article 3. zoning districts land uses

ARTICLE 3. ZONING DISTRICTS & LAND USES

38.300 Zones, Maps & Designations (Article 7) FOOTNOTE(S):

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State Law reference— Municipal zoning, MCA 76-2-301 et seq.

Part 1: Zoning Districts & Zoning Map

Sec. 38.300.010. - Use districts designated, zoning map adopted. (38.07.010)

A. The city is divided into zones, or districts, as shown on the official zoning map which,

together with all explanatory matter thereon, is adopted by this reference and

declared to be a part of this chapter.

B. For the purpose of this chapter, the city is divided and classified into the following

use districts:

R-S Residential Suburban District

R-1 Residential Single-Household Low Density District

R-2 Residential Two-Household Medium Density District

R-3 Residential Medium Density District

R-4 Residential High Density District

R-5 Residential Mixed-Use High Density District

R-O Residential-Office District

RMH Residential Manufactured Home Community District

B-1 Neighborhood Business District

B-2 Community Business District

B-2M Community Business District - Mixed

B-3 Central Business District

UMU Urban Mixed-Use District

M-1 Light Manufacturing District

M-2 Manufacturing and Industrial District

B-P Business Park District

PLI Public Lands and Institutions District

BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 170

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NEHMU Northeast Historic Mixed-Use District

NC Neighborhood Conservation Overlay District

EO Entryway Corridor Overlay District

CO Casino Overlay District

REMU Residential Emphasis Mixed-use District

C. Placement of any given zoning district on an area depicted on the zoning map

indicates a judgment on the part of the city that the range of uses allowed within

that district are generally acceptable in that location. It is not a guarantee of

approval for any given use prior to the completion of the appropriate review

procedure and compliance with all of the applicable requirements and

development standards of this chapter and other applicable policies, laws and

ordinances. It is also not a guarantee of immediate infrastructure availability or a

commitment on the part of the city to bear the cost of extending services.

D. Individual zoning districts are adopted for the purposes described in section

38.100.040. A variety of districts is established to provide locations for the many uses

needed within a healthy and dynamic community. Each district, in conjunction with

other standards incorporated in this chapter, establishes allowable uses of property,

separates incompatible uses, and sets certain standards for use of land. This provides

predictability and reasonable expectation in use of land within particular zoning

designations and sites.

(Ord. No. 1645, § 18.14.010, 8-15-2005; Ord. No. 1681, § 1, 6-4-2007; Ord. No. 1769, exh. D(18.14.010), 12-28-

2009; Ord. No. 1802, § 1, 4-11-2011)

Sec. 38.300.020. - Official map availability, certification and authority; changes.

(38.07.020)

A. The official maps shall be available in the planning department and shall bear a

certificate with the signature of the mayor attested by the city clerk and the date of

adoption of the ordinance codified in this chapter.

B. This certificate should read as follows:

This is to certify that this is an Official Zoning Map referred to in section ____________ of Ordinance No.

____________ of the City of Bozeman, Montana.

Mayor ____________

Attested ____________

Date of Adoption ____________

C. Regardless of the existence of purported copies of the official zoning maps, which

may from time to time be made or published, the official zoning maps kept in the

planning department shall be the final authority as to the current zoning status of

land and water areas, buildings and other structures in the city.

(Ord. No. 1645, § 18.14.020, 8-15-2005; Ord. No. 1769, exh. D(18.14.020), 12-28-2009)



Sec. 38.300.030. - Official map replacement conditions. (38.07.030)

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. If any changes to the map are made by amendment of this chapter in accordance

with division 38.260 of this chapter, such changes shall be made to the official

zoning maps and signed, dated and certified upon the map or upon the material

attached thereto.

C. The new official zoning maps shall be identified by signature of the mayor attested

by the city clerk. 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 No. ____________ of the City of Bozeman, Montana.

Mayor ____________

Attested ____________

Date of Adoption ____________

(Ord. No. 1645, § 18.14.030, 8-15-2005; Ord. No. 1769, exh. D(18.14.030), 12-28-2009)

Sec. 38.300.040. - Boundary interpretation guidelines. (38.07.040)

A. Where uncertainty exists as to the boundaries of districts as shown on the official

zoning map, the boundaries shall be interpreted as following the nearest logical line

to that shown:

1. Boundaries indicated as approximately following the centerline of streets,

highways or alleys shall be construed to follow such centerlines;

2. Boundaries indicated as approximately following platted lot lines shall be

construed as following such lot lines;

3. Boundaries indicated as approximately following city limits shall be construed as

following such city limits;

4. Boundaries indicated as following railroad lines shall be construed to be midway

between the main track;

5. Boundaries indicated as following the centerline of streams, rivers, canals or

ditches shall be construed to follow such centerlines; and

6. Boundaries indicated as parallel to or extensions of features indicated on the

official zoning map shall be determined by the scale of the map.

B. Where physical or cultural features existing on the ground are at variance with those

shown on the official zoning map, or where other circumstances or controversy arise

over district boundaries, the planning director shall interpret the district boundary.

Such interpretation is subject to appeal as set forth in division 38.250.



C. Where district boundaries divide a lot or parcel into two or more districts, the entire

lot or parcel shall be deemed to have only the characteristics and uses of the most

restrictive district that any part of the lot or parcel rests within. However, for

properties which lie partially within a specified overlay district, the planning director

may determine that overlay district regulations shall apply only to that portion of the

property lying within the specified overlay district. The criteria for making such a

determination shall include an evaluation of site topography and the degree to

which the development portion of the property lying outside of the overlay district is

integrated with the development lying within the district.

(Ord. No. 1645, § 18.14.040, 8-15-2005; Ord. No. 1769, exh. D(18.14.040), 12-28-2009; Ord. No. 1828, § 10, 9-

10-2012)

Sec. 38.300.050. - Zoning of annexed territory. (38.07.060)

A. All territory which may hereafter be annexed to the city shall, in conjunction with the

annexation, be the subject of a zone map amendment in order to be designed and

assigned to a city zoning district.

B. Areas of annexed public right-of-way shall be considered to be zoned according to

the provisions of section 38.300.040.A. The city commission shall determine the

appropriate zoning for any and all areas to be annexed to the city but shall request

a recommendation from the zoning commission and shall take into consideration

the city growth policy. Any ordinance adopting such zoning amendment shall not

be effective prior to the effective date of such annexation.

(Ord. No. 1645, § 18.14.060, 8-15-2005; Ord. No. 1769, exh. D(18.14.060), 12-28-2009)

Part 2: Zoning District Intent & Purpose Statements

Sec. 38.300.100. – Residential zoning districts - intent and purpose. (38.08.010)

A. The intent and purpose of the residential zoning districts is to establish areas within

the city that are primarily residential in character and to set forth certain minimum

standards for development within those areas. The purpose in having more than one

residential district is to provide opportunities for a variety of housing types and

arrangements within the community while providing a basic level of predictability.

There is a rebuttable presumption that the uses set forth for each district will be

compatible with each other when the standards of this chapter are met and any

applicable conditions of approval have been satisfied. Additional requirements for

development apply within overlay districts. All development is subject to section

38.100.050. Residential density is correlated with many community goals and

objectives that are contained in the city's adopted growth policy, as well as many

standards and purposes of this chapter. Table 38.320.020 sets standards for minimum

densities in residential districts which will advance these goals, objectives, and

purposes.

1. The intent and purpose of the R-S residential suburban district is to allow open

space, resource protection and primarily single-household development in

circumstances where environmental constraints limit the desirable density. All

new subdivision and site plan developments in this district shall be subject to the

provisions of division 38.430 of this chapter, pertaining to planned unit



development, and shall be developed in compliance with the adopted city

growth policy.

2. The intent of the R-1 residential single-household low density district is to provide

for primarily single-household residential development and related uses within

the city at urban densities, and to provide for such community facilities and

services as will serve the area's residents while respecting the residential

character and quality of the area.

3. The intent of the R-2 residential two-household medium density district is to

provide for one- and two-household residential development at urban densities

within the city in areas that present few or no development constraints, and for

community facilities to serve such development while respecting the residential

quality and nature of the area.

4. The intent of the R-3 residential medium density district is to provide for the

development of one- to five-household residential structures near service

facilities within the city. It should provide for a variety of housing types to serve

the varied needs of households of different size, age and character, while

reducing the adverse effect of nonresidential uses.

5. The intent of the R-4 residential high density district is to provide for high-density

residential development through a variety of housing types within the city with

associated service functions. This will provide for a variety of compatible housing

types to serve the varying needs of the community's residents. Although some

office use is permitted, it shall remain as a secondary use to residential

development. Secondary status shall be as measured by percentage of total

building area.

6. The intent of the R-5 residential mixed-use high density district is to provide for

high-density residential development through a variety of compatible housing

types and residentially supportive commercial uses in a geographically

compact, walkable area to serve the varying needs of the community's

residents. Offices and small scale retail and restaurants are allowed as

secondary uses provided special standards are met.

7. The intent of the R-O residential-office district is to provide for and encourage the

development of multihousehold and apartment development and compatible

professional offices and businesses that would blend well with adjacent land

uses. The primary use of a lot, as measured by building area, permitted in the R-O

district is determined by the underlying growth policy land use designation.

Where the district lies over a residential growth policy designation the primary

use shall be non-office uses; where the district lies over a nonresidential

designation the primary use shall be office and other nonresidential uses. Primary

use shall be measured by percentage of building floor area.

8. The intent of the RMH residential manufactured home community district is to

provide for manufactured home community development and directly related

complementary uses within the city at a density and character compatible with

adjacent development. The district is intended to be residential in character and



consistent with the standards for other forms of residential development

permitted by this chapter.

(Ord. No. 1645, § 18.16.010, 8-15-2005; Ord. No. 1693, § 4(18.16.010), 2-20-2007; Ord. No. 1709, § 2(18.16.010),

7-16-2007; Ord. No. 1761, exh. A(18.16.010), 7-6-2009; Ord. No. 1769, exh. E(18.16.010), 12-28-2009)

Sec. 38.300.110. - Residential emphasis mixed-use zoning district - intent and

purpose. (38.09.010)

A. The intent and purpose of the residential emphasis mixed-use (REMU) district is to

establish areas within Bozeman that are mixed-use in character and to provide

options for a variety of housing, employment, retail and neighborhood service

opportunities within a new or existing neighborhood, while providing predictability to

landowners and residents in uses and standards. There is a rebuttable presumption

that the uses set forth for the district will be compatible both within the district and to

adjoining zoning districts when the standards of this chapter are met and any


development apply within overlay districts. All development is subject to section

38.100.050.

1. It is further the intent of this district to implement the principles of the adopted

growth policy:

Neighborhoods:

a. Create self-sustaining neighborhoods that will lay the foundation for healthy

lifestyles;

b. Support compact, walkable developments that promote balanced

transportation options;

c. Have residential as the majority use with a range of densities;

d. Provide for a diverse array of commercial and civic uses supporting residential;

e. Have residential and commercial uses mixed vertically and/or horizontally;

f. Locate adjacent to residential neighborhoods that can sustain commercial

uses within walking distance and a wider range of housing types;

g. Encourage developments that exhibit the physical design characteristics of

vibrant, urban, and pedestrian-oriented complete streets;

Sense of Place:

h. Support or add to an existing neighborhood context;

i. Enhance an existing neighborhood's sense of place and strive to make it more

self-sustainable;

j. Encourage a new neighborhood commercial center(s) with a unique identity

and strong sense of place;

k. Develop commercial and mixed-use areas that are safe, comfortable, and

attractive to pedestrians;



l. Reinforce the principle of streets as public places that encourage pedestrian

and bicycle travel, transit, on-street parking and physical elements of

complete streets;

Natural Amenities:

m. Preserve and integrate the natural amenities into the development;

n. Appropriately balance a hierarchy of both parks and public spaces that are

within the neighborhood;

Centers:

o. Group uses of property to create vibrant centers;

p. Where appropriate create a center within an existing neighborhood;

q. Facilitate proven, market driven projects to ensure both long and short-term

financial viability;

r. Allow an appropriate blend of complimentary mixed land uses including, but

not limited to, retail, offices, commercial services, restaurants, bars, hotels,

recreation and civic uses, and housing, to create economic and social vitality;

s. Foster the master plan development into a mix of feasible, market driven uses;

t. Emphasize the need to serve the adjacent, local neighborhood and also the

greater Bozeman area as well;

u. Maximize land use efficiency by encouraging shared use parking;

Integration of Action:

v. Support existing infrastructure that is within and adjacent to REMU zones;

w. Add to existing transportation and open space network, encourage

pedestrian and bicycle travel;

x. Encourage master planned communities with thoughtful development;

y. Provide flexibility in the placement and design of new developments and

redevelopment to anticipate changes in the marketplace;

z. Provide roadway and pedestrian connections to residential areas;

aa. Facilitate development (land use mix, density and design) that supports

public transit, where applicable;

bb. Provide flexibility in phasing to help insure both long and short term

financial viability of the project as a whole;

Urban Density:

cc. Encourage efficient land use by facilitating, high-density, single or multi-

story housing, commercial and retail development;

dd. Provide transitions between high-traffic streets and adjacent residential

neighborhoods and

Sustainability:



ee. Promote sustainable communities through careful planning.

2. To accomplish the intent of the district, the REMU district may be located within

existing and established neighborhoods, or located in new undeveloped areas

of the city. Implementation of certain regulations herein may be implemented

with regard to the specific characteristics and location of a development site.

REMU districts should be located adjacent to or near planned or existing

residential development to enhance walking and bicycle use.

(Ord. No. 1802, § 2, 4-11-2011)

Sec. 38.300.120. - Commercial zoning districts - intent and purpose. (38.10.010)

A. The intent and purposes of the commercial zoning districts are to establish areas

within the city that are primarily commercial in character and to set forth certain

minimum standards for development within those areas. The purpose in having more

than one commercial district is to provide opportunities for a variety of employment

and community service opportunities within the community, while providing

predictability. There is a rebuttable presumption that the uses set forth for each

district will be compatible with each other both within the individual districts and to

adjoining zoning districts when the standards of this chapter are met and any


development apply within overlay districts.

1. The intent of the B-1 neighborhood business district is to provide for smaller scale

retail and service activities frequently required by neighborhood residents on a

day to day basis, as well as residential development as a secondary purpose,

while still maintaining compatibility with adjacent residential land uses.

Development Scale and pedestrian orientation are important elements of this

district.

2. The intent of the B-2 community business district is to provide for a broad range of

mutually supportive retail and service functions located in clustered areas

bordered on one or more sides by limited access arterial streets.

3. The intent of the B-2M community business district - mixed is to function as a

vibrant mixed-use district that accommodates substantial growth and enhances

the character of the city. This district provides for a range of commercial uses

that serve both the immediate area and the broader trade area and

encourages the integration of multifamily residential uses as a secondary use.

4. 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.

a. It is the intent of this district to encourage high volume, pedestrian-oriented

uses in ground floor space in the "core area" of the city'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.




7-16-2007; Ord. No. 1761, exh. B(18.18.010), 7-6-2009)

Sec. 38.300.130. - Urban mixed-use zoning district - intent and purpose.

(38.11.010)

A. The intent and purposes of the urban mixed-use ("UMU") district is to establish areas

within the city that are mixed-use in character, and to set forth certain minimum

standards for development within those areas which encourage vertical mixed-use

development with high density. The purpose in having an urban mixed-use district is

to provide options for a variety of employment, retail and community service

opportunities within the community, with incorporated opportunity for some

residential uses, while providing predictability to landowners and residents in uses

and standards. There is a rebuttable presumption that the uses set forth for each

district will be compatible both within the individual districts and to adjoining zoning

districts when the standards of this chapter are met and any applicable conditions

of approval have been satisfied. Additional requirements for development apply

within overlay districts.

1. It is the further the intent of this district to:

a. Allow a mixture of complementary land uses which encourages mixed uses on

individual floors including, but not limited to, retail, offices, commercial

services, restaurants, bars, hotels, recreation and civic uses, and housing, to

create economic and social vitality and to encourage the linking of trips;

b. Foster the development of vertically oriented mixed uses, in contrast to single

use development distributed along high vehicle capacity roadways;

c. Encourage development that exhibits the physical design characteristics of

vibrant, urban, pedestrian-oriented, storefront-style shopping streets with

pedestrian amenities;

d. Develop commercial and mixed-use areas that are safe, comfortable, and

attractive to pedestrians;

e. Provide flexibility in the siting and design of new developments and

redevelopment to anticipate changes in the marketplace;

f. Reinforce the principle of streets as public places that encourage pedestrian

and bicycle travel, and on-street parking;

g. Provide roadway and pedestrian connections to residential areas;

h. Provide transitions between high-traffic streets and adjacent residential

neighborhoods;

i. Encourage efficient land use by facilitating compact, high-density, multi story

development and minimizing the amount of land that is needed for surface

parking;

j. Facilitate development (land use mix, density and design) that supports public

transit, where applicable;



k. Provide appropriate locations and design standards for automobile and truck-

dependent uses;

l. Maintain mobility along traffic corridors while supporting the creation of

"places" or centers which will create lasting and enduring, long-term value to

the community;

m. Emphasize the need to serve the adjacent, local neighborhood and also the

greater city area as well;

n. Minimize parking lots through shared uses of mixed uses;

o. Create central urban gathering places such as community squares or plazas;

p. Facilitate designs of each mixed use to help ensure long-term financial viability

of each mixed use;

q. Allow for urban oriented recreational activities consistent with the standards

and intent of the district; and

r. To encourage and support the use of sustainable building practices.

2. To accomplish the intent of the district, the UMU district should ideally be located

at the intersections of major traffic corridors, that is at the intersections of two

arterials, or less frequently, an arterial and a collector street. The major

intersections should have or be planned to have a stop light or other active

traffic control. While placement at major intersections is a necessary

precondition, not all major intersections should have the UMU district adjacent to

them. Additionally, placement of this district should be adjacent or near to

dense residential development to enhance walking and bicycle use.

(Ord. No. 1681, § 2(18.19.010), 6-4-2007; Ord. No. 1709, § 4(18.19.010), 7-16-2007)

Sec. 38.300.140. - Industrial zoning districts - intent and purpose. (38.12.010)

A. The intent and purpose of the industrial zoning districts is to establish areas within the

city that are primarily industrial in character and to set forth certain minimum

standards for development within those areas. The purpose in having more than one

industrial district is to provide opportunities for a variety of employment and

community service functions within the community while providing predictability.

There is a rebuttable presumption that the uses set forth for each district will be

compatible with each other when the standards of this chapter are met and any


development apply within overlay districts.

1. 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.

2. The intent of the M-2 manufacturing and industrial district is to provide for heavy

manufacturing and industrial uses, servicing vocational and employment needs

of city residents.



3. The intent of the B-P business park district is to provide for high quality settings

and facilities for the development of a variety 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.


7-16-2007; Ord. No. 1761, exh. C(18.20.010), 7-6-2009)

Sec. 38.300.150. - Public lands and institutions district - intent. (38.13.010)

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.

(Ord. No. 1645, § 18.22.010, 8-15-2005; Ord. No. 1693, § 7(18.22.010), 2-20-2007)

Sec. 38.300.160. - Northeast historic mixed-use district - intent and purpose.

(38.14.010)

A. The intent of the northeast historic mixed-use district is to provide recognition of an

area that has developed with a blend of uses not commonly seen under typical

zoning requirements. The unique qualities and nature of the area are not found

elsewhere in the city and should be preserved as a place offering additional

opportunities for creative integration of land uses. The intent of this area is to allow

private and case-by-case determination of the most appropriate use of land in a

broad range of both nonresidential and residential uses. Standards for buffering

between different land uses are deliberately not as high as standards elsewhere in

the community as it is assumed that persons choosing to locate in this area are

aware of the variety of possible adjacent land uses and have accepted such

possibilities as both acceptable and desirable. It is expected that the lots within this

district will continue to develop under a variety of uses which may increase or

decrease in scope in any given portion of the district.

B. The clear intent of this district is to support a mix and variety of nonresidential and

residential uses. Nothing in this division 38.300 shall be interpreted to be discouraging

or prejudicial to any listed use except as set forth as principal and conditional uses.


7-16-2007)



38.310 Permitted Uses (related portions of Articles 8-14)

Sec. 38.310.010. – Interpretation of land use tables. (38.08.020 and new)

A. Uses in the various districts are depicted in Tables 38.310.030-.040. Principal uses are

indicated with a "P," conditional uses are indicated with a "C," accessory uses are

indicated with an "A" and uses which are not permitted within the district are

indicated by a "-."

B. Additional uses for wireless facilities are contained in sections 38.370.010 to

38.370.040.

C. The uses listed are deliberately broad and some are given special definitions in

article 7 of this chapter. The intent of this method is to provide general guidance for

uses while allowing the unique needs and circumstances of each proposal to be

specifically addressed through the review process. Some uses are the subject of

special regulations contained in division 38.360.

D. Clarification of permitted uses and special conditions:

1. If a * appears after the use, then the use is defined in article 7.

2. Where a code section is referenced after the use, then the use is subject to the

additional standards in that code section.

3. If a number appears in the box, then the use may be allowed subject to

development condition(s) described in the footnotes immediately following the

table. If there are multiple numbers, then the use is subject to all applicable

development conditions.

4. Where a number with a “sf” reference appears below a P or C in the box, it

means that the use is permitted or conditionally permitted up to the (maximum)

listed square footage in gross building area.

5. If more than one letter–number combination appears in the box (e.g., P2, 3), the

use is allowed in the zone subject to different sets of limitations or conditions

depending on the review process indicated by the letter, the general

requirements of the code and the specific conditions indicated in the

development condition with the corresponding number immediately following

the table.

Sec. 38.310.020. - Classification of particular uses; planning director and city

commission authority. (38.07.050)

A. The planning director shall determine the appropriate classification of a particular

use. In making this determination, the planning director shall find:

1. That the use is the same as one or more uses permitted in the district wherein it is

proposed to be located; or

2. That the use is so similar to one or more uses permitted in the district wherein it is

proposed to be located as to be interpreted as the same, so long as:

a. The use and its operation are compatible with the uses permitted in the district

wherein the use is proposed to be located;



b. The use will not cause substantial injury to values of property in the

neighborhood or district wherein it is proposed to be located; and

c. Neither the intent of this chapter nor the intent of the district will be abrogated

by such classification.

Persons objecting to decision of the planning director regarding a classification of a

use carry the burden of proof to establish error in the decision.

B. If a question arises concerning the appropriate classification of a particular use, the

planning director may submit the question to the city commission to determine

whether the particular use is the same or so similar as to be interpreted the same as

a listed permitted or conditional use. In making such a determination, the city

commission shall find that the criteria set forth in either subsection A.1 or 2 of this

section are met.

C. If a specific use is not listed and cannot be interpreted to be the same, or so similar

so as to be interpreted the same, as a listed accessory, principal or conditional use,

the use shall not be allowed. However, an amendment to the text of this chapter

may be submitted for review and approval pursuant to the requirements of this

chapter to allow such use as a listed principal, conditional or accessory use.

(Ord. No. 1645, § 18.14.050, 8-15-2005; Ord. No. 1769, exh. D(18.14.050), 12-28-2009)

Sec. 38.310.030. - Authorized uses - residential zoning districts. (38.08.020)

Table 38.310.030

Table of Residential Uses

Authorized Uses

R-S R-1 R-2 R-3 R-4 R-5 R-O RMH

Accessory dwelling units*(38.360.030)6 C7 C7 P P P P P —

Agricultural uses* on 2.5 acres or more1 P — — — — — — —

Agricultural uses* on less than 2.5 acres1 C — — — — — — —

Apartments/apartment building* — — — — P P P —

Bed and breakfast* C C C C P P P —

Commercial stable (38.360.200) C — — — — — — —

Community centers* C C C C C C P C

Community residential facilities* with eight or

fewer residents P P P P P P P P

Community residential facilities* serving nine or

more residents — — — C P P P —

Cooperative housing* C C C P P P P C

Day care centers* C C C P P P P C

Essential services Type I* A A A A A A A A

Essential services Type II* P P P P P P P P




Authorized Uses

R-S R-1 R-2 R-3 R-4 R-5 R-O RMH

Essential services Type III*8 C C C C C C C C

Extended stay lodgings* C C C P P P P —

Family day care home P P P P P P P P

Fences A A A A A A A A

Fraternity and sorority houses — — — C P — P —

Golf courses C C C — — — — C

Greenhouses* A A A A A A A —

Group day care home P P P P P P P P

Group living(38.360.110)* P P P P P P P P

Guesthouses* A A A A A A A —

Home-based businesses (38.360.120)* A/C A/C A/C A/C A/C A/C A/C A/C

Lodging houses* — — — C P P P —

Offices* — — — — C2 C2 P —

Other buildings and structures typically

accessory to authorized uses A A A A A A A A

Private garages A A A A A A A A

Private or jointly owned recreational facilities A A A A A A A A

Private stormwater control facilities A A A A A A A A

Private vehicle and boat storage A A A A A A A A/C3

Public and private parks P P P P P P P P

Manufactured homes on permanent

foundations (38.360.140)* P P P P P P P P

Manufactured home communities

(38.360.130)* — — — — — — — P

Medical offices, clinics, and centers* — — — — C C2 P —

Recreational vehicle parks (38.360.180)* C — — — — — — P

Restaurant

P9

Retail

P9

Signs*, subject to article 5 of this chapter A A A A A A A A

Single-household dwelling P P P P P P P P

Temporary buildings and yards incidental to

construction work A A A A A A A A

Temporary sales and office buildings A A A A A A A A

Three- or four-household dwelling — — — P P P P —




Authorized Uses

R-S R-1 R-2 R-3 R-4 R-5 R-O RMH

Two-household dwelling — — P P P P P —

Townhouses* (two attached units) P5 P5 P P P P P P5

Townhouses* (five attached units or less) — — — P4 P P P —

Townhouses* (more than five attached units) — — — — P P P —

Tool sheds for storage of domestic supplies A A A A A A A A

Uses approved as part of a PUD per division

38.380 of this chapter C C C C C C C C

Veterinary uses C — — — — — — —



Notes: 1. Agricultural uses include barns and animal shelters, and the keeping of animals and fowl,

together with their dependent young, as hereinafter set forth per 2.5 acres: one horse or one

cow; two sheep or two goats; ten rabbits; 36 fowl (chickens, pheasants, pigeons, etc.) or six

larger fowl (ducks, geese, turkeys, etc.). For larger parcels the review authority may determine

that a larger number of livestock is consistent with the requirements of this section.

2. Only when in conjunction with dwellings.

3. Storage for more than three recreational vehicles or boats.

4. In the R-3 district, townhouse groups shall not exceed 120 feet in total width.

5. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the

requirements of division 38.380, Affordable Housing. May only be utilized in developments

subject to division 38.380.

6. Not permitted on reduced size lots for work force housing as described in division 38.380.

7. Accessory dwelling units in the RS and R1 districts shall be permitted to be placed above

garages only in subdivisions receiving preliminary plat approval after January 1, 1997.

8. Only allowed when service may not be provided from an alternative site or a less intensive

installation or set of installations.

9. Subject uses are limited to 2,500sf of gross floor area and only allowed on street corner sites

within a mixed-use building featuring residential units next to and/or above subject uses.

(Ord. No. 1645, § 18.16.020, 8-15-2005; Ord. No. 1693, § 4(18.16.020), 2-20-2007; Ord. No. 1709, §

2(18.16.020), 7-16-2007; Ord. No. 1761, exh. A (18.16.020), 7-6-2009; Ord. No. 1769, exh. E(18.16.020), 12-28-

2009; Ord. No. 1828, § 9, 9-10-2012; Ord. No. 1838, §§ 1, 2, 9-10-2012; Ord. No. 1830, § 6, 9-24-2012; Ord. No.

1893, § 5, 8-11-2014)

Sec. 38.310.040. - Authorized uses – commercial, mixed-use, industrial and

historical zoning districts.

