Zoning Regulation - Gallatin County, Montana

GALLATIN COUNTY / 

BOZEMAN AREA 

ZONING REGULATION 

ADOPTED JULY 27, 1999 

AMENDED JANUARY 23, 2001 

RESOLUTION 2001 – 09

TABLE OF CONTENTS 

SECTIONS: 

2. General Provisions ........................................................................................................ 1 

4. Definitions ..................................................................................................................... 3 

6. Zoning Districts and Zoning Map .............................................................................. 31 

8. Application of Regulations ......................................................................................... 35 

10. A-S Agriculture Suburban District ............................................................................. 37 

12. R-S Residential Suburban Country Estates District ................................................... 41 

14. R-1 Residential Single-Family, Low Density District ............................................... 45 

16. R-2 Residential Single-Family, Medium Density District ......................................... 47 

17. R-2a Residential Single-Family, Medium Density District ....................................... 49 

18. R-3a Residential Two-Family, Medium Density District .......................................... 51 

20. R-3 Residential Medium Density District .................................................................. 53 

24. R-4 Residential High Density District ........................................................................ 55 

26. R-O Residential Office District .................................................................................. 57 

28. B-1 Neighborhood Service District ............................................................................ 59 

30. B-2 Community Business District .............................................................................. 61 

34. M-1 Light Manufacturing District .............................................................................. 65 

36. M-2 Manufacturing District ........................................................................................ 69 

38. BP Business Park District ........................................................................................... 71 

39. PLI Public Lands and Institutions District ................................................................. 73 

41. R-MH Single-Household Mobile Home District ....................................................... 75 

43. Entryway Corridor Overlay District ........................................................................... 79 

44. Flood Hazard District.................................................................................................. 83 

45. Casino Overlay District ............................................................................................ 101 

46. Landscaping .............................................................................................................. 103 

47. Parking ...................................................................................................................... 115 

48. Manufactured Homes on Individual Lots ................................................................. 125 

50. General Building and Development Standards ........................................................ 127 

51. Design Review .......................................................................................................... 151 

52. Plan Review and Approval ....................................................................................... 153 

53. Conditional Use Procedure ....................................................................................... 163 

54. Planned Unit Development ....................................................................................... 167 

55. Text Amendment and Rezoning Changes ................................................................ 197 

56. Variance and Administrative Interpretation Appeal Procedures ............................. 199 

57. Telecommunications ................................................................................................. 205 

58. Plan Appeals Procedure ............................................................................................ 211 

62. Administration, Permits and Fees ............................................................................. 215 

65. Sign Code .................................................................................................................. 219 

70. Violation, Penalties and Separability ........................................................................ 231 

GC/BA Zoning Regulation—Amended 4/10/07 i

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ii GC/BA Zoning Regulation—Amended 4/10/07

Section 2 

GENERAL PROVISIONS 

Sections: 

2.010 Citation of regulation. 

2.020 Interpretation as minimum requirements. 

2.010 Citation of regulation. 

This title shall be known and cited as the Zoning Regulation of the Gallatin County / Bozeman 

Area Zoning District except when cited herein, where it shall be referred to as "this title." 

2.020 Interpretation as minimum requirements. 

A. In their interpretation and application, the provisions of this title shall be held to be minimum 

requirements adopted for the promotion of the health, safety, and general welfare of the 

community. Wherever the requirements of this title are at variance with the requirements of any 

other lawfully adopted rules or regulations, or wherever there is an internal conflict within this 

title, the most restrictive requirements, or that imposing the higher standards, shall govern. 

B. In the case of a difference of meaning or implication between the text of this title and the 

captions or headings for each section, the text shall control. 

