ARTICLE 3. ZONING DISTRICTS & LAND USES

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1 ARTICLE 3. ZONING DISTRICTS & LAND USES Zones, Maps & Designations (Article 7) FOOTNOTE(S): --- (6) --- State Law reference Municipal zoning, MCA et seq. Part 1: Zoning Districts & Zoning Map Sec Use districts designated, zoning map adopted. ( ) 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 RMH Residential-Office District 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 PLI Business Park District Public Lands and Institutions District

2 NEHMU NC EO CO REMU Northeast Historic Mixed-Use District Neighborhood Conservation Overlay District Entryway Corridor Overlay District Casino Overlay District 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 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, , ; Ord. No. 1681, 1, ; Ord. No. 1769, exh. D( ), ; Ord. No. 1802, 1, ) Sec Official map availability, certification and authority; changes. ( ) A. The official maps shall be available in the planning department and shall bear a certificate with the signature of the mayor attested by the 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, , ; Ord. No. 1769, exh. D( ), ) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 170

3 Sec Official map replacement conditions. ( ) A. In the event that the official zoning maps become damaged, destroyed, lost or difficult to interpret because of the nature or number of changes or additions thereto, the city commission may adopt and certify new official zoning maps which shall supersede the prior official zoning maps. The new official zoning maps may correct drafting or other errors or omissions in the prior map, but no such corrections shall have the effect of amending the original official zoning maps or any subsequent amendment thereof. B. If any changes to the map are made by amendment of this chapter in accordance with division 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, , ; Ord. No. 1769, exh. D( ), ) Sec Boundary interpretation guidelines. ( ) A. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the boundaries shall be interpreted as following the nearest logical line to that shown: 1. Boundaries indicated as approximately following the centerline of streets, highways or 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 171

4 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, , ; Ord. No. 1769, exh. D( ), ; Ord. No. 1828, 10, ) Sec Zoning of annexed territory. ( ) 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 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, , ; Ord. No. 1769, exh. D( ), ) Part 2: Zoning District Intent & Purpose Statements Sec Residential zoning districts - intent and purpose. ( ) 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 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 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 of this chapter, pertaining to planned unit BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 172

5 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 173

6 consistent with the standards for other forms of residential development permitted by this chapter. (Ord. No. 1645, , ; Ord. No. 1693, 4( ), ; Ord. No. 1709, 2( ), ; Ord. No. 1761, exh. A( ), ; Ord. No. 1769, exh. E( ), ) Sec Residential emphasis mixed-use zoning district - intent and purpose. ( ) 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 applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. All development is subject to section 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; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 174

7 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 multistory housing, commercial and retail development; dd. Provide transitions between high-traffic streets and adjacent residential neighborhoods and Sustainability: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 175

8 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, ) Sec Commercial zoning districts - intent and purpose. ( ) 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 applicable conditions of approval have been satisfied. Additional requirements for 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 176

9 (Ord. No. 1645, , ; Ord. No. 1693, 5( ), ; Ord. No. 1709, 3( ), ; Ord. No. 1761, exh. B( ), ) Sec Urban mixed-use zoning district - intent and purpose. ( ) 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; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 177

10 k. Provide appropriate locations and design standards for automobile and truckdependent 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( ), ; Ord. No. 1709, 4( ), ) Sec Industrial zoning districts - intent and purpose. ( ) 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 applicable conditions of approval have been satisfied. Additional requirements for 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 178

11 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. (Ord. No. 1645, , ; Ord. No. 1693, 6( ), ; Ord. No. 1709, 5( ), ; Ord. No. 1761, exh. C( ), ) Sec Public lands and institutions district - intent. ( ) The intent of the PLI public lands and institutions district is to provide for major public and quasi-public uses outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another district, however larger areas will be designated PLI. (Ord. No. 1645, , ; Ord. No. 1693, 7( ), ) Sec Northeast historic mixed-use district - intent and purpose. ( ) 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 shall be interpreted to be discouraging or prejudicial to any listed use except as set forth as principal and conditional uses. (Ord. No. 1645, , ; Ord. No. 1693, 8( ), ; Ord. No. 1709, 6( ), ) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 179

12 Permitted Uses (related portions of Articles 8-14) Sec Interpretation of land use tables. ( and new) A. Uses in the various districts are depicted in Tables 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 to 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 D. Clarification of permitted uses and special conditions: 1. If a * appears after the use, then the use is defined in article 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., P 2, 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 Classification of particular uses; planning director and city commission authority. ( ) A. The planning director shall determine the appropriate classification of a particular use. In making this determination, the planning director shall find: 1. That the use is the same as one or more uses permitted in the district wherein it is proposed to be located; or 2. That the use is so similar to one or more uses permitted in the district wherein it is 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; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 180

13 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, , ; Ord. No. 1769, exh. D( ), ) Sec Authorized uses - residential zoning districts. ( ) Table Authorized Uses Table of Residential Uses R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Accessory dwelling units*( ) 6 C 7 C 7 P P P P P Agricultural uses* on 2.5 acres or more 1 P Agricultural uses* on less than 2.5 acres 1 C Apartments/apartment building* P P P Bed and breakfast* C C C C P P P Commercial stable ( ) C Community centers* C C C C C C P C Community residential facilities* with eight or fewer residents Community residential facilities* serving nine or more residents P P P P P P P P 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 181

14 Authorized Uses Table of Residential 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( )* P P P P P P P P Guesthouses* A A A A A A A Home-based businesses ( ) * A/C A/C A/C A/C A/C A/C A/C A/C Lodging houses* C P P P Offices* C 2 C 2 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/C 3 Public and private parks P P P P P P P P Manufactured homes on permanent foundations ( )* Manufactured home communities ( )* P P P P P P P P P Medical offices, clinics, and centers* C C 2 P Recreational vehicle parks ( )* C P Restaurant P 9 Retail P 9 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 182

