA
A. In the R-0 district, lot coverage by principal and accessory
buildings shall not be more than forty percent for residential
uses nor more than sixty percent for any other uses . Non-
residential development shall not generate greater traffic
than the traffic which would be generated by the maximum
residential development which could occur with forty percent
coverage of the lot in question. The source for traffic
generation projections will be the current edition of Trip
Generation, published by the Institute of Transportation
Engineers .
B. The average floor area of all dwelling units in a structure
shall be a minimum of 600 square feet.
18 . 26 . 050 YARDS
Every lot in the R-0 district shall have the following minimum
yards :
Front yard 25 feet
Rear yard 20 feet
Side yard 8 feet
(NOTE: All yards shall be subject to the provisions of 18 . 50 . 060
D. when applicable. )
18 . 26 . 060 BUILDING HEIGHT
Maximum building height for the R-0 district shall be thirty-two
feet.
Provisional Adoption 08/19/91 44
CHAPTER 18 .28
B-1 NEIGHBORHOOD SERVICE DISTRICT
18 . 28 . 010 INTENT
A. The intent of the B-1 neighborhood business district is to
provide for small retail and service activities frequently
required by neighborhood residents on a day-to-day basis,
while still maintaining a residential character.
18. 28. 020 PERMITTED USES
A. Activities shall be limited to those which are:
1 . Completely enclosed within a building not larger than
five thousand square feet in gross floor area.
Permitted uses in the B-1 district are as follows :
A. Principal Uses
Day care centers
Apartments located on the second or subsequent floors
Essential services (type I )
Food stores , such as grocery stores, bakeries, etc .
Personal and convenience services
Restaurants ( exclusive of drive-ins )
Retail uses
B. Conditional Uses
Automobile service station
Churches
Essential services (type II )
Professional and business offices
Restaurants serving alcoholic beverages
Any use approved as part of a planned unit development
subject to the provisions of Section 18 . 54 of this
Ordinance
C . Accessory Uses
Fences
Signs, subject to Chapter 18 . 65
Refuse containers
Other buildings and structures typically accessory to
permitted uses
Temporary building and yards incidental to construction work
Parking areas as required by Chapter 18 . 50
Provisional Adoption 08/19/91 45
18 . 28 . 030 LOT AREA AND WIDTH
Lot area for the B-1 district shall be adequate to provide for
required yards and off-street parking, but in no case less than
five thousand square feet and fifty feet in width.
18 .28 . 040 LOT COVERAGE
In the B-1 district, the entire lot, exclusive of required yards
and parking, may be occupied by the principal and accessory
buildings .
18 . 28 . 050 YARDS
Every lot in the B-1 district shall have the following minimum
yards :
Front yard 25 feet
Rear yard 20 feet
Side yard 8 feet
(NOTE : All yards shall be subject to the provisions of 18 . 50 . 060
D. when applicable. )
18 . 28 . 060 BUILDING HEIGHT
Maximum building height in the B-1 district shall be thirty-two
feet except when adjacent to an R-S, R-1, R-2 , R-2a, or R-3a
district wherein the height shall not exceed twenty-four feet.
Provisional Adoption 08/19/91 46
CHAPTER 18 . 30
B-2 COMMUNITY BUSINESS DISTRICT
18 . 30 . 010 INTENT
The intent of the B-2 Community Business district is to provide
for a broad range of retail and service functions with access
oriented to major arterial streets .
18 . 30 . 020 PERMITTED USES
Permitted uses in the B-2 district are as follows :
A. Principal Uses
Ambulance service
Antique shop and store
Apparel and accessory store
Art gallery
Art supply stores
Audio-visual equipment sales and rental
Automobile parking lot or garage (public or private)
Automobile or boat sales and/or rental service
Auto supply store
Bakery for on-site sales, less than 4, 000 square feet
Banks and other financial institutions
Barber shop
Beauty parlor
Bicycle sales, service and repair shop
Book and stationery store
Bowling alleys
Bus terminals
Business and office machine sales, service and repair shop
Candy and ice cream store
Churches
Cigar and tobacco store
Clothing and costume sales and rental shop
Community center or meeting hall
Convenience food restaurant
Convenience uses
Custom dressmaking, furrier, millinery or tailor shop
employing five persons or less
Dancing or theatrical studio
Delicatessen and catering establishment
Department store
Drug stores
Dry goods and notion store
Dry cleaning and laundry establishment, for drop off/pick up
service
Apartments located on the second or subsequent floors
Essential services (type I )
Provisional Adoption 08/19/91 47
Equipment sales and service
Florist
Frozen food storage and locker rental
Furniture store
Game rooms, pool halls
Garden supply store, indoor sales only
Gift shop
Grocery store ( including retail markets and produce store)
Hardware store, no exterior storage
Health and exercise center
Hobby, and coin shop
Hotel or motel
Hunting and fishing supply store
Interior decorator' s shop
Jewelry and metal craft store
Laundromat, self service
Leather goods and luggage store
Liquor store
Lock and key shop
Mail order catalog store
Medical, dental or health clinic
Medical and orthopedic appliance store
Messenger or telegraph service station
Mortuary
Museum
Music and instrument sales, service and repair shop
Music or dance studio
Newspaper office
Newsstand
Nursery, Plant
Offices (as defined herein)
Office supply and office equipment store
Optician
Package liquor store, including drive-in
Paint and wallpaper store
Pawn shop
Personal and convenience services
Pet shop
Pet grooming shop
Photographic equipment and supply store
Photographic studio
Picture frame shop
Private club, fraternity, sorority or lodge
Public buildings
Radio or television sales, with/without service and repair
Radio and television studio, without transmission towers
Research laboratories
Restaurants
Second hand stores
Sewing machine store
Shoe store
Shoe repair and shoe shine shop
Provisional Adoption 08/19/91 48
Sporting and athletic goods store
Tailor shop, less than 5 employees
Theatre, excluding drive-in theatre
Toy store
Travel agency
Upholstery shops (excluding on-site upholstery service for
cars, boats, trailers , trucks, and other motorized vehicles
requiring overnight storage)
Variety store
Wallpaper store
Watch repair shop
Wholesale establishments that use samples , but do not stock
on premises
B . Conditional Uses
Amusement and recreational activities
Automobile repair facilities
Automobile service stations
Automobile washing establishments, drive-through
Automobile washing establishments, self service
Bar (tavern, cocktail lounge)
Bowling alley
Building materials sales
Business, technical or vocational school
Casino
Community residential facilities
Convenience food store with gas pumps
Day care center
Essential services (type II )
Hospitals
Mortuaries
Recreational vehicle sales and/or rental
Restaurants serving alcoholic beverages
Retail uses in addition to those principle uses listed
Tennis and racquet clubs
Veterinary clinics
Video arcades
Wholesale distributors with on-premise retail outlets,
providing warehousing is limited to commodities which are
sold on the premises
Any use approved as part of a planned unit development
subject to the provisions of Section 18 .54 of this
Ordinance
C. Accessory Uses
Fences
Signs, as per Chapter 18 . 65
Refuse containers
Other buildings and structures typically accessory to
permitted uses
Provisional Adoption 08/19/91 49
Temporary buildings and yards incidental to construction
work
18 . 30 . 030 LOT AREA AND WIDTH
There shall be no minimum lot area in the B-2 district however, no
lot width shall be less than 100 feet and the lot area shall be
sufficient to provide all required yard areas and off-street
parking.
18 . 30 . 040 LOT COVERAGE
In the B-2 district, the entire lot, exclusive of required yards
and parking, may be occupied by the principal and accessory
buildings .
18 . 30 . 050 YARDS
Every lot in the B-2 district shall have the following minimum
yards :
Front yards 25 feet
Rear yards 10 feet
Side yards 8 feet each side
(NOTE : All yards shall be subject to the provisions of 18 . 50 . 060
D. when applicable. )
18 . 30. 060 BUILDING HEIGHT
Maximum building height in the B-2 district shall be thirty-two
feet.
Provisional Adoption 08/19/91 50
CHAPTER 18 . 32
B-3 CENTRAL BUSINESS DISTRICT
18 . 32 . 010 INTENT
The intent of the B-3 central business district is to provide a
central area for the community' s business, government, service,
and cultural activities . Uses within this district should be
appropriate to such a focal center with inappropriate uses being
excluded. Room should be provided in appropriate areas for logical
and planned expansion of the present district.
It is the intent of this district to encourage high volume,
pedestrian oriented uses in ground floor space in the "core area"
of Bozeman' s Central Business District, i . e. , along Main Street
from Grand to Rouse and to the alleys one half block north and
south from Main Street. Lower volume pedestrian uses such as
professional offices may locate on ground floor space in the B-3
area outside the above defined core.
18 . 32 . 020 PERMITTED USES
Permitted uses in the B-3 district are as follows :
A. Principal uses
Ambulance service
Antique shop and store
Apartments , except on ground floor in "core area" as described
above
Apparel and accessory store
Appliance sales, services
Art galleries
Art supply stores
Audio-visual equipment sales and rental
Automobile parking lot or garage (public or private)
Auto supply store
Bakery for on-site sales, less than 4, 000 square feet
Banks and other financial institutions
Barber shop
Beauty parlor
Bicycle sales, service and repair shop
Book and stationery store
Business and office machine sales, service and repair shop
Butcher shops (retail sales only)
Candy and ice cream store
Churches, except on the ground floor in "core area" as
described above
Cigar and tobacco store
Clothing and costume sales and rental shop
Community center or meeting hall
Provisional Adoption 08/19/91 51
Convenience food store
Custom dressmaking, furrier, millinery or tailor shop
employing five persons or less
Dancing or theatrical studio
Delicatessen and catering establishment
Department store
Dry goods and notion store
Dry cleaning and laundry establishment, for drop off/pick up
service
Essential services (type I ) plus police and fire stations
Florist
Furniture store
Game rooms, pool halls
Gift shop
Grocery store ( including retail markets and produce store)
Handicraft manufacturing, primarily for on-site retail sales
Hardware store, no exterior storage
Health and exercise center
Hobby, and coin shop
Hotel or motel
Hunting and fishing supply store
Interior decorator' s shop
Jewelry and metal craft store
Laundromat, self service
Laundry, dry cleaning
Leather goods and luggage store
Libraries
Liquor store
Lock and key shop
Mail order catalog store
Medical, dental or health clinic, except on ground floor in
"core area" as described above
Medical and orthopedic appliance store
Messenger or telegraph service station
Museum
Music and instrument sales, service and repair shop
Music or dance studio
Newspaper office
Newsstand
Offices, public or private, except on ground floor within the
"core area" as described above
Office supply and office equipment store
Optician
Package liquor store
Paint and wallpaper store
Parking lots, except on ground level in "core area" as
described above
Pawn shop
Pet shop
Pet grooming shop
Pharmacies
Photographic equipment and supply store
Provisional Adoption 08/19/91 52
Photographic studio
Picture frame shop
Printing offices and publishing establishments
Private club, fraternity, sorority or lodge
Private schools, such as dance, business secretarial and
technical, but not private or public pre-school, elementary
or secondary schools, and not on ground floor in "core area"
as described above
Public buildings
Radio or television sales, with/without service and repair
Radio and television studio, without transmission towers
except on ground floor within the "core area" as described
above
Repair services for clothes, dolls, small appliances, watches,
glasses and such other items
Research laboratories , except on ground floor within the "core
area" as described above
Restaurants
Second hand stores
Sewing machine store
Shoe store
Shoe repair and shoe shine shop
Sporting and athletic goods store
Tailor shop, less than 5 employees
Theatre, excluding drive-in theatre
Toy store
Travel agency
Upholstery shops, excluding on-site upholstering services of
cars, boats, trucks and other heavy equipment
Variety store
Wallpaper store
Watch repair shop
Wholesale establishments that use samples , but do not stock
on premises
B. Conditional Uses
Automobile body shops
Automobile service stations
Automobile upholstery shops
Bakeries, other than as listed as principle uses above
Bar (tavern, cocktail lounge)
Bowling alley
Building materials sales
Bus terminal
Business, technical and vocation school
Car washes , hand operated
Casino
Civic centers
Convenience food restaurant
Convenience food store with gas pumps
Day care homes and centers
Provisional Adoption 08/19/91 53
Essential services (type II )
Hospitals
Mortuaries
Muffler sales and service shops
Offices, on ground floor within the "core area" as described
above
Restaurants serving alcoholic beverages
Retail uses in addition to those principle uses listed
Sign paint shops (not including neon sign fabrication)
Video arcades
Any use approved as part of a planned unit development
subject to the provisions of Section 18 . 54 of this
Ordinance
D. Accessory Uses
Signs, as per Section 18 . 65
Refuse containers
Other buildings and structures typically accessory to
permitted uses
Temporary buildings and yards incidental to construction
work
18 . 32 . 030 LOT AREA AND WIDTH
No minimum lot area or width is prescribed for the B-3 district.
18 . 32 . 040 LOT COVERAGE
In the B-3 district, buildings may cover entire lot providing other
requirements are met.
18 . 32 . 050 YARDS
A. No minimum yards prescribed for the B-3 district except a
fifteen-foot front yard shall be required on Mendenhall and
Babcock Streets .
B. Where at least fifty percent of a block (from cross-street to
cross-street) in the B-3 district is presently used for
residential purposes and commercial use is to be developed or
expanded, a minimum fifteen foot side or front yard shall be
required from the streets on which the residential use fronts .
C. All yards shall be subject to the provisions of 18 .50 . 060 D.
when applicable
18 . 32 . 060 BUILDING HEIGHT
Maximum building height in the B-3 district shall be fifty-five
feet .
Provisional Adoption 08/19/91 54
CHAPTER 18 . 34
M-1 LIGHT MANUFACTURING DISTRICT
18 . 34 . 010 INTENT
The intent of the M-1 light manufacturing district is to provide
for the community' s needs for wholesale trade, storage and
warehousing, trucking and transportation terminals, light
manufacturing and similar activities . The district should be
oriented to major transportation facilities yet arranged to
minimize adverse effects on residential development; therefore,
some type of screening may be necessary.
18 . 34 . 020 PERMITTED USES
Permitted uses in the M-1 district are as follows :
A. Principal Uses
Ambulance service
Automobile, boat or recreational vehicle sales , service and/or
rental
Automobile parking lot or garage (public or private)
Automobile repair facilities
Bakery
Banks and other financial institutions
Building contractor' s office
Building materials sales
Business and office machine sales, service and repair shop
Cabinet shops
Churches
Community center or meeting hall
Convenience food restaurant
Essential services (type I )
Health and exercise center
Hotel or motel
Manufacturing, light, and completely indoors
Medical, dental or health clinic
Messenger or telegraph service station
Newsstand
Nursery, plant
Offices
Office supply and office equipment store
Optician
Public buildings
Radio and television studio, without transmission towers
Repair and service establishments for light consumer goods,
such as appliances and furniture
Research laboratories
Restaurant
Sign shops
Provisional Adoption 08/19/91 55
Trade schools
Travel agency
Truck, bus, and rail terminal facilities
Warehousing
Warehousing, residential storage (mini-warehousing)
B. Conditional Uses
Automobile service station
Adult business, located no closer than five hundred feet
from any other adult use, home, residential district,
school, place of worship, public park or any youth-oriented
establishment
Amusement and recreational facilities
Animal shelters
Automobile washing establishment, drive through
Automobile washing establishment, self-service
Day care center
Essential services (type II )
Flour and feed mills
Food processing plants
Grain elevators
Machine shops
Retail establishments other than principle uses listed
Tennis and racquet clubs
Truck repair facilities
Truck stop
Truck service station
Truck washing establishment
Veterinary clinics
Any use approved as part of a planned unit development
subject to the provisions of Section 18 . 54 of this
Ordinance
C. Accessory Uses
Personnel service facilities providing services, education,
recreation, entertainment, food and convenience goods
primarily for those personnel employed in the Principal Use
Business signs
Outside storage if accessory to a principle use and if
screened from the street and surrounding properties by solid
fence or dense plantings at least six feet high
Trash receptacles
Other buildings and structures typically accessory to
permitted uses
Temporary buildings and yards incidental to construction
Any residential use which is clearly incidental to the
operation of a permitted principle or conditional use, such
as dormitories for the use of a scientific research center,
caretaker and watchman, including residential use in
connection with mini-warehousing for office/watchman purposes
Provisional Adoption 08/19/91 56
18 . 34 , 030 LOT AREA AND WIDTH
Lot area for the M-1 district shall not be less than seven thou-
sand five hundred square feet and no lot width shall be less than
seventy-five feet and the lot area shall provide all required yard
areas and off-street parking and loading.
18 . 34 . 040 LOT COVERAGE
In the M-1 district, the entire lot, exclusive of required yards
and parking, may be occupied by the principal and accessory
buildings .
18 . 34 . 050 YARDS
Every lot in the M-1 district shall have the following minimum
yards :
Front yard 20 feet
Rear yard none*
Side yards none*
*When a lot is adjacent to or across the street from another zone,
the yard requirements shall be the same as the adjoining zone and
buildings shall be screened with either a decorative fence or
plantings . The provisions of A-S, R-S, PLI, and BP shall be
interpreted as those of R-1 .
Also, rear or side yards adjacent to alleys shall be at least 15
feet .
(NOTE: All yards shall be subject to the provisions of 18 . 50 . 060
D. when applicable)
18 . 34 . 060 BUILDING HEIGHT
Maximum building height in the M-1 district shall be forty feet.
Provisional Adoption 08/19/91 57
CHAPTER 18 . 36
M-2 MANUFACTURING AND INDUSTRIAL DISTRICT
18 . 36 . 010 INTENT
The intent of the M-2 manufacturing and industrial district is to
provide for heavy manufacturing and industrial uses, serving
vocational and employment needs of Bozeman residents .
18 . 36 . 020 PERMITTED USES
Permitted uses in the M-2 district are as follows :
A. Principal Uses
All principal uses permitted in the M-1 district, plus any
manufacturing or industrial use is provided in this district
if in compliance with all provisions of this Ordinance;
however, no residential uses , auto wrecking yards, junk yards
or garbage dumps shall be permitted except as Conditional
Uses .
B. Conditional Uses
Automobile service station
Adult businesses ( if located no closer than five hundred feet
from any other adult business, home, residential district
boundary, school, church, public park or any youth-oriented
establishment)
Amusement and recreational facilities
Animal shelters
Automobile washing establishment, drive through
Automobile washing establishment, self-service
Day care center
Essential services (type II )
Garbage transfer station
Junk salvage yards (if adequately screened)
Production Manufacturing and generation facilities (electric
and gas )
Residences for owner or caretaker of junk salvage yards
Retail establishments other than principal uses listed
Solid waste landfill
Truck repair facilities
Truck stop
Truck service station
Truck washing establishment
Veterinary clinics
Any use approved as part of a planned unit development
subject to the provisions of Section 18 . 54 of this
Ordinance
Provisional Adoption 08/19/91 58
C. Accessory Uses
All accessory uses permitted in the M-1 District shall also
be permitted as accessory uses in the M-2 District.
18 . 36 . 030 LOT AREA AND WIDTH
There shall be no minimum lot area in the M-2 district, however no
lot width shall be less than 100 feet and the lot area shall
provide all required yard areas and off-street parking and loading.
18 .36 . 040 LOT COVERAGE
In the M-2 district, the entire lot, exclusive of required yards
and parking, may be occupied by the principal and accessory
buildings .
18 . 36 . 050 YARDS
Every lot in the M-2 district shall have the following minimum
yards :
Front yard 20 feet
Rear yard none*
Side yards none*
*When a lot is adjacent to or across the street from another zone,
the yard requirements shall be the same as the adjoining zone and
buildings shall be screened with either a decorative fence or
plantings . The provisions of A-S, R-S, PLI , and BP shall be
interpreted as those of R-1 .
Also, rear or side yards adjacent to alleys shall be at least 15
feet.
(NOTE: All yards shall be subject to the provisions of 18 . 50 . 060
D. when applicable)
18 . 36 . 060 BUILDING HEIGHT
The maximum building height in a M-2 district shall be 40 feet.
Provisional Adoption 08/19/91 59
CHAPTER 18 . 38
BP BUSINESS PARK DISTRICT
18 . 38 . 010 INTENT
The intent of the Business Park district is to provide for high-
quality settings and facilities for the development of a wide range
of compatible employment opportunities . These areas should be
developed so as to recognize the impact on surrounding or adjacent
development and contribute to the overall image of the community.
Compatibility with adjacent land uses and zoning is required.
18 . 38 . 020 PERMITTED USES
Permitted uses in the BP district are as follows :
A. Principle Uses
Administrative and research office facilities
Essential services (type I )
Laboratories, research and diagnostic
Manufacturing, light, and completely indoors
Pilot plants
Professional and business offices
Prototype development
Medical clinics
Hospitals
Technology research establishments
Temporary buildings, for and during construction only
B. Conditional Uses
Banks and financial institutions
Trade schools
Day care centers
Essential services (type II )
Health and exercise establishments
Any use approved as part of a planned unit development
subject to the provisions of Chapter 18 . 54 of this
Ordinance.
C. Accessory Uses
Fences
Signs, subject to Chapter 18 . 65
Refuse containers
Other buildings and structures typically accessory to
permitted uses
Temporary buildings and yards incidental to construction
work
Parking areas as required by Section 18 . 50 . 120
Provisional Adoption 08/19/91 60
18.38 . 030 LOT AREA AND WIDTH
Lot area for the BP district shall not be less than one acre, and
no lot width shall be less than one hundred fifty feet.
18 . 38 . 040 LOT COVERAGE
Not more than sixty percent of the total lot area shall be occupied
by impervious surfaces in the BP district . The remaining forty
percent of the total lot area shall be landscaped as defined in
Section 18 . 50 . 100
18 . 38. 050 YARDS
Every lot in the BP district shall have the following minimum
yards :
Front yard 35 feet*
Rear yard 25 feet*
Side yard 25 feet*
*All yards fronting on public or private streets shall be a minimum
of thirty-five feet. Front, rear and side yard requirements shall
be increased three feet for each additional 5, 000 square feet over
total gross floor area of 25, 000 square feet, up to maximum
requirement of 40 feet for rear and side yards and 50 feet for
front yards .
(NOTE: All yards shall be subject to the provisions of 18 . 50 . 060
D. when applicable)
18 . 38 . 060 BUILDING HEIGHT
The maximum building height in the BP district shall be 32 feet .
Provisional Adoption 08/19/91 61
CHAPTER 18 . 39
PLI PUBLIC LANDS AND INSTITUTIONS DISTRICT
18 . 39 . 010 INTENT
The intent of the PLI public lands and institutions district is to
provide for major public and quasi-public uses outside of other
districts . Not all public and quasi-public uses need to be
classified PLI . Some may fit within another district; however,
larger areas will be designated PLI .
18 . 39 . 015 APPLICABILITY
To the maximum extent allowed by State law, all PLI development
shall be subject to review and approval by the City Commission,
based upon recommendations received from the Development Review
Committee and Design Review Board, and shall be required to comply
with all applicable underlying zoning requirements, as well as any
requirements for Certificates of Appropriateness as established in
Design Objective Plans or other Overlay District regulations or
guidelines .
18 . 39 . 020 PERMITTED USES
Permitted uses in the PLI district are as follows :
A. Principal Uses
Ambulance service
Cemeteries
Essential services (type I )
Museums , zoos, historic and cultural facilities and exhibits
Other public buildings, i . e. , fire and police stations and
municipal buildings
Public and non-profit, quasi-public institutions, i .e. ,
universities, elementary, junior and senior high schools and
hospitals
Publicly owned land used for parks , playgrounds and open
space
B . Conditional Uses
All principal and any accessory uses shall be subject to site
plan review and any conditions required as part of site plan
approval . Permitted conditional uses in the PLI district
shall include day care centers, essential services (type II ) ,
and solid waste landfill facilities .
Provisional Adoption 08/19/91 62
C. Accessory Uses
Other buildings and structures typically accessory to
permitted uses .
18 . 39 . 030 LOT AREA AND WIDTH
The lot area and width requirement of the PLI district is as
follows :
No requirement
18 . 39 . 040 LOT COVERAGE
In the PLI district, the entire lot, exclusive of required yards
and parking, may be occupied by the principal and accessory
buildings .
18 . 39 . 050 YARDS
In the PLI district, there is no yard requirement except when a
lot is adjacent to another district. The yards then shall be the
same as the adjacent district .
(NOTE : All yards shall be subject to the provisions of 18 . 50 . 060
D. when applicable)
Provisional Adoption 08/19/91 63
CHAPTER 18 .40
HISTORIC MIXED USE DISTRICT
18 .40 . 010 DESCRIPTION AND PURPOSE
Due to historical development patterns, certain areas of the City
are characterized by a mixture of uses such as residential and
commercial uses or residential and industrial uses which are
normally segregated under standard zoning districts . In some
instances, provision for a continuation of a mixture of uses will
serve both the public interest and allow a more equitable balancing
of private interests than would the utilization of a standard
zoning district. Because of the variety of circumstances which
exist in different areas of the City and the different treatment
accorded those areas in the Master Plan, it is not possible to
establish a zoning district with uniform listing of uses and
standards which is applicable to all such areas . Therefore, the
Historic Mixed Use District is intended to provide procedures and
criteria for recognition of such areas and for the development of
standards governing each application of the district to a
particular area. It is further intended that the Historic Mixed
Use District will be very selectively used.
18 . 40 . 020 CRITERIA FOR ESTABLISHMENT OF THE HISTORIC MIXED USE
DISTRICT
Before any area is designated as a Historic Mixed Use District,
the City Commission shall make affirmative findings that:
A. The area to be classified as a Historic Mixed Use District
includes the approximate equivalent of at least one standard
city block ( 300 ' x 300 ' ) , not held in single ownership unless
developed over time while held in multiple ownership.
B. A special study of the area has been completed showing how
the proposed Historic Mixed Use District would be integrated
with the surrounding area consistent with the objectives of
the Master Plan and other applicable policies adopted by the
City.
C. At least 50 percent of the lots to be classified as an
Historic Mixed Use District are already developed with
structures .
D. The existing development has occurred over a period of years
and is characterized by a mixture of uses not permissible
under a single zoning classification and includes a
representative sampling of uses in the immediate area.
Provisional Adoption 08/19/91 64
E . None of the standard zoning districts are capable of or
suitable for promoting the objectives of the Master Plan
applicable to pre-existing non-conforming uses .
F. The uses to be permitted within the Historic Mixed Use
District will be compatible with one another and will provide
a functional and healthful environment.
G. The uses to be permitted and the development standards to be
applied in the proposed district will promote the objectives
of the Master Plan and other applicable policies adopted by
the City.
18 . 40 . 030 HISTORIC MIXED USE DISTRICT ELEMENTS
Because the Historic Mixed Use District is designed to be applied
to diverse situations, the specific mixture of uses permitted and
the development standards required will have to be specified for
each application of the district to a particular area. Therefore,
the ordinance applying the Historic Mixed Use District to a
specific area shall contain the following elements :
A. A description and purpose section setting forth the specific
purposes the district is intended to accomplish in the
particular situation.
B. A use section setting forth the activities or categories of
activities to be permitted, or the performance standards to
be used in evaluating specific activities . This section shall
govern the uses within a particular Historic Mixed Use
District.
C. A standards section setting forth general development
standards governing parking, coverage, setbacks, height
limitations , and other factors which are either different than
or supplemental to the normal standards of the code.
D. Exemption. When an area has been classified as a Historic
Mixed Use District, the general building and development
standards set forth in Chapter 18 .50 of this code shall
govern, but not to the extent the special development
standards set forth under Section 18 .40 . 030 C shall prevail .
18 . 40 . 040 INITIATION, PROCEDURES, AND NOTICE
Application for Historic Mixed Use District designation shall be
administered under the provisions established in Chapter 18 . 55,
Text Amendment and Rezoning Changes .
In addition, all HMUD applications shall be reviewed by the Design
Review Board.
Provisional Adoption 08/19/91 65
CHAPTER 18 . 41
R-MH SINGLE FAMILY MOBILE HOME DISTRICT
18 .41 . 010 INTENT
The intent of the R-MH Single-Family Mobile Home District is to
provide for single-family mobile home and single-family dwelling
developments and directly related complementary uses within the
City of Bozeman at a medium density. The District is intended to
be strictly residential in character with a minimum of disturbances
due to traffic or overcrowding.
18 . 41 . 020 PERMITTED USES
Permitted uses in the R-MH district are as follows :
A. Principal Uses
Single-family mobile homes
Public parks
Day care homes, family
Day care homes, group
Essential services (type I )
Mobile home parks on sites of not less than ten acres, with
a minimum of twenty-five lots
Mobile home subdivisions on sites of not less than ten acres
B. Conditional Uses
Churches
Day Care Centers
Essential services (type II)
Public buildings
Golf courses
Temporary sales and office buildings
Private recreational vehicle and boat storage areas for more
than two vehicles
Any use approved as part of a planned unit development
subject to the provisions of Section 18 . 54 of this
Ordinance
C. Accessory Uses
Accessory buildings and uses customarily incidental thereto .
No part of any mobile home park or subdivision shall be used
for nonresidential purposes, except such uses that are
required for direct servicing and the well-being of park
residents and for management and maintenance of the park or
subdivision. Nothing in this section shall be deemed as
prohibiting the sale of a mobile home located on a mobile home
stand and connected to the pertinent utilities .
Provisional Adoption 08/19/91 66
Fences
Greenhouses
Home occupations
Private garage
Private or jointly owned community center recreational
facilities, pools, tennis courts, spas, recreational vehicle
and boat storage areas for less than three vehicles
Tool sheds, for storage of domestic supplies
Temporary buildings and yards incidental to construction
work
Other buildings and structures customarily accessory to
mobile home development
18 . 41 . 030 LOT AREA AND WIDTH
The minimum lot area for the R-MH district shall be 5 , 500 square
feet where both community water and sanitary sewer is available.
The minimum lot width shall be 55 feet.
18 . 41 . 040 YARDS
Every lot shall have the following yards :
Front yard 20 feet
Rear yard 8 feet
Side yard 8/20* feet
Corner side yard 20 feet
* No side yard shall be less than 8 feet; at least one side yard
shall be 20 feet.
(NOTE : All yards shall be subject to the provisions of 18 . 50 . 060
D. when applicable)
18 . 41 . 050 BUILDING HEIGHT
Maximum building height shall be twenty-four feet.
18 . 41 . 060 ADDITIONAL BUILDING AND PERFORMANCE STANDARDS
Development of any parcel of land within this district shall be
subject to all applicable requirements of Chapter 18 . 50 of this
Ordinance, including, but not limited to, fences, parking, signs,
landscaping and home occupations . In addition, single-family
mobile home development will be subject to the following general
requirements:
A. Minimum Area for R-MH District
The minimum total R-MH District shall be no less than five
( 5 ) acres unless the applicant can show that the minimum area
requirements should be waived because the waiver would be in
Provisional Adoption 08/19/91 67
the public interest and that one or all of the following
conditions exist:
1 . Unusual physical features of the property itself or of
the surrounding area such that development under the
standard provisions of this Ordinance would not be
appropriate in order to conserve a physical or terrain
feature of importance to the neighborhood or community,
or
2 . The property is adjacent to or across the street from
property which has been developed under the provisions
of this section and will contribute to the amenities of
the area.
Waiver of the five ( 5 ) acre minimum may be granted by the City
Commission.
B. Plumbing and Electrical Requirements
All mobile home developments developed under this Chapter
shall comply with Montana State Department of Health's
regulations No . 54-500 or any amendment thereto concerning
plumbing and electrical requirements .
C. Lot Improvements
1 . Utility Hook-Up
Every mobile home shall be permanently connected to
electric power, water supply, sewage disposal, gas and
telephone service lines in compliance with applicable
City of Bozeman codes, and all utility distribution and
service lines shall be installed underground.
2 . Permanent Foundations and Anchoring
All mobile homes shall be required to be physically
connected to an approved permanent foundation. Minimum
permanent foundation standards for mobile homes are
availailable at the City Building Department. Building
Permits issued through the City Building Deparmtnent are
required for said foundations .
3 . Maintenance
a. There shall be no exposed outdoor storage of
furniture (except lawn furniture) , household goods ,
tools, equipment, or building materials or supplies .
b. No mobile home may be parked on a public or private
street for more than 24 hours .
Provisional Adoption 08/19/91 68
c . An abandoned, burned, or wrecked mobile home must
be secured against entry as directed by the fire
chief and may not be kept on a lot for more than 45
days .
d. Each mobile home must bear an insignia which attests
that the construction of the mobile home meets
regulations A119 . 1 of the American National
Standards Institute (adopted by the U. S . Department
of Housing and Urban Development) , or be certified
as meeting the Mobile Home Construction and Safety
Standards of the U. S . Department of Housing and
Urban Development.
e. Standard mobile home skirting must be provided
around the entire perimeter of the mobile home
between the bottom of the body of the mobile home
and the ground, except where the running gear has
been removed and the mobile home itself if attached
directly to the permanent foundation.
f . All required front yards of mobile home lots shall
be fully landscaped.
g. All private, commonly owned recreation areas not
devoted to buildings, structures, surfaced courts,
sand boxes, etc . shall be landscaped and irrigated.
D. Permits and Inspections
1 . Move-in Permit Required
All mobile homes moved into the zoning jurisdiction of
the City of Bozeman must be issued a move-in permit,
pursuant to this section, and be inspected by the
Building Inspector, City of Bozeman prior to gas and
electric service being turned on by the servicing
utility. A copy of the original sales contract shall be
available for permit informational purposes .
2 . City Inspection Required
The required inspections for mobile homes shall include
on-site utilities requirements including gas, electric,
sewer and water, setback requirements, and off-street
parking requirements, fees for which have been
established by the City Commission by resolution.
It shall be unlawful for any person, firm, corporation
or agency to turn on, or allow to be turned on, any gas
or electric service without an inspection and clearance
from the Building Inspector of the City of Bozeman.
Provisional Adoption 08/19/91 69
3 . Non-Mobile Home Improvements Subject to U.B .C.
Permits must be obtained for additions, alterations,
canopies, carports, storage areas and detached
refrigeration units that were not included in the
original sale of the mobile home unit, fees for which
are set by the Uniform Building Code ( Section 8-1 ) and
Uniform Mechanical Code (Section 9-4 ) .
4 . Owner' s Responsibility
It shall be the responsibility of the individual property
owners or, in the case of a rental park, the managers of
rental parks to see than all sections of this article are
complied with, including requirements relative to
placement of mobile homes, and all required permits .
Provisional Adoption 08/19/91 70
CHAPTER 18 . 42
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT
18 . 42 . 010 INTENT AND PURPOSE
All new construction, alterations to existing structures , movement
of structures into or out of the Neighborhood Conservation Overlay
District, hereinafter referred to as Conservation District, or
demolition of structures by any means or process will be subject
to review by the Design Review Board. The recommendations of the
Design Review Board shall have substantial weight in the final
action of any agency, board or commission involved in Conservation
District development decisions .
This chapter defines and sets forth standards which apply to
Conservation Districts .
The intent and purpose of the Conservation District designation is
to stimulate the restoration and rehabilitation of structures, and
all other elements contributing to the character and fabric of
established residential neighborhoods and commercial or industrial
areas . New construction will be invited and encouraged provided
primary emphasis is given to the preservation of existing buildings
and further provided the design of such new space enhances and
contributes to the aesthetic character and function of the property
and the surrounding neighborhood or area. Contemporary design will
be encouraged, provided it is in keeping with the above stated
criteria, as an acknowledged fact of the continuing developmental
pattern of a dynamic, changing community. The neighboring community
shall be provided notice and opportunity to comment upon the
proposed property improvements and further, shall have the right
to appeal the decisions of the Design Review Board, the agency
responsible for implementing the provisions of this chapter.
In view of the fact that most of the area included within the
boundaries of the Conservation District was developed and built
out prior to the adoption of zoning and contemporary subdivision
regulations, construction, development pattern and range of uses
is highly diverse and frequently not in compliance with
conventional regulatory requirements . This chapter recognizes that
this diversity is a major contributing element of the historic
character of these neighborhoods or areas . The provisions of this
chapter shall be applied in a manner that will encourage the
protection and enhancement of the many diverse features for future
generations .
The Conservation District boundary is largely coterminous with the
area surveyed in the effort that led to the listing of eight
districts and forty additional Landmark structures in the National
Register of Historic Places and includes the eight designated
Provisional Adoption 08/19/91 71
districts and forty Landmarks . This chapter sets forth the means
of protecting and enhancing the Conservation District.
It is further the purpose of the Conservation District designation
to protect and enhance neighborhoods or areas of significant land
planning or architectural character, historic landmarks or other
built or natural features for the educational, cultural, economic
benefit or enjoyment of Bozeman citizens . It will be the policy and
responsibility of the administrative entities of this chapter to:
A. Protect, preserve, enhance and regulate structures ,
archaeological sites and areas that are reminders of past
eras, events or persons important in local, state or national
history; or which provide significant examples of land
planning or architectural styles or are landmarks in the
history of land planning and architecture; or which are unique
or irreplaceable assets to the City and its neighborhoods; or
which provide examples of physical surroundings in which past
generations lived; or which represent and express the unique
characteristics of small agricultural based, western city
developmental patterns;
B. Enhance property values through the stabilization of
neighborhoods and areas of the City, increase economic and
financial benefits to the City and its inhabitants, and
promote tourist trade and interests;
C. Develop and maintain the appropriate environment for
buildings, structures, sites and areas that reflect varied
planning and architectural styles and distinguished phases of
Bozeman' s history and prehistory.
D. Stimulate an enhancement of human life by developing
educational and cultural dimensions which foster the knowledge
of Bozeman' s heritage, and cultivate civic pride in the
accomplishments of the past; and
E . Seek to maintain and enhance the many private and public
elements that are unique to the fabric, theme, and character
of each neighborhood and area, including but not limited to:
lighting, pathways, street trees, natural areas and other
features that may, from time to time, be identified by the
citizens and property owners of neighborhoods, areas, and
subsections thereof .
F. Provide the neighboring community with notice and opportunity
to comment upon the proposed property improvements, and to
further provide the neighboring community with the right to
appeal the decisions of the Design Review Board, the agency
responsible for enforcing the provisions of this chapter .
Provisional Adoption 08/19/91 72
18 .42 . 020 DEFINITIONS
Unless specifically defined below, words and phrases in this
chapter shall be interpreted so as to give them the same meaning
as set forth in the principal definitions section (Chapter 18 . 04)
of the zoning ordinance, or if not so defined, shall have the same
meaning as they have in common usage and so as to give this chapter
its most reasonable application.
A. Alteration - Any act or process, except repair 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. Additionally, any act or process
that changes the interior architectural features of that
portion of a public or private property commonly frequented
by the general public. Interior architectural alteration
review shall apply only to structures, sites, and districts
listed on the National Historic Register, however, changes
upon interior elements of private residences shall be exempted
from this requirement provided there is no visible element of
such change from the buildings exterior.
B. Architectural Appearance - The architectural character and
general composition of a structure, including but not limited
to, the kind and texture of the building' s materials and the
type, design and character of all windows, doors, light
fixtures, signs and appurtenant exterior elements; and,
interior architectural detail including, but not limited to,
floors, fixtures, hardware, ornamentation and other elements
that contribute to the building' s architectural or historical
significance.
C. Area - A specific geographic division of the City of Bozeman.
D. Certificate - A Certificate of Appropriateness issued by the
Design Review Board indicating its approval of plans to alter
a structure.
E. Conservation District - An area designated as the
"Neighborhood Conservation Overlay District" on the City
Zoning Map pursuant to the procedures set forth herein.
F . Construction - The act of adding to an existing structure or
erecting a new principal or accessory structure.
G. Demolition - Any act or process that destroys , in part or
whole, a structure or archaeological site.
H. Landmark - A site, structure or object designated as a
"Landmark" pursuant to the procedures prescribed herein, that
is worthy of preservation, restoration or rehabilitation
Provisional Adoption 08/19/91 73
because of its historic land planning or architectural
significance and officially recognized through listing in the
National Register. A Landmark shall be subject to all
Conservation District procedures and requirements .
I . National Register - National Register of Historic Places . A
list, maintained by the U. S . Department of Interior, of sites,
properties, objects and districts having local, state or
national historical, architectural or cultural significance.
J. Preservation Board - The Bozeman Historic Preservation
Advisory Board.
K. Relocation - Any movement of a structure on the same site or
to another site.
L. Repair - Any change not otherwise construed as an alteration,
as herein defined, that constitutes replacing broken, worn or
damaged materials with like, not necessarily identical,
materials and is insignificant to the size and condition of
the structure or property. Repainting and reroofing shall be
included uner this definition of repair.
18 . 42 . 030 DESIGN REVIEW BOARD POWERS AND DUTIES WITHIN
CONSERVATION DISTRICTS
It is intended that the Design Review Board will review development
within Neighborhood Conservation Districts in order to maintain
underlying and desirable characteristics of structures and areas
within said Districts, while recognizing the need for innovation
and individual expression in the development of these Districts .
In carrying out this mission, the Design Review Board shall have
the following powers and duties within Conservation Districts :
A. The Design Review Board is empowered to implement Conservation
District procedures and requirements and, within the
Conservation Districts is empowered to:
1 . Approve, conditionally approve, or deny property
alterations and development projects requiring sketch
plan or minor site plan review (as per Chapter 18 .52 )
through the issuance or denial of Certificates of
Appropriateness; or
2 . Recommend the approval, conditional approval, or denial
of a Certificate of Appropriateness to the body with
final approval authority for the project in the case of
major site plans, Conditional Use Permits, and Planned
Unit Developments;
B. To hold public meetings and review applications for property
alterations;
Provisional Adoption 08/19/91 74
C. To develop and apply specific guidelines for the alteration
of structures, sites, or areas;
D. To review all development proposals , applications for zoning
amendments, or applications for moving, demolition or any
other kind of permit that may affect properties within
Conservation Districts . The Director of Planning and the
Building Official shall refer all such matters to the Design
Review Board for appropriate action;
E. To call upon City staff or persons having technical expertise
for advice;
F. To testify before all boards, commissions and agencies on any
matter affecting architecturally significant sites,
structures , objects, areas, neighborhoods and districts;
G. To review any tax abatement or other incentive programs
being considered by the City Commission that are designed to
stimulate preservation and rehabilitation of structures and
properties, and to review any proposed action or development
utilizing these abatement or incentive programs .