GC/BA Zoning Regulation—Amended 4/10/07 1


2 GC/BA Zoning Regulation—Amended 4/10/07

Section 4 

DEFINITIONS 

Sections: 

4.010 Definition of terms and interpretation of language. 

4.020 Access or access way. 

4.030 Accessory building or use. 

4.040 Administrative officer. 

4.050 Adult business. 

4.060 Agricultural activity. 

4.070 Airfield, personal use. 

4.080 Airport. 

4.090 Alley. 

4.100 Animal hospital. 

4.105 Antenna 

4.110 Apartment. 

4.120 Apartment building. 

4.130 Automobile reduction yard. 

4.140 Auto salvage yard. 

4.150 Automobile service station. 

4.160 Automobile washing establishment. 

4.170 Bar (Tavern, cocktail lounge). 

4.180 Basement. 

4.190 Bed and breakfast home. 

4.200 Board. 

4.210 Boardinghouse. 

4.220 Building. 

4.230 Building area. 

4.240 Building envelope. 

4.250 Building, front line of. 

4.260 Building, height of. 

4.270 Building line, required front. 

4.280 Building line, required rear. 

4.290 Building line, required side. 

4.300 Building, principal. 

4.310 Building, public. 

4.320 Business. 

4.330 Campground. 

4.340 Carport. 

4.350 Casino. 

4.360 Cemetery. 

4.370 Child. 

4.380 Church. 

4.390 City. 

4.400 Club, private (nonprofit). 


4.410 Commission, county. 

4.420 Community residential facility. 

4.430 Conditional use permit. 

4.440 Condominium. 

4.450 Convenience food restaurant. 

4.460 Convenience use. 

4.470 Day care center. 

4.480 Day care home, family. 

4.490 Day care home, group. 

4.500 Density, gross. 

4.510 Density, net residential. 

4.515 Design review. 

4.530 Development. 

4.550 Deviation. 

4.560 Drive access. 

4.570 Drive-in business. 

4.580 Duplex. 

4.590 Dwelling. 

4.600 Dwelling, single-family. 

4.610 Dwelling, two-family. 

4.620 Dwelling, multiple (multifamily). 

4.630 Dwelling unit. 

4.640 Essential services (Type 1). 

4.650 Essential services (Type 11). 

4.655 FAA 

4.660 Family. 

4.665 FCC 

4.670 Fence. 

4.680 Final approach and take off area (FATO). 

4.690 Floodplain. 

4.700 Floor area, gross. 

4.710 Floor area, net. 

4.720 Floor area ratio (FAR). 

4.730 Garage, private. 

4.740 Garage, public. 

4.750 Grade. 

4.760 Greenhouse. 

4.770 Greenhouse, commercial. 

4.780 Ground floor area. 

4.790 Group home. 

4.795 Growth policy plan. 

4.800 Guest house. 

4.810 Health and exercise establishments. 

4.820 Home occupation or profession. 

4.830 Hospital. 

4.840 Hotel or motel. 


4.850 Incidental. 

4.860 Industry, heavy. 

4.870 Industry, light. 

4.880 Junkyard. 

4.890 Loading and unloading bays. 

4.900 Lodging house. 

4.910 Lot. 

4.920 Lot area. 

4.930 Lot, corner. 

4.940 Lot, interior. 

4.950 Lot, through. 

4.960 Lot coverage. 

4.970 Lot depth. 

4.980 Lot line, front. 

4.990 Lot line, rear. 

4.1000 Lot line, side. 

4.1010 Lot line, zero. 

4.1020 Lot width. 

4.1030 Manufactured home. 

4.1040 Manufacturing. 

4.1050 Manufacturing, light. 

4.1060 Master plan. 

4.1070 Medical offices, clinics and centers. 

4.1080 Mining. 

4.1090 Mobile homes. 

4.1100 Mobile home park. 

4.1110 Mobile home space. 

4.1120 Mobile home stand. 

4.1130 Mobile office. 

4.1140 Model home. 

4.1150 Modular or sectional home. 

4.1160 New construction. 

4.1170 Noxious matter or material. 

4.1180 Nonconforming use. 

4.1190 Nursing home. 

4.1200 Nursery, plant. 

4.1210 Offices. 

4.1220 Open sales (or rental) lot. 

4.1230 Open space, useable. 

4.1240 Overlay zone. 

4.1250 Parking area. 

4.1260 Parking space, off-street. 

4.1270 Party wall. 

4.1280 Paved parking space or surface. 

4.1290 Personal and convenience services. 

4.1300 Persons. 