15 Authorized Uses Table of Residential 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) P 5 P 5 P P P P P P 5 Townhouses* (five attached units or less) P 4 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 of this chapter C C C C C C C C Veterinary uses C BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 183

16 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 , Affordable Housing. May only be utilized in developments subject to division Not permitted on reduced size lots for work force housing as described in division 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, 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, , ; Ord. No. 1693, 4( ), ; Ord. No. 1709, 2( ), ; Ord. No. 1761, exh. A ( ), ; Ord. No. 1769, exh. E( ), ; Ord. No. 1828, 9, ; Ord. No. 1838, 1, 2, ; Ord. No. 1830, 6, ; Ord. No. 1893, 5, ) Sec Authorized uses commercial, mixed-use, industrial and historical zoning districts. Table Zoning districts Commercial Mixed Use Industrial Table of Uses B-1 B-2 B-2M B-3 UMU ( ) REMU ( ) NEHM U 1 BP M-1 M-2 PLI General Sales Automobile, boat or recreational vehicle sales, service and/or rental Automobile fuel sales or P - p P - C C C C C C P - p P - BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 184

17 Zoning districts Commercial Mixed Use Industrial Table of Uses B-1 B-2 B-2M B-3 UMU ( ) REMU ( ) NEHM U 1 BP M-1 M-2 PLI repair ( )* Building materials Convenience uses except for automobile fuel sales (as listed above) ( )* P - P P - C P P C C P Convenience use restaurant* P P P P P P 2 5,000sf Restaurants* P 4 P P P P P P 1,500sf - P 3 P 3 - Retail* P 5 P 5 P 5 P 5 P P 5,6 25,000sf A 7 C 8 A 7 A 7 C 8 A 7 C 8 - Retail, large scale ( )* Sales of alcohol for onpremise consumption ( ) - P 5 P 5 - C C 9 C 9 C 9 C 9 C 10 C 10 C - C 11 C 11 - Personal & General Service Ambulance service - P P P P - P - P P P Animal shelters C - C C - Automobile washing establishment ( )* Banks and other financial institutions C P P C C C P - P P - P P P P P P P C P C - Daycare Family, group, or center* P P P P - P C A C A 12 C A 12 C A 12 C BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 185

18 Zoning districts Commercial Mixed Use Industrial Table of Uses B-1 B-2 B-2M B-3 UMU ( ) REMU ( ) NEHM U 1 BP M-1 M-2 PLI Health and exercise establishments * P 13 C p p P P P P C P P - Hospitals* - P P C P C - P Laundry service center Light goods repair* - C C C P P C C A P P P - P P - Medical and dental offices, clinics and centers* P 13 C P P P P P P P P P - Mortuary - C C C C Offices* P 13 C P P P 13 P P P P 14 P P - Personal and convenience services* Personnel service facilities providing services, education, food and convenience goods primarily for those personnel employed in the principal use* Pet grooming shop Truck repair, washing, and fueling services Upholstry shops P P P P P P A A A A - P P P P P P C - C P - - P P P 13 P BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 186

19 Zoning districts Commercial Mixed Use Industrial Table of Uses B-1 B-2 B-2M B-3 UMU ( ) REMU ( ) NEHM U 1 BP M-1 M-2 PLI (excluding onsite 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* Frozen food storage and locker rental Junk salvage or automobile reduction/salv age yards - C C P - P P - - p p C - Laboratories, research and diagnostic - P P P 14 P P 10,000sf P P P P - Manufacturing, artisan* P P P P 15 P P 5,000sf P P P P - Manufacturing (light)* - C C C 13 P 18 P 16 5,000sf P P 16 P 16 P - Manufacturing (industrial) * P - Outside storage P A A 17 P A 17 P A 17 - Printing offices and publishing establishments C C P 5,000sf Refuse and A A A A A A A A A A - BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 187

20 Zoning districts Commercial Mixed Use Industrial Table of Uses B-1 B-2 B-2M B-3 UMU ( ) REMU ( ) NEHM U 1 BP M-1 M-2 PLI recycling containers Research laboratories Sign paint shops (not including neon sign fabrication) 27 Technology research establishments P P P C C - A A A A P p p p - Warehousing* P - P P - Warehousing, residential storage (mini warehousing) ( )* 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 ( ) - P P Apartments and P P 13 C P 19 P 13 P P BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 188

21 Zoning districts Commercial Mixed Use Industrial Table of Uses B-1 B-2 B-2M B-3 UMU ( ) REMU ( ) NEHM U 1 BP M-1 M-2 PLI 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* Cooperative household* - C C - P P P C Extended-stay lodgings - P P P P P 40,000sf C Fraternity, sorority or lodge Group living ( )* Home-based businesses ( )* P P P 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* Private club, fraternity, sorority or lodge Residential use which is clearly accessory to the operation of a permitted - C C 19 C 13 P P p p P P A 20, 21 - A 20, 21 A 20, 21 - BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 189

22 Zoning districts Commercial Mixed Use Industrial Table of Uses B-1 B-2 B-2M B-3 UMU ( ) REMU ( ) NEHM U 1 BP M-1 M-2 PLI principal or conditional use Single household dwelling Three- or fourhousehold dwelling P P P Townhouses* P 22 C 22 P 13,22 C 22 P 13,19 C 22 P 13,22 C 22 - P 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 ( )* Essential services Type I ( ) Essential services Type II ( ) P A A A A A A A A A A A P P P P P P P P P P P Essential services Type III ( ) 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 190