18 .42 . 040 CONSERVATION DISTRICT DESIGNATION OR RECISION
A site, structure, object, area or district may be designated or
rescinded as a Landmark, or added to or removed from the
Conservation District by the City Commission upon recommendation
of the Preservation Board if the property owner concurs subject to
the provisions of Chapter 2 . 80 of the Bozeman Municipal Code,
HISTORIC PRESERVATION ADVISORY COMMISSION, and Chapter 18 . 55 TEXT
AMENDMENT AND REZONING CHANGES .
18 .42 . 050 CERTIFICATE OF APPROPRIATENESS
A Certificate of Appropriateness, received from either the Design
Review Board, Planning Board, or the City Commission, shall be
required before any and all alteration( s ) other than repair as
defined herein, are undertaken upon any structure in the
Conservation District. For alterations not requiring City
Commission approval, compliance with the Design Review Board' s
decisions will be mandatory subject to appeal to the City
Commission as set forth in Chapter 18 . 58 of this Ordinance.
Application procedures are as follows:
A. No building, demolition, conditional use, or moving permit
shall be issued within the Conservation District until a
Certificate of Appropriateness has been issued by the Design
Review Board or appropriate review authority, and until final
action on the proposal has been taken.
Provisional Adoption 08/19/91 75
B. Application and review procedures for proposals located within
the Conservation District are set forth in Chapter 18 . 51
DESIGN REVIEW BOARD AND DEVELOPMENT REVIEW COMMITTEE.
Additionally, in order to accommodate limited "weekend" type
projects , a Certificate may be applied for and issued without
posting the property, if the Administrative Officer and an
architect on the DRB approve and sign the application.
"Weekend" type projects may include such alterations as
fencing, sidewalk and driveway construction, or removal of
dilapidated, unsafe structures .
C. A denial of a Certificate shall be accompanied by a written
statement of reasons for the denial .
D. Aggrieved persons, as defined in Chapter 18 , 58 of this
ordinance, may appeal the decision of the Design Review Board
pursuant to the provisions of said Chapter. In such event,
the issuance of a Certificate shall be stayed until the appeal
process has been satisfied.
18 . 42 . 060 STANDARDS FOR CERTIFICATES OF APPROPRIATENESS
A. In considering an application for a Certificate, the Design
Review Board shall be guided by the "Secretary of Interior' s
Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings (Revised 1983 ) " , published by U. S .
Department of the Interior, National Park Service,
Preservation Assistance Division, Washington, D.C. , (available
for review at the Bozeman City-County Planning Office) .
B. Architectural appearance design guidelines used to consider
the appropriateness and compatibility of proposed alterations
with original design features of subject structures or
properties and with neighboring structures and properties
shall focus upon the following:
1 . Height
2 . Proportions of Doors and Windows
3 . Relationship of Building Masses and Spaces
4 . Roof Shape
5 . Scale
6 . Directional Expression, with regard to the dominant
horizontal or vertical expression of surrounding
structures .
7 . Architectural Details
Provisional Adoption 08/19/91 76
C. Non-period and innovative design of new structures and
additions to existing structures shall be encouraged when such
new construction or additions do not destroy significant
historical, cultural or architectural structures or their
components and when such design is compatible with the
foregoing elements of the structure and surrounding
structures .
18 . 42 . 070 APPLICATION REQUIREMENTS FOR CERTIFICATES OF
APPROPRIATENESS IN CONSERVATION DISTRICTS
Applications for Certificates of Appropriateness shall be made in
conjunction with applications for Major or Minor Site Plan
Approval, in accordance with Chapter 18 . 52 of this ordinance.
Where development projects in the Conservation District do not
require Site Plan Review as per Chapter 18 . 52 of this
ordinance(i.e. single-family and two-family residential structures;
signs; fences; property alterations; and certain amendments to site
Plans ) , applications for Certificates of Appropriateness shall be
made on a form provided by the City-County Planning Office, and
shall include the information and material as set forth in Chapter
18 . 52 of this Ordinance.
18 . 42 . 080 DEVIATIONS FROM UNDERLYING ZONING REOUIREMENTS
Because the development of much of historic Bozeman preceded zoning
and construction regulations, many buildings within the
Conservation District do not conform to contemporary zoning
standards . In order to encourage restoration and rehabilitation
activity that would contribute to the overall historic character
of the community, deviations from underlying zoning requirements
may be granted by the City Commission after considering the
recommendations of the Design Review Board. The criteria for
granting deviations from the underlying zoning requirements are:
1 . Modifications shall be consistent with the intent and
purpose of this chapter, the zoning ordinance, and any
adopted Master Plan.
2 . Modifications will have minimal adverse effect on
abutting properties or the permitted uses thereof .
3 . Modifications shall assure the protection of the public
health, safety, and general welfare. Approvals may be
conditioned to assure such protection, and such
conditions may include:
a. A time period within which alterations will be
completed;
b. Landscaping and maintenance thereof;
Provisional Adoption 08/19/91 77
c. Surfacing and marking of off-street parking and
loading areas;
d. Any other conditions in conformity with the intent
and purpose set forth in this chapter.
18 . 42 . 090 DELAY OF PROPOSED DEMOLITION
Should the City Commission, upon recommendation of the Design
Review Board, conclude that the proposed demolition of a Landmark,
archaeological site, or a structure in the Conservation District
would have a significant effect detrimental to the importance of
the Landmark, archaeological site or Conservation District, it
shall notify the Building Official of an official postponement of
action. Said postponement shall bar the issuance of a demolition
permit for a period not to exceed twelve ( 12 ) months . Reasons for
postponement for a specified time within the twelve month period
shall be forwarded with the official notice.
If, at the expiration date of the postponement, no resolution or
compromise agreement is reached and no action has been taken by
the City or State toward acquisition or condemnation of the
property in question, a permit authorizing the demolition shall be
issued by the Building Official without need for a Certificate or
any other action by the Design Review Board or City Commission.
In such event, however, the zoning provisions of the Conservation
District, the underlying zoning district, and all other building
and development requirements shall be applicable to the
redevelopment of the site.
18 . 42 . 100 APPEALS
All decisions of the Design Review Board may be appealed to the
City Commission pursuant to the provisions of Chapter 18 . 58 , Plan
Appeals Procedure.
Provisional Adoption 08/19/91 78
CHAPTER 18 . 43
BOZEMAN AREA ENTRYWAY CORRIDOR OVERLAY DISTRICT
18 . 43 . 010 TITLE
These regulations shall be known as the Bozeman Area Entryway
Corridor Overlay District Regulations and may be cited as the
Entryway Corridor Regulations .
18 .43 . 020 INTENT AND PURPOSE
There are several arterial corridors entering the Bozeman area that
introduce visitors and residents alike to Bozeman and the Gallatin
Valley. The visual attributes of these roadways provide a lasting
impression of the character of the Bozeman area . It is the intent
and purpose of this Chapter to ensure the quality of development
along these corridors will enhance the impression and enjoyment of
the community, both by guiding development and change that occurs
after the adoption of this Ordinance and by stimulating and
assisting, in conjunction with other provisions of this Ordinance,
improvements in signage, landscaping, access and other contributing
elements of entry corridor appearance and function.
It is the intent of this Chapter to establish design criteria,
standards and review procedures that will allow the City and its
advisory boards and agencies to review and direct, in a fair and
equitable manner, the development and redevelopment of future and
existing properties and facilities within the entry corridors .
It is further the intent of this Chapter to provide the neighboring
community with notice and opportunity to comment upon the proposed
property improvements, and to further provide the neighboring
community with the right to appeal the decisions of the Design
Review Board, the agency responsible for implementing the
provisions of this chapter. The recommendations of the Design
Review Board shall have substantial weight in the final action of
any agency, board or commission involved in Entryway Corridor
development decisions .
18 .43 . 030 APPLICATION OF ENTRYWAY CORRIDOR PROVISIONS
Entryway Corridor provisions shall apply to all Entryway Corridor
Areas as designated on the adopted Bozeman Area Master Plan.
Specifically, these provisions shall be applied to all developments
within such corridors as follows :
Class I : All development wholly or partially within six hundred
sixty ( 660) feet of the centerline of the following roadways :
Provisional Adoption 08/19/91 79
o Interstate 90, within the Bozeman Zoning jurisdictional
boundary, measured from the centerline of the outside
lanes of the opposing roadways and from the centerline
of the access ramps .
o Interstate 90 frontage roads within the Bozeman Zoning
jurisdictional boundary, whether or not they be
designated "Frontage Roads" .
o U. S . 10, from the 1-90/North Seventh Avenue Interchange
west to the Bozeman Zoning jurisdictional boundary.
o U. S . 191 , west from Ferguson Road to the Bozeman Zoning
jurisdictional boundary.
Class II : All development wholly or partially within the lesser
of one ( 1 ) city block or three hundred thirty ( 330) feet of the
centerline of the following roadways :
o Seventh Avenue, south from the I-90 Interchange to Main.
o Nineteenth Avenue, south from the I-90 corridor to the
Bozeman Zoning jurisdictional boundary.
o Main Street, east from Broadway to Interstate 90 .
o Main Street, west from Seventh Avenue to Ferguson Road.
o Rouse Avenue and State Primary 86 (Bridger Canyon Road)
from Tamarack north and east to the Bozeman Zoning
jurisdictional boundary.
The provisions of this Chapter shall be applied in addition to any
other applicable regulations of this Zoning Ordinance.
18 . 43 . 040 DESIGN REVIEW BOARD POWERS AND DUTIES WITHIN ENTRYWAY
CORRIDORS
The Design Review Board shall have the following powers and duties
within Entryway Corridors :
A. The Design Review Board is empowered to implement Entryway
Corridor procedures and requirements and, within the Entryway
Corridors is empowered to :
1 . Approve, conditionally approve, or deny property
alterations requiring sketch plan or minor site plan
review as defined in Chapter 18 . 52 through the issuance
or denial of Certificates of Appropriateness; or
Provisional Adoption 08/19/91 80
2 . Recommend the approval, conditional approval, or denial
of a Certificate of Appropriateness to the body with
final approval authority for the project in the case of
major site plans, Conditional Use Permits , and Planned
Unit Developments .
B. To hold public meetings and review applications for property
alterations within Entryway Corridors and issue or deny
Certificates of Appropriateness for such actions .
C. To develop and apply specific requirements and general design
guidelines for the development or alteration of structures or
property within the Entryway Corridors;
D. To review all development proposals, applications for zoning
amendments , or applications for moving, demolition or any
other kind of permit that may affect properties located within
Entryway Corridors . The Director of Planning and the Building
Official shall refer all such matters to the Design Review
Board for appropriate action;
E . To call upon City staff or persons having technical expertise
for advice;
F. To testify before all boards, commissions and agencies on any
matter affecting Entryway Corridors;
18.43 . 050 CERTIFICATE OF APPROPRIATENESS
A Certificate of Appropriateness, received from either the Design
Review Board, Planning Board, or the City Commission, shall be
required before any and all alteration( s) other than repair as
defined in Chapter 18 .42 , are undertaken upon any structure in the
Entryway Corridor. For alterations not requiring City Commission
approval, compliance with the Design Review Board' s decisions will
be mandatory subject to appeal to the City Commission as set forth
in Chapter 18 . 58 of this Ordinance. Application procedures are as
follows :
A. No building, demolition, sign, conditional use, or moving
permit shall be issued within an Entryway Corridor until a
Certificate of Appropriateness has been issued by the Design
Review Board or the appropriate review authority, and until
final action on the proposal has been taken.
B . Application and review procedures for proposals located within
Entryway Corridors are set forth in Chapter 18 . 51 DESIGN
REVIEW BOARD AND DEVELOPMENT REVIEW COMMITTEE .
C. A denial of a certificate shall be accompanied by a written
statement of reasons for the denial .
Provisional Adoption 08/19/91 81
D. Aggrieved persons , as defined in Chapter 18 .58 of this
ordinance, may appeal the decision of the Design Review Board
pursuant to the provisions of said Chapter. In such event,
the issuance of a Certificate shall be stayed until the appeal
process has been satisfied.
18 .43 . 060 DESIGN CRITERIA AND DEVELOPMENT STANDARDS FOR
CERTIFICATES OF APPROPRIATENESS
The following general design criteria and development standards
shall apply to all development occurring within the area described
in Section 18 . 43 . 030, above.
A. General Standards
1 . The development shall provide for adequate open space,
circulation, off-street parking, and pertinent amenities .
Buildings, structures and facilities in the parcel shall
be integrated, oriented and related to the topographic
and natural landscape features of the Bozeman Area.
2 . The proposed development shall be compatible with
existing and planned land use, and with circulation
patterns on adjoining properties . It shall not
constitute a disruptive element to adjacent or nearby
properties or to the environmental character of the
Bozeman Area.
3 . The proposed development shall also comply with all
applicable design standards, including any which are
identified in adopted Design Objective Plans for the
area.
B. Access Standards
Initial access provision to properties fronting on any Class
I entryway corridor roadway shall be designed so access points
on said roadway are spaced no more closely than every 660
feet. Initial access provision to properties fronting on any
Class II entryway corridor roadway shall be designed so access
points on said roadway are spaced no more closely than every
330 feet or one city block.
Revised access schemes to previously developed or subdivided
property shall consolidate access points on entryway roadways
whenever possible and shall add no additional points of access
to said roadways unless such addition can be demonstrated to
improve the operation of the entryway roadway. It shall be
the obligation of the applicant to determine an acceptable
method of access to his/her property including securing access
easements from adjacent properties, if necessary.
Provisional Adoption 08/19/91 82
When addressing pre-existing development in fully built-up
areas, these access standard provisions shall be interpreted
in a practical manner allowing for continuing reasonable
access to properties along Entryway Corridors .
C. Parkina Standards
1 . Parking Setback
Parking facilities shall comply with the applicable
requirements of this Ordinance except that no parking
area shall be located closer than 50 feet to any Class
I entryway corridor roadway right-of-way or 25 feet to
any Class II entryway corridor roadway right-of-way.
2 . Parking Landscaping
Unless specific screening or buffering techniques are
required, all parking areas shall be landscaped to appear
from any entryway roadway as an extension of the na: ral
Gallatin Valley landscape. This will be accompll,hed
through the use of berms, depressed parking, natural
landscape materials surrounding and within the parking
areas, or other means to accomplish the desired effect
of preserving the area' s natural views .
D. Building Standards
1 . Setbacks
Buildings in any entryway corridor shall be set back from
an entryway roadway right-of-way as follows :
Class I : 50 feet
Class II : 25 feet
2 . Design
Building design and materials shall be compatible with,
and complement the views offered as a backdrop to the
building, as seen from the entryway roadway.
E. Landscaping and Open Space Standards
1 . Open Space
All developments shall preserve a landscaped open space
area between any entryway roadway right-of-way and
parking area or building as follows :
Class I : 50 feet
Class II : 25 feet
Provisional Adoption 08/19/91 83
2 . Landscaping
All developments within an entryway corridor shall be
subject to the landscaping requirements of this
Ordinance.
F. Sianaae Standards
All signage shall meet the requirements of Chapter 18 . 65 of
this Ordinance. However, in the case of Planned Unit
Developments (PUDs) and negotiated redevelopments of property
in conjunction with Design Objective Plans, deviations from
the specific requirements of the overlay or underlying zoning
district and applicable supplemental regulations may be
granted as set forth in 18 . 43 . 080 .
18 . 43 . 070 APPLICATION REQUIREMENTS FOR CERTIFICATES OF
APPROPRIATENESS IN ENTRYWAY CORRIDORS
Applications for Certificates of Appropriateness shall be made in
conjunction with applications for Major or Minor Site Plan
Approval, in accordance with Chapter 18 . 52 of this ordinance.
Where development projects in the Entryway Corridor do not require
Site Plan Review as per Chapter 18 . 52 of this ordinance ( i . e.
single-family and two-family residential structures; signs; fences;
property alterations; and certain amendments to site Plans ) ,
applications for Certificates of Appropriateness shall be made in
conjunction with an application for sketch plan review on a form
provided by the City-County Planning Office, and shall include the
information and material as set forth in Chapter 18 . 52 of this
Ordinance.
18 . 43 . 080 DEVIATION FROM OVERLAY OR UNDERLYING ZONING
REQUIREMENTS
To accomplish the intent and purpose of this Chapter it may be
necessary to deviate from the strict application of the overlay or
underlying zoning requirements . An application for such deviation
shall be processed through the Design Review Board.
The application for deviation shall be subject to the submittal
and procedural requirements of Chapter 18. 52 Site Plan Approval,
and shall be accompanied by written and graphic material sufficient
to illustrate the conditions that the modified standards will
produce, so as to enable the City Commission to make the
determination that the deviation will produce an environment,
landscape quality and character superior to that produced by the
existing standards, and will be consistent with the intent and
purpose of this chapter. Upon such a finding, the City
Commissionmay authorize devations of up to 20% beyond or below
minimum or maximum standards, respectively, as established in the
underlying zoning district regulations .
Provisional Adoption 08/19/91 84
18 . 43 . 090 APPEALS
All decisions of the Design Review Board may be appealed to the
City Commission pursuant to the provisions of Chapter 18 . 58, Plan
Appeals Procedure .
Provisional Adoption 08/19/91 85
CHAPTER 18 . 44
FLOOD HAZARD DISTRICT
[NEED TO REPLACE WITH UPDATED STATE MODEL]
Provisional Adoption 08/19/91 86
CHAPTER 18 . 50
GENERAL BUILDING AND DEVELOPMENT STANDARDS
18 . 50 . 010 PURPOSE
The purpose of this Chapter of the Zoning Ordinance is to establish
general development standards . These standards are intended and
designed to assure compatibility of uses; to prevent urban blight,
deterioration and decay; and to enhance the peace, health, safety
and general welfare of the residents living within the zoning
jurisdiction of the City of Bozeman.
These standards are also intended to be used as guidelines for
evaluating and assessing the quality and design of proposed planned
unit developments . The particulars of any planned unit development
will be evaluated against their respective standards contained in
this Chapter. It is expected that the quality and design of the
planned unit development, while not necessarily complying with the
exact standards of this Chapter, will meet or exceed the intent
behind these standards .
18 . 50 . 020 STANDARDS FOR SPECIFIC USES
A. Purpose
The purpose of this section is to further describe the
standards and conditions under which certain uses may be
permitted as principal or conditional uses in specific
districts .
B . Applicability
All uses listed in this section shall be subject to the
specific standards described for each use, in addition to all
other applicable standards which may apply.
C. Specific Uses And Standards
1 . Automobile Service Station
In addition to the requirements to be followed for all
convenience uses as defined in this Ordinance and
provided in Section 18 . 50 . 020 .C. 8 of this Ordinance, the
following requirements shall apply to all service station
and automobile uses as listed below. Compliance with all
criteria listed below does not necessarily guarantee
approval by the City.
a. At least one frontage is to be on a major arterial
street as designated in the Bozeman Master Plan.
Provisional Adoption 08/19/91 104
b. Gas pump and pump island canopies are to be located
not closer than 10 feet to any side or rear property
line. Design of the canopy shall architecturally
match the design of the main building. All canopies
shall be connected to the roof of the main structure
unless otherwise approved. All canopy lighting must
project downward, not upward or outward from the
structure and must be low pressure sodium. The
maximum height of the canopy shall not exceed 18
feet. All signs must conform to the Sign Code of the
Bozeman Zoning Ordinance, Chapter 18 . 65 .
c. All on-site activities except those normally
performed at the fuel pumps are to be performed
within a completely enclosed building. Paint-
spraying or body and fender work is not permitted.
d. Where towing service is to be provided, a parking
bay for the towing vehicle is to be provided and
screened. Said vehicle shall be screened on three
sides with a minimum 6 foot opaque wall which
architecturally matches the main building. Vehicles
that are either under repair or vehicles that have
been repaired may be stored on a temporary basis,
not to exceed 7 days and designated parking bays
must be provided for each vehicle awaiting repairs .
e. All outdoor lighting shall be so arranged as to be
directed on the premises and reflect away from any
residential property. In addition, all lighting
shall be attached to the main structure unless
otherwise specifically approved.
f . All structures approved under this conditional use
permit shall be of a design character that is
appropriate to the area in which they are to be
constructed. Renderings of buildings shall
accompany each application and construction shall
be in conformity thereto. Architectural detailing
shall be consistent on all four sides of the
building.
g. All rest room entrances shall be screened from view
of adjacent properties or street rights-of-way by
a decorative wall or landscaping, or shall be
accessed from the inside of the main entrance to the
building.
h. No outside storage of, and no sale, lease or rental
of trailers, trucks or similar equipment shall be
permitted except as may be specifically allowed in
that zone.
Provisional Adoption 08/19/91 105
i. Parking space for two vehicles per each service
stall in the station, but no less than four spaces,
shall be provided. Pump islands shall not be
considered as service bays . Standing areas at pump
islands and interior circulation areas shall not be
used as parking areas in calculating required
parking spaces .
2 . Automobile Washina Establishment . Automatic
In addition to the requirements to be followed for all
convenience uses, the following requirements shall apply
to all automatic auto washing establishments as listed
below. Compliance with all the criteria listed below
does not necessarily guarantee approval by the City.
a . All detergents must be biodegradable.
b. Any lights used to illuminate the area shall be
directed away from adjacent residential properties .
c . Building surfaces shall be faced with masonry,
brick, stucco, wood or some other permanent-looking
material . Corrugated metal is prohibited.
3 . Automobile Washina Establishment, Self Serve
In addition to the requirements to be followed for all
conveniences uses, the following requirements shall apply
to all self serve automobile washing establishments, as
listed below. Compliance with all the criteria listed
below does not necessarily guarantee approval by the
City.
a. All detergents must be biodegradable.
b. Trash and litter containers shall be emptied daily.
In addition, the site shall be patrolled at least
once daily in order to remove litter.
c. Sale of automobile accessories such as batteries,
tires, gasoline, etc. is prohibited.
d. Building surfaces shall be faced with masonry,
brick, stucco, wood or some other permanent-looking
material . Corrugated metal is prohibited.
e. Any lights used to illuminate the area shall be
directed away from adjacent residential properties .
f . Canopies are to be located not closer than 10 feet
to any side or rear property line. Design of the
canopy shall architecturally match the design of
Provisional Adoption 08/19/91 106
the main building. All canopy lighting shall
project downward, not upward or outward from the
structure. The maximum height of the canopy shall
not exceed 18 feet. All signs must conform to the
Sign Code of the Bozeman Zoning Ordinance, Chapter
18 . 65 .
4 . Automotive Repair Facilities
a. All repairs shall be performed within a building.
b. No site plan shall be approved which exposes
unassembled vehicles, auto repair activities or auto
parts to any street or residential district.
c . All vehicles awaiting repair shall be screened from
view by a masonry or wood wall or approved landscape
screen.
5 . Cemeteries
a. Total site area, including business office and
storage building, shall be a minimum of 40 acres,
of which at least 10 acres shall be subdivided and
developed in the initial plot.
b. The cemetery may include accessory uses such as a
chapel, a mortuary, an office, a mausoleum, and
those industrial uses which are incidental to the
operation of a cemetery. Industrial uses may
include such things as the manufacture of burial
vaults and headstone foundations, provided all of
the products are used on the site and are not
offered for sale and use elsewhere. The cemetery
shall not include uses of an industrial nature other
than those stated herein .
6 . Convenience Uses and Drive-Throuch/Drive-In Restaurants
a. Location and Size
( 1 ) Convenience uses may be located only at
intersections of arterial streets as designated
in the Bozeman Master Plan.
(2 ) The site area for any convenience use shall be
a minimum of two acres, unless such convenience
use is planned, designated and approved by the
City to be developed in conjunction with an
approved site plan for one or more additional
uses and buildings .
Provisional Adoption 08/19/91 107
b. Architecture:
( 1 ) All convenience uses shall be designed in an
architectural and design character that is
appropriate for and compatible with the area.
( 2 ) Use of standardized corporate identification
themes integrated into the architectural design
shall be regulated by the Planning Board.
Excessive use of such themes may be used as
grounds for denial of the project .
( 3) When located in shopping centers, the
architectural character of the building shall
be integrated with the design theme of the
center through the use of the same building
materials, shapes and details . The effect of
color in creating a design character that is
appropriate for and compatible with the area
will be considered. All parking, circulation,
driveways, setbacks and signage shall be
integrated with the entire design theme of the
project.
(4) The elevation design of the building shall
provide design character and detailing on all
four sides .
c . Noise:
( 1 ) Noise from drive-through speakers shall not be
audible from adjacent, residential districts .
7 . Mini-Warehouses
a. Minimum site size shall be one acre.
b. On-site circulation, drives and parking:
( 1) Each mini-warehouse site shall provide a
minimum of two exits .
(2 ) All one-way driveways shall provide for one
10-foot parking lane and one 12-foot travel
lane. Traffic direction and parking shall be
designated by signing or painting.
( 3 ) All two-way driveways shall provide for one
10-foot parking lane and two 10-foot travel
lanes .
Provisional Adoption 08/19/91 108
(4) The parking lanes may be eliminated when the
driveway does not serve storage cubicles .
8 . Outdoor Sales and Display
a. The maximum area for outdoor sales and display shall
not exceed fifty per cent of the total lot area.
b. All areas designated for vehicle storage shall be
screened from view from the street and adjacent
properties as per Section 18. 50 . 035 C of this
Ordinance. Vehicle storage areas shall not be
subject to the parking lot landscape requirements .
9 . Recreational Vehicle Park and Overnicht Camoaround
a. Recreational vehicle parks shall be screened from
view of any residential development.
b. Internal circulation roads shall be paved with a
concrete or asphaltic concrete surface.
c. Individual recreational vehicle parking pads shall
be plainly marked and maintained with a dust-free
surface.
d. Individual recreational vehicle parking pads shall
be set back at least 30 feet from the perimeter of
the park and 30 feet from any public street right-
of-way.
e. Approved trash disposal, bathroom and laundry
facilities, including facilities for the
handicapped, shall be provided for use of overnight
campers .
10 . Stable, Commercial
a. The minimum property size shall be ten ( 10 ) acres .
b. The proposed site shall not be adjacent to
subdivided Single-Family Residential property unless
that residential property contains an equestrian
easement along the contiguous boundary.
c . Structures or facilities used for stabling, storing,
showing or training of animals shall be set back a
minimum of one hundred ( 100) feet from any adjacent
privately-owned property. Dwelling units, accessory
structures incidental to dwelling units , and
irrigated pasturage may occur within the one hundred
Provisional Adoption 08/19/91 109
( 100) foot setback area subject to the setback
requirements of the applicable zoning district.
d. There shall be a 40 foot yard adjacent to any
street.
e. There shall be no shows or other activites which
would generate more traffic than is nor al to a
residential area, unless the proposed site has
direct access from an arterial street as set forth
in the Bozeman Master Plan. Permission for such
shows and activities shall be obtained from the
City. Notification shall be provided in a letter
that explains the nature and duration of the
activity, and accommodations for spectators, traffic
control and additional parking for cars and
trailers . This letter shall be submitted to the
City Clerk at least one month prior to the date of
the show or activity.
f . All pasture and animal storage areas shall be
enclosed with fences or walls of a minimum of 4 ' 6"
in height. The design of these enclosures shall be
shown on drawings submitted with the conditional use
application.
g. All laws applicable to the public health and
appropriate care of animals must be complied with
for the entire period of operation of the stable.
h. All activity, and pasture areas that are not grassed
shall be treated for dust control as approved by the
Planning Director.
i. Adequate parking for daily activities shall be shown
on the site plan and improved to City of Bozeman
parking standards . Additional parking, improved as
determined by the Planning Director, shall be
provided for shows or other special events .
11 . Tennis and Racquet Club
a. The use will be compatible with any adjacent
neighborhood and will not be detrimental to the same
due to:
( 1 ) Increased automobile traffic .
( 2 ) Noise generated from within the site.
b. The minimum property size shall be 3 acres .
Provisional Adoption 08/19/91 110
c. If outdoor courts are lighted, lighting shall be
placed and shielded so as not to be detrimental to
adjoining properties, shall shine down on the courts
and not up or out.
d. Fencing of outdoor courts shall not exceed 16 feet
in height and may be required to be opaque by the
DRB.
e. There shall be no shows, tournaments or other
activity which would generate more traffic than is
normal to a residential area, unless access is
provided from an arterial street as set forth in
the Bozeman Area Master Plan. If access is not
provided from an arterial street, permission for
such shows and activities shall be obtained from
the City Commission. Permission shall be requested
in a letter with a site sketch that explains the
nature and duration of the activity and
accommodations for spectators, additional parking
and traffic control . This letter shall be submitted
to the City Clerk for City Commission
consideration.
f . There shall be a landscaped 50 foot buffer strip
adjacent to any residential zoning district - or as
otherwise determined by the DRB.
g. Hours of operation may be controlled by the City
Commission.
h. Perimeter fencing of the site may be required by
the DRB .
18 . 50 . 030 USE OF LANDS , BUILDINGS AND STRUCTURES
A. Only Uses Specifically Identified by This Ordinance to Be
Built
No building or structure or part thereof shall be erected,
altered, or enlarged for a use, nor shall any existing
building, structure, or part thereof, or land, be used for a
purpose or in a manner that is not in conformity with the uses
listed as Permitted Uses for the zone in which such buildings,
structure, or land is situated. In addition, any land,
building or structure to be erected or used for a purpose
listed as a conditional use in such zone shall first receive
approval from the Planning Board or City Commission.
Provisional Adoption 08/19/91 111
B. Building Location on Lot
No building, or part thereof, or structure shall be erected,
nor shall any existing building be altered, enlarged, or
rebuilt or moved into any zone, nor shall any open space be
encroached upon or reduced in any manner, except in conformity
to the yard and setback regulations designed for the zone in
which such building or open space is located, except as
otherwise specified in this Ordinance.
C. Recreational Vehicle Parkina on Residential Lot
No person shall park or occupy any recreational vehicle or
mobile home on the premises of any occupied dwelling or on
any lot which is not a part of the premises of any occupied
dwelling, either of which is situated outside of any approved
mobile home park or mobile home subdivision except that ( 1 )
the parking of only one unoccupied recreational vehicle in any
accessory private garage, or in a rear yard in any district
is permitted, providing no living quarters shall be maintained
or any business practiced in said recreational vehicle while
such recreational vehicle is so parked or stored; and except
that (2) in the event of hardship, temporary use permits may
be granted for occupying such recreational vehicle or mobile
home.
D. Water and Sanitary Sewer System Requirements
1 . Whenever any building lots and/or building sites are
created within any zoning districts inside the City
limits, except for those lying within A-S, or R-S zoning
districts , central water distribution and central
sanitary sewer collection systems, public or private,
shall be developed and utilized.
2 . These improvements shall be designed, constructed and
installed according to the standards and criteria as
adopted by the City and approved by both the City
Engineer and Water Superintendent prior to the issuance
of any building permits .
18 . 50 . 035 MISCELLANEOUS REOUIREMENTS
A. Glare and Liahtina
1 . Deflection
Any lighting used to illuminate an off-street parking
area, sign or other structure, shall be arranged so as
to deflect light down and/or away from any adjoining
residential district and shall not detract from driver
visibility on adjacent streets . In addition, all
Provisional Adoption 08/19/91 112
lighting (except for security purposes ) shall be turned
off between 11 p.m. and 6 a.m. Exceptions will be
granted to those businesses which are operating during
these hours .
2 . Light Standards
Lighting standards used to illuminate off-street parking
areas shall not exceed 20 feet or the height of the
tallest building on the lot, whichever is lower.
3 . Intensity
B. Surface-Water Pondina
Natural ponding areas shall be retained as much as possible
or, if necessary, enlarged or modified as directed by the-
Director of Public Service to restrict the off-site runoff,
subject to City or County Subdivision requirements for storm
water runoff control and the City's stormwater drainage
requirements .
C. Storage; Exterior Disolays
All materials, supplies , merchandise or other similar matter
not on display for direct sale, rental or lease to the
ultimate consumer or user shall be stored within the confines
of a 100 percent opaque wall or fence not less than six ( 6 )
feet tall . Merchandise which is offered for sale as described
may be displayed beyond the confines of a building in any
Commercial District, but the area occupied by such outdoor
display shall not constitute a greater number of square feet
than 10 percent of the ground floor area of the
building housing the principal use, unless such merchandise
is a type customarily displayed outdoors such as automobiles
and garden supplies . No storage of any type shall be
permitted within any required yard.
D. Trash and Garbage Incineration; Enclosures
1 . Incineration
No exterior incineration of trash or garbage is
permissible.
2 . Trash Enclosures
A permanent enclosure for temporary storage of garbage,
refuse and other waste materials shall be provided for
every use, other than single family dwellings, duplexes,
or individually owned townhouse or condominium units, in
every zoning district, except where a property is
Provisional Adoption 08/19/91 113
entirely surrounded by screen walls or buildings . Trash
enclosures shall be constructed so that contents are not
visible from a height of five feet above grade from any
abutting street or property. Trash enclosures shall
comply with the following regulations :
a. Location.
Trash enclosures, surrounding standard steel bins
(dumpsters ) , shall be located on the site for
convenient pick-up service, and the location shall
be shown on required site plans . Trash enclosures
shall not be located in required front yards, and
shall be situated so that containers can be pulled
straight out of the enclosure or so the sanitation
truck can back straight into it . The location of
all trash enclosures shall be subject to review and
approval by the City Streets and Sanitation
Department.
b. Construction.
Trash enclosures shall be constructed of solid or
ornamental pierced masonry walls or other
appropriate materials, with a solid concrete floor
sloped for drainage and maintenance of sanitary
conditions . Enclosures shall be architecturally
compatible with the principle structure. Enclosures
shall be of sufficient height to conceal contents,
including containers, but in no case shall be less
than four feet in height above grade.
E. Smoke, Dust and Other Particulate Matter
The emission of smoke, from any point source shall not exceed
a density greater than that described in Number 2 ring of the
Ringelmann Chart as published by the U. S . Bureau of Mines .
Dirt, dust, fly ash and other forms of particulate matter
shall not be emitted beyond the property lines of the use
creating the particulate matter.
F. Bulk Storage (Liquid)
All uses associated with bulk storage of all gasoline, liquid
fertilizer, chemicals, flammable and similar liquids shall
comply with Uniform Building and Fire Code requirements and
County regulations .
G. Water Quality, Hazardous Wastes and Wastewater
Discharge of hazardous waste, chemicals and wastewater will
be subject to Montana Department of Health and Environmental
Science standards . But in no case shall any hazardous waste
Provisional Adoption 08/19/91 114
chemicals or wastewater be discharged into any perennial
stream within the City of Bozeman or its zoning jurisdiction.
H. Odors and Toxic Gases
The emission of odors shall be controlled such that
objectionable or offensive odors are not perceptible beyond
a distance of 50 feet past the property lines of the use
creating the odors .
No toxic, noxious, or corrosive fumes or gases shall be
emitted beyond the property lines of the use creating such
fumes or gases .
I . Noise
1 . Measured Noise Levels
The maximum sound pressure level radiated in each
standard octave band by any use or facility (other than
transportation facilities or temporary construction
work) , measured at the site property line, shall not
exceed the values shown in the following tables :
Octave Band Range in Sound Pressure Level in
Cycles per Second Decibels rep. 002 dyne/cm-
Below 75 72
75-150 67
151-300 59
301-600 52
601-1200 46
1201-2400 40
2401-4800 34
Above 4800 32
2 . Discontinuous Noises
If the noise is not smooth and continuous , and is not
radiated between the hours of 10 : 00 p.m. and 7 : 00 a.m. ,
one or more corrections shall be applied to the above
octave-band levels as follows :
Type of Location of Operation Correction in Decibels
or Character of Noise
Daytime operation only +5
Noise source operating less than:
a. 20% of any one hour period +5
b. 5% of any one hour period +10
(only one of these corrections may
be applied
Noise of impulsive character, i . e. -5
Provisional Adoption 08/19/91 115
hammering
Noise of periodic character, i. e. -5
humming or screeching
3 . Method of Measurement
Sound pressure level shall be measured with a sound level
meter and associated octave band analyzer conforming to
standards prescribed by the American Standards
Association at established in Pamphlets Nos . 224 . 3 and
224 . 10 published in 1944 and 1953, respectively, which
standards are herein adopted by reference as a part of
this Section.
J. Vibrations
No ground vibrations, except for those only perceptible with
the use of instruments, shall be permitted beyond the property
lines of the use generating the ground vibrations .
K. Electrical Disturbance
No activity shall be permitted which causes electrical
disturbances affecting the operation of any equipment located
beyond the property line of said activity.
L. Glare and Heat
Any use producing intense glare or heat shall be conducted so
that the glare is effectively screened from view at any point
on the lot line of the lot in which the use is located. Any
heat will be dissipated so that it is not perceptible without
instruments at any point on the lot line of the lot on which
the use is located.
M. Fire and Explosive Hazards
Any use or activity involving the use or storage of
combustible, flammable or explosive materials shall be in
compliance with the Uniform Fire Code as adopted by the City
of Bozeman. Burning of waste materials in open fires is
prohibited.
N. Licruid or Solid Waste
No materials , compounds or chemicals, which can contaminate
any water supply, interfere with bacterial processes in sewage
treatment or otherwise cause emissions of elements which are
offensive or hazardous to the public health, safety, welfare
or comfort shall be discharged at any point into any public
sewer, private sewage disposal system or stream or into the
ground, except in accordance with the Code of the City of
Provisional Adoption 08/19/91 116
Bozeman and the standards approved by the Montana State
Department of Health and Environmental Science or such
governmental agency as may have jurisdiction over such
activities .
O. Fissionable, Radioactivity or Electromagnetic Disturbance
No activities shall be permitted which utilize fissionable or
radioactive materials if, at any time, their use results in
the release or emission of any fissionable or radioactive
material into the atmosphere, ground or sewerage system. No
activities or devices shall be permitted which at any time
emit radio-frequency energy affecting any activity or the
operation of any equipment beyond the site property line.
Radio-frequency energy shall be considered as being electro-
magnetic energy at any frequency in the radio spectrum between
ten kilo-cycles and three million mega-cycles .
P . Swimmina Pools - Location and Enclosures
No public or private swimming pool in any district shall be
located in any required front yard; however, if not more than
six feet in height, such use may be located in any required
side or rear yard. In addition, all swimming pools shall be
enclosed in an area with a fence or wall not less than forty-
two inches in height, and no opening therein, other than doors
or gates, larger than four inches in any direction. A
structure of any type may be used as part of such enclosure.
All gates and doors securely closed at all times when not in
actual use, except that the door of any dwelling which forms
a part of the enclosure for private residential pools need not
be so equipped. The Building Official may make modifications
in individual cases, upon a showing of good cause, with
respect to the height, nature or location of the fence, wall,
gates or latches, or the necessity thereof, provided the
protection as sought hereunder is not reduced thereby.
Q. Bicycle Lanes Reauired
Wherever new streets or roads are to be developed as a result
of a development proposal, or wherever existing streets are
required to be improved, and upon a recommendation from the
Bozeman Area Bicycle Advisory Board (BABAB) , the developer
shall be required to incorporate 3 to 4-foot striped bicycle
lanes along the shoulder meeting current AASHTO standards into
the design and construction or imporvement of said streets or
roads .
R. Bicycle Racks Required
All development subject to Minor or Major Site Plant Review
as per Chapter 18 .52 of this Ordinance shall provide adequate
Provisional Adoption 08/19/91 117
bicycle parking facilities to accommodate bicycle-riding
residents and/or employees and customers of the prposed
development. Bicycle parking facilities will be in
conformance with standards recommended by the bozeman Area
Bicycle Advisory Board.
18 . 50 . 040 DWELLING UNIT RESTRICTIONS
A. No Use of Unfinished Structures
No cellar, garage, tent, tepee, basement with unfinished
structure above, or accessory building vehicle, or any mobile
home or recreational vehicle outside of an approved mobile
home or recreational vehicle development shall at any time be
used as a dwelling unit, unless approved for use as a
temporary dwelling unit due to a demonstrated hardship.
B. Use of Basements
The basement portion of a finished home shall be properly
damp-proofed and have natural lighting, heating, ventilation,
suitable fire protection and exits if used for living
purposes .
18 . 50 . 050 ACCESSORY BUILDINGS , USES AND EOUIPMENT
A. Accessory Buildings as Principal Building
An accessory building shall be considered an integral part of
the principal building if it is connected to the principal
building by a covered passage-way.
B . Accessory Buildings Not Permitted In Front Yards
Accessory buildings, uses, or equipment shall not be stored
or constructed between the front lot line and required front
building line.
C. Heiaht of Accessory Buildings
Accessory buildings and garages in residential districts shall
not exceed the height of the principal structure and shall not
be located within a utility easement.
D. Accessory Buildings in Rear
Accessory buildings in any business or industrial district
may be located only to the rear of the front line of the
principal building.
Provisional Adoption 08/19/91 118
E. Accessory Buildina Height
No accessory building in any residential, business or
industrial district shall exceed the height of the principal
building unless such accessory building has been otherwise
approved as per this Ordinance.
F . Detached Structures Setback Requirements
1 . A detached structure such as a garage shall meet the
setback requirements of the main building, except that
garages may be located ten ( 10) feet from rear property
lines in districts where rear yard setback requirements
exceed ten ( 10 ) feet for principal structures .
2 . Detached accessory structures such as storage sheds not
larger than 120 square feet in area, playhouses, garbage
enclosures, etc . shall not be located in any required
front or side yard, but may be located one ( 1 ) foot from
property lines in required rear yards . These limitations
shall not apply to such features as lawn ornaments , bird
feeders, utility service boxes, or mailboxes .
3 . A detached structure wall shall maintain a minimum of
six ( 6) feet separation from the main structure wall .
G. Percentage of Yard Coverage
Accessory structures may occupy not more than 25% of any
required rear yard.
18 .50 . 060 YARD AND HEIGHT ENCROACHMENTS , LIMITATIONS AND
EXCEPTIONS
A. Permitted Encroachments Into Yards
The following shall be permitted encroachments into required
yards, subject to any and all applicable Uniform Building Code
requirements :
1 . architectural features such as chimneys, balconies,
stairways, wing walls, bay windows, sills, pilasters,
lintels, cornices, eaves, gutters, awnings, and steps,
provided such architectural features do not extend more
than five ( 5 ) feet into any required yard;
2 . terraces and patios, uncovered decks and stoops, or
similar features, provided that such features shall not
extend above the height of the ground floor level of the
principal structure nor more than five (5 ) feet into any
required yard;
Provisional Adoption 08/19/91 119
3 . porches, covered terraces, and covered decks , provided
such features shall not occoupy more than one-third of
the length of the building wall and shall not extend more
than five (5 ) feet into any required yard;
4 . fire escapes may be permitted in required side or rear
yards only;
5 . wheelchair ramps may encroach into any required yard,
but shall not be located closer than three ( 3) feet from
any property line; and
6 . flag poles, ornamental features, trees , shrubs, walkways,
nameplate signs , and floodlights or other sources of
illumination provided the direct source of light is not
visible from the public right-of-way or adjacent
residential property.