Table 38.310.040

Table of Uses

Zoning districts

Commercial Mixed Use Industrial

PLI B-1 B-2 B-2M B-3

UMU

(38.31

0.060)

REMU

(38.31

0.050)

NEHM

U1 BP M-1 M-2

General Sales

Automobile,

boat or

recreational

vehicle sales,

service and/or

rental

- - - - - - P - p P -

Automobile

fuel sales or C C C C C C P - p P -



Table of Uses

Zoning districts



UMU

(38.31

0.060)

REMU

(38.31

0.050)

NEHM

U1 BP M-1 M-2

repair

(38.360.060)*

Building

materials - - - - - P - P P -

Convenience

uses except for

automobile

fuel sales (as

listed above)

(38.360.100)*

C P P C C P - - - - -

Convenience

use restaurant* P P P P P

P2

5,000sf - - - - -

Restaurants* P4 P P P P P P

1,500sf - P3 P3 -

Retail* P5 P5 P5 P5 P P5,6

25,000sf A7 C8 A7 A7 C8 A7 C8 -

Retail, large

scale

(38.360.190)*

- P5 P5 - C - - - - - -

Sales of

alcohol for on-

premise

consumption

(38.360.050)

C 9 C 9 C 9 C 9 C 10 C 10 C - C11 C11 -

Personal & General Service

Ambulance

service - P P P P - P - P P P

Animal shelters - - - - - - C - C C -

Automobile

washing

establishment

(38.360.070)*

C P P C C C P - P P -

Banks and

other financial

institutions

P P P P P P P C P C -

Daycare—

Family, group,

or center*

P P P P - P C

A

C

A12

C

A12

C

A12 C

BOZEMAN UDC RE-ORGANIZATION - DRAFT 6


Table of Uses

Zoning districts



UMU

(38.31

0.060)

REMU

(38.31

0.050)

NEHM

U1 BP M-1 M-2

Health and

exercise

establishments

*

P13

C p p P P P P C P P -

Hospitals* - P P C P C - P - - -

Laundry

service center - C C C P P - - - - -

Light goods

repair* - C C A P P P - P P -

Medical and

dental offices,

clinics and

centers*

P13

C P P P P P P P P P -

Mortuary - C C C C - - - - - -

Offices* P13

C P P P13 P P P P14 P P -

Personal and

convenience

services*

P P P P P P - - - - -

Personnel

service

facilities

providing

services,

education,

food and

convenience

goods

primarily for

those

personnel

employed in

the principal

use*

- - - - - - A A A A -

Pet grooming

shop P P P P P P - - - - -

Truck repair,

washing, and

fueling services

- - - - - - C - C P -

Upholstry

shops - P P P13 P - - - - - -



Table of Uses

Zoning districts



UMU

(38.31

0.060)

REMU

(38.31

0.050)

NEHM

U1 BP M-1 M-2

(excluding on-

site upholstery

service for

cars, boats,

trailers, trucks

and other

motorized

vehicles

requiring

overnight

storage)

Veterinary

clinic - C C - P C P P P P -

Industrial & Wholesale

Food

processing

facilities*

- C C - - - P - P P -

Frozen food

storage and

locker rental

- p p - - - - - - - -

Junk salvage

or automobile

reduction/salv

age yards

- - - - - - - - - C -

Laboratories,

research and

diagnostic

- P P P14 P P

10,000sf P P P P -

Manufacturing

, artisan* P P P P15 P

P

5,000sf P P P P -

Manufacturing

(light)* - C C C13 P18

P16

5,000sf P P16 P16 P -

Manufacturing

(industrial) * - - - - - - - - - P -

Outside

storage - - - - - -

P

A A17

P

A17

P

A17 -

Printing offices

and publishing

establishments

- - - C C P

5,000sf - - - - -

Refuse and A A A A A A A A A A -



Table of Uses

Zoning districts



UMU

(38.31

0.060)

REMU

(38.31

0.050)

NEHM

U1 BP M-1 M-2

recycling

containers

Research

laboratories - - - - P - - - - - -

Sign paint

shops (not

including neon

sign

fabrication)27

- P P C C - A A A A -

Technology

research

establishments

- - - - - - P p p p -

Warehousing* - - - - - - P - P P -

Warehousing,

residential

storage (mini

warehousing)

(38.360.150)*

- - - - - - P - P P -

Wholesale

distributors with

on-premise

retail outlets

(providing

warehousing is

limited to

commodities

which are sold

on the

premises)

- C C - P C

10,000sf - - - - -

Wholesale

establishments

(ones that use

samples, but

do not stock

on premises)

- P P P P C

5,000sf - - - - -

Residential & lodging

Accessory

dwelling unit

(38.360.030)

- P P - - - -

Apartments

and P

P 13

C P 19 P 13 P P - - - - -



Table of Uses

Zoning districts



UMU

(38.31

0.060)

REMU

(38.31

0.050)

NEHM

U1 BP M-1 M-2

apartment

buildings*

Bed and

breakfast* - - - - - P C - - - -

Community

residential

facilities with

eight or fewer

residents*

P P 13

C

P 13

C P 13 P P P - - - -

Community

residential

facilities

serving nine or

more

residents*

- C C - P P - - - - -

Cooperative

household* - - - - - P C - - - -

Extended-stay

lodgings - P P P P

P

40,000sf C - - - -

Fraternity,

sorority or

lodge

- - - - - P - - - - -

Group living

(38.360.110)* - - - - - P P - - - -

Home-based

businesses

(38.360.120)*

A A A A A A A A A A -

Hotel or motel* - P P P P P

40,000sf P - P P -

Lodging

houses* - C C 19 C 13 P P - - - - -

Private club,

fraternity,

sorority or

lodge

- p p P P - - - - - -

Residential use

which is clearly

accessory to

the operation

of a permitted

- - - - - - A20, 21 - A20, 21 A20, 21 -



Table of Uses

Zoning districts



UMU

(38.31

0.060)

REMU

(38.31

0.050)

NEHM

U1 BP M-1 M-2

principal or

conditional

use

Single

household

dwelling

- - - - - P P - - - -

Three- or four-

household

dwelling

- - - - - P - - - - -

Townhouses* P22

C22

P13,22

C22

P13,19

C22

P13,22

C22 - P23 - - - - -

Two-household

dwelling - - - - - P P - - - -

Public, educational, government & regional

Business,

technical or

vocational

school

- C C P 13 P P - - - - -

Bus terminals - C C C C - - - - - -

Cemeteries

(38.360.080)* - - - - - - - - - - P

Essential

services Type I

(38.360.240)

A A A A A A A A A A A

Essential

services Type II

(38.360.240)

P P P P P P P P P P P

Essential

services Type III

(38.360.240)

C 24 P P C 24 C C 24 P

C P P P P

Meeting hall - P P P P P - - - - -

Museum - C C C P P - - - - p

Other public

buildings, e.g.

fire and police

stations and

municipal

buildings

- - - - - - - - - - P



Table of Uses

Zoning districts



UMU

(38.31

0.060)

REMU

(38.31

0.050)

NEHM

U1 BP M-1 M-2

Production

manufacturing

and

generation

facilities

(electric and

gas)

- - - - - - - - - C -

Public and

non-profit,

quasi-public

institutions, e.g.

universities,

elementary

junior and

senior high

schools and

hospitals

- - - - - - - - - - P

Public

buildings* p p p P P P P p p P -

Publicly

owned

community

centers*

- - - - - - - - - - P

Publicly

owned land

used for parks,

playgrounds

and open

space

- - - - - - P - - - P

Solid waste

transfer station - - - - - - - - - C -

Solid waste

landfill and

transfer

facilities

- - - - - - - - - - C

Trade schools - - - - - - P - P P -

Truck, bus and

rail terminal

facilities

- - - - - - P - P P -

Recreational, cultural & entertainment

Adult business - - - - - - P - P P -



Table of Uses

Zoning districts



UMU

(38.31

0.060)

REMU

(38.31

0.050)

NEHM

U1 BP M-1 M-2

(38.360.040)* C

Amusement

and

recreational

facilities

- - - - - - P - P C -

Arts and

entertainment

center*

P P P P P P

12,000sf - - - - -

Community

centers

(38.360.220)*

P P P P 15 P P P

C P P P -

Museum, zoos,

historic and

cultural

facilities and

exhibits

- C C C C C - - - - P

Accessory and/or other uses

Agriculture - - - - - - - - - P -

Vehicle

parking lot or

garage (public

or private)

P

A

P

A

P

A

P13

A

P

A

P

A P

A

P

A

P

A

P

A A

Other buildings

and structures

(typically

accessory to

permitted

uses)

A A A A A A A A A A A

Temporary

buildings and

yards

incidental to

ongoing

construction

work

- - - - - - A A A A -

Any use,

except adult

businesses and

casinos,

approved as

part of a

C C C C C C C C25 C25 C25 -



Table of Uses

Zoning districts



UMU

(38.31

0.060)

REMU

(38.31

0.050)

NEHM

U1 BP M-1 M-2

planned unit

development

subject to the

provisions of

division 38.430.

Notes: 1. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of

which aren’t addressed in this table).

2. Convenience use restaurants with drive-ups or drive-throughs require additional buffering

when adjacent to residential uses which may include, but are not limited to sound barrier

walls, berms, and/or landscaping.

3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square

feet, whichever is less, or occupying not more than 45 percent of the gross floor area of a

food processing facility.

4. Exclusive of drive-ins.

5. Excluding adult businesses as defined in section 38.700.020 of this chapter.

6. Special REMU district conditions based on the amount of on-site retail uses:

a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are

limited to no more than four structures per 100 acres of contiguous master planned

development and subject to section 38.310.050.C.

b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are

limited to no more than two structures per 100 acres of contiguous master planned

development and subject to section 38.310.050.C.

7. Retail sales of goods produced or warehoused on site and related products, not to exceed

20 percent of gross floor area or 10,000 square feet, whichever is less.

8. Retail establishments other than principal uses listed in this section

9. Also subject to chapter 4, article 2.

10. No gaming allowed.

11. Sales of alcohol for on-premise consumption in the M-1 and M-2 districts are permitted with

the following conditions:

a. Restaurants serving alcoholic beverages are limited to those with state beer and wine

licenses issued since 1997, prohibiting any form of gambling and occupying not more than

45 percent of the total building area of a food processing facility; and/or

b. Retail sales for on-premise consumption of alcohol produced on site, not to exceed 10,000

square feet or 50 percent of the facility, whichever is less.



12. If primarily offering services to a single business or group of businesses within the same

building or building complex.

13. When located on the second or subsequent floor, or basement as defined in section

38.700.030 of this chapter.

14. Professional and business offices only.

15. For uses in the downtown core as described in 38.300.120.A.3.a and located on the

ground floor adjoining Main Street, a high volume, pedestrian-oriented use adjoining the

building's entrance on Main Street is required.

16. Completely enclosed within a building.

17. Only if accessory to a principal use and if screened from the street and surrounding

properties by a solid fence or dense plantings at least six feet in height.

18. Subject to the requirements of division 38.560 of this chapter.

19. Non-residential uses are required on the ground floor to a minimum depth of 20 feet from

front building façade on properties adjacent to designated Storefront Streets per section

38.500.010.

20. For the purposes of this section, accessory means less than 50 percent of gross floor area of a

building, and being generally located on the second or subsequent floor.

21. May be subject to the provisions of chapter 38, article 3.

22. 5 or more attached units.

23. 5 attached units or less.

24. Only allowed when service may not be provided from an alternative site or a less

intensive installation or set of installations.

25. Also excludes retail, large scale uses.

Note — Additional uses for telecommunication facilities are provided for in division 38.370 of this

chapter.

Sec. 38.310.050. – Supplemental use provisions for the residential emphasis

mixed-use zoning district. (38.09.020)

A. Uses required and limited.

1. REMU districts are intended to be developed with a mix of uses that encourage

a range of building types, scales, densities, and site configurations.

2. Developments are encouraged to include nonresidential uses, especially

commercial and neighborhood support services, mixed horizontally and/or

vertically, to promote compact, walkable and sustainable neighborhoods.

3. Nonresidential uses shall not exceed 30 percent of the total gross building square

footage of all uses within the master planned area unless otherwise allowed in

this section, through a master site plan or planned unit development (PUD)

review.

4. For the purposes of calculating the percentage of a use within the master

planned area, the gross square foot floor area of building for each use shall be

utilized.



5. The specific method of tracking will be determined during the master site plan,

PUD, or site plan review.

6. Home-based businesses are not considered nonresidential uses and shall not be

limited by the provisions of the section.

7. Nonresidential uses intended for public benefit and shared public amenities shall

not be limited by the provisions of this section. These uses include, but are not

limited to, schools, parks, community centers, city operated services and

structured parking facilities.

B. Development review applications.

1. To accomplish the intent of the district, the REMU district is anticipated to be

located on sites five acres or larger. Development review applications for sites in

the REMU district greater than, or equal to, five acres will be first subject to review

as a master site plan per article 2 of this chapter; or as a PUD per division 38.430,

as determined by the applicant.

2. Project applications for subsequent project phases in compliance with an

approved master site plan or PUD may be reviewed as a site plan review or

sketch plan review in accordance with article 19 of this chapter.

3. All development review applications for property in the REMU district smaller than

five acres are subject to the standards in this article; and may be subject to

review as a master site plan per division 38.230 upon a finding by the city that:

a. The development application is for a site considered a major infill site, having

a significant impact on an existing neighborhood; or may create a center

within an existing neighborhood;

b. The proposed development is located at an intersection deemed to have

special significance;

c. The proposed development may have a significant impact on existing

transportation and open space network, pedestrian and bicycle travel;

d. The proposed development requires a multi-year approval and multiple

phases for completion.

(Ord. No. 1802, § 2, 4-11-2011; Ord. No. 1828, § 10, 9-10-2012; Ord. No. 1838, § 3, 9-10-2012; Ord. No. 1874, §

5, 12-2-2013; Ord. No. 1893, § 6, 8-11-2014)

Sec. 38.310.060. - Supplemental use provisions for the urban mixed-use zoning

district.

A. Mixed uses required and limited.

1. Development shall include a mix of uses.

2. Uses shall be grouped as commercial, industrial, offices, institutional, and

residential. A combination of at least two different groups of uses shall be

provided within each site plan.



3. No use group shall exceed 70 percent of the total gross building floor area in the

entire site development. Multiple buildings may be shown on a single site plan as

allowed in division 38.230 of this chapter.

4. The ground level gross building area shall be at least 75 percent nonresidential in

use. Structured parking is classified as a nonresidential use. Structured parking at

the ground level shall include liner buildings of usable proportions along at least

40 percent of the building facades facing a street or greenway.

5. One residential dwelling unit shall be provided for each 10,000 square feet of

nonresidential gross building area. The residential units may be provided as part

of the last elements of a phase in a multi-phased development.

6. For the purposes of calculating the percentage of a use within the site

development the gross square foot floor area of building for each use shall be

utilized.

(Ord. No. 1681, § 2(18.19.020), 6-4-2007; Ord. No. 1709, § 4(18.19.020), 7-16-2007; Ord. No. 1838, § 4, 9-10-

2012; Ord. No. 1874, § 6, 12-2-2013; Ord. No. 1877, § 1, 12-2-2013; Ord. No. 1893, § 8, 8-11-2014)



38.320 Form & Intensity Standards (related portions of Articles 8-14)

Sec. 38.320.010. – Interpretation of tables. (new)

A. The form and intensity standards tables include the form and intensity requirements

for development specific to individual zoning districts. The zoning district is located

on the vertical column and the form/intensity topic being addressed is located on

the horizontal row of these tables.

B. Where an code reference or link appears after the form and intensity topic, then the

use is subject to standards set forth in that section or chapter.

C. If a number appears in the box, refer to the development condition with the

corresponding number immediately following the table. If there are multiple

numbers, then all development conditions apply.

D. Sections 38.320.050-110 provide clarification and exceptions to the form and

intensity standards herein.

Sec. 38.320.020. – Form & intensity standards – residential districts. (38.08)

A. Lot area and width: (38.08.040)

1. All lots shall have a minimum area as set forth in Table 38.320.020 below and are

cumulative. These minimums assume a lack of development constraints. Each lot

must have a usable lot area of at least 50 percent of the total minimum lot area.

Lots less than 3,000 square feet or 25 feet wide may limit their ability to comply

with other required standards of the municipal code.

2. All lots shall have a minimum width as set forth in Table 38.320.020. These

minimums assume a lack of development constraints. All lots must conform to

development standards for provision of public and private utilities.

3. Lot area and width for R-S residential suburban lots.

a. Lot area and width for newly created lots in R-S districts shall be determined

through the PUD review procedures set forth in division 38.430 and in

compliance with the adopted city growth policy. Unless otherwise approved

through the planned unit development process, the average lot size shall be

one acre.

b. Existing lots in the R-S district not utilizing a community water and/or sewer

system shall be considered nonconforming lots if less than one acre in area

and/or 100 feet in width and subject to article 2 of this chapter. Existing lots in

the R-S district utilizing a community water and/or sewer system shall be

considered nonconforming lots if less than one-half acre in area and/or 100

feet in width and subject to division 38.270 of this chapter.

4. Lot area and width may be reduced to allow a density bonus through the PUD

process. Amount of a bonus, methodology for calculating the bonus, and

standards for allowing a bonus are described in section 38.430.090.E.2.b(6).


2(18.16.040), 7-16-2007; Ord. No. 1761, exh. A (18.16.040), 7-6-2009; Ord. No. 1769, exh. E(18.16.040), 12-

28-2009; Ord. No. 1830, § 8, 9-24-2012)



B. Minimum density. New residential development shall provide a minimum net density

as set forth in Table 38.320.020 below. A minimum is required to support efficiency in

use of land and provision of municipal services, and to advance the purposes and

goals of this chapter and the adopted growth policy. Density may be achieved by

averaging lot sizes over an entire development. (38.08.080)

(Ord. No. 1769, exh. E(18.16.090), 12-28-2009; Ord. No. 1830, § 9, 9-24-2012)

Editor's note— Ord. No. 1830, § 9, adopted Sept. 24, 2012, repealed § 30.08.080 and renumbered §

38.08.090 as 38.08.080 as set out herein. The former § 38.08.080 pertained to additional RMH district

performance standards and derived from Ord. No. 1645, § 18.16.080, adopted Aug. 15, 2005; Ord. No.

1693, § 4(18.16.080), adopted Feb. 20, 2007; Ord. No. 1709, § 2(18.16.080), adopted July 16, 2007; Ord.

No. 1761, exh. A (18.16.080), adopted July 6, 2009; and Ord. No. 1769, exh. E(18.16.080), adopted Dec.

28, 2009.

C. Lot coverage and floor area: (38.08.030)

1. Maximum lot coverage by principal and accessory buildings shall be as set forth

in Table 38.320.020 below.

2. Minimum floor area requirements for each dwelling in all districts shall be that

area required by the city's adopted International Building Code.

3. The total floor area of the dwelling built on a lot which was subject to the

provisions of Ordinance 1604 (Exhibit A) (Code 1982, § 18.42.180), (excluding

area used for a garage) shall not exceed a floor area ratio of 1:3.3. For example,

if the lot is 5,000 square feet the square footage of the house can not exceed

1,515, or a ratio of one square foot of floor area for each 3.3 square feet of lot

area.

(Ord. No. 1645, § 18.16.030, 8-15-2005; Ord. No. 1693, § 4(18.16.030), 2-20-2007 Ord. No. 1709, §


28-2009; Ord. No. 1830, § 7, 9-24-2012)

D. Maximum building height for each residential district shall be as as set forth in Table

38.320.020 below. (38.08.060)



28-2009)

E. Minimum yards: (38.08.050)

1. Minimum yards for each residential district shall be as as set forth in Table

38.320.020 below.

2. When a lot has one or more principal buildings which are oriented to place the

functional rear of a building adjacent to a side lot line a setback from the

property line equal to that for a rear yard shall be provided.

3. All yards are subject to the provisions of sections 38.340.060, 38.320.100,

38.410.100, 38.400.100 and 38.550.100.



28-2009)



Table 38.320.020

Table of Form & Intensity Standards – Residential Districts

Use Type/Standard R-S R-1 R-2 R-3 R-4 R-5 R-O RMH

Minimum Lot Area (square feet)1 (38.08.040-I)

Single-household dwelling

See

subsection

A.3 of this

section

5,0001 5,0001 5,0001 5,0001 3,0001,2 5,0001 5,0001


(only for dwellings to satisfy

minimum requirements of

chapter 38, article 3)3

2,7004 2,7004 2,7004 2,7004 2,7004 2,7004 2,7004 2,7004

Two-household dwelling - - 6,000 6,000 6,000 5,000 6,000 -

Two-household dwelling




- - 2,500 2,500 2,500 2,500 2,500 -

Lot area per dwelling in

three- or four-household

dwelling configurations

- - - 3,000 3,000 None 5 3,000 -

Lot area per dwelling in

three- or four-household

dwelling configurations (only

for dwellings to satisfy



- - - 2,500 2,500 None5 2,500 -

Townhouses - - 3,0006 3,0007 3,0007 None5 3,0007 -

Townhouses (only for

dwellings to satisfy minimum

requirements of chapter 38,

article 3)3

2,500 2,500 2,500 2,500 2,500 None4,

5 2,500 2,500

Apartments - first dwelling - - - - 5,000 None5 5,000 -

Apartments - each dwelling

after the first - - - - 1,200 None5 1,200 -

Apartments - each dwelling

after the first (only for

dwellings to satisfy minimum


article 3)3

- - - - 900 None5 900 -

Additional area required for

an accessory dwelling unit8 1,0009 1,000 1,00010 1,00010 1,00010 None5 1,00010 -

All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 None5 5,0001 5,0001

Minimum Lot Width (feet) (38.08.040-2)





See

subsection

A.3 of this

section

50/4011 50/4011 50/4011 50/4011 35/2511 50/4011 50/407




article 3)

See

subsection

A.3 of this

section

30 30 30 30 30 30 30

Two household dwelling - - 60/5011 60/5011 50/5011 50/4011 50/5011 -

Accessory dwelling unit12 50 50/4011 60/5011 60/5011 60/5011 None13 60/5011 -

Dwellings in three- or four-

household dwelling

configurations

- - - 60 60 None13 60 -

Townhouses 30 30 30

Width

of

interior

units

Width

of

interior

units

Width

of

interior

units

Width

of

interior

units

-

All other uses

See

subsection

A.3 of this

section

50 50 50 50 None13 50 50

Density, Floor Area and Lot Coverage (38.08.030 & .080)

Minimum density (dwellings

per net acre) None 5 5 5 8 8 6 5

Maximum lot coverage14 25%15 40% 40% 16 40% 16 50% - - 40% 16

Maximum Building Height (feet) (38.08.060)

Roof Pitch in Feet R-S R-1 R-2 R-3 R-4 R-5 R-O RMH

Less than 3:12 24 24 24 32 34 4417 34 24

3:12 or greater but less than

6:12 30 28 28 38 38 4817 38 28

6:12 or greater but less than

9:12 34 32 32 40 42 5217 42 32

Equal to or greater than 9:12 38 36 36 42 44 5417 44 36

Minimum Yards (feet)18 (38.08.050)

(see 38.320.100 for yard encroachments, limitations & exceptions)

Front yard - adjacent to

arterial streets 19 35 20, 21 25 25 25 25 15 22 25 25


collector streets 19 3520, 21 20 20 20 20 15 22 20 20





local streets 19 3520, 21 15 15 15 15 15 22 15 15

Rear yard 2520, 21, 24 2024 2024 2024 2024 2024 2024 2024

Side yard 2520, 21 523 523 523 523 523 523 523

Notes: 1. In order to comply with the standards contained in this chapter, lot area in excess of the

required minimum may be needed; for example for corner lots, parking, landscaping or large

residential structures, and may be necessary for property adjacent to watercourses,

ridgelines, or other environmental features in order to provide an appropriate buildable area

on the lot.

2. Lots less than 5,000 square feet created on or after February 5, 2016 may be subject to the

affordable housing provisions of division 38.380 of this chapter.

3. A larger lot size may be required to comply with the requirements of section 10.08.060, Table

10.08.060, Mix and Price of Dwelling Units.

4. May only be utilized in developments subject to division 38.380.

5. Lot sizes may be variable provided they are sized and shaped sufficient to accommodate

permitted uses and conform to applicable design and density standards.

6. Per townhouse lot.

7. For townhouse clusters the minimum average lot area per dwelling in an individual structure

shall be 3,000 square feet.

8. As defined in section 38.700.020 of this chapter and subject to the requirements of division

38.360 of this chapter.

9. Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.

10. Second dwellings in accessory buildings are subject to all restrictions in this chapter

relating to accessory buildings. Lot area and width shall be provided as if the dwelling were

attached to the principal use. Dwellings to be developed under this option are subject to

section 38.360.030.

11. When the lot is adjacent to an alley and vehicle access is taken only from that alley.

12. Second dwellings in accessory buildings are subject to all restrictions in this chapter

relating to accessory buildings. Lot area and width shall be provided as if the dwelling were

attached to the principal use. Dwellings to be developed under this option are subject to

38.360.030.

13. Lot widths may be variable provided they are sized and shaped sufficient to

accommodate permitted uses and conform to applicable design and density standards.

14. In all residential zoning districts for those lots used to satisfy the requirements of chapter 38,

article 3, not more than 60 percent of the lot area shall be covered by principal and

accessory buildings. When a larger lot has a portion of its total dwellings subject to the

requirements of chapter 38, article 3, either directly or inherited from a previous subdivision,

the portion used for those dwellings may have up to 60 percent of the lot area covered by

principal and accessory buildings.



15. For newly created lots in the R-S district, determined through the PUD review procedures set

forth in division 38.430, in compliance with the adopted city growth policy.

16. The maximum lot coverage for townhouses in the R-1, R-2, R-3, and RMH districts is 50%.

17. An area, not to exceed a total of 10 percent of the building footprint, may extend above the

maximum building height by up to 12 feet. Such elements may include stair or elevator

penthouses, service elements, or habitable area and shall be set back from the edge of the

building by at least 5 feet (see Figure 38.320.020 below for an example) to reduce the visibility

of such feature.

Figure 38.320.020. Limited exceptions to height limits for elevator or stair penthouses or

similar features are permitted provided they occupy no more than 10 percent of

building’s footprint and are setback from the edge of the building by at least five feet

to reduce their visibility from the ground level. 18. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to a

property line, unless explicitly authorized otherwise under this chapter.

19. Local, collector, and arterial streets are as designated in the city growth policy.

20. Minimum yard requirements for newly created R-S lots shall be determined through the PUD

review process.

21. All pens, coops, barns, stables or permanent corrals shall be set back not less than 100 feet

from any residence or public road and not less than 50 feet from any property line.

22. Porches and covered entries in the R-5 district may project up to six feet into the front yard

area except where front yard utility easements prevent such projections.

23. No side yard is required for the interior walls of townhouses.

24. Adjacent to arterial streets as designated in the city growth policy, 25 feet.



Figure 38.320.020. Local streets setback for dwelling and garage, except for R-S district.

F. Residential garages. (38.320.020)

1. Attached residential garages shall not obscure the entrance to the dwelling.

Attached garages are required to be clearly subordinate to the dwelling. A

subordinate garage has two or more of the following characteristics:

a. The principal facade of the dwelling has been emphasized through the use of

architectural features such as, but not limited to, porches, fenestration

treatment, architectural details, height, orientation or gables, so that the non-

garage portion of the residence is visually dominant;

b. The facade with the garage vehicle entrance is recessed at least four feet

behind the facade of the dwelling containing the main entry; and/or

c. The area of the garage vehicle door comprises 30 percent or less of the total

square footage, exclusive of any exposed roof areas, of the principal facade

of the dwelling. Principal facade shall include all wall areas parallel to the

garage door.

2. Alternative means of addressing the intent of this section will be considered.

Detached garages are encouraged when they are compatible with the existing

neighborhood development pattern. Vehicular garage access on nonprincipal

facades and/or alleys is also encouraged.



28-2009)



Figure 38.320.020.F Residential garages

G. Special standards for R-5: All development within the R-5 district shall conform to

chapters 1 through 4 of the design objectives plan established pursuant to article 3

of this chapter. In the event of a conflict between the design objectives plan and

the standards of this chapter, the standards of this chapter shall govern. (38.08.090)



Sec. 38.320.030. – Form & intensity standards – Residential emphasis mixed-use

zoning district. (38.09.030.H)

A. Lot area and width: All newly created lots shall have a minimum area adequate to

provide for required yards and parking as set forth in Table 38.320.030 below.

B. Lot coverage and floor area:



2. Minimum floor area requirements for each dwelling shall be that area required

by the city's adopted International Building Code.

C. Maximum building height for applicable dwelling/use type shall be as as set forth in

Table 38.320.030 below.

D. Minimum yards:

1. Minimum yards for applicable dwelling/use type shall be as as set forth in Table

38.320.030 below.

2. All yards are subject to the provisions of sections 38.340.060, Design Criteria and

Development Standards in Entryway Corridors, 38.320.100, Yard and Height

Encroachments, Limitations and Exceptions, 38.410.100, Watercourse Setback,

38.400.100, Street Vision Triangle, and 38.550.100, General Maintenance, when

applicable.

Table 38.320.030

Table of Form & Intensity Standards –

Residential Emphasis Mixed-Use Zoning District

Standard

Small-lot

single-

household

Single-

household

Townhouse/

townhouse

cluster1

Two to four

household

dwellings,

group

living,

apartments

Mixed use

(residential

over

commercial)

Non-

residential

Lot and Floor Area Standards

Minimum lot area

(square feet) 2,500 4,0002 - Note3 None4 -

Minimum lot width

(feet) 25 40 15.5 Note3 None4 -

Maximum lot

coverage 75% 50% 75% 75%5 75%5 100%6

Maximum allowable

floor to area ratio 1.5:1 1:1 2.5:1 4:1 0.75:17

Max:

0.5:17



Standard

Small-lot

single-

household

Single-

household

Townhouse/

townhouse

cluster1

Two to four

household

dwellings,

group

living,

apartments

Mixed use

(residential

over

commercial)

Non-

residential

Minimum and Maximum Building Height (feet)

(where only one number is shown in the column, the number shall represent the maximum height

limit)

Roof pitch: Less than

3:12 35 35 35

5 stories

maximum

2 stories

minimum &

5 stories

maximum

15 feet

minimum

& 5 stories

maximum

Roof pitch: 3:12 or

greater but less than

6:12

38 38 38

Roof pitch: 6:12 or

greater but less than

9:12

40 40 42

Roof pitch: Equal to

or greater than 9:12 42 42 44

Minimum-Maximum Yards (feet)

(where only one number is shown in the column, there is no “maximum” yard)

Front Yard Note8 Note9

Adjacent to

arterial streets 25 25 25 25 - -

Adjacent to

collector streets 15-20 15-20 15-20 15-20 - -

Adjacent to local

streets 10-15 10-15 10-15 10-15 - -

Rear Yard 10 15 10 10 - -

Adjacent to

arterial streets 25 25 25 25 - -

Side Yard 510 510 511 5 - -

Vehicle Entrances 2012 2012 2012 - - -

Garages and Special Parking Standards

Residential garages Note 13 Note 13 Note 14 Note 14 - -

Special Parking

Standards - - - Note15 Note7, 15 Note7, 15



Notes: 1. Additional notes.