23 Zoning districts Commercial Mixed Use Industrial Table of Uses B-1 B-2 B-2M B-3 UMU ( ) REMU ( ) NEHM U 1 BP M-1 M-2 PLI Production manufacturing and generation facilities (electric and gas) Public and non-profit, quasi-public institutions, e.g. universities, elementary junior and senior high schools and hospitals Public buildings* Publicly owned community centers* Publicly owned land used for parks, playgrounds and open space Solid waste transfer station Solid waste landfill and transfer facilities C P p p p P P P P p p P P P P C C Trade schools P - P P - Truck, bus and rail terminal facilities P - P P - Recreational, cultural & entertainment Adult business P - P P - BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 191

24 Zoning districts Commercial Mixed Use Industrial Table of Uses B-1 B-2 B-2M B-3 UMU ( ) REMU ( ) NEHM U 1 BP M-1 M-2 PLI ( )* C Amusement and recreational facilities P - P C - Arts and entertainment center* P P P P P P 12,000sf Community centers ( )* 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 P 13 A P A P A P A P A P A P A A Other buildings and structures (typically accessory to permitted uses) Temporary buildings and yards incidental to ongoing construction work Any use, except adult businesses and casinos, approved as part of a A A A A A A A A A A A A A A A - C C C C C C C C 25 C 25 C 25 - BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 192

25 Zoning districts Commercial Mixed Use Industrial Table of Uses B-1 B-2 B-2M B-3 UMU ( ) REMU ( ) NEHM U 1 BP M-1 M-2 PLI planned unit development subject to the provisions of division 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 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 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 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 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 193

26 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 of this chapter. 14. Professional and business offices only. 15. For uses in the downtown core as described in 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 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 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 or more attached units 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 of this chapter. Sec Supplemental use provisions for the residential emphasis mixed-use zoning district. ( ) 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 194

27 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 , 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 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, ; Ord. No. 1828, 10, ; Ord. No. 1838, 3, ; Ord. No. 1874, 5, ; Ord. No. 1893, 6, ) Sec 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 195

28 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 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( ), ; Ord. No. 1709, 4( ), ; Ord. No. 1838, 4, ; Ord. No. 1874, 6, ; Ord. No. 1877, 1, ; Ord. No. 1893, 8, ) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 196

29 Form & Intensity Standards (related portions of Articles 8-14) Sec 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 provide clarification and exceptions to the form and intensity standards herein. Sec Form & intensity standards residential districts. (38.08) A. Lot area and width: ( ) 1. All lots shall have a minimum area as set forth in Table 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 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 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 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 E.2.b(6). (Ord. No. 1645, , ; Ord. No. 1693, 4( ), ; Ord. No. 1709, 2( ), ; Ord. No. 1761, exh. A ( ), ; Ord. No. 1769, exh. E( ), ; Ord. No. 1830, 8, ) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 197

30 B. Minimum density. New residential development shall provide a minimum net density as set forth in Table 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. ( ) (Ord. No. 1769, exh. E( ), ; Ord. No. 1830, 9, ) Editor's note Ord. No. 1830, 9, adopted Sept. 24, 2012, repealed and renumbered as as set out herein. The former pertained to additional RMH district performance standards and derived from Ord. No. 1645, , adopted Aug. 15, 2005; Ord. No. 1693, 4( ), adopted Feb. 20, 2007; Ord. No. 1709, 2( ), adopted July 16, 2007; Ord. No. 1761, exh. A ( ), adopted July 6, 2009; and Ord. No. 1769, exh. E( ), adopted Dec. 28, C. Lot coverage and floor area: ( ) 1. Maximum lot coverage by principal and accessory buildings shall be as set forth in Table 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, ), (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, , ; Ord. No. 1693, 4( ), Ord. No. 1709, 2( ), ; Ord. No. 1761, exh. A ( ), ; Ord. No. 1769, exh. E( ), ; Ord. No. 1830, 7, ) D. Maximum building height for each residential district shall be as as set forth in Table below. ( ) (Ord. No. 1645, , ; Ord. No. 1693, 4( ), ; Ord. No. 1709, 2( ), ; Ord. No. 1761, exh. A ( ), ; Ord. No. 1769, exh. E( ), ) E. Minimum yards: ( ) 1. Minimum yards for each residential district shall be as as set forth in Table 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 , , , and (Ord. No. 1645, , ; Ord. No. 1693, 4( ), ; Ord. No. 1709, 2( ), ; Ord. No. 1761, exh. A ( ), ; Ord. No. 1769, exh. E( ), ) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 198

31 Table 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 ( I) Single-household dwelling See subsection A.3 of this section 5, , , , ,000 1,2 5, ,000 1 Single-household dwelling (only for dwellings to satisfy minimum requirements of chapter 38, article 3) 3 2, , , , , , , ,700 4 Two-household dwelling - - 6,000 6,000 6,000 5,000 6,000 - Two-household dwelling (only for dwellings to satisfy minimum requirements of chapter 38, article 3) 3 Lot area per dwelling in three- or four-household dwelling configurations Lot area per dwelling in three- or four-household dwelling configurations (only for dwellings to satisfy minimum requirements of chapter 38, article 3) ,500 2,500 2,500 2,500 2, ,000 3,000 None 5 3, ,500 2,500 None 5 2,500 - Townhouses - - 3, , ,000 7 None 5 3, Townhouses (only for dwellings to satisfy minimum requirements of chapter 38, article 3) 3 2,500 2,500 2,500 2,500 2,500 None 4, 5 2,500 2,500 Apartments - first dwelling ,000 None 5 5,000 - Apartments - each dwelling after the first Apartments - each dwelling after the first (only for dwellings to satisfy minimum requirements of chapter 38, article 3) 3 Additional area required for an accessory dwelling unit ,200 None 5 1, None , ,000 1, , , None 5 1, All other uses 5, , , , ,000 1 None 5 5, ,000 1 Minimum Lot Width (feet) ( ) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 199