B. Zero Lot Line Conditions
Where an individual owns two adjoining lots or where the
owners of two adjoining lots make legal written agreement a
zero lot line concept may be used for single family dwelling
unit developments . This may result in the creation of a two
family residential structure, only in districts permitting
such structure, or the creation of townhouse clusters in
districts permitting such structure.
In all cases a minimum ten ( 10 ) feet side yard shall be
maintained adjacent to the exterior side, or non-zero lot line
side, of the structure.
C. Special Yard Setbacks
1 . The corner side yard for any corner lot not located on
an arterial street shall be equal to the adjacent yard
of the adjacent lot, but in no case shall the corner side
yard be less than fifteen feet.
2 . A twenty-five foot corner side or front yard shall be
provided :,n all arterials designated on the Bozeman Area
Master Plan.
D. Water Course Setbacks
No newly constructed structure, addition to an existing
structure, parking lot or other similar improvements shall be
located closer than thirty-five feet to the mean high water
mark of a water course as defined in this Ordinance. For the
purpose of this regulation, the mean high water mark shall be
defined as the line which the water impresses on the soil by
covering it for sufficient periods to deprive it of
Provisional Adoption 08/19/91 120
vegetation. A minimum of five feet of the required thirty-
five foot setback immediately adjacent to the water course
shall be left in a natural vegetative state.
E . Heicrht Limitation Exceptions
1 . Non-Specific Exemptions
No building, or part thereof, or structure shall be
erected, reconstructed, or structurally altered to exceed
in height the limit herein designated for the district
in which such building is located, except as is specified
in Section 18 . 66 of this Ordinance, or as specifically
authorized by the Planning Board as an approved condition
of a planned unit development . Such approved conditions
must include the recommendations of the City Fire
Marshall .
2 . Specific Exemptions
a. Height limitations shall not apply to church spires,
belfries, cupolas and domes; monuments; chimneys and
smokestacks; flag poles; public and private-utility
facilities; transmission towers of commercial and
private radio-broadcasting stations; television
antennae; parapet walls extending no more than four
(4 ) feet above the limiting height of the building
except as hereinafter provided; and solar-energy
collectors and equipment used for the mounting or
operation of such collectors .
b. Places of public assembly in churches , schools and
other permitted public and semi-public buildings
may exceed height limitations otherwise established
by this Ordinance; provided that these are located
on the ground floor of such buildings and provided
that for each one ( 1 ) foot by which the height of
such building exceeds the maximum height otherwise
permitted in the District, its side and rear yards
shall be increased in width or depth by an
additional foot over the side and rear yards
required in the District .
c . Elevator and stair penthouses, water tanks , monitors
and scenery lofts are exempt from height limitations
otherwise established in this Ordinance; provided
that no linear dimension of any such structure
exceed fifty ( 50 ) percent of the corresponding
street frontage line.
Provisional Adoption 08/19/91 121
d. Towers and monuments, cooling towers, gas holders
or other structures , where the manufacturing
process requires a greater height, and grain
elevators and silos are exempt from this Ordinance;
provided that any structure above the height
otherwise permitted in the District shall occupy no
more than twenty-five ( 25 ) percent of the area of
the lot and shall be at least twenty-five ( 25 ) feet
from every lot line.
18 . 50 . 070 FENCES , WALLS AND HEDGES
A. Location
Except as provided in Section 18 . 50 . 080, fences, walls, and
hedges , in any district may be located on lot lines provided
such fences, walls and hedges do not exceed eight feet in
height. Fences exceeding eight feet in height shall be
subject to the minimum yard requirements of the district in
which such fences are located. However, no fences , walls or
hedges shall exceed four feet in any front yard, as defined
in this title. Fences used in an agricultural pursuit to
retain stock animals shall be excepted.
B. Relation to Linear Parks
Fences located in the rear yard setback of properties
adjoining any Bozeman linear park shall have a maximum height
of four feet .
C. Construction, Maintenance and Heiaht Measurement
1 . Construction and Maintenance
Every fence or wall shall be constructed in a
substantial, workman-like manner and of substantial
material reasonably suited for the purpose for which the
fence or wall is proposed to be used. Every fence or
wall shall be maintained in a condition of reasonable
repair and shall not be allowed to become and remain in
a condition of disrepair, damage, or unsightliness , or
constitute a nuisance, public or private. Any such fence
or wall which is, or has become, dangerous to the public
safety, health or welfare, or has become unsightly
through improper maintenance or neglect is a public
nuisance and the Building Inspector shall commence proper
proceedings for the abatement thereof .
2 . Barbed Wire and Electric Fences
No barbed wire or similar sharp fencing or electric
fences shall be permitted, except in A-S and R-S
Provisional Adoption 08/19/91 122
districts; except that barbed wire or other similar sharp
fencing materials may be used on the top of security
fences in M-1 and M-2 districts .
When electrically charged fences are used in an A-S
district or R-S district, such fences shall be posted
with warning signs at intervals not to exceed one hundred
fifty feet where such fences are adjacent to public
rights-of-way.
3 . Measuring Fence and Wall Height
In case of a fence erected on top of a retaining wall,
the height shall be measured from the grade of the high
side of the wall .
D. Fences and Walls in All Districts -- "Finished" Side Out
Any fence or wall constructed so as to have only one elevation
"finished, " which shall be defined as not having its
supporting members significantly visible, shall be erected
such that the finished elevation of the fence is exposed to
the adjacent property.
E . Fencing of Utilities and Outdoor Storage Areas
1. All utility substations, wells, storage facilities, or
other utilities shall be screened from view by a wall,
fence, hedge, or landscape screen.
2 . All storage for commercial operations shall be conducted
within a completed enclosed building or within an area
completely enclosed, except for access points, by a wall,
fence, hedge, or landscape screen at least six ( 6 ) feet
in height.
18 . 50 . 080 STREET VISION TRIANGLE
A. Arterial Streets
On corner lots on arterial streets in all districts, no fence,
wall or planting in excess of 30 inches above the street
centerline grade shall be permitted within a triangular area
defined as follows : beginning at the intersection of the
projected curb lines of the two intersection streets, thence
50 feet along one curb line, thence diagonally to the point
50 feet from the bottom of beginning on the other curb lines ,
then to the point of beginning.
Provisional Adoption 08/19/91 123
B. Collector and Local Streets
On corner lots, on collector and local streets, all districts,
no fence, wall or planting in 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 curb lines of two intersecting
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 Alleys
At the intersection of each driveway or alley with a street,
a triangular area where corners are defined by two points on
the right-of-way line, 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.
D. Provision for Trees in Street Vision Trianale
Single-stem canopy trees may be permitted in street vision
triangles as described herein, provided that mature trees do
not significantly affect safe driving conditions and are
maintained such that no canopy foliage exists below a height
of ten ( 10) feet above centerline of intersecting streets .
Trees which are located in the street vision triangle and
which pre-existed the adoption of this Ordinance may be
allowed to remain, provided said trees are trimmed such that
no limbs or foliage exist below a height of ten ( 10) feet
above centerline grades of intersecting streets .
18 . 50 . 090 (RESERVED)
18 . 50 . 100 LANDSCAPING
A. Purpose and Intent
The process of development, with its alteration of the natural
topography and vegetation and creation of impervious cover can
have a negative effect on the ecological balance of an area
by causing or accelerating the processes of runoff, erosion,
and sedimentation. The economic base of the Bozeman area can
and should be protected through the preservation and
enhancement of the area' s unique natural beauty and
environment. Recognizing that the general objectives of this
Bozeman Zoning Ordinance Section are to promote and protect
the health, safety, and welfare of the public, these
landscaping regulations as part of the Bozeman Zoning
Ordinance are adopted for the following specific purposes :
Provisional Adoption 08/19/91 124
1 . To aid in stabilizing the environment 's ecological
balance by contributing to the process of air
purification, oxygen regeneration, ground-water recharge
and storm water runoff retardation, while at the same
time aiding in noise, glare and heat abatement;
2 . To provide visual buffering between land uses of
differing character;
3 . To enhance the beauty of the zoning jurisdiction of the
City of Bozeman;
4 . To protect the character and stability of residential,
business, institutional and industrial areas;
5 . To preserve the value of land and buildings; and
6 . To conserve energy.
B. Interpretation and Scone
1. The provisions of this section of the Bozeman Zoning
Ordinance shall apply to a lot or site when an
application is being made for:
a. Site plan approval pursuant to Section 18 . 52 of this
Ordinance;
b. Signs pursuant to Section 18 . 65 of this Ordinance
where landscaping is required.
c . Restoration of a building that has been damaged or
destroyed by fire, explosion, flood, tornado, riot,
act of the public enemy, or accident of any kind.
For purposes of this paragraph, "restoration" means
the act of putting back into a former or original
state, only.
2 . Not withstanding the application of Section 18 .50 . 100
B . 1 above, these provisions shall not apply to the
following:
a. Lots containing only single family and/or
residential duplex uses when located outside
Entryway Corridors, except that such lots shall be
subject to Section 18 . 50 . 100 .D.5 . e ( Street Frontage
Landscaping.
b. Lots or sites within an approved planned unit
development which has been approved with its own
landscape plan. However, these provisions shall be
used as the basis for determining the landscaping
Provisional Adoption 08/19/91 125
plans for future planned unit developments and such
planned unit development landscaping plans shall
meet or exceed the standards of these landscape
regulations .
c. Lots or sites within an Entryway Corridor or
Neighborhood Conservation District . However, these
provisions shall be used as the partial basis for
determining the landscaping requirements for
developments located within these districts along
with overlay district objectives and design
objective plans .
d. Lots or Sites which are designed, reviewed and
approved according to the deviation provisions
specified in Section 18 .50 . 100-F.
C. Definitions
All words in this Section 18 . 50 . 100 shall be defined as
provided herein and, if not defined herein, shall be defined
as in the definition of terms of Section 18 . 04 of this Zoning
Ordinance and, if not defined therein, shall be defined as in
The Illustrated Book of Development Definitions by Harvey S .
Moskowitz and Carl G. Lindbloom, 1981 , and if not defined in
The Illustrated Book of Development Definitions, shall have
their customary dictionary definitions .
Words used in the present tense include the future tense;
words used in the singular include the plural, and words used
in the plural include the singular. The word "shall" is
always mandatory.
Artificial Lot means an area within the building site that is
delineated by the planning director for the sole purpose of
satisfying the requirements of this section ( see 18 . 50 . 100 D. 1 ) .
Berm means a mound of earth 2 to 6 feet high, planted with
vegetative groundcover, with a slope not exceeding one foot of rise
for each 2 feet of run.
Caliper means the diameter of the trunk measured six inches above
ground level up to and including 4 inch caliper size, and measured
12 inches above ground level if the measurement taken at 6 inches
above ground level exceeds 4 inches. If a tree is of a multi-trunk
variety, the caliper of the tree is the average caliper of all of
its trunks .
Canopy Tree means a species of tree which normally bears crown
foliage no lower than 6 feet above ground level upon maturity.
Provisional Adoption 08/19/91 126
Enhanced Pavement means any permeable or nonpermeable decorative
pavement material intended for pedestrian or vehicular use.
Examples of enhanced pavement include brick or stone pavers, grass
paver, exposed aggregate concrete, and stamped and stained covered
pavement.
Evergreen Tree or Shrub means a tree or shrub of a species which
normally retains its leaves/needles throughout the year.
Ground Cover means natural mulch or plants of species which
normally reach a height of less than 2 feet upon maturity,
installed in such a manner so as to form a continuous cover over
the ground.
Landscape Architect means a person licensed to practice landscape
architecture in the State of Montana.
Landscaping means at least 75 percent coverage of an area with
natural grass, vegetative ground cover, or other natural living
plant materials, the remainder of which is covered with non-
vegetative 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 Ordinance, the term
landscaping shall be considered to have the same meaning as the
terms landscape, landscaped, and landscaped area.
Large Shrub means a shrub which normally reaches a height of five
feet or more upon maturity, and usually has five or more canes .
Large Tree means a tree of a species which normally reaches a
height of 25 feet or more upon maturity, and usually has a single
stem.
Nonpermeable Coverage means coverage with nonpermeable pavement.
"Nonpermeable pavement" means any pavement that is not "permeable
pavement" as defined in this section.
Lot means :
1 . a " lot" as defined in Section 18 . 04 and
2 . an "artificial lot" as defined in Section 18 . 50 . 100 C.
Lot With Residential Adjacency means any of the following:
1 . A building site in a residential zoning district, if the
site abuts or is directly across a public street or alley
from an R-1, R-2, R-2a, R-3, R-3a, R-4, or R-0 zoning
district.
Provisional Adoption 08/19/91 127
2 . A building site in a nonresidential zoning district, if
the site abuts or is directly across a public street or
alley from an A-S, R-S, R-1, R-2, R-2a, R-3, R-3a, R-4,
or R-0 zoning district.
3 . An artificial lot in a residential district, if the lot
is less than 200 feet from an R-1, R-2 , R-2a, R-3, R-3a,
R-4 , or R-0 zoning district.
4 . An artificial lot in a nonresidential zoning district,
if the lot is less than 200 feet from an A-S, R-S, R-1 ,
R-2, R-2a, R-3, R-3a, R-4, or R-0 zoning district.
Permeable Pavement means 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.
Screening means a method of visually shielding or obscuring one
abutting or nearby structure or use from another through the use
of densely planted vegetation and/or berms .
Small Tree means a tree of a species which normally reaches a
height of less than 25 feet upon maturity.
Soil means a medium in which plants will grow.
D. General Landscaoina Provisions
1 . Designation of Artificial Lot
All the lots and building sites described in Section
18 .50 . 100 B. 1 shall be subject to landscaping provisions,
however if a building site is over 2 acres in size, the
applicant may request that the Planning Director create
an artificial lot to satisfy the requirements of Section
18 .50 . 100 D.
The Planning Director shall not create an artificial lot
which would, in his/her opinion, violate the spirit of
these landscape regulations . An artificial lot must:
a. wholly include the area on which the development is
to occur; and
b. have an area that does not exceed 50 percent of the
area of the original site.
Provisional Adoption 08/19/91 128
2 . Platting Not Required for Artificial Lots
An artificial lot need not be platted, however it must
be designated on plans approved by the Planning Director,
Development Review Committee, Design Review Board,
Planning Board, or City Commission prior to the issuance
of a building permit.
3 . Landscape Plan Submission
a. Submittal with Site Plan Application
If these landscape regulations apply to a lot or
site subject to Plan Review and Approval outlined
in Chapter 18 . 52 of this Zoning Ordinance, 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 1" to 20 ' Site Plan .
b. Landscape Plan Format
The landscape plan submittal shall include:
( 1 ) twenty blueline or blackline copies of the
plan;
(2 ) maximum scale of 1" to 20 ' ;
( 3 ) standard drawing sheet of a size not to exceed
24 inches by 36 inches; a plan which cannot be
drawn entirely on a 24 inch 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 two
years of professional design experience; 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 design
experience.
d. Contents of Landscape Plan
A landscape plan required pursuant to this Zoning
Ordinance shall contain the following information:
Provisional Adoption 08/19/91 129
( 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 boundary lines and
dimensions of the lot, the zoning
classification of the lot, and the zoning
classification of adjacent properties . A
vicinity map should also be attached on or made
a part of the plan.
( 3 ) Approximate centerlines of existing water
courses 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 1 foot contours) .
( 6 ) Locations and dimensions of proposed landscape
buffer strips .
(7 ) Complete description of plant materials shown
on the plan, including names (common and
botanical name) , locations, quantities,
container or caliper sizes at installation,
heights, spread, and spacing. The location
and type of all existing trees on the lot over
6 inches in caliper must be specifically
indicated.
(8) Complete description of landscaping and
screening to be provided in or near off-street
parking and loading areas, including
information as to the amount (in square feet)
of landscape area to be provided internal to
parking areas and the number and location of
required off-street parking and loading spaces .
( 9 ) An indication of how existing healthy trees
( if any) are to be retained and protected from
damage during construction .
Provisional Adoption 08/19/91 130
( 10 ) Size, height, location, and material of
proposed seating, lighting, planters,
sculptures, and water features .
( 11 ) A description of proposed watering methods .
( 12 ) Location of visibility triangles on the lot
( if applicable) .
( 13) Tabulation of "points " earned by the plan ( see
Section 18 . 50 . 100 .D. 6 . ) .
( 14 ) Designated snow removal storage areas .
( 15 ) Complete description and details of pavement,
curbs , sidewalks and gutters .
( 16 ) Front and side elevations of buildings, fences
and walls with height dimensions .
( 17 ) Show location of existing and/or proposed
drainage facilities which are to be used for
drainage control .
( 18 ) Existing and proposed grade.
( 19 ) Location, dimension ( size and height) and use
of existing and proposed buildings, fences and
walls . Show open stairways and other
projections from exterior building walls .
4 . Landscape Plan Review
The Development Review Committee and, if required by
this Ordinance, the Design Review Board, the Planning
Board, and the City Commission shall review each
landscape plan to determine whether or not it complies
with the requirements of this Section.
All landscape plans must comply with the Mandatory
Landscape Provisions in Section 18 . 50 . 100 .D. 5 .
In addition, all landscape plans must earn a minimum
number of points as specified in 18 . 50 . 100 .D. 6 . Points
are awarded for specified landscape features and elements
based upon their relative value or merit. The
alternatives for achieving the minimum points needed for
approval are provided in Section 18 . 50 . 100 .D. 6, Landscape
Performance Standards, of this Ordinance.
Provisional Adoption 08/19/91 131
5 . Mandatory Landscaping Provisions
a. Yard Landscaping Required
For all uses in all districts, unless other wise
provided by specific approval through design review
procedures, all front, side, and rear yards ,
exclusive of permitted access drives , parking lots,
and accessory structures, shall be landscaped as
defined herein. All landscaped areas shall be
perpetually maintained in a healthy condition.
b. Additional Screening Requirements
The DRB, DRC, and/or other approval authority may
require additional screening when it is determined
to be in the best interest of the affected
properties . Such additional screening may be
required between existing and/or future:
( 1 ) Single-family and multi-family developments or
apartment buildings;
(2 ) Multi-family and multi-family developments or
apartment buildings;
( 3 ) Residential and non-residential uses; or
(4 ) Non-residential uses of differing character
and/or intensity;
c. Parking Lot Landscaping
For purposes of defining parking lot landscaping
requirements, the term "parking lot" means the area
within the perimeter of the paved portion of the
parking lot, including driving aisles but not
including access drives .
All surface parking lots on the building site or
artificial lot, whichever is applicable, shall be
landscaped in accordance with the following
paragraphs which describe landscaping requirements
in addition to the Yard Landscaping requirements
for the site:
( 1 ) Parking Lot Screening Required
(a) All parking lots located on a lot with a
residential adjacency must be screened
from that residential adjacency.
Provisional Adoption 08/19/91 132
(b) All parking lots located between a
principal structure and a public street,
except in M-1 and M-2 districts, must be
screened from the public street.
(c) The screening required under paragraphs
a. and b. above shall be not less than
eight ( 8 ) feet in width and shall be
maintained at a height of four to six feet
except as otherwise restricted by fence
and hedge height limits within required
front yards and site triangles .
(2 ) Large canopy trees, large non-canopy trees or
small trees must be provided in, or immediately
adjacent to, all parking lots at a minimum
average density of:
(a) one large canopy tree; or
(b) one large non-canopy tree and one small
tree; or
( c) three small trees
for each 9 parking spaces required or provided,
whichever is greater.
( 3) No parking space may be located more than 90
feet from the trunk of a tree.
( 4) No tree may be planted closer than four (4)
feet to the paved portion of the parking lot.
(5) Additionally, any parking lot providing fifteen
( 15 ) or more parking spaces shall have a
minimum of 20 square feet of landscape area
within the parking lot for each off-street
parking space in the lot provided as follows :
(a) Wherever possible, the interior parking
lot landscaping shall be designed to
facilitate, control, and denote proper
vehicular circulation patterns .
(b) Internal parking lot landscaping provided
shall be proportionately dispersed so as
to define aisles and limit unbroken rows
of parking to a maximum of 100 feet, with
landscaped areas provided in an
appropriate scale to the size of the
parking lot.
Provisional Adoption 08/19/91 133
( c) The minimum width and/or length of any
parking lot landscaped area shall be eight
feet.
( 6 ) The above standards are minimum mandatory
standards which may be superseded by the
provisions of Section 18 . 50 . 100 .D. 6 for receipt
of performance standard points .
d. Screening of Off-Street Loading Spaces
( 1 ) All off-street loading spaces on a lot with
residential adjacency must be screened from
that residential adjacency.
(2 ) In all districts except M-1 and M-2 districts,
all off-street loading spaces on a lot must be
screened from all public streets adjacent to
that lot .
( 3 ) The screening required under Paragraphs ( 1 )
and ( 2 ) must be at least 6 feet in height .
e. Street Frontage Landscaping Required
Except in A-S and R-S Districts, all street rights-
of-way contiguous with the proposed development site
not used for street pavement, curbs, gutters,
sidewalks , or driveways shall be landscaped as
defined in this Ordinance and shall include, at a
minumum, one ( 1 ) large canopy tree for each fifty
( 50) feet of street frontage. Acceptable large
canopy shade trees for use in public right-of-ways
include the following species :
Ash, Summit Green (Fraxinus pennsylvanica) ;
Honeylocust, Seedless (Gleditsia triacanthos ) ;
Hackberry, Common (Celtis occidentalis ) ;
Linden, American (Tilia americana) ;
Linden, Littleleaf (Tilia cordata) ;
Locust, Black (Robinia pseudoacacia) ;
Maple, Norway (Acer platanoides ) ;
Maple, Schwedler (Acer platanoides
' Schwedler' ) ;
Maple, Sugar (Acer saccharum) ;
Mountain Ash, European (Sorbus aucaparia) ;
Oak, Bur (Quercus macrocarpa) ;
Walnut, Black (Juglans nigra) .
Where it may be impractical or difficult to plant
large canopy trees within the public right-of-way
(due to the presence of overhead power lines, for
Provisional Adoption 08/19/91 134
instance) the requirement for one ( 1 ) large canopy
tree for each fifty ( 50 ) feet of street frontage
may be substituted with two (2 ) small ornamental
trees per fifty (50 ) feet of street frontage.
Acceptable small ornamental trees for use in public
right-of-ways include the following species :
Chokecherry, Amur (Prunus maackii) ;
Crabapple, many species (malus spp. ) ;
Hawthorn (Crataegus spp. ) ;
Lilac, Japanese Tree ( Syringa reticulata) ;
Maple, Amur (Acer ginnala) ;
Maple, Tatarian (Acer tataricum) .
Tree species may be added to or deleted from the
above-lists upon recommendation of a Tree Advisory
board duly appointed by the City Commission.
The minimum quantity of trees and other landscaping
required and provided in the public right-of-way as
described herein shall be designed to complement on-
site landscaping and to enhance the proposed
development project and the streetscape.
f . Street Median Island Landscaping
All street median islands approved through a Plan
Review process shall be landscaped according to
requirements determined through the Plan Review
process .
g. Acceptable Landscape Materials
( 1 ) Acceptable plant materials shall be those
listed in General Selection factors For
Landscape trees and Shrubs by Cooperative
Extension Service, Montana State University,
Circular No. 1280, October 1982 . However, in
the case of Street Frontage Landscaping as
required in Section 18 . 50 . 100 D. 5 . e. above,
acceptable tree species shall be limited to
those listed therein.
(2 ) No artificial plant materials may be used to
satisfy the requirements of this chapter.
( 3 ) Plant materials used to satisfy the
requirements of this chapter must comply with
the following minimum size requirements at the
time of installation (depending on the standard
measuring technique for the species ) .
Provisional Adoption 08/19/91 135
(a) Large trees must have a minimum caliper
of 1 1/2 " - 2 " , or a minimum height of 10
feet.
(b) Small trees must have a minimum caliper
of 1 " - 1 1/2 " or a minimum height of 8
feet.
(c) Large evergreen shrubs must have a minimum
height of 2 feet or, if of a spreading
form, a minimum spread of 2 feet .
(4 ) For purposes of Section 18 . 50 . 100 . 5.g.3
"height" is measured from the top of the root
ball or, if the plant is in a container, from
the top soil level in the container.
h. Protection of Landscape Areas
( 1 ) Perimeter parking lot treatment as required in
Section 18 .50 . 120 .B. 10 shall be installed to
protect landscape areas adjacent to parking
lots .
(2 ) Landscape areas within parking lots ( i . e. ,
landscape islands or peninsulas ) must be
protected from vehicular traffic through the
use of continuous concrete curbs, or other
permanent barriers approved by the Director of
Public Service. Railroad ties, rolled asphalt,
pin down wheel stops or similar methods of
curbing are not acceptable methods of landscape
protection within parking lots .
i . Irrigation Standards
Permanent irrigation systems shall be provided to
all landscaped areas . The use of hose bibs on the
exterior of existing or proposed structures is not
an acceptable method of landscape irrigation unless
the landscaped area is adjacent to the existing or
proposed structure.
All irrigation systems and landscaped areas shall
be designed, constructed, and maintained so as to
promote water conservation and prevent water
overflow or seepage into the street, sidewalk, or
parking areas .
Provisional Adoption 08/19/91 136
j . Required Use of Trees
All landscape plans must include, for each yard with
a residential adjacency, at least one of the
performance standards in Section 18 . 50 . 100 .D. 6 .a. 3
that requires the use of one or more trees .
6 . Landscape Performance Standards
In addition to complying with the Mandatory Landscape
Provisions in Section 18 . 50 . 100 .D. 5, all landscape plans
must earn a minimum number of points as specified below.
Points are awarded for specified landscape features and
elements based upon their relative value or merit.
The minimum number of points needed for landscape plan
approval by Zoning District is as follows :
Lot With Lot Without
Zoning Residential Residential
District Adlacencv Adiacencv
All districts
except B-1 and B-3
districts and P.U.D. s 23 15
B-1 18 15
B-3 13 13
P .U.D. Each proposal within a planned unit
Overlay Districts development, overlay district, or
Deviations seeking a deviation to landscaping
requirements will be evaluated on
thebasis of the overall design
excellence of the proposal with
consideration to the points required
by the most applicable zoning
district and applicable residential
adjacency.
The alternatives for achieving the minimum points needed for
approval are provided below.
a. Yard Landscanina Enhancement
An applicant may earn points under this subsection
by enhancing mandatory yard landscaping as follows :
( 1 ) Three points are awarded when the landscaped
yard has a minimum average width 5 feet to 10
Provisional Adoption 08/19/91 137
feet greater than the minimum yard required by
this Ordinance.
Five points are awarded if the minimum average
width is more than 10 feet greater than the
minimum yard required by this Ordinance.
( 2 ) Five points per yard (up to fifteen points
maximum) are awarded when the landscaped yard
contains one or more of the following groups
of plant materials at a minimum average density
of one group for each 50 linear feet of each
landscaped yard:
(a) One large canopy tree and one large non-
canopy tree.
(b) One large canopy tree and two small
trees .
(c ) One large canopy tree and five evergreen
shrubs .
(d) One large canopy tree, one small tree,
and two large evergreen shrub.
(e) Two large non-canopy trees, and one small
tree.
( 3 ) In the case of a lot with residential adjacency
only, eight points are awarded for providing
vegetative screening in the landscaped yard
with residential adjacency in accordance with
the following subparagraphs :
(a) The screening must be of natural
vegetation at least six feet in height.
(b) The screening must extend along the entire
length of the portion of the landscaped
yard where a residential adjacency exists,,
exclusive of:
(i) public street frontage;
( ii) driveways and accessways at points
of ingress and egress to the lot;
and
( iii)visibility triangles .
Provisional Adoption 08/19/91 138
(c) However, no points are awarded for
screening required by Section
18 . 50 . 100 .D. 5 .b unless the required
screening is constructed of earthen berm
or evergreen plant materials .
(d) If screening is provided by an earthen
berm or evergreen plant materials, the
following additional regulations apply:
( i) An earthen berm must be planted with
groundcover . The earthen berm may
not have a slope that exceeds 1 foot
of rise for each 2 feet of run and
must be at least 4 feet high,
including planting materials, subject
to front yard and site triangle
height limitations .
(ii ) Evergreen plant materials must :
(aa) be located in a bed that is at
least 3 feet wide;
(bb) be placed a maximum of 48 inches
on center over the entire length
of the bed unless an alternative
planting density that a
landscape architect certifies
as being capable of providing
a solid appearance within three
years is approved; and
(cc) provide a visual barrier of the
required height within three
years of their initial
planting.
b. Parkina Lot Landscaping.
(1 ) Ten points are awarded when all surface parking
lots, as defined in Section 18 . 50 . 100 .D. 5 . c .
on the building site or artificial lot,
whichever is applicable, are landscaped in
accordance with all of the following
paragraphs :
(a) A minimum of 20 square feet of landscape
area must be provided in the parking lot
for each required off-street parking space
in the lot.
Provisional Adoption 08/19/91 139
(b) The parking lot must contain one of the
plant groups from Section
18 .50 . 100 .D. 6 . a.2 at an average density
of one group, plus an additional one large
canopy tree, for each required 16 parking
spaces .
(c) No required parking space may be located
more than 70 feet from the trunk of a
large canopy tree.
c. Special Amenities
( 1 ) Pedestrian facilities . One point is awarded
for each 1 percent increment of lot area
covered by publicly accessible special
pedestrian facilities and features such as
plazas , courtyards, covered walkways,
fountains , lakes , streams and ponds , seating
areas, and outdoor recreation facilities, up
to a maximum of five points .
E. Landscaping of Public Lands
The City may, at its discretion, accept responsibility for
the maintenance and operation of all landscaping and
appurtenances installed in accordance with approved Site Plans
within the public right-of-way.
Any required landscaping of public lands which has not been
accepted for maintenance by the City shall be maintained by
the owners of the adjacent properties .
F . Deviation From Landscaping Requirements
To achieve the optimal landscape design on individual sites
or to coordinate the landscape design in an area, it may be
necessary to deviate from the strict application of
landscaping requirements . An application for such deviation
shall be processed through the Design Review Board and
approved by the City Commission.
The application for deviation shall be subject to the
submittal and procedural requirements of Chapter 18 .52 Site
Plan Approval, and shall be accompanied by written and graphic
material sufficient to illustrate the conditions that the
modified standards will produce, so as to enable the City
Commission to determine that the deviation will produce an
environment, landscape quality and character superior to that
produced by the existing standards, and will be consistent
with the intent and purpose of this chapter. Upon such a
Provisional Adoption 08/19/91 140
finding, the City Commission may authorize deviations of up
to 205 from landscape design standards contained herein.
G. Landscaping Completion
All landscaping must be completed or improvements secured in
accordance with the provisions of Chapter 18 . 62 .
H. General Maintenance
1 . Required landscaping must be maintained in a healthy,
growing condition at all times . The property owner is
responsible for regular weeding, mowing of grass,
irrigating, fertilizing, pruning, and other maintenance
of all plantings as needed. Any plant that dies must be
replaced with another living plant that complies with the
approved landscape plan. Failure to maintain required
landscaping in a healthy growing condition at all times
may result in revocation of an Occupancy Permit. When
enforcing this provision of the Ordinance, external
factors such as seasonality and availability of landscape
stock shall be considered before any action to revoke an
Occupancy Permit is taken.
2 . Any damage to utility lines resulting from the negligence
of the property owner or his agents or employees in the
installation and maintenance of required landscaping in
a utility easement is the responsibility of the property
owner. If a public utility disturbs a landscaped area
in a utility easement, it shall make every reasonable
effort to preserve the landscaping materials and return
them to their prior locations after the utility work.
If, nonetheless , some plant materials, die, it is the
obligation of the property owner to replace the plant
materials .
18 . 50 . 110 PROPERTY FRONTAGE AND DRIVE ACCESS STANDARDS
A. Public Street Frontaae Required
Except as otherwise allowed or required by this Ordinance, no
lot shall be created unless such lot abuts for at least 25
feet on a public street, and every building hereafter erected
or moved shall be on a lot adjacent to an improved public
street, with at least 25 feet of frontage as described above.
B. Drive Access From Improved Public Street or Alley Required
Except as otherwise allowed or required by this Ordinance,
primary drive access to buildings on all lots shall be
provided from the abutting improved public street or alley.
Provisional Adoption 08/19/91 141
For purposes of this Code, "improved public street or alley"
shall include:
1 . any street or alley within the City of Bozeman
constructed to a standard which meets or exceeds
standards established by the City Engineering department;
2 . any street outside of the City of Bozeman wuithin the
three mile jurisdictional area constructed to a standard
which meets or exceeds standards established by the
County Road Superintendent; or
3 . established public streets which may not meet current
City or County standards but which are constructed to a
standard which has historically provided an adequate
level of service to adjacent properties, which level of
service would not be degraded as a result of a pending
development proposal.
C. Drive Access Reauirements
Drive accesses , taking primary access from an improved public
street as defined above, are required for commercial parking
lots and parking lots for residential developments of four or
more dwelling units . Parking lots for residential
developments of three or fewer dwelling units may take primary
access from an improved public street or improved public alley
as defined in Section 18 . 50 . 110 . with access provided
according to the provisions of Section 18 . 50 . 120 .A. 5 .
All drive accesses installed, altered, changed, replaced, or
extended after the effective date of this Ordinance shall
comply with the following requirements :
1 . Residential drive access openings shall conform to the
following criteria:
a. Single family drive access openings shall not exceed
24 feet in width measured at the right-of-way line
and 30 feet in width measured at the curb line.
All residential complexes for fewer than four
families are considered single family residences for
the purpose of this Section.
b. Residential complexes with four or more dwelling
units shall be considered commercial (non-
residential ) establishments for the purpose of this
Section, except that separated parking facilities
for individual townhouse units shall be considered
the same as single family parking facilities .
Provisional Adoption 08/19/91 142
2 . Non-Residential drive access openings shall conform to
the following criteria:
a. 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.
b. 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.
3 . Drive accesses for all multiple tenant commercial
buildings or complexes/centers, or industrial drive
accesses shall be set back a minimum of 15 feet from the
adjacent property line unless such drive access is
approved as a shared drive access .
4 . Drive accesses to drive-in theaters, stadiums,
racetracks, funeral homes, or uses generating very heavy
periodic traffic conflicts shall be located not ' closer
than 200 feet to any pedestrian or vehicular entrance or
exit to a school, college, university, church, hospital,
public emergency shelter or other place of public
assembly.
5 . All commercial and industrial drive accesses on arterial
streets shall have 15 foot return radii unless otherwise
approved by the Director of Public Service. All
commercial and industrial drive accesses on other streets
may have either return radii or depressed curbs . The
minimum radius allowed is 4 feet.
D. Distance from Intersection
Driveway access distance from street intersections for all
lots created after the effective date of this Ordinance shall
be subject to the following minimum dimensions, unless
otherwise approved by the Director of Public Service as part
of an approved site plan.
Provisional Adoption 08/19/91 143
Driveway Access Located Driveway Access Located
on Collector Streets on Arterial Streets
Nearest Distances from Distances from
Intersecting Intersection Intersection
Street In Res . Dist. In Comm. /Ind _In Res . Dist. InComm. /
Dist . Ind. Dist.
Arterial 100 ' 150 ' 150 ' 200 '
Collector 40 ' 150 ' 150 ' 150 '
Local 40 ' 100 ' 100 ' 150 '
Note: All distances shall be measured from the
inside edge of the drive access,
extended, at its intersection with the
projected curb line of the intersecting
street.
E. Drive Access Soacina
The distance between drive accesses on a public street,
except for single-family dwellings, as defined above, shall
be measured from inside of drive to inside of drive
according to the following specified distances, unless
otherwise approved by the Director of Public Service as part
of an approved site plan.
Driveway Access Spacing Driveway Access Spacing
On Collector Streets In On Arterial Streets In
Res . Dist. Comm. /Ind. Dist. Res . Dist. Comm. /Ind.
Dist.
Average
Spacing
o Partial
Access* 60 ' 80 ' 80 ' 150 '
o Full
Access** 100 ' 150' 100 ' 150 '
Minimum
Separation 60 ' 80 ' 60 ' 100 '
Notes : * Partial access includes right turn in
and out only.
** Full access allows all turn movements ,
in and out.
Provisional Adoption 08/19/91 144
F. Number and Location of Drive Accesses
Single family uses shall be limited to one ( 1 ) drive access
per street face, except on properties abutting arterial
streets in which case circular drive-ways, or driveways
facilitating the turning of automobiles on-site, shall be
required. Circular driveways with two openings on a single
street frontage may be permitted in A-S and R-S Zoning
Districts .
Notwithstanding any other provisions of this Title, drive
accesses may not be located closer than eight feet to any
side property line, unless shared access with the adjoining
property is approved.
G. Shared Drive Access
The City desires and encourages sharing access drives
between separate parcels .
H. Access Approval Reauired
All drive accesses shall be approved by the Director of
Public Service for width and location.
I . Deviations from Property Access Standards
Some of the standards listed in Sections 18 . 50 . 110 .0-F
above, may be relaxed if it is shown during the Site Plan
review process that more efficient design can be
accomplished without jeopardizing the public ' s health,
safety and welfare.
Deviations from access standards shall be approved at the
discretion of the Public Service Director.
Commercial developments (including residential complexes for
four or more families ) which may not be able to meet the
requirements of Section 18 .50 . 120 .0-F below, and are
requesting deviations from the standards, shall submit to
the Director of Public Service a report certified by a
Professional Engineer addressing the following site
conditions, both present and future:
- traffic volumes
- turning movements
- traffic controls
- site design
- sight distances
- location and alignment of other access points
Provisional Adoption 08/19/91 145
Based upon the above data, the Director of Public Service
shall determine whether a deviation from the required
standards is justified and, if so, what alternative
requirements will be necessary.
18 . 50 . 120 PARKING REOUIREMENTS
A. General Provisions
1 . Floor Area
The term "floor area" , for the purpose of calculating
the number of off-street parking spaces required, shall
mean the "gross floor area" , measured on the basis of
the exterior-area dimensions of the building, minus the
following:
a. Window display areas;
b. Storage areas;
c . Areas used for incidental repair of equipment sed
or sold on the premises;
d. Areas occupied by toilets and rest rooms;
e . Areas occupied by public utility facilities;
f . Areas occupied by dressing rooms, fitting or
alteration rooms incidental to the sale of
clothing;
g. Areas occupied by stairways and elevators;
h. Corridors connecting rooms or suites or rooms;
Provided, however, at the election of the owner
thereof, "floor area" shall mean eighty-five percent
( 85% ) of the "gross floor area" of the building
(without deduction of exceptions "a" through "h" set
above) . Such election shall be made in writing to the
Planning Director, shall be signed and acknowledged by
the owner and shall be filed with the Planning Director
prior to the issuance of a building permit for such
building. The owner shall also be responsible for
certifying other information upon which parking
requirements may be based, such as seats, and the
number of employees on maximum working shift
Provisional Adoption 08/19/91 146
Where applicable, the number of spaces required in
section 18 . 50 . 120 F will be the total of the spaces
required for the component activities of certain uses,
each calculated separately.
2 . Change of Use or Occupancy of Buildings
With any change of use or occupancy of any building or
buildings, including additions to buildings, that may
require more parking, an occupancy permit is required
and shall not be issued until such additional parking
spaces, as required by this Ordinance, are furnished.
B. Stall , Aisle and Driveway Design
1 . Parking Dimensions
The following shall be the minimum parking space
dimensions :
Angle Width! Lenath Aisle Width
Handi- Handi-
Standard capped Compacts Standard capped Compacts
90° 9 . 0 ' 13 ' 8 ' 18/20 '2 18/20 '2 16 ' 26 '3
60° 9 . 0 ' 13 ' 8 ' 18/20 ' 18/20 ' 16 ' 18/234
45° 9 . 0 ' 13 ' 8 ' 18/20 ' 18/20 ' 16 ' 15/234
Notes :
1 ) As measured by a line perpendicular to the stall line
at a point on the outside end of the stall, except when
the stall is on the inside edge of a curve, in which
case the point of measurement shall be on the inside
end of the stall .
2 ) 18 ' if measured from a curb on the inside edge of the
stall; 20 ' if measured from a painted line on the
inside edge of the stall . Stall length variations are
subject to approval by the Planning and Zoning
Commission.
3) For 90° parking, aisles are 2-way;
4) First number refers to one way traffic; second number
to two-way traffic. If the aisle is needed as a fire
lane, a 20 foot minimum is required.
5) Unless otherwise approved, all parking spaces shall be
of standard width and length. In any parking facility
containing twenty or more parking spaces, a maximum of
Provisional Adoption 08/19/91 147
twenty-five percent (25% ) of the required parking
spaces may be reduced in size for small cars, provided
these spaces shall be clearly identified with a sign
permanently affixed immediately in front of each space
containing the notation, "Compacts Only" . Where
feasible, all small car spaces shall be located in one
or more contiguous areas and/or adjacent to ingress-
egress points within parking facilities . Location of
compact car parking spaces shall not create traffic
congestion or impede traffic flows .
2 . Within Structures
The off-street parking requirements may be furnished by
providing spaces so designed within the principal
building or accessory parking structure; however, no
building permit shall be used to convert said parking
structures into a dwelling unit or living area or other
activity until other adequate provisions are made to
comply with the required off-street parking provisions
of this Ordinance.
All parking structures or portions of structures used
for parking shall meet applicable Uniform Building and
Fire Code requirements .