(1) Portions of site development review applications within the REMU zone for attached multi-

household developments should be urban in character and may be designed such that

each dwelling unit has a ground level entry oriented to the public realm, and sharing one

or more walls with another dwelling unit.

(2) Such units should be broadly consistent in scale and level of architectural detail, but shall

be designed to emphasize a distinction in individual dwelling units through form, massing,

articulation, color and other architectural means.

(3) Townhouse units may incorporate home-based businesses at the ground level with direct

access from a public right-of-way or other accessible route. These uses are exempt from

off-street parking requirements.

(4) Developments incorporating townhouse units may include individual retail uses at the

ground level no greater than 2,000 square feet in area, when located along the primary

frontage. The first 2,000 square feet of any nonresidential use in this development type is

exempt from off-street parking requirements. Parking lots for such uses shall not be

permitted along primary street frontages. Apply standards of section 38.540.050.D for

accessible parking spaces.

2. Additional area for accessory dwelling unit: 800 square feet minimum.

3. Apply standards of section 38.320.020, Table 38.320.020 (Lot Area Table), section 38.360.110,

or if a structured internal parking facility is provided, then required lot area may be reduced

by up to 50 percent.

4. Lots shall be sized to accommodate required open space required in section 38.420.020.E as

applicable.

5. Lot coverage may be up to 100 percent if a structured parking facility is provided that

accommodates all required parking.

6. Lot coverage may be up to 100 percent if parking requirements are met by shared or off-site

parking facilities, or if a structured parking facility is provided that accommodates all required

parking.

7. Special parking standards.

(1) Structured parking incentive. A floor area bonus of one square foot of nonresidential up to

a total of 50 percent of the gross building area of all uses may be granted for each square

foot of area of structured parking.

(2) Parking for individual lots may be provided elsewhere within the district with a shared

parking agreement, provided that the overall parking ratio for the district is comparable

with documented parking ratios in developments of similar scale, intensity of use,

population density, and scope.

8. Yards:

(1) No minimum yards are required for the mixed-use district. Easements for utilities or other

special standards may require buildings to be placed back from lot lines.

(2) Maximum setback. Buildings shall be oriented to the adjacent street. At least 50 percent of

the total building frontage, which is oriented to the street, shall be placed within ten feet of

any minimum required separation from the property line.

9. Yards.



(1) Minimum yards. No minimum yards are required for nonresidential uses. Easements for

utilities or other special standards may require buildings to be placed back from lot lines.

(2) Maximum setback. Buildings shall be oriented to the primary street. At least 50 percent of

the total building frontage, which is oriented to the street, shall be placed within ten feet of

any minimum required separation from the property line.

(3) Special yard requirements. All yards associated with non-residential development shall be

subject to the provisions of section 38.550.050.C, Parking lot landscaping, and sub section

38.550.050.B, Additional screening requirements, when applicable.

10. Allow "zero-lot line" development through shared use easements or placement of buildings

on or near one of the side lot line.

11. Or zero feet for interior walls of townhouses.

12. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to a

property line, unless explicitly authorized otherwise under this chapter.

13. Garages. Apply standards of section 38.320.020 and section 38.320.080 (except section

38.320.080.H).

14. Garages. To ensure that the subject housing types contribute to a community-oriented,

pedestrian-friendly streetscape, they must comply with the following specific standards of this

chapter.

(1) Section 38.320.020, residential garages.

(2) Section38.400.090.C.2.a, Drive access requirements—residential.

(3) Section 38.540.010.D, stacking of off-street parking spaces.

(4) Section 38.540.010.E, no parking permitted in required front or side yards.

(5) Section 38.540.010.F, parking permitted in rear yards.

15. Bicycle parking. Covered bicycle parking shall be provided by all mixed use development.

The covered spaces shall be either ten bicycle parking spaces or one-half of the total

minimum bicycle parking whichever is less.

(Ord. No. 1802, § 2, 4-11-2011)

Sec. 38.320.040. – Form & intensity standards – Non-residential and other mixed-

use districts. (Portions of Articles 10-14)

A. Lot area and width: (38.10.040) All newly created lots shall have a minimum area

adequate to provide for required yards and parking as set forth in Table 38.320.040

below.


3(18.18.040), 7-16-2007; Ord. No. 1761, exh. B(18.18.040), 7-6-2009)

B. Lot coverage and floor area: (38.10.030)



2. Minimum floor area requirements for each dwelling in all districts shall be that

area required by the city's adopted International Building Code.


3(18.18.030), 7-16-2007; Ord. No. 1761, exh. B(18.18.030), 7-6-2009)



C. Maximum building height for applicable non-residential and mixed-use districts shall

be as as set forth in Table 38.320.040 below. (38.10.060)


3(18.18.060), 7-16-2007; Ord. No. 1761, exh. B(18.18.060), 7-6-2009)

D. Minimum yards: (38.10.050)

1. Minimum yards for applicable non-residential and mixed-use districts shall be as

as set forth in Table 38.320.040 below.

2. When a lot has one or more principal buildings which are oriented to place the

functional rear of a building adjacent to a side lot line a setback from the

property line equal to that for a rear yard shall be provided.

3. All yards are subject to the provisions of sections 38.340.060, Design Criteria and

Development Standards in Entryway Corridors, 38.320.100, Yard and Height

Encroachments, Limitations and Exceptions, 38.410.100, Watercourse Setback,

38.400.100, Street Vision Triangle, and 38.550.100, General Maintenance, when

applicable.



28-2009)

4. The purpose of differentiated yard setback requirements in the B-1 and B-2

districts is to encourage the placement and development of buildings in a

manner to address the street and adjacent pedestrian activity and encourage a

vigorous and diverse streetscape.

Table 38.320.040

Table of Form & Intensity Standards – Non-Residential and Other Mixed-Use Districts

Standard

Zones

Commercial

zoning districts

UMU

Industrial

zoning districts

PLI NE-HMU B-1 B-2 B-2M B-3 BP M-1 M-2

Lot and Floor Area Standards

Minimum lot area

(square feet) 5,000 - - - - 43,560 7,500 - - 5,0001

Minimum lot width

(feet) 50 100 - - - 150 75 100 - 502

Maximum lot

coverage

100% 3

100% 100% 100% 100%4 - 100% 100% - 40%-

100% 5

Maximum

impervious surfaces6 - - - - - 60% - - - -

Minimum floor area - - - - 0.50 - - - - -



Standard

Zones

Commercial

zoning districts

UMU

Industrial

zoning districts

PLI NE-HMU B-1 B-2 B-2M B-3 BP M-1 M-2

ratio7

Building Height Standards (feet)

Minimum building

height - - - - 22 8 - - - - -

Maximum building

height

Variable 9

55/7010 5511 45 45 - 45

Roof pitch < 3:12 34 38 12 3812

Roof pitch 3:12 or

> 38 44 12 4412

Commercial floor

space on ground

floor (min. floor to

ceiling height in

feet)

12 12 12 12

Minimum Yard (feet)

Front Yard 713 713 Note 14 015 016 2517 20 20 018 20

Rear Yard 10 10 10 19 015 016 2017 3 3 018 3

Side Yard 520 520 520 015 016 1517, 20 3 20 3 20 018 3

Side or Rear Yard

Adjacent to Alley 5 5 - 5 016 5 5 5 5

Parking & loading

areas (feet)

Note 21

Note 21

Front Yard 25 25 Note 14 - 20 20

Rear Yard 10 22 10 22 5 22 0 23 - - -

Side Yard 8 22 8 22 5 22 0 23 - - -

Garages and Special Parking Standards

Residential Garages - - - - - - - - - Note 24

Special Parking

Standards

Note 25

Note 25

Note 25 Note

25 Note 25 Note 25

Notes:

1. The lot area shall provide all required yard areas and off-street parking and loading. Lot area

per dwelling shall not be less than 5,000 square feet per detached single-household dwelling

and 3,000 square feet per attached dwelling. Lot area per each dwelling used to satisfy the

requirements of division 38. 380, shall not be less than 3,000 square feet per detached single-

household dwelling and 2,500 square feet per attached dwelling.



2. No lot width shall be less than 50 feet except lot width for townhomes and lots or dwellings

satisfying the requirements of division 38.380, may be not less than 30 feet.

3. In the B-1 district, the footprint of individual buildings shall not exceed 5,000 square feet.

4. In the UMU district, the footprint of individual buildings shall not exceed 45,000 square feet.

5. The maximum lot coverage shall be 40% for principally residential uses or 100% for principally

non-residential uses.

6. A minimum of the remaining percentage of the total lot area shall be landscaped as defined

in this chapter.

7. "Floor area ratio" is the ratio attained by dividing the gross square feet of building by gross land

area of the lot being developed. A site plan for development may show future phases of

buildings to be used to demonstrate compliance with the minimum floor area ratio standard.

8. Buildings within a development or each phase of a multi-phased development shall have

varying heights achieved through the use of multiple stories.

9. B-2 height exceptions:

a. For buildings designed for non-residential or mixed-use: Five stories or 60 feet (whichever is

less), provided the top floor of five-story buildings within 30 feet of the front property line

feature must have a stepback of at least ten feet from the front face of the building.

Figure 38.320.040.1 The top floor of five story buildings within 30 feet of a street

property line shall feature a ten-foot stepback along the front façade to reduce

the perceived scale of the building.

b. For buildings designed for single purpose residential use: Four stories or 50 feet (whichever is

less).

c. An area, not to exceed a total of ten percent of the floor area which is located at street

level, may extend above the maximum building height by up to 12 feet.



Figure 38.320.040.2 Limited exceptions to height limits for elevator or stair

penthouses or similar features are permitted provided they occupy no more than

10 percent of building’s footprint and are setback from the edge of the building

by at least five feet to reduce their visibility from the ground level.

10. Maximum building height in the B-3 district shall be 55 feet in the district core area and 70

feet outside of the core area.

11. Maximum building height may be increased by up to but not more than an additional 25

feet when structured parking is provided per section 38.330.040.E.2, and when determined to

be in compliance with the review criteria of section 38.230.100.

12. B-2 height exceptions:

a. Maximum height may be increased by up to a maximum of 50 percent when the zoning

district is implementing a regional commercial and services growth policy land use

designation.

b. Maximum height otherwise cumulatively allowed by this section may be increased by 30

percent through the approval of a conditional use permit, but only when the additional

height is a specifically identified purpose of the review.

13. The minimum front yard in the B-1 and B-2 districts along arterials is 25 feet.



Figure 38.320.040. B-2 district setbacks for local & arterial streets

14. Front yard provisions are set forth in the block frontage standards in section 38.500.010.

15. Special setback requirements for the B-3 district: a. No minimum yards prescribed for the B-3

district except a seven-foot front yard shall be required on Mendenhall and Babcock Streets.

b. Where at least 50 percent of a block (from cross-street to cross-street) in the B-3 district is

presently used for residential purposes the minimum yards established for the B-1 district shall

be required.

16. Easements for utilities or other special standards may require buildings to be placed back

from lot lines.

17. All yards in the BP district fronting on public or private streets shall be a minimum of 25 feet.

Front, rear and side yard requirements shall be increased three feet for each additional 5,000

square feet over a total gross footprint area of 25,000 square feet, up to maximum

requirement of 40 feet for rear and side yards and 50 feet for front yards.

18. 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. The yard requirements of RS

shall be interpreted as those of R1.

19. The minimum rear yard is five feet for accessory buildings.

20. Zero lot lines are allowed per section 38.320.100.B

21. All vehicle entrances into garages shall be no closer than 20 feet to a property line, unless

explicitly authorized otherwise under this chapter.

22-23. Side and rear yards for parking may be allowed to be zero feet when coordinated

parking arrangements between adjacent properties is provided.

23. Rear and side yards adjacent to alleys shall be at least five feet.

24. For residential uses only, attached garages shall not obscure the entrance to the dwelling.

Attached garages are encouraged to be clearly subordinate to the dwelling. A subordinate

garage has one or more of the following characteristics:



a. The principal facade of the dwelling has been emphasized through the use of

architectural features such as, but not limited to, porches, fenestration treatment,

architectural details, height, orientation or gables, so that the non-garage portion of the

residence is visually dominant;

b. The facade with the garage vehicle entrance is recessed at least four feet behind the

facade of the dwelling containing the main entry; and/or

c. The area of the garage vehicle door comprises 20 percent or less of the total square

footage, exclusive of any exposed roof areas, of the principal facade of the dwelling.

Alternative means of addressing the intent of this section will be considered. Detached

garages are encouraged. Vehicular garage access on non-principal facades and/or alleys is

also encouraged.

25. This chapter provides opportunities for parking requirements to be met by shared and off-site

parking as allowed by article 5 of this chapter.

Sec. 38.320.050. - Area requirements for individual buildings—Restrictions.

(38.21.010)

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

chapter, shall be included as part of a yard, open space or off-street parking or loading

space similarly required for any other building except as provided in section 38.540.060.

(Ord. No. 1645, § 18.38.010, 8-15-2005; Ord. No. 1761, exh. F(18.38.010), 7-6-2009)

Sec. 38.320.060. - Yards and lots reduction prohibited. (38.21.020)

No yard or lot existing at the time of adoption date of the ordinance from which this

chapter is derived shall be reduced in dimension or area below the minimum

requirements of this chapter except as set forth herein. Yards or lots created after the

effective date of said ordinance shall meet at least the minimum requirements

established by this chapter.

(Ord. No. 1645, § 18.38.020, 8-15-2005; Ord. No. 1761, exh. F(18.38.020), 7-6-2009)

Sec. 38.320.070. - Use of lands; buildings and structures. (38.21.030)

A. Only uses specifically identified by this chapter 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 authorized 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 final approval of a conditional use permit. Existing nonconforming uses and

structures shall be governed by division 38.270 of this chapter.

B. 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 chapter.

C. Recreational vehicle parking on residential lot. No person shall park or occupy any

recreational vehicle or mobile home on the premises of any occupied dwelling or



on any lot which is not a part of the premises of any occupied dwelling, either of

which is situated outside of any approved manufactured home community or

recreational vehicle park except that:

1. The parking of only one unoccupied recreational vehicle in any accessory

private garage, or in a rear yard in any district is permitted, providing no living

quarters shall be maintained or any business practiced in the recreational

vehicle while such recreational vehicle is so parked or stored; and

2. In the event of hardship, temporary use permits may be granted for occupying

such recreational vehicle or mobile home.

D. Municipal infrastructure requirements.

1. Whenever any building lots and/or building sites are created inside the city limits

or existing lots are annexed, and prior to the issuance of any building permits on

such lots or sites, municipal water distribution, municipal sanitary sewer collection,

and streets shall be provided to the site. Each building site must utilize and be

connected to both the municipal water distribution and municipal sanitary sewer

collection systems. Installation of improvements is subject to division 38.270 of this

chapter.

a. Alternative. When in the city's sole determination it is in the city's long term best

interests to allow a building lot or site to be created or developed without

immediate access to either municipal water or municipal sewer the city may,

in its sole discretion, make such allowance when all of the following have

been met:

(1) The nonmunicipal system to service the lot or site shall be designed,

reviewed and constructed to meet city standards. Systems serving more

than one lot or user shall be central systems;

(2) The nonmunicipal system shall be designed and constructed in a manner

to allow connection to the municipal system components shown in

applicable facility plans to serve the property at such time as it becomes

available;

(3) The landowner shall provide waivers of right to protest creation of SIDs or

other financing methods to extend municipal water and sewer services.

Such extensions or connections may require construction of system

components that are not immediately adjacent to the building lot or site;

(4) The landowner shall agree to connect to municipal water and sewer

services and abandon and remove nonmunicipal services when so

instructed by the city. Such agreement shall be binding on all successors

and run with the land;

(5) If the city takes responsibility to operate the nonmunicipal system it may

impose a surcharge to cover extra operational expenses. City operation

of the system is at the city's discretion;

(6) The requirement for future connection to the municipal water and/or

sewer system, waivers and agreements, and other applicable materials



shall be either noted on the plat or final plan or a separate notice be

recorded at the county clerk and recorder's office so that such notice will

appear on a title report or abstract of the property;

(7) No nonmunicipal water or sewer systems shall be constructed until it has

received all necessary approvals from the state department of

environmental quality, City of Bozeman, County Environmental Health,

and any other relevant agency; and

(8) The use of municipal water or sewer systems is considered to be the best

means to protect the public interest and welfare. The alternative for the

use of nonmunicipal systems is intended to be used sparingly and in

extraordinary circumstances. In order to protect the public interest, in

approving a nonmunicipal system the city may impose such conditions of

approval as it deems necessary.

2. These improvements shall be designed, constructed and installed according to

the standards and criteria as adopted by the city and approved by the city prior

to the issuance of any building permits.

3. When municipal water distribution and municipal sanitary sewer collection

systems are being provided to serve a development proposal occurring under

the provisions of division 38.430, planned unit development (PUD), the issuance

of a building permit may be allowed prior to completion of the public

infrastructure, provided the criteria of section 38.270.030 are met.

4. Notwithstanding the provisions of subsection D.3 of this section, the city may limit

the scope, type and number of projects eligible for simultaneous construction

consideration.

(Ord. No. 1645, § 18.38.030, 8-15-2005; Ord. No. 1761, exh. F(18.38.030), 7-6-2009; Ord. No. 1828, §§ 32, 33, 9-

10-2012)

Sec. 38.320.080. - Dwelling unit restrictions. (38.21.040)

A. No use of unfinished structures. No cellar, garage, tent, tepee, yurt, basement with

unfinished structure above, accessory building, or vehicle; or any manufactured

home or recreational vehicle outside of an approved manufactured home

community, recreational vehicle park, or approved individual lot in accordance

with section 38.360.140 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 heating, ventilation, suitable fire protection and exits if used for

living purposes, and natural lighting.

(Ord. No. 1645, § 18.38.040, 8-15-2005; Ord. No. 1761, exh. F(18.38.040), 7-6-2009)

Sec. 38.320.090. - Accessory buildings, uses and equipment. (38.21.050)

A. An accessory building shall be considered an integral part of the principal building if

it is connected to the principal building by a common wall for not less than five feet.



Figure 38.320.090.A. Accessory building example.

B. Accessory buildings, uses or equipment shall not be stored or constructed between

the front lot line and required front building line.

C. Accessory buildings and garages shall not be located within a utility easement

without written approval of the easement holder.

D. Accessory buildings in any business or industrial district may be located only to the

rear of the front line of the principal building.

E. No accessory building shall exceed the footprint of the principal building unless such

accessory building has been otherwise approved per this chapter. An accessory

building shall not either:

1. Exceed the height of the principal building unless such accessory building has

been otherwise approved per this chapter; or

2. Within a residential district, exceed a height of 1½ stories, where a half story is

established by a side wall, under a sloped roof, of three feet in height or less

above the floor level within space allowed to be occupied by persons by the

International Building Code.

3. The height between finished floor to finished floor shall not exceed 12 feet in

residential districts. A greater height between finished floors may be approved in

nonresidential districts if the other requirements of this chapter are met.

F. Mechanical equipment screening.

1. Rooftop mechanical equipment should be screened. Screening should be

incorporated into the roof form when possible. The requirement for screening of



rooftop mechanical equipment does not apply to solar or wind energy

collection devices.

2. Ground-mounted mechanical equipment shall be screened from public rights-

of-way with walls, fencing or evergreen plant materials. Mechanical equipment

shall not encroach into required setbacks.

G. Detached structures setback requirements.

1. Accessory structures less than or equal to 120 square feet in footprint shall not be

located in any front, side, or corner-side yard and shall maintain a minimum

setback of three feet from the property lines in the rear yard.

2. Accessory structures greater than 120 square feet but less than or equal to 600

square feet in footprint shall not be located in any front, side, or corner-side yard.

The accessory structure shall be set back a minimum of either: six feet, or when

parking is provided between the structure and the rear property line, 20 feet

except when required parking spaces need a greater setback for back-up

maneuverability. See the following examples:

Alley Right-of-Way

Width

Setback

for

Garage

Setback for a Garage with Stacked Parking Off of an

Alley

30 feet 6 feet 20 feet




3. Accessory structures greater than 600 square feet shall not be located in any

required front, rear, or side yard and shall provide adequate back-up

maneuverability for required parking spaces.



Figure 38.320.090.G.1. Detached structure setback requirements.

Figure 38.320.090.G.2. Garage setback requirements.

H. Structures may occupy not more than 20 percent of the area of the lot located to

the rear of the principal building.



I. All structures located within the neighborhood conservation or entryway corridor

overlay districts require a certificate of appropriateness unless exempted in division

38.340.

J. Not more than two deviations shall be granted for any accessory structure.

(Ord. No. 1645, § 18.38.050, 8-15-2005; Ord. No. 1761, exh. F(18.38.050), 7-6-2009; Ord. No. 1830, § 15, 9-24-

2012)

Sec. 38.320.100. - Yard and height encroachments, limitations and exceptions.

(38.21.060)

A. Permitted encroachments into yards. The following shall be permitted

encroachments into required yards, subject to any and all applicable International

Building Code requirements:

1. Architectural features which do not add usable area to a structure, such as

chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels,

cornices, eaves, gutters, awnings, window wells and steps, provided such

architectural features do not extend more than five feet into any required front

or rear yard;

2. Architectural features, which do not add usable area to a structure, such as

chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels,

cornices, awnings, window wells and steps, provided such architectural features

do not extend more than two feet into any required side yard, except that eaves

and gutters may extend 2.5 feet into any required side yard;

3. Terraces and patios, uncovered decks and stoops or similar features, provided

that such features shall not extend above the height of the ground floor level of

the principal structure nor more than five feet into any required front or rear yard

or two feet into any required side yard;

4. Where porches, covered terraces and covered decks occupy not more than

one-third of the length of the building wall, excluding the width of the garage if

applicable they may encroach:

a. Where the required front yard is greater than 15 feet, not more than five feet

into any required front yard;

b. Not more than five feet into a required rear yard;

c. Not more than two feet into any required side yard; and

5. Fire escapes may be permitted in required side or rear yards only;

6. Wheelchair ramps may encroach into any required yard, but shall not be

located closer than three feet from any property line; and

7. Flagpoles, ornamental features, trees, shrubs, walkways, and nameplate signs

may be located within a required yard. Street vision triangle requirements apply.

8. Essential services Type I and Type II may be located within a required yard when

they are within a utility easement.



Figure 38.320.100.A. Permitted encroachments.

B. Zero lot line conditions. In districts where zero side yard setbacks are not otherwise

allowed, where an individual owns two or more adjoining lots, or where the owners

of two or more adjoining lots make legal written agreement recorded at the county

clerk and recorder, a zero lot line concept may be used for commercial or single-

household dwelling unit developments. In residential districts this may result in the

creation of a two-household residential structure, only in districts permitting such a

structure, or the creation of townhouse clusters in districts permitting such structures.

In all such cases in residential districts, a minimum eight-foot side yard shall be

maintained adjacent to the exterior side, or nonzero lot line side, of the structure.

Figure 38.320.100.B. Zero lot line conditions.



C. Special yard setbacks.

1. Where the required setback is greater than 15 feet, the corner side yard for any

corner lot not located on an arterial street may be 15 feet. However, where the

vehicular access to a garage is located on the frontage of the corner side yard,

the portion accessible to vehicles shall maintain at least a 20-foot setback.

2. A 25-foot front yard or corner side yard shall be provided on all arterials

designated in the city growth policy, except within the B-2M and the B-3 district.

3. Setbacks from watercourses as set forth in section 38.410.100.

4. Setbacks from intersections as set forth in section38.400.090.

Figure 38.320.100.C. Special yard setbacks.

D. Height limitation exceptions.

1. Non-specific exemptions. No building, or part thereof, or structure shall be

erected, reconstructed or structurally altered to exceed in height the limit herein

designated for the district in which such building is located, except as is specified

in division 38.250 of this chapter, or as specifically authorized as an approved

condition of a planned unit development. Such approved conditions must

include the recommendations of the city fire marshal.

2. Specific exemptions.

a. Height limitations shall not apply to church spires, belfries, cupolas and domes;

monuments; chimneys and smokestacks; flag poles; public and private utility

facilities; parapet walls extending no more than four feet above the limiting



height of the building except as hereinafter provided; amateur radio

antennae; solar energy collectors and equipment used for the mounting or

operation of such collectors; and building mounted horizontal and vertical axis

wind energy collectors under 15 feet in height from the building mounting

surface and equipment used for the mounting or operation of such collectors.

b. Places of public assembly in churches, schools and other permitted public

and semipublic buildings may exceed height limitations otherwise established

by this chapter, provided that:

(1) These are located on the ground floor of such buildings; and

(2) That for each one foot by which the height of such building exceeds the

maximum height otherwise permitted in the district, its side and rear yards

shall be increased in width or depth by an additional one 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 chapter, provided

that no linear dimension of any such structure exceed 50 percent of the

corresponding street frontage line.

d. Towers and monuments, cooling towers, gas holders or other structures, where

the manufacturing process requires a greater height, and grain elevators and

silos are exempt from this chapter, provided that any structure above the

height otherwise permitted in the district shall occupy no more than 25

percent of the area of the lot and shall be at least 25 feet from every lot line.

e. Height restrictions for wireless facilities are governed by division 38.370 of this

chapter.

(Ord. No. 1645, § 18.38.060, 8-15-2005; Ord. No. 1761, exh. F(18.38.060), 7-6-2009; Ord. No. 1828, § 34, 9-10-

2012; Ord. No. 1893, § 12, 8-11-2014)

Sec. 38.320.110. -Fences, walls and hedges(38.23.140)

A. Location and height. Except as provided in section 38.400.100, fences, walls and

hedges, in any district may be located on lot lines provided such fences, walls and

hedges comply with the following height requirements:

1. Do not exceed six feet in height in any required rear or required side yard.

Fences exceeding six feet in height shall be subject to the minimum yard

requirements of the district in which such fences are located. Decorative post

caps may exceed the height limit by no more than one additional foot. Fences

in excess of six feet in height require a building permit before installation may

commence. Fences may not exceed eight feet in height.

a. A gate may be provided which defines an entrance point. The gate may

have a defining structure so long as the defining structure is not more than

one foot wide on either side of the gate. Gate structure heights may not

exceed twice the allowed fence height.

2. Do not exceed four feet in height in any required front yard or any portion of a

required corner side yard that is forward of the rear edge of the building facade



nearest the corner side yard. Decorative post caps may exceed the height limit

by no more than one additional foot.

3. Fences used in an agricultural pursuit to retain stock animals or for public safety

shall be excepted.

4. The height of fences located in the B-3 district shall meet the requirements of this

section for any provided, not required, yards.

B. Relation to linear parks. Fences located in the rear or side yard setback of properties

adjoining any city linear park shall have a maximum height of four feet.

C. 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

official shall commence proper proceedings for the abatement thereof.

D. Barbed wire and electric fences.

1. No barbed wire or similar sharp fencing or electric fences shall be permitted,

except in R-S districts; except that barbed wire or other similar sharp fencing

materials may be used on the top of security fences in M-1 and M-2 districts.

2. When electrically charged fences are used in an R-S district, such fences shall be

posted with warning signs at intervals not to exceed 150 feet where such fences

are adjacent to public rights-of-way.

E. Measuring fence and wall height. In case of a fence erected on top of a retaining

wall, the height shall be measured from the grade of the high side of the wall.

F. "Finished" side out. Any fence or wall constructed so as to have only one elevation

"finished," which shall be defined as not having its supporting members significantly

visible, shall be erected such that the finished elevation of the fence is exposed to

the adjacent property.

G. Fencing of utilities and outdoor storage areas.

1. All utility substations, wells, storage facilities or other utilities shall be screened

from view by a wall, fence, hedge or landscape screen.

2. All storage for commercial operations shall be conducted within a completed

enclosed building or within an area completely enclosed, except for access

points, by a wall, fence, hedge or landscape screen at least six feet in height.



Figure 38.320.110 Fences


12(18.42.130), 7-16-2007; Ord. No. 1761, exh. H(18.42.130), 7-6-2009; Ord. No. 1769, exh. G(18.42.130), 12-28-

2009)

Sec. 38.320.120. – Outdoor storage (38.23.160)

A. All materials, supplies, merchandise or other similar matter not on display for direct

sale, rental or lease to the ultimate consumer or user shall be stored within the

confines of a 100 percent opaque wall or fence not less than six feet tall.