32 Use Type/Standard R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Single-household dwelling Single-household dwelling (only for dwellings to satisfy requirements of chapter 38, article 3) See subsection A.3 of this section See subsection A.3 of this section 50/ / / / / / / Two household dwelling / / / / / Accessory dwelling unit / / / /50 11 None 13 60/ Dwellings in three- or fourhousehold dwelling configurations None Townhouses 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 None Density, Floor Area and Lot Coverage ( &.080) Minimum density (dwellings per net acre) None Maximum lot coverage 14 25% 15 40% 40% 16 40% 16 50% % 16 Maximum Building Height (feet) ( ) Roof Pitch in Feet R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Less than 3: :12 or greater but less than 6:12 6:12 or greater but less than 9: Equal to or greater than 9: Minimum Yards (feet) 18 ( ) (see for yard encroachments, limitations & exceptions) Front yard - adjacent to arterial streets 19 Front yard - adjacent to collector streets , , BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 200

33 Use Type/Standard R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Front yard - adjacent to local streets , Rear yard 25 20, 21, Side yard 25 20, 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 of this chapter. 3. A larger lot size may be required to comply with the requirements of section , Table , Mix and Price of Dwelling Units. 4. May only be utilized in developments subject to division 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 of this chapter and subject to the requirements of division 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 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 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 201

34 15. For newly created lots in the R-S district, determined through the PUD review procedures set forth in division , 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 below for an example) to reduce the visibility of such feature. Figure 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 202

35 Figure Local streets setback for dwelling and garage, except for R-S district. F. Residential garages. ( ) 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 nongarage 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. (Ord. No. 1645, , ; Ord. No. 1693, 4( ), ; Ord. No. 1709, 2( ), ; Ord. No. 1761, exh. A ( ), ; Ord. No. 1769, exh. E( ), ) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 203

36 Figure 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. ( ) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 204

37 Sec Form & intensity standards Residential emphasis mixed-use zoning district. ( 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 below. B. Lot coverage and floor area: 1. Maximum lot coverage by principal and accessory buildings shall be as set forth in Table below. 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 below. D. Minimum yards: 1. Minimum yards for applicable dwelling/use type shall be as as set forth in Table below. 2. All yards are subject to the provisions of sections , Design Criteria and Development Standards in Entryway Corridors, , Yard and Height Encroachments, Limitations and Exceptions, , Watercourse Setback, , Street Vision Triangle, and , General Maintenance, when applicable. Table Table of Form & Intensity Standards Residential Emphasis Mixed-Use Zoning District Standard Townhouse/ townhouse cluster 1 Two to four household dwellings, group living, apartments Mixed use (residential over commercial) Small-lot singlehousehold Singlehousehold Nonresidential Lot and Floor Area Standards Minimum lot area (square feet) Minimum lot width (feet) Maximum lot coverage 2,500 4, Note 3 None Note 3 None 4-75% 50% 75% 75% 5 75% 5 100% 6 Maximum allowable floor to area ratio 1.5:1 1:1 2.5:1 4:1 0.75:1 7 Max: 0.5:1 7 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 205

38 Standard Townhouse/ townhouse cluster 1 Two to four household dwellings, group living, apartments Mixed use (residential over commercial) Small-lot singlehousehold Singlehousehold Nonresidential 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: Roof pitch: 3:12 or greater but less than 6:12 Roof pitch: 6:12 or greater but less than 9: stories maximum 2 stories minimum & 5 stories maximum 15 feet minimum & 5 stories maximum Roof pitch: Equal to or greater than 9: Minimum-Maximum Yards (feet) (where only one number is shown in the column, there is no maximum yard) Front Yard Note 8 Note 9 Adjacent to arterial streets Adjacent to collector streets Adjacent to local streets Rear Yard Adjacent to arterial streets Side Yard Vehicle Entrances Garages and Special Parking Standards Residential garages Note 13 Note 13 Note 14 Note Special Parking Standards Note 15 Note 7, 15 Note7, 15 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 206

39 Notes: 1. Additional notes. (1) Portions of site development review applications within the REMU zone for attached multihousehold 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 D for accessible parking spaces. 2. Additional area for accessory dwelling unit: 800 square feet minimum. 3. Apply standards of section , Table (Lot Area Table), section , 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 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 207

40 (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 C, Parking lot landscaping, and sub section 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 and section (except section 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 , residential garages. (2) Section C.2.a, Drive access requirements residential. (3) Section D, stacking of off-street parking spaces. (4) Section E, no parking permitted in required front or side yards. (5) Section 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, ) Sec Form & intensity standards Non-residential and other mixeduse districts. (Portions of Articles 10-14) 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 below. (Ord. No. 1645, , ; Ord. No. 1693, 5( ), ; Ord. No. 1709, 3( ), ; Ord. No. 1761, exh. B( ), ) B. Lot coverage and floor area: ( ) 1. Maximum lot coverage by principal and accessory buildings shall be as set forth in Table 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. (Ord. No. 1645, , ; Ord. No. 1693, 5( ), ; Ord. No. 1709, 3( ), ; Ord. No. 1761, exh. B( ), ) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 208