3 . Exceptions to these Parking Requirements
Because some situations (i. e. existing lots which have
no landscaping, irregular lots, lots with topographic
difficulties, etc . ) would benefit from an alternative
to the required maximum parking areas; because the
community' s appearance could benefit from additional
landscaping, streetscaping, and sculptural elements;
and because parking exceptions and/or landscaping would
encourage development within existing city boundaries;
the following alternatives may be permitted:
These alternatives may be proposed by the developer for
review by staff . Such proposals may be approved based
on a determination that such alternatives meet the
following requirements and will not create a congested
on-street parking situation in the vicinity of the
proposal
a. Neighborhood Conservation Overlay District
Except in the B-3 District, parking requirements
in Neighborhood Conservation Overlay Districts
will be governed by Chapter 18 . 42 of this Zoning
Code . Generally, parking and access drives should
not have an adverse effect on any existing
Provisional Adoption 08/19/91 148
elements which contribute to the character of the
neighborhoods . Common driveways , single car
garages, and landscaped yards and boulevards may
be some of the important elements to retain. The
procedures outlined in Chapter 18 . 42 may be used
to define all parking requirements .
b . Landscaping in Lieu of Parking
Except in the B-3 District, property owners have
the option of requesting the deletion of up to
five required spaces or 10% of the required
parking spaces, whichever is less , if 350 square
feet of landscaping, trees, streetscaping, or
sculptural elements (not signage) is installed on
the property for each space so deleted. This
shall not decrease the amount of landscaping that
would have been required with full parking, but
shall be in addition to such landscaping. This
option shall be approved by DRB. These
improvements must be placed in the public right-
of-way or yards directly facing the right-of-way.
c . Exceptions and Modifications to Parking
Requirements in B-3 Districts
Where all or part of the required parking spaces
cannot be provided for a proposed use in the B-3
District, either through ownership or lease of the
necessary land, the petitioner may satisfy the
parking requirements by providing an equivalent
cash-in-lieu payment according to the following
provisions :
1 ) No building permit shall be issued, nor shall
any use of property be initiated unless a
satisfactory cash-in-lieu payment is received
by the Department of Finance.
2 ) The Parking Commission shall review and
consider all requests for cash-in-lieu
payments and furnish a written and dated
certificate, signed by the Parking Commission
chairman, authorizing cash-in-lieu payments .
A copy of this certificate shall be presented
to the Chief Building Official and Zoning
Administrator before a building permit is
issued or the use instituted.
3 ) For each required parking space not provided,
an appropriate payment shall be made to the
Provisional Adoption 08/19/91 149
City Finance Director as specified by City
Commission resolution.
4 ) All funds received under the provisions of
this chapter shall be deposited in an
interest-bearing account and unless otherwise
directed by the City Commission, shall be
used for the acquisition of additional
parking facilities and for the renovation and
resurfacing of same.
5 ) The cash-in-lieu fee may be revised, at the
discretion of the City Commission, upon the
recommendation of the Parking Commission, to
reflect changing market values .
6 ) All real property assessed by Special
Improvement District (SID) No. 565, or other
similarly adopted improvement districts
designed to provide additional parking spaces
within the B-3 district, shall not be
required to provide additional parking spaces
beyond those required at the time of said SID
adoption, provided the use of said real
property and improvements remains unchanged
from the initial assessments of SID No. 565,
or other similarly adopted improvement
districts .
In the event that a new use or an expansion
is initiated on any portion of real property
or improvements subsequent to the assessments
for SID No. 565 or other similarly adopted
improvement districts, then parking space
requirements shall be satisfied prior to
initiation of those new or expanded uses .
4 . Circulation Between Bays
Except in the case of one to three-family dwellings and
individual townhouse units, parking areas shall be
designed so that circulation between parking bays
occurs within the designated parking lot and does not
depend upon a public street or alley.
5 . Backing into Public Right-of-Ways
Except in the case of one to three-family dwellings and
individual townhouse units, parking area design which
requires backing into the public street or alley is
prohibited. In all cases where backing occurs, the
required aisle width shall be provided. The aisle
Provisional Adoption 08/19/91 150
width calculation may incorporate the width of the
public right-of-way.
6 . Parallel Parking Spaces
Parallel parking spaces shall be a minimum of 24 feet
in length.
7 . Surfacing
Except for single family development on individual
lots, all areas intended to be utilized for permanent
parking space and driveways shall be paved with
concrete or asphaltic concrete, or approved pavers, to
control dust and drainage. All proposed parking areas
and driveway improvements shall require a Grading and
Drainage Plan approved by the Director of Public
Service.
However, paving shall not be required for permitted and
conditional uses in the A-S and R-S zoning districts
when all of the following circumstances exist:
a. The use is required to provide fewer than fifteen
( 15 ) parking spaces and no loading spaces under
the provisions Section 18 . 50 . 120;
b. The lot or tract on which the use is located is
not adjacent to a paved street or road; and
c. The applicant shall enter into an improvements
agreement with the City agreeing that the lot
shall be paved within nine ( 9 ) months of the time
an adjacent roadway is paved.
8 . Striping
Except for one to three-family dwellings and individual
townhouse units, all parking stalls shall be marked
with painted lines not less than four (4 ) inches wide.
9 . Lighting
Any lighting used to illuminate an off-street parking
area shall be so arranged as to reflect the light down
and/or away from adjoining property, abutting
residential uses and public rights-of-way, and shall be
in compliance with the lighting restrictions in Section
18 . 50 . 135 of this Ordinance.
Provisional Adoption 08/19/91 151
10 . Signs
No sign shall be so located as to restrict the sight
lines and orderly operation and traffic movement within
any parking area. All signs shall conform to the
requirements of Section 18 . 65 Sign Code, of this
Ordinance.
11 . Parking Lot Curbing
Except for individual townhouse units and one to three-
family dwellings, all open off-street parking areas and
driveways shall have a six ( 6 ) inch by six ( 6 ) inch
perimeter concrete curb around the entire parking lot,
including driving access ways . Continuous concerete
curbing shall be built according to standards provided
by the Director of Public Service.
Concrete pin-down wheel stops may be permitted as an
alternative to continuous concrete curbing in front of
parking spaces which front on the perimeter of the
parking lot . However, continuous concrete curbing as
described above shall be provided in all situations
where deemed necessary by the Director of Public
Service to control drainage and soil erosion.
Alternative perimeter treatment may be permitted
adjacent to snow storage areas subject to the approval
of the Director of Public Service.
Requirements for perimeter curbing shall not preclude
opportunities for shared access between adjacent
parking lots .
12 . Protruding Vehicles
All on-site parking stalls which abut property lines
shall be designed and constructed such that parked
vehicles shall not protrude over property lines .
13 . Pedestrian Facilities in Parking Lots
Concrete sidewalks a minimum of three feet in width
shall be provided between any existing or proposed
building and adjacent parking lot. Where sidewalk
curbs serve as wheel stops, an additional two feet of
sidewalk width is required.
14 . Snow Removal Storage Areas
Snow removal storage areas shall be provided sufficient
to store snow accumulation on site. Said areas shall
Provisional Adoption 08/19/91 152
not cause unsafe ingress/egress to the parking areas,
shall not cause snow to be deposited on public rights-
of-way, shall not include areas provided for required
parking access and spaces, and shall not be placed in
such a manner as to damage landscaping. All snow
removal storage areas shall be located and designed
such that the resultant storm water run-off is directed
into landscaped retention/detention and water quality
improvement facilities as required by the City
engineering department or in compliance with any
adopted storm drainage ordinance.
15 . Parking and Stacking for Drive In/Drive Through
Facilities
Required parking and stacking spaces for waiting
automobiles shall be determined by the DRC and shall
not in any manner inhibit on-site or off-site vehicular
circulation.
16 . Ownership/Leasehold
Required parking lots shall be owned or leased by the
owner or lessee of the building or use being served by
such parking. Such parking lots shall be maintained as
a parking lot so long as the building and/or use served
is in operation or until another approved parking area
is established for such building or use.
17 . Storm Water Drainage
Storm water drainage from parking lots shall be
directed into landscaped detention/retention facilities
and water quality improvement facilities as required by
the City engineering department, or in compliance with
any adopted storm drainage ordinance.
C. Maintenance
It shall be the joint and separate responsibility of the
lessee and owner of the principal use, uses or building to
maintain in a neat and adequate manner, the parking space,
accessways, striping, landscaping and required fences or
screening.
D. Use of Required Parkin° Areas for Parking Only
Required off-street parking spaces in any district shall not
be utilized for open storage, sale or rental of goods,
storage of inoperable vehicles, except when permitted as a
temporary use .
Provisional Adoption 08/19/91 153
E . Parkina Spaces Identified and Maintained
All residential occupancies shall provide required off-
street parking spaces . When enclosing a carport or garage
for storage or living purposes, an Affidavit shall be
submitted to the Planning Director identifying the required
parking spaces necessary to comply with Section
18 .50 . 120 .F. 1, below.
F. Number of Spaces Required
The following minimum number of off-street, paved parking
spaces shall be provided and maintained by ownership,
easement and/or lease for and during the life of the
respective uses hereinafter set forth:
1 . Residential Uses
Dwelling Types Off-Street Parking Spaces
Required
With On-Street Parking Without On-Street Parking
Single Family 2 . 00 Spaces/Unit 3 . 0 Spaces/Unit
Mobile Homes 2 . 00 Spaces/Unit 3 . 0 Spaces/Unit
Two-Family 2 . 00 Spaces/Unit 3 . 0 Spaces/Unit
Three-Family 2 . 25 Spaces/Unit 2 . 25 Spaces/Unit
Four-Family 2 .25 Spaces/Unit 2 .25 Spaces/Unit
Townhouse 2 . 00 Spaces/Unit 2 . 25 Spaces/Unit
Apartments 2 . 20 Spaces/Unit 2 . 20 Spaces/Unit
Group Homes 1 Space per Potential 1 Space per Potential
and Community Guest Room Guest Room
Residential
Facilities
All site plans submitted for permit purposes shall identify
parking space allocations .
2 . Non-Residential Uses
Use Type Off-Street Parkina Spaces Required
Automobile Sales a) One ( 1 ) space per 200 square feet
of indoor floor area, plus
Provisional Adoption 08/19/91 154
b) Two (2 ) spaces per 20 outdoor
vehicle display spaces
Automobile Service a) Two (2 ) spaces per service stall,
Station but no less than four (4 ) spaces
Automobile Washing a) Three ( 3 ) spaces or one for each
Establishment employee on maximum shift, in
o Automatic Drive- addition to stacking space
Through
o Self-Service b) Two ( 2) spaces per stall not
including washing or drying spaces
Bank, Financial a) One ( 1 ) space per 300 square
Institutions feet
Bowling Alley a) Four (4 ) spaces per alley, plus
b) Two (2 ) spaces per billiard table,
plus
c) One ( 1 ) space per each five visitor
gallery seats
Church a) One ( 1 ) space per four seats or six
linear feet of space in each
building based upon design capacity
of main assembly hall
b) Public assembly areas, recreational
buildings; one ( 1 ) per 200 square
feet.
c) Classrooms; one space per four
seats .
Community or a) One ( 1 ) space per 200 square
Recreation Center feet of floor area
Dance Halls, Skating a) One ( 1 ) space per 300 square
Rinks or Similar Uses feet of floor area
Court Clubs , a) One ( 1 ) space per 200 square
(Racquetball, Hand- feet of floor area, plus 3
ball, Tennis) spaces per court
Provisional Adoption 08/19/91 155
Day Care Centers a) One ( 1) space per 200 square feet
of floor area
Elderly (Senior a) One ( 1 ) space per unit
Citizens) Housing
Furniture Stores a) Three ( 3 ) spaces per 1 , 000
Over 20, 000 square feet of floor area
Square Feet
Golf Courses a) One ( 1 ) space per 200 square feet
of main building floor area, plus
b) One (1 ) space for every two
practice tees in driving range,
plus
c) Four (4 ) spaces per each green in
the playing area
Hospital a) One ( 1 ) space per bed
Manufacturing and a) One ( 1 ) space per 1, 000 square
Industrial Uses feet of floor area, plus
b) One ( 1 ) space per two employees on
maximum working shift
Medical and a) Four (4 ) spaces for each full-time-
equivalent doctor
Dental Offices or dentist, plus
b) One ( 1 ) space for each full-time-
equivalent employee
Motels, Hotels a) One and one-tenth ( 1 . 1 ) spaces per
each guest room, plus
b) One ( 1) space per employee on
maximum shift, plus
c) Spaces for accessory uses as
follows :
o Restaurants, Bars, d) One ( 1) space per 60 square feet
Dining Rooms
o Commercial Areas e) One ( 1 ) space per each 400 square
feet of floor area
o Public Assembly f) One ( 1) space for each five
Areas seats based upon design capacity,
except that
Provisional Adoption 08/19/91 156
g) Total off-street parking for public
assembly may be reduced by one
space for every four guest rooms .
Nursing Homes, a) Four (4 ) spaces, plus
Rest Homes or b) One ( 1 ) space for each three
Similar Uses beds, plus
c) One ( 1 ) space for each employee on
maximum shift
Offices (Except
Medical and Dental ) a) One ( 1 ) space per 250 square feet
of floor area with a minimum of
four ( 4)
Outdoor Sales (Plant a) One ( 1) space per 500 square
Nurseries, Building feet of sales and/or display
Materials, Equipment area. The size of the sales
Rental and Similar and/or display area shall be
determined on a case-by-case basis
by the Planning Board.
Restaurants, Cafes, a) One ( 1) space per 50 square feet
Bars and Similar of indoor public serving area,
Uses plus
b) One ( 1 ) space per 100 square feet
of outdoor serving (patio) area
Retail Store and a) One ( 1 ) space per 300 square
Service Establishments feet of floor area
Sales Sites; Model a) One ( 1 ) space per 150 square
Home feet of model floor areas; and
b) One ( 1 ) space per employee.
Schools
o Elementary and/or a) One and one-half ( 1 . 5 ) spaces
Junior High for each classroom, library,
lecture hall and cafeterias, plus
b) One ( 1 ) space per each three fixed
seats in the main area of public
assembly, or
Provisional Adoption 08/19/91 157
c) One ( 1 ) space for each 21 square
feet of area available for public
assembly if fixed seats are not
provided.
o Senior High a) One and one-half ( 1 . 5 ) spaces for
each classroom or lecture hall ,
plus
b) One ( 1) space per each five
students , plus
c) One ( 1 ) space for each non-teaching
employee, plus
d) One ( 1 ) space per each three fixed
seats in the area of public
assembly, or
e) One ( 1) space per 21 square feet of
area available for public assembly
if fixed seats are not provided.
o Business or a) One ( 1 ) space for each 1 . 25
Similar School students .
Theatre, Auditorium a) One ( 1) space per four seats
or Similar Place of based upon design capacity
Public Assembly
Warehousing, Storage a) One ( 1 ) space per 1 , 000 square
or Handling of Bulk feet of floor area devoted to
Goods storage of goods, plus :
b) Appropriate spaces to support
accessory office or retail sales
facilities, one ( 1 ) space per 300
square feet of floor area
3 . Handicapped Parking Spaces
Handicapped parking spaces shall be provided subject to
Federal standards enumerated in the Federal Register,
dated 4 August 1982 , Subpart C, Section 1190 . 31,
"Accessible Building and Facilities : New Construction. "
G. Joint Use of Parking Facilities
1 . Up to 80 percent of the parking facilities required by
this Subsection for a church or for an auditorium
incidental to a public or parochial school may be
supplied by the off-street parking facilities by the
following daytime uses : banks, business offices,
retail stores , personal service shops, household
Provisional Adoption 08/19/91 158
equipment or furniture shops, clothing or shoe repair
or service shops, manufacturing, wholesale and similar
uses .
2 . Other joint use of parking by adjacent commercial uses
to reduce total parking spaces may be allowed with an
approved Parking Study submitted by a Registered
Professional Engineer, Architect or Landscape
Architect .
3 . Conditions Required for Joint Use
a. The building or use for which application is being
made to utilize the off-street parking facilities
provided by another building or use shall be
located within one thousand feet of such parking
facilities .
b. The applicant shall show that there is no
substantial conflict in the operating hours of the
two buildings or uses for which joint use of off-
street parking facilities is proposed.
c . A properly drawn legal instrument, executed by the
parties concerned for joint use of off-street
parking facilities, duly approved as to form and
manner of execution by the City Attorney, shall be
filed with the City Clerk and recorded with the
County Clerk and Recorder.
H. Off-Site Parking
1 . Any off-site parking which is used to meet the
requirements of this Ordinance shall be reviewed by the
Planning Director for compliance with this Ordinance
and shall be subject to the conditions listed below.
2 . Off-site parking shall be developed and maintained in
compliance with all requirements and standards of this
Ordinance.
3 . Reasonable access from off-site parking facilities to
the use being served shall be provided.
4 . The site used for meeting the off-site parking
requirements of this Ordinance shall be under the same
ownership as the principal use being served, under
public ownership, or shall have guaranteed permanent
use by virtue of a perpetual lease filed with the City
Clerk and County Clerk and Recorder.
Provisional Adoption 08/19/91 159
5 . Off-site parking for single-family and two-family
dwellings shall not be permitted.
6 . Off-site parking for multiple-family dwellings shall
not be located more than 100 feet from any commonly
used entrance of the principal use served.
7 . Off-site parking for non-residential uses shall not be
located more than 400 feet from the commonly used
entrance of the principal use and shall not be located
in residential districts .
8 . Any use which depends upon off-site parking to meet the
requirements of this Ordinance shall maintain ownership
or provide evidence of a long term irrevocable lease
agreement, running in perpetuity with the existence of
the designated use, for parking utilization of the off-
site location.
I . Improvement Schedule
All parking area improvements to include surfacing,
drainage, walkways, lighting, landscaping, screening,
traffic control, etc. , shall be installed according to the
provisions of Chapter 18 . 62 .
J. Stacking of Off-Street Parkina Spaces
Required parking spaces shall be located so as to preclude
stacking of off-street parking spaces, with the exception of
single-family dwellings and individual townhouse units, and
duplexes with physically separated individual driveways .
K. No Parkina Permitted in Reauired Front or Side Yards
Required parking spaces shall not be located in any required
front or side yard, except for detached single-family
dwellings and townhouses, and duplexes with physically
separated individual driveways . Single-family dwellings,
individual townhouse units, and duplexes with physically
separated individual driveways may have one space located
within a driveway area in the required front yard.
18 . 50 . 130 OFF-STREET LOADING BERTH REOUIREMENTS
A. Affected Uses
Every hotel, restaurant, department store, freight terminal
or railroad yard, hospital or sanitarium, industrial plant,
manufacturing establishment, retail establishment, storage
warehouse or wholesale establishment, and all other
structures devoted to similar mercantile or industrial
Provisional Adoption 08/19/91 160
pursuits, which has an aggregate gross floor area of 15, 000
square feet or more shall provide off-street truck loading
or unloading berths in accordance with the following table:
Square Feet of Aggregate Gross Floor Required No.
Area Devoted to Such Use of Berths
15, 000 sq. ft. up to & inc . 40, 000 sq. ft. 1
40, 001 sq. ft. up to & inc. 100, 000 sq. ft. 2
100, 001 sq. ft. up to & inc. 160, 000 sq. ft . 3
160, 001 sq. ft. up to & inc . 240 , 000 sq. ft. 4
240, 001 sq. ft. up to & inc. 320 , 000 sq. ft . 5
320, 001 sq. ft. up to & inc . 400 , 000 sq. ft. 6
400, 001 sq. ft . up to & inc . 490 , 000 sq. ft . 7
For each additional 100 , 000 sq. ft. 1 add' l .
Any office building 100, 000 sq. ft . or larger shall have at
least one ( 1 ) off-street loading berth.
B. Standards for Off-Street Loading Facilities
All off-street loading facilities shall conform to the
following standards :
1 . The first loading berth shall be at least seventy ( 70 )
feet in length. Additional berths required shall be at
least forty-five ( 45 ) feet in length unless certified
by the property owner in writing that additional
loading activity will take place exclusively with small
delivery vans in which case the berth(s ) shall be at
least 25 feet in length. All loading berths shall be
at least twelve ( 12 ) feet in width and fourteen ( 14)
feet in height, exclusive of aisle and maneuvering
space.
2 . Such space may occupy all or any part of any required
yard space, except front and exterior side yards, and
shall not be located closer than fifty (50 ) feet to any
lot in any residential zone unless separated from such
zone, except at the accesses, by screening not less
than eight ( 8 ) feet in height.
3 . Sufficient room for turning and maneuvering vehicles
shall be provided on the site so that vehicles shall
cross a property line only by driving forward.
4 . Each loading berth shall be accessible from a street or
alley or from an aisle or drive connecting with a
street or alley, without traversing a residential
district .
Provisional Adoption 08/19/91 161
5 . The loading area, aisles , and access drives shall be
paved so as to provide a durable, dustless surface and
shall be so graded and drained so as to dispose of
surface water without damage to private or public pro-
perties , streets, or alleys .
6 . Bumper rails shall be provided at locations where
needed for safety or to protect property.
7 . If the loading area is illuminated, lighting shall be
deflected down and/or away from abutting residential
sites so as to cause no annoying glare.
8 . No regular repair work or servicing of vehicles shall
be conducted in a loading area.
9 . Off-street loading facilities shall be located on the
same site with the use for which the berths are
required.
10 . If more than one use is located on a site, the number
of loading berths provided shall be equal to the sum of
the requirements prescribed in this Ordinance for each
use. If more than one use is located on a site and the
gross floor area of each use is less than the minimum
for which loading berths are required but the aggregate
gross floor area is greater than the minimum for which
loading berths are required, off-street loading berths
shall be provided as if the aggregate gross floor area
were used for the use requiring the greatest number of
loading berths .
11 . Off-street loading facilities for a single use shall
not be considered as providing required off-street
loading facilities for any other use.
12 . At the time of initial occupancy, major alterations or
enlargement of a site, or of completion of construction
of a structure or of a major alteration or enlargement
of a structure, there shall be provided off-street
loading berth requirements subject to the provisions of
Chapter 18 . 62 . The number of loading berths provided
for a major alteration or enlargement of a site or
structure shall be in addition to the number existing
prior to the alteration or enlargement.
13 . Space allocated to any off-street loading berth shall
not be used to satisfy the space requirements for any
off-street parking facility.
Provisional Adoption 08/19/91 162
18 . 50 . 140 SPECIAL TEMPORARY USE PERMIT
A. Generally
Uses permitted subject to Special Temporary Use Permit are
those temporary uses which are required for the proper
function of the community or are temporarily required in the
process of establishing a permitted use, or constructing a
public facility. Such uses shall be so conducted that they
will not be detrimental in any way to the surrounding
properties or to the community. Uses permitted subject to a
Special Temporary Use Permit may include:
1 . Carnivals, circuses, special events of not over 72
consecutive hours .
2 . Tent revival meetings
3 . Swap meets .
4 . Such other uses as the Planning Director may deem to be
within the intent and purpose of this section.
B. Application and Filina Fee
Application for a Special Temporary Use Permit may be made
by property owner or his authorized agent. Such application
shall be filed with the Planning Director who shall charge
and collect a filing fee for each such application, as
provided in Chapter 18 . 62 , of this Ordinance. The Planning
Director may also require any information deemed necessary
to support the approval of a Special Temporary Use Permit,
including site plans as per Chapter 18 . 52 of this Ordinance.
C. Decision
Application for Special Temporary Use Permit shall be
reviewed by the Planning Director who shall approve,
conditionally approve, or disapprove such application.
Approval or conditional approval shall be given only when in
the judgment of the Planning Director such approval is
within the intent and purposes of this Chapter. Any person
aggrieved by the decision of the Planning Director may file
an appeal within fifteen ( 15 ) days of such decision with the
Board of Adjustment pursuant to Chapter 18 . 56 of this
Ordinance.
Provisional Adoption 08/19/91 163
D. Conditions
In approving such a permit, the approval shall be made
subject to a time limit and other conditions deemed
necessary to assure that there will be no adverse effect
upon adjacent properties . Such conditions may include the
following:
1 . Regulation of parking
2 . Regulation of hours
3 . Regulation of noise
4 . Regulation of lights
5 . Requirement of bonds or other guarantees for cleanup or
removal of structure or equipment
6 . Such other conditions deemed necessary to carry out the
intent and purpose of this section.
18 . 50 . 150 HOME OCCUPATIONS
A. Generally
A home occupation is a use that is considered accessory to a
dwelling unit. A home occupation shall be carried on by one
or more persons , all of whom reside within the dwelling
unit, and where no more than one person is employed on more
than a half time basis other than resident and domestic
help. The use shall be clearly incidental and secondary to
the use of the dwelling for residence purposes and shall not
change the character thereof or adversely affect the uses
permitted in the residential district of which it is a part.
There shall be no outside storage of any kind; any indoor
storage, construction, alterations, or electrical or
mechanical equipment used, shall not change the fire rating
of the structure. The use may increase vehicular traffic
flow and parking by no more than one additional vehicle at a
time. It shall not cause an increase in the use of one or
more utilities (water, sewer, or garbage) so that the
combined total use for dwelling and home occupation purposes
of one or more utilities exceeds the average for residences
in the neighborhood. When a use is a home occupation, it
means that the owner, lessee, or other persons who have a
legal right to the use of the dwelling unit also have the
vested right to conduct the home occupation without securing
special permission to do so. However, such person shall be
subject to all conditions set forth in this Ordinance, such
as off-street parking, and to all other permits required by
the City, such as Building Permits and Business Licenses,
Provisional Adoption 08/19/91 164
and shall consult with City officials before establishing
such home occupation.
B. Purpose
It is in the intent of this Section to eliminate as home
occupations all uses except those that conform to the
standards set forth in this Section. In general, a home
occupation is an accessory use so located and conducted that
the average neighbor, under normal circumstances , would not
be aware of its existence . The standards for home
occupations included in this Section are intended to insure
compatibility with other permitted uses and with the
residential character of the neighborhood. A clearly
secondary or incidental status in relation to the
residential use of the main building is the criteria for
determining whether a proposed accessory use qualifies as a
home occupation.
C. Necessary Conditions
Home occupations are permitted accessory uses in residential
districts only so long as all the following conditions are
observed:
1 . Such occupation shall be conducted solely by resident
occupants in their residence with not more than one
half-time non-resident employee .
2 . No more than twenty-five (25% ) percent of the gross
area of all structures shall be used for such purpose.
3 . No use shall require internal or external alterations
or involve construction features or the use of
electrical or mechanical equipment that would change
the fire rating of the structure.
4 . No home occupation shall cause an increase in the use
of any one or more utilities (water, sewer, garbage,
etc. ) so that the combined total use for dwelling and
home occupation purposes exceeds the average for resi-
dences in the neighborhood;
5 . There shall be no outside storage of any kind related
to the home occupation;
6 . The use may increase vehicular traffic flow and parking
by no more than one additional vehicle at a time;
7 . No use shall create noise, dust, vibration, smell,
smoke, glare, electrical interference, fire hazard, or
any other hazard or nuisance to any greater or more
Provisional Adoption 08/19/91 165
frequent extent than that usually experienced in an
average residential occupancy in the district in
question under normal circumstances wherein no home
occupation exists .
D. Complaints
Complaints by citizens of Bozeman or residents living within
the zoning jurisdiction of the City of Bozeman may be cause
for termination of the home occupation . However, should
such complaint be filed, the operator is entitled to an
appeal to the Board of Adjustment for a public hearing. The
Board of Adjustment shall determine whether or not the filed
complaint identifies sufficient violation of this Ordinance
to warrant termination or modification of the home
occupation.
E. Examples of the Uses that Freauentiv Oualifv as Home
Occupations
The following are examples of uses which can typically be
conducted within the limits of the restrictions established
in this section and thereby may qualify as home occupations.
Uses which may qualify as "home occupations" are not limited
to those named in this paragraph (nor does the listing of a
use in this paragraph automatically qualify as a home
occupation) : accountant; architect; artist; attorney-at-
law; author; consultant; dressmaking; individual musical
instrument instruction; individual tutoring; insurance;
millinery; and realtor.
F. Uses That Are Prohibited
The following uses, by the nature of the investment of
operation, have a pronounced tendency, once started, to
rapidly increase beyond the limits permitted for home
occupations and thereby impair the use and value of a
residentially zoned area for residential purposes .
Therefore, the following uses shall not be permitted as home
occupations : auto repair, minor or major; barber shop;
carpentry work; contractor' s offices , unless no construction
activity or storage of materials and/or equipment occurs at
the residence; dance instruction; dental offices; medical
offices; painting of vehicles, trailers, or boats; private
schools with organized classes; radio repair; television
repair; upholstering; beauty salons .
Provisional Adoption 08/19/91 166
G. Home Occupation Procedures
1 . Notice of Intent to Operate a Home Occupation
Any individual applying for a business license with the
intent of operating said business from his/her home,
shall acknowledge by signature his/her understanding of
the requirements and conditions of Chapter 18 .50 of
this Ordinance.
2 . Appeal to Board of Adjustment
Any person may appeal the Planning Director' s action to
the Board of Adjustment within fifteen ( 15 ) days as per
Chapter 18 . 56 "Variance and Administrative
Interpretation Appeals Procedures" of this Ordinance.
18 . 50 . 160 NON-CONFORMING USES AND STRUCTURES
A. Any structure or use lawfully existing upon the effective
date of this Ordinance may be continued at the size and in
the manner of operation existing upon such date except as
hereinafter specified, or in the case of Signage as
specified in Section 18 . 65 of this Ordinance.
B. The right to operate and maintain a non-conforming use shall
terminate when the structure or structures housing such use
are removed, razed, or damaged to an extent of 50 percent of
the structure' s fair market value as determined by the last
equalized assessment role of the County of Gallatin.
C. When any lawful non-conforming use of any structure or land
in any district has been changed to a conforming use, it
shall not thereafter be changed to any non-conforming use.
D. Whenever a lawful non-conforming use of a building or
structure or land is discontinued for a period of 90 days,
any future use of said building or structure or land shall
be in conformity with the provisions of this Ordinance.
E . Normal maintenance of a building or other structure
containing or related to a lawful non-conforming use is
permitted, including necessary structural repairs provided
such structural repairs do not enlarge or intensify the non-
conforming use.
F. A lawful non-conforming use shall not be changed except in
conformance with the use requirements of the zone in which
it is located. Except, however, a lawful non-conforming use
may be changed to another non-conforming use, provided that
a conditional use permit is obtained from the City
Commission.
Provisional Adoption 08/19/91 167
To approve the conditional use permit, the City Commission
shall determine that the proposed non-conforming use is
more appropriate to the district than the existing non-
conforming use, and that no unsafe or unhealthy conditions
are perpetuated. In making such a determination, the
Commission shall weigh the following criteria: 1 ) traffic
impacts, both on and off site; 2 ) off-street parking and
loading requirements; 3 ) the visual impact on the
surrounding area; 4) the degree of compliance with the
adopted Master Plan and Zoning Ordinance; 5 ) the level of
conflict with other uses in the surrounding area; 6 ) the
presence of other non-conformities in the area; 7 ) the
degree to which any existing unsafe or hazardous conditions
would be mitigated; 8) the viability of the subject
structure( s ) ; and 9 ) on and off-site impacts from noise,
dust, smoke, surface or groundwater contamination, or other
environmentsal impacts .
G. The maintenance and reconstruction of existing non-
conforming residential dwelling units is allowed, in
compliance with applicable fire and building codes,
including expansion of up to 20 percent of the existing
dwelling unit, as long as the number of dwelling units on
the lot is not increased.
H. Use of Existing Lots
1 . At the time of the enactment of this Ordinance, if any
owner of a plot of land consisting of one or more
adjacent lots in a subdivision of record does not own
sufficient land within the lot of record to enable
him/her to conform to the minimum lot size requirements
or does not have sufficient lot width to conform to the
minimum lot width requirements, such plot of land may
nevertheless be used as a building site. The lot
dimension requirements of the district in which the
piece of land is located may be reduced by the smallest
amount that will permit a structure of acceptable size
to be built upon the lot, such reduction to be
determined by the Board of Adjustment .
a. In the A-S, R-S, R-1, R-2 , R-2a, and R-3a
districts, the reductions shall permit only a
single family residence.
b. In the R-3 , R-4, and R-0 districts , the reduction
shall permit only a duplex.
c . Townhouse cluster or apartment containing no more
than four units .
Provisional Adoption 08/19/91 168
2 . No lot, even though it may consist of one or more
adjacent lots in the same ownership at the time of
passage of this Ordinance, shall be reduced in size so
that lot width or size of yards or lot area per family
or any other requirement of this Ordinance is not
maintained. This Section shall not apply when a portion
of a lot is acquired for a public purpose.
3 . Adjacent parcels which do not conform to minimum lot
requirements and which are in common ownership shall be
considered individual lots of record for the purposes
of this code only if they are each greater than one ( 1 )
acre in size and were created prior to the passage of
this ordinance.
18 .50 . 170 (RESERVED)
18 . 50 . 180 MOBILE HOMES ON INDIVIDUAL LOTS
A. Intent
It is the intent of this section to allow mobile homes, as
defined herein, in specified zoning districts in which
similar one-family dwellings constructed on the site are
permitted subject to requirements and procedures set forth
herein to assure acceptable similarity in exterior
appearances between such mobile homes and dwellings that
have been or might be constructed under these and other
regulations on adjacent lots in the same district or area.
It is the intent of this section to permit only those mobile
homes certified as meeting the Mobile Home Construction and
Safety Standards of the U. S . Department of Housing and Urban
Development.
B. Application, Material to be Supplied
One copy of the application for the proposed mobile home on
the individual building lot shall be submitted to the
building division in conjunction with the application for a
building permit for the building foundation. The
application shall include all information as deemed
necessary by the Zoning Administrator to make determinations
as to conformity with Section 18 . 50 . 180 (C) , Standards for
Determination of Acceptable Similarity in Exterior
Appearance, and it shall include a minimum of color
photographs of all sides of the mobile home, of the nearest
existing residences or other grounds or buildings on each
side of the proposed site, and of existing residences or
grounds fronting upon the same street as the proposed site
and opposite thereto, and also including those within 150
feet of each corner of the proposed site. As a minimum
requirement, it shall also include description of siding and
Provisional Adoption 08/19/91 169
roofing material in sufficient detail as to make possible
determination as to its appearance and durability.
C. Standards for Determination of Acceptable Similarity in
Exterior Appearance and Construction.
The following standards shall be used in determinations of
acceptable similarity in appearance and construction between
mobile homes with permanent foundation and residences
constructed on the site to assure that such mobile homes
will be compatible in appearance with site-built housing
that has been or may be constructed in adjacent or nearby
locations .
1 . No mobile homes shall have fenestration or other
features, or use colors or color combinations that will
be incompatible in the residential neighborhood.
2 . The roof shall have sloping lines with eaves, such as
gable, mansard, and shed style roofs or shall be
compatible with conventionally built homes in the
surrounding areas . The pitch of the main roof shall
not be less than one foot of rise for each four feet of
horizontal run . Minimum distance from eaves to ridge
shall be ten feet .
3 . The roofing material shall be shake, tile, composition
shingle, or other materials commonly found on
conventionally built homes in the surrounding areas .
4 . The exterior covering material shall be similar or
closely compatible to that found on conventionally
built residential structures in the surrounding area.
Reflection from such exterior shall not be greater than
from siding coated with clean, white, gloss, exterior
enamel.
5 . The exterior covering material shall extend to the
ground. If a solid concrete or masonry perimeter
foundation is used, the exterior covering material
shall extend below the top of the foundation.
6 . The exterior covering and roofing materials of the
garage( s ) , carport(s) and accessory buildings shall be
compatible with the materials on the mobile home.
7 . The finished floor shall be a maximum of twenty-four
inches above the exterior finished grade of the lot, or
similar to the conventionally built homes in the
surrounding area.
Provisional Adoption 08/19/91 170
8 . The mobile home shall be so located on the lot that the
portion nearest the principal street frontage is at
least thirty-four feet in total length when measured as
a line parallel to the street. Such dimension shall be
measured from outer extremities , including eaves, and
shall include any additions to the main body of the
mobile home, such as living or recreation rooms,
garages, carports , utility rooms, and the like, the
front portions of which are within 10 feet of the front
of the main body of the mobile homes .
9 . Mobile homes on permanent foundations shall meet all
the property development standards for the zone in
which they shall be located. These standards include,
but are not limited to: lot area and dimension; area
per dwelling unit; front, rear, and side yard setbacks;
building height, lot coverage, location of accessory
buildings; and off-street parking.
10 . Mobile homes shall be approved for location on
individual building lots only if they have been
certified as meeting the Mobile Home Construction and
Safety Standards of the U. S . Department of Housing and
Urban Development.
C. Actions by Plannina Director
Upon receipt of an application as required by Section
18 .50 . 180 .B, the Planning Director shall make a decision to
approve or disapprove of the application within fifteen
days, or he may make referral to the Planning Board.
Referrals to the Planning Board shall be placed on the
agenda for its regular meeting. Within five days after
receipt of recommendations the Planning Board, the Planning
Director shall make a determination as to conformity with
Section 18 . 50 . 180 .C, Standards for Determination of
Acceptable Similarity in Exterior Appearance, notifying the
applicants of approval or disapproval. In the case of
disapproval, the reasons therefore shall be stated in
writing.
Provisional Adoption 08/19/91 171
CHAPTER 18 .51
DESIGN REVIEW BOARD (DRB) AND DEVELOPMENT REVIEW COMMITTEE (DRC)
18 . 51 . 010 PURPOSE OF DESIGN REVIEW BOARD AND DEVELOPMENT REVIEW
COMMITTEE
A. Purpose
The Design Review Board and the Development Review Committee
are established to coordinate, expedite and assure fair,
equitable implementation of this ordinance. The objective,
to be implemented through their procedures and deliberations ,
shall be to encourage development quality that will enhance
both the natural and built environments .
B. Development Review Committee Procedures Established
To implement this purpose, certain procedures shall be adopted
to include, but not be limited to, a regularly scheduled
weekly or bi-weekly meeting attended by representatives of
each of the City or County departments charged with
development review, each representative of which shall have
decision making capability and authority (veto power) . Tape
recorded and written meeting reviews setting forth decisions,
commitments, and directives shall be made. These records
shall be preserved as part of the official proceedings for
each development proposal . Lastly, the DRC shall prepare and
adopt procedural rules that will assure the accomplishment of
the stated purpose and promote the efficiency and
effectiveness of the developmental review process .
1 . The Committee shall at a minimum be composed of the
following personnel : Director of Public Service or
designee, Fire Marshall or designee, the Superintendent
of Streets/Garbage or designee, the Superintendent of
Water/Sewer or designee, the City-County Planning
Director or designee, and the Building Official or
designee. When necessary, other members of the
Committee may include: the Police Chief or designee, the
Superintendent of Parks/Cemetery or designee, the
Recreation Superintendent or designee, the City Manager
or designee, with other individuals to be included as
necessary at the City-County Planning Director' s request.
When applicable, County personnel may be included on the
Committee, including the County Subdivision Review
Officer or designee, the County Sanitarian or designee,
the County Road Superintendent or designee, with other
individuals to be included as necessary at the County
Commission' s request .
Provisional Adoption 08/19/91 172
C. Desian Review Board Procedures Established
To implement this purpose, certain procedures shall be adopted
to include, but not be limited to, a regularly scheduled
weekly or bi-weekly meeting attended by members of the Board.
Tape recorded and written meeting reviews setting forth
decisions , commitments, and directives shall be made. These
records shall be preserved as part of the official proceedings
for each developmental proposal . Lastly, the DRB shall
prepare and adopt procedural rules that will assure the
accomplishment of the stated purpose and promote the
efficiency and effectiveness of the design review process .
1 . The Board shall consist of six ( 6 ) professional and one
( 1) non-professional members as follows : Professional
members degreed in their respective disciplines or the
substantial equivalent thereof -- four architects, one
architectural historian, and one landscape architect or
landscape designer; Non-professional members -- an
individual with a demonstrated interest in and knowledge
of urban design and/or historic preservation. No member
of the Design Review Board shall serve concurrently as
a member of the Bozeman City-County Planning Board. The
presence of three ( 3 ) professional members at a Design
Review Board meeting shall constitute a quorum. "
18 .51 . 020 GENERAL PROCEDURES , NOTICE AND TIMING
A. Informal Advice and Direction
A person or organization considering any construction,
building or site alteration, rezoning or other development
activity may approach the DRC and/or DRB for informal advice
and direction. Such discussion shall be treated as advisory
by both parties and shall record only the fact that contact
had been made. No application or appointment is required and
no further action is necessary.
B. Formal Application
An application for DRC and/or DRB consideration of a
development proposal must be submitted utilizing a form
available from the Planning Director. Material to be
submitted with the application shall include the elements set
forth within the requirements for the type of proposal to be
considered, i. e. , Sketch Plan, Site Plan, Conditional Use
Permit, Certificate of Appropriateness , Planned Unit
Development, etc . as outlined in Chapter 18 . 52 . It is
recommended that the applicant discuss the application
informally with the DRC, DRB, or Planning Director prior to
formal submission to help expedite the process . Depending
upon the size of the proposed project, its location and type,
Provisional Adoption 08/19/91 173
the applicant may be directed to one or more agencies of the
City for processing.
C. Public Notice
When the applicant' s proposal is fully and properly prepared
and accepted for consideration, the Planning Director will
cause the following actions to occur at least 10 days prior
to the next available regularly scheduled meeting of the DRC
and/or DRB:
1 . Property owners within two hundred (200 ) feet of the
subject property shall be sent a written notice
indicating the location and general intent of the
proposal and scheduled public meetings and appeal process
and hearing( s ) ; specifying the date, number, time and
place for said hearings . It shall specify the name and
address of the applicant, the name and address of the
owner of record of the property, a legal description of
the property affected, the street address or its location
by approximate distances from the nearest major street
or road intersections so the property can be readily
identified, and a brief statement of the nature of the
hearings . Notice may also be provided to property owners
in any additional area that may be substantially impacted
by the proposal as determined by the Planning Director.
2 . One or more notices containing the same information as
stated in 1 . above shall be placed in conspicuous
locations on the subject property.
3 . The applicant' s proposal, along with plans and related
information shall be made available at the Planning
Office for public review.
4 . When required by ordinance or statute, certain projects
may require advertisement in a newspaper of general
circulation.
D. Public Comment
The period for public comment shall be ten ( 10) days .
Comments, if any, shall be in writing and shall be directed
to the Planning Director and shall be available for inspection
by the general public. The applicant may respond to the
comments as he/she may feel appropriate.
Provisional Adoption 08/19/91 174
E. DRC and/or DRB Action
By day 14 from the date of the regularly scheduled DRC and/or
DRB meeting at which the applicants ' proposal was initially
reviewed, the DRC and/or DRB shall take action to approve,
approve with conditions , or deny the applicant ' s proposal .