B. No storage of any type shall be permitted within any required yard, and shall be

subject to section 38.360.160.

C. All areas designated for vehicle and equipment storage shall be screened from

view from the street and adjacent properties as per subsection A of this section.

Vehicle and equipment storage areas shall not be subject to parking lot paving or

landscape requirements, but shall be subject to drainage detention requirements

and appropriate dust control requirements.



2009)

Sec. 38.320.130. – Trash and garbage enclosures. (38.23.170)

A. A permanent enclosure for temporary storage of garbage, refuse and other waste

materials shall be provided for every use, other than single-household dwellings,

duplexes, individually owned townhouse or condominium units, in every zoning

district, except where a property is entirely surrounded by screen walls or buildings.

Trash enclosures shall be constructed so that contents are not visible from a height

of five feet above grade from any abutting street or property. Trash enclosures shall

comply with the following regulations:



1. Location. Trash enclosures, surrounding standard steel bins (dumpsters), shall be

located on the site for convenient pickup service, and the location shall be

shown on required site plans. Trash enclosures shall not be located in required

front yards, and shall be situated so that containers can be pulled straight out of

the enclosure or so the solid waste truck can back straight into it. The location of

all trash enclosures shall be subject to review and approval by the city's solid

waste division.

2. 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.

3. Exception. A garbage enclosure is not required for dumpsters accessed via an

alley.

4. Construction enclosure. For applications other than those classified as sketch

plan reviews per section 38.230.050, the applicant shall designate a temporary

enclosed refuse storage area on the site plan, including a typical detail with

dimensions and type of materials, for the storage and collection of building

material debris during the construction phase of the project, and that said debris

area is shown accordingly on the final site plan.



2009; Ord. No. 1804, § 6, 7-11-2011)

Sec. 38.320.140. - Standards for specific site impacts and elements. (38.21.070)

A. Surface-water ponding. Natural ponding areas shall be retained as much as

possible or, if necessary, enlarged or modified as directed by the city engineer to

restrict the off-site runoff, subject to the stormwater runoff control provisions of this

chapter and the city's stormwater drainage requirements.

B. Trash and garbage incineration. No exterior incineration of materials is permitted

except as allowed by the department of public safety.

C. Smoke, dust and other particulate matter. The emission of smoke or other

particulates from any point source shall not exceed a density greater than that

permitted by Method 9, 40 CFR 60 Appendix A. 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.

D. Bulk storage (liquid). All uses associated with bulk storage of all gasoline, liquid

fertilizer, chemicals, flammable and similar liquids shall comply with International

Building Code and International Fire Code requirements and any applicable county

regulations.

E. Water quality, hazardous wastes and wastewater. Discharge of hazardous waste,

chemicals or wastewater will be subject to state department of environmental

quality standards and permitting processes. But in no case shall any hazardous



waste, hazardous chemicals or hazardous wastewater be discharged into any

perennial stream within the city.

F. Odors and toxic gases.

1. The emission of odors shall be controlled such that objectionable or offensive

odors are not perceptible beyond a distance of 50 feet past the property lines

of the use creating the odors.

2. No toxic, noxious or corrosive fumes or gases shall be emitted beyond the

property lines of the use creating such fumes or gases.

G. Noise. No noise shall be produced that causes a violation of the city's regulations

regarding disturbance of the peace or creates a nuisance.

H. 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.

I. Electrical disturbance. No activity shall be permitted which causes electrical

disturbances affecting the operation of any equipment located beyond the

property line of the activity. This section 38.320.140.I does not apply to uses which

are regulated by and are in compliance with federal agencies or law.

J. 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.

K. 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

International Fire Code as adopted by the city. Burning of waste materials in open

fires is prohibited, unless otherwise permitted by and in conformance with, another

ordinance.

L. Liquid or solid waste. No materials, compounds or chemicals, which can

contaminate any water supply, interfere with bacterial processes in sewage

treatment or otherwise cause emissions of elements which are offensive or

hazardous to the public health, safety and general welfare shall be discharged at

any point into any public sewer, private sewage disposal system or stream or into

the ground, except in accordance with this Code and the standards approved by

the state department of environmental quality or such governmental agency as

may have jurisdiction over such activities.

M. 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 electromagnetic energy at any frequency in the radio

spectrum between ten kilocycles and 3,000,000 megacycles. This limitation on radio-



frequency interference does not apply to those uses and circumstances falling

under the jurisdiction of the FCC.

(Ord. No. 1645, § 18.38.070, 8-15-2005; Ord. No. 1761, exh. F(18.38.070), 7-6-2009)

Sec. 38.320.150. - Clean up of property and revegetation required. (38.21.080)

A. Cleanup of property. Prior to final plat or final occupancy approval, the developer

shall ensure that all construction and other debris are removed from the

development. This includes concrete, asphalt, dead trees and shrubs, and fencing

materials.

B. Revegetation. All areas disturbed during construction shall be reseeded with

vegetation types approved by the county weed control supervisor.

(Ord. No. 1645, § 18.38.080, 8-15-2005; Ord. No. 1761, exh. F(18.38.080), 7-6-2009)



38.330 Zone Specific Provisions

(related portions of Articles 9-15 that don’t fit in 38.320)

Sec. 38.330.010. – REMU District - Special standards. (38.09.030)

A. The special standards set forth in this section are minimum standards for a

development review application. Standards not specifically addressed by this

section are subject to the standards set forth in this chapter.

B. Landscape and planting standards. Table 38.330.010-1 lists the minimum number of

points needed for landscape plan approval for development types within REMU

districts.

Table 38.330.010-1

Special Standards

Development Type

Lot With Residential

Adjacency

Lot Without Residential

Adjacency

Residential small-lot single-household N/A per section

38.550.020.B N/A per section 38.550.020.B

Residential: Single-household N/A per section

38.550.020.B N/A per section 38.550.020.B

Residential: Townhouse

2 to 4 attached units

N/A per section

38.550.020.B N/A per section 38.550.020.B

Residential: Townhouse or townhouse

cluster

5 or more attached units

23 23

Residential: Two to four household

dwellings

N/A per section

38.550.020.B N/A per section 38.550.020.B

Residential: Apartments

5 or more units 23 23

Mixed use with residential 15 15

Non residential projects 23 15

PUD 23 23

_____

C. Street and circulation standards.

1. The policies and standards of the city's long-range transportation plan apply to

REMU districts. New streets within REMU districts shall be complete streets that

accommodate pedestrians, bicycles, buses, automobiles and wintertime snow

storage, and work in concert with internal property accesses and adjacent



development to create a connected and vibrant public realm. REMU street

standards also include the following stipulations:

a. Natural storm drainage systems are allowed within street rights-of-way.

b. Boulevard strips and medians may incorporate natural drainage technologies.

c. Buildings shall be oriented with front facades facing the street.

i. Where this is not possible, a side facade may face the street, but at least

25 percent of its surface area must be transparent windows. The overall

design of side facades should address the public nature of the street.

d. Shared drive accesses shall be used to reduce the need for additional curb

cuts, when feasible.

e. On-street parking should be maximized wherever feasible.

2. Front-loaded local streets. To ensure that front-loaded streets are community-

oriented and pedestrian-friendly, adjacent buildings, garages and driveways

must comply with the following specific standards of this chapter.

a. Section 38.320.020, residential garages.

b. Section 38.400.090.C.2.a, drive access requirements—Residential.

c. Section 38.540.010.D, stacking of off-street parking spaces.

d. Section 38.540.010.E, no parking permitted in required front or side yards.

e. Section 38.540.010.F, parking permitted in rear yards.

3. Woonerfs. Woonerfs, or streets where pedestrians and cyclists have priority over

motorists, are encouraged on private drive accesses or properties in the REMU

district. Woonerfs may be permitted on public local streets or alleys through the

subdivision variance or PUD process.

4. Mews. Mews, or alleys lined with garages and living quarters above, are

encouraged on private drive access or properties in the REMU district. Mews may

be permitted on alleys through the subdivision variance or PUD process.

5. Shared drive accesses. Apply standards of section 38.400.090.F (shared drive

access) and in section 38.700.170 (shared access definition).

6. Alleys. Alleys are encouraged, but not required, in the REMU district.

a. Apply standards of section 38.400.060.B (street improvement standards—

alleys) where applicable.

D. Building standards.

1. The minimum floor area requirements for each dwelling in all districts shall be that

area required by the city's International Building Code. "Floor area ratio" is the

ratio attained by dividing the gross square feet of building by gross land area of

the lot(s) being developed. A site plan for development may show future phases

of buildings to be used to demonstrate compliance with the minimum floor area

ratio standard.



2. Floor-to-ceiling and floor-to-floor heights.

a. All commercial space provided on the ground level shall have a minimum

floor-to-ceiling height of 12 feet.

b. Residential uses shall have no limit to floor-to-ceiling or floor-to-floor heights.

3. Buildings that contain nonresidential uses (other than home occupations) on the

ground floor shall provide transparency along at least 50 percent of the linear

length of the nonresidential facade. Transparency may be achieved with

windows, building lobbies, building entrances, display windows, or windows

affording views into retail, office, or lobby spaces. This requirement shall apply to

both street fronts for buildings located on corner lots.

4. Parking structures shall not have more than one two-way vehicle entrance or

two one-way vehicle entrances facing any public way. Fifty percent of the

ground floor linear frontage along the primary street must be retail, commercial,

office, civic, residential, or live/work.

5. Building encroachments are permitted in accordance with section 38.320.090,

subject to any and all applicable International Building Codes.

6. All projects in the REMU district are exempt from the rear yard lot coverage

requirements of section 38.320.080.H.

E. Lighting standards. All building entrances, pathways, and other pedestrian areas

shall be lit with pedestrian-scale lighting that meet the requirements of division

38.570 (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, et

cetera). Alternative lighting meeting the intent of the design guidelines and other

criteria of this chapter, may be approved through development review.

F. Natural surveillance standards. The proposed site layout, building, and landscape

design promote natural surveillance of the area by employees, visitors, and

residents. Physical features and activities should be oriented and designed in ways

that maximize the ability to see throughout the site. For example, window

placement, the use of front porches or stoops, use of low or see-through walls, and

appropriate use of landscaping and lighting can promote natural surveillance.

Sight-obscuring shrubs and walls should be avoided, except as necessary for

buffering between commercial uses and lower density residential districts, and then

shall be minimized.

G. Public space standards. The REMU district is urban in nature. Public parks and

recreational areas are likewise expected to be urban in nature. This may include

elements such as plazas or other hardscaping, landscaping with planters and

furniture. Such areas may be more concentrated in size and development than

anticipated in a less urban setting. Public spaces shall be designed to facilitate

distinct types of activities to encourage consistent human presence and activity.

The requirements of this section shall give direction in the development of park plans

and the application of the standards of article 4 of this chapter.

1. Public spaces shall be designed to:

a. Facilitate social interaction between and within groups;



b. Provide safe, pleasant, clean and convenient sitting spaces adaptable to

changing weather conditions;

c. Be attractive to multiple age groups;

d. Provide for multiple types of activities without conflicting;

e. Support organized activities;

f. Be visually distinctive and interesting;

g. Interconnect with other public and private spaces; and

h. Prioritize use by persons.

Sec. 38.330.020. – B-2M District - Special standards. (38.10.070)

All development within the B-2M district shall conform to chapters 1 through 4 of the

design objectives plan established pursuant to division 38.340 of this chapter. In the

event of a conflict between the design objectives plan and the standards of this

chapter, the standards of this chapter shall govern.

Sec. 38.330.030. – REMU District - Special standards. (38.09.030)

A. The special standards set forth in this section are minimum standards for a

development review application. Standards not specifically addressed by this

section are subject to the standards set forth in this chapter.

B. Landscape and planting standards. Table 38.330.010-1 lists the minimum number of

points needed for landscape plan approval for development types within REMU

districts.

Table 38.330.030-1

REMU District - Special Standards

Development Type


Adjacency


Adjacency

Residential small-lot single-household N/A per section

38.550.020.B N/A per section 38.550.020.B

Residential: Single-household N/A per section

38.550.020.B N/A per section 38.550.020.B

Residential: Townhouse

2 to 4 attached units

N/A per section

38.550.020.B N/A per section 38.550.020.B

Residential: Townhouse or townhouse

cluster

5 or more attached units

23 23

Residential: Two to four household

dwellings

N/A per section

38.550.020.B N/A per section 38.550.020.B

Residential: Apartments

5 or more units 23 23



Development Type


Adjacency


Adjacency

Mixed use with residential 15 15

Non residential projects 23 15

PUD 23 23

_____

C. Street and circulation standards.

1. The policies and standards of the city's long-range transportation plan apply to

REMU districts. New streets within REMU districts shall be complete streets that

accommodate pedestrians, bicycles, buses, automobiles and wintertime snow

storage, and work in concert with internal property accesses and adjacent

development to create a connected and vibrant public realm. REMU street

standards also include the following stipulations:

a. Natural storm drainage systems are allowed within street rights-of-way.

b. Boulevard strips and medians may incorporate natural drainage technologies.

c. Buildings shall be oriented with front facades facing the street.

i. Where this is not possible, a side facade may face the street, but at least

25 percent of its surface area must be transparent windows. The overall

design of side facades should address the public nature of the street.

d. Shared drive accesses shall be used to reduce the need for additional curb

cuts, when feasible.

e. On-street parking should be maximized wherever feasible.

2. Front-loaded local streets. To ensure that front-loaded streets are community-

oriented and pedestrian-friendly, adjacent buildings, garages and driveways

must comply with the following specific standards of this chapter.

a. Section 38.320.020, residential garages.

b. Section38.400.090.C.2.a, drive access requirements—Residential.

c. Section 38.540.010.D, stacking of off-street parking spaces.

d. Section 38.540.010.E, no parking permitted in required front or side yards.

e. Section 38.540.010.F, parking permitted in rear yards.

3. Woonerfs. Woonerfs, or streets where pedestrians and cyclists have priority over

motorists, are encouraged on private drive accesses or properties in the REMU

district. Woonerfs may be permitted on public local streets or alleys through the

subdivision variance or PUD process.

4. Mews. Mews, or alleys lined with garages and living quarters above, are

encouraged on private drive access or properties in the REMU district. Mews may

be permitted on alleys through the subdivision variance or PUD process.



5. Shared drive accesses. Apply standards of section38.400.090.F (shared drive

access) and section 38.700.170 (shared access definition).

6. Alleys. Alleys are encouraged, but not required, in the REMU district.

a. Apply standards of section 38.400.060.B (street improvement standards—

alleys) where applicable.

D. Building standards.

1. The minimum floor area requirements for each dwelling in all districts shall be that

area required by the city's International Building Code. "Floor area ratio" is the

ratio attained by dividing the gross square feet of building by gross land area of

the lot(s) being developed. A site plan for development may show future phases

of buildings to be used to demonstrate compliance with the minimum floor area

ratio standard.

2. Floor-to-ceiling and floor-to-floor heights.

a. All commercial space provided on the ground level shall have a minimum

floor-to-ceiling height of 12 feet.

b. Residential uses shall have no limit to floor-to-ceiling or floor-to-floor heights.

3. Buildings that contain nonresidential uses (other than home occupations) on the

ground floor shall provide transparency along at least 50 percent of the linear

length of the nonresidential facade. Transparency may be achieved with

windows, building lobbies, building entrances, display windows, or windows


both street fronts for buildings located on corner lots.

4. Parking structures shall not have more than one two-way vehicle entrance or

two one-way vehicle entrances facing any public way. Fifty percent of the

ground floor linear frontage along the primary street must be retail, commercial,

office, civic, residential, or live/work.

5. Building encroachments are permitted in accordance with section 38.320.100,

subject to any and all applicable International Building Codes.

6. All projects in the REMU district are exempt from the rear yard lot coverage

requirements of section 38.320.080.H.

E. Lighting standards. All building entrances, pathways, and other pedestrian areas

shall be lit with pedestrian-scale lighting that meet the requirements of division

38.570 (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, et

cetera). Alternative lighting meeting the intent of the design guidelines and other

criteria of this chapter, may be approved through development review.

F. Natural surveillance standards. The proposed site layout, building, and landscape

design promote natural surveillance of the area by employees, visitors, and

residents. Physical features and activities should be oriented and designed in ways

that maximize the ability to see throughout the site. For example, window

placement, the use of front porches or stoops, use of low or see-through walls, and

appropriate use of landscaping and lighting can promote natural surveillance.



Sight-obscuring shrubs and walls should be avoided, except as necessary for

buffering between commercial uses and lower density residential districts, and then

shall be minimized.

G. Public space standards. The REMU district is urban in nature. Public parks and

recreational areas are likewise expected to be urban in nature. This may include

elements such as plazas or other hardscaping, landscaping with planters and

furniture. Such areas may be more concentrated in size and development than

anticipated in a less urban setting. Public spaces shall be designed to facilitate

distinct types of activities to encourage consistent human presence and activity.

The requirements of this section shall give direction in the development of park plans

and the application of the standards of article 4 of this chapter.











Sec. 38.330.040. – UMU District - Special standards. (38.11.070)

A. A UMU district is anticipated to generally be not less than 20 acres in area. The city

may approve a lesser area of not less than ten acres upon finding that a smaller

area will still provide for adequate transition between adjacent districts, provide a

reasonable community setting for the intensity of the district, and that a smaller area

will not constitute spot zoning.

B. The district shall be surrounded by perimeter streets unless precluded by

topography.

C. All development within the urban mixed-use district, regardless of location within the

city, shall conform to chapters 1 through 4 of the design objectives plan established

in division 38.340 of this chapter. In the event of a conflict between the design

objectives plan and the standards of this chapter, the standards of this chapter shall

govern.

D. Landscaping requirements shall be the same as the portion of the B-3 district outside

the defined core area as shown in section 38.550.060, Table 38.550.060-1.

E. Special parking standards.

1. Maximum surface parking.



a. In order to achieve the intent of the district and achieve efficiency in the use

of land, surface parking provided for the sole use of an individual

development shall not exceed 100 percent of the minimum parking

requirement for the subject land use based upon the requirements of division

38.540 of this chapter. The UMU district may utilize the parking reductions

authorized in section 38.540.050.2.c.1. In determining the 100 percent

requirement all qualifying reductions shall be included.

b. Exemptions to section 38.330.040.E.1.a, to allow unstructured surface parking

up to 100 percent of the minimum parking requirement exclusive of reductions

may be approved through the development review process for

developments that provide shared parking to other development, valet

parking spaces, parking for off-site users for which an hourly or other regular

rent is paid, or similarly managed parking facilities.

2. Structured parking incentive. A floor area bonus of one square foot may be

granted for each square foot of area of parking provided within a building.

Additional height of building is allowed to accommodate this additional building

area per Table 38.320.040.

3. Bicycle parking. Covered bicycle parking shall be provided. The covered spaces

shall be at least one-half of the total minimum bicycle parking. The minimum

number of covered spaces shall be the greater of either ten bicycle parking

spaces or five percent of motor vehicle parking provided on-site.

F. Building standards.

1. Transitions. Where the UMU district is adjacent to another zoning district, those

buildings greater than three stories and located within 50 feet of another zoning

district, not including width of streets, shall have a stepped facade on the side

facing the other district. The portion of the facade in excess of three stories shall

be stepped back not less than 25 percent of the height of the initial three stories.

Where applicable, cornices (e.g., building tops or first-story cornices) shall be

aligned to generally match the height of those on adjacent buildings.

2. Floor-to-floor heights and floor area of ground-floor space.

a. All commercial floor space provided on the ground floor of a mixed-use

building shall have a minimum floor-to-ceiling height of 12 feet.

b. All commercial floor space provided on the ground floor of a mixed-use

building shall contain the following minimum floor area:

(1) At least 800 square feet or 25 percent of the lot area (whichever is

greater) on lots with street frontage of less than 50 feet; or

(2) At least 20 percent of the lot area on lots with 50 feet of street frontage or

more.

3. In the UMU district buildings shall provide transparency along at least 50 percent

of the linear length of the building's facade. This may be achieved with windows,

displays, building lobbies, building entrances, display windows, or windows




both frontages of a building located on a corner lot.

a. The bottom edge of any window or product display window used to satisfy the

transparency standard of this subsection F.3. may not be more than four feet

above the adjacent sidewalk.

b. Product display windows used to satisfy these requirements shall have a

minimum height of four feet and be internally lighted.

4. Street-level openings on parking structures shall be limited to those necessary for

retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances

to stairs and elevator lobbies. Parking structures adjacent to streets shall have

architectural detailing such as, but not limited to, standard size masonry units

such as brick, divided openings to give the appearance of windows, and other

techniques to provide an interesting and human-scaled appearance on the

story adjacent to the sidewalk.

5. Buildings shall be articulated with modules, architectural detailing, individual

floors visually expressed in the facade, and rhythm and pattern of openings and

surfaces to be human-scale.

6. Buildings shall be oriented to the adjacent public or private street.

G. Lighting. All building entrances, pathways, and other pedestrian areas shall be lit

with pedestrian-scale lighting (e.g., wall mounted, sidewalk lamps, bollards,

landscaping lighting, et cetera). Alternative lighting meeting the intent of the design

guidelines and other criteria of this chapter, may be approved through site

development review.

H. Natural surveillance. The proposed site layout, building, and landscape design shall

promote natural surveillance of the area by employees, visitors, and residents.

Physical features and activities should be oriented and designed in ways that

maximize the ability to see throughout the site. For example, window placement, the

use of front porches or stoops, use of low or see-through walls, and appropriate use

of landscaping and lighting can promote natural surveillance. Sight-obscuring

shrubs and walls should be avoided, except as necessary for buffering between

commercial uses and lower density residential districts, and then shall be minimized.

I. Public spaces. The UMU district is urban in nature. Public parks and recreational

areas are likewise expected to be urban in nature. This will include elements such as

plazas or other hardscapes, landscaping with planters, furniture, developed

recreation facilities such as basketball and tennis courts or indoor recreation

facilities, and will be more concentrated in size and development than anticipated

in a less urban setting. The requirements of this section shall give direction in the

development of park plans and the application of the standards of division 38.420 of

this chapter. The parkland dedication requirements of division 38.420, BMC may be

satisfied by a cumulative contribution of land and the value of on-site improvements

to create spaces with the characteristics and functions described in this section.

Development within the UMU district may also utilize any of the options of sections

38.420.030 and 38.420.100 to satisfy the requirements of section 38.420.020.A, BMC.



The requirements of this section shall prevail if these standards conflict with the

application of the standards of article 4 of this chapter.

1. Public spaces shall be designed to facilitate at least three distinct types of the

following types of activities to encourage consistent human presence and

activity.











(Ord. No. 1681, § 2(18.19.070), 6-4-2007; Ord. No. 1709, § 4(18.19.070), 7-16-2007; Ord. No. 1828, § 12, 9-10-

2012; Ord. No. 1877, §§ 6—8, 12-2-2013)

Sec. 38.330.050. – PLI District - Applicability. (38.13.020)

To the maximum extent allowed by state law, all PLI development shall be subject to

review and approval as provided for by this chapter, based upon recommendations

received from the applicable review bodies established by article 2 of this chapter as

may be applicable, 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.

(Ord. No. 1645, § 18.22.020, 8-15-2005; Ord. No. 1693, § 7(18.22.020), 2-20-2007)

Sec. 38.330.060. – NEHMU District - Special standards and requirements.

(38.14.080)

A. The requirements for landscape buffering for residential adjacency required by

division 38.550 of this chapter are not applicable in the northeast HMU.

B. All necessary screening or other buffering that is determined to be necessary

between adjoining uses shall be the responsibility of the use that is established last in

time.

C. When a lot is adjacent to or across the street from a residential zoning district, 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 R-S shall be

interpreted as those of R-1.


7-16-2007)



Sec. 38.330.070. – Requirements for creation of a historic mixed-use district.

(Article 15)

A. Description and purpose. Due to historical development patterns, certain areas of

the city are characterized by a mixture of uses such as residential and commercial

uses, or residential and industrial uses, which are normally segregated under

standard zoning districts. In some instances, provisions for a continuation of a mixture

of uses will serve both the public interest and allow a more equitable balancing of

private interests than would the utilization of a standard zoning district. Because of

the variety of circumstances which exist in different areas of the city, and the

different treatment accorded those areas in the growth policy, it is not possible to

establish a zoning district with uniform listing of uses and standards which is

applicable to all such areas. Therefore, the historic mixed-use (HMU) district is

intended to provide procedures and criteria for 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 HMU district will be very selectively used

and shall not be used as a mechanism to discourage development of any

permitted use within the district.

B. Criteria for establishment of the historic mixed-use district. Before any area is

designated as a HMU district, the city commission shall make affirmative findings

that:

1. The area to be classified as a HMU district includes the approximate equivalent

of at least one standard city block of 300 feet by 300 feet, not held in single

ownership unless developed over time while held in multiple ownership;

2. A special study of the area has been completed showing how the proposed

historic mixed-use district would be integrated with the surrounding area

consistent with the objectives of the growth policy and other applicable policies

adopted by the city;

3. At least 50 percent of the lots to be classified as an historic mixed-use district are

already developed with structures;

4. 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;

5. None of the standard zoning districts are capable of, or suitable for, promoting

the objectives of the growth policy applicable to preexisting nonconforming

uses;

6. The uses to be permitted within the HMU district will be compatible with one

another and will provide a functional and healthful environment; and

7. The uses to be permitted and the development standards to be applied in the

proposed district will promote the objectives of the growth policy and other

applicable policies adopted by the city.

C. Historic mixed-use district elements.



1. Because the HMU district is designed to be applied to diverse situations, the

specific mixture of uses permitted and the development standards required will

have to be specified for each application of the district to a particular area.

Therefore, the ordinance applying the HMU district to a specific area shall

contain the following elements:

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 HMU district; and

c. A standards section setting forth general development standards governing

parking, lot coverage, setbacks, height limitations and other factors which are

either different from or supplemental to the normal standards of this chapter.

2. Exemption. When an area has been classified as an HMU district, the general

building and development standards set forth in this chapter shall govern.

However, if the special development standards set forth under section

38.330.070.C.1.c are more restrictive than the general development standards,

the special development standards set forth under subsection C of this section

shall prevail.

D. Initiation, procedures and notice. Application for HMU district designation shall be

administered under the provisions established in division 38.260, Text and Map

Amendments, of this chapter.



38.340 Overlay district standards (Articles 16-18)

Part 1: Neighborhood Conservation Overlay District Standards

Sec. 38.340.010. – Intent and purpose. (38.16.010)

A. All new construction, alterations to existing structures, movement of structures into or

out of the neighborhood conservation overlay district, hereinafter referred to as the

conservation district, or demolition of structures by any means or process will be

subject to design review unless specifically exempted. The recommendations of the

design review board or administrative design review staff shall be given careful

consideration in the final action of the review authority.

B. Sections 38.340.010 through 38.340.090 define and set forth standards which apply

to the conservation district.

C. The intent and purpose of the conservation district designation is to stimulate the

restoration and rehabilitation of structures, and all other elements contributing to the

character and fabric of established residential neighborhoods and commercial or

industrial areas. New construction will be invited and encouraged provided primary

emphasis is given to the preservation of existing buildings and further provided the

design of such new space enhances and contributes to the aesthetic character

and function of the property and the surrounding neighborhood or area.

Contemporary design will be encouraged, provided it is in keeping with the above-

stated criteria, as an acknowledged fact of the continuing developmental pattern

of a dynamic, changing community. The neighboring community shall be provided

notice and opportunity to comment upon the proposed property improvements in

accordance with division 38.220. In addition, aggrieved persons shall have the right

to appeal any design review decision made under the provisions of this article, in

accordance with division 38.250.

D. In view of the fact that most of the area included within the boundaries of the

conservation district was developed and built out prior to the adoption of zoning

and contemporary subdivision regulations, the construction, development pattern

and range of uses is highly diverse and may not be in compliance with conventional

regulatory requirements. This part (1) recognizes that this diversity is a major

contributing element of the historic character of these neighborhoods or areas. The

provisions of this part (1) shall be applied in a manner that will encourage the

protection and enhancement of the many diverse features for future generations.

E. The conservation district boundary is largely coterminous with the area surveyed in

the effort that led to the listing of nine historic districts and 40 additional landmark

structures in the National Register of Historic Places, and includes the nine

designated historic districts and 40 individual landmarks. This part (1) sets forth the

means of protecting and enhancing the conservation district.