41 C. Maximum building height for applicable non-residential and mixed-use districts shall be as as set forth in Table below. ( ) (Ord. No. 1645, , ; Ord. No. 1693, 5( ), ; Ord. No. 1709, 3( ), ; Ord. No. 1761, exh. B( ), ) D. Minimum yards: ( ) 1. Minimum yards for applicable non-residential and mixed-use districts shall be as as set forth in Table 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 , Design Criteria and Development Standards in Entryway Corridors, , Yard and Height Encroachments, Limitations and Exceptions, , Watercourse Setback, , Street Vision Triangle, and , General Maintenance, when applicable. (Ord. No. 1645, , ; Ord. No. 1693, 4( ), ; Ord. No. 1709, 2( ), ; Ord. No. 1761, exh. A ( ), ; Ord. No. 1769, exh. E( ), ) 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 Table of Form & Intensity Standards Non-Residential and Other Mixed-Use Districts Zones Commercial zoning districts Industrial zoning districts Standard B-1 B-2 B-2M B-3 UMU BP M-1 M-2 PLI NE-HMU Lot and Floor Area Standards Minimum lot area (square feet) Minimum lot width (feet) 5, ,560 7, , Maximum lot coverage 100% 3 100% 100% 100% 100% 4-100% 100% - 40%- 100% 5 Maximum impervious surfaces % Minimum floor area BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 209

42 Zones Commercial zoning districts Industrial zoning districts Standard B-1 B-2 B-2M B-3 UMU BP M-1 M-2 PLI NE-HMU ratio 7 Building Height Standards (feet) Minimum building height Maximum building height Variable 9 55/ Roof pitch < 3: Roof pitch 3:12 or > Commercial floor space on ground floor (min. floor to ceiling height in feet) Minimum Yard (feet) Front Yard Note Rear Yard Side Yard , Side or Rear Yard Adjacent to Alley Parking & loading areas (feet) Note 21 Note 21 Front Yard Note Rear Yard Side Yard 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 , shall not be less than 3,000 square feet per detached singlehousehold dwelling and 2,500 square feet per attached dwelling. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 210

43 2. No lot width shall be less than 50 feet except lot width for townhomes and lots or dwellings satisfying the requirements of division , 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 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 211

44 Figure 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 E.2, and when determined to be in compliance with the review criteria of section 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 212

45 Figure B-2 district setbacks for local & arterial streets 14. Front yard provisions are set forth in the block frontage standards in section 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 R The minimum rear yard is five feet for accessory buildings. 20. Zero lot lines are allowed per section 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 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: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 213

46 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 Area requirements for individual buildings Restrictions. ( ) No part of any yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this 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 (Ord. No. 1645, , ; Ord. No. 1761, exh. F( ), ) Sec Yards and lots reduction prohibited. ( ) 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, , ; Ord. No. 1761, exh. F( ), ) Sec Use of lands; buildings and structures. ( ) 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 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 214

47 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 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 215

48 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 , 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 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, , ; Ord. No. 1761, exh. F( ), ; Ord. No. 1828, 32, 33, ) Sec Dwelling unit restrictions. ( ) 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 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 dampproofed and have heating, ventilation, suitable fire protection and exits if used for living purposes, and natural lighting. (Ord. No. 1645, , ; Ord. No. 1761, exh. F( ), ) Sec Accessory buildings, uses and equipment. ( ) 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 216

49 Figure 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 217

50 rooftop mechanical equipment does not apply to solar or wind energy collection devices. 2. Ground-mounted mechanical equipment shall be screened from public rightsof-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 20 feet 6 feet 26 feet 16 feet 10 feet 30 feet 14 feet 12 feet 32 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 218

51 Figure G.1. Detached structure setback requirements. Figure 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 219

52 I. All structures located within the neighborhood conservation or entryway corridor overlay districts require a certificate of appropriateness unless exempted in division J. Not more than two deviations shall be granted for any accessory structure. (Ord. No. 1645, , ; Ord. No. 1761, exh. F( ), ; Ord. No. 1830, 15, ) Sec Yard and height encroachments, limitations and exceptions. ( ) A. Permitted encroachments into yards. The following shall be permitted encroachments into required yards, subject to any and all applicable 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 220

53 Figure 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 singlehousehold 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 B. Zero lot line conditions. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 221

54 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 Setbacks from intersections as set forth in section Figure 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 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 222

55 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 of this chapter. (Ord. No. 1645, , ; Ord. No. 1761, exh. F( ), ; Ord. No. 1828, 34, ; Ord. No. 1893, 12, ) Sec Fences, walls and hedges( ) A. Location and height. Except as provided in section , 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 223

56 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 224

57 Figure Fences (Ord. No. 1645, , ; Ord. No. 1693, 13( ), ; Ord. No. 1709, 12( ), ; Ord. No. 1761, exh. H( ), ; Ord. No. 1769, exh. G( ), ) Sec Outdoor storage ( ) A. All materials, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or user shall be stored within the confines of a 100 percent opaque wall or fence not less than six feet tall. B. No storage of any type shall be permitted within any required yard, and shall be subject to section 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. (Ord. No. 1645, , ; Ord. No. 1693, 13( ), ; Ord. No. 1709, 12( ), ; Ord. No. 1761, exh. H( ), ; Ord. No. 1769, exh. G( ), ) Sec Trash and garbage enclosures. ( ) 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: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 225

58 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 , 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. (Ord. No. 1645, , ; Ord. No. 1693, 13( ), ; Ord. No. 1709, 12( ), ; Ord. No. 1761, exh. H( ), ; Ord. No. 1769, exh. G( ), ; Ord. No. 1804, 6, ) Sec Standards for specific site impacts and elements. ( ) 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 226

59 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 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- BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 227

60 frequency interference does not apply to those uses and circumstances falling under the jurisdiction of the FCC. (Ord. No. 1645, , ; Ord. No. 1761, exh. F( ), ) Sec Clean up of property and revegetation required. ( ) 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, , ; Ord. No. 1761, exh. F( ), ) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 228