F . Plan Appeals Procedure
The applicant or certain other parties may appeal a decision
of the DRC and/or DRB . The criteria for appeals is set forth
in Chapter 18 . 58, Plan Appeals Procedure.
Provisional Adoption 08/19/91 175
CHAPTER 18 . 52
PLAN REVIEW AND APPROVAL
18 . 52 . 010 INTRODUCTION
All development proposals within the zoning jurisdictional area of
the City of Bozeman will be subject to Plan Review and Approval .
Depending on the complexity of development, either Sketch Plans or
Site Plans will be required as specified in this Chapter.
Special Development Proposals ( i . e. PUDs , CUPs, Variances , mobile
homes located on individual lots, etc . ) require other information
to be submitted in conjunction with Sketch Plans or Site Plans and
are subject to requirements specific to the type of proposal .
These additional submittal requirements and review procedures are
outlined in Section 18 . 52 . 040 .
When a development is proposed within a Neighborhood Conservation
or Entryway Corridor Overlay District, or proposes signs which do
not specifically conform to zoning requirements , Design Review is
required in conjunction with either Sketch Plan or Site Plan
Review. In such cases, additional submittal requirements and
review procedures apply as outlined in section 18 . 52 . 050 .
Minor site surface preparation and normal maintenance shall be
allowed prior to submittal and approval of Sketch or Site Plans,
providing that such activity does not include excavation for
foundations or the removal of mature, healthy vegetation.
18 . 52 . 020 SKETCH PLAN REVIEW
A. Sketch Plan Submittal Reauirements
Certain independent development proposals (i . e. not in
conjunction with other development) are required to submit
only Sketch Plans, drawn to scale and in sufficient detail to
demonstrate compliance with all zoning requirements . Sketch
Plans shall be oriented with north at the top of the page and
shall also show site boundaries, street and alley frontages
with names, and location of all structures with distances to
the nearest foot between buildings and from buildings to
property lines .
Separate construction plans are necessary for building permits
when the proposal requires such permits . Additional
information is also necessary when the proposal requires the
issuance of a Certificate of Appropriateness (see Section
18 . 52 . 050 ) .
Examples of independent projects which qualify for Sketch Plan
Review are: individual single family and two-family
Provisional Adoption 08/19/91 176
residential units, each on individual lots; mobile homes on
individual lots; fences; signs in compliance with zoning
requirements; special temporary uses; home occupations; and
accessory structures associated with these uses . Other
similar projects may be determined by the Planning Director
to require only Sketch Plan Review. The Planning Director
shall determine all submittal requirements .
B. Sketch Plan Review Procedures
1 . No Certificate of Appropriateness Required
Sketch Plans for projects which do not require a
Certificate of Appropriateness shall be submitted to the
Planning Staff for a determination of compliance with
zoning requirements . Once compliance is achieved, the
application will be approved for construction or referred
to the appropriate permitting authorities .
2 . Certificate of Appropriateness Required
Sketch Plans and such additional information as may be
required for project which require a Certificate of
Appropriateness as per Section 18 . 52 . 050 shall be
submitted to the Planning Staff and forwarded to the
Design Review Board. The Planning Staff shall review
the proposal for zoning compliance and report the
findings to the Design Review Board. The Design Review
Board shall then review the proposal subject to the
provisions of Section 18 .52 . 050 .
C. Sketch Plan Review Criteria
Sketch Plans shall be reviewed for compliance with all
applicable zoning requirements including overlay district
requirements .
18 . 52 . 030 SITE PLAN REVIEW
A. Classification of Site Plans
For purposes of this Ordinance, Site Plans will be classified
as Major or Minor Site Plans . All developments within the
zoning jurisdiction of the City of Bozeman, except individual
single family and two-family residential units, each on
individual lots, and other development proposals requiring
only Sketch Plan Review, shall be subject to this Section.
A Major Site Plan involves one or more of the following:
* Twelve ( 12 ) or more dwelling units in a multiple family
structure or structures .
Provisional Adoption 08/19/91 177
* 15 , 000 or more square feet of
- office space
- retail commercial space
- service commercial space
- industrial space
* More than one building on one site for
- permitted office uses
- permitted retail commercial uses
- permitted service commercial uses
- permitted industrial uses
- permitted combinations of uses
* 20 , 000 or more square feet of exterior storage of
materials or goods .
* Parking for more than forty ( 40) vehicles .
Any other Site Plan, except those that are part of a Planned
Unit Development or Conditional Use Permit, will be considered
a Minor Site Plan.
Any Conditional Use Permit application shall be reviewed
according to the regulations in Chapter 18 . 53 of this
Ordinance.
Any Planned Unit Development shall be reviewed according to
the regulations in Chapter 18. 54 of this Ordinance.
B. Review Authority
The Planning Board has the right to review and require
revisions to any proposed Site Plans, Major or Minor. The
purpose of this review is to prevent demonstrable adverse
impacts of the development upon public safety, health, or
welfare; to protect public investments in roads, drainage
facilities, sewage facilities, and other facilities; to
conserve the value of adjoining buildings and/or property;
and to ensure that the applicable regulations of the City of
Bozeman are upheld.
However, the Planning Board hereby authorizes the Development
Review Committee and/or the Design Review Board to review and
approve Minor Site Plans, subject to the appeal provisions
outlined in Chapter 18 . 58 .
C. Application of Site Plan Review Procedures
1 . These procedures shall apply to all developments within
the zoning jurisdiction of the City of Bozeman except
for individual single family and two family residential
Provisional Adoption 08/19/91 178
units, each on individual lots, or to other development
proposals requiring only Sketch Plan review.
2 . The Site Plan shall be submitted and approved prior to
the issuance of any building permit .
3 . No Occupancy Permits shall be issued for any development
for which Site Plan Review is required until
certification has been provided demonstrating that all
terms and conditions of Site Plan Approval have been
complied with.
D. Site Plan Submittal Requirements
1 . Applications for all Site Plan Approvals shall be
submitted to the Planning Office on forms provided by
the Planning Director. The Site Plan application shall
be accompanied by the appropriate fee and development
plans showing sufficient information for the City
Commission, Planning Board, Design Review Board, or
Development Review Committee to determine whether the
proposed development will meet the development
requirements of the City. Unless otherwise specified,
twenty (20 ) copies of the application and required
supplemental information shall be submitted.
a. General Information
( 1 ) name of project/development;
( 2 ) location of project/development by street
address and legal description;
( 3 ) location map, including area within one-half
mile of site; -
(4) name and mailing address of developer and
owner;
(5 ) name and mailing address of engineer/architect,
landscape architect and/or planner;
( 6 ) date of plan preparation and changes;
( 7 ) north point indicator;
( 8 ) suggested scale of 1" to 20' , but not less than
1" to 100 ' ;
( 9 ) list of names and addresses of property owners
within two hundred ( 200 ) feet of site, using
last declared County real estate tax records;
Provisional Adoption 08/19/91 179
( 10 ) stamped, unsealed envelopes addressed with
names of above property owners;
( 11) zoning classification within two hundred (200 )
feet;
( 12 ) Listing of specific land uses being proposed;
and
( 13 ) complete, signed application.
b. Site Plan Information
The following information is required whenever the
requested information pertains to: 1 ) zoning or
other regulatory requirements; 2 ) existing
conditions on-site; or 3 ) conditions on-site which
would result from the proposed development .
( 1 ) boundary line of property with dimensions;
(2) location, identification and dimension of the
following existing and proposed data, on site
and to a distance of 100 feet outside Site Plan
boundary unless otherwise stated:
(a) topographic contours at a minimum interval
of two feet, or as determined by the
Planning Director
(b) adjacent streets and street rights-of-way
to a distance of 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
( f) traffic flow off-site
(g) utilities and utility rights-of-way or
easements :
( i ) electric
( ii) natural gas
( iii)telephone, cable TV
Provisional Adoption 08/19/91 180
( iv) water
(v) sewer ( sanitary, treated effluent
and storm)
(h) Parcel size(s ) in gross acres and square
feet .
( i) buildings and structures
( j ) Estimated total floor area and estimated
ratio of floor area to lot size (Floor
Area Ratio, FAR) , with a breakdown by land
use.
(k) Proposed coverage of buildings and
structures for parcel ( s ) and total site,
including the following:
( i) Percentage and square footage of
building coverage.
(ii) Percentage and square footage of
driveway and parking.
( iii)Percentage and square footage of
open space and/or landscaped area .
( 1 ) surface water holding ponds , streams and
irrigation ditches, watercourses, water
bodies, and wetlands .
(m) Floodplains as designated on the Federal
Insurance Rate Maps .
(n) grading and drainage plan, including
provisions for on-site retention/detention
and water quality improvement facilities
as required by the City engineering
department, or in compliance with any
adopted storm drainage ordinance.
(0) significant rock outcroppings, slopes of
greater than 15%, or other significant
topographic features
(p) detailed plan of all parking facilities :
including circulation aisles, access
drives , bicycle racks, compact spaces,
handicapped spaces and motorcycle parking.
Provisional Adoption 08/19/91 181
(q) sidewalks, walkways, driveways, loading
areas and docks, bikeways
(r) provision for handicapped accessibility,
including but not limited to wheel chair
ramps , parking spaces , hand rails, and
curb cuts
( s ) fences and walls
(t) exterior signs
(u) exterior refuse collection areas
(v) exterior lighting
(w) landscaping (detailed plan showing
plantings , equipment, and other
appropriate information as required in
Section 18 . 50 . 100 )
( i ) botanical and common names of
vegetation to be used
( ii) size of plantings at time of planting
and at maturity
( iii)areas to be irrigated
(x) Unique natural features, significant
wildlife areas, and vegetative cover,
including existing trees and shrubs having
a diameter greater than two and one-half
( 2 1/2 ) inches, by species .
(y) snow storage areas
( z ) Location of municipal and extra-
territorial boundaries within or near the
development.
( zz) Existing zoning.
( 3 ) number of employee and non-employee parking
spaces, existing and proposed, and total square
footage of each.
(4) site statistics including site square footage,
non-residential building square footage,
percent of site coverage (building and
parking) , net dwelling unit density, percent
park or open space.
Provisional Adoption 08/19/91 182
(5 ) total number, type, and density per type of
dwelling units , and total gross residential
density and density per residential parcel .
( 6 ) a reproducible copy of the Site Plan with
appropriate signatures shall be submitted upon
approval .
c . Building Design Information (On-Site)
( 1 ) building elevations of all exterior walls of
the building( s ) or structure( s) .
(2 ) materials and color schemes to be used. (The
effect of color in creating a design character
that is appropriate for and compatible with the
area will be considered. )
( 3 ) 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.
E. Site Plan Review Procedures
1 . Minor Site Plan
Minor Site Plans shall be processed for review in the
manner prescribed in Chapter 18 . 51, Design Review Board
and Development Review Committee, and Chapter 18 . 58,
Appeals should an appeal be taken.
2 . Major Site Plan
Major Site Plans shall be initially processed through
the DRC and/or the DRB in the manner of a Minor Site
Plan; However, the DRC and/or DRB' s action( s ) shall not
be final but rather, advisory to the Planning Board.
Public Notice, appeals and all procedures shall be
conducted per the provisions of Chapters 18 . 51 and 18 . 58 .
F. Site Plan Review Criteria
In considering applications for Site Plan Approval under this
Ordinance, the Development Review Committee, and when
appropriate, the Design Review Board, the Planning Board, and
the City Commission shall consider the following:
1 . relationship of Site Plan elements to conditions both on
and off the property;
2 . conformance to the City' s Zoning Ordinance;
Provisional Adoption 08/19/91 183
3 . conformance to the City's Master Plan;
4 . all other applicable laws, ordinances and regulations;
5 . the impact of the proposal on the existing and
anticipated traffic and parking conditions;
6 . the consistency of the proposal with respect to land use
requirements;
7 . pedestrian and vehicular ingress and egress;
8 . building location and height;
9 . landscaping;
10 . lighting;
11 . provisions for utilities;
12 . site surface drainage;
13 . open space;
14 . loading and unloading areas;
15 . grading;
16 . signage;
17 . screening;
18 . setbacks;
19 . overlay district provisions;
20 . other related matters, including expressed public
opinion.
If the Development Review Committee and, if appropriate, the
Design Review Board, the Planning Board, or the City
Commission shall determine that the proposed Site Plan will
not be detrimental to the health, safety, or welfare of the
community, is in compliance with the requirements of this
Ordinance and is in harmony with the purposes and intent of
this Zoning Ordinance and the Bozeman Area Master Plan,
approval shall be granted, and such conditions and safeguards
may be imposed as deemed necessary.
Site Plan Approval may be denied upon determination that the
conditions required for approval do not exist.
Provisional Adoption 08/19/91 184
18 . 52 . 040 SPECIAL DEVELOPMENT PROPOSALS: ADDITIONAL APPLICATION
REQUIREMENTS, REVIEW PROCEDURES , AND REVIEW CRITERIA
A. Application Recuirements
Applications for Special Development Proposals (PUD, CUP,
Flood Plain Development Permits, Variances ) shall include:
1 . the required information for Major and Minor Site Plans
described in Section 18 . 52 . 030
2 . any additional application information required for
specific reviews as listed in the following Chapters :
a. 18 . 44 Flood Hazard District
b. 18 .53 Conditional Use Permits
c . 18 . 54 Planned Unit Developments
d. 18 . 56 Variances and Administrative Interpretation
Appeals
B. Review Procedures and Review Criteria
Additional review procedures and review criteria for specific
development proposals are defined in the following Chapters:
a. 8 . 44 Flood Hazard District
b. 18 . 53 Conditional Use Permits
c . 18 . 54 Planned Unit Developments
d. 18 . 56 Variances and Administrative Interpretation
Appeals
18 . 52 . 050 CERTIFICATES OF APPROPRIATENESS : ADDITIONAL
APPLICATION REQUIREMENTS , REVIEW PROCEDURES,
AND REVIEW CRITERIA
A. Submittal ReQuirements for Certificates of Appropriateness
All development proposals requiring Certificates of
Appropriateness ( i. e. located in a Neighborhood Conservation
or Entryway Corridor Overlay District) shall submit the
following information in addition to any Sketch Plan, Site
Plan, or Special Development submittal requirements for the
proposal .
1 . Neighborhood Conservation Overlay District
Provisional Adoption 08/19/91 185
Certain information shall be provided to the Design
Review Board to review prior to granting or denying a
Certificate of Appropriateness . All materials to be
submitted shall be prepared on 8 1/2 " x 11 " paper and
packaged or bound to fit a standard, letter size file.
Applications that involve more voluminous architectural
plans and specifications shall be accompanied by
simplified sketches, details and supporting
documentation, on letter size paper, which synthesize
the detailed design documents . The extent of
documentation to be submitted on any project shall be
dictated by the scope of the planned alteration and the
information reasonably necessary for the Design Review
Board to make its determination. At a minimum, the
following items shall be included in the submission:
a. Completed application on form provided by the City-
County Planning Office.
b. One current picture of each elevation of each
structure planned to be altered and such additional
pictures of the specific elements of the structure
or property to be altered that will clearly express
the nature and extent of change planned. Except
when otherwise recommended, no more than eight (8 )
pictures should be submitted and all pictures shall
be mounted on letter size sheets and clearly
annotated with the property address, elevation
direction (N, S,E,W) and relevant information.
c . Sketch Plan or Site Plan, as per Section 18 . 52 . 020
or 18 . 52 . 030 of this Ordinance.
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. Plans, sketches, pictures, specifications and other
data that will clearly express the applicant' s
proposed alterations .
f . A schedule of planned actions that will lead to the
completed alterations .
g. Such other information as may be suggested by the
City-County Planning Office.
h. It is further suggested that the applicant seek
comments from the neighborhood or area.
2 . Entryway Overlay District
Provisional Adoption 08/19/91 186
Depending on the complexity of development, either Sketch
Plans or Site Plans will be required as specified in this
Chapter.
If the proposal includes an application for a "deviation"
as outlined in section 18 . 43 . 080 , the application for
deviation shall be accompanied by written and graphic
material sufficient to illustrate the conditions that the
modified standards will produce, so as to enable the City
Commission to make the determination that the deviation
will produce an environment, landscape quality and
character superior to that produced by the existing
standards, and will be consistent with the intent and
purpose of Chapter 18 . 43 .
3 . Sign Proposals Which Do Not Specifically Conform to
Zoning Requirements
Independent sign proposals ( i . e. not in conjunction with
other development) which do not specifically conform to
zoning requirements, are required to submit full Site
Plans . Additional site design information in sufficient
detail to demonstrate compliance with the Design
Objective Plan encompassing the property' s location shall
be provided. If no Design Objective Plan has been
prepared for the location, additional site design
information, if necessary, shall be determined by the
Design Review Board through the design review process .
B. Review Procedures and Criteria for Certificates of.
Appropriateness
1 . Certificates of Appropriateness shall only be issued
according to procedures and criteria specified in
Chapters 18 . 42 (Neighborhood Conservation District) ,
18 . 43 (Entryway Corridor District) , and 18 . 65 ( Sign
Code) , and Chapter 18 . 51 which describes the general
procedures, notice requirements and timing for all
proposals requiring Development Review Committee and/or
Design Review Board review.
2 . Sign proposals which do not specifically conform to
zoning requirements shall be reviewed according to
procedures and criteria outlined in Chapter 18 . 65 .
Provisional Adoption 08/19/91 187
18 . 52 . 060 BUILDING PERMITS BASED UPON APPROVED SKETCH OR SITE
PLANS
Based upon the approved Sketch or Site Plan (hereinafter referred
to as "Plan" ) , and after any appeals have been resolved, a building
permit for the site may be requested and may be granted pursuant
to Chapter 18 . 62 of this Ordinance, provided such building permit
is granted within one year of Plan Approval . Prior to lapse of one
year, the applicant may seek an extension of one additional year
from the Granting Body (DRC, DRB, PB, or City Commission) upon
showing reasonable cause for the delay.
18 . 52 . 070 AMENDMENTS TO SKETCH AND SITE PLANS
A. Intent
It is the intent of this section to assure that issues of
community concern are addressed during the redevelopment, re-
use or change in use of existing facilities in the community.
Specific areas of community concern include public safety,
mitigation of off-site environmental impacts, and site
character in relation to surroundings . The following
procedures for amendments to approved Plans, re-use of
existing facilities , and further development of sites assure
that these concerns are adequately and expediently addressed.
B . Amendments of Plans Approved Under this Ordinance
Any amendment or modification of a Plan approved under this
ordinance (initially adopted February 12 , 1990 ) shall be
submitted to the Planning Director for review and possible
approval . Proposals for further development, re-use, or
change in use of sites developed pursuant to this ordinance
shall also be reviewed as an amendment to an approved Plan .
All amendments shall be shown on a revised Plan drawing.
Amendments to approved Plans shall be reviewed and may be
approved by the Planning Director upon finding that the
amended Plan is in substantial compliance with the originally
approved Plan. If it is determined that the amended Plan is
not in substantial compliance with the originally approved
Plan, the application shall be resubmitted as a new
application and shall be subject to all Plan review and
approval provisions of this Chapter.
C. Re-use, Chance in Use, or Further Development of Sites
Developed Prior to the Adoption of this Ordinance
Sites legally developed prior to the adoption of this
ordinance shall be considered to have developed under an
approved Plan. Proposals for re-use, change in use, or the
further development of sites legally developed prior to the
adoption of this ordinance may be approved by the Planning
Provisional Adoption 08/19/91 188
Director upon finding that no significant alteration of the
previous use and site are proposed, and upon review by the
Public Service Director to assure that adequate access and
site surface drainage are provided. All such proposals shall
be shown on a Plan drawing as required by the Planning
Director.
The criteria for determining that no significant alteration
of the previous use and site will result from the proposed
re-use, change in use, or further development of a site shall
include but not be limited to the following:
1 . The proposed use is allowed under the same Zoning
District Use Classification as the previous use; however,
replacement of non-conforming uses must comply with the
provisions of Section 18 . 50 . 160 F.
2 . There is no change proposed for the site or exterior of
the building. Sign changes alone shall not necessarily
be considered significant alteration unless so determined
by the Planning Director.
3 . There is no change in intensity of use as measured by
parking requirements, traffic generation, or other
measurable off-site impacts .
4 . The proposed use does not continue any unsafe or
hazardous conditions previously existing on the site or
associated with the proposed use of the property.
If it is determined that the proposed re-use, change in use,
or further development of a site contains significant
alterations to the previous use and/or site, the application
shall be resubmitted as a new application and shall be subject
to all Plan review and approval provisions of this Chapter.
When proposals for re-use, change in use, or further
development of a site are located in Entryway Corridor or
Neighborhood Conservation Overlay Districts, review by the
Design Review Board may be required to determine whether
resubmittal as a new application is necessary.
18 . 52 . 080 APPEALS
Appeals of decisions rendered in conjunction with any Plan Review
may be taken as set forth in Chapter 18 . 58, Plan Appeals Procedure.
Provisional Adoption 08/19/91 189
CHAPTER 18 . 53
CONDITIONAL USE PROCEDURE
18 . 53 . 010 GENERALLY
Certain uses, while generally not suitable in a particular Zoning
District, may, under certain circumstances, be acceptable. When
such circumstances exist, a Conditional Use Permit may be granted.
Conditions may be applied to the issuance of the permit and
periodic review may be required. The permit shall be granted for
a particular use and not for a particular person or firm. No
Conditional Use Permit shall be granted for a use which is not
specifically designated as a conditional use in this Ordinance.
18 . 53 . 020 APPLICATION FOR CONDITIONAL USE PERMIT - NOTICE
REOUIREMENTS
The person applying for a Conditional Use Permit shall fill out
and submit to the Planning Director the appropriate form, with the
required fee . The request for a Conditional Use Permit shall
follow the procedures and application requirements of Chapter
18 .51, DESIGN REVIEW BOARD AND DEVELOPMENT REVIEW COMMITTEE, and
Chapter 18 . 52 , Site Plan Approval, of this Ordinance.
In addition to the notice requirements described in Chapter 18 . 51,
notice of the Planning Board hearing and City Commission approval
or rehearing of Conditional Use Permit applications shall be
published at least once in the Bozeman Chronicle, the official
newspaper of the City of Bozeman, not more than forty-five days nor
less than fifteen days prior to the scheduled public hearings and
approvals, specifying the date, number, time and place for said
hearings and approvals . It shall specify the name and address of
the applicant, the name and address of the owner of record of the
property, a legal description of the property affected, the street
address or its location by approximate distances from the nearest
major street or road intersections so the property can be readily
identified, and a brief statement of the nature of the hearings and
approvals . The notice shall provide a map of the area in question
so as to indicate its general location and proximity to surrounding
properties .
If a rezoning is required prior to approval of a Conditional Use
Permit the application for rezoning and the Conditional Use Permit
may be filed and acted upon simultaneously, however the Board' s
recommendation on the Conditional Use Permit shall not be effective
until zoning has been approved by the City Commission.
Provisional Adoption 08/19/91 190
18 . 53 . 030 CITY COMMISSION CONSIDERATION AND FINDINGS
The City Commission, in approving a Conditional Use Permit, shall
find as follows :
A. That the site for the proposed use is adequate in size and
topography to accommodate said use, and all yards, spaces,
walls and fences, parking, loading and landscaping are
adequate to properly relate such use with the land and uses
in the vicinity.
B. That the site for the proposed use relates to streets and
highways adequate in width and pavement type to carry the
quantity and kind of traffic generated by the proposed use.
C. That the proposed use will have no adverse effect upon the
abutting property.
D. That the proposed use shall be in conformance with the Bozeman
Area Master Plan.
E . That the Conditional Use has complied with all conditions
stipulated in Section 18 . 50 of this Ordinance.
F. That any additional conditions stated in the approval are
deemed necessary to protect the public health, safety and
general welfare. Such conditions may include but are not
limited to:
1 . Regulation of use
2 . Special yards, spaces and buffers
3 . Special fences, solid fences and walls
4 . Surfacing of parking areas
5 . Requiring street, service road or alley dedications and
improvements or appropriate bonds
6 . Regulation of points of vehicular ingress and egress
7 . Regulation of signs
8 . Requiring maintenance of the grounds
9 . Regulation of noise, vibrations, odors
10 . Regulation of hours for certain activities
11 . Time period within which the proposed use shall be
developed
Provisional Adoption 08/19/91 191
12 . Duration of use
13 . Requiring the dedication of access rights
14 . Other such conditions as will make possible the
development of the City in an orderly and efficient
manner
G. The Commission shall, in addition to all other conditions ,
impose the following general conditions upon every Conditional
Use Permit granted:
1 . The right to a use and occupancy permit shall be
contingent upon the fulfillment of all general and
special conditions imposed by the Conditional Use Permit
procedure.
2 . That all of the special conditions shall constitute
restrictions running with the land use and shall be
binding upon the owner of the land, his successors or
assigns .
3 . That all conditions specifically stated under any
Conditional Use listed in this Ordinance shall apply and
be adhered to by the owner of the land, successors or
assigns .
4 . That all of the special conditions shall be consented to
in writing by the applicant.
Applications for Conditional Use Permits may be approved or
denied by motion of the Commission. If an application is
denied, the denial shall constitute a finding that the
applicant has not shown that the conditions required for
approval do exist.
18 .53 . 040 NOTIFICATION OF COMMISSION ACTION
The applicant shall be notified in writing of the action taken by
the Commission within seven days of its action. If the application
has been granted, the Permit shall be issued upon the signature of
the Planning Director, and any conditions, automatic termination
date, or period of review shall be stated on the permit.
18 . 53 . 050 MODIFICATION OR ENLARGEMENT OF STRUCTURES AUTHORIZED
UNDER A CONDITIONAL USE PERMIT
Any proposed additions, enlargements or modifications of the
structures approved in any Conditional Use Permit or any proposed
extension of the use into areas not approved in any such permit,
shall be subject to "Site Plan Approval" Chapter 18 .52 and Chapter
18 . 53 of this Ordinance.
Provisional Adoption 08/19/91 192
CHAPTER 18 . 54
PLANNED UNIT DEVELOPMENT
18 . 54 . 010 TITLE
This Ordinance shall be known, cited and referred to as the City
of Bozeman Planned Unit Development Ordinance.
18 . 54 . 020 INTENT OF PLANNED UNIT DEVELOPMENT
It is the intent of the City of Bozeman, through the use of the
Planned Unit Development (P .U.D) concept, to promote maximum
flexibility and innovation in the development of land and the
design of development projects within the zoning jurisdiction of
the City of Bozeman. Specifically, with regard to the improvement
and protection of the public health safety and welfare, it shall
be the intent of this Ordinance to promote the City' s pursuit of
the following community objectives :
A. To ensure that future growth and development occurring within
the zoning jurisdiction of the City of Bozeman is in accord
with the City' s adopted Master Plan, its specific elements and
its goals, objectives and policies;
B. To encourage innovations in land development and redevelopment
so that greater opportunities for better housing, recreation,
shopping and employment may extend to all citizens of the
Bozeman area;
C. To foster the safe, efficient and economic use of land and
transportation and other public facilities;
D. To ensure adequate provision of public services such as water,
sewer, electricity, open space and public parks;
E. To avoid inappropriate development of lands and to provide
adequate drainage and reduction of flood damage;
F. To encourage patterns of development which decrease automobile
travel and encourage trip consolidation, thereby reducing
traffic congestion and degradation of the existing air
quality;
G. To promote the use of bicycles and walking as effective modes
of transportation;
H. To reduce energy consumption and demand;
I . To minimize adverse environmental impacts of development and
to protect special features of the geography;
Provisional Adoption 08/19/91 193
J. To improve the design, quality and character of new
development;
K. To encourage development of vacant properties within developed
areas;
L. To protect existing neighborhoods from the harmful
encroachment of newer, incompatible developments; and
M. To promote logical development patterns of residential,
commercial, office and industrial uses that will mutually
benefit the developer, the neighborhood, and the community as
a whole.
18 . 54 . 030 APPLICATION AND USES OF A PLANNED UNIT DEVELOPMENT
A. A planned unit development may be applied to any development
having one or more principal uses or structures on a single
parcel of ground or contiguous parcels of ground. Any use or
combination of uses may be allowed in a Planned Unit
Development provided such uses are consistent with the Bozeman
Area Master Plan.
B. All planned unit developments shall consist of a harmonious
arrangement of uses , buildings, parking areas, circulation
and open spaces . All planned unit developments shall be
designed as an integrated unit, in such a manner as to
constitute a safe, efficient and convenient development.
C. Any planned unit development shall be considered as a
conditional use within the zoning district in which it is to
be located.
D. The City Commission retains final approval authority for
Planned Unit Developments .
18 . 54 . 040 SPECIAL CONDITIONS OF A PLANNED UNIT DEVELOPMENT
The following special conditions shall apply to any planned unit
development.
A. Single Ownership
The tract or parcel of land involved shall be either in one
( 1 ) ownership or the subject of an application filed jointly
by the owners of all the property to be included.
B . Title Holdings
The approved final plan shall specify the manner of holding
title to areas and facilities of joint use. Normally such
areas and facilities shall be retained in title by the
Provisional Adoption 08/19/91 194
developers of the development or deeded to an organization
composed of all owners in the development.
C. Residential Planned Unit Developments
The permitted number of residential dwelling units shall be
determined by the provision of and proximity to public
services .
D. Use of General Building and Development Standards
All planned unit developments shall be reviewed against the
General Building and Development Standards established in
Chapter 18 . 50 . However, the General Building and Development
Standards will be used only as a guide. Approval of a planned
unit development shall rest upon a finding by the City
Commission, as proved by the applicant for a planned unit
development, that the intent of the General Building and
Development Standards is achieved.
E . Establishing Additional Standards
In addition to, or in lieu of, the General Building and
Development Standards, the City shall have the right to
establish general design standards , guidelines and policies ,
for the purpose of implementing and interpreting the
provisions of this Chapter.
F. Conformance to Sign Code
All signs proposed in conjunction with a planned unit
development shall be reviewed against the provisions of the
Bozeman Sign Code, Chapter 18 . 65 . All signage must be
approved as part of the PUD and shall be designed as an
integral element of the overall planned unit development.
Approval of signs within a planned unit development shall rest
upon a finding by the City Commission, as proved by the
applicant, that the intent of the Sign Code is achieved.
18 . 54 . 050 PLANNED UNIT DEVELOPMENT REVIEW PROCEDURES AND CRITERIA
Approval of a planned unit development shall consist of three
procedural steps :
o Concept Plan Review - Discussion with the Development Review
Committee and the Design Review Board of the applicant' s
proposal and any requirements, standards or policies that may
apply; this step represents an opportunity to identify any
major problems that may exist and solutions to those problems
before formal application. Planned unit developments
proposing uses not otherwise allowed in the underlying zoning
Provisional Adoption 08/19/91 195
district shall also submit the conceptual proposal to the
Planning Board and City Commission for conceptual review.
o Preliminary Plan Approval - Submittal of sufficient
information to permit review of the land use relationships,
densities, and the type, size, and location of the principal
design elements of the Planned Unit Development by the
Development Review Committee, Design Review Board, Planning
Board and City Commission. A planned unit development that
will be developed in phases must submit either a preliminary
plan for all phases or else submit a preliminary plan for the
initial phase or phases and submit development guidelines for
all subsequent phases .
o Final Plan Approval - The final plan must be in compliance
with the approved preliminary plan and/or development
guidelines except as provided for in 18 . 54 . 050 .C . 2 .a, and
shall be reviewed and approved by DRC and DRB.
A. Concept Plan Review
A concept plan review is mandatory for all planned unit
development proposals .
1 . Review Procedures
This is an opportunity for applicants to discuss
requirements, standards, and policies that apply to
development proposals and to identify major problems, so
that they can be solved before a formal application is
made. Concept plan review meetings will be held by the
Development Review Committee and the Design Review Board
and will provide guidance for Planned Unit Development
applications . The general outline of the Planned Unit
Development proposal, presented as graphic sketch plans,
shall be submitted by the applicant and reviewed by the
Development Review Committee and Design Review Board.
Thereafter, the Planning Director shall furnish the
applicant with written comments regarding such
conference, including appropriate recommendations to
inform and assist the applicant prior to preparing the
components of the Planned Unit Development application.
Planned unit developments proposing uses not otherwise
allowed in the underlying zoning district shall also
submit the proposal to the Planning Board and City
Commission for conceptual review.
Provisional Adoption 08/19/91 196
B. Preliminary Plan Review and Approval
1 . Application Process
Upon completion of Concept Plan Review and receipt of
the Planning Director' s comments on the concept plan, an
application for preliminary plan approval may be filed
with the Planning Director. If the development project
is to be developed in phases and all phases are not fully
detailed in the preliminary plan, development guidelines
shall be required for all phases not fully detailed.
For good cause shown and unique circumstances, or for
proposals containing only one principal use, the Planning
Director may permit the application of a final plan to
be concurrent with the preliminary plan application.
2 . Hearings
The Planning Board and City Commission shall hold public
hearings on the Preliminary Plan . A notice announcing
the dates , times , places and purpose of the hearings
shall be mailed at least fifteen ( 15 ) days before the day
of the first hearing to each owner of property situated
wholly or partly within 200 feet of the property to
which the Planned Unit Development relates . The Planning
Director shall be responsible for placing and mailing
such notices . In lieu of mailing the notices, they may
be delivered personally. For purposes of giving mailed
notice, the Planning Director shall require the applicant
to furnish a list of the names and addresses of all
property owners within 200 feet of the property, with
stamped envelopes addressed to each of the listed
property owners . Such list shall certify that the names
and addresses of the property owners are according to the
last declared County real estate tax records . In
addition, notice of the hearings shall be published in
the Bozeman Chronicle pursuant to Section 18 . 53 . 020 .
3 . Review Criteria
In reviewing applications for Planned Unit Development
approval, the following shall be considered:
a. Interrelationship of the preliminary plan elements
to conditions both on and off the property;
b. Conformance to the Bozeman Area Master Plan;
c . The impact of the plan on the existing and
anticipated traffic and parking conditions;
Provisional Adoption 08/19/91 197
d. The adequacy of the plan with respect to land use;
e . Pedestrian and vehicular ingress and egress ,
including handicapped accessibility
f . Architectural design;
g. Landscaping;
h. Provisions for utilities;
i . Site drainage;
j . Open space, public land dedications , and view
corridor preservation
k. Grading;
1 . Conformance to the Intent of the Planned Unit
Development Chapter ( 18 . 54 . 020 )
m. Conformance with all applicable objectives and
criteria of Section 18 . 54 . 100
n. Other related matters .
4 . Planning Board Recommendations
After conducting public hearing, the Planning Board shall
recommend the approval, conditional approval, or denial
of the preliminary plan to the City Commission and shall
include in such recommendation the findings of the Board
upon which such recommendation was determined. If no
recommendation is made by the Planning Board, a record
of the Planning Board hearing shall be forwarded to the
City Commission.
5 . Preliminary Plan Approval
The City Commission, after review by the Planning Board,
and after conducting a public hearing, may approve,
disapprove, or approve with conditions the proposed
Planned Unit Development. Approval of a preliminary plan
shall not guarantee approval of the final plan; rather
it shall be deemed an expression of approval of the
layout, densities, and proposed impact mitigation
measures submitted on the preliminary plan as a guide to
the preparation of the final plan .
Provisional Adoption 08/19/91 198
C. Final Plan Review and Approval
1 . Application Process
Upon approval or conditional approval of a preliminary
plan by the City Commission, an application for a final
plan approval may be submitted. However, for good cause
shown and unique circumstances, or for proposals
containing only one principal use, the Planning Director
may permit the application of a final plan to be
concurrent with the preliminary plan application.
2 . Review Criteria
a. Compliance with Preliminary Plan
For approval to be granted the final plan shall be
in compliance with the approved preliminary plan.
This shall mean that all conditions imposed by the
City Commission as part of its approval of the
preliminary plan have been met and:
( 1 ) The final plan does not change the general use
or character of the development;
( 2 ) The final plan does not increase the number of
residential dwelling units by more than two
percent ( 2%) .
( 3 ) The final plan does not decrease the open space
provided on the preliminary plan by more than
five percent (5% ) .
(4 ) The final plan does not contain changes that
do not conform to the objectives and criteria
of Section 18 . 54 . 100 .
3 . Final Plan Approval
The DRC and DRB may approve, disapprove, or approve with
additional conditions, the proposed planned unit
development if it conforms with the approved preliminary
plan in the manner described above.
4 . Amendments to Final Plan
Building permits and other development approvals shall
be issued on the basis of the approved final plan and
any conditions of approval . No City administrative
personnel are permitted to issue permits for improvements
which are not indicated on the approved final plan with
the exception of the following:
Provisional Adoption 08/19/91 199
a. Minor Changes
Minor changes to a planned unit development may be
approved administratively and in writing, if at all,
by the Planning Director, whereupon a permit may be
issued. Such changes may be authorized without
additional public hearings, at the discretion of the
Planning Director. This provision shall not
prohibit the Planning Director from requesting a
recommendation from the Planning Board.
Minor changes shall not affect the location and
placement of buildings, a change of uses, the shape
and arrangement of lots and blocks, the allocation
of reserved open space, increases in density and/or
intensity of the project or, in general, the overall
design or intent of the project.
b. Major Changes
Major changes to a planned unit development shall
be approved, if at all, only by the City Commission,
and must follow the same planned unit development
review and public hearing process required for
approval of preliminary plans .
For planned unit developments, major changes shall
be defined as follows :
( 1 ) A change in the character of the development.
( 2 ) An increase of greater than one percent ( 1% )
in the approved number of residential dwelling
units .
( 3) An increase of greater than two percent (2% )
in the improved gross leasable floor areas of
retail, service, office, and/or industrial
buildings .
(4 ) A reduction by greater than two percent ( 2% )
in the approved open space.
( 5 ) A change in the location and placement of
buildings .
( 6 ) An increase in the problems of traffic
circulation and public utilities .
(7 ) Any change in the development that would
normally cause the project to be disqualified
Provisional Adoption 08/19/91 200
under the applicable criteria of Section
18 . 54 . 100 .
18 . 54 . 060 PLAN SUBMITTAL REOUIREMENTS
For each stage of the review process, the information and data
described below shall be submitted unless the Planning Director
determines that the information is unnecessary for the proper
evaluation of the development based on the findings of the Concept
Plan Review. Only after the Planning Director or his designee has
determined that all required information has been submitted will
the application be processed.
A. Submittal Requirements for Concept Plans
The following information and data shall be submitted for
Concept Plan review:
1 . Data regarding site conditions, land characteristics,
available community facilities and utilities and other
related general information about adjacent land uses and
the uses of land within one-half mile of the subject
parcel of land.
2 . Conceptual ( sketch) drawing showing the proposed location
of the uses of land, major streets and other significant
feature on the site and within one-half mile of the site.
3 . A computation table showing the site' s proposed land use
allocations by location and as a percent of total site
area.
B . Submittal Requirements for Preliminary Plans
The following information and data shall be submitted for
Preliminary Plan review:
1 . Document Requirements
The following information shall be presented in an 8 1/2"
x 11 " vertically bound document. The document shall be
bound so that it will open and lie flat for reviewing and
organized in the following order:
a. Application forms
b. A list of names of all general and limited partners
and/or officers and directors of the corporation
involved as either applicants or owners of the
Planned Unit Development.
c . Legal description of the site.
Provisional Adoption 08/19/91 201
d. A copy of the list of the names and addresses of
all owners of record of real property within 400
feet of the property lines of the parcel of land
for which the Planned Unit Development is proposed,
exclusive of public rights-of-way. The original
list shall be included in the document. A listing
of the names and addresses typed on stamped
envelopes shall be submitted separately.
e. A statement of planning objectives, including:
( 1 ) Statement of applicable City land use policies
and objectives achieved by the proposed plan
and how it furthers the implementation of the
Bozeman Area Master Plan.
( 2 ) Statement of : a) proposed ownership of public
and private open space areas; and b)
applicant' s intentions with regard to future
ownership of all or portions of the Planned
Unit Development .
( 3 ) Estimate of number of employees for business,
commercial and industrial uses .
(4 ) Description of rationale behind the assumptions
and choices made by the applicant.
(5 ) The applicant shall submit as evidence of
successful completion of the applicable
Community Design Objectives and Criteria of
Section 18 . 54 . 100, documentation pursuant to
these regulations for each proposed use. The
applicant shall submit written explanation for
each of the applicable objectives or criteria
as to how the plan does or does not address the
objective or criterion. The Planning Director
may require, or the applicant may choose to
submit, evidence that is beyond what is
required in that section. Any variance from
the criterion shall be described.
( 6 ) Detailed description of how conflicts between
land uses are being avoided or mitigated.
( 7 ) Statement of design methods to reduce energy
consumption, (e.g. home/business utilities,
transportation fuel, waste recycling) .
f . A development schedule indicating the approximate
date when construction of the Planned Unit
Development, or stages of the same, can be expected
Provisional Adoption 08/19/91 202
to begin and be completed, including the proposed
phasing of construction of public improvements and
recreational and common space areas .
g. Reduced versions of all preliminary plan and
supplemental plan maps and graphic illustrations at
8 1/2" x 11" or 11" x 17" size .
2 . Site Plan Requirements
A site plan of the proposed development drawn at a scale
of one ( 1 ) inch equals one hundred ( 100 ) feet, sixty ( 60 )
feet, fifty ( 50 ) feet or forty (40 ) feet and composed of
one or more sheets with an outer dimension of twenty-four
by thirty-six ( 24 x 36 ) inches, showing the information
required for site plans in Section 18 . 52 . 030 .D plus the
following additional information:
a. Percentage and square footage of public street
right-of-way.
b. Percentage and square footage of "active
recreational use" area.
c . Boundary and square footage of each area designated
as active recreational use.
d. Location and acreage of common open areas and all
public and semi-public land uses , including public
parks, recreation areas , school sites, and similar
uses .
e. Location of existing and proposed pedestrian
circulation system, including its interrelationships
with the vehicular circulation system, indicating
the proposed treatment of points of conflict.
f . The existing and proposed circulation system of
arterial, collector and local streets , including:
1 ) off-street parking areas; 2 ) service areas; 3 )
loading zones; and 4) major points of access to
public rights-of-way, including major points of
ingress and egress to the development. Notations
of proposed ownership, public or private, should be
included where appropriate.
g. The proposed treatment of the perimeter of the
Planned Unit Development, including materials and
techniques used, such as screening, fences, walls
and other landscaping.