F. It is further the purpose of the conservation district designation to protect and

enhance neighborhoods or areas of significant land planning or architectural

character, historic landmarks or other built or natural features for the educational,

cultural, economic benefit or enjoyment of citizens of the city. It will be the policy

and responsibility of the administrative entities of this part (1) to:



1. Protect, preserve, enhance and regulate structures, archaeological or cultural

sites, and areas that:

a. Are reminders of past eras, events or persons important in local, state or

national history;

b. Provide significant examples of land planning or architectural styles, or are

landmarks in the history of land planning and architecture;

c. Are unique or irreplaceable assets to the city and its neighborhoods;

d. Provide examples of physical surroundings in which past generations lived; or

e. Represent and express the unique characteristics of small agricultural-based,

western city developmental patterns;

2. Enhance property values through the stabilization of neighborhoods and areas

of the city, increase economic and financial benefits to the city and its

inhabitants, and promote tourist trade and interests;

3. Develop and maintain the appropriate environment for buildings, structures, sites

and areas, that reflect varied planning and architectural styles and distinguished

phases of the city's history and prehistory;

4. Stimulate an enhancement of human life by developing educational and

cultural dimensions, which foster the knowledge of the city's heritage, and

cultivate civic pride in the accomplishments of the past;

5. Seek to maintain and enhance the many private and public elements that are

unique to the fabric, theme and character of each neighborhood and area,

including, but not limited to, lighting, pathways, street trees, natural areas and

other features that may, from time to time, be identified by the citizens and

property owners of neighborhoods, areas and subsections thereof; and

6. Provide the neighboring community with notice and opportunity to comment

upon the proposed property improvements in accordance with division 38.220 of

this chapter, with the exception of certain sketch plan applications with

potentially little neighborhood impact, and to further provide aggrieved persons

with the right to appeal review decisions made under the provisions of this part

(1), in accordance with division 38.250 of this chapter.


7-16-2007; Ord. No. 1761, exh. D(18.28.010), 7-6-2009; Ord. No. 1804, § 2, 7-11-2011)

Sec. 38.340.020. - Design review board and administrative design review staff

powers and duties within conservation districts. (38.16.020)

A. The DRB and administrative design review staff will review and make

recommendations to the review authority regarding development within the

neighborhood conservation district in order to maintain the underlying and desirable

characteristics of structures and areas within such districts, while recognizing the

need for innovation and individual expression in the development of these districts.

B. In carrying out this mission, in addition to the duties established in division 38.200 of

this chapter, the design review board and administrative design review staff shall



have the duty 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.


7-16-2007; Ord. No. 1761, exh. D(18.28.020), 7-6-2009; Ord. No. 1828, § 13, 9-10-2012)

Sec. 38.340.030. - Conservation district designation or recision. (38.16.030)

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 Historic Preservation Advisory Board subject to the provisions of

division 6, Historic Preservation Advisory Board of article 5, chapter 2, and division

38.260, Text and Map Amendments, of this chapter. Property owner concurrence is

necessary for the designation or recision of landmark status.


7-16-2007; Ord. No. 1761, exh. D(18.28.030), 7-6-2009)

Sec. 38.340.040. - Certificate of appropriateness. (38.16.040)

A. A certificate of appropriateness shall be required before any and all alteration(s)

other than those specifically exempted in subsection 1. of this section or repair as

defined in section 38.700.160 of this chapter, are undertaken upon any structure in

the conservation district. The review authority for certificates of appropriateness is

established in division 38.220 of this chapter. Compliance with the terms of the final

decision is required. The Montana Historical and Architectural Inventory Form shall

be reviewed and, if necessary, updated by the historic preservation staff to reflect

current conditions on the site, prior to the review of the proposal. Application

procedures are as follows:

1. No building, demolition, conditional use, sign or moving permit shall be issued

within the conservation district until a certificate of appropriateness has been

issued by the appropriate review authority, and until final action on the proposal

has been taken.

a. Limited exceptions. The following construction located within the

neighborhood conservation overlay district, within an established historic

district, or at a site which is individually listed on the National Register of Historic

Preservation, does not require a certificate of appropriateness if the project

satisfies the following standards:

(1) Fences meeting all other provisions of this chapter (e.g. height limitations,

street vision triangle, finished side out, etc. per section 38.410.130) which

are built of wood, wrought-iron, or any other nonsynthetic material and

whose construction allows "transparency" as set forth in Chapter 3, Section

F of the design guidelines referenced in section 38.340.050.D. Chain link

fencing is not included in this exception.

(2) Basement egress windows whose window material and configuration is

present elsewhere in the structure, and whose window wells are not on

the front or corner-side yard elevation of the structure, and which do not

establish or provide egress from an illegal dwelling unit.



(3) Accessory structures under 120 square feet as measured from the outer

edge of the exterior walls, which meet the setback requirements, are not

more than 14 feet to their highest point and which do not require a

building permit.

(4) Alterations in roofing material, if installing wood shingle, slate, tile, or

asphalt shingle material, and no changes are made to the roof shape,

pitch or slope.

2. Application, review and public notice procedures for proposals located within

the conservation district are set forth in division 38.230, Review Procedures for Site

Development, article 2, Development Review Committee, Design Review Board,

Administrative Design Review and Wetlands Review Board and division 38.20,

Noticing, of this chapter. If the demolition or movement of structures or sites

subject to the conservation district requirements is proposed, the procedures in

section 38.340.080 shall apply.

3. A denial of a certificate of appropriateness shall be accompanied by a written

statement of reasons for the denial.

4. The architectural designs of individual workforce housing units used to satisfy the

requirements of section 10.08.040 and meeting the requirements of section

10.08.070A.1.m are exempt from the review requirements of this part (1). This

exemption does not extend to removal or alterations of existing structures.


7-16-2007; Ord. No. 1761, exh. D(18.28.040), 7-6-2009; Ord. No. 1804, § 3, 7-11-2011)

Sec. 38.340.050. - Standards for certificates of appropriateness. (38.16.050)

A. All work performed in completion of an approved certificate of appropriateness

shall be in conformance with the most recent edition of the Secretary of Interior's

Standards for the Treatment of Historic Properties with Guidelines for Preserving,

Rehabilitating, Restoring and Reconstructing Historic Buildings (published 1995),

published by U.S. Department of the Interior, National Park Service, Cultural

Resource Stewardship and Partnerships, Heritage Preservation Services, Washington,

D.C. (available for review at the planning department).

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;

8. Concealment of nonperiod appurtenances, such as mechanical equipment;

and

9. Materials and color schemes (any requirements or conditions imposed regarding

color schemes shall be limited to the prevention of nuisances upon abutting

properties and prevention of degradation of features on the property in

question. Color schemes may be considered as primary design elements if a

deviation from the underlying zoning is requested).

C. Contemporary, nonperiod and innovative design of new structures and additions to

existing structures shall be encouraged when such new construction or additions do

not destroy significant historical, cultural or architectural structures or their

components and when such design is compatible with the foregoing elements of

the structure and surrounding structures.

D. When applying the standards of subsections A through C of this section, the review

authority shall be guided by the design guidelines for the neighborhood

conservation overlay district which are hereby incorporated by this reference.

Application of the design guidelines may vary by property as explained in the

introduction to the design guidelines. When reviewing a contemporary, non-period,

or innovative design of new structures or addition to existing structure, the review

authority shall be guided by the design guidelines for the neighborhood

conservation overlay district to determine whether the proposal is compatible with

any existing or surrounding structures.

E. Conformance with other applicable development standards of this chapter.

F. Tax abatement certificate of appropriateness applications are also reviewed with

the procedures and standards established in chapter 2, article 6, division 2.

(Ord. No. 1645, § 18.28.050, 8-15-2005; Ord. No. 1660, § 1, 2-6-2006; Ord. No. 1693, § 9(18.28.050), 2-20-2007;

Ord. No. 1709, § 7(18.28.050), 7-16-2007; Ord. No. 1761, exh. D(18.28.050), 7-6-2009)

Sec. 38.340.060. - Application requirements for certificates of appropriateness in

conservation districts. (38.16.060)

Applications for certificates of appropriateness shall be made in conjunction with

applications for site plan approval in accordance with division 38.230 of this chapter.

Where development projects in the conservation district require only sketch plan review

as per division 38.230 of this chapter (i.e., single-household, two-household, three-

household and four-household residential structures, each on individual lots; signs;

fences; property alterations; and certain amendments to site plans), applications for

certificates of appropriateness shall be made on a form provided by the planning

department, and shall include the information and material as set forth in division 38.220

of this chapter.


7-16-2007; Ord. No. 1761, exh. D(18.28.060), 7-6-2009)

Sec. 38.340.070. - Deviations from underlying zoning requirements. (38.16.070)

A. Because the development of much of historic Bozeman preceded zoning,

subdivision 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 as described in division 38.250 of this chapter. The criteria for granting

deviations from the underlying zoning requirements are:

1. Modifications shall be more historically appropriate for the building and site in

question and the adjacent properties, as determined by the standards in section

38.340.050, than would be achieved under a literal enforcement of this chapter;

2. Modifications will have minimal adverse effect on abutting properties or the

permitted uses thereof; and

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 time period within which alterations will be completed;

landscaping and maintenance thereof; architectural, site plan and landscape

design modifications; or any other conditions in conformity with the intent and

purpose set forth in this part (1).


7-16-2007; Ord. No. 1761, exh. D(18.28.070), 7-6-2009; Ord. No. 1804, § 4, 7-11-2011)

Sec. 38.340.080. - Demolition or movement of structures or sites within the

conservation district. (38.16.080)

A. The demolition or movement of any structure or site within the conservation district

shall be subject to the provisions of this part (1). The review procedures and criteria

for the demolition or movement of any structure or site within the conservation

district are as follows:

1. Applications for the demolition or movement of structures within the

conservation district will not be accepted without a complete submittal for the

subsequent development or treatment of the site after the demolition or

movement has occurred. The subsequent development or treatment must be

approved before a demolition or moving permit may be issued.

2. The demolition or movement of conservation district principal and accessory

structures or sites, which are designated as intrusive or neutral elements by the

state historical and architectural inventory, and that are not within recognized

historic districts or in other ways listed on the National Register of Historic Places,

shall be subject to review per divisions 38.220 and 230 of this chapter, and the

standards outlined in section 38.340.050. The state historical and architectural

inventory form shall be reviewed and, if necessary, updated by a qualified

professional acceptable to the state historic preservation office to reflect current

conditions on the site, prior to the review of the demolition or movement

proposal. The review authority for the demolition or movement of structures or

sites described within this section shall be coordinated with the larger project

when demolition or movement is proposed in conjunction with a deviation,

variance, conditional use permit or planned unit development application.



3. The demolition or movement of conservation district principal and accessory

structures or sites, which are designated as contributing elements by the state

historical and architectural inventory, and all properties within historic districts

and all landmarks, shall be subject to public notice. Notice shall be provided in

accordance withdivision 38.220 of this chapter. Prior to any final action on the

application the review authority shall receive a recommendation from the

historic preservation office; and if the demolition does not conform to the criteria

below a recommendation from the historic preservation advisory board. The

state historical and architectural inventory form shall be reviewed and, if

necessary, updated by a qualified professional acceptable to the state historic

preservation office to reflect current conditions on the site prior to the review of

the demolition or movement proposal. The review authority for the demolition or

movement of structures or sites described within this section shall be coordinated

with the larger project when demolition or movement is proposed in conjunction

with a deviation, variance, site plan, conditional use permit or planned unit

development application. The review authority shall base its decision on the

following:

a. The standards in 38.340.050 and the architectural, social, cultural and historical

importance of the structure or site and their relationship to the district as

determined by the state historic preservation office and the planning

department.

b. If the review authority finds that the criteria of this section are not satisfied,

then, before approving an application to demolish or remove, the review

authority must find that at least one of the following factors apply based on

definitive evidence supplied by the applicant, including structural analysis and

cost estimates indicating the costs of repair and/or rehabilitation versus the

costs of demolition and redevelopment:

(1) The structure or site is a threat to public health or safety, and that no

reasonable repairs or alterations will remove such threat; any costs

associated with the removal of health or safety threats must exceed the

value of the structure.

(2) The structure or site has no viable economic or useful life remaining.

4. If an application for demolition or moving is denied, issuance of a demolition or

moving permit shall be stayed for a period of two years from the date of the final

decision in order to allow the applicant and city to explore alternatives to the

demolition or move, including, but not limited to, the use of tax credits or

adaptive reuse. The two-year stay may be terminated at any point in time if an

alternate proposal is approved or if sufficient additional evidence is presented to

otherwise satisfy the requirements of subsection 2 or 3 of this section.

5. All structures or sites approved for demolition or moving shall be fully

documented in a manner acceptable to the historic preservation planner and

administrative design review staff prior to the issuance of demolition or moving

permits.



6. In addition to the remedies in division 38.220 of this chapter, the owner of any

structure or site that is demolished or moved contrary to the provisions of this

section, and any contractor performing such work, may be required to

reconstruct such structure or site in a design and manner identical to its condition

prior to such illegal demolition or move, and in conformance with all applicable

codes and regulations


7-16-2007; Ord. No. 1761, exh. D(18.28.080), 7-6-2009; Ord. No. 1828, § 14, 9-10-2012)

(ARTICLE 17. - BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT)

Part 2: Bozeman Entryway Corridor Overlay District

Sec. 38.340.200. - Title. (38.17.010)

These regulations shall be known as the city entryway corridor overlay district

regulations and may be cited as the entryway corridor regulations.

(Ord. No. 1645, § 18.30.010, 8-15-2005; Ord. No. 1709, § 8(18.30.010), 7-16-2007; Ord. No. 1769, exh.

F(18.30.010), 12-28-2009)

Sec. 38.340.210. - Intent and purpose. (38.17.020)

A. There are several arterial corridors entering the city that introduce visitors and

residents alike to the city. The visual attributes of these roadways provide a lasting

impression of the character of the city. It is the intent and purpose of this part (2) to

ensure that the quality of development along these corridors will enhance the

impression and enjoyment of the community by guiding development and change,

and by stimulating and assisting, in conjunction with other provisions of this chapter,

improvements in signage, landscaping, access and other contributing elements of

entry corridor appearance and function.

B. It is the intent of this part (2) to establish design criteria, standards and review

procedures that will allow the city and its advisory boards and agencies to review

and direct, in a fair and equitable manner, the development and redevelopment of

future and existing properties and facilities within the entry corridors. The

recommendations of the design review board or administrative design review staff

shall be given careful consideration in the final action of the review authority.


F(18.30.020), 12-28-2009; Ord. No. 1828, § 15, 9-10-2012)

Sec. 38.340.220. - Application of entryway corridor provisions. (38.17.030)

A. Entryway corridors shall be designated on the city's official zoning map. The

provisions of this part (2) shall be applied in addition to any other applicable

regulations of this chapter. Specifically, these provisions shall be applied to all

developments within such corridors as follows:

1. Class I. All development wholly or partially within 660 feet of the centerline of the

following roadways:



a. Interstate 90, within or adjacent to the city boundaries, measured from the

centerline of the outside lanes of the opposing roadways and from the

centerline of the access ramps;

b. Interstate 90 frontage roads, within the city boundaries, whether or not they

are designated frontage roads;

c. U.S. 191, west from Ferguson Road to the city boundaries;

d. Nineteenth Avenue, north from Durston Road to the North 19th

Avenue/Interstate 90 interchange, exclusive of the east side between Durston

Road and the south boundary of Covered Wagon Mobile Home Park; and

e. Oak Street, west from North Seventh Avenue to North Nineteenth Avenue.

2. Class II. All development wholly or partially within the lesser of one city block or

330 feet of the centerline of the following roadways, with the exception of

residentially zoned lots (no exception for R-O district) that have no frontage upon

said roadways:

a. North Seventh Avenue from Interstate 90 to Oak Street and U.S. 10, from the

Interstate 90/North Seventh Avenue interchange west to the city boundaries;

b. Nineteenth Avenue, south from Durston Road to the city boundary, and the

east side of Nineteenth Avenue, between the south boundary of Covered

Wagon Mobile Home Park and Durston Road;

c. Main Street, east from Broadway to Interstate 90;

d. Main Street, west from a point 115 feet east of N. 15th Avenue to Ferguson

Road;

e. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack

north and cast to the city boundary;

f. Oak Street, west from Nineteenth Avenue to the east edge of Rose Park; and

g. Oak Street, east from Seventh Avenue to Rouse Avenue.

3. When a Class I and a Class II corridor overlap the provisions of the Class I corridor

shall govern.


F(18.30.030), 12-28-2009)

Sec. 38.340.230. - Design review board and administrative design review staff

powers and duties within entryway corridors. (38.17.040)

The design review board and administrative design review staff shall have the duties

and powers established by division 38.200 of this chapter, within entryway corridors.


F(18.30.040), 12-28-2009)

Sec. 38.340.240. - Certificate of appropriateness. (38.17.050)

A. A certificate of appropriateness received from the reviewing authority after

recommendation by the administrative design review staff or design review board,



shall be required before any and all alterations other than repair as defined in

section 38.700.160 of this chapter, are undertaken upon any structure in the

entryway corridor. Compliance with the review authority's decisions will be

mandatory subject to appeal as set forth in article 2 of this chapter. Application

procedures are as follows:

1. No building, demolition, sign, conditional use permit or moving permit shall be

issued within an entryway corridor until a certificate of appropriateness has been

issued by the appropriate review authority and until final action on the proposal

has been taken.

2. Application, review and public notice procedures for proposals located within

entryway corridors are set forth in division 38.230, Review Procedures for Site

Development; 200, Development Review Committee, Design Review Board,

Administrative Design Review Staff and Wetlands Review Board; and 220,

Noticing, of this chapter.

3. A denial of a certificate shall be accompanied by a written statement of reasons

for the denial.


F(18.30.050), 12-28-2009; Ord. No. 1828, § 12, 9-10-2012)

Sec. 38.340.250. - Design criteria and development standards in entryway

corridors. (38.17.060)

A. In addition to the standards of division 38.230 of this chapter, the following general

design criteria and development standards shall apply to all development occurring

within the areas described in section 38.340.120:

1. The proposed development shall also comply with all applicable design

standards and guidelines, including the design objectives plan for entryway

corridors.

2. Setback, parking, building and landscape standards.

a. The setback from any entryway corridor roadway right-of-way shall be

landscaped, including the screening or buffering of parking areas, through the

use of berms, depressed parking, native landscape materials surrounding and

within parking areas, or other means in order to preserve the area's natural

views.

b. In addition to the qualitative design standards and guidelines in the design

objectives plan for entryway corridors, parking areas and buildings shall:

(1) Be set back at least 50 feet from any Class I entryway corridor roadway

right-of-way; or

(2) Be set back at least 25 feet from any Class II entryway corridor roadway

right-of-way.


F(18.30.060), 12-28-2009)



Sec. 38.340.260. - Application requirements for certificates of appropriateness in

entryway corridor. (38.17.070)

A. Applications for certificates of appropriateness shall be made in conjunction with

applications for site plan approval, in accordance with division 38.230 of this

chapter.

B. Where development projects in the entryway corridor require only sketch plan

review as per division 38.230 of this chapter (e.g., single-household, two-household,

three-household and four-household residential structures, each on individual lots;

signs; fences; property alterations; and certain amendments to site plans),

applications for certificates of appropriateness shall be made in conjunction with an

application for sketch plan review on a form provided by the planning department,

and shall include the information and material as set forth in division 38.220 of this

chapter.

C. The architectural designs of individual workforce housing units used to satisfy the

requirements of section 10.08.020 and meeting the requirements of section

10.08.070.1.m are exempt from the review requirements of this part (2). This

exemption does not extend to removal or alterations of existing structures.


F(18.30.070), 12-28-2009)

Sec. 38.340.270. - Deviation from overlay or underlying zoning requirements.

(38.17.080)

A. To accomplish the intent and purpose of this part (2), it may be necessary to deviate

from the strict application of the overlay or underlying zoning requirements.

Deviations from the underlying zoning requirements may be granted by the city

after considering the recommendations of the design review board or

administrative design review staff.

B. The application for deviation shall be subject to the submittal and procedural

requirements of divisions 38.230 and 38.220 of this chapter. The application shall be

accompanied by written and graphic material sufficient to illustrate the initial and

final conditions that the modified standards will produce. The review authority shall

make a determination that the deviation will produce an environment, landscape

quality and character superior to that produced by the existing standards, and

which will be consistent with the intent and purpose of this part (2), and with the

adopted design objectives plan for the particular entryway corridor. Upon such a

finding, the review authority may authorize deviations of up to 20 percent beyond or

below minimum or maximum standards respectively, as established in the underlying

zoning district regulations. If the review authority does not find that the proposed

modified standards create an environment, landscape quality and character

superior to that produced by the existing standards, and which will be consistent

with the intent and purpose of this part (2), and with the adopted design objectives

plan for the particular entryway corridor, no deviation shall be granted.


F(18.30.080), 12-28-2009; Ord. No. 1828, § 17, 9-10-2012)



Sec. 38.340.280. - Appeals. (38.17.090)

Aggrieved persons, as defined in section 38.700.020 of this chapter, may appeal the

decision of the review authority pursuant to the provision of division 38.250 of this

chapter. In such event, the issuance of a certificate shall be stayed until the appeal

process has been completed.


F(18.30.090), 12-28-2009; Ord. No. 1827, § 2, 9-10-2012)

(ARTICLE 18. - CASINO OVERLAY DISTRICT )

Part 3: Casino Overlay District

Sec. 38.340.400. –Intent. (38.18.010)

The intent of the casino overlay district is to provide suitable locations for casinos, as

defined in this chapter, based on review for impacts to neighboring uses and to

minimize adverse effects on the community in the best interests of the public health,

safety and general welfare.

(Ord. No. 1645, § 18.32.010, 8-15-2005)

Sec. 38.340.410. – Application for zoning designation. (38.18.020)

Any person wishing to establish a casino must make application as per division 38.260 of

this chapter, Zoning Map Amendments, for a casino overlay district.

(Ord. No. 1645, § 18.32.020, 8-15-2005)

Sec. 38.340.420. – Authorized uses. (38.18.030)

A. Authorized uses in the casino overlay district are as follows:

1. Principal uses.

a. All principal uses permitted in the M-1 district if the underlying zoning is M-1.

b. All principal uses permitted in the M-2 district if the underlying zoning is M-2.

2. Conditional uses.

a. Casinos.

b. All conditional uses permitted in the M-1 district if the underlying zoning is M-1.

c. All conditional uses permitted in the M-2 district if the underlying zoning is M-2.

3. Accessory uses.

a. All accessory uses permitted in the M-1 district if the underlying zoning is M-1.

b. All accessory uses permitted in the M-2 district if the underlying zoning is M-2.

(Ord. No. 1645, § 18.32.030, 8-15-2005)

Sec. 38.340.430. – Restrictions. (38.18.040)

A. Casino overlay districts shall be permissible zoning only in areas zoned M-1 light

manufacturing district, or M-2 manufacturing and industrial district.



B. Casino overlay districts shall not be located within an entryway corridor overlay

district except for the Interstate 90 entryway overlay corridor. Casino overlay districts

shall not be located in areas where the Interstate 90 entryway corridor overlaps

other entryway corridor overlay districts.

C. Casino overlay district lots shall not be located within 600 feet, in any direction, of

lots used for schools, churches, residences, public parks or other casinos.

D. Sale for on-premises consumption of beer, wine and liquor is permissible only for

casino and restaurant establishments.

E. Casinos granted approval for sales for on-premises consumption of alcohol may not

also sell automotive fuels.

(Ord. No. 1645, § 18.32.040, 8-15-2005)

Sec. 38.340.440. – Lot area and width. (38.18.050)

There shall be no minimum lot area, however no lot width shall be less than 100 feet and

the lot area shall be sufficient to provide all required yard areas and off-street parking.

(Ord. No. 1645, § 18.32.050, 8-15-2005)

Sec. 38.340.450. – Lot coverage. (38.18.060)

The entire lot, exclusive of required yards, landscaping and parking may be occupied

by the principal and accessory buildings.

(Ord. No. 1645, § 18.32.060, 8-15-2005)

Sec. 38.340.460. – Yards. (38.18.070)

A. Every lot within a casino overlay district shall have the following minimum yards:

1. Front yard: 25 feet.

2. Rear yard: ten feet.

3. Side yards: eight feet each side. Note— (All yards shall be subject to the provisions of sections 38.340.060, 38.360.100 and

38.410.100, when applicable.)

(Ord. No. 1645, § 18.32.070, 8-15-2005)

Sec. 38.340.470. – Building height. (38.18.080)

A. Maximum building height in a casino overlay district shall be:

1. Roof pitches of less than 3:12: 32 feet.

2. Roof pitches of 3:12 or greater: 38 feet.

(Ord. No. 1645, § 18.32.080, 8-15-2005)



38.350 Reserved

38.360 Index of supplemental use criteria (Article 22)

Sec. 38.360.010. - Purpose. (38.22.010)

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.


11(18.40.010), 7-16-2007; Ord. No. 1761, exh. G(18.40.010), 7-6-2009)

Sec. 38.360.020. - Applicability. (38.22.020)

All uses listed in this section shall be subject to the specific standards described for each

use, in addition to all other applicable standards.


11(18.40.020), 7-16-2007; Ord. No. 1761, exh. G(18.40.020), 7-6-2009)

Sec. 38.360.030. - Accessory dwelling units. (38.22.030)

A. An owner or the owners of real property may establish and maintain an accessory

dwelling unit, either within a detached single-household dwelling or above a

detached garage which is accessory to the detached single-household dwelling, in

the R-S or R-1 districts if all of the following conditions are met and continue to be

met during the life of the accessory dwelling unit:

1. The detached dwelling unit within which the accessory dwelling unit is located,

or the accessory dwelling unit itself, is actually and physically occupied as a

principal residence by at least one owner of record who possesses at least an

estate for life or a 50 percent fee simple ownership interest. No more than one of

the dwellings, either the principal dwelling or the accessory dwelling, may be

rented by non-owners at the same time. The city may require a guarantee of

compliance with the requirements of this section, including but not limited to a

binding deed restriction or covenant enforcing the single rental restriction as

allowed in section 38.270.080.B, as a condition of approval;

2. In addition to the parking required for the principal residence, one paved off-

street parking space is provided for the exclusive use of the accessory dwelling

unit. The parking provided shall be located on the lot and may not utilize the on-

street parking provisions of division 38.540 of this chapter;

3. The occupancy of the accessory dwelling unit does not exceed two persons;

4. Garages shall not be converted for use as accessory dwelling units. However,

accessory dwelling units shall be permitted to be placed above garages only in

subdivisions receiving preliminary plat approval after January 1, 1997;

5. No permit for an accessory dwelling unit shall be granted unless the lot has been

configured to accept an accessory dwelling unit with adequate lot area, utility

services, and compliance with setbacks and height standards;

6. In no case shall an accessory dwelling unit be larger than 800 square feet or

have more than a single bedroom. The method of calculating the maximum



ADU square footage will be "living area" defined as "all floor area exclusive of

areas with a sloped ceiling less than three feet in height, stairwells, and exterior

decks." Bedrooms, living rooms, kitchens, casework, interior walls, hallways,

closets, bathrooms, and any other living space shall be included in the maximum

square footage calculation;

7. Second story additions on detached garages shall be approved only if found

compatible and consistent with the character and fabric of the neighborhood;

8. Only one accessory dwelling unit may be created per lot; and

9. If the accessory dwelling unit is a part of the principal dwelling unit, the

accessory dwelling unit shall be clearly incidental to the principal dwelling unit

and shall meet the following criteria:

a. The accessory dwelling unit is created only in a single-household detached

dwelling unit on a lot of 6,000 square feet or more;

b. The accessory dwelling unit does not exceed one-third of the total area of the

principal structure;

c. The accessory dwelling unit is created only through internal conversion of the

principal structure or constructed above a garage. Minor exterior changes

may be made on the building, if the square footage added constitutes no

more than ten percent of the principal structure's existing living area (exclusive

of the garage); and

d. If the entrance for the accessory dwelling unit is separate from the entrance of

the principal structure, the entrance shall only be located in the rear or side

yards.

10. All accessory dwelling units are subject to CUP provisions established in division

38.230 of this chapter.

11. No deviations shall be granted to lot area requirements or parking requirements

to allow the establishment of an accessory dwelling unit. In no case shall more

than a total of two deviations be granted to allow the establishment of an

accessory dwelling unit.

B. An owner or the owners of real property may establish per section 38.230.050 and

maintain an accessory dwelling unit, in the R-2, R-3, R-4, R-O or, REMU (residential

single-household lots only) districts if all of the following conditions are met and

continue to be met during the life of the accessory dwelling unit. If the following

conditions are not met the dwelling shall be reviewed under the provisions of section

38.230.090.

1. In addition to the parking required for the principal residence, the minimum

number of required paved off-street parking shall be provided for the exclusive

use of the accessory dwelling unit;

2. The occupancy of the accessory dwelling unit does not exceed two persons;

3. Garages shall not be converted for use as accessory dwelling units. However,

accessory dwelling units shall be permitted to be placed above garages;



4. In no case shall an accessory dwelling unit be larger than 600 square feet or

contain more than a single bedroom. The method of calculating the maximum

ADU square footage will be "living area" defined as "all floor area exclusive of

areas with a sloped ceiling less than five feet in height, stairwells, and exterior

decks." Bedrooms, living rooms, kitchens, casework, interior walls, hallways,

closets, bathrooms, and any other living space shall be included in the maximum

square footage calculation;

5. Second story additions on detached garages shall be approved only if found

compatible and consistent with the existing character and fabric of the

neighborhood; and

6. Only one accessory dwelling unit may be created per lot.

7. No deviations shall be granted to lot area requirements or parking requirements

to allow the establishment of an accessory dwelling unit. In no case shall more

than a total of two deviations be granted to allow the establishment of an

accessory dwelling unit.