61 Zone Specific Provisions (related portions of Articles 9-15 that don t fit in ) Sec REMU District - Special standards. ( ) 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 lists the minimum number of points needed for landscape plan approval for development types within REMU districts. Table Special Standards Development Type Residential small-lot single-household Residential: Single-household Residential: Townhouse 2 to 4 attached units Lot With Residential Adjacency N/A per section B N/A per section B N/A per section B Lot Without Residential Adjacency N/A per section B N/A per section B N/A per section B Residential: Townhouse or townhouse cluster 5 or more attached units Residential: Two to four household dwellings N/A per section B N/A per section B Residential: Apartments 5 or more units Mixed use with residential Non residential projects PUD 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 229

62 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 communityoriented and pedestrian-friendly, adjacent buildings, garages and driveways must comply with the following specific standards of this chapter. a. Section , residential garages. b. Section C.2.a, drive access requirements Residential. c. Section D, stacking of off-street parking spaces. d. Section E, no parking permitted in required front or side yards. e. Section 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 F (shared drive access) and in section (shared access definition). 6. Alleys. Alleys are encouraged, but not required, in the REMU district. a. Apply standards of section 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 230

63 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 , 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 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 (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; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 231

64 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 B-2M District - Special standards. ( ) All development within the B-2M district shall conform to chapters 1 through 4 of the design objectives plan established pursuant to division 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 REMU District - Special standards. ( ) 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 lists the minimum number of points needed for landscape plan approval for development types within REMU districts. Table REMU District - Special Standards Development Type Residential small-lot single-household Residential: Single-household Residential: Townhouse 2 to 4 attached units Lot With Residential Adjacency N/A per section B N/A per section B N/A per section B Lot Without Residential Adjacency N/A per section B N/A per section B N/A per section B Residential: Townhouse or townhouse cluster 5 or more attached units Residential: Two to four household dwellings N/A per section B N/A per section B Residential: Apartments 5 or more units BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 232

65 Development Type Lot With Residential Adjacency Lot Without Residential Adjacency Mixed use with residential Non residential projects PUD 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 communityoriented and pedestrian-friendly, adjacent buildings, garages and driveways must comply with the following specific standards of this chapter. a. Section , residential garages. b. Section C.2.a, drive access requirements Residential. c. Section D, stacking of off-street parking spaces. d. Section E, no parking permitted in required front or side yards. e. Section 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 233

66 5. Shared drive accesses. Apply standards of section f (shared drive access) and section (shared access definition). 6. Alleys. Alleys are encouraged, but not required, in the REMU district. a. Apply standards of section 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 , 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 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 (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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 234

67 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 UMU District - Special standards. ( ) 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 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 , Table E. Special parking standards. 1. Maximum surface parking. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 235

68 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 of this chapter. The UMU district may utilize the parking reductions authorized in section c.1. In determining the 100 percent requirement all qualifying reductions shall be included. b. Exemptions to section 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 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 236

69 affording views into retail, office, or lobby spaces. This requirement shall apply to 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 of this chapter. The parkland dedication requirements of division , 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 and to satisfy the requirements of section A, BMC. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 237

70 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. 2. 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. (Ord. No. 1681, 2( ), ; Ord. No. 1709, 4( ), ; Ord. No. 1828, 12, ; Ord. No. 1877, 6 8, ) Sec PLI District - Applicability. ( ) 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, , ; Ord. No. 1693, 7( ), ) Sec NEHMU District - Special standards and requirements. ( ) A. The requirements for landscape buffering for residential adjacency required by division 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. (Ord. No. 1645, , ; Ord. No. 1693, 8( ), ; Ord. No. 1709, 6( ), ) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 238

71 Sec 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 239

72 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 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 , Text and Map Amendments, of this chapter. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 240

73 Overlay district standards (Articles 16-18) Part 1: Neighborhood Conservation Overlay District Standards Sec Intent and purpose. ( ) 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 through 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 abovestated 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 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 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: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 241

74 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 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 of this chapter. (Ord. No. 1645, , ; Ord. No. 1693, 9( ), ; Ord. No. 1709, 7( ), ; Ord. No. 1761, exh. D( ), ; Ord. No. 1804, 2, ) Sec Design review board and administrative design review staff powers and duties within conservation districts. ( ) 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 of this chapter, the design review board and administrative design review staff shall BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 242

75 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. (Ord. No. 1645, , ; Ord. No. 1693, 9( ), ; Ord. No. 1709, 7( ), ; Ord. No. 1761, exh. D( ), ; Ord. No. 1828, 13, ) Sec Conservation district designation or recision. ( ) A site, structure, object, area or district may be designated or rescinded as a landmark, or added to or removed from the conservation district by the city commission upon recommendation of the Historic Preservation Advisory Board subject to the provisions of division 6, Historic Preservation Advisory Board of article 5, chapter 2, and division , Text and Map Amendments, of this chapter. Property owner concurrence is necessary for the designation or recision of landmark status. (Ord. No. 1645, , ; Ord. No. 1693, 9( ), ; Ord. No. 1709, 7( ), ; Ord. No. 1761, exh. D( ), ) Sec Certificate of appropriateness. ( ) 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 of this chapter, are undertaken upon any structure in the conservation district. The review authority for certificates of appropriateness is established in division 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 ) 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 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 243

76 (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 , 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 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 and meeting the requirements of section A.1.m are exempt from the review requirements of this part (1). This exemption does not extend to removal or alterations of existing structures. (Ord. No. 1645, , ; Ord. No. 1693, 9( ), ; Ord. No. 1709, 7( ), ; Ord. No. 1761, exh. D( ), ; Ord. No. 1804, 3, ) Sec Standards for certificates of appropriateness. ( ) 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; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 244