Provisional Adoption 08/19/91 203
h. Adjacent site information
Area shown on the site plan shall extend beyond the
property lines of the proposal to include a survey
of the area and uses within 200 feet of the
proposal, exclusive of public right-of-way at the
same scale as the proposal and including the
following:
( 1 ) Land uses and location of principal structures .
(2 ) Densities of residential uses .
( 3) Existing trees and major features of landscape .
(4 ) Topographic contours at two-foot intervals,
unless otherwise permitted by the Planning
Director.
(5 ) Traffic circulation system.
Supplemental vicinity map
Vicinity map of the area surrounding the site within
a distance of at least one ( 1 ) mile showing:
( 1 ) Zoning Districts
( 2) Location of existing municipal boundary lines .
( 3 ) Traffic circulation system.
( 4 ) Major public facilities including schools ,
parks, trails, etc .
j . Certificates for the following information:
( 1) Attorney' s or owner' s certification of
ownership
(2 ) Planning Director certification of approval of
the site plan, including a statement of any
variances to the Community Design Objectives
and Criteria of Section 18 . 54 . 100 .
( 3 ) Owner certification of acceptance of conditions
and restrictions as set forth on the site plan.
3 . Supplemental Plan Requirements
a. Viewsheds
Provisional Adoption 08/19/91 204
( 1 ) Looking onto and across the site from areas
around the site, describe and map the views
and vistas from adjacent properties that may
be blocked or impaired by development of the
site.
(2 ) Describe and map areas of high visibility on
the site as seen from adjacent off-site
locations .
b. Recreation and Trails
( 1 ) Describe and map all existing and proposed
trails , parks and recreation areas within one
mile of the site. State the size (in acres)
and functions of the parks and recreation areas
identified.
c . Historic Resource
( 1 ) Describe and map any historic structures or
historic districts on the site or within 400
feet .
d. Street Cross Sections If Different From City
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;
( 3 ) sidewalk systems ; and
(4 ) bikeway systems
where deviations from the design criteria and
standards of the City are proposed.
e. Physiographic data, including the following:
( 1 ) A description of soils existing on the site,
accompanied by analysis as to the suitability
of such soils for the intended construction
and proposed landscaping.
(2 ) A description of the hydrologic conditions of
the site with analysis of water table
fluctuation and a statement of site suitability
Provisional Adoption 08/19/91 205
for intended construction and proposed
landscaping.
( 3 ) Locate and identify the ownership of existing
wells or well sites within 400 feet of the
site.
f . Drainage Plan
In addition to all drainage and hydrologic
information required in 18 . 52 . 030 .D, a detailed
preliminary drainage report, calculations and/or
plan shall be submitted, including:
( 1 ) All drainageways, streets, arroyos, dry
gullies, diversion ditches , spillways ,
reservoirs , etc. , which may be incorporated
into the storm drainage system for the property
shall be designated.
( 2 ) All plans shall indicate the proposed outlet
for the storm drainage from the property,
including:
(a) the name of the drainageway (where
appropriate) ;
(b) the downstream conditions (developed,
available drainageways, etc . ) , and;
( c) any downstream restrictions .
g. Temporary Facilities Plan
A plan of the site showing the location of all
temporary model homes, sales offices and/or
construction facilities, including temporary signs
and parking facilities .
h. Preliminary Subdivision Plat
If the project involves or requires platting, a
preliminary subdivision plat, subject to the
requirements of the City' s Subdivision Ordinance,
shall be submitted.
i. Traffic Impact Analysis
At the discretion of the Public Service Director a
traffic impact analysis shall be prepared based upon
the proposed development. The analysis shall
include provisions of the approved Development
Provisional Adoption 08/19/91 206
•
Guidelines , and shall address impacts upon
surrounding land uses . The Public Service Director
may require the traffic impact analysis to include
the following:
( 1 ) Land Use and Trip Generation
A table of each type of land use, the number
of units or square footage, as appropriate,
the trip rates used (daily and peak hour) and
resulting trip generation.
( 2 ) Traffic graphics showing:
(a) AM peak hour site traffic
(b) PM peak hour site traffic
( c) AM peak hour total traffic
(d) PM peak hour total traffic
(e) total daily traffic (with site generated
traffic shown separately)
( 3) AM and PM Capacity Analysis
An AM and PM peak hour capacity analysis shall
be provided for: (a) all major drive accesses
that intersect collector or arterial streets;
(b) and all arterial-arterial , collector-
collector, and arterial-collector intersections
within one mile of the site, or as directed by
the Director of Public Service.
(4) Report format shall be as follows :
(a) Trip Generation - using Institute of
Transportation Engineers Trip Generation
Manual
(b) Trip Distribution
(c ) Traffic Assignment
(d) Capacity Analysis
(e) Evaluation
(f) Recommended Access Plan, including access
points , modifications and any mitigation
techniques
Provisional Adoption 08/19/91 207
( 5) Additional Analysis Criteria
Appropriate clearance intervals shall be
provided for each exclusive movement .
Pedestrian movements must be provided for each
cycle and pedestrian overpasses shall not be
at intersections . Maximum pedestrian walking
speeds shall be four feet per second with a
minimum "WALK" time of seven seconds .
Intersection pavement widths shall not exceed
that required to provide three through lanes
in each direction, dual left-turn lanes and
right-turn lanes .
Traffic progression will be of paramount
importance. Consequently, all potential
intersections with signals will be placed on
quarter-mile points unless otherwise approved
by the Director of Public Service.
Intersection Level of Service "C" shall be the
design objective and under no conditions will
less than Level of Service "D" be accepted for
site operations . Arterial intersections and
turning operations shall operate at Level of
Service "C" . If Level of Service "E" is the
result of the study, then alternatives of
providing Level of Service "D" shall be
analyzed and included as part of the study.
Generally, the design year will be
approximately 15 years following construction.
( 6 ) Summary Analysis explaining:
(a) The proposed access points for the
project, their location, and the rationale
for their placement in terms of
circulation.
(b) Future off-site road improvements for
access, which roads they will be, the
projected time frame for their completion
and who is responsible for their
completion.
(c) ADT and level of service changes to all
streets .
(d) How traffic impacts to existing streets
will be minimized by the Planned Unit
Development.
Provisional Adoption 08/19/91 208
(e) Describe bicycle and pedestrian pathways
within the development, if used.
j . Additional Studies and Plans
The Planning Board or City Commission may require
additional impact studies or other plans as deemed
necessary for providing thorough consideration of
the proposed Planned Unit Development; particularly
if the development' s compliance with the Community
Design Objectives and Criteria is under question.
4 . Reproducible Copy Requirements
In addition to the above document, the applicant shall
submit the following for review purposes :
a. One full size rolled (not folded) mylar of all plans
and renderings .
b. One 8 1/2 " x 11" clear film reduction of all plans
and renderings for reproduction and overhead
projector use .
C. Submittal Requirements for Final Plans,
1 . Application form.
2 . A list of names of all general and limited partners
and/or officers and directors of the corporation involved
as either applicants or owners of the Planned Unit
Development.
3 . Site Plan Submittal Requirements
A final plan site plan shall be submitted on a 24" x 36 "
sheet(s) at the same scale as the approved preliminary
plan. If a different scale is requested or required, a
copy of the approved preliminary plan shall be submitted
that has been enlarged or reduced to equal the scale of
the final plan . However, only the scales permitted for
the preliminary plans shall be permitted for final plans .
The final plan site plan shall show the following
information:
a. Land use data (same information as required on the
preliminary site plan) .
b. Lot lines, easements, public rights-of-way as per
subdivision plat.
c . Attorney' s or owner' s certification of ownership.
Provisional Adoption 08/19/91 209
d. Planning Director certification of approval of the
site plan and its conformance with the preliminary
plan.
e. Owner' s certification of acceptance of conditions
and restrictions as set forth on the site plan.
4 . Supplemental Plans
a. Final Landscape Plan
A final landscape plan consistent with the
conditions and restrictions of the approved
preliminary plan shall be submitted. It shall also
be consistent with the City of Bozeman Landscape
Ordinance, Chapter 18 . 50 . 100 of the Zoning
Ordinance, except that any stated conditions and
restrictions of the preliminary plan approval shall
supersede the landscape ordinance.
b. Final Subdivision Plat
An official final subdivision plat of the site must
accompany the final planned unit development plan.
This plat must conform to the subdivision
requirements of the City, except as waived by the
approved preliminary plan for the Planned Unit
Development . The subdivision shall contain proper
dedications for public streets, utility easements ,
and all other public rights required by the
preliminary plan . Approval by the City Commission
of the final subdivision plat shall be required
before filing of the subdivision plat or issuance
of building permits .
c. Final Utility Plans
Prior to submission of the Final Plan to the DRC
and DRB, final detailed engineering plans for sewer,
water, electrical, street improvements and other
public improvements, and an executed agreement in
proper form providing for the installation of such
improvements , must be submitted to and approved by
the City.
d. Open Space Maintenance Plan
( 1 ) Maintenance of Community Open Spaces
The developer shall submit a legal instrument
setting forth a plan providing for the
permanent care and maintenance of open spaces,
Provisional Adoption 08/19/91 210
recreational areas, communally owned
facilities , and parking lots . The same shall
be submitted to the City Attorney and shall
not be accepted by the City until approved as
to legal form and effect. If the common open
space is deeded to a homeowner' s association,
the applicant shall file the proposed documents
governing the association. Such documents
shall meet the following requirements :
(a) The homeowners ' association must be
established before any residences are
sold.
(b) Membership in the association must be
mandatory for each residence owner.
(c) Open space restrictions must be permanent
and not for a period of years .
(d) The homeowners ' association must be made
responsible for liability insurance, taxes
and maintenance of recreational and other
facilities .
( e) The association must have the power to
levy assessments which can become a lien
on individual premises for the purpose of
paying the cost of operating and
maintaining common facilities .
(f) The governing board of any such
association shall consist of at least five
(5 ) members who shall be owners of
property in. the Planned Unit Development.
(2 ) Open Space Maintenance Guarantee
In the event the organization or any successor
organization established to own and maintain
common open spaces, recreational areas,
communally owned facilities and private
streets, shall at any time fail to maintain the
common facilities in reasonable order and
condition in accordance with the approved plan,
the City Commission may cause written notice
to be served upon such organization or upon the
owners of property in the development setting
forth the manner in which the common facilities
have failed to be maintained in reasonable
condition, which notice shall include the
demand that the deficiencies noted be cured
Provisional Adoption 08/19/91 211
within thirty ( 30 ) days thereafter and shall
state the date and place of a hearing to be
held within fourteen ( 14 ) days of the notice .
At the time of hearing, the City Commission may
modify the terms of the original notice as to
deficiencies and may extend the time within
which the same may be cured. If the
deficiencies set forth in the original notice
or modifications are not cured within the time
set, the City Commission in order to preserve
the taxable values of properties within the
development and to prevent the common
facilities from becoming a public nuisance, may
enter upon such common facilities and maintain
the same for a period of one ( 1 ) year. Such
entry and maintenance shall not vest in the
public any right to use the common facilities
not dedicated to public use. Before expiration
of such year, the Commission shall, upon its
own initiative or upon written request of the
organization theretofore responsible for
maintenance, call a public hearing and give
notice of such hearing to the organization
responsible for maintenance or the property
owners of the planned unit development. At
such hearing, the organization responsible for
maintenance and/or the residents of the
development may show cause why maintenance by
the City should not be continued for a
succeeding year. If the City Commission
determines that it is not necessary for the
City to continue such maintenance, the City
shall cease such maintenance at the time
established by the City Commission. Otherwise
the City shall continue maintenance for the
next succeeding year subject to a similar
hearing and determination at the end of each
year thereafter.
The cost of maintenance by the City shall be
a lien against the common facilities of the
Planned Unit Development and the private
properties within the development. The City
Commission shall have the right to make
assessments against properties in the
development on the same basis that the
organization responsible for maintenance of
the facilities could make such assessments .
Any unpaid assessment shall be a lien against
the property responsible for the same,
enforceable the same as a mortgage against such
property. The City may further foreclose its
Provisional Adoption 08/19/91 212
lien on the common facility by certifying the
same to the County Treasurer for collection as
in the case of collection of general property
taxes .
( 3) Guarantee for Open Space Preservation
Open space shown on the approved final plan
shall not be used for the construction of any
structures not shown on the final plan.
5 . Reproducible Copy Requirements
In addition to the requirements for Site Plan and
Supplemental Plan submittal the following shall be
submitted for copying and permanent records :
a. Signed reproducible, full size mylars for all site
and landscape plans , architectural elevations,
subdivision plats, utility plans, and any other
plans required by the Planning Board.
b. One 8 1/2 " x 11" clear film reduction of all plans
and renderings .
18 . 54 . 070 DURATION OF PLANNED UNIT DEVELOPMENT APPROVAL
A. Duration of Preliminary Plan Approval
1 . Within a maximum of three ( 3 ) years following the
approval of a preliminary plan, the applicant shall file
with the Planning Department a final plan( s ) in detailed
form covering all or part of the development.
2 . Upon application and for good cause, the Planning
Director may administratively extend the period for
filing a final plan for two successive six ( 6 ) month
periods . The granting of administrative extensions under
this section may, at the discretion of the Planning
Director, be referred to the Planning Board.
3 . Any additional six ( 6 ) month extensions to the Planned
Unit Development shall be approved, if at all, only by
the Planning Board. A request for extension of
preliminary approval under this section must be submitted
to the Planning Director in writing by the applicant at
least thirty ( 30 ) days prior to the date of expiration.
Failure to submit a written request within the specified
time period shall cause forfeiture of the right to
extension of preliminary approval .
Provisional Adoption 08/19/91 213
4 . If no final plan(s ) is filed covering all or any portion
of the preliminary plan within the above time limits, the
right to proceed under the preliminary plan shall expire
for any portion of the preliminary plan for which a final
plan has not been timely filed.
B. Duration of Final Plan Aooroval
The applicant must undertake and complete the development of
an approved final plan within two (2 ) years from the time of
final approval. For the purposes of this Section, a
development is substantially complete once all engineering
improvements (water, sewer, streets, curbs , gutter, street
lights, fire hydrants and storm drainage) are installed and
completed in accordance with City rules and regulations .
Extensions for two (2 ) successive periods of six ( 6) months
may be administratively granted by the Planning Director.
The granting of administrative extensions under this Section
may, at the discretion of the Planning Director, be referred
to the Planning Board.
Any additional six ( 6 ) months extensions to the Planned Unit
Development shall be approved, if at all, only by the Planning
Board. A request for extension of final approval under this
Section must be submitted to the Planning Director in writing
by the applicant at least thirty ( 30) days prior to the date
of expiration. Failure to submit a written request within the
specified time period shall cause forfeiture of the right to
extension of final approval . Failure to develop within the
specified time limit and improvement requirements shall cause
a forfeiture of the right to proceed under the final plan and
require resubmission of all materials and re-approval of the
same.
18 . 54 . 080 PHASING OF PLANNED UNIT DEVELOPMENTS
A. Applications for Phased Planned Unit Developments
If a Planned Unit Development is intended to be developed over
time in two (2 ) or more separate phases , application for
approval of a Phased Planned Unit Development shall follow
procedures established for Concept Plan review as outlined in
this Chapter. After Concept Plan review is completed, phased
PUDs may be proposed in accordance with one of three
procedures :
1 . Application for Simultaneous Approval of All Phases of
the PUD
Where all phases of a PUD are planned in detail, an
application for approval of all phases of the PUD may be
made in accordance with Preliminary Plan review and
Provisional Adoption 08/19/91 214
approval procedures outlined in this Chapter . In such
cases, Preliminary Plans and all required supplemental
information shall clearly set forth phased development
boundaries, schedules, and other details pertaining to
the phasing of the project.
Upon approval of the Preliminary Plan for all phases of
the PUD, each phase of the development may occur in
accordance with the review and approval procedures for
Final Plans as specified in this Chapter.
2 . Application for Approval of Initial Phase of the PUD,
With Subsequent Phases Master Planned and Subject to
Development Guidelines
Where the applicant wishes to gain preliminary and final
approval for the initial phase( s ) of a PUD, and further
wishes to gain master plan and development guidelines
approval for subsequent phases of the PUD, preliminary
and final plan review and approval procedures for the
initial phase(s ) shall be followed in accordance with
this Chapter. A Master Plan and Development Guidelines
for the remaining phases of the development shall be
provided for review and approval as outlined below.
3 . Application for Approval of a Phased PUD Based Only
Master Plan and Development Guidelines
Applications for approval of a phased PUD without
detailed plans for any phase shall not generally be
accepted. However, under unique circumstances and for
good cause shown, the Planning Board may determine that
an application for approval of a Master Plan and
Development Guidelines for a phased PUD may be submitted
without a Preliminary Plan for any phase. When such a
determination has been made, application for approval of
a Master Plan and Development Guidelines may be made in
accordance with Phased PUD approval procedures as set
forth below.
B . Phased PUD Approval Process
Master Plans and Development Guidelines shall be reviewed
and approved according to the procedures established for
Preliminary Plans as established in this Chapter. When a
Master Plan and Development Guidelines for a phased PUD have
been reviewed by the Planning Board and approved by the City
Commission, each phase of the PUD may be developed in
accordance with the review and approval procedures set forth
in this Chapter for Final Plan reviews .
Provisional Adoption 08/19/91 215
C. Phased PUD Review Criteria
In general, the review criteria for phased PUDs shall be the
same as that for PUDs as set forth in Sections 18 . 54 . 050 .B . 3 .
and 18 . 54 . 050 .C. 2 . of this Code.
In those cases where Master Plans and Development Guidelines
are proposed to govern the development of future phases of
the PUD, The City Commission must determine that the proposed
Master Plan and Development Guidelines are provided in
sufficient detail to support a finding that the phased PUD
will comply with all requirements for PUD approval if
developed in accordance with the approved Master Plan and
Development Guidelines .
DRB and DRC review and approval of Preliminary and Final Plans
for those phases of a PUD which have an approved Master Plan
and Development Guidelines shall assure compliance and
consistency with said Master Plan and Development Guidelines .
Should DRC and DRB determine that proposals to develop
subsequent phases of a PUD are not in compliance with the
approved Master Plan and Development Guidelines, the
determination may be appealed to the City Commission subject
to the provisions of Chapter 18 . 58 of this Code.
D. Phased Planned Unit Development Submittal Requirements
1 . Master Plan Submittal Requirements
Master Plans for phased PUDs shall consist of a detailed
Site Plan depicting: 1 ) existing conditions for the
entire phased PUD as required by Sections 18 . 54 . 060 B.
and C . ; and 2 ) proposed conditions pertaining to such
elements as building location, open spaces, vehicular and
pedestrian circulation, and boundaries of the individual
phases of the PUD in as much detail as is required by the
findings of the Concept Plan review as outlined in this
Chapter.
2 . Development Guidelines Submittal Requirements
Development Guidelines for phased PUDs shall be submitted
to the Planning Director as part of the application
submittal in one or more orderly documents . Each
document shall contain a table of contents and shall be
in a 8 1/2 " x 11" vertical format, bound to open flat for
review. All graphic representations shall be in 8 1/2 "
x 11" or 11 " x 17 " format. Development Guidelines for
phased PUDs shall contain the information as is required
by the findings of the Concept Plan Review as outlined
Provisional Adoption 08/19/91 216
in this Chapter. Such information may include, but is
not limited to, the following:
a. a description of submittal requirements and review
procedures for the approval of preliminary and final
plans submitted in accordance with the Master Plan
and Development Guidelines (to be developed with the
assistance of staff) ;
b. a description of the coordination with any other
applicable review procedures, e. g. subdivision
review;
c . a complete list of proposed or potential land uses;
d. sign guidelines - type( s) , location, design,
illumination, size, and height;
e. perimeter buffering guidelines with specific regard
to adjoining land uses;
f . landscaping guidelines, including a description of
the landscaping theme in relation to the
streetscape, the buildings on site, and any proposed
signage open space treatment parking and circulation
areas display areas , and screening;
g. design guidelines for outdoor storage and/or
display;
h. protective covenants which may include requirements,
owners association provisions, provisions for
maintenance, etc . ;
i. parking - guidelines for design, provision for
shared facilities, circulation between lots , and
coordination with sidewalk system, service areas;
j . dimensional requirements - building heights,
setbacks (interior and perimeter) , open space, etc . ;
k. lighting;
1 . architectural guidelines;
m. provisions for utilities, communications, and
refuse;
n . guidelines for noise, emissions , glare, hazardous
materials , etc. ; and
o. improvements schedule.
Provisional Adoption 08/19/91 217
E . Open Space Provisions for Phased PUD Developments
If a project is to be built in phases, each phase shall
include an appropriate share of the proposed recreational,
open space, and other site and building amenities of the
entire development. The appropriate share of the amenities
for each phase shall be determined for each specific project
at the time of preliminary approval and shall not be based
solely upon a proportional or equal share for the entire site.
Requirements may be made for off-site improvements on a
particular phased project.
F. Final Plans for Phased PUD Developments
Final plans for a planned unit development may be submitted
in phases . The final plan shall conform to the preliminary
plan of a planned unit development, as approved.
G. Duration of Phased PUD Development Guidelines Approval
Within a maximum of five ( 5) years following the approval of
development guidelines for a planned unit development,
development must commence or the development guidelines must
be reviewed for renewal. Any subsequent approvals of a
preliminary plan must conform to the development guidelines .
18 .54 . 090 ENFORCEMENT OF APPROVAL REOUIREMENTS AND CONDITIONS
The occurrence of either of the following events may subject the
applicant to the enforcement remedies contained in Chapter 18 . 70
of the City of Bozeman Zoning Ordinance:
A. Failure to comply with any terms , conditions, or limitations
contained on the site plan, landscape plan, building
elevations or other approved documents pertaining to a planned
unit development which has received final approval from the
City.
B. Failure to comply with any conditions on record imposed by
the Planning Board upon its review of the master, preliminary
or final plans for the Planned Unit Development under the
provisions of this Planned Unit Development Ordinance, Chapter
18 . 54 of the Zoning Ordinance.
18 . 54 . 100 PLANNED UNIT DEVELOPMENT DESIGN OBJECTIVES AND CRITERIA
A. General
For any planned unit development proposal to be approved it
must first be found, by the City Commission, after
recommendation from the Planning Board, to be in compliance
Provisional Adoption 08/19/91 218
with this section, 18 . 54 . 100, of the Planned Unit Development
Ordinance of the City of Bozeman.
B . Land Use Classifications
The design objectives and criteria with which a planned unit
development proposal must comply are dependent upon the
designated land use classification of the site proposed for
the planned unit development.
Section 18 . 54 . 100 .E contains two groups of objectives and
criteria against which planned unit developments are reviewed.
All planned unit developments are reviewed against the
objectives and criteria designated for "All Development" .
Each individual planned unit development is then reviewed
against the objectives and criteria established for the land
use classification of the site on which the proposal is to be
located. A planned unit development must satisfy all the
objectives and criteria of both groups . In evaluating planned
unit developments the City may determine that certain criteria
are not applicable or are irrelevant to a particular
development proposal and therefore do not apply to that
proposal .
C. Evaluation Process
The acceptability and performance of a planned unit
development proposal shall be evaluated as follows :
Each of the objectives and criteria for the applicable land
use classification and for "All Development" contained in
Section 18 . 54 . 100.E will be answered YES, NO or NOT APPLICABLE
(NA) . A NO response to any of the applicable objectives and
criteria will automatically preclude the development proposal
from further consideration and eventual approval, unless a
variance is granted by the City Commission . An objective or
criterion is considered to be applicable if it can reasonably
be applied to the development proposal . The applicant shall
clearly demonstrate how the planned unit development
specifically addresses each applicable objective and
criterion.
D. Responsibility for Impact Mitigation
To protect the character of new and existing neighborhoods
against intrusive and disruptive development, any negative or
adverse impacts shall be effectively mitigated in the Planned
Unit Development plan, as per the following guidelines :
1 . When two adjacent parcels are developed simultaneously,
the responsibility for mitigating conflicts is upon the
more intense use .
Provisional Adoption 08/19/91 219
2 . When a use is the first to develop on two adjacent vacant
parcels, the first use shall provide the necessary buffer
to any reasonable future use as determined by the city.
3 . The second use to develop shall, at the time it develops ,
take all additional steps necessary to mitigate
conflicts .
4 . However, when a planned unit development includes a use
or uses which are not otherwise permitted in the
underlying zoning district, the responsibility for impact
mitigation shall lie exclusively with the planned unit
development proposal .
E . Desicrn Objectives and Criteria Evaluation Forms
The city will determine compatibility of a project based upon
the evidence presented during evaluation of the community
design objectives and criteria of Section 18 . 54 . 100 .E of this
Ordinance.
The following forms will be used in evaluating all planned
unit development applications .
Provisional Adoption 08/19/91 220
1 ALL DEVELOPMENT
p p l i c a t i o n
All land uses within a proposed planned unit development shall be
reviewed against, and comply with , the applicable objectives and
criteria of the mandatory "All Development" group.
REtc'ui red Criteria= Yes No NA
Neighborhood Compatibility
1 . Is the development compatible with, and sensitive to the immediate
environment of the site and the adjacent neighborhoods relative to
architectural design, building bulk and height, neighborhood identity,
landscaping, historical character, orientation of buildings on the
site and visual integration?
2. Is the project designed so that additional traffic generation beyond what
may be approved for permitted uses does not have a significant adverse
impact on adjacent and surrounding development?
3. Have the guidelines outlined in Chapter 18.51, Development Review Committee,
been followed concerning identification and discussion of impacts related
to the proposed development?
4. Is the development in accordance with the adopted elements of the Bozeman
Area Master Plan and its accompanying goals, objectives and policies?
Public Facilities, Services and Transportation
5 . Does the development comply with all City design standards, requirements and
specifications for the following services:
water Supply Trails/Walks/Bikeways
Sanitary Supply Irrigation Companies
Fire Protection Electricity
Flood Hazard Areas Natural Gas
Telephone Storm Drainage
Cable Television Streets
6 . Will the sewage generated by the development not exceed the sanitary sewer
system' line and treatment capacity?
7 . Will an adequate water supply exist to serve the development?
8. Mill an adequate electrical power supply exist to serve the development?
9 . Will the City Transportation Plan be capable of handling the development's
traffic generation?
1 O.Does the development provide adequate access for emergency service?
•
1 IT'
7 ALL DEI/ ELOPM •
ENT
Rw3qui rBd Critea r1s : I Yes I No NA
1 1 .Are all vehicular use areas and exterior building areas provided with adequ-
ate security lighting?
Natural Resources
12 .Have precautions been taken to minimize hazards to life or property due to
irrigation canals, stream channels or other water bodies?
1 3 .Have known areas of natural or geological hazard (e.g., unstable or potenti-
ally unstable slopes, faulting, landslides, rockfalls, flood, and wildfire,
etc.) or soil conditions unfavorable to urban development had special
engineering precautions taken to overcome natural constraints or have these
areas been set aside from development?
1 4.Does the project preserve or replace existing natural vegetation?
1 5 .Have special precautions been taken to preserve existing wildlife habitats,
natural wildlife food services, or existing places, or are these areas
being preserved?
e-
16 .If the proposed project is located within a locally-designated Historical
District or includes a locally-designated landmark structure, is the pro-
ject in conformance with the City's Historic Preservation Ordinance?
1 7 .If the development is proposed on existing agricultural land or open space,
does it meet Master Plan objectives for clustering development?
Environmental Standards
1 8.Will the project conform to applicable local, state and federal air quality
standards, including, but not limited to: odor; dust; fumes or gases which
are noxious, toxic or corrosive; suspended solid or liquid particles; or
any air contaminant which may obscure an observer's vision or impair
breathing?
1 9 .Will the project conform to applicable local, state and federal water quality
standards, including, but not limited to: erosion and sedimentation; runoff
control; discharge of solid wastes; and discharge of hazardous substances?
20 .Can the proposed land uses and activities be conducted so that noise gene-
rated shall not exceed the minimum performance levies as specified in the
City's noise control ordinance Section 18.50 of the Zoning Code? Detailed
plans for the elimination of objectionable noises are required before the
issuance of a building permit.
21 .If the proposed activity produces glare or heat, whether direct or refle:ted, I'
is the operation conducted within an enclosed building or with other effect-
ive screening in such a manner as to make such glare or heat completely
imperceptible from any point along the property line? Detailed plans for the
elimination of glare or heat are required before issuance of a bldg. permit.
1 A L L D EV E L O PIA E N T
Required Criteri a : Yes I No I NA I
22 .Will the project cause an inherent or recurring generated vibration percep-
tible without instruments at any point along the property line? Temporary
construction may be excluded from this criterion.
23 .Is the exterior lighting, except for warning, emergency or traffic signals,
installed in such a manner that the light source is obscured to prevent
excessive glare on public streets and walkways or into any residential
area? The installation or erection of any lighting which may be confused
with warning signals, emergency signals or traffic signals shall not be
permitted.
2 4
.Will all sewage and industrial wastes be treated and disposed of in such a
manner as to comply with applicable local, state and federal standards?
Detailed plans for waste disposal are required before issuance of a build-
ing permit.
Site Design
25 .Are the elements of the site plan (e.g. buildings, circulation, open space
and landscaping, etc.) arranged on the site so that activities are inte-
grated with the organizational scheme of the community and neighborhood?
26.Are the elements of the site plan (e.g. buildings, circulation, open space
and landscaping, etc.) designed and arranged to produce an efficient,
functionally organized, and cohesive planned unit development?
27 .Is the design and arrangement of elements of the site plan (e.g., buildings
circulation, open space and landscaping, etc.) in harmony with the exist-
ing natural topography; natural water bodies and water courses; existing
vegetation; and
28.Does the design and arrangement of elements of the site plan (e.g., building
construction, orientation, and placement; transportation networks; selec-
tion and placement of landscape materials; and/or use of renewable energy
sources, etc.) contribute to the overall reduction of energy use by the
project?
29 .Are the elements of the site plan (e.g. buildings, circulation, open space
and landscaping, etc,) designed and arranged to maximize the privacy by
the residents of the project?
30 .Does the design and arrangement of buildings and open space areas contribute
to the overall aesthetic quality of the site configuration, and is at least
thirty (30) percent of the project, exclusive of yard setbacks and parking
lot interior landscape, developed as open space?
3 1 .Does the street and parking system provide for the smooth, safe and conven-
ient m:,ement of vehicles both on and off the site?
•
1 ALL DEVELOPMENT
Required Criteria _ I Yes No I NA
32 .Does the development satisfy the parking capacity requirements of the City
and provide adequate space suited to the loading and unloading of persons,
materials and goods?
3 3.Is the active recreational area suitably located and accessible to the resi-
dential units it is intended to serve and is adequate screening provided
to ensure privacy and quiet for neighboring residential uses?
3 4.Is the pedestrian circulation system designed to assure that pedestrians can
move safely and easily both within the site and between properties and
activities within the neighborhood area?
35 .Is the development being properly integrated into development and circulation
patterns of adjacent and nearby neighborhoods so that this development will
not become an isolated `pad. to adjoining development?
36 .Does the pedestrian circulation system incorporate design features to enhance
convenience, safety and amenity across parking lots and streets, including,
but not limited to, paving patterns, grade differences, landscaping and N r
lighting? 4,
37 .Does the pedestrian and bicycle trail system adequately connect to the
systems in adjacent developments?
3E3.Does the landscape plan enhance the appearance of vehicular use, open space
and pedestrian areas which contribute to their usage and visual appear-
ance?
39 .Does the landscaping plan enhance the building(s)?
4C).Does the landscape plan screen utility boxes, parking areas, loading areas,
trash containers, outside storage areas, blank walls or fences and other
areas of low visual interest from roadways, pedestrian areas and public
view?
41 .If the development is adjacent to an existing or approved public park or
public open space area, has provisions been made in the site plan to avoid
interfering with public access to that area?
42 .Will all signs in the project be in compliance with the provisions of the
Bozeman Sign Code?
R E S I D E N T I A L
Application =
Planned unit developments in residential areas may include a
variety of housing types, designed to enhance the natural
environment, conserve energy, recognize and, to the extent
possible, preserve and promote the unique character of
neighborhoods with provisions for a mix of limited commercial
development. Commercial development must be sited and designed
such that the activities present will not detrimentally affect the
adjacent residential neighborhood.
Req u i red C r iter i a _ Yes No NA
Each of the following applicable criteria must be answered 'yes' and implement-
ed within the development plan.
1. On a gross acreage basis, is the average density in the project at least
three (3) dwelling units per acre (calculated for residential portion of
the site only), or at least (1) dwelling unit per acre where septic tanks
are to be used?
2 . Does the residential project provide for private outdoor areas (e.g., pri-
vate yards, patios, and balconies, etc,) for use by the residents of the
project which are sufficient in size and have adequate light, sun, ventila-
tion, privacy and convenient access to the household unit they are intended
to serve?
3 . Does the residential project provide for outdoor areas for use by the resi-
dents as recreational, active or passive, activities?
4. Does the residential project encourage the juxtaposition or mix of uses?
5 . Is the residential project within 2000 feet of an existing or approved
neighborhood service center, public school, child care center, major employ-
center, or public neighborhood or community park?
6 . Is the residential project within 4000 feet of an existing or approved
community/regional shopping center?
7 . Is the residential project within 650 of an existing collector or arterial
street?
8. If the residential project is proposing a density bonus above the density
that is allowed, does the proposed project exceed the established design
standards for the development and ensure compatibility with adjacent neigh-
borhood development?
9 . If offices or commercial development are proposed within the residential
project is less than twenty (20) percent of the P.U.D. designated to be
used for offices or commercial activities?
2 RES = IDENTIAL
Req u i read C r-1 tori a _ i Yes I No NA
1 0 .If commercial development is proposed within the residential project is less
that fifty (501 percent of the market required to support the commercial
uses proposed located outside the P,U,D, and are of a service that
does not require drive-in facilities or justification for through traffic.
1 1 .If the project contains commercial development is the project located at
the intersections of arterial streets, or arterial and collector streets?
1 2 .If the project contains commercial development has the project been sited
and designed such that the activities present will not detrimentally affect
the adjacent residential neighborhood and has it been developed at a scale
compatible with residential development?
•
3 C
CDM M E R C I A L.
Appl1cat ian :
Planned unit developments in commercial areas may be include either
commercial or multi—family development; however, adequate but
controlled access to arterial streets is essential . Activities
would include a broad range of retail and service establishments
designed to serve consumer demands of the City of Bozeman and
Bozeman area.
Raqu1 read Crite r1et : Yes No NA
Each of the following criteria must be answered 'yes' and implemented within the
development plan.
•
1. Are all repair, painting end body work activities, including storage of refuse
and vehicular parts, planned to take place within an enclosed structure or
completely screened from off-site view? •
2 . Have all the necessary precautions been taken to prevent all lubrication,
hazardous materials and fuel oil substance, which are stored on the site,
from leaking or draining into the groundwater system, streams, creeks, or
other water bodies?
3. If the project contains any use intended to provide adult amusement or enter-
tainment, does it meet the following requirements:
Is the use established, operated or maintained no less than 500 feet from
a residential neighborhood. church and/or a school meeting all the re-
quirements of the compulsory education laws of the State of Montana?
Is the use established, operated or maintained no less than 500 feet from
another similar use?
4. Is the project contigous to an arterial street?
5. Is the project on at least two acres of land? I ._
6 . Does the project contain two or more significant uses (for instance, retail,
office, residential, hotel/motel and recreation)?
7. Is there direct vehicular and pedestrian access between on-site parking areas
and adjacent existing or future off-site parking areas which contain more
tnan ten (10) spaces?
8. Does the project encourage infill with at least 1/4th of its property bound-
ary contiguous to existing development?
9 . If the project includes residential development has exceptional or unique
design methods been incorporated to mitigate the impacts of conflicting land
uses (i.e., landscape and architectural design, extensive open space, recrea-
tion center(s), maximim traffic efficiency, screening of residential parking).
Ow-
4. INDUSTRIAL
App11cat ion :
Planned unit developments in industrial areas may include
employment, wholesaling , manufacturing and utility centers for the
community ; the particular type of uses will be determined based
upon its potential impact upon adjacent land uses and the intensity
of development.
Req u i red C r i t€1 r i a : Yes No NA
Each of the following criteria must be answered 'yes' and implementd within the
development plan.
1 . Have all the necessary precautions been taken to prevent all lubicants,
hazardous materials and fuel oil substances, which are stored on the site,
from leaking or draining into the groundwater system, streams, creeks, or
other water bodies?
2.Are all repair, painting and body work activities, including the storage
of refuse and vehicular parts planned to take place within an enclosed
structure or completely screened from off-site view?
3.Is the project located adjacent to an arterial or collector that provides C
adequate access to the site? .
4. Is the project developed such that the least intense uses shall be located
along arterial streets, where visibility to the public is likely; more
intense uses such as heavy industrial uses and warehousing activities will
be located away from the arterial streets, buffered by the other uses.
5 . Does the project utilize a landscaping theme that will tie adjacent uses or
projects together?
6 . Is the project being developed on land substantially surrounded by developed
property with existing services and utilities already available?
CHAPTER 18 . 55
TEXT AMENDMENT AND REZONING CHANGES
18 . 55 . 010 INITIATION OF AMENDMENTS AND CHANGES,
A. The City Commission may, from time to time, amend, supplement,
or change this Ordinance and the regulation or maps
appertaining thereto. An amendment, supplement or change may
be initiated by the City Commission, the Planning Board or
upon petition from an owner of property within the zoning
jurisdiction of the City of Bozeman.
B. Whenever the property owner of any land or building desires
a reclassification on his property or change in regulations
applicable thereto, he may file with the City Planning
Department on forms provided by the City for this purpose, a
petition duly signed and verified by him requesting an
amendment or change of regulations prescribed for such
property.
18 . 55 . 020 AMENDMENTS AND REZONINGS - INVESTIGATION REQUIREMENTS_
Upon initiation of an amendment by the City Commission or the
Planning Board, or upon petition from a property owner, the City
Planning Board shall cause to be made an investigation of facts
bearing on such initiation or petition as will provide necessary
information to assure that the action of each such petition is
consistent with the intent and purpose of this Ordinance, including
but not limited to a finding that the application complies with the
Bozeman Area Master Plan.
18 . 55 . 030 PUBLIC HEARING PROCEDURES AND REQUIREMENTS,
A. The Planning Board shall hold public hearings on the matters
referred to in such initiation or petition at which parties
in interest and citizens shall have an opportunity to be
heard.
B. The Planning Director shall give public notice of all public
hearings to be held before either the Planning Board or the
City Commission. The notice shall be published at least once
in a newspaper published and having general circulation in the
City, not more than forty-five days nor less than fifteen days
prior to the public hearings .
C. The notice shall specify the number, date, time, and place of
all scheduled public hearings . It shall state the name and
address of the applicant, the name and address of the owner
of record of the property, and a legal description of the
property affected, the street address or its location by
approximate distances from the nearest major street or road
Provisional Adoption 08/19/91 229
intersections so that the property can be easily identified,
and a brief statement of the nature of the hearing.
D. The notice shall provide a map of the area in question so as
to indicate its general location and proximity to surrounding
properties . In the case of a text amendment the notice shall
explain the intent of the change, with reference to the
precise text amendment language being available for public
review at the City of Bozeman Planning Department .
E . However, where City zoning boundaries are extended through
annexation, which require initial zoning classification,
public notice shall consist of three separate notifications
in a newspaper published and having general circulation in
the City, provided at least one of the notifications is
published not more than forty-five days nor less than fifteen
days prior to the public hearing. Said notice of public
hearings shall also be made available upon request to all
newspapers, radio stations and television stations serving the
zoning jurisdiction of the City of Bozeman for use as a public
service announcement .
F. In addition to such publication, the Planning Director shall
post same notice of public hearing not more than forty-five
days nor less than fifteen days prior to the public hearings,
on the site in question as well as on one or more additional
locations, visible to the general public, within the affected
area as deemed appropriate Planning Director. However, where
City zoning boundaries are extended which require initial
zoning classification, sign posting requirements shall not
apply.
G. Such notice shall be sent by mail, not more than forty-five
days nor less than fifteen days, to the applicant and owners
of record, or their legal representative, of the subject
property as well as to the owners of record of all parcels
within one hundred-fifty feet of the perimeter of the subject
property. The number of feet occupied by all public roads ,
streets, alleys, and other public ways, shall be excluded in
determining the one hundred-fifty foot requirements . However,
where City zoning boundaries are extended which require
initial zoning classification, mailing of notice of public
hearing to such applicants, owners of public record, or their
legal representative, of the subject property(ies ) , or owners
of record of all parcels within one hundred-fifty feet of the
perimeter of the subject properties shall not apply.
H. If for some reason a required property owner fails to receive
mail notification of a scheduled public hearing, or if one or
more of the required posted signs in the area or on the site
for which the public hearing is being held, is inadvertently
moved through no fault of the City, this in no way shall
Provisional Adoption 08/19/91 230
invalidate the legal notice requirements of the scheduled
public hearing.
I . Notice may also be provided to property owners in any
additional area that may be substantially impacted by the pro-
posed change or use as determined by the Planning Director.
J. After such hearing or hearings, the Planning Board will make
reports and recommendations on said petition or initiation to
the City Commission .
K. When the Planning Board has recommended an amendment to this
Ordinance, including a change in the district boundaries, the
public hearing shall be held by the City Commission for the
purpose of acting upon the proposed amendment after public
notice. In case of protest against such changes signed by the
owners of twenty percent or more either of the area of the
lots included in such proposed change or of those lots
immediately adjacent to the rear within the block or of those
lots directly opposite extending one hundred-fifty feet from
the street frontage thereof, such amendment shall not become
effective except by the favorable vote of three-fourths of all
members of the City Commission.
Provisional Adoption 08/19/91 231
CHAPTER 18 . 56
VARIANCE AND ADMINISTRATIVE INTERPRETATION APPEAL PROCEDURES
18 . 56 . 010 BOARD OF ADJUSTMENT MEMBERSHIP AND TERM OF OFFICE
The Board of Adjustment is established to act on certain variance
applications as detailed in this Ordinance and on appeals where it
is alleged there is error in any order, requirement, decision, or
determination made by administrative officers of this Ordinance .
The Board, as it shall be referred to for purposes of this Chapter,
only, shall consist of not less than five members nor more than
seven, appointed by the City Commission for three-year terms (with
staggering terms ) . At least three members shall reside within the
City limits . All members shall reside within the zoning
jurisdiction of the City.