8. The accessory dwelling unit is located above a detached garage.

9. An accessory dwelling unit may not be approved on a reduced size lot created

to meet the minimum workforce housing requirements of chapter 38, division 380.

C. The applicant shall comply with building department standards.

D. Any accessory dwelling unit created within an accessory building is subject to the

limitations of section 38.320.080.

Figure 38.360.030.1. Accessory dwelling units.



Figure 38.360.030.2. Accessory dwelling units with dormer.


11(18.40.030), 7-16-2007; Ord. No. 1761, exh. G(18.40.030), 7-6-2009; Ord. No. 1802, § 7, 4-11-2011; Ord. No.

1830, § 16, 9-24-2012)

Sec. 38.360.040. - Adult businesses. (38.22.040)

A. In addition to the requirements to be followed for all development established in this

chapter, the following requirements shall apply to all adult businesses:

1. An adult business must be separated by at least a 500-foot radius from any other

adult use, residence, residential district, school, place of worship, public park or

any youth-oriented establishment. Subsequent establishment of one of the

above-listed uses within the required separation radius does not compel the

relocation of an adult business.


11(18.40.040), 7-16-2007; Ord. No. 1761, exh. G(18.40.040), 7-6-2009)

Sec. 38.360.050. - Alcohol sales for on-premises consumption. (38.22.050)

Alcohol sales for on-premises consumption, on either a temporary or permanent basis,

may not be conducted on the same lot or premises where an adult business or auto

retail fuel sale is permitted.


11(18.40.050), 7-16-2007; Ord. No. 1761, exh. G(18.40.050), 7-6-2009)

Sec. 38.360.060. - Automobile repair and/or fuel sales. (38.22.060)

A. In addition to the requirements to be followed for all convenience uses as defined in

this chapter, and provided in section 38.360.100, the following requirements shall

apply to all service station and automobile uses as listed in this section. Compliance



with all criteria listed in this section does not necessarily guarantee approval by the

city.

1. Gas pump and pump island canopies are to be located not closer than ten feet

to any side or rear property line. Design of the canopy shall architecturally match

the design of the main building. All canopies shall be connected to the roof of

the main structure unless otherwise approved. All lighting shall meet the lighting

standards of this chapter. The maximum height of the canopy shall not exceed

18 feet. All signs must conform to the sign regulations of division 38.560 of this

chapter;

2. All on-site activities, except those normally performed at the fuel pumps, are to

be performed within a completely enclosed building;

3. Where towing service is to be provided, a parking bay for the towing vehicle is to

be provided. Vehicles that are either under repair or vehicles that have been

repaired may be stored on a temporary basis, not to exceed seven days, and

designated parking bays must be provided for each vehicle awaiting repairs.

Vehicle storage areas are subject to the same screening requirements as parking

lots;

4. All lighting shall conform to division 38.570;

5. All structures approved under these standards shall be of a design character

that is appropriate to the area in which they are to be constructed. Color

renderings of buildings shall accompany each application and construction shall

be in conformity thereto. Architectural detailing shall be consistent on all four

sides of the building;

6. All restroom entrances shall be screened from view of adjacent properties or

street rights-of-way by a decorative wall or landscaping, or shall be accessed

from the inside of the main entrance to the building;

7. 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;

8. Parking space for each service stall in the station shall be provided. Pump islands

shall not be considered as service bays. Standing areas at pump islands and

interior circulation areas shall not be used as parking areas in calculating

required parking spaces; and

9. Automotive repair facilities.

a. All repairs or painting 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. Any facility shall be designed to contain and minimize noise and odors; and

d. All facilities shall have a water quality facility (oil/water separator) as part of

the water quality design for stormwater runoff, and shall conform to section

38.410.080.



(Ord. No. 1645, § 18.40.060, 8-15-2005; Ord. No. 1669, § 1, 8-7-2006; Ord. No. 1693, § 12(18.40.060), 2-20-2007;

Ord. No. 1709, § 11(18.40.060), 7-16-2007; Ord. No. 1761, exh. G(18.40.060), 7-6-2009)

Sec. 38.360.070. - Automobile washing establishment. (38.22.070)

A. In addition to the requirements to be followed for all convenience uses, the

following requirements shall apply to all auto washing establishments:

1. All detergents must be biodegradable;

2. Building surfaces shall be faced with masonry, brick, stucco, wood or some other

permanent looking material;

3. Trash and litter containers shall be emptied daily. In addition, the site shall be

patrolled at least once daily in order to remove litter;

4. Sale of automobile accessories such as batteries, tires, gasoline, etc., is

prohibited during any period when establishment employees are not present;

and

5. Canopies are to be located not closer than ten feet to any side or rear property

line. Design of the canopy shall architecturally match the design of the main

building. All lighting shall meet the lighting standards of this chapter. The

maximum height of the canopy shall not exceed 18 feet. All signs must conform

to the sign regulations of division 38.560 of this chapter.


11(18.40.070), 7-16-2007; Ord. No. 1761, exh. G(18.40.070), 7-6-2009)

Sec. 38.360.080. - Cemeteries. (38.22.080)

A. Total site area, including business office and storage building, shall be a minimum of

40 acres, of which at least ten acres shall be subdivided and developed in the initial

plot.

B. The cemetery may include accessory uses such as a chapel, mortuary, office,

mausoleum and those industrial uses which are incidental to the operation of a

cemetery. Industrial uses may include such things as the manufacture of burial vaults

and headstone foundations, provided all of the products are used on the site and

are not offered for sale and use elsewhere. The cemetery shall not include uses of

an industrial nature other than those stated in this section.


11(18.40.080), 7-16-2007; Ord. No. 1761, exh. G(18.40.080), 7-6-2009)

Sec. 38.360.090. - Condominiums. (38.22.090)

A. Unit ownership act. Condominium developments shall comply with all provisions of

the Unit Ownership Act, MCA 70-23-101 et seq., and all regulations adopted

pursuant thereto.

B. Condominium association. A condominium association shall be established for each

condominium development. The developer shall prepare bylaws for the

condominium association, as well as covenants, conditions and restrictions for the

condominium development, in compliance with division 38.220 of this chapter. The

bylaws, covenants, conditions and restrictions shall be submitted to the city for



review and approval prior to the granting of final site plan approval or approval for

condominiumization of existing development.

C. Internal circulation in a condominium development shall be designed in

accordance with division 38.540 of this chapter, and shall, when deemed necessary

by the city engineer, comply with section 38.400.020.

D. Condominiums may be subject to chapter 38, division 380.


11(18.40.090), 7-16-2007; Ord. No. 1761, exh. G(18.40.090), 7-6-2009)

Sec. 38.360.100. - Convenience uses and drive-through/drive-in restaurants.

(38.22.100)

A. Architectural guidelines.

1. All convenience uses shall be designed with an architectural and design

character that is appropriate for and compatible with the area, and shall also

comply with all applicable design standards and guidelines including the design

objectives plan for entry way corridors;

2. Use of standardized corporate identification themes integrated into the

architectural design is generally not acceptable. 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; and

4. The elevation design of the building shall provide design character and detailing

on all four sides.

B. Noise from drive-through speakers shall not be audible from adjacent residential

districts.


11(18.40.100), 7-16-2007; Ord. No. 1761, exh. G(18.40.100), 7-6-2009)

Sec. 38.360.110. - Group living. (38.22.105)

A. Applicability. All group living uses (as defined in section 38.700.080) except for health

care facilities and community residential facilities with eight or fewer residents are

subject to the standards of this section.

B. Density.

1. The density of residents in a group living use is limited to generally approximate

and correspond with the density limits that apply to other types of housing in

residential zoning districts. Limiting density addresses areas of legitimate public

concern and the purposes of zoning as established by the state legislature and

adopted locally in section 38.100.040.



2. For the purpose of these regulations, "residents" include all people living at the

site, including children; except that people who provide support services,

building maintenance, care, and supervision, are not considered residents.

3. Group living use requires the following area of land within the site for each

resident.

District Name

Minimum Area

Required per

Resident in

Square Feet

REMU, R4 and R-O 602

RS 10,890 unless

otherwise approved through a planned unit development

R1 and RMH 1250

R-2 and R-3 750

C. On-site service and facilities. In any R district, on-site services and facilities may be

provided only to residents of the group living use.

D. Group living is not a substitute for a hotel, motel, or other transitory service facility.

Therefore, duration of terms of occupancy for residents is 30 days or greater.

(Ord. No. 1802, § 8, 4-11-2011; Ord. No. 1830, § 17, 9-24-2012)

Sec. 38.360.120. - Home-based businesses. (38.22.110)

A. Generally. A home-based business is a use that is considered accessory to a

dwelling unit. Buildings combining live/work arrangements located in districts where

both the residential and nonresidential uses to be combined are authorized are not

subject to the requirements of this section.

B. Home-based business as accessory use.

1. The use shall be clearly incidental and secondary to the use of the dwelling for

residential purposes and shall not change the character of the dwelling or

adversely affect the uses permitted in the residential district of which it is a part.

The home-based business may not be conducted in an accessory structure, and

shall comply with the standards of subsection C of this section.

2. Purpose. It is in the intent of this section to eliminate as accessory home-based

businesses for all uses except those that conform to the standards set forth in this

section. In general, an accessory home-based business is a use so located and

conducted that the average neighbor, under normal circumstances, would not

be aware of its existence with the exception of permitted signage as allowed by

division 38.560 of this chapter. The standards for home-based businesses included

in this section are intended to ensure compatibility with other permitted uses and

with the residential character of the neighborhood. A clearly accessory or

incidental status in relation to the residential use of the main building is the

criteria for determining whether a proposed accessory use qualifies as an of-right

home-based business.



3. Necessary conditions for accessory use. Accessory home-based businesses are

permitted accessory uses in residential districts only so long as all the following

conditions are observed:

a. Such home-based business shall be conducted by resident occupants in their

residence with not more than one on-premises halftime nonresident

employee;

b. No more than 25 percent of the gross area of all structures shall be used for

such purpose;

c. 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;

d. No home-based business shall cause an increase in the use of any one or

more utilities (water, sewer, garbage, etc.) so that the combined total use for

dwelling and home-based business purposes exceeds the average for

residences in the neighborhood;

e. There shall be no outside storage of any kind related to the home-based

business;

f. The use may increase vehicular traffic flow and parking by no more than one

additional vehicle at a time. Depending on the individual circumstances of

each application, an additional off-street parking space may be required;

and

g. No use shall create noise, dust, vibration, smell, smoke, glare, electrical

interference, fire hazard or any other hazard or nuisance to any greater or

more frequent extent than that usually experienced in an average residential

occupancy in the district in question under normal circumstances wherein no

home-based business exists.

4. Notice of intent to operate an accessory home-based business. Any individual

applying for a business license, with the intent of operating the business from

such person's home, shall acknowledge by signature such person's

understanding of the requirements and conditions of this chapter.

C. Home-based business as conditional use.

1. Purpose. The use shall be secondary to the use of the lot for residential purposes

and shall not be incompatible with the character of the zoning district thereof or

adversely affect the principal uses permitted in the residential district of which it is

a part. When a home-based business has been established through the CUP

process, it means that the owner, lessee or other persons who have a legal right

to the use of the dwelling also have the right to conduct the home-based

business whether in the principal or an accessory structure. The home-based

business shall comply with the standards of subsection C.3 of this section.

2. Conditional use. It is the intent of this section to provide, through the conditional

use process established in division 38.230 of this chapter, opportunities for home-

based businesses which are more intensive in nature than those which would be



allowed as an accessory use. In general, a home-based business approved

through the conditional use process is an accessory use which complies with the

requirements of this chapter and is subordinate to the primary use of the

particular lot for residential purposes. The standards for home-based businesses

included in this section are intended to ensure compatibility with other permitted

uses and with the residential character of the neighborhood. A secondary, but

not incidental, status in relation to the residential use of the main building is the

criteria for determining whether a proposed use may, under certain

circumstances, qualify as a home-based business which may be approved by

the conditional use process. As stated in section 38.230.010, conditional uses start

from the presumption that they are incompatible with the zoning district but may

under specific and limited conditions become compatible. Unless such

conditions are found, there is no right to the practice of a home-based business

which does not comply with the terms of an accessory home-based business as

listed in this section.

3. Necessary conditions for conditional use. Home-based businesses permitted

through the conditional use permit process are allowed in residential districts only

so long as all the following conditions are observed:

a. Such home-based business shall be conducted by resident occupants with

not more than one on-premises halftime nonresident employee;

b. No more than 30 percent of the gross area of all structures shall be used for

such purpose;

c. 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 beyond that allowed in a residential use;

d. No home base business shall cause an increase in the use of any one or more

utilities operated by the city so that the combined total use for dwelling and

home-based business purposes exceeds the average for residences in the

neighborhood;

e. There shall be no outside storage of any kind related to the home-based

business;

f. No use shall create noise, dust, vibration, smell, smoke, glare, electrical

interference, fire hazard or any other hazard or nuisance to any greater or

more frequent extent than that allowed by this chapter;

g. Home-based business by conditional use permit may only be allowed on lots

occupied by single-household detached dwellings;

h. Such conditional use shall be subject to all conditions set forth in this chapter,

except the provisions of section 38.550.060, Landscape Performance

Standards; and

i. All permits required by the city, including, but not limited to, building permits

and business licenses, shall be received prior to establishing the home-based

business.



4. Home-based business allowed through a conditional use permit. Any individual

seeking to operate a home-based business, which is greater in scope than that

allowed by an accessory home-based business, shall make application for a

conditional use permit under the terms of division 38.230 of this chapter. The

planning director shall determine if a home-based business requires a conditional

use permit.

D. Complaints. Complaints by citizens of the city may be cause for termination of the

home-based business. Final administrative actions in relation to complaints are

subject to appeal per article 2 of this chapter.

E. Uses that are prohibited. The following uses, by the nature of their character or the

investment of operation, have a pronounced tendency, once started, to rapidly

increase beyond the limits permitted for home-based businesses and thereby impair

the use and value of a residentially zoned area for residential purposes. Therefore,

the following uses shall not be permitted as home-based businesses: adult

businesses; auto repair, minor or major; carpentry work; dance instruction; dental

offices; medical offices; medical marijuana not meeting the exclusion in section

38.360.230.A.3; mobile oil and lube services; painting of vehicles, trailers or boats;

private schools with organized classes; radio or television repair; and upholstering.

F. Appeal to city commission. Any person may appeal the planning director's action

relating to a home-based business as provided for by article 2 of this chapter.



1828, §§ 35, 36, 9-10-2012)

Sec. 38.360.130. - Manufactured home communities. (38.22.120)

A. Manufactured home communities are included in the state classification of land

subdivisions by rent or lease. Therefore, applicants for such developments shall apply

for and be reviewed under both site plan and subdivision procedures unless

exempted per section 38.240.130. When both review processes are required they will

be reviewed concurrently when appropriate. All standards of this chapter are

applicable unless explicitly waived.

1. State requirements. All manufactured home communities developed under this

section shall comply with state department of public health and human services,

department of environmental quality and any other applicable state regulations.

Prior to final approval for a manufactured home community, copies of approval

letters from relevant state agencies shall be submitted or compliance with all

applicable regulations shall be certified by a professional civil engineer licensed

by the state.

2. Lot improvements. The location of boundaries of each manufactured home lot

for rent or lease shall be clearly and permanently marked on the ground with

flush stakes, markers or other suitable means. The location marked must be

closely approximate to those depicted on the approved plans.

a. Utility hookup. Every manufactured home shall be permanently connected to

electric power, water supply, sewage disposal, gas and telephone service



lines in compliance with applicable city codes, and all utility distribution and

service lines shall be installed underground.

b. Permanent foundations and anchoring. All manufactured homes shall be

required to be tied or otherwise physically anchored to an approved

permanent concrete foundation. Building permits for foundations and

anchoring, issued through the city building department in accordance with

the adopted International Building Code, are required. The method of

anchoring and foundations shall be specified as part of the required

preliminary development review.

c. Maintenance.

(1) There shall be no exposed outdoor storage of furniture (except lawn

furniture), household goods, tools, equipment, or building materials or

supplies.

(2) No manufactured home may be parked on a public or private street for

more than 24 hours.

(3) An abandoned, burned or wrecked manufactured home must be

secured against entry as directed by the fire marshal and may not be

kept on a lot for more than 45 days.

(4) Each manufactured home must bear an insignia which attests that the

construction of the manufactured home meets regulation A 119.1 of the

American National Standards Institute (adopted by the U.S. Department

of Housing and Urban Development), or be certified as meeting the

Mobile Home Construction and Safety Standards of the U.S. Department

of Housing and Urban Development.

(5) Within 21 days of placement, standard manufactured home skirting of

fire-resistive material similar in character to that of the manufactured

home must be provided around the entire perimeter of the manufactured

home between the bottom of the body of the manufactured home and

the ground, except where the running gear has been removed and the

manufactured home itself is attached directly to the permanent

foundation.

(6) All required front yards of lots for rent or lease for manufactured homes

shall be fully landscaped.

(7) All private, commonly owned recreation areas not devoted to buildings,

structures, surfaced courts, sand boxes, etc., shall be landscaped and

irrigated.

d. Manufactured home lots for rent or lease shall be arranged to permit the

practical placement and removal of manufactured homes. Every lot for rent

or lease must front on a public or private street.

3. Permits and inspections.

a. Owner's and agent's responsibility. It shall be the responsibility of the individual

property owners or, in the case of a rental community, the managers of the



rental community to see that all sections of this division 38.360 are complied

with, including requirements relative to placement of manufactured homes,

and all required permits.

b. Move-in permit required. All manufactured homes moved into the city must

be issued a move-in permit, pursuant to this section, and be inspected by the

city building official, 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.

c. City inspection required.

(1) The required inspections for manufactured homes shall include: on-site

utilities requirements including gas, electric, sewer and water; setback

requirements; and off-street parking requirements.

(2) It is unlawful for any person, firm, corporation or agency to turn on, or

allow to be turned on, any gas or electric service without an inspection

and clearance from the city building official.

d. Non-manufactured-home improvements subject to the International Building

Code. Permits must be obtained for additions, alterations, canopies, carports,

storage areas and detached refrigeration units that were not included in the

original sale of the manufactured home unit, fees for which are set by the

International Building Code and International Mechanical Code.

4. Plans. The preliminary and final plans shall accurately depict:

a. All proposed and required landscaping;

b. Locations of storage areas for recreational vehicles and other chattels of the

residents;

c. A layout of typical lots for rent or lease showing the location and dimensions of

the lot, manufactured home stand, driveway and parking spaces;

d. Mail delivery area; and

e. Foundation and anchoring details.

5. A permanent enclosure for temporary storage of garbage, refuse and other

waste material shall be provided for every manufactured home space. If trash

dumpsters are to be used, they shall be centrally and conveniently located, shall

not be located in any front yard, and shall otherwise comply with the

requirements of this chapter.

6. Landscaping may be required by the review authority to provide a buffer

between manufactured home communities and adjacent uses, and to enhance

the appearance of the development. The landscaping may be interspersed with

a fence or wall. Specific perimeter landscape/buffering treatments shall be

determined on a case-by-case basis, with the city considering appropriate

factors such as the nature of adjacent uses, noise and proximity to busy streets.

7. Recreation areas. At a minimum, the amount of land required to be dedicated

under section 38.420.020, shall be reserved as park or recreation area.



Recreation areas may include space for community recreation buildings and

facilities.

a. Public access through the recreation area may be required, through the

provision of a written public access easement, if it is determined by the review

authority that public access is necessary to ensure public access through the

private recreational area from adjoining properties to nearby or adjacent

public parks.

8. Accessory buildings. Accessory buildings for individual dwellings are subject to

section 38.320.080.



1828, §§ 37, 38, 9-10-2012; Ord. No. 1830, § 18, 9-24-2012)

Sec. 38.360.140. - Manufactured homes on individual lots. (38.22.130)

A. Intent. It is the intent of this section to allow manufactured homes, as defined in

section 38.700.120 of this chapter, in specified zoning districts in which similar single-

household dwellings constructed on the site are permitted subject to requirements

and procedures set forth herein to ensure acceptable similarity in exterior

appearances between such manufactured homes and dwellings that have been or

might be constructed under these and other regulations on adjacent lots in the

same district or area. It is the intent of this section to permit only those manufactured

homes certified as meeting the Mobile Home Construction and Safety Standards of

the U.S. Department of Housing and Urban Development.

B. Application, material to be supplied. One copy of the application for the proposed

manufactured home on the individual building lot shall be submitted to the Building

Department in conjunction with the application for a building permit for the building

foundation. The application shall include all information as deemed necessary by

the planning director to make determinations as to conformity with subsection C of

this section, and it shall include a minimum of color photographs of all sides of the

manufactured home, of the nearest existing residences or other grounds or 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 a description of siding and roofing material in

sufficient detail as to make possible determination as to its appearance and

durability.

C. Standards for determination of acceptable similarity in exterior appearance and

construction. The following standards shall be used in determinations of acceptable

similarity in appearance and construction between manufactured homes with

permanent foundations and residences constructed near the site to ensure that

such manufactured homes will be compatible in appearance with site built housing

that has been or may be constructed in adjacent or nearby locations.

1. No manufactured homes shall have fenestration or other features 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 below the top of the foundation.

6. A solid concrete or masonry perimeter foundation shall be used.

7. The exterior covering and roofing materials of the garage, carport and

accessory buildings shall be compatible with the materials on the manufactured

home.

8. The finished floor shall be a maximum of 24 inches above the exterior finished

grade of the lot, or similar to the conventionally built homes in the surrounding

area.

9. The manufactured home shall be located on the lot so that the home presents a

primary entrance to the principal street frontage. Such primary entrance may be

established by the presence of porches, overhanging gables, and similar

architectural features consistent with the character of site built homes in the near

vicinity.

10. Manufactured homes on permanent foundations shall meet all the property

development standards for the zone in which they shall be located. These

standards include, but are not limited to, lot area and dimension; area per

dwelling unit; front, rear and side yard setbacks; building height, lot coverage,

location of accessory buildings; and off-street parking.

11. Manufactured homes located within the neighborhood conservation overlay

district shall be subject to review for a certificate of appropriateness under the

same standards for architectural compatibility as other homes.

12. Manufactured homes shall be approved for location on individual building lots

only if they have been certified as meeting the Mobile Home Construction and

Safety Standards of the U.S. Department of Housing and Urban Development.

D. Actions by planning director. Upon receipt of an application as required by

subsection B of this section, the planning director shall make a decision to approve

or disapprove of the application within 15 working days.


11(18.40.130), 7-16-2007; Ord. No. 1761, exh. G(18.40.130), 7-6-2009; Ord. No. 1828, § 39, 9-10-2012)

Sec. 38.360.150. - Mini warehouses. (38.22.140)

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 ten-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 ten-foot parking lane and two ten-

foot travel lanes; and

4. The parking lanes may be eliminated when the driveway does not serve storage

cubicles.

Figure 38.360.150. Mini warehouses.


11(18.40.140), 7-16-2007; Ord. No. 1761, exh. G(18.40.140), 7-6-2009)

Sec. 38.360.160. - Outdoor sales and display. (38.22.150)

A. Merchandise which is offered for direct sale, rental or lease to the ultimate

consumer or user may be displayed beyond the confines of a building in any

commercial district, but the area occupied by such outdoor display shall not

constitute a greater number of square feet than ten percent of the ground floor

area of the building housing the principal use, unless such merchandise is a type

customarily displayed outdoors such as automobiles and garden supplies. In such

cases, the maximum area for outdoor sales and display shall not exceed 50 percent

of the total lot area.

B. Outdoor sales and display areas shall not be located in any required yard and is

also subject to section 38.320.110.



Figure 38.360.160. Outdoor sales and display.


11(18.40.150), 7-16-2007; Ord. No. 1761, exh. G(18.40.150), 7-6-2009)

Sec. 38.360.170. - Portable carry-out food and beverage buildings. (38.22.160)

A. A $10,000.00 site bond must be secured on the property. In addition, evidence of

liability insurance, with coverage of $1,000,000.00 per occurrence, shall be furnished

by the owner.

B. Electrical service must be installed underground, in compliance with all electrical

service codes, subject to approval by the building department.

C. Structures shall not exceed 80 square feet in size. All structures must be on an

improved asphalt or concrete surface, be anchored to resist accidental movement,

be placed upon approved footings and have a fully electrically bonded frame. No

structure shall have an axle. Enclosed trailers must remove the axle, and be secured

to resist accidental movement, with all related supports cosmetically covered with

an approved material.

D. Not more than one portable structure may be placed on a zone lot (individual

property or contiguous properties held in common ownership). Portable structures

shall be placed in a manner so as not to interfere with normal vehicle and

pedestrian circulation patterns or required emergency access. Nor shall such

structures be placed in a manner that eliminates or interferes with the use of

required parking spaces.

E. Requests for special temporary use permits shall be subject to review and must be

approved by the appropriate city department representatives per section

38.230.060. Permit coordination and final issuance shall be by the planning director.

A special temporary use permit for portable carry-out food and beverage buildings

shall be valid for a period of one year, and may be renewed annually thereafter



only if all regulations and requirements are strictly complied with on a continuing

basis.

F. Operations shall be subject to all licensing requirements of the Gallatin City-County

Health Board. Documentation of such licensing, including a copy of plans for water

supply and disposal, shall be provided to the planning director prior to permitting.

G. The city reserves the right to revoke or terminate this permit at any time by giving 30

days' written notice of such revocation or termination, except that the city may, at

its election, revoke or terminate the permit at any time without giving any notice if

the owner fails to comply with or abide by each and all of the terms and conditions

of the permit.

H. Portable food and beverage buildings as described herein shall not be subject to

certificate of appropriateness requirements for the neighborhood conservation and

entryway corridors overlay districts.

(Ord. No. 1645, § 18.40.160, 8-15-2005; Ord. No. 1693, § 12(18.40.160; Ord. No. 1693, § 12(18.40.160), 2-20-

2007); Ord. No. 1709, § 11(18.40.160), 7-16-2007; Ord. No. 1761, exh. G(18.40.160), 7-6-2009; Ord. No. 1828, §

41, 9-10-2012)

Sec. 38.360.180. - Recreational vehicle park and overnight campground.

(38.22.170)

A. Recreational vehicle parks and overnight campgrounds are included in the state

classification of land subdivisions by rent or lease. Therefore, applicants for such

developments shall apply for and be reviewed under both site plan and subdivision

procedures unless exempted by section 38.240.130.

1. Recreational vehicle parks shall be screened from view of any adjacent

residential development.

2. Internal circulation roads shall be paved with a concrete or asphaltic concrete

surface.

3. Individual recreational vehicle parking pads shall be plainly marked and

maintained with a dust free surface.

4. 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.

5. Approved trash disposal, bathroom and laundry facilities, including facilities for

the handicapped, shall be provided for use of overnight campers.

6. Recreational vehicles spaces shall be separated by no less than 15 feet and shall

be no less than 1,500 square feet in area.



Figure 38.360.180. Recreational vehicle park and overnight campground.


11(18.40.170), 7-16-2007; Ord. No. 1761, exh. G(18.40.170), 7-6-2009; Ord. No. 1808, § 8, 7-11-2011;

Ord. No. 1830, § 19, 9-24-2012)

Sec. 38.360.190. - Large-scale retail, size limitations and design and site

development guidelines and requirements. (38.22.180)

A. Purpose.

1. The purpose of this section is to establish general development standards for

large scale retail developments. These standards are intended and designed to

ensure compatibility of uses; to prevent urban blight, deterioration and decay;

and to enhance the health, safety and general welfare of the residents living

within the city.

2. These standards are also intended to be used as guidelines for evaluating and

assessing the quality and design of proposed large scale retail developments.

The particulars of any large scale retail developments will be evaluated against

their respective standards contained in this division 38.360. It is expected that the

quality and design of the large scale retail developments, while not necessarily

complying with the exact standards of this division 38.360, will meet or exceed

the intent behind these standards.

3. Applicability. All uses listed in this division 38.360 shall be subject to the specific

standards described for each use, in addition to all other applicable standards

which may apply.

B. Limitations on size of retail stores.

1. No retail building, utilized by a single tenant, shall exceed 75,000 square feet.



2. Retail development consisting of one or more single-tenant building greater than

40,000 square feet may offer for direct sale to the public merchandise, which is

displayed outdoors, but the area occupied by such outdoor sales and storage,

exclusive of warehouses, shall not exceed 25 percent of the total square footage

of the retail building and shall also comply with section 38.360.160.

3. Notwithstanding subsections B.1 and 2 of this section, when an otherwise lawful

retail building, in excess of 75,000 square feet, exists as of March 21, 2003, such

building shall be considered a development nonconformity. Said building may

be continued, structurally altered, repaired or reconstructed so long as it is not

increased, extended or enlarged beyond the gross floor area of the building that

existed on March 21, 2003. To the extent practicable, the design and site

development guidelines of this section shall be applied to any alteration,

reconstruction or repair that takes place after March 21, 2003.