4.1310 Planning director. 

4.1320 Property, personal. 

4.1330 Property, real. 

4.1340 Recreational vehicle. 

4.1350 Recreational vehicle park. 

4.1360 Research laboratory. 

4.1370 Restaurant. 

4.1380 Retail. 

4.1390 Right-of-way. 

4.1400 School. 

4.1410 Screening. 

4.1420 Setback line. 

4.1430 Sewer, public. 

4.1440 Sewer system, community. 

4.1450 Sign. 

4.1460 Site plan. 

4.1465 Small Scale Broadcast Facility. 

4.1470 Spa. 

4.1475 Special exception. 

4.1480 Stable, private. 

4.1490 Street. 

4.1500 Street, arterial. 

4.1510 Street, collector. 

4.1520 Street, local. 

4.1530 Street frontage. 

4.1540 Street, public. 

4.1550 Structure. 

4.1560 Structure, nonconforming. 

4.1570 Structural alteration. 

4.1580 Subdivision or development construction yard. 

4.1590 Swap meet. 

4.1600 Swimming pools. 

4.1605 Tower. 

4.1610 Townhouse. 

4.1620 Townhouse cluster. 

4.1630 Truck service station. 

4.1640 Truck stop. 

4.1650 Truck washing establishment. 

4.1660 Unit, efficiency. 

4.1670 Use. 

4.1680 Use, accessory. 

4.1690 Use, conditional. 

4.1700 Use, nonconforming. 

4.1710 Use, permitted. 

4.1720 Use, principal. 

4.1730 Use, temporary. 


4.1740 Variance. 

4.1750 Variance, dimensional. 

4.1760 Veterinary clinic. 

4.1770 Warehouse. 

4.1780 Warehouse, residential storage (mini-warehouse). 

4.1790 Watercourse. 

4.1800 Wholesale establishment. 

4.1810 Wrecking yard. 

4.1820 Yard. 

4.1830 Yard, corner side. 

4.1840 Yard, front. 

4.1850 Yard, rear. 

4.1860 Yard, required. 

4.1870 Yard, side. 

4.1880 Zoning map. 

4.010 Definition of terms and interpretation of language. 

A. All words in this title shall be first defined as provided in this section and, if not defined 

herein, shall be defined as in the latest edition of The Illustrated Book of Development 

Definitions by Harvey S. Moskowitz and Carl G. Lindbloom, and if not defined in The 

Illustrated Book of Development Definitions, shall have their customary dictionary definitions. 

For the purposes of this title certain words and terms used herein are defined as follows: 

B. Words used in the present tense include the future tense; words used in the singular include 

the plural, and words used in the plural include the singular; the word "shall" is always 

mandatory, the word "person" includes a firm, association, organization, partnership, trust, 

corporation or company, as well as an individual; the word "lot" includes the words "plot" or 

"parcel"; the word "building" includes the word "structure"; the words "used" or "occupied," as 

applied to any land or building, shall be construed to include the word "intended, arranged, or 

designed to be used or occupied"; the words "map" or "zoning map" mean the zoning map(s) of 

the zoning jurisdiction of the Gallatin County / Bozeman Area Zoning District that delineate the 

area to be governed by these regulations. 

4.020 Access or accessway. 

"Access or accessway" means the place, mean or way by which pedestrians and vehicles 

shall have adequate and useable ingress and egress to property or use as required by this title. 

4.030 Accessory building or use. 

"Accessory building or use" means a subordinate building, or portion of the principal 

building, located on the same lot as the principal building, or a subordinate use of land, either of 

which is customarily incidental to the principal building or to the principal use of land. Where 

part of an accessory building is connected to part of the principal building in a substantial 

manner as by a roof, such accessory building shall be counted as part of the principal building. 