18 . 56 . 020 ORGANIZATION, OFFICERS AND LOCATION
A. At the first meeting of each year, the Board shall appoint
one of its members to serve as chairman and one member to
serve as vice-chairman.
B. The staff of the Planning Department shall be at the disposal
of the Board to receive and process applications of appeal and
to give advice to said Board.
C. The Board' s office shall be that of the Planning Director and
all files of the board shall be held therein.
18 . 56 . 030 POWERS AND DUTIES DESIGNATED - VOTE
A. The Board shall set its operating rules in accordance with
MCA Section 76-2-323 , 1981 and shall have the following
powers, except that in no event .shall the Board have the power
to decide Plan Appeals provided for under Chapter 18 . 58 , and
further provided that the City Commission reserves to itself
and its advisory agencies , the power to make any other
exceptions , variations or deviations to regulations,
ordinances or land use plans adopted pursuant to statute.
1 . To hear and decide appeals where it is alleged there is
error in any order, requirement, decision, or
determination made by an administrative official in the
enforcement of this Ordinance or of any ordinance adopted
pursuant thereto.
2 . To authorize, in specific cases, such variance from the
terms of this Ordinance as will not be contrary to the
public interest, where owing to special conditions, a
literal enforcement of the provisions will result in
Provisional Adoption 08/19/91 232
unnecessary hardship, and so that the spirit of this
Ordinance shall be observed and substantial justice done.
B. More specifically, the Board may, after public notice and
hearing, deny, approve, or conditionally approve requests due
to hardship for a variance to :
1 . modify the following dimensional requirements of this
Ordinance:
a . setbacks;
b. height;
c . lot area and width;
d. lot coverage;
2 . modify flood hazard district requirements subject to the
provisions of Chapter 18 . 44;
3 . consider applications for the expansion of nonconforming
uses of land and structures;
All other requested variances shall be heard by the City
Commission. In addition, all proposals for: a) deviations in
Neighborhood Conservation Overlay Districts; b) containing
multiple variances in Entryway Overlay Districts; c) proposals
containing multiple variances; and d) proposals for variances
in conjuntion with Conditional Use Permit applications shall
be heard by the City Commission.
However, in no case may the Board or the City Commission grant
variances to allow uses not already permitted pursuant to this
Ordinance.
C. The concurring vote of four members of the Board shall be
necessary to reverse any order, requirements , decisions, or
determination of any administrative official, or to decide in
favor of the applicant on any matter upon which it is required
to pass under this Ordinance, or to effect any variance of
this Ordinance.
D. The concurring vote of three members of the City Commission
shall be necessary to grant requested deviations and the
concurring vote of four members of the City Commission shall
be necessary to effect any variance of this Ordinance.
18 . 56 . 040 APPEALS AND VARIANCES - APPLICATION AND INVESTIGATION
A. Application for Variance or Interpretation Appeals
A request for variance proposed shall be made by filing at
least 20 days prior to the Board or Commission meeting an
application with appropriate fees with the Planning Director;
Provisional Adoption 08/19/91 233
such application shall be accompanied by a development plan
showing such information as the Planning Director may
reasonably require for purposes of this Ordinance. The plans
shall contain sufficient information for the Board or
Commission to make a proper decision on the matter. The
request shall state the exceptional conditions and the
peculiar and practical difficulties claimed as a basis for a
variance. In all cases, the application shall include, and
shall not be deemed filed until, all of the following is
submitted:
1 . Name and address of the applicant;
2 . The legal description of the property involved in the
request for variance, including the street address, if
any, of the property;
3 . The names and addresses of the owners of the property
and any other persons having a legal interest therein;
4 . List of names and addresses of property owners within
two hundred ( 200 ) feet of site, using last declared
County real estate tax records;
5 . Stamped, unsealed envelopes addressed with names of above
property owners;
6 . A site plan drawn to scale showing the property
dimensions, grading, landscaping, and location of
utilities, as applicable;
7 . Location of all existing and proposed buildings;
8 . Drive accesses , driveways, access roads, parking spaces,
off-street loading areas, and sidewalks as applicable;
9 . The variance requested and the reasons for the request;
10 . Justification, in writing of Section 18 . 56 . 060 .A, B and
C of this Ordinance;
11 . Evidence satisfactory to the Board of Adjustment or City
Commission of the ability and intention of the applicant
to proceed with actual construction work in accordance
with said plans within six months after issuance of
permit;
12 . Required filing fee; and
Provisional Adoption 08/19/91 234
13 . In the case of an administrative interpretation appeal
evidence to prove that the decision or action of the
official was incorrect or in violation of the terms of
this Ordinance.
B. Investiaation of Facts
The Board or Commission shall cause to be made such
investigation of facts bearing on the application as will
provide necessary information to assure that the action on
each such application is consistent with the intent and
purpose of this Ordinance. During time of appeal all
construction shall cease and shall not commence until approved
by the Board of Adjustment or City Commission.
18 . 56 . 050 INTERPRETATIONS AND VARIANCES-HEARING AND NOTICE
REOUIREMENTS
A. There shall be a hearing for each application of an
interpretation appeal or variance. The hearing shall be held
at an appointed time and place. Testimony shall be taken by
the Board or Commission from persons interested in the
application, and from the Planning Staff .
B. The Planning Director shall give public notice of all public
hearings to be held before the Board of Adjustment or City
Commission. The notice shall be published at least once in
a newspaper published and having general circulation in the
City, not more than thirty days nor less than ten days prior
to the public hearings .
C. The notice shall specify the number, date, time and place of
all scheduled public hearings . It shall state the name and
address of the applicant, the name and address of the owner
of the property, and a legal description of the property
affected, the street address, or its location by approximate
distances from the nearest major street or road intersection
so that the property can be easily identified, and a brief
statement of the nature of the hearing.
D. The notice shall provide a map of the area in question so as
to indicate its general location and proximity to surrounding
properties .
E. In addition to such publication, the Planning Director shall
post same notice of public hearing not more than thirty days
nor less then ten days prior to the public hearings, on the
site in question as well as on one or more additional
locations , visible to the general public, within the affected
area as deemed appropriate by the Planning Director.
Provisional Adoption 08/19/91 235
F. Said notice of public hearings shall also be made available
upon request to all newspapers, radio, and television stations
serving the jurisdiction for use as a public service
announcement.
G. Such notice shall be sent by mail, not more than thirty days
nor less than ten days prior to the public hearings, to the
applicant and owners of record (or their legal representative)
of the subject property as well as to the owners of record of
all parcels within two hundred ( 200 ) feet of the perimeter of
the subject property.
H. If for some reason, a required property owner fails to receive
mailed notification of a scheduled public hearing, or if one
or more of the required posted signs in the area or on the
site for which the public hearing is being held, is
inadvertently removed through no fault of the City, this in
no way shall invalidate the legal notice requirement of the
scheduled public hearing.
I . Notice may also be provided to property owners in any
additional area that may be substantially impacted by the
proposed variance as determined by the Planning Director.
18 . 56 . 060 VARIANCES - CRITERIA FOR CONSIDERATION
In approving an application for a variance, the Board or Commission
shall designate such lawful conditions as will secure substantial
protection for the public health, safety, and general welfare, and
shall find as follows :
A. That the variance will not be contrary to the public interest.
B . That a literal enforcement of the Zoning Ordinance will result
in unnecessary hardship owing to conditions unique to the
property.
C. The spirit of the Ordinance will be observed and substantial
justice done.
18 . 56 . 070 VARIANCES - CONDITIONS OF APPROVAL
Any approval under this chapter shall be subject to the terms of
the conditions designated in connection therein.
18 . 56 . 080 APPEALS FROM BOARD OF ADJUSTMENT OR CITY COMMISSION
DETERMINATIONS
Any person or persons , jointly or severally, aggrieved by any
decision of the Board of Adjustment or City Commission under this
Chapter, or any taxpayer, or any officer, department, board or
bureau of the municipality, may present to a court of record a
Provisional Adoption 08/19/91 236
petition, duly verified, setting forth that such decision is
illegal in whole or in part specifying the grounds of illegality.
Such petition shall be presented to the court within thirty days
after the filing of the decision in the office of the Board or
Commission.
18 . 56 . 090 EFFECTIVE TIME FOR BOARD OR COMMISSION DECISIONS
VARIANCES VOID WHEN
The decision of the Board of Adjustment or City Commission shall
be final except as provided in Section 18 . 66 . 080 and if a building
permit or land use permit is not obtained for the subject property
within six months from the date of the Board or Commission' s
decision, the variance shall be automatically cancelled and become
null and void.
Provisional Adoption 08/19/91 237
CHAPTER 18 . 58
PLAN APPEALS PROCEDURE
18 . 58 . 010 DEFINITIONS
The following words, terms and phrases , when used in this Chapter,
shall have the following meanings :
Aggrieved Person shall mean a person who has a direct, immediate,
substantial and legally cognizable interest in the final decision
of an agency, board, or commission, which interest would be
prejudiced by the decision or benefitted by its reversal .
Appellant shall mean an aggrieved person who has taken an appeal
from an agency, board or commission to another body designated
herein by the filing of a notice of appeal .
Applicant shall mean the person who or organization which submitted
the application to the agency, board or commission whose decision
has been appealed.
Final Decision shall mean the action of an agency, board or
commission by vote of a majority of its members when no further
rehearing is available before such agency, board or commission .
18 . 58 . 020 APPLICATION OF APPEAL PROCEDURES
Appeals from agencies, boards and commissions to other agencies,
boards and commissions of City Government or the courts are set
forth in the various sections of this Zoning Ordinance. Said
appeals are permitted under the provisions of this section in the
manner set forth herein.
A. Boards and Agencies - These appeal procedures shall apply to
the decisions brought forth by the following:
* Development Review Committee (DRC) ;
* City-County Planning Board (PB) ;
* Design Review Board (DRB) ;
B. Order of Appeals
Appeals from any board or agency shall follow the following
order:
DRC to City Commission
Provisional Adoption 08/19/91 238
DRB to City Commission
PB to City Commission
18 . 58 . 030 APPEAL OF FINAL DECISION PERMITTED
An aggrieved person may appeal the final decision of any agency,
board or commission to which this appeal procedure applies in the
manner provided in this section.
18 . 58 . 040 FILING OF NOTICE OF APPEAL
An appeal shall be taken by filing with the Planning Director a
notice of intent to appeal by noon on the Friday following the
final decision of the agency, board or commission to which this
section applies, and a documented appeal within seven (7 ) calendar
days of the final decision of the agency, board or commission to
which this section applies . Such notice of intent to appeal shall
include the following:
A. The action of the agency, board or commission which is the
subject of the appeal;
B. The date of such action;
C. The name, address, telephone number and relationship of the
appellant to the subject of the action of the agency, board
or commission;
The documented appeal shall include in addition:
A. The grounds for the appeal, including specific allegations to
be considered on appeal .
18 . 58 . 050 NOTICE OF APPEAL
Notification of appeal procedures shall be included in the initial
posting and notice of the proposal . Once notice of intent to
appeal has been filed, the property in question will be reposted
and notice of the appeal hearing provided to the Bozeman Chronicle .
18 . 58 .060 RECORD ON APPEAL
Any appeal shall be an appeal on the record of the hearing before
the agency, board or commission. The record provided to the appeal
body shall include the following:
A. Detailed minutes of the proceedings before the agency, board
or commission from which the appeal has been taken;
B. All exhibits , including, without limitation, all writings,
drawings , maps , charts, graphs, photographs and other tangible
Provisional Adoption 08/19/91 239
items received or viewed by the agency, board or commission
at the proceedings;
C . A verbatim transcript of such proceedings before the agency,
board or commission, or any portion thereof, at the option
and expense of any aggrieved party.
18 . 58 . 070 SCHEDULING OF THE HEARING
The dates, times and locations for hearing appeal( s) before the
appropriate body(s ) shall be included in the reposting of the
property in question, and in the notice of the appeal hearing
provided to the Bozeman Chronicle .
18 . 58 . 080 PROCEDURE OF THE HEARING
A. At the hearing on the appeal, the following procedure shall
be followed:
The presentation of argument on the merits of the appeal shall
be made in the following order, subject to such limitations,
in time and scope as may be imposed at the discretion of the
presiding officer:
1 . Explanation of the nature of the appeal and presentation
by Planning Staff;
2 . Presentation of argument by the appellant and any
aggrieved person in support of the appellant;
3 . Presentation or argument by an aggrieved person who is
an opponent of the appeal; and
4. Motion, discussion and vote by the Appellate Body.
B . No person making a presentation shall be subject to cross-
examination except that members of the Appellate Body and the
City Attorney may inquire of such person for the purpose of
eliciting information and for the purpose of clarifying
information presented.
18 . 58 . 090 ALTERNATIVE ACTIONS AVAILABLE TO THE APPELLATE BODY
The Appellate Body shall consider an appeal based upon the record
on appeal and relevant provisions of the Zoning Ordinance. Only
evidence relevant to the grounds for the appeal shall be heard.
At the conclusion of such hearing, the Appellate Body shall uphold,
overturn or modify the decision of the agency or board.
Provisional Adoption 08/19/91 240
CHAPTER 18 . 62
ADMINISTRATION, PERMITS AND FEES
18 . 62 . 010 ADMINISTRATION AND ENFORCEMENT - PLANNING DIRECTOR
AUTHORITY
A. The Planning Director, or his/her designated representative,
shall administer and enforce this Ordinance. He may be
provided with the assistance of such other persons as the
Planning Director may direct and those assistants shall have
essentially the same responsibilities as directed by the
Planning Director.
B . If the Planning Director shall find that any of the provisions
of this title are being violated, he shall notify in writing
the person responsible for such violations, indicating the
nature of the violation and ordering the action necessary to
correct it. He shall order discontinuance of illegal use of
land, illegal additions, alterations, or structural changes;
discontinuance of any illegal work being done; or shall take
any other action authorized by this title to insure compliance
with or prevent violation of its provisions .
18 . 62 . 020 PLANNING DIRECTOR AND BUILDING OFFICIAL-PLAN
APPLICATION CHECKING-NOTICE OF NON-COMPLIANCE
A. It is the intent of this Ordinance that the Planning Director
and Building Official shall check all plans and applications
for permits for compliance with this Ordinance both before and
during construction.
B. If, during this procedure, the Planning Director and/or the
Building Official deems that the proposed plan or construction
does not comply with this Ordinance, he shall inform the
applicant of the infraction and shall stop all construction
on the project until such time as the applicant, builder or
principal revises his plan to conform to this Ordinance or
obtains a variance, conditional use permit or zone change, as
set forth in this Ordinance .
18 . 62 . 030 BUILDING PERMIT REOUIREMENTS
No building or other structure shall be erected, moved, added to,
or structurally altered and no land use shall be changed without
valid permits as prescribed in this Chapter.
A. Building Permit. Within the limits of the City and its extra-
territorial zoning limits , building permits shall be obtained
by following the latest version of the Uniform Building Code
( International Conference of Building Officials , 5360 South
Provisional Adoption 08/19/91 241
Workman Mill Road, Whittier, California) adopted by the City
of Bozeman.
B, The building permit shall be obtained by application to the
City Building Official . Applications shall be accompanied by
plans in duplicate, drawn to scale showing the actual dimen-
sions and shape of the lot to be built upon, the legal
description of the parcel; the exact sizes and location on
the lot( s ) of buildings already existing, if any; the location
and dimensions of the proposed buildings or alternatives, and
two copies of the approved Site Plan or Sketch Plan as
approved under Chapters 18 . 52, 18 . 53 , 18 . 54, etc . of this
Ordinance.
C. One copy of the plans shall be returned to the applicant after
the Building Official and Planning Director have marked each
copy either as approved or disapproved and attested to same
by their signatures . The second copy similarly marked shall
be retained by the Building Division.
D. Approval of any plan that has been granted based upon false
information provided by the applicant shall be deemed void.
18 . 62 . 040 PERMIT ISSUANCE-CONFORMITY WITH REGULATIONS REQUIRED
A. No permit, or license of any type shall be issued unless in
conformance with the regulations contained within this
Ordinance. Permits issued on the basis of plans and
applications approved by the Building Official and Planning
Director authorize only the use, arrangement, and construction
set forth in such approved plans and applications, and no
other use, arrangement or construction. Use, arrangement or
construction at variance with that authorized shall be deemed
a violation of this Ordinance, punishable as provided in
Chapter 18 . 70 .
18 . 62 . 050 PERMITS ISSUED CONTRARY TO TITLE DEEMED VOID
Any building permit, or any authorization issued, granted, or
approved in violation of the provisions of this Ordinance shall be
null and void and of no effect without the necessity of any
proceedings or a revocation or nullification thereof, and any work
undertaken or use established pursuant to any such building permit
or other authorization shall be unlawful .
18 . 62 . 060 EXPIRATION OF PERMITS
Every permit issued by the Building Official under the provisions
of this Ordinance shall expire by limitation and become null and
void if the building or work authorized by such permit has not
commenced within 180 days from the date of such permits, or if the
building or work authorized by such permit is suspended or
Provisional Adoption 08/19/91 242
abandoned at any time after the work is commenced for a period of
one-hundred twenty days . Before such work can be recommenced, a
new permit shall first be obtained to do so, and the fee therefore
shall be one-half the amount required for a new permit for such
work, provided no changes have been made or will be made in the
original plans and specifications for the work; and provided
further that such suspension or abandonment has not exceeded one
year.
18 . 62 .070 STOP WORK ORDER-PLANNING DIRECTOR AND/OR BUILDING
OFFICIAL AUTHORITY
Whenever any building work is being done contrary to the provisions
of this Ordinance, the Planning Director and/or Building Official
shall order the work stopped by notice in writing served on any
person engaged in doing or causing such work to be done, and any
such person shall forthwith stop such work until authorized by the
Planning Director and/or Building Official to proceed with the
work.
18 . 62 . 080 ENFORCEMENT - PLANNING DIRECTOR
This Ordinance shall be enforced by the Planning Director and his
authorized representatives . No building permit or business or
occupational use license shall be issued, except in compliance with
the provisions of this Ordinance.
18 . 62 . 090 BUILDING PERMITS AND INSTALLATION OF IMPROVEMENTS
The purpose of this Section is to establish the requirements for
the scheduling and installation of all on-site and off-site
improvements which are required as per the standards set forth in
this Code, or which are required as a result of any conditions
which may be applied to the approval of any project through the
appropriate review process . Such improvements may include but are
not limited to design elements such as landscaping, parking
facilities, storm drainage facilities, architectural features,
pedestrian walkways, and public utilities .
A. Minor site surface preparation and normal maintenance shall
be allowed prior to the issuance of a Building Permit,
providing that such activity does not include excavation for
foundations or the removal of mature, healthy vegetation.
B . A Building Permit must be obtained within one year of Final
Site or Sketch Plan Approval . Building Permits will not be
issued until the Final Site or Sketch Plan is approved.
C . At the time of Final Site Plan approval, the applicant shall
enter into an Improvements Agreement with the City. Detailed
cost estimates and construction plans of all required on-site
Provisional Adoption 08/19/91 243
and off-site improvements shall be made a part of the
Agreement.
D. No Building Permit shall be issued for any building or use
for which Site Plan or Sketch Plan Approval is required unless
such approval has been obtained. Except as provided for in
E . , below, no occupancy shall be permitted or Certificate of
Occupancy issued unless the terms and details of an approved
Site or Sketch Plan are met. The DRC and/or DRB or their
representative shall conduct an "as-built" inspection to
verify compliance and shall sign off on a Certificate of
Occupancy if all terms and details of the approval are
complied with.
E . If occupancy of the structure or commencement of the use is
to occur prior to installation of the required improvements,
the Improvements Agreement, described in C. , above, must be
secured by a method of security equal to one and one-half
times the amount of the estimated cost of the scheduled
improvements not yet installed. Said method of security shall
be valid for a period of not less than twelve ( 12 ) months;
however, all on-site and off-site improvements shall be
completed by the applicant within nine (9 ) months of occupancy
or the security shall be forfeited to the City for the purpose
of installing or contracting for the installation of the
required improvements .
F. In those instances where occupancy is to occur before the
installation of all required improvements, the DRC and/or DRB
shall determine which, if any, of the required improvements
must be installed prior to occupancy. Such determinations
shall be based on a finding that unsafe or hazardous
conditions will be created or perpetuated without the
installation of certain improvements or that the property will
have an unacceptable adverse impact on adjoining properties
until such improvements are installed.
G. When all provisions are met for occupancy of a facility or
commencement of a use prior to the installation of all
improvements, the Building Official may issue a Temporary
Certificate of Occupancy which allows occupancy of the
facility on a temporary basis for a period not to exceed nine
( 9 ) months . When all required improvements are installed in
compliance with all terms and details of the Site or Sketch
Plan approval, the Temporary Occupancy Permit shall be
withdrawn and a permanent Certificate of Occupancy shall be
issued according to the provisions of this Chapter.
Provisional Adoption 08/19/91 244
18 . 62 . 100 FEE SCHEDULE
The City Commission shall establish a schedule of fees, charges ,
and expenses and a collection procedure for building permits,
appeals, and other matters pertaining to this Ordinance . The
schedule of fees for the procedures listed below shall be set from
time to time by the City Commission by resolution . The fees shall
be posted in the office of the Planning Director and may be altered
or amended only by the City Commission.
A. Zone Map Change I . Recreational Vehicle Parks
B . Zone Code Amendment J. Conditional Uses
C. Variance K. Temporary Signs
D. Planned Unit Development L. Certificates of
E. Site Plan Review - Major Appropriateness
- Minor M. Floodplain Processing
F. Sign Review Fee
G. Special Temporary Use N. Submittal Compliance
H. Mobile Home Parks Check Fee
No permit, zone change, site plan, conditional use, special
temporary use, planned unit development, or variance shall be
issued unless or until such costs, charges, fees , or expenses have
been paid in full, nor shall any action be taken on proceedings
before the Development Review Committee, the Design Review Board,
the Planning Board, City Commission, or the Board of Adjustment,
until fees have been paid, in full .
Provisional Adoption 08/19/91 245
BOZEMAN AREA SIGN CODE
8-19-91
Ordinance Contents
18 . 65 . 010 INTENT AND PURPOSES
18 . 65 . 020 APPLICABILITY - EFFECT
18 . 65 . 030 DEFINITIONS AND INTERPRETATION
18 . 65 . 040 COMPUTATIONS
18 . 65 . 050 SIGNS ALLOWED ON PRIVATE PROPERTY WITH AND WITHOUT
PERMITS
A. Permitted Signs by Type and Zoning District
B. Maximum Total Sign Area
C. Number, Dimensions, and Location
D. Number, Dimensions of Certain Individual Signs
E. Permitted Sign Characteristics
18 . 65 . 060 PERMITS REQUIRED
18 . 65 . 070 DESIGN, CONSTRUCTION, AND MAINTENANCE
18 . 65 . 080 MASTER OR COMMON SIGNAGE PLAN
18 . 65 . 090 SIGNS IN THE PUBLIC RIGHT-OF-WAY
18 . 65 . 100 SIGNS EXEMPT FROM REGULATION UNDER THIS ORDINANCE
18 . 65 . 110 SIGNS PROHIBITED UNDER THIS ORDINANCE
18 . 65 . 120 GENERAL PERMIT PROCEDURES
18 . 65 . 130 PERMITS TO CONSTRUCT OR MODIFY SIGNS
18 . 65 . 140 SIGN PERMITS - CONTINUING
18 . 65 . 150 TEMPORARY SIGN PERMITS (PRIVATE PROPERTY)
18 . 65 . 160 PERMITS FOR SIGNS IN THE PUBLIC RIGHT-OF-WAY
18 . 65 . 170 TIME OF COMPLIANCE : NONCONFORMING SIGNS AND SIGNS
WITHOUT PERMITS
18 . 65 . 180 VIOLATIONS
Provisional Adoption 08/19/91 246
18 . 65 . 190 ENFORCEMENT AND REMEDIES
18 . 65 . 200 APPENDIX
A. Examples For Determining Area And Height Of
Signs
B . Entryway Corridors Design Objective Plans
Provisional Adoption 08/19/91 247
BOZEMAN AREA sl,_
18 . 65 . 010 INTENT AND PURPOSES
It is the intent and purpose of this code to promote the health,
safety and welfare of the residents and visitors of the City of
Bozeman by regulating and controlling the size, location, type,
quality of materials, height, maintenance, and construction of all
signs and sign structures not located within a building for the
following reasons :
A. To preserve the Bozeman area' s natural scenic beauty;
B. To contribute to inviting entrances into Bozeman by
eliminating clutter associated, in part, with the unrestricted
proliferation of signs, lights, flags, and similar devises;
C. To encourage area beautification through creative,
interrelated design of signage, landscaping, buildings , access
and parking that enhances the community' s built and natural
environment;
D. To give all businesses an equal opportunity to have a sign
that will help people find the services they need;
E . To ensure that pedestrians and motorists are protected from
damage or injury caused or partly attributable to the
distractions and obstructions which are caused by improperly
situated signs .
The City Commission recognizes that signs are necessary means of
visual communication for the public convenience and that business ,
services, and other activities have the right to identify
themselves by using signs that are accessory and incidental to the
use on the premises where the signs are located. In this chapter
the commission intends to provide a reasonable balance between the
right of an individual to identify its business and the right of
the public to be protected from the visual discord that results
from the unrestricted proliferation of signs . The commission also
intends by this chapter to insure that signs are compatible with
adjacent land uses and with the total visual environment of the
community.
The City Commission also recognizes the right of residents of the
city and its Extraterritorial Zoning Jurisdiction to fully exercise
their right to free speech by the use of signs containing
noncommercial messages that are subject to minimum regulation,
including structural safety, setbacks, and size .
Provisional Adoption 08/19/91 248
The City Commission further recognizes that it is in the best
interest of the community to implement the provisions of this
chapter in a manner that is most expeditious and least costly and
disruptive to businesses and organizations that may be affected by
its requirements . To accommodate this objective, Section 18 . 65 . 030
establishes certain exemptions and alternative procedures utilizing
design review by the Design Review Board (DRB) . The deliberations
and decisions of the DRB shall be directed to accomplish the intent
and purpose of this section .
Nothing in this chapter shall be construed to apply to temporary
decorations, lights , exhibits, or related material associated with
festivals , holidays , or community events .
It is determined that the regulations contained herein are the
minimum necessary to further the interests of this code.
18 . 65 . 020 APPLICABILITY - EFFECT
A sign may be erected, placed, established, painted, created, or
maintained in the city and its Extraterritorial Zoning Jurisdiction
only in conformance with the standards, procedures, exemptions, and
other requirements of this ordinance.
The effect of this ordinance as more specifically set forth herein,
is :
To establish a permit system to allow a variety of types of
signs in commercial and industrial zones, and a limited
variety of signs in other zones , subject to the standards and
the permit procedures of this ordinance;
To allow certain signs that are small, unobtrusive, and
incidental to the principal use of the respective lots on
which they are located, subject to the substantive
requirements of this ordinance, but without a requirement for
permits;
To provide for temporary signs without commercial messages in
limited circumstances in the public right-of-way;
To prohibit all signs not expressly permitted by this
ordinance; and
To provide for the enforcement of the provisions of this
ordinance.
18 . 65 . 030 DEFINITIONS AND INTERPRETATION
Words and phrases used in this ordinance shall have the meanings
set forth in this section. Words and phrases not defined in this
section but defined in the zoning ordinance of the city and its
Provisional Adoption 08/19/91 249
Extraterritorial Zoning Jurisdiction shall be given the meanings
set forth in such ordinance. Principles for computing sign area
and sign height are contained in Section 18 . 65 . 040 . All other
words and phrases shall be given their common, ordinary meaning,
unless the context clearly requires otherwise. Section headings
or captions are for reference purposes only and shall not be used
in the interpretation of this ordinance.
abandoned sign - A sign is abandoned when it pertains to a time or
event which no longer exists or when the purpose for which the
permit for the sign was approved has been fulfilled or no longer
exists .
animated sign Any sign that uses movement or change of lighting
to depict action or create a special effect or scene .
banner Any sign of lightweight fabric or similar material that
is permanently mounted to a pole or a building by a permanent frame
at one or more edges . National flags, state or municipal flags,
or the official flag of any institution or business shall not be
considered banners .
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.
building marker Any sign indicating the name of a building and
date and incidental information about its construction, which sign
is cut into a masonry surface or made of bronze or other permanent
material .
building sign Any sign attached to any part of a building, as
contrasted to a freestanding sign.
canopy sign Any sign that is a part of or attached to an awning,
canopy, or other fabric, plastic, or structural protective cover
over a door, entrance, window, or outdoor service area. A marquee
is not a canopy.
changeable copy sign A sign or portion thereof with characters ,
letters, or illustrations that can be changed or rearranged without
altering the face or the surface of the sign. A sign on which the
message changes more than eight times per day shall be considered
an animated sign and not a changeable copy sign for purposes of
this ordinance. A sign on which the only copy that changes is an
electronic or mechanical indication of time or temperature shall
be considered a "time and temperature" portion of a sign and not
a changeable copy sign for purposes of this ordinance .
commercial message Any sign wording, logo, or other
representation that, directly or indirectly, names, advertises, or
Provisional Adoption 08/19/91 250
calls attention to a business, product, service, or other
commercial activity.
Director The Planning Director of the city and its
Extraterritorial Zoning Jurisdiction or his or her designee.
flag Any fabric, banner, or bunting containing distinctive
colors , patterns, or symbols, used as a symbol of a government,
political subdivision, or other entity.
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.
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 legible from a position off the zone lot on
which the sign is located shall be considered incidental .
interstate sign A sign containing advertising copy and/or the
name of the business or use which is expressly intended to attract
business from those traveling on the U. S . Interstate system.
lot Any piece or parcel of land or a portion of a subdivision,
the boundaries of which have been established by some legal
instrument of record, that is recognized and intended as a unit
for the purpose of transfer of ownership.
marquee Any permanent roof-like structure projecting beyond a
building or extending along and projecting beyond the wall of the
building, generally designed and constructed to provide protection
from the weather.
marquee sign Any sign attached to, in any manner, or made apart
of a marquee.
nonconforming sign Any sign that does not conform to the
requirements of this ordinance.
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 in series, designed to move in the
wind.
person Any association, company, corporation, firm, organization,
or partnership, singular or plural, of any kind.
portable sign Any sign not permanently attached to the ground or
other permanent structure, or a sign designed to be transported,
including, but not limited to, signs designed to be transported by
Provisional Adoption 08/19/91 251
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 .
principal building The building in which is conducted the
principal use of the zone lot on which it is located. Zone lots
with multiple principal uses may have multiple principal buildings,
but storage buildings, garages, and other clearly accessory uses
shall not be considered principal buildings .
projecting sign Any sign affixed to a building or wall in such
a manner that it ' s leading edge extends more than six inches beyond
the surface of such building or wall .
residential sign Any sign located in a district zoned for
residential uses that contains no commercial message except
advertising for goods or services legally offered on the premises
where the sign is located, if offering such service at such
location conforms with all requirements of the zoning ordinance.
roof sign Any sign erected and constructed wholly on and over
the roof of a building, supported by the roof structure, and
extending vertically above any portion of the roof .
roof sign, integral Any sign erected or constructed as an
integral or essentially integral part of a normal roof structure
of any design, such that no part of the sign extends vertically
above the highest portion of the roof and such that no part of the
sign is separated from the rest of the roof by a space of more than
six inches .
setback The distance from the property line to the nearest part
of the applicable building, structure, or sign, measured
perpendicularly to the property line.
sidewalk sign A temporary and moveable sign placed on the
sidewalk. Maximum 6 square feet .
sign Any device, fixture, placard, or structure that uses any
color, form, graphic, illumination, symbol , or writing to
advertise, announce the purpose of, or identify the purpose of a
person or entity, or to communicate information of any kind to the
public .
street A strip of land or way subject to vehicular traffic (as
well as pedestrian traffic) that provides direct or indirect access
to property, including, but not limited to, alleys, avenues ,
boulevards, courts, drives, highways, lanes , places , roads,
terraces, trails, or other thoroughfares .
Provisional Adoption 08/19/91 252
street frontage The distance for which a lot line of a zone lot
adjoins a public street, from one lot line intersecting said street
to the furthest distant lot line intersecting the same street .
suspended sign A sign that is suspended from the underside of a
horizontal plane surface and is supported by such surface.
temporary sign Any sign that is used only temporarily and is not
permanently mounted.
wall sign Any sign attached parallel to, but within six inches
of, a wall, painted on the wall surface of, or erected and confined
within the limits of an outside wall of any building or structure,
which is supported by such wall or building, and which displays
only one sign surface.
window sign Any sign, pictures, symbol, or combination thereof,
designed to communicate information about an activity, business,
commodity, event, sale, or service, that is placed inside a window
or upon the window panes or glass and is visible from the exterior
of the window.
zone lot A parcel of land in single ownership that is of
sufficient size to meet minimum zoning requirements for area,
coverage, and use, and that can provide such yards and other open
spaces as required by the zoning regulations .
18 . 65 . 040 COMPUTATIONS
The following principles shall control the computation of sign area
and sign height.
A. Computation of Area of Individual Sians
The area of a sign face (which is also the sign area of a wall
sign or other sign with only one face) shall be computed by
means of the smallest square, circle, rectangle, triangle, or
combination thereof that will encompass the extreme limits of
the writing, representation, emblem, or other display,
together with any material or color forming an integral part
of the background of the display or used to differentiate the
sign from the backdrop or structure against which it is
placed, but not including any supporting framework, bracing,
or decorative fence or wall when such fence or wall otherwise
meets zoning ordinance regulations and is clearly incidental
to the display itself .
B. Computation of Area of Multifaced Sians
The sign area for a sign with more than one face shall be
computed by adding together the area of all sign faces visible
from any one point. When two identical sign faces are placed
Provisional Adoption 08/19/91 253
back to back, so that both faces cannot be viewed from any
point at the same time, and when such sign faces are part a
of the same sign structure and are not more than 42 inches
apart, the sign area shall be computed by the measurement of
one of the faces .
C . Computation of Heiaht
The height of a sign shall be computed as the distance from
the base of the sign at normal grade to the top of the highest
attached component of the sign. Normal grade shall be
construed to be the lower of ( 1 ) existing grade prior to
construction or (2 ) the newly established grade after
construction, exclusive of any filling, berming, mounding, or
excavating solely for the purpose of locating the sign. In
cases in which the normal grade cannot reasonably be
determined, sign height shall be computed on the assumption
that the elevation of the normal grade at the base of the sign
is equal to the elevation of the nearest point of the crown
of a public street or the grade of the land at the principal
entrance to the principal structure on the zone lot, whichever
is lower.
D. Computation of Maximum Total Permitted Sian Area for a Zone
Lot
The permitted sum of the area of all individual signs on a
zone lot shall be computed by applying the formula contained
in Table 18 . 65 . 050 .B, Maximum Total Sign Area, to the lot
frontage, building area, or wall area, as appropriate, for
the zoning district in which the lot is located. Lots
fronting on two or more streets are allowed the permitted sign
area for each street frontage. However, the total sign area
that is oriented toward a particular street may not exceed the
portion of the lot' s total sign area allocation that is
derived from the lot, building, or wall area frontage on that
street .
18 . 65 . 050 SIGNS ALLOWED ON PRIVATE PROPERTY WITH AND WITHOUT
PERMITS
Signs shall be allowed on private property in the city and its
Extraterritorial Zoning Jurisdiction in accordance with, and only
in accordance with, Table, 18 . 65 . 050 .A. If the letter "P" appears
for a sign type in a column, such sign is allowed without prior
permit approval in the zoning districts represented by that column.
If the letter "S" appears for a sign type in a column, such sign
is allowed only with prior permit approval in the zoning districts
represented by that column. Special conditions may apply in some
cases. If the letter "N" appears for a sign type in a column, such
a sign is not allowed in the zoning districts represented by that
column under any circumstances .
Provisional Adoption 08/19/91 254
Although permitted under the previous paragraph, a sign designated
by an "S" , "SR" , or "P" in Table 18 . 65 . 050 .A shall be allowed only
if :
The sum of the area of all building and freestanding signs on
the zone lot conforms with the maximum permitted sign area as
determined by the formula for the zoning district in which the
lot is located as specified in Table 18 . 65 . 050 . B;
The size, location, and number of signs on the lot conform
with the requirements of Tables 18 . 65 . 050 .0 and 18 . 65 . 050 .D,
which establish permitted sign dimensions by sign type, and
with any additional limitations listed in Table 18 . 65 . 050 .A;
The characteristics of the sign conform with the limitations
of Table 18 . 65 . 050 .E Permitted Sign Characteristics, and with
any additional limitations on characteristics listed in Table
18 . 65 . 050 .A.
Provisional Adoption 08/19/91 255
A KEY TO TABLES 18.65.050.A. THROUGH 18.65.050_E,
On the tables in this ordinance, which are organized by zoning district, the headings have the following meanings:
AS Agriculture Suburban District 8-1 B-1 Neighborhood Service District
R R-S Residential, Suburban Country Estates District 6-2 6-2 Community Business District
R-1 Residential, Single Family, Low Density District B-3 8-3 Central Business District
R-2 Residential, Single Family, Medium Density District M M-1 Commercial - Light Manufacturing District
R-2a Residential, Single Family, Medium Density District M-2 Manufacturing And Industrial District
R-3a Residential, Two Family, Medium Density District BP BP Business Park District
RM R-3 Residential, Medium-Density District PLI Public Lands And Institutions District
R-MH Residential, Single Family Mobile Home District HMU Historic Mixed Use District
RH R-4 Residential, High-Density District NC Neighborhood Conservation And Historic
RO R-0 Residential, Office District Preservation Overlay District
EO Bozeman Area Entryway Overlay District
TABLE 18.65.050_A. PERMITTED SIGNS BY TYPE AND ZONING DISTRICT
Sign Type AS R RM RH R-O B-1 B-2 B-3 M BP PLI HMU NC EO
Freestanding
Residential' P P P P P N N N N N N N SR N
Others S/SR S/SR S S S S/SR S S S S S S/SR SR S/SR
Incidentals N N Pd Pd Pd Pd P P P P P P P` S/SR
Interstate N N N N N N S N N N N N N Si
Temporary S S S S S S/SR S S S S S S SR S/SR
Building
Banner N N N N N N S S S S S S/SR N S/SR
Building Markere P P P P P P P P P P P P SR P
Canopy N N N N N S/SR S S S S S S/SR SR S/SR
Identificationd P P P P P P P P P P P P SR P
Incidental N N Pf Pf Pt PC P P P P P P N P
Marquee N NI N N N N S S N N N S/SR SR S/SR
Projecting N N N N N S/SR S S S S S S/SR SR S/SR
Residentialh P P P P P N N N N N N N SR N
Roof N N N N N N N N N N N N N N
Roof, Integral N N N N N N S S N N N S/SR SR S/SR
Suspended P N S S N S/SR S S S S S S/SR SR S/SR
Temporaryg N N N P P P P P N N P N N P
Wall P P S S S S/SR S S S S S S/SR SR S/SR
Window N N N N N Pi P) Pi N P) N N P) PJ
Miscellaneous
Banner' N N N N N S/SR S S N N N S/SR SR S/SR
Flagh P P P P P P P P P P P P P P
Portable N N N N N N N N N N N N N N
P = Allowed without sign permit SR = Allowed only with sign permit and Certificate of Appropriateness from
S = Allowed only with sign permit the Design Review Board (DRB)
N - Not Allowed S/SR = Allowed with sign permit only if in compliance with all applicable
standards; allowed only with sign permit and Certificate of
Appropriateness if any exceptions to specific conformity are requested
a. (reserve)
b. No commercial message allowed on sign, except for a commercial message drawing attention to an activity legally
offered on the premises.
c. No commercial message of any kind allowed on sign if such message is legible from any location off the zone lot on
which the sign is located.
d. Only address and name of occupant allowed on sign.
e. May include only building name, date of construction, or historical data on historic site; must be cut or etched
into masonry, bronze, or similar material.
Provisional Adoption 08/19/91 256
f. No commercial message of any kind allowed on sign.
g. The conditions of Section 18.65.150. of this ordinance apply.
h. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States,
and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, shall be flown
in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag
flown in accordance with such protocol shall be considered a banner sign and shall be subject to regulation as such.
1. See Entryway Overlay District design objectives for boundaries of the interstate signage district.
j. Window signs shall not occupy more than 25% of total window area.
Provisional Adoption 08/19/91 257
TABLE 18.65.050.B_ MAXIMUM TOTAL SIGN AREA PER ZONE LOT BY ZONING DISTRICTa
AS R RM RH R-0 6-1 B-2 8-3 M BP PLI HMUd ONd oEa
The maximum total area of all signs on a zone lot except incidental, building starker, and
identification signs, and flags` shall not exceed the lesser of the following:
Maximum Number of
Total Square Feete 16 2 32 32 32 64 400 250 250 250 64 64 b. b.
Percentage of
Ground Floor Area of
Principal Building NA NA NA NA NA 2% 10% 2% 2% 2% 2% 2% b. b.
Square Feet of Signage
Per Linear Foot of
Street Frontage NA NA .5 .5 .5 1.0 1.5 1.5 NA 1.5 1.0 1.0 b. b.
a. Exceptions To Specific Conformity
Nothing herein shall be construed as requiring the removal of existing off-premise signs (billboards) located within
the jurisdiction of the Montana Outdoor Advertising Act, the Federal Highway Beautification Act, and the City of
Bozeman, as long as said off-premise signs are in compliance with said Acts and other applicable federal, state,
and local regulations.
Other exceptions to the area limitations of this table may be granted solely by the City Commission under the
following circumstances:
1. Notwithstanding the general and specific provisions of this chapter, certain nonconforming signs that are
deemed to be a positive contributing element to the Bozeman area's developmental character may be retained
and preserved. Such determination shall be made by the DRB in the same manner as provided for in the issuance
of a "Certificate of Appropriateness" as set forth in Chapter 18.42 of this ordinance. For the purpose of
making these determinations, the DRB's authority shall include the entire zoning jurisdictional area and
include all signs irrespective of their age or lack of relationship with historic landmarks or districts.