4. The following principal uses are exempt, as they pertain to outdoor sales and

storage:

a. Recreation vehicle sales and auto sales;

b. Agricultural implement sales; i.e., tractors, cultivators, balers, etc.; and

c. Plant nursery.

C. Design and site development guidelines for certain retail developments.

1. Retail development consisting of a single-tenant building greater than 40,000

square feet shall be subject to the design and site development criteria and

development standards contained in subsections C.5 and 6 of this section. These

guidelines shall be applied as part of the review and approval process for use

permits and detailed applications. For developments in the entryway corridor,

which are also subject to the design guidelines in division 38.340 of this chapter, if

there is any conflict between the guidelines, the more restrictive guideline shall

apply. The guidelines in this section shall not be applied to any development or

portion of a development that is covered by an approved use permit as of

March 21, 2003, unless modifications to the use permit are proposed by the

applicant.

2. Intent and purpose. All new construction of retail buildings described in

subsection A of this section will be subject to design review. It is the intent and

purpose of this section to ensure the quality of retail development will enhance

the impression and enjoyment of the community both by guiding development

and change that occurs after the adoption date of the ordinance from which

this section is derived, and by stimulating and assisting, in conjunction with other

provisions of this chapter, improvements in signage, landscaping, access and

other contributing elements of retail development appearance and function. It is

further the intent of this section to establish design criteria, standards and review

procedures that will allow the city and its advisory boards and agencies to

review and direct, in a fair and equitable manner, the development and

redevelopment of future and existing properties and facilities governed by this

section. The recommendations of the design review board or administrative

design review staff shall be given careful consideration in the final action of any



agency, board or commission involved in decisions involving retail developments

governed by this division 38.360.

3. The design review board and administrative design review staff shall have the

powers and duties provided by this chapter in considering applications subject

to this division 38.360.

4. Certificate of appropriateness. A certificate of appropriateness, received from

the review authority with a recommendation by the design review board, shall

be required as a condition of site plan approval for any development governed

by this section. Application, review and public notice procedures for proposals

governed by this section are set forth in division 38.220, Noticing, and division

38.230, Review Procedures for Site Development, of this chapter.

5. Design criteria and development standards. In addition to all other applicable

review procedures and design criteria, all development governed by this section

shall exceed design criteria and development standards contained in division

38.340 of this chapter, entryway corridor overlay district, including the general

design objectives and guidelines contained in the adopted or updated design

objectives plan, regardless of location or zoning district. Said design criteria and

development standards shall be exceeded through design practices such as

additional architectural detailing, exceptional landscape design, improved

public spaces, use of renewable energy and/or recycled construction materials,

and provisions for alternative modes of transportation. The review authority shall

determine whether established design criteria and development standards have

been exceeded based on a recommendation from the design review board.

6. Adaptability for reuse/compartmentalization. The building design shall include

specific elements for adaptation for multi-tenant reuse. Such elements may

include but are not limited to compartmentalized construction, including

plumbing, electrical service, heating, ventilation and air conditioning. The

building design shall also allow for:

a. The interior subdivision of the structure into separate tenancies;

b. Facades that readily adapt to multiple entrances and adapt to entrances on

all but one side of the building;

c. Parking lot schemes that are shared by establishments or are linked by safe

and functional pedestrian connections;

d. Landscaping schemes that complement the multiple entrance design; and

e. Other elements of design which facilitate the multi-tenant reuse of the

building and site.

7. Appeals. Appeals may be taken as provided for in division 38.250 of this chapter.

D. Additional criteria and site development guidelines for certain retail developments.

1. Applications for large scale retail development shall include a renewal plan that

will afford maximum opportunity, consistent with the sound needs of the

municipality as a whole, for the rehabilitation or redevelopment of the structure



in the event of closure or relocation by the original occupant. Such plan will be

approved if the review authority finds that:

a. The plan conforms to the city's growth policy and the requirements of this

chapter or parts thereof for the municipality as a whole;

b. A sound and adequate plan exists for said redevelopment;

c. The plan affords maximum opportunity for rehabilitation or redevelopment of

the structure by both private enterprise and the city; and

d. The renewal plan provides a maintenance plan for normal repairs and

upkeep of property, including but not limited to building, parking lot and

surfacing, landscaping, signage and elimination of legible impressions,

images, or remnants of signs remaining on a building or sign surface after the

use for which the sign was permitted ceases to operate.

2. The city may enter into a development agreement with the owner of the real

property and undertake activities, including the acquisition, removal or

demolition of structures, improvements or personal property located on the real

property, to prepare the property for redevelopment. A development

agreement entered into in accordance with this section must contain provisions

obligating the owner to redevelop the real property for a specified use

consistent with the provisions of this chapter and offering recourse to the city if

the redevelopment is not completed as determined by the city.

E. Review. The provisions of this section shall be reviewed by the commission in five

years and updated as needed.


11(18.40.180), 7-16-2007; Ord. No. 1761, exh. G(18.40.180), 7-6-2009; Ord. No. 1828, §§ 40, 42, 43, 9-10-2012)

Sec. 38.360.200. - Stable, commercial. (38.22.190)

A. The minimum property size shall be ten acres.

B. Structures or facilities used for stabling, storing, showing or training of animals shall be

set back a minimum of 100 feet from any adjacent privately owned property.

Dwelling units, accessory structures incidental to dwelling units and irrigated

pasturage may occur within the 100-foot setback area subject to the setback

requirements of the applicable zoning district.

C. There shall be at least a 20-foot yard adjacent to any street.

D. There shall be no shows or other activities which would generate more traffic than is

normal to a residential area, unless the proposed site has direct access from an

arterial street as set forth in the city growth policy. Permission for such shows and

activities shall be obtained from the city. Notification shall be provided in a letter

that explains the nature and duration of the activity, and accommodations for

spectators, traffic control and additional parking for cars and trailers. This letter shall

be submitted to the planning department at least one month prior to the date of

the show or activity.



E. All pasture and animal storage areas shall be enclosed with fences or walls of a

minimum of four feet six inches in height. The design of these enclosures shall be

shown on drawings submitted with the conditional use permit application.

F. All laws applicable to the public health and appropriate care of animals must be

complied with for the entire period of operation of the stable.

G. All activity and pasture areas that are not grassed shall be treated for dust control.

H. Adequate parking for daily activities shall be shown on the site plan and improved

to city parking standards. Additional parking shall be provided for shows or other

special events. Amounts and required improvements to temporary parking shall be

determined through a special temporary use permit if such temporary parking was

not shown and approved through the original approval.

Figure 38.360.200. Stable, commercial.


11(18.40.190), 7-16-2007; Ord. No. 1761, exh. G(18.40.190), 7-6-2009; Ord. No. 1828, § 44, 9-10-2012)

Sec. 38.360.210. - Tennis and racquet club. (38.22.200)

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. Perimeter fencing of the site may be required, fencing of outdoor courts shall not

exceed 16 feet in height, and fencing may be required to be opaque by the review

authority.

C. When the club is located within a residential zoning district, there shall be no shows,

tournaments or other activity which would generate more traffic than is normal to a

residential area, unless access is provided from an arterial street as set forth in the

city's long range transportation plan. If access is not provided from an arterial street,

permission for such shows and activities shall be obtained from the city through the

special temporary use process.



D. There shall be a landscaped 50-foot buffer strip adjacent to any residential zoning

district, or as otherwise determined by the ADR or DRB.

E. Hours of operation may be controlled by the review authority.


11(18.40.200), 7-16-2007; Ord. No. 1761, exh. G(18.40.200), 7-6-2009; Ord. No. 1828, § 45, 9-10-2012)

Sec. 38.360.220. - Community center. (38.22.210)

A. Within residential districts, there shall be public street access onto an arterial or

collector standard street within 600 feet of the entrance to a community center site.

B. Community centers located within residential districts shall, when any individual

structure exceeds 5,000 square feet in gross floor area or exceeds the district's

allowed maximum height, provide a 20 foot landscaped yard between the building

and adjacent residential uses. A structure separated from the adjacent residential

uses by a parking lot, public street, watercourse, public open space, or similar

separation is exempt from the additional yard width requirement.

C. Each community center site with more than 40 parking spaces shall provide a

minimum of two ingress/egress points which comply with section 38.400.090.

(Ord. No. 1693, § 12(18.40.200), 2-20-2007; Ord. No. 1709, § 11(18.40.210), 7-16-2007; Ord. No. 1761, exh.

G(18.40.210), 7-6-2009)

Sec. 38.360.230. - Medical marijuana. (38.22.220)

A. Any activity involving medical marijuana must meet all requirements of state law

including, but not limited to, the standards of title 50, chapter 46, Montana Code

Annotated (MCA 50-46-101 et seq.), and limits on possession, clean air, etc., and

any applicable administrative rules established by the state. Should such rules or

laws change, any medical marijuana facility shall immediately begin any required

process to come into compliance with the new rules. This includes submittal for

review of applications to the city as they may relate to zoning, business licensing, or

other municipal programs. Compliance with city zoning regulations does not shield

any person, corporation, or other legal entity from the requirements of, or

enforcement by, other governing entities, or from civil liabilities.

1. Unless specifically exempted, any person or an existing or proposed entity

intending to conduct activities which meet the definitions of "agriculture,"

"manufacturing," "office" or "retail" as established in division 38.700 of this chapter

which is for the purpose of growing, processing, distribution, and/or any other

activity related to medical marijuana shall in addition to this section, comply with

all other provisions of the this Code, and shall not be located within 1,000 linear

feet of the exterior property line of:

a. All schools or facilities owned or operated by Bozeman School District 7

whether located inside or outside the city limits; or

b. All private schools, not including home schools, whether located inside or

outside the city limits, which provide instruction in the class range from

kindergarten to 12th grade and which are either subject to MCA 20-5-109, or

listed as a kindergarten provider by the county superintendent of schools.



c. For purposes of this section, specified distances will be measured in a straight

line, without regard to intervening structures from the property line of a school

as stated in subsections 1a and b of this section, regardless of whether those

schools are located within the jurisdictional limits of the city, to the property

line of the business providing medical marijuana.

2. Any activities meeting the definitions of "agriculture," "manufacturing," "office" or

"retail" as established in article 7 of this chapter which is for the purpose of

growing, processing, distribution, and/or any other activity related to medical

marijuana may not be located in the R-4 residential high density district and the

R-O residential office district when it overlays a residentially oriented growth

policy designation; or within the core area of the B-3 district as defined in section

38.300.120.A.3.

3. The requirements of subsections 1 and 2 of this section do not apply to:

a. An individual registered qualifying patient who possesses marijuana in

accordance with the limits and requirements of title 50, chapter 46, Montana

Code Annotated (MCA 50-46-101 et seq.) solely for that qualifying patient's

own use; or

b. To a caregiver providing care to not more than two qualifying patients who

reside within the same dwelling as the caregiver. The caregiver and qualifying

patients shall maintain appropriate state agency qualification at all times that

medical marijuana is present.

4. Establishing a medical marijuana facility may result in a change in the

designation of building code occupancy type. A change in use or occupancy

type may require physical modifications to the structure which must be

approved by the building division prior to any construction as required by section

38.200.100.

5. Air discharge control. Any medical marijuana growing or processing operation

that contains 24 or more marijuana plants at any one time shall provide a forced

air vent discharge point that is:

a. Located no closer than 30 feet from an adjacent property line or a residence;

or

b. Provides a mechanical filtration system to control discharges of particulates

and odors. The ventilation filtration system shall be designed by a mechanical

engineer licensed to practice in the state such that odors and particulates

may not be detected by unaided human observation at the property

boundary, and noise produced by the system shall be controlled and

minimized.

6. Any person making application for a zoning approval for a medical marijuana

business shall provide evidence of DPHHS approval as a caregiver at the time of

application and shall maintain such DPHHS approval at all times. Failure to

maintain approval immediately suspends zoning approval to operate a medical

marijuana business in the city.



7. These regulations are for review of applications to the city and do not restrict

property owners from establishing more stringent standards for their properties.

(Ord. No. 1786, § 8(18.40.220), 7-26-2010)

Sec. 38.360.240. - Essential services. (38.22.230)

A. In recognition of Section 69-4-201, MCA, city ordinances cannot conflict with the

National Electric Safety Code (NESC).

B. In recognition of Section 69-3-102, MCA, vesting control over fees, charges, and

tariffs for public utilities in the public service commission, the city does not determine

the costs charged to customers for services.

C. Essential services of Types I, II, or III operable prior to September 3, 1991, shall be

considered to have developed under an approved plan, and shall be reviewed

under section 38.230.140, Reuse, change in use or further development of sites

developed prior to the adoption date of the ordinance from which this chapter is

derived.

(Ord. No. 1893, § 13, 8-11-2014)



38.370 Wireless Facilities (Article 29)

Sec. 38.370.010. - Intent, purpose and applicability. (38.29.010)

A. It is the duty of the city to protect the public health, safety and welfare and the city

has the authority to regulate the placement, construction and modification of

wireless facilities in the advancement of that duty.

B. The city commission finds that:

1. The aesthetic character of the city is a matter of substantial economic

importance and general concern to the citizens of the city, as described in the

city's adopted growth policy, and is an important part of the public welfare;

2. Wireless facilities are often visually obtrusive due to their necessary height,

support equipment and interruption of the viewscape, and can have substantial

impacts on the character of the city and its surrounding viewsheds which

negatively affect the character of the city;

3. The impacts of wireless facilities can be reduced by establishing standards for

location, structural integrity, compatibility and collocation;

4. The city desires to promote collocation, use of stealth installations of wireless

facilities and the use of smaller and less intrusive facilities to minimize the need to

construct new large scale wireless facilities in order to reduce visual and other

impacts on the community;

5. The city desires to provide clear and consistent regulations for review of

proposed wireless facilities;

6. The city desires to support the ability of telecommunication service providers to

deliver such services to the community consistent with other community

objectives;

7. The construction of new large scale wireless facilities is the action of last resort to

provide for wireless communication services and should only be undertaken

when other alternatives are not available;

8. It is necessary to determine the locations and circumstances most appropriate

for placement of wireless facilities to serve the community;

9. Consistent with applicable law, the city desires to minimize the adverse visual

impacts of towers and antennas through careful siting, design, landscape

screening and innovative camouflaging screening;

10. The city seeks to protect against potential health and safety hazards to citizens

and prevent damage to adjacent properties;

11. The city intends to exercise its authority with respect to the regulation of the

placement, construction and modification of wireless facilities, to the fullest

extent permitted by applicable law;

12. The city recognizes the need to respond to the policies in the

Telecommunications Act of 1996 and has constructed its regulations in a manner

that does not unreasonably discriminate between providers of functionally



equivalent personal wireless service nor prohibits or has the effect of prohibiting

personal wireless service in the city;

13. The Federal Communication Commission exercises certain sole authority in the

licensing and other regulation of wireless services which the city recognizes;

14. The adequate review of a telecommunications application may require

expertise not typically possessed by city staff which would require the city to

obtain qualified outside expertise to properly evaluate an application; and

15. Outside review would generate additional costs to the public to preserve the

public interest which costs must be mitigated and should properly be mitigated

by those causing such additional costs.

C. General application. All uses listed in this division 38.370 shall be subject to the

specific standards described for each use, in addition to all other applicable

standards which may apply, and are limited to those districts specified. The

provisions of this division 38.370 apply to development and modification of large

scale wireless facilities, micro-scale wireless facilities, nonbroadcast

telecommunication facilities and small scale wireless facilities. These and other terms

are defined in article 7 of this chapter.

1. The provisions of this division 38.370 only apply to facilities which meet the

definition of a wireless facility or that are otherwise specifically brought under the

authority of this division 38.370.

(Ord. No. 1645, § 18.54.010, 8-15-2005)

Sec. 38.370.020. - Special submittal requirements. (38.29.020)

In addition to the materials required by division 38.220 of this chapter for site plans,

conditional use permits, and planned unit developments, the materials required by

section 38.220.170 shall be submitted.

(Ord. No. 1645, § 18.54.020, 8-15-2005)

Sec. 38.370.030. - Uses within districts and required review procedures.

(38.370.030)

A. Purpose. The purpose of this section is to describe the procedures under which

certain uses may be permitted as principal or conditional uses in specific districts.

Unless specifically exempted by this division 38.370, all other standards and

procedures of this chapter shall apply.

1. The Montana Subdivision and Platting Act ( MCA 76-3-101 et seq.) requires

subdivision review when land interests are created by rent or lease. Depending

on how the ownership and use of land for a facility subject to this division 38.370

is established, subdivision review may be required in addition to site plan review.

B. No wireless facility may be permitted except in accordance with the development

review processes indicated in Table 38.370.030 in subsection B.1 of this section,

based on the applicable zoning district and scope of the proposed facility. Principal

uses are indicated with a "P", conditional uses are indicated with a "C", accessory

uses are indicated with an "A", planned unit development is indicated with a "PUD",

and uses which are not permitted with the district are indicated by a "-". All



applications are subject to the review processes, submittal requirements and other

requirements of articles 230, 430 and 220 of this chapter as may be applicable.

1. Review procedures.

Table 38.370.030

Zoning District Large scale Small scale Micro scale Nonbroadcast

PLI P P A P

M-2 P P A P

M-1 P P A P

B-P C P/C1 A P

B-3 C P/C1 A P

B-2 C P/C1 A P

B-1 C P/C1 A P

UMU C P/C1 A P

REMU PUD P/C1 A C

R-O PUD C P C

R-4 PUD C P C

R-3 PUD C P C

R-2 PUD C P -

R-1 PUD C P -

R-S PUD C P C

Note: 1Conditional use review is required when the proposed facility exceeds the height limitation of

the district.

2. Collocation upon a previously approved wireless facility, when such additional

facilities were contemplated as part of the original review, shall be reviewed as a

sketch plan in all zones.

3. A wireless facility may be permitted as an accessory use in any nonresidential

district when:

a. It is for the exclusive use of a single on-site business when the business has

otherwise been approved under division 38.230 or 38.430 of this chapter,

rather than offered to additional parties;

b. It is in compliance with the maximum building height limitations of the zoning

district;

c. Complies with all setback and other zoning requirements; and



d. Has eight or less square feet of total antenna surface area.

4. Installations located within the neighborhood conservation overlay or entryway

corridor overlay districts shall be reviewed against the criteria of division 38.340 of

this chapter as applicable and shall require a certificate of appropriateness

before issuance of a building permit.

5. Prior to submitting an application for a large scale or small scale wireless facility,

the applicant must request in writing a preapplication conference with the

planning department. The purpose of the preapplication conference is to

acquaint the participants with the applicable requirements of this division 38.370,

as well as any preliminary concerns of the department.

6. The applicant's written request for a preapplication conference must include the

following information with regard to the proposed facility:

a. Location;

b. Overall height;

c. Number of antennas proposed, including those of other providers to be

collocated;

d. Type of wireless communication services to be provided; and

e. Coordination of ground equipment shelters.

7. Adequate review of applications may require the city to retain consultants or

other third party assistance to review an application. In such event the applicant

shall reimburse the city for the actual costs incurred prior to issuance of a building

permit.

8. The provisions of division 38.280 of this chapter shall apply for all nonconforming

facilities subject to this division 38.370.

(Ord. No. 1645, § 18.54.030, 8-15-2005; Ord. No. 1802, § 16, 4-11-2011; Ord. No. 1830, § 34, 9-24-2012)

Sec. 38.370.040. - Standards. (38.29.040)

A. Safety. All wireless facilities subject to this division 38.370 shall meet the following

standards:

1. The structural design for all wireless facilities greater than ten feet in height or

which have more than four square feet of total antenna area shall be certified

by a professional structural engineer licensed to practice in the state. A building

permit shall be obtained prior to the installation of any facility subject to this

division 38.370.

2. All wireless facilities shall meet or exceed current standards and regulations of

the FCC, FAA and any other agency with the authority to regulate wireless

facilities. If such standards are changed, the owner shall modify the installation to

comply with the new standards within six months of the effective date of the new

standards or regulations unless a different implementation schedule is required

by the issuing agency.



3. Wireless facilities with a base located at grade shall be enclosed within a secure

fence not less than six feet in height or the tower itself shall be equipped with an

appropriate anti-climbing device.

B. Aesthetics.

1. All wireless facilities.

a. The provisions of section 38.370.040.B may be waived by the review authority

as determined by division 38.220 of this chapter where it has been

demonstrated that the waiver will result in superior compliance with the intent

and purposes of this chapter.

b. All installations shall be as visually unobtrusive as is feasible. Facilities and

equipment mounted on existing structures shall be visually incorporated into

the structure or background by the use of architectural elements, color,

screening or other methods.

c. No lighted signage is permitted.

d. All structures shall be constructed in conformance with the standards of the

city's adopted International Building Code.

e. Visual screening of ground mounted equipment shall be provided in all

residential areas and where a facility is located within a nonresidential area

which is visible, from a viewpoint five feet above grade, from a residential

area. Screening shall provide an opaque screen within 18 months of

establishment and be a minimum of four feet in height. The screening may be

of landscape materials or a fence which otherwise complies with this chapter.

The site shall comply with the landscaping provisions of article 5 of this

chapter.

f. Exterior facade materials and the character of equipment shelters used in

residential areas shall be of materials commonly used in the immediate area.

The architectural design of the exterior of the shelter shall be compatible with

surrounding residential structures. The intent of the requirements of this

subsection B.1.f may be met by providing opaque fencing or other visual

screening compatible with the neighborhood, in compliance with all other

sections of this chapter, which will obscure the entire equipment shelter. The

screening shall be in place prior to the commencement of operations of the

facility.

2. Preferences. In order to justify the construction of a wireless structure, the

applicant must demonstrate that higher ranking alternatives in the following

hierarchy, beginning with subsection 2.a.(1) of this section, do not constitute

feasible alternatives. The order of preference, from most preferred to least

preferred and based on technical feasibility, for new wireless facilities is:

a. Facility size.

(1) Micro-scale wireless facilities or collocation on existing large scale wireless

facilities;

(2) Small scale wireless facilities;



(3) Large scale wireless facilities 50 feet or less in height; and

(4) Large scale wireless facilities in excess of 50 feet in height.

b. A facility meeting the definition of stealth, as defined in section 38.700.170 of

this chapter, is always preferred over a facility of the same scope which does

not meet the definition of stealth. Stealth facilities may be required in historic

districts and other circumstances.

c. As appropriate, the following evidence may also be submitted to

demonstrate compliance with this section:

(1) That no existing wireless communications facility within the search area

meets the applicant's radio frequency engineering or height

requirements;

(2) That no structure within the search area has sufficient structural strength to

support the applicant's proposed antennas; or

(3) That there are other verifiable limiting factors that render collocated or

other more preferred options unsuitable or unreasonable.

d. Self-supporting lattice or guyed structures are generally preferred over

monopoles.

3. Special standards. The following special standards apply as shown in Table

38.370.040:

a. Stealth installation is required;

b. Wireless facilities are exempt from the height limitations of section 38.320.100,

but are subject to the height limitations of section 38.370.040;

c. The height limitation of the district may be exceeded by the least amount

necessary to provide services but only when service may not otherwise be

provided by a less intensive facility or an alternative site; and

d. Only allowed when service may not be provided from an alternative site or a

less intensive installation or set of installations.



Table 38.370.040

Zoning District Large-scale Small-scale Micro-scale Nonbroadcast

PLI b b b -

M-2 b b b -

M-1 b b b -

B-P c a, c b -

B-3 c a, c b -

B-2 c a, c b -

B-1 c a, c b -

UMU c a,c b -

REMU d a, c b -

R-O d a, c a, b -

R-4 d a, c a, b -

R-3 d a, c a, b -

R-2 d a, c a, b -

R-1 d a, c a, b -

R-S d a, c a, b -

4. Stealth.

a. Installations located within the conservation overlay district shall be stealth

facilities.

b. A stealth wireless facility may exceed the height limitations of the district by

ten feet.

5. Small scale wireless facilities. All small scale wireless facilities established in the

neighborhood conservation or entryway corridor overlay districts shall be

installed in such a way as to maintain the historic or architectural character of

the host site. All sites shall maintain the least possible visual obtrusiveness.

6. Large scale wireless facilities. No large scale wireless facility will be permitted

unless the applicant demonstrates that the proposed facility can not be

accommodated on an existing structure or by placement of a smaller facility. In

order to justify the construction of a large-scale wireless facility, the applicant

must demonstrate that higher ranking alternatives in the hierarchy, beginning

with section 38.370.040.B.2.a.(1), do not constitute feasible alternatives. Such

demonstration must be made by submission of a statement of position,



qualifications and experience by a licensed radio frequency engineer and

address the required findings of this section.

a. If collocation is feasible, the owner of the large scale wireless facility shall

certify in writing, prior to final permit approval, that the owner will accept for

collocation any FCC-licensed or licensing exempt wireless communication

provider using compatible technology at reasonable and customary rates

and terms up to the structural capacity to accommodate additional

antennas. Collocation may be denied based on verifiable and substantial

expectations of interference from additional users. Later failure to comply with

the requirements supporting collocation may result in the revocation of city

approvals or other penalties provided by the municipal code as the

requirements of the title will have been violated.

b. The city shall find the proposed guarantee, assurances or provisions for the

perpetual maintenance and for removal of an abandoned large scale

wireless facility to be adequate.

c. A large scale wireless facility shall not either:

(1) Exceed 190 feet in height; or

(2) When located east of the alignment of Church Avenue/Sourdough Road

and west of the extended alignment of Bozeman Trail Road/Arnica Drive;

(a) Exceed 100 feet in height when its base elevation is greater than 4,800;

(b) Exceed 40 feet in height when its base elevation is above 4,850

elevation;

(c) Notwithstanding the provisions of subsections B.6.c.(2)(a) and (b) of

this section, these restrictions shall not apply for those areas lying east

of the extended alignment of Bozeman Trail Road/Arnica Drive and

south of Interstate 90.

d. Where multiple service providers will be utilizing the same ground area and/or

support structure, a single structure shall be provided to house all ground

based equipment.

e. Special setbacks for large scale wireless facilities shall be provided and/or a

design for internal structural collapse to avoid damage or injury to adjoining

property or users shall be provided.

(1) Residential district setbacks for a large scale wireless facility shall be 100

percent of facility height which may be reduced to no less than 50

percent upon the provision and approval of an engineered design,

stamped by a professional structural engineer licensed to practice in the

state, establishing a smaller collapse area.

(2) A large scale wireless facility in nonresidential zones shall provide a

minimum setback from the property lines of 75 percent of facility height

which may be reduced to no less than 30 percent of facility height upon

the provision and approval of an engineered design, stamped by a

professional structural engineer licensed to practice in the state,



establishing a smaller collapse area. Large scale wireless facilities located

within nonresidential zones, but adjacent to a residential zone or

residentially developed areas, shall maintain a minimum setback from

residential zoning or property boundaries of at least 50 percent of facility

height. All installations shall maintain the minimum zoning district setbacks

including special setbacks for entryway corridors.

f. New large scale wireless facilities greater than 50 feet in height shall be

designed in all respects to accommodate both the applicant's antennas and

antennas for at least two other additional users. A new large scale wireless

facility may meet this requirement by correctly sizing the foundation and other

structural elements to allow the future addition of height to the structure to

accommodate additional users rather than immediately constructing the

entire large scale wireless facility. This requirement may be waived by the

governing body upon a showing of fact to overcome the presumption that

multiple transmitters are desirable on the proposed facility.

g. All large scale wireless facilities 50 feet or greater in height, regardless of the

zoning district in which the structure is located, shall be located at least one

mile, measured in a straight line, from any other large scale wireless facility

that is 50 feet or greater in height. An exception to this requirement may be

granted by the approval body when it is found and factually supported in the

written record that the criteria of subsection B.6.i of this section are met and a

critical need exists for the proposed location, or that a closer placement is

desirable to advance the intent of this chapter.

h. A large scale wireless facility greater than 50 feet in height shall only be

approved when the applicant can demonstrate in writing that no existing or

approved micro-scale, small scale or large scale wireless facility within the

required separation distance of the proposed site can accommodate the

applicant's proposed antenna.

i. In addition to the other review criteria of this chapter, affirmative findings for at

least one of the following items must be made in order for the conditions

necessary for approval to exist:

(1) No existing or proposed structures adequate to support the proposed

antennas are located within the geographic area are required to meet

the applicant's engineering and service requirements;

(2) Existing or approved structures are not of sufficient height to meet the

applicant's engineering and service requirements and a combination of

smaller scale facilities will not provide for adequate service delivery;

(3) Existing or approved structures do not have sufficient structural strength to

support the applicant's proposed antenna and related equipment and

can not be reinforced to provide sufficient structural strength;

(4) The applicant's proposed antennas would cause electromagnetic

interference with the antenna on the existing or approved antenna

support structures, or the antenna on the existing or approved antenna



support structures would cause interference with the applicant's proposed

antenna;

(5) Property owners or owners of existing or approved wireless facilities or

locations for smaller scale installations are unwilling to accommodate the

applicant's needs; or

(6) The applicant demonstrates that there are other factual and verifiable

limiting factors that render existing or approved wireless facilities

unsuitable.

j. Height and number of users. A large scale wireless facility may be reviewed as

a multiple phase project and be constructed over time as provided for in

section 38.370.040.B. Prior to the approval of a final site plan, or a building

permit if it be a latter phase of a phased project, an applicant shall provide:

(1) For the first 70 feet of tower height, for an applicant who is not themselves

a wireless service provider, a copy of an executed lease from a wireless

service provider of not less than 12 months duration;

(2) For a height of greater than 70 feet and not more than 110 feet of

structure height, one additional executed lease;

(3) For a height greater than 110 feet, one additional executed lease;

(4) Leases may be redacted to remove proprietary information but shall

identify the parties.