Individual public utility installation aboveground are considered accessory buildings. 


4.040 Administrative officer. 

"Administrative officer" means the person designated by commission to be responsible for 

assuring compliance with this title. 

4.050 Adult business. 

"Adult business" means an establishment which advertises, trades, exchanges, transfers, sells, 

presents, shows, offers or exhibits materials, activities, reproductions, likenesses, services and/or 

objects defined as obscene by Section 45-8-201(2), MCA, Adult business as defined in this 

section shall include, but need not be limited to, adult bookstores, adult motion picture theaters, 

rap studios, massage parlors, exotic dance studios, nude art studios, nude photographic studios 

and nude body painting studios. 

4.060 Agricultural activity. 

"Agricultural activity" means the cultivation of the soil or the raising of livestock and all 

activities incidental thereto. The terms "farming" and "ranching" shall be interchangeable for 

purposes of this title. The term "agricultural activity" shall not include the raising of produce 

primarily intended for on-premises consumption. 

4.070 Airfield, personal use. 

"Personal use airfield" means any unsurfaced earth or turf area or facility of land which is 

privately owned and operated, and is designed, used or intended to be used for landing and 

taking off by private single-engine, fixed-wing aircraft, not exceeding two hundred horsepower, 

including not more than one support building for covered storage and small quantities of 

supplies. A personal use airfield as used in this section means an airstrip restricted, except for 

aircraft emergencies, to use by the owner which is not directed toward business or commercial 

functions. 

4.080 Airport. 

"Airport" means a licensed facility where commercial, military and private aircraft may land 

or take off and where additional space is provided for repairs, services, storage facilities, and 

offices and buildings for administration and passenger convenience. 

4.090 Alley. 

"Alley" means a permanent public thoroughfare providing a secondary means of access to 

abutting lands. 

4.100 Animal hospital. 

"Animal hospital" means a place where animals or pets are given medical or surgical 

treatment and are cared for during the time of such treatment. Outside pens, kennels or runs are 

not permitted as part of an animal hospital operation. The short-term interior boarding is 

permitted. 


4.105 Antenna. 

"Antenna" means one or more rods, panels, discs or similar devices used for the transmission 

or reception of radio frequency signals, which may include omni-directional antenna (rod), 

directional antenna (panel) and parabolic antenna (disc). 

4.110 Apartment. 

"Apartment" means a room or suite of two or more rooms located in an apartment building or 

in nonresidential districts as specified in this title. Efficiency units shall qualify as an apartment 

under this definition. 

4.120 Apartment building. 

"Apartment building" means a building other than a hotel or motel containing five or more 

dwelling units. 

4.130 Automobile reduction yard. 

"Automobile reduction yard" means any area of land where two or more motor vehicles not 

in running condition and/or two or more unlicensed motor vehicles, or parts thereof are stored in 

the open and are not being restored to operation; or any land, building or structure used for the 

wrecking, dismantling, storage or abandonment of motor vehicles or parts thereof. 

4.140 Auto salvage yard. 

"Auto salvage yard" means a junkyard primarily containing inoperable vehicles. (See 

definition of junkyard, section 4.880.) 

4.150 Automobile service station. 

"Automobile service station" means an establishment with the primary business function of 

the retail sale of gasoline for passenger car use with or without minor service and repair work 

incidental to the operation of passenger automobiles. 

4.160 Automobile washing establishment. 

"Automobile washing establishment" means a building which has its primary purpose as 

washing automobiles. Such facilities shall be considered incidental to automobile service 

stations if not more than one auto may be washed at one time and if the service station is clearly 

the principal use. 

4.170 Bar (Tavern, cocktail lounge). 

"Bar (tavern, cocktail lounge)" means an establishment where alcoholic beverages are served 

on premises and where the total sales of alcohol exceeds the total sales of food. 