2. Within the Bozeman Area Entryway Overlay District, signage may exceed the limitations imposed by this Table
by up to 20% upon review and approval by the Design Review Board and upon receipt of a Certificate of
Appropriateness.
i. Signage in conjunction with landscaping, architectural character, scenic views, parking, access,
utilities, lighting, pedestrian and bicyclist safety, will be evaluated against the Entryway Overlay
District Design Objectives Plans.
ii. The owner/sign user shall have the burden of satisfactorily showing the proposal meets either the
specific provisions of this chapter or the Design Objectives Plans of the plan encompassing the
property's location.
iii. Interstate signage, where permitted by Design Objective Plans, may be in excess of the maximum totals
permitted by this table.
b. The underlying zoning district shall represent the maximum total sign area per zone lot, however, this total may
be reduced by ORB to maintain the character of the neighborhood in which the zoning lot is located.
c. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States,
and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, shall be flown
in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag
not flown in accorance with such protocol shall be considered a banner sign and shall be subject to regulation as
such.
d. Within this district all signage is subject to DRB review and issuance of a Certificate of Appropriateness.
e. For every one square foot of sign constructed there shall be a minimum of four square feet of landscaping required
in excess of minimum required by landscaping ordinance. Or subject to Design Review Board approval, trees or
alternative exterior amenities may be substituted.
Provisional Adoption 08/19/91 258
TABLE 18.65.050.C_ NUMBER, DIMENSIONS, AND LOCATION OF INDIVIDUAL SIGNS BY ZONING DISTRICTa
Sign Type AS R RM RH R-0 B-1 8-2 8-3 M BP PLI HMUf ON( oe
Individual signs shall not exceed the applicable maximum number dimensions or setbacks shown on this table and on
Table 18.65.050.D.
Freestanding
Area (sq. ft.) 16 2 12 12 12 32 48b 4gb 4b 48h 481' 48h g, g_
Height (feet) 5 5 5 5 5 8 8b 8' 8' 8 8b 8' g. g.
Setback (sq. ft.)c 5 5 5 5 5 5 10 5 10 10 5 5 g. g.
Number Permitted
Per Zone Lot 1 1 NA 1 NA 1 NA NA NA NA NA NA g. g.
Per Feet of
Street Frontaged NA NA 1 per NA 1 per NA 1 per 1 per 1 per 1 per 1 per 1 per g. g.
200 200 200 100 200 200 200 100 g.g.
Building
Area (max. sq. ft.) 16 2 20 20 20 NA NA NA NA NA NA NA g. g.
Wall Area (percent) NA NA NA NA NA 10% 15% 10% 15% 10% 5Z 5% g. g.
a. Exceptions to specific conformity
Nothing herein shall be construed as requiring the removal of existing off-premise signs (billboards) Located within
the jurisdiction of the Montana Outdoor Advertising Act, the Federal Highway Beautification Act, and the City of
Bozeman, as long as said off-premise signs are in compliance with said Acts and other applicable federal, state,
and local regulations.
Other exceptions to the applicable maximum number, dimensions or setbacks shown on this table may be granted solely
by the City Commission under the following conditions:
1. Notwithstanding the general and specific provisions of this chapter, certain nonconforming signs that are
deemed to be a positive contributing element to the Bozeman area's developmental character may be retained
and preserved. Such determination shall be made by the DRB in the same manner as provided for in the issuance
of a "Certificate of Appropriateness" as set forth in Chapter 18.42 of this ordinance. For the purpose of
making these determinations, the DRB's authority shall include the entire zoning jurisdictional area and
include all signs irrespective of their age or lack of relationship with historic landmarks or districts.
2. Within the Bozeman Area Entryway Overlay District, signage may exceed the limitations imposed by this Table
by up to 20% upon review and approval by the Design Review Board and upon receipt of a Certificate of
Appropriateness.
i. Signage in conjunction with landscaping, architectural character, scenic views, parking, access,
utilities, lighting, pedestrian and bicyclist safety, will be evaluated against the Entryway Overlay
District Design Objectives Plans.
ii. The owner/sign user shall have the burden of satisfactorily showing the proposal meets either the
specific provisions of this chapter or the Design Objectives Plans of the plan encompassing the
property's location.
iii. Interstate signage, where permitted by Design Objective Plans, shall be in excess of the maximum
totals permitted by this table.
b. Freestanding sign(s) shall not exceed a total area of 48 square feet nor eight feet in height, provided,
however, that for every three feet said sign is set back from fifteen feet beyond the street right-of-way,
the height measured at street grade may be increased one foot, not to exceed an aggregate total of twenty-
eight feet, and the area may be increased one and one-half square feet, not to exceed an aggregate total of
ninety-six square feet.
c. In addition to the setback requirements on this table, signs shall be located such that there is at every
street intersection a clear view between heights of 3 feet and 10 feet in the street vision triangle as
described in Section 18.50.080 of the Bozeman Zoning Ordinance.
d. Lots fronting on two or more streets are allowed the permitted signage for each street frontage, but signage
cannot be accumulated and used on one street in excess of that allowed for lots with only one street frontage.
e. The percentage figure here shall mean the percentage of the area of the wall of which such sign is a part.
f. All signage is subject to DRB review and issuance of a Certificate of Appropriateness.
g. This figure shall be in conformance with the underlying zoning district.
Provisional Adoption 08/19/91 259
TABLE 18.65.050.D. NUMBER AND DIMENSIONS OF CERTAIN INDIVIDUAL SIGNS BY SIGN TYPE
Vertical Clearance
From Sidewalk From
Maximum or Private Public
Number Allowed Maximum Sign Area Height Drive or Parking Street
No sign shall exceed any applicable maximum numbers or dimensions, or encroach on any applicable minimum clearance sho,
on this table.
Freestanding
Residential,
Other, and See Table 18.65.050.0 See Table 18.65.050.0 NA NA
Incidental 1 per zone Lot 400 sq. ft. 65 ft. 30 ft. 30 ft.
Interstate
Building NA NA Ht. of bldg. eave 9 ft. 12 ft.
Banner 1 per bldg. 4 sq. ft. NA NA
Bldg. Marker 1 per bldg. 25% of vertical surface of canopy 15 ft. 9 ft. 12 ft.
Canopy 1 per bldg. NA NA NA
Identification
NA 2 sq. ft. NA NA
Incidental 1 per bldg. NA 15 ft. 9 ft. 12 ft.
Marquee 1 per bldg. 48 sq. ft. 15 ft. 9 ft. 12 ft.
Projecting 1 per zone lot NA NA NA
Residential NA NA NA NA
Roof
2 per principal bldg. NA NA NA
)f, Integral 1 per entrance NA 9 ft. NA
,pended See Section 18.65.140 NA NA NA
rporary NA NA NA NA
,all NA NA NA NA
Window
:Miscellaneous
Banner NA NA 9 ft. 12 ft.
Flag NA 60 sq. ft. Ht. of bldg. 9 ft. 12 ft.
Portable NA NA NA NA
Provisional Adoption 08/19/91 260
TABLE 18.65.050.E PERMITTED SIGN CHARACTERISTICS BY ZONING DISTRICT
AS R RM RH 8-0 B-1 B-2 8-3 M BP PLI HMU ON OE
Animated" N N N N N N N SR N N N N N SR
Changeable Copy N N N N N N S S S N S N N SR
Illumination,b
Internale N N N N Na S S S S Sa SR SR SR
Illumination,b
External N N pa Pa PaSa S S S S Sa SR SR SR
Illumination,b
Exposed bulbs
or neon N N N N N N SR S N N SR SR SR
P = Allowed without sign permit SR = Allowed only with sign permit and certificate of appropriateness
S = Allowed only with sign permit from the Design Review Board (DRB).
N = Not allowed
a. No direct light of significant glare form the sign shall be cast onto any adjacent zone lot that is zoned and used
for residential purposes.
b. Signs which are to be illuminated electrically shall require a separate electrical permit in conformity with the
Electrical Code of the City of Bozeman.
c. Illumination
Illuminated signs must conform with the following requirements:
i. Any direct light used for the illumination of a sign shall be shielded so that the beams or rays of light
will not shine directly onto surrounding areas.
ii. Neon light less than 30 milliamps may be direct, between 30 and 60 milliamps must be shielded or diffused,
and above 60 milliamp shall be prohibited.
iii. Internal fluorescent sign lighting shall be limited to 800 milliamps.
iv. Signs in agricultural and residential zoning districts may be non-illuminated, internally illuminated or
indirectly illuminated. Illuminated signs, other than identification signs, shall be turned off between the
hours of 11:00 p.m. and 7:00 a.m. unless illumination is required for safety purposes.
v. Signs in non-residential zoning districts may be indirectly, directly, or internally illuminated. Any
illuminated sign located within three hundred feet of any Lot in a residential zoning district and visible
from said lot shall be turned off no Later than 11:00 p.m. or one-half hour after the use to which it is
appurtenant is closed, whichever is later, and remain off until 7:00 a.m., but this time Limit does not apply
to any light primarily used for the protection of the premises or provisions of light for safety reasons.
Prohibited Lighting
i. Open light bulbs, excluding neon less than 30 milliamps.
ii. Blinking, flashing or rotating Lights except in those situations in which attention-drawing devices are
required to alert the public to a potential hazard.
d. Movement Limitations
The movement of a sign or signs, or any parts thereof, shall be limited to two revolutions, changes, or actions per
minute and shall not be designed or operated in a manner which will simulate blinking, lashing, or rotating lights.
Provisional Adoption 08/19/91 261
18 . 65 . 060 PERMITS REQUIRED
If a sign requiring a permit under the provision of this ordinance
is to be placed, constructed, erected, or modified on a zone lot,
the owner of the lot shall secure a sign permit prior to the
construction, placement, erection, or modification of such a sign
in accordance with the requirements of Section 18 . 65 . 130 .
Furthermore, the property owner shall maintain in force, at all
times , a sign permit for such sign in accordance with Section
18 . 65 . 140 .
No signs shall be erected in the public right-of-way except in
accordance with Section 18 . 65 . 090 and the permit requirements of
Section 18 . 65 . 160 .
No sign permit of any kind shall be issued for an existing or
proposed sign unless such sign is consistent with the requirements
of this ordinance (including those protecting existing signs ) in
every respect and with the Master Signage Plan or Common Signage
Plan in effect for the property.
18 . 65 . 070 DESIGN, CONSTRUCTION, AND MAINTENANCE
All signs shall be designed, constructed, and maintained in
accordance with the following standards :
All signs shall comply with applicable provisions of the Uniform
Building Code and the electrical code of the city and its
Extraterritorial Zoning Jurisdiction at all times .
Except for banners, flags , temporary signs, and window signs
conforming in all respects with the requirements of this
ordinance, all signs shall be constructed of permanent
materials and shall be permanently attached to the ground, a
building, or another structure by direct attachment to a rigid
wall, frame, or structure.
All signs shall be maintained in good structural condition, in
compliance with all building and electrical codes, and in
conformance with this code, at all times .
18 . 65 . 080 MASTER OR COMMON SIGNAGE PLAN
No permit shall be issued for an individual sign requiring a permit
unless and until a Master Signage Plan or a Common Signage Plan for
the zone lot on which the sign will be erected has been submitted
to the Director and approved by the Design Review Board as
conforming with this section.
Provisional Adoption 08/19/91 262
A. Master Sianaae Plan
For any zone lot on which the owner proposes to erect one or
more signs requiring a permit, unless such zone lot is
included in a Common Signage Plan, the owner shall submit to
the Director a Master Signage Plan containing the following:
A scaled plot plan of the zone lot, at such scale as the
Director may reasonably require (min. 1" = 20 ' typical ) ;
Location of buildings, parking lots, sidewalks, driveways ,
water retention, and snow storage areas on such zone lot;
Landscape plan including a listing of all plants (planting
and mature sizes ) vegetation, ground cover, topographical
contours , fences, walls, exterior lighting and irrigation
system.
Computation of the maximum total sign area, the maximum area
for individual signs , the height of signs and the number of
freestanding signs allowed on the zone lot( s) included in the
plan under this ordinance; and
An accurate indication on the plot plan and landscape
plan of the proposed location of each present and future
sign, it' s height and area, of any type, whether
requiring a permit or not, except that incidental signs
need not be shown.
Specific standards for consistency among all signs on
the zone lots affected by the Plan with regard to:
Lettering or graphic style;
Lighting;
Location of each sign on the buildings;
Material; and
Sign proportions .
B. Common Sianaae Plan
If the owners of two or more contiguous (disregarding
intervening streets and alleys ) zone lots or the owner of a
single lot with more than one building ( not including any
accessory building) file with the Director for such zone lots
a Common Signage Plan conforming with the provisions of this
section, a 25 percent increase in the maximum total sign area
shall be allowed for each included zone lot. This bonus shall
be allocated within each zone lot as the owner(s ) elects .
Provisional Adoption 08/19/91 263
C . Provisions of Common Sianaae Plan
The Common Signage Plan shall contain all of the information
required for a Master Signage Plan.
D. Limit on Number of Freestandina Sians Under Common Sianaae
Plan
The Common Signage Plan, for all zone lots with multiple uses
or multiple users, shall limit the number of freestanding
signs to a total of one for each street on which the zone lots
included in the plan have frontage and shall provide for
shared or common usage of such signs .
E. Other Provisions of Master or Common Sianaae Plans
The Master or Common Signage Plan may contain such other
restrictions as the owners of the zone lots may reasonably
determine.
F. Consent
The Master or Common Signage Plan shall be signed by all
owners or their authorized agents in such form as the Director
shall require .
G. Procedures
A Master or Common Signage Plan shall be included in any
development plan, site plan, planned unit development plan,
or other official plan required by the city for the proposed
development and shall be processed simultaneously with such
other plan.
H. Amendment
A Master or Common Signage Plan may be amended by filing a
new Master or Common Signage Plan that conforms with all
requirements of the ordinance then in effect .
I . Existina Sians Not Conformina to Common Sianaae Plan
If any new or amended Common Signage Plan is filed for a
property on which existing signs are located, it shall include
a schedule for bringing into conformance, within three years,
all signs not conforming to the proposed amended plan or to
the requirements of this ordinance in effect on the date of
submission.
Provisional Adoption 08/19/91 264
J. Bindina Effect
After approval of a Master or Common Signage Plan, no sign
shall be erected, placed, painted, or maintained, except in
conformance with such plan, and such plan may be enforced in
the same way as any provision of this ordinance . In case of
any conflict between the provisions of such a plan and any
other provision of this ordinance, the ordinance shall
control .
18 . 65 . 090 SIGNS IN THE PUBLIC RIGHT-OF-WAY
No signs shall be allowed in the public right-of-way, except for
the following:
A. Permanent Signs
Permanent signs, including:
Public Signs erected by or on behalf of a governmental body
to post legal notices, identify public property, conve; public
information, and direct or regulate pedestrian or vehicular
traffic;
Informational signs of a public utility regarding its poles,
lines, pipes, or facilities; and
Awning, projecting, and suspended signs projecting over a
public right-of-way in conformity with the conditions of Table
18 . 65 . 050A of this ordinance.
B. Temporary Sians
Temporary signs for which a permit has been issued in
accordance with Section 18 . 65 . 160, which shall be issued only
for signs meeting the following requirements :
Such signs shall contain no commercial message; and
Such signs shall be no more than two square feet in area
each.
C. Emeraencv Sians
Emergency warning signs erected by a governmental agency, a
public utility company, or a contractor doing authorized or
permitted work within the public right-of-way.
D. Other Signs Forfeited
Any sign installed or placed on public property, except in
conformance with the requirements of this section, shall be
Provisional Adoption 08/19/91 265
forfeited to the public and subject to confiscation. In
addition to other remedies hereunder, the city shall have the
right to recover from the owner or person placing such a sign
the full costs of removal and disposal of such sign.
18 . 65 . 100 SIGNS EXEMPT FROM REGULATION UNDER THIS ORDINANCE
The following signs shall be exempt from regulation under this
ordinance:
Any public notice or warning required by a valid and
applicable federal, state, or local law, regulation, or
ordinance;
Any sign inside a building, not attached to a window or door,
that is not legible from a distance of more than three feet
beyond the lot line of the zone lot or parcel on which such
sign is located;
Works of art that do not include a commercial message;
Holiday lights and decorations with no commercial message,
but only between November 15 and January 15; and
Traffic control signs on private property, such as Stop,
Yield, and similar signs, the face of which meet Department
of Transportation standards and which contain no commercial
message of any sort.
Temporary, non-illuminated real estate signs that do not
exceed six square feet per face in total area and six feet
in height and no more than one such sign per street frontage.
Signs commonly associated with and limited to information and
directions related to the permitted use on the lot on which
sign is located, but only if each such sign does not exceed
two square feet, including without limitation such signs as
"no smoking" , "restroom" , "no solicitors" , " self service" , and
"vacancy" .
Non-illuminated or indirectly illuminated signs that identify
items as a courtesy to customers such as credit cards
accepted, redemption stamps offered, menus , or prices, but no
more than one sign of each use and no more than two square
feet per face or four square feet in total area; such signs
may be attached to the building as projecting or wall signs ,
suspended from a canopy, or included as an integral part of
a free-standing sign in commercial/industrial areas .
A flag, pennant, or insignia of any nation, organization of
nations, state, county, city, religious, civic or fraternal
organization, or any education institution.
Provisional Adoption 08/19/91 266
Copy changes on a changeable copy, or marquee sign, for
maintenance where no structural changes are made, or for copy
changes on signs using interchangeable letters .
A. Event Directional Sians
One such sign is allowed at each major change of direction
plus one per 1 , 320 feet .
No sign shall be placed within 100 feet of a property on which
there is a residence without the written permission of the
owner and the resident of the premises .
The area of each sign shall be no more than 16 square feet,
the maximum height shall be five (5 ) feet and the distance
between the sign and the right-of-way shall be at least 15
feet.
Directional signs may not be illuminated.
The sign may be single or double-faced.
The text displayed on such signs shall be limited to the name
of the destination, the direction to the destination, and the
distance to the destination .
Such signs shall not be located closer than 100 feet to a
similar sign on the same parcel of land.
B. Open-house Directional Sians
Open-house directional signs are signs which give direction
to a property which is for sale or for lease to which the
public is invited for walk-in inspection .
There shall be a maximum of three such signs for each home
or group of homes in a subdivision.
Such signs may have a maximum area of six ( 6) square feet and
may be freestanding.
Such signs may be single or double-faced and shall not be
illuminated.
Such signs may be used only when a salesperson is on duty at
the home for sale.
No such sign shall be so places as to create a traffic hazard.
Such signs shall not be located closer than 100 feet to a
similar sign on the same parcel of land.
Provisional Adoption 08/19/91 267
C. "No Trespassina" Sians
"No Trespassing" Signs shall be allowed in all zones .
This sign shall not be larger than four ( 4 ) square feet and
may be freestanding.
Such signs shall not be placed in any right-of-way nor placed
so as to create a traffic hazard.
Such signs shall not be located closer than 100 feet to a
similar sign on the same parcel of land.
D. Grand Opening Sians
Use of grand opening sign( s ) are subject to the approval of
the Planning Director.
The sign or signs shall not be displayed more than 60
consecutive days .
There shall be only one grand opening sign per business .
The maximum size of a grand opening sign shall be 48 square
feet .
The maximum height of a grand opening sign shall be 8 feet .
E. Grand Openina Flags
Use of grand opening flags shall be subject to the approval
of the Planning Director.
The flag or flags shall not be displayed more than 60
consecutive days .
There shall be no more than ten ( 10 ) grand opening flags per
business .
The maximum size of a grand opening flag shall be ten square
feet.
The maximum height of a grand opening flag shall be 35 feet .
F. Political Campaign Sians
Political campaign signs 60 days prior to a City, County,
State or Federal elections and 1 day after said elections
date.
Provisional Adoption 08/19/91 268
18 . 65 . 110 SIGNS PROHIBITED UNDER THIS ORDINANCE
All signs not expressly permitted under this ordinance or exempt
from regulation hereunder in accordance with the previous section
are prohibited in the city and its Extraterritorial Zoning
Jurisdiction. Such signs include, but are not limited to:
Beacons; Flashing lights;
Pennants; Flags or banners for the purpose of advertising;
Strings of lights not permanently mounted to a rigid
background, except those exempt under the previous section;
and
Inflatable signs and tethered balloons .
Portable signs
18 . 65 . 120 GENERAL PERMIT PROCEDURES
The following procedures shall govern the application for, and
issuance of, all sign permits under this ordinance, and the
submission and review of Common Signage Plans and Master Signage
Plans .
A. Applications
All applications for sign permits of any kind and for approval
of a Master or Common Signage Plan shall be submitted to the
Director on an application form or in accordance with
application specifications published by the Director.
B . Fees
Each application for a sign permit or for approval of a Master
or Common Signage Plan shall be accompanied by the applicable
fees, which shall be established by the governing body of the
city and its Extraterritorial Zoning Jurisdiction from time
to time by resolution.
C. Completeness
Within five working days of receiving an application for a
sign permit or for a Common or Master Signage Plan, the
Director shall review it for completeness . If the Director
finds that it is complete, the application shall then be
processed. If the Director finds that it is incomplete, the
Director shall, within such five-day period, send to the
applicant a notice of the specific ways in which the
application is deficient, with appropriate references to the
applicable sections of this ordinance.
Provisional Adoption 08/19/91 269
D. Action
Within seven working days of the submission of a complete
application for a sign permit, the Director shall either:
1 . Issue the sign permit, if the sign( s ) that is the subject
of the application conforms in every respect with the
requirements of this ordinance and of the applicable
Master or Common Signage Plan; or
2 . Reject the sign permit if the sign( s ) that is the subject
of the application fails in any way to conform with the
requirements of this ordinance and of the applicable
Master or Common Signage Plan. In case of a rejection,
the Director shall specify in the rejection the section
or sections of the ordinance or applicable plan with
which the sign( s ) is inconsistent.
E . Action on Plan
On any application for approval, which requires DRB action,
a Master Signage Plan or Common Signage Plan, the Director
shall take action on the applicable one of the following
dates :
1 . Fourteen working days after the submission of a complete
application if the application is for signs for existing
buildings; or
2 . On the date of final action on any related application
for building permit, site plan, or development plan for
signs involving new construction.
On or before such applicable date, the Director shall either:
1 . Approve the proposed plan if the sign( s ) as shown on the
plan and the plan itself conforms in every respect with
the requirements of this ordinance; or
2 . Reject the proposed plan if the sign( s ) as shown on the
plan or the plan itself fails in any way to conform with
the requirements of this ordinance . In case of a
rejection, the Director shall specify in the rejection
the section or sections of the ordinance with which the
plan is inconsistent .
18 . 65 . 130 PERMITS TO CONSTRUCT OR MODIFY SIGNS
Signs identified as " S" , or " SR" on Table 18 . 65 . 050 .A shall be
erected, installed, or created only in accordance with a duly
issued and valid sign construction permit from the Director. Such
Provisional Adoption 08/19/91 270
permits shall be issued only in accordance with the following
requirements and procedures .
A. Permit for New Sian or for Sian Modification
An application for construction, creation, or installation
of a new sign or for modification of an existing sign shall
be accompanied by detailed drawings to show the dimensions ,
design , structure, and location of each particular sign, to
the extent that such details are not contained on a Master
Signage Plan or Common Signage Plan then in effect for the
zone lot . One application and permit may include multiple
signs on the same zone lot .
B . Inspection
Unless waived by the Planning Director, all signs shall be
subject to the following inspections as appropriate.
Footing inspection on all freestanding signs .
Electrical inspection on all illuminated signs .
Inspection of braces, anchors, supports and connections on
all signs .
The Director shall cause an inspection of the zone lot for
which each permit for a new sign or for modification of an
existing sign is issued during the sixth month after the
issuance of such permit or at such earlier date as the owner
may request . If the construction is not substantially
complete at the time of inspection, the permit shall lapse and
become void. If the construction is complete and in full
compliance with this ordinance and with the building and
electrical codes , the Directorshallaffix to the premises a
permanent symbol identifying the reference. If the
construction is substantially complete but not in full
compliance with this ordinance and applicable codes, the
Director shall give the owner or applicant notice of the
deficiencies and shall allow an additional 30 days from the
date of inspection for the deficiencies to be corrected. If
the deficiencies are not corrected by such date, the permit
shall lapse. If the construction is then complete, the
Director shall affix to the premises the permanent symbol
described above.
C. Liability For Insurance and Damages
The provision of this Sign Code shall not be construed to
relieve or to limit, in any way, the responsibility or
liability of any person, firm or corporation which erects or
owns any sign for personal injury or property damages caused
Provisional Adoption 08/19/91 271
by or attributed to a sign, nor shall the provision of this
code be construed to impose upon the City of Bozeman, its
officers, or its employees any responsibility or liability by
reason of the approval of any sign under the provisions of
this code.
18 . 65 . 140 SIGN PERMITS
The owner of a zone lot containing signs requiring a permit under
this ordinance shall at all times maintain in force a sign permit
for such property. Sign permits shall be issued for individual
zone lots , notwithstanding the fact that a particular zone lot may
be included with other zone lots in a Common Signage Plan .
A. Lapse of Sian Permit
A sign permit shall lapse automatically if the business
license for the premises lapses, is revoked, or is not
renewed, or the Master or Common Signage Plan 18 . 65 . 080 is
modified. A sign permit shall also lapse if the business
activity on the premises is discontinued for a period of 180
days or more and is not renewed within 30 days of a notice
from the city to the last permittee, sent to the premises,
that the sign permit will lapse if such activity is not
renewed.
B. Assianment of Sian Permits
A current and valid sign permit shall be freely assignable
to a successor as owner of the property or holder of a
business license for the same premises, subject only to filing
such application as the Director may require and paying any
applicable fee. The assignment shall be accomplished by
filing and shall not require approval .
18 . 65 . 150 TEMPORARY SIGN PERMITS (PRIVATE PROPERTY)
Temporary signs on private property shall be allowed only upon the
issuance of a Temporary Sign Permit, which shall be subject to the
following requirements :
A. Term
A temporary sign permit shall allow the use of a temporary
sign for a specified 30-day period.
B. Number
Only one temporary sign permit shall be issued to the same
business license holder on the same zone lot in any calendar
year.
Provisional Adoption 08/19/91 272
C. Other Conditions
A temporary sign shall be allowed only in districts with a
letter "S" for "Temporary Signs" on Table 18 . 65 . 050A and
subject to all of the requirements for temporary signs as
noted therein.
18 . 65 . 160 PERMITS FOR SIGNS IN THE PUBLIC RIGHT-OF-WAY
Permits for temporary private signs in the public right-of-way
shall be issued in accordance with the following conditions :
A. Term and Number of Permits
The term of such a permit shall be 60 days . No more than one
permit for calendar year. For any sign containing the name
of a political candidate, the candidate shall be deemed to be
the applicant.
B. Number of Sians
No more than 20 signs may be erected under one permit .
C. Identification of Permitted Sians
Each sign erected under such a permit shall contain an
official stamp of the Director, authenticating the sign and
giving the number of the permit and the date of issuance.
D. Other Conditions
In addition to applicable fees otherwise payable, the
applicant shall post a bond of $25 for each sign authorized
by the Director' s stamp, which bond shall be held to ensure
the removal of the signs and shall be refundable upon the
surrender to the Director of the actual sign( s ) for disposal .
The bond on any sign not surrendered for disposal within 75
days of the issuance of the permit or actually removed by the
city because it is located on public property on a day more
than 60 days after the date of permit issuance shall be
forfeited.
18 . 65 . 170 TIME OF COMPLIANCE : NONCONFORMING SIGNS AND SIGNS
WITHOUT PERMITS
Except as otherwise provided herein, the owner of any zone lot or
other premises on which exists a sign that does not conform with
the requirements of this ordinance or for which there is no current
and valid sign permit shall be obligated to remove such sign or,
in the case of a nonconforming sign, to bring it into conformity
with the requirements of this ordinance.
Provisional Adoption 08/19/91 273
A. Signs Existing on Effective Date
For any sign existing in the city and its Extraterritorial
Zoning Jurisdiction on February 12, 1990, an application for
a sign permit must be submitted to the Director before
February 12 , 1992 . For any sign on property annexed at a
later date, applications for sign permits shall be submitted
within six months of the effective date of the annexation or
within such period as may be established in an annexation
agreement between the city and the landowner. Signs that are
the subject of applications received after the applicable date
set forth in this section shall be subject to all of the terms
and conditions of this ordinance and shall not be entitled to
the protection of Section 18 . 65 . 170 . 2 .
Applications for permits for existing signs submitted before
February 12 , 1992 , shall be exempt from the initial fees
adopted under authority of this ordinance, but not from
subsequent fees .
B. Nonconforming Existing Sians , Permits and Terms
A sign that would be permitted under this ordinance only with
a sign permit, but which was in existence on February 12,
1990, or on a later date when the property is annexed to the
city, and which was constructed in accordance with the
ordinances and other applicable laws in effect on the date of
its construction, but which by reason of its size, height,
location, design, or construction is not in conformance with
the requirements of this ordinance, shall be issued a
Nonconforming Sign Permit if an application in accordance with
Section 18 . 65 . 170 . 1 . of this ordinance is filed by February
12 , 1992 .
Such permit shall allow the sign( s ) subject to such permit,
which were made nonconforming by the adoption of this
ordinance, to remain in place and be maintained for a period
not exceeding the following:
Provisional Adoption 08/19/91 274
Sign Amortization Schedule
Time from October 1, 1991
Adjusted Market Value for which Termination and
of Nonconformina Sian Removal is Reauired
Less than $2, 000 October 1, 1992
$2 , 001 to $4, 000 October 1, 1994
$4, 001 to $6, 000 October 1 , 1996
Greater than $6, 000 October 1, 1998
The adjusted market value of a permanent nonconforming sign
shall be the original cost of the sign, plus the cost of the
original installation of the sign, less 5% of the original
cost of the sign for each year the sign has been standing
prior to the effective date of the Sign Code. Proof of the
adjusted market value of this sign shall be provided to the
Planning Director by the owner of the permanent nonconforming
sign . All non-conforming signs shall be presumed to have an
Adjusted Market Value of less than $2000 until evidence
documenting a higher value is provided to the Planning
Director by the owner of the permanent non-conforming sign.
* or, upon proof by owner, to the end of the signs "write
down" life per Federal I .R. S. filings initiated prior to the
adoption of this ordinance.
No action may be taken which increases the degree or extent
of the nonconformity. Such signs are also subject to the
provisions of Section 18 . 65 . 170 . 3 . A change in the
information on the face of an existing nonconforming sign is
allowed. However, any nonconforming sign shall either be
eliminated or made to conform with the requirements of this
Section when any proposed change, repair, or maintenance would
constitute an expense of more than 25 percent of the lesser
of the original value or replacement value of the sign.
Transportable signs within the zoning jurisdiction of the
City of Bozeman are deemed not to meet the purposes and
objectives of this chapter. The signs, by the nature of their
design and inability to be permanently integrated into the
design of the site they are intended to serve, create
distraction and visual clutter in the community.
In addition, the electronic transportable signs may present
safety and fire hazards , as electrical circuitry wires and
cords are subject to the elemental hazards of the Bozeman
area' s harsh weather.
Provisional Adoption 08/19/91 275
Because of the potential safety hazards and adverse effects
on the Bozeman area' s scenic appeal, all transportable signs
located within the zoning jurisdiction of the City of Bozeman
shall be terminated and removed no later than the earlier of
the following:
1 . At the earliest time after February 12 , 1990 that the
lease in effect on February 12 , 1990 on such sign
expires , or
2 . February 12 , 1992 .
In addition, all displays on such signs requiring electrical
power supply shall be terminated on July 16, 1990 .
C. Lapse of Nonconformina Sian Permit
A Non-Conforming Sign Permit shall lapse and become void under
the same circumstances as those under which any other sign
permit may lapse and become void. See 18 . 65 . 140 . 1 .
D. Sian Removal Required
A sign that was constructed, painted, installed, or maintained
in conformance with a permit under this ordinance, but for
which the permit has lapsed or not been renewed or for which
the time allowed for the continuance of a nonconforming sign
has expired, shall be forthwith removed without notice or
action from the city.
E . Violations
Any of the following shall be a violation of this ordinance
and shall be subject to the enforcement remedies and penalties
provided by this ordinance, by the zoning ordinance, and by
state law:
To install, create, erect, or maintain any sign in a way
that is inconsistent with any plan or permit governing
such sign or the zone lot on which the sign is located;
To install, create, erect, or maintain any sign requiring
a permit without such a permit;
To install, create, erect, or maintain any sign in a way
that is inconsistent with any plan or permit governing
such sign or the zone lot on which sign is located;
To fail to remove any sign that is installed, created,
erected, or maintained in violation of this ordinance,
or for which the sign permit has lapsed; or
Provisional Adoption 08/19/91 276
To continue any such violation. Each such day of a
continued violation shall be considered a separate
violation when applying the penalty portions of this
ordinance.
Each sign installed, created, erected, or maintained in
violation of this ordinance shall be considered a
separate violation when applying the penalty portions
of this ordinance.
18 . 65 . 190 ENFORCEMENT AND REMEDIES
Any violation or attempted violation of this ordinance or of any
condition or requirement adopted pursuant hereto shall constitute
a misdemeanor and may be restrained, corrected, or abated, as the
case may be, by injunction or other appropriate proceedings
pursuant to state law. A violation of this ordinance shall be
considered a violation of the zoning ordinance of the city and its
Extraterritorial Zoning Jurisdiction. The remedies of the city
shall include the following:
Issuing a stop-work order for any and all work on any signs
on the same zone lot;
Seeking an injunction or other order of restraint or abatement
that requires the removal of the sign(s ) or the correction of
the nonconformity;
Imposing any penalties that can be imposed directly by the
city under the zoning ordinance;
Seeking in court the imposition of any penalties that can be
imposed by such court under the zoning ordinance; and
In the case of a sign that poses an immediate danger to the
public health or safety, taking such measures as are available
to the city under the applicable provisions of the zoning
ordinance and building code for such circumstances .
The city shall have such other remedies as are and as may from time
to time be provided for or allowed by state law for the violation
of the zoning ordinance.
All such remedies provided herein shall be cumulative. To the
extent that state law may limit the availability of a particular
remedy set forth herein for a certain violation or a part thereof,
such remedy shall remain available for other violations or other
parts of the same violation.
Provisional Adoption 08/19/91 277
A. Revocation of Sian Permit
The Planning Director has the authority to revoke any sign
permit if the sign authorized by the permit has been
constructed or is being maintained in a manner inconsistent
with the permit.
1 . Notice of the Planning Director ' s decision to revoke a
Sign Permit shall be served upon the holder of the permit
and the property owner; a) by personally delivering a coy
of the notice to the holder of the permit, or to one of
its officers and to the property owner; or b) by leaving
a copy of the notice with any person in charge of the
premises; or c) in the event that no such person can be
found, by affixing a copy of the notice in a conspicuous
position at an entrance to the premises and by depositing
in the United States mail, certified, another copy of the
notice addressed to the last know post office addresses
of the holder of the permit and of the property owner.
2 . The notice shall state the reasons and grounds for
revoking the permit, specifying the deficiencies or
defects in such sign and the violations charged. Such
notice shall specify that the sign must be removed or
made to conform with the provisions of this Sign Code
within the notice period provided in Section 18 . 65 . 100D.
This notice shall be known as Noncompliance Notice.
3 . The holder of the permit may appeal the decision of the
Planning Director pursuant to the provisions of Chapter
18 . 58 .
4 . If no appeal has been filed by the end of the appeal
period, then the permit is revoked and the sign is deemed
illegal . The Planning Director then shall initiate the
procedure for the removal of the illegal sign.
5 . Before bringing an action to require removal of any
illegal sign, the Planning Director shall give written
notice to the owner of the sign or the owner of the
premises on which such sign is located. The notice shall
state the reasons and grounds for removal, specifying the
deficiencies or defects in such sign and the violations
charge; such notice shall specify that the sign must be
removed or made to conform with the provisions of this
Sign Code within the notice period provided below.
Service of the notice shall be made as prescribed in
Section 18 . 65 . 100B . 1 of this Sign Code.
a. Notice Period
( 1 ) The notice period shall be fourteen ( 14 ) days .
Provisional Adoption 08/19/91 278
b. Re-erection of any sign or substantially similar
sign on the same premises after a notice has been
issued shall be deemed a continuance of the original
violation.
6 . If the owner or lessee of the premises upon which the
sign is located has not demonstrated to the satisfaction
of the Planning Director that his sign has been removed
or brought into compliance with the provisions of this
Sign Code by the end of the notice period, then the
Planning Director shall certify the violations to the
City Attorney for prosecution.
7 . Removal
a. The Planning Director is authorized to cause the
removal of any sign adjudged to be illegal by a
court of competent jurisdiction if the court so
orders . All the actual cost and expense of any
such removal by the Planning Director shall be borne
by the owner of such sign installation and the owner
of the premises on which located; each of them shall
be jointly and severally liable therefore, and an
action for recovery thereof may be brought by the
City Attorney upon proper certification thereof to
him by the Planning Director.
B . Signs Placed in the Public Riaht-of-Wav
1 . The Planning Director shall remove or arrange for the
removal of any sign placed in a public right-of-way or
public easement by any non-governmental entity, unless
specifically permitted by this Chapter or authorized by
the City Manager thorugh the issuance of a 'Revocable
Permit' .
2 . Before removing any sign placed in a public right-of-
way, the Planning Director shall take a photograph or
arrange for a photograph to be taken of the sign and its
location. The photograph shall be of such quality as to
provide incontestable proof that the sign was, in fact,
located in a public right-of-way prior to its removal and
impoundment .
3 . The owner of the sign shall be notified of the removal
by telephone and by mailing a notice to the owner
confirming such phone notification. This notice shall
be called a Sign Recovery Notice.
4 . A copy of the Sign Recovery Notice shall be held on file
in City Hall attached to the photograph of the sign at
the time of removal .
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5 . The sign shall be returned to the owner or the owner' s
agent upon payment of :
a. Cost to the City of removing and impounding sign,
plus
b. Fee for recovery of the impounded sign, set by the
City, plus
c. Per diem storage charge also set by the City.
However, the City will only impound such sign for a
maximum of 60 days , after which the City shall not be
responsible for returning the sign to its owner.
C. Illeaal , Prohibited and Inadeauatelv Maintained Sians
1 . The Planning Director shall notify the owner of any
illegal , prohibited, or inadequately maintained signs,
or signs subject to Section 18 . 65 . 100 .a. 3 of this Sign
Code, to correct existing violations of this Sign Code
or to remove the offending sign( s) within 14 days of
receipt of such notice.
2 . The notice for such action to be taken shall be sent to
the owner of the sign by certified mail or delivered to
such owner personally by the Planning Director or
designated representative.
3 . A copy of such notice shall also be sent to the owner
of the property on which the offending sign is located
if the owner of the property is someone other than the
owner of the sign.
4 . The notice shall state clearly and briefly the manner
in which the sign is in violation of the City' s Sign
Code citing, as may be appropriate, the section and
paragraph of code violated.
5 . The owner of the sign may appeal, pursuant to Chapter
18 . 58 , the Planning Director' s determination that the
sign is in violation of this Sign Code.
6 . In the event corrective action is not undertaken or an
appeal of the Planning Director' s determination that the
subject sign is in violation of this Sign Code is not
made, the Planning Directors shall, using proper legal
procedures , cause a complaint to be served on such sign
owner.
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7 . The complaint shall contain: 1 ) date, time and place
and the sections ( s ) of the code of the alleged violation,
2 ) the date, time and place for the sign owner to appear,
3 ) an affirmation signed by the Planing Director or
designated representative that the violation exists, and
4) warning of default if the sign owner or his
representative fails to appear as specified in the
complaint.
8 , Removal : The Planning Director is authorized to cause
the removal of any sign adjudged to be illegal,
prohibited or inadequately maintained by a court of
competent jurisdiction, if the court so orders . All the
actual cost and expense of any such removal by the
Planning Director shall be borne by the owner of such
sign installation and the owner of the premises on which
located; each of them shall be jointly and severally
liable therefore, and an action for recovery may be
brought by the City Attorney upon proper certification
to him by the Planning Director.
9 . Using proper legal procedure, the Planning Director may
summon the assistance of the City of Bozeman Police
Department to cause action to be taken to correct the
offending sign.
D. Emeraencv Removal or Repair
1 . The Planning Director is authorized to cause the
immediate removal or repair of any sign or signs found
to be unsafe or defective to the extent that it creates
an immediate and emergency hazard to persons or property.
2 . If the Planning Director has determined that an immediate
hazard to persons or property exists , then prior notice
to the property owner or lessees shall not be required.
However, after removal or repair of the sign is
completed, the Planning Director shall make a reasonable
effort to notify the property owner or lessee that the
unsafe or defective sign was removed or repaired.
3 . All the actual cost and expense of any such removal or
repair shall be borne by the owner of such sign and by
the owner of the premises on which the sign is locate;
each of them shall be jointly and severally liable
therefore, and an action for recovery may be brought by
the City upon proper certification of such cost and/or
expense by the Planning Director.
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CHAPTER 18 . 70
VIOLATION, PENALTIES AND SEPARABILITY
18 . 70 . 010 COMPLAINTS OF ALLEGED VIOLATIONS-FILING AND RECORDING
Whenever a violation of this Ordinance occurs or is alleged to have
occurred, any person may file a written complaint. Such complaint
stating fully the causes and basis thereof, shall be filed with the
Planning Director. He shall record properly such complaint and
immediately investigate and take action thereon as provided by this
Ordinance.
18 . 70 . 020 VIOLATION - PENALTY - ASSISTING OR ABETTING -
ADDITIONAL REMEDIES
A. Violation of the provisions of this Ordinance or failure to
comply with any of its requirements including violations of
conditions and safeguards established in connection with the
grant of variances or conditional uses or any of the require-
ments for conditions imposed by the Planning Board and/or City
Commission shall constitute a misdemeanor. Any person who
violates this Ordinance or fails to comply with any of its
requirements shall upon conviction thereof be fined not more
than five hundred dollars or imprisoned not more than six
months , or both, and in addition shall pay all costs and
expenses involved in the case. Each day such violation
continues shall be considered a separate offense and punish-
able as such.
B. The owner or tenant of any building, structure, premises, or
part thereof, and any architect, builder, contractor, agent
or other person who commits , participates in, assists , or
maintains , such violation may each be found guilty of a
separate offense and suffer the penalties herein provided.
C. Nothing herein contained shall prevent the City from taking
such other lawful action as is necessary to prevent or remedy
any violation.
18 . 70 . 030 SEPARABILITY
Should any section or provision of this Ordinance be declared by
the courts to be unconstitutional or invalid, such decision shall
not affect the validity of this Ordinance as a whole or any part
thereof, other than the part so declared to be unconstitutional or
invalid.
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