7. Nonbroadcast. A nonbroadcast telecommunication facility located within an

entryway overlay district, the neighborhood conservation overlay district or a

residential zoning district shall be enclosed within a structure. The structure shall

be of materials and architectural character which are compatible with the

adjacent properties. The facility shall comply with all applicable side, front and

rear yard setbacks.



C. Administrative.

1. An inventory of existing sites utilized by the applicant shall be provided. The

inventory shall note the feasibility of accommodating other users. The city may

share this information with other applicants or interested parties to encourage

collocation.

2. The public land and agencies exemption from full compliance with zoning in

MCA 76-2-402 does not apply to private entities utilizing publicly owned lands.

3. Any antennas or antenna support structures that are not utilized for the provision

of wireless services for a continuous period of six months shall be considered

abandoned. All facilities shall be removed within six months of the cessation of

operations. If a facility is not removed within six months the city shall remove the

facility at the facility or landowner's expense. Where multiple users share a

facility, the nonoperational antennas and associated ground-mounted

equipment shall be removed but any common equipment may be retained until

all users have terminated the utilization of the site.

4. Any emergency power supply or other equipment installed at the facility must

comply with section 38.320.130.H.

5. No facilities may be established in residential areas which require employees to

be present on a routine basis, with the exception of periodic maintenance

activities, unless the zone allows offices as a permitted or conditional use and

appropriate review has been completed.

6. Failure to comply with the terms of this chapter shall be grounds for facilities to

be removed by action of the city at the facility or landowner's expense.

7. Any modifications to existing wireless sites may only occur in compliance with the

review procedures required in section 38.370.030.

8. Denial of an application shall be made only after the review body has

determined that specific criteria of this chapter can not be met. Said

determination shall be made in writing and shall include the reasons for the

denial and the evidence which supports those reasons. Public opposition alone is

not sufficient to deny the application.

(Ord. No. 1645, § 18.54.040, 8-15-2005; Ord. No. 1802, § 17, 4-11-2011; Ord. No. 1828, § 88, 9-10-2012; Ord.

No. 1830, § 35, 9-24-2012)



38.380 Affordable Housing - Temporary (Article 43) --- (13) ---

Editor's note—This division 38.380 is temporary. Per Ord. No. 1922, § 4, adopted Dec. 7, 2015, this

division 38.380 terminates only on the occurrence of any of the contingencies provided for in

Ord. No. 1922, § 10.

Part 1: Findings & Purpose

Sec. 38.380.010. - Legislative findings. (38.43.010)

The city commission hereby finds:

A. The Bozeman Community Plan establishes a goal to encourage an adequate

supply of affordable housing and land for affordable housing in Bozeman. A lack

of affordable housing affects the ability of many residents to find housing which is

adequate for their basic housing needs. A lack of adequate housing affects

health, social stability, and other issues which can have negative and

intergenerational effects. To fulfill this goal, the community plan establishes an

objective to promote the development of a variety of housing types, designs,

and costs to meet the wide range of needs of Bozeman residents.

B. The Affordable Housing Action Plan: 2012—2016 (action plan) analyzed housing

needs and existing market conditions and determined housing affordability has

become an acute problem as demonstrated by the number of households

paying over 30 percent of their incomes for housing. A 2015 update to the city's

housing needs analysis (action plan update) concluded that the group of

homebuyers with significant affordability gaps have incomes at or below 80

percent of the area medium income and are in need of subsidies and/or below-

market home prices. The action plan update also determined that buying

opportunities are increasingly scarce for homebuyers with incomes between 60

percent and 100 percent of AMI, and that housing and land prices have

increased faster than incomes for many of Bozeman's residents.

C. Since the adoption of the Bozeman Community Plan and the action plan, the

median sales price of housing has continued to climb. According to the action

plan update, as of the end of November 2014, the median home price was

$287,000.00.

D. The action plan update states that the number of detached homes priced

below $250,000.00, a rough indicator of housing affordability for a family of three

at 100 percent of AMI, has fallen from 48.4 percent of the market in 2012 to just

18.6 percent in 2014.

E. There is a critical shortage of for-sale housing affordable to Bozeman households

with incomes at and below the area median income, as currently calculated by

the U.S. Department of Housing and Urban Development. As a result, some

residents pay excessive amounts of income for housing, reducing the amounts

available for other necessities and a decent and adequate standard of living.



F. Limited housing opportunities within the city requires households to seek housing

outside of the city limits which has a negative impact on transportation

infrastructure by adding unnecessary trips to the network. Increased driving

distance to affordable housing also negatively impacts air and water quality. To

maintain a sufficient resident workforce in all fields of employment, and to ensure

the public safety and general welfare of the residents of the City of Bozeman,

affordable housing needs must be addressed.

G. The city can achieve its goals of promoting the development of more affordable

housing and its goal of achieving an economically balanced community only if

part of the new housing built is affordable to households with low and moderate

incomes.

H. The inclusionary housing regulations codified in this division 38.380 will

substantially advance the city's legitimate interest in assuring that additional

housing is built in the city that is affordable to residents, including low- and

moderate-income households and dispersed throughout the city in order to

encourage economic integration of the city's residents.

I. This division 38.380 is adopted pursuant to the city's self-governing powers and

the city's independent general police power to protect public health, safety,

and welfare. Encouraging the construction of affordable housing within certain

developments is consistent with the community's housing goals of protecting the

public welfare by fostering an adequate supply of housing for persons at all

economic levels and maintaining both economic diversity and geographically

dispersed affordable housing.

J. Providing housing affordable to low and moderate-income households is

reasonably related to the impacts of newly created market-rate housing projects

because:

1. Rising land prices are a key factor in preventing development of new

affordable housing. New market-rate housing construction in Bozeman has

generally created strong and increasing demand for a finite stock of unbuilt

land within the city, and thus continues to drive up the price of remaining

land. New development without affordable units reduces the amount of land

development opportunities available for the construction of affordable

housing.

2. New residents of market-rate housing place demands on services provided by

both public and private sectors, creating a demand for new employees.

Some of these public and private sector employees needed to meet the

needs of the new residents earn incomes only adequate to pay for affordable

housing. Because affordable housing is in short supply in the city, such

employees may be forced to live in less than adequate housing within the

city, pay a disproportionate share of their incomes to live in adequate housing

in the city, or commute ever increasing distances to their jobs from housing

located outside the city. These circumstances harm the city's ability to attain

employment and housing goals articulated in the community plan and place

strains on the city's ability to accept and service new market-rate housing

development.



(Ord. No. 1922, § 2, 12-7-2015)

Sec. 38.380.020. - Purpose. (38.43.020)

The purpose of this division 38.380 is to promote the public health, safety, and welfare

by encouraging the creation of affordable housing for the residents of Bozeman. In

addition, the purpose of this division 38.380 is to promote the dispersal of quality

affordable housing throughout Bozeman's neighborhoods for households of a variety of

income levels including low- and moderate-income residents to meet the goals of the

community plan and the action plan by encouraging a mix of housing types

throughout the city and integrating affordable housing so as to not concentrate

affordable housing in a particular area.

In addition, the article is intended to alleviate the impacts that would result from the use

of available residential land solely for the benefit of households that are able to afford

market-rate housing and to mitigate the service burden imposed by households in new

market-rate residential developments by making additional affordable housing

available for service employees. The article is also intended to mitigate environmental

and other impacts that accompany new residential development by reducing traffic,

transit and related air quality impacts, promoting jobs/housing balance and reducing

the demands placed on transportation infrastructure.

The article provides incentives for housing developers to ensure houses are constructed

and sold in a manner that furthers the city's affordable housing goals.

(Ord. No. 1922, § 2, 12-7-2015)

Part 2: Applicability & Definitions

Sec. 38.380.100. - Applicability. (38.43.030)

This division 38.380 applies to developments seeking to use incentives to develop

affordable housing.

(Ord. No. 1922, § 2, 12-7-2015)

Sec. 38.380.110. - Definitions. (38.43.040)

A. Affordable housing or affordable home. A dwelling for purchase by an owner-

occupant that requires no more than 33 percent of a household's income for

housing payments and meets the definition of a lower-priced home or moderate-

priced home.

B. Area median income or AMI. As calculated by the U.S. Department of Housing and

Urban Development (HUD), AMI is the median income for a family of four within a

specific geographical area, such as Gallatin County. For each such region, HUD

adjusts this AMI calculation for households of different sizes and updates the

calculations annually based on estimated changes in area incomes. For purposes of

this division 38.380, the city hereby adopts HUD's AMI calculations as an equitable

and reasonable method to determine affordability, based on percentages of AMI

specified in this division 38.380.

C. Developer. For purposes of this division 38.380, a developer is the person or legal

entity, or their successor(s) in interest who: (a) submits an affordable housing plan for



a subject property along with other submissions required for land use approvals,

zoning, or permit reviews by the city, and/or (b) is the owner of property subject to

this division 38.380 during the development phase or a successor in title, such as a

builder, obligated to implement an approved affordable housing plan with respect

to one or more lots or parcels of land, and/or (c) receives incentives for the

production of affordable housing.

D. Lower-priced home. Newly created dwelling for purchase, determined by the city in

accordance with this division 38.380 to be affordable to a household with an

income between 65 percent and 80 percent of AMI.

E. Market-rate home. Any dwelling subject to this division 38.380 which is not an

affordable home, including detached dwellings, attached town houses, and

condominium units but not including housing units that are developed for exclusive

use as a rental.

F. Moderate-priced home. Newly created dwelling for purchase, affordable to a

household with an income between 81 percent and 100 percent of AMI.

(Ord. No. 1922, § 2, 12-7-2015)

Part 3: Requirements

Sec. 38.380.200. - Pricing of affordable homes. (38.43.050)

A. The city will calculate on an annual basis the maximum sales price a developer may

charge for each category of affordable home included in a developer's affordable

housing plan as follows:

1. Lower-priced homes. The sales price for lower-priced homes affordable to buyer-

households with incomes from 65 percent to 80 percent of AMI will be calculated

based on a household income of 70 percent of AMI.

2. Moderate-priced homes. The sales price for moderate-priced homes affordable

to buyer-households with incomes from 81 percent to 100 percent of AMI will be

calculated based on a household income of 90 percent of AMI.

B. Affordable home sales price schedule.

1. The city will annually publish a schedule of sales prices for low-priced homes and

moderate-priced homes within 30 calendar days of the HUD's annual publication

of updated AMI calculations. The sales price schedule will be effective on the

date of publication by the city. The new sales price schedule will apply to

applications for building permits received after the effective date of the new

sales price schedule. A developer may request that a new sales price schedule

apply to the sale of an affordable home approved under a previous sales price

schedule.

2. The city, at the city's sole discretion, may recalculate the sales price schedule if

prevailing mortgage interest rates have adjusted by 50 basis points or more over

the assumption used for the previous schedule.



3. Considerations. The following factors will be considered by the city in calculating

the sales price schedule. The director of community development may make de

minimis exceptions to application of these factors:

a. AMI for the Bozeman area;

b. Gross monthly income will be calculated as the appropriate HUD AMI

calculations income divided by 12;

c. The maximum monthly payment will be 33 percent of gross monthly income.

The maximum monthly payment will include costs directly applicable to a

mortgage such as payment of principal, interest, as well as assumptions for

typical costs of taxes, public assessments, property insurance premiums,

mortgage insurance premiums (assuming the higher of either government or

private mortgage insurance), and homeowner/condominium association

fees;

d. The interest rate will be determined by the city by a survey of at least three

local mortgage lenders, averaging their current rates for loans for homes with

price ranges within the low-priced homes range and the moderate-priced

homes range;

e. The financing will be a conventional or government-insured fixed-rate loan

within 100 basis points of prevailing interest rates with a term of 30 years or less;

and

f. A borrower will provide a down payment of $1,000.00.

C. Household occupancy assumptions. To determine the maximum sales prices of

affordable homes with different numbers of bedrooms, the city will base its

calculation on the AMIs for households of different sizes, as follows:

1. Zero bedroom or studio unit: AMI for a one-person household;

2. One bedroom unit: AMI for a two-person household;

3. Two bedroom unit: AMI for a two-person household; and

4. Three bedroom unit or larger: AMI for a four-person household.

(Ord. No. 1922, § 2, 12-7-2015)



Sec. 38.380.210. - Timing of delivery of affordable homes. (38.43.060)

Affordable homes included in an approved affordable housing plan must be provided

in accordance with the following:

A. In each development in which more than one affordable home is proposed to be

sold, the affordable housing plan shall specify that affordable homes are to be sold

concurrently and in proportion to the sale of unimproved lots or market-rate homes.

Such timing will be represented in an affordable homes pricing and delivery

schedule as described in section 38.43.080, as outlined in an approved affordable

housing plan.

B. A developer may sell affordable homes earlier than required in an affordable

housing plan.

(Ord. No. 1922, § 2, 12-7-2015)

Sec. 38.380.220. - Minimum design and construction standards for affordable

homes. (38.43.070)

A. Required numbers of bedrooms in affordable homes. In each development subject

to the requirements of an approved affordable housing plan, affordable homes

shall represent a mix of bedrooms per unit as similar as possible (given rounding of

numbers) to the mix of bedrooms per unit of the market-rate homes in the

development.

B. Standards for design and construction. The city shall define reasonable standards for

the design and construction of affordable homes to ensure livability and

compatibility with nearby market-rate homes in the development. Affordable

homes may have different interior finishes and features than other dwellings within

the development, as long as the finishes and features are functionally equivalent

and of good quality. Finishes include, but are not limited to, design and materials,

the provision of appliances, cabinets, and floor treatment. Features include, but are

not limited to, the numbers of bathrooms, garages and parking areas, mechanical

equipment and hookups, and green building features.

C. Amenities. Affordable homes shall have the same amenities as the market-rate

homes in the development, including the same access to and enjoyment of

common open space and facilities in the development.

(Ord. No. 1922, § 2, 12-7-2015)

Sec. 38.380.230. - Submission of affordable housing plan; approval. (38.43.080)

A. Affordable housing plan. The applicant for any development seeking to utilize the

incentives to create affordable housing must submit an affordable housing plan in a

form provided by or approved by the city that describes how the provisions of this

division 38.380 will be satisfied. When approved by the city, the affordable housing

plan must be incorporated by reference in the recorded subdivision plat, site plan or

annexation agreement.

B. Affordable housing plan as binding agreement. An affordable housing plan

approved by the city will be considered a binding contract between the developer

and the developer's successors in interest to the lot or dwelling. Such plan will be



included in a separate recorded written agreement between the developer and

the city, or incorporated into another recorded document wherein the developer is

required to implement the affordable housing plan.

C. Contents of affordable housing plan. The affordable housing plan submitted by the

developer must include, at a minimum:

1. Number of affordable homes proposed in each affordable home category;

2. The minimum number of bedrooms in each affordable home;

3. Number of market-rate homes in the development;

4. The anticipated or estimated number of bedrooms in each market-rate home;

5. Location of affordable homes in the development (lots in the plat or units within

a site plan);

6. Timing of delivery of the affordable homes in relation to the market-rate homes in

the development;

7. Marketing plan describing how affordable homes will be offered to the public;

8. Plan for construction of affordable homes in phased developments. It is

anticipated that in developments being built in phases, the number of market-

rate homes may not be certain at the time the developer submits the affordable

housing plan. In such cases, the developer must estimate the number of market-

rate homes and number of affordable homes for each phase. If the number of

homes in the first phase of such development is certain at the time of the city's

approval of the affordable housing plan, a separate affordable homes pricing

and delivery schedule for that phase shall be incorporated in the affordable

housing plan at the time of development or construction of each subsequent

phase. As the number of homes in future phases becomes certain, the

affordable housing plan shall provide for subsequent affordable homes pricing

and delivery schedules for future phases of the development, consistent with the

affordable housing plan; and

9. Any other information that is reasonably necessary to evaluate the compliance

of the affordable housing plan with the requirements of this division 38.380.

D. Pricing and delivery schedules in affordable housing plans. The affordable homes

pricing and delivery schedule shall be in the form of a chart that contains the

numbers of required affordable homes by bedroom count and affordable home

category, and shall indicate the current affordable home prices as calculated by

the city.

E. Approval of affordable housing plan. The affordable housing plan will be reviewed

as part of the initial application approval process for the type of development

proposed. A condition shall be attached to the approval of any subdivision plat or

site plan to require recordation of the affordable housing plan or other separate

agreement obligating the developer to meet the requirements of this division 38.380.

(Ord. No. 1922, § 2, 12-7-2015)



Sec. 38.380.240. - Marketing, sales and occupancy of affordable homes.

(38.43.090)

Developers subject to this division 38.380 shall market and sell affordable homes in

accordance with provisions described in the city's published instructions for preparing

affordable housing plans. These provisions will address factors such as waiting list

management, marketing materials, the city's and the developer's respective

responsibilities for marketing affordable homes and finding qualified buyers, actions to

be taken in the event of inability to identify qualified buyers, procedures for certification

of buyer eligibility, purchase contracts, and full disclosures to buyers of their obligations

and rights under this division 38.380. If after 120 calendar days of marketing efforts on

the part of the developer of an affordable home in compliance with the city's

published instructions the developer has not executed a purchase contract with a

qualified buyer, the developer may enter into a purchase contract with a buyer at a

sales price that shall not be subject to the maximum sales prices established pursuant to

section 38.380.070. In such a case, upon closing of the sale the developer must pay the

city the difference between the sales price and the price of the affordable home as set

out in the approved affordable housing plan in accordance with section 38.380.150.B.

(Ord. No. 1922, § 2, 12-7-2015)

Sec. 38.380.250. - Recording requirements upon sale of affordable home.

(38.43.100)

The developer, or the city or its agent, if the city is involved in the sale of an affordable

home, shall cause to be recorded in the offices of the Gallatin County Clerk and

Recorder, simultaneously with the recording of the deed of conveyance, a restrictive

covenant, deed of trust or other legal instrument, approved as to form by the Bozeman

City Attorney that fulfills the resale and recapture requirements described in section

38.380.130.

(Ord. No. 1922, § 2, 12-7-2015)

Part 4: Incentives

Sec. 38.380.300. - Incentives available for affordable housing. (38.43.110)

Developers may apply for incentives in conjunction with a development application by

submitting an affordable housing plan pursuant to section 38.380.080.

Incentives Description

Lower-

priced

homes

Moderate-

priced

homes

70%

AMI

80%

AMI 90% AMI

Impact fee

subsidy

Full or partial subsidization of impact fees, paid from municipal

funds if such funds are available; such subsidization must be

secured with a lien instrument due upon sale, transfer or non-

rate/term refinance of the home.

X X

Down Subject to the availability of funds, the city will provide on a first- X X



payment

assistance come first-served basis, down payment assistance not to

exceed $10,000.00 per home benefiting households. Down-

payment assistance will only be provided directly to the

qualifying homebuyer. This assistance shall be secured with a

lien instrument due upon sale, transfer or non-rate/term

refinance of the home.

Waiver of

subdivision

pre-

application

Waive pre-application for subdivision when ten percent of units

are designated for lower price homes. X X

Reduction of

parkland1

Allow a 1:1 square foot reduction in the amount of parkland

dedication required per square foot of lot size for lower homes.

If a developer provides more than the required number of lower

priced homes, the lot area square footage of the additional

lower priced homes shall not further reduce the required

parkland dedication.

X

Reduced

minimum lot

sizes

Per the provisions in this chapter, affordable homes may utilize

reduced setback requirements and reduced sized lots. The

reduction in lot size shall be allowed to create an increase in

maximum unit density beyond the maximum currently allowed

in a given zoning district.

X X X

Concurrent

infrastructure

housing

construction

Concurrent construction of infrastructure and housing

development at the installation of gravel-base roads, provided

the developer has provided assurance through a performance

bond, letter of credit or other financial security acceptable to

the city attorney ensuring the completion of infrastructure.

X X

Expedited

review for

affordable

housing 1+1

Detached homes and attached homes in groups of less than six

units will receive expedited (three business day) building permit

review for affordable housing. For each building permit for an

affordable home, a market rate unit will receive the same

expedited review.

X X X

Reduced

parking

requirements

Reduced parking requirement of two spaces per three-

bedroom dwelling. X X

1 This incentive is available only until the city has approved affordable housing plan(s) that include the

number of lower-priced homes at 70 percent AMI as established by commission resolution. In addition, a

developer seeking to use this incentive may only do so if the affordable homes at 70 percent AMI

constitute no more than ten percent of the total units in a development or the unit is to be constructed on

a single lot wherein the parkland dedication requirement has not previously been provided.

(Ord. No. 1922, § 2, 12-7-2015)

Part 5: Buyer Qualification & Subsidy Recapture

Sec. 38.380.400. - Qualification of buyers of affordable homes. (38.43.120)

A. Lower-priced homes. To qualify for purchase of a lower-priced home, a buyer must

meet the following criteria:

1. A household income in the 65 percent—80 percent AMI range, as verified and

certified by the city; such certification must have been provided no more than

one year prior to the closing date of the purchase. Income verification will be



performed using HUD's online income certification tool or a similar method that

meets Code of Federal Regulations (CFR) 24 Part 5, as amended, which adjusts

gross incomes based on extraordinary expenses and imputation of assets to

income.

2. Maximum assets of $25,000.00. Assets will be determined using 24 CFR Part 5.603,

as amended.

3. The household occupying the lower-priced home must meet the definition of

"household" in section 38.700.090.

4. The buyer must meet one of the following definitions of "first-time homebuyer":

a. An individual who has had no ownership interest in a principal residence

during the three-year period ending with the date of purchase; or

b. A single parent whose only prior home was owned with a former spouse while

married; or

c. An individual who is a displaced homemaker and has only owned with a

spouse; or

d. An individual who has only owned a principal residence not permanently

affixed to a permanent foundation in accordance with applicable

regulations; or

e. An individual who has only owned a property that was not in compliance with

state, local or model building codes and which cannot be brought into

compliance for less than the cost of construction a permanent structure.

5. The buyer must contribute at least $1,000.00 towards the purchase of the home

unless waived in writing by the city because of extraordinary circumstances, such

as death of primary or secondary income earner or qualification as displaced

homemaker.

6. The buyer must utilize conventional or government-insured fixed-rate first-

mortgage financing with a term of 15 to 30 years.

7. The household in a lower-priced home must occupy the home as its primary

residence. Lower-priced homes may not be rented to another party, since the

intent of the program is to provide these homes only for income-qualified owner

occupants, with the exception of rentals for a limited period of time necessitated

by a family hardship or a temporary move for one year or less, if approved in

advance by the city.

B. Moderate-priced homes. To purchase a moderate-priced home, a buyer must

occupy the home as a primary residence. The developer must provide evidence

satisfactory to the city verifying the initial owner will use the home as their primary

residence at time of sale.

(Ord. No. 1922, § 2, 12-7-2015)



Sec. 38.380.410. - Subsidy recapture for lower-priced homes. (38.43.130)

To ensure that the community investment in affordable housing is perpetuated and that

beneficiaries of affordable housing programs do not receive a windfall financial

benefit, the city requires repayment of subsidies as follows:

A. Requirement for repayment of cash subsidy. The buyer of a lower-priced home

that received cash support in the form of funds from the affordable housing fund

or other funding through the city, including but not limited to down payment

assistance, impact fee payment, or other funding shall be required to repay the

subsidy, at zero percent interest, when the dwelling or property is sold,

transferred, refinanced or when the initial buyer who qualified for the subsidy has

failed to abide by the requirements of this division 38.380. The subsidy will be

recorded as a lien against the property at the Gallatin County Clerk and

Recorders office.

B. Requirement for repayment of non-cash subsidy. Because most or all lower-

priced homes will be sold at a discount from market value, defined as the

difference between the appraised value and the maximum allowed price of a

lower-priced home at the time of the initial sale to a qualified buyer, the city

commission finds that it gives a subsidy with cash value to the initial buyer which

may be recaptured under certain circumstances. Therefore, upon resale or

transfer of a lower-priced home, the city aims to further its housing affordability

goals by recapturing the principal amount of the subsidy by use of a lien in favor

of the city in that amount, which will be due and payable to the city, at zero

percent interest, when the home is sold or transferred or when the initial buyer

who qualified for the affordable home has failed to abide by the terms of this

division 38.380. The appraisal used to calculate the amount of subsidy may be

the appraisal obtained by the buyer's mortgage lender or, if that is not available,

a professional appraisal provided by the purchaser.

C. Use of repayments to the city. The city shall only use repayments of the lien

amounts to fund:

1. Down payment assistance for buyers of new or existing homes in Bozeman

with household incomes at or below 80 percent of AMI;

2. Affordable rental opportunities for residents of Bozeman with incomes at or

below 60 percent of AMI; or

3. Any other use approved by the city commission that increases affordable

homeownership opportunities for residents of Bozeman with income at or

below 80 percent of AMI.

(Ord. No. 1922, § 2, 12-7-2015)

Part 6: Administration & Enforcement

Sec. 38.380.500. - Administration. (38.43.140)

A. Director of community development authority. The director of community

development or designee shall have authority to promulgate and enforce all



reasonable rules and regulations and take all actions necessary to the effective

operation and enforcement of this division 38.380, unless such authority is expressly

reserved to the city commission or another city official, including but not limited to:

1. Reviewing a developers' affordable housing plan for compliance with this

division 38.380;

2. Adopting all forms and prescribing the information to be given therein;

3. Monitoring developers' compliance with their approved affordable housing plan,

notifying the developer of noncompliance, and ordering compliance;

4. Imposing any and all sanctions permitted by this division 38.380; and

5. Calculating the annual pricing targets for affordable homes and causing a sales

price schedule to be published. The director of community development may

make de minimis exceptions to the factors considered in calculating the price

targets.

B. Administrative manual. The city will publish administrative rules and instructions

approved by the city commission, including but not limited to instructions for

completing the affordable housing plan, valuations required by this division 38.380,

and the distribution of the required number of affordable homes between the two

affordable home categories and required number of bedrooms. Such distribution by

affordable home category shall be based primarily upon an assessment by the city

of housing needs among the income groups corresponding to each affordable

home category, but shall take into account the economic impact on developments

subject to the requirements of this division 38.380.

C. Verification of sales prices and income certification prior to closing. The city

manager may create standards for documentation the city will use to verify the sale

price of a home created pursuant to this division 38.380. For the initial sale of an

affordable home, the seller must provide the city with a copy of the HUD-1 form

prepared by an attorney or title company indicating the sales price. The final sales

price on the HUD-1 form may not exceed the maximum price for a specific

affordable home as described in the current price schedule pursuant to section

38.380.050 plus an allowed maximum of $3,000.00 in buyer selected upgrades, if

allowed by the first mortgage lender underwriters. In addition, the city shall require

certification satisfactory to the city of homebuyer income qualification.

D. Monitoring completed sales. Upon receipt of a settlement statement for an

affordable home, the city will determine if the completed affordable home sale

complies with the approved affordable housing plan and the requirements of this

division 38.380, and if not, respond to the noncompliance as provided in section

38.380.150.

(Ord. No. 1922, § 2, 12-7-2015)

Sec. 38.380.510. - Noncompliance; sanctions. (38.43.150)

A. Discovery of noncompliance. If the city determines a developer subject to an

affordable housing plan has failed to comply with any terms or conditions of the

affordable housing plan or this division 38.380, the director of community

development or authorized agent shall notify the developer of the noncompliance



in writing and order compliance by the most reasonable and expeditious means as

determined by the city. Notification shall describe a date certain by which the

developer must be in full compliance (which may not be less than one week or

more than one year from the date of the notice), and shall describe: (i) the exact

nature of the noncompliance; and (ii) the possible sanctions for noncompliance

with this notification.

B. Cancellation of incentives provided. If a developer sells a home for a price not in

compliance with the approved affordable housing plan or any other recorded

documentation obligating developer to comply with this division 38.380, the

developer must, prior to the release by the city of the dwelling from the affordable

housing plan or binding agreement, pay the city the difference between the sales

price and the price of the affordable home as set out in the approved affordable

housing plan.

C. Sanctions for noncompliance. In addition to other remedies available to the city

pursuant to this division 38.380, if on a date certain by which compliance has been

ordered by the director of community development or authorized agent, the

developer remains in noncompliance, the director of community development or

authorized agent shall notify the city attorney of the noncompliance and request

that sanctions be imposed. The city shall have the authority to impose one or more

sanctions including but not limited to the following which the city deems most

effective and appropriate considering the nature of the noncompliance:

1. Withholding or revoking building permits;

2. Issuing stop-work orders; and/or

3. Withholding certificates of occupancy.

(Ord. No. 1922, § 2, 12-7-2015)

article 3. zoning districts land uses

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