77 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, , ; Ord. No. 1660, 1, ; Ord. No. 1693, 9( ), ; Ord. No. 1709, 7( ), ; Ord. No. 1761, exh. D( ), ) Sec Application requirements for certificates of appropriateness in conservation districts. ( ) Applications for certificates of appropriateness shall be made in conjunction with applications for site plan approval in accordance with division of this chapter. Where development projects in the conservation district require only sketch plan review as per division of this chapter (i.e., single-household, two-household, threehousehold 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 of this chapter. (Ord. No. 1645, , ; Ord. No. 1693, 9( ), ; Ord. No. 1709, 7( ), ; Ord. No. 1761, exh. D( ), ) Sec Deviations from underlying zoning requirements. ( ) A. Because the development of much of historic Bozeman preceded zoning, subdivision and construction regulations, many buildings within the conservation BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 245

78 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 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 , 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). (Ord. No. 1645, , ; Ord. No. 1693, 9( ), ; Ord. No. 1709, 7( ), ; Ord. No. 1761, exh. D( ), ; Ord. No. 1804, 4, ) Sec Demolition or movement of structures or sites within the conservation district. ( ) 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 and 230 of this chapter, and the standards outlined in section 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 246

79 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 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 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 247

80 6. In addition to the remedies in division 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 (Ord. No. 1645, , ; Ord. No. 1693, 9( ), ; Ord. No. 1709, 7( ), ; Ord. No. 1761, exh. D( ), ; Ord. No. 1828, 14, ) (ARTICLE BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT) Part 2: Bozeman Entryway Corridor Overlay District Sec Title. ( ) 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, , ; Ord. No. 1709, 8( ), ; Ord. No. 1769, exh. F( ), ) Sec Intent and purpose. ( ) 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. (Ord. No. 1645, , ; Ord. No. 1709, 8( ), ; Ord. No. 1769, exh. F( ), ; Ord. No. 1828, 15, ) Sec Application of entryway corridor provisions. ( ) 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: BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 248

81 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. (Ord. No. 1645, , ; Ord. No. 1709, 8( ), ; Ord. No. 1769, exh. F( ), ) Sec Design review board and administrative design review staff powers and duties within entryway corridors. ( ) The design review board and administrative design review staff shall have the duties and powers established by division of this chapter, within entryway corridors. (Ord. No. 1645, , ; Ord. No. 1709, 8( ), ; Ord. No. 1769, exh. F( ), ) Sec Certificate of appropriateness. ( ) A. A certificate of appropriateness received from the reviewing authority after recommendation by the administrative design review staff or design review board, BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 249

82 shall be required before any and all alterations other than repair as defined in section 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 , 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. (Ord. No. 1645, , ; Ord. No. 1709, 8( ), ; Ord. No. 1769, exh. F( ), ; Ord. No. 1828, 12, ) Sec Design criteria and development standards in entryway corridors. ( ) A. In addition to the standards of division of this chapter, the following general design criteria and development standards shall apply to all development occurring within the areas described in section : 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. (Ord. No. 1645, , ; Ord. No. 1709, 8( ), ; Ord. No. 1769, exh. F( ), ) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 250

83 Sec Application requirements for certificates of appropriateness in entryway corridor. ( ) A. Applications for certificates of appropriateness shall be made in conjunction with applications for site plan approval, in accordance with division of this chapter. B. Where development projects in the entryway corridor require only sketch plan review as per division 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 of this chapter. C. The architectural designs of individual workforce housing units used to satisfy the requirements of section and meeting the requirements of section m are exempt from the review requirements of this part (2). This exemption does not extend to removal or alterations of existing structures. (Ord. No. 1645, , ; Ord. No. 1709, 8( ), ; Ord. No. 1769, exh. F( ), ) Sec Deviation from overlay or underlying zoning requirements. ( ) 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 and 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. (Ord. No. 1645, , ; Ord. No. 1709, 8( ), ; Ord. No. 1769, exh. F( ), ; Ord. No. 1828, 17, ) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 251

84 Sec Appeals. ( ) Aggrieved persons, as defined in section of this chapter, may appeal the decision of the review authority pursuant to the provision of division of this chapter. In such event, the issuance of a certificate shall be stayed until the appeal process has been completed. (Ord. No. 1645, , ; Ord. No. 1709, 8( ), ; Ord. No. 1769, exh. F( ), ; Ord. No. 1827, 2, ) (ARTICLE CASINO OVERLAY DISTRICT ) Part 3: Casino Overlay District Sec Intent. ( ) 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, , ) Sec Application for zoning designation. ( ) Any person wishing to establish a casino must make application as per division of this chapter, Zoning Map Amendments, for a casino overlay district. (Ord. No. 1645, , ) Sec Authorized uses. ( ) 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 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 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, , ) Sec Restrictions. ( ) A. Casino overlay districts shall be permissible zoning only in areas zoned M-1 light manufacturing district, or M-2 manufacturing and industrial district. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 252

85 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, , ) Sec Lot area and width. ( ) There shall be no minimum lot area, however no lot width shall be less than 100 feet and the lot area shall be sufficient to provide all required yard areas and off-street parking. (Ord. No. 1645, , ) Sec Lot coverage. ( ) The entire lot, exclusive of required yards, landscaping and parking may be occupied by the principal and accessory buildings. (Ord. No. 1645, , ) Sec Yards. ( ) 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 , and , when applicable.) (Ord. No. 1645, , ) Sec Building height. ( ) 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, , ) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 253

86 Reserved Index of supplemental use criteria (Article 22) Sec Purpose. ( ) The purpose of this section is to further describe the standards and conditions under which certain uses may be permitted as principal or conditional uses in specific districts. (Ord. No. 1645, , ; Ord. No. 1693, 12( ), ; Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ) Sec Applicability. ( ) All uses listed in this section shall be subject to the specific standards described for each use, in addition to all other applicable standards. (Ord. No. 1645, , ; Ord. No. 1693, 12( ), ; Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ) Sec Accessory dwelling units. ( ) 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 B, as a condition of approval; 2. In addition to the parking required for the principal residence, one paved offstreet 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 onstreet parking provisions of division 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 254

87 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 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 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 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; BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 255

88 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 Figure Accessory dwelling units. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 256

89 Figure Accessory dwelling units with dormer. (Ord. No. 1645, , ; Ord. No. 1693, 12( ), ; Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ; Ord. No. 1802, 7, ; Ord. No. 1830, 16, ) Sec Adult businesses. ( ) 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. (Ord. No. 1645, , ; Ord. No. 1693, 12( ), ; Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ) Sec Alcohol sales for on-premises consumption. ( ) 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. (Ord. No. 1645, , ; Ord. No. 1693, 12( ), ; Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ) Sec Automobile repair and/or fuel sales. ( ) A. In addition to the requirements to be followed for all convenience uses as defined in this chapter, and provided in section , the following requirements shall apply to all service station and automobile uses as listed in this section. Compliance BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 257

90 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 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 ; 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 258

91 (Ord. No. 1645, , ; Ord. No. 1669, 1, ; Ord. No. 1693, 12( ), ; Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ) Sec Automobile washing establishment. ( ) 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 of this chapter. (Ord. No. 1645, , ; Ord. No. 1693, 12( ), ; Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ) Sec Cemeteries. ( ) 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. (Ord. No. 1645, , ; Ord. No. 1693, 12( ), ; Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ) Sec Condominiums. ( ) A. Unit ownership act. Condominium developments shall comply with all provisions of the Unit Ownership Act, MCA 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 of this chapter. The bylaws, covenants, conditions and restrictions shall be submitted to the city for BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 259

92 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 of this chapter, and shall, when deemed necessary by the city engineer, comply with section D. Condominiums may be subject to chapter 38, division 380. (Ord. No. 1645, , ; Ord. No. 1693, 12( ), ; Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ) Sec Convenience uses and drive-through/drive-in restaurants. ( ) A. Architectural guidelines. 1. All convenience uses shall be designed with an architectural and design character that is appropriate for and compatible with the area, 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. (Ord. No. 1645, , ; Ord. No. 1693, 12( ), ; Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ) Sec Group living. ( ) A. Applicability. All group living uses (as defined in section ) 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 260

93 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 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, ; Ord. No. 1830, 17, ) Sec Home-based businesses. ( ) A. Generally. A home-based business is a use that is considered accessory to a dwelling unit. Buildings combining live/work arrangements located in districts where both the residential and 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 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 261

94 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 of this chapter, opportunities for homebased businesses which are more intensive in nature than those which would be BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 262

95 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 , 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 , 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 263

96 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 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 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. (Ord. No. 1645, , ; Ord. No. 1693, 12( ), ; Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ; Ord. No. 1786, 7, ; Ord. No. 1828, 35, 36, ) Sec Manufactured home communities. ( ) 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 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 264

97 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 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 265

98 rental community to see that all sections of this division 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 , shall be reserved as park or recreation area. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 266

99 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 (Ord. No. 1645, , ; Ord. No. 1693, 12( ), ; Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ; Ord. No. 1808, 7, ; Ord. No. 1828, 37, 38, ; Ord. No. 1830, 18, ) Sec Manufactured homes on individual lots. ( ) A. Intent. It is the intent of this section to allow manufactured homes, as defined in section of this chapter, in specified zoning districts in which similar singlehousehold 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 267

100 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. (Ord. No. 1645, , ; Ord. No. 1693, 12( ), ; Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ; Ord. No. 1828, 39, ) Sec Mini warehouses. ( ) A. Minimum site size shall be one acre. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 268

101 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 tenfoot travel lanes; and 4. The parking lanes may be eliminated when the driveway does not serve storage cubicles. Figure Mini warehouses. (Ord. No. 1645, , ; Ord. No. 1693, 12( ), ; Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ) Sec Outdoor sales and display. ( ) A. Merchandise which is offered for direct sale, rental or lease to the ultimate consumer or user may be displayed beyond the confines of a building in any commercial district, but the area occupied by such outdoor display shall not constitute a greater number of square feet than 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 269

102 Figure Outdoor sales and display. (Ord. No. 1645, , ; Ord. No. 1693, 12( ), ; Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ) Sec Portable carry-out food and beverage buildings. ( ) A. A $10, site bond must be secured on the property. In addition, evidence of liability insurance, with coverage of $1,000, 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 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 BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 270

103 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, , ; Ord. No. 1693, 12( ; Ord. No. 1693, 12( ), ); Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ; Ord. No. 1828, 41, ) Sec Recreational vehicle park and overnight campground. ( ) 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 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 271

104 Figure Recreational vehicle park and overnight campground. (Ord. No. 1645, , ; Ord. No. 1693, 12( ), ; Ord. No. 1709, 11( ), ; Ord. No. 1761, exh. G( ), ; Ord. No. 1808, 8, ; Ord. No. 1830, 19, ) Sec Large-scale retail, size limitations and design and site development guidelines and requirements. ( ) A. Purpose. 1. The purpose of this section is to establish general development standards for large scale retail developments. These standards are intended and designed to 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 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 , will meet or exceed the intent behind these standards. 3. Applicability. All uses listed in this division 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. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 272