4.180 Basement. 

"Basement" means a portion of a building located partly underground but having not less 

than half its floor-to-ceiling height below the average grade of the adjoining ground. 


4.190 Bed and breakfast home. 

"Bed and breakfast home" means a single-family dwelling which remains owner-occupied at 

all times providing one or more guest rooms for compensation, and where food service is limited 

to breakfast which may be served to over-night guests only. 

4.200 Board. 

"Board" means the Gallatin County planning board, the appointed body responsible for 

making recommendations to the commission relative to this title and the zoning jurisdiction of 

the Gallatin County / Bozeman Area Zoning District. 

4.210 Boardinghouse. 

See lodginghouse, section 4.900. 

4.220 Building. 

"Building" means any structure having enclosed space and a roof for the housing and/or 

enclosure of persons, animals or chattels, except mobile homes, recreational vehicles and mobile 

offices. 

4.230 Building area. 

"Building area" means the maximum horizontal projected area of the principal and accessory 

building, excluding open steps, terraces, and architectural appurtenances projecting not more 

than two feet. Building area, as that portion of a lot upon which construction is permitted, is as 

follows: That area of a lot that lies within the boundaries of the front, side and rear yard setback 

requirements measured from the actual lot line. 

4.240 Building envelope. 

“Building envelope" means that area of a lot lying between the front, rear, and side yard 

setback lines and between ground level and the maximum allowable building height, amounting 

to the three dimensional area available for potential building construction. 

4.250 Building, front line of. 

"Front line of building" means the line of the face of a building nearest the front lot line. 

4.260 Building, height of. 

"Height of building" means the vertical distance measured from grade as defined in this 

section to the highest point on the roof or parapet wall. Where a building utilizes multiple roof 

styles or pitches, the highest point of each type of roof or parapet wall shall be in conformance 

with applicable height regulations as established for the respective roof pitches in each zoning 

district. Where the vertical difference between grade as defined in this section is greater than 

two feet between opposite elevations of the building, the height of the building may be increased 

by one foot for every one foot in grade difference up to a maximum of six additional feet. 


4.270 Building line, required front. 

"Required 'front building line" means the line nearest to the front and across a lot establishing 

the minimum open space to be provided between the front line of a building and the front lot 

line. See also definition of setback line, section 4.1420. 

4.280 Building line, required rear. 

"Required rear building line" means the line nearest to the rear and across a lot establishing 

the minimum open space to be provided between the rear line of a building and the rear lot line. 

See also definition of setback line, section 4.1420. 

4.290 Building line, required side. 

"Required side building line" means the line nearest to the side and extending between the 

required front building line and required rear building line establishing the minimum open space 

to be provided between the side line of a building and the side lot line. See also definition of 

setback line, section 4.1420. 

4.300 Building, principal. 

"Principal building" means a building in which is conducted the main, or principal, use of the 

lot on which the building is situated. 

4.310 Building, public. 

"Public building" means a building, supported by government funds, to be used in an official 

capacity on behalf of the entire community. 

4.320 Business. 

"Business" means the engaging in of the purchase, sale, barter or exchange of goods, wares, 

merchandise or service; the maintenance or operation of offices or recreational or amusement 

enterprises. 

4.330 Campground. 

"Campground" means any area of land used to temporarily accommodate two or more 

camping parties, including cabins, tents, recreational vehicles or other camping outfits. 

4.340 Carport. 

"Carport" means a structure, open on at least two sides, consisting of a roof and either walls 

or columns for the purpose of housing automotive vehicles and other chattels. The structure 

shall be considered as an accessory building when detached from the principal building and as a 

part of the principal building when attached to the principal building along one or more sides of 

the carport or principal building. 


4.350 Casino. 

A. "Casino" means an establishment whose primary use or activity is gambling, either in the 

form of gambling machines (video poker, keno, etc.), card games, or other licensed gambling 

activity. A casino will normally have beverage and restaurant facilities as ancillary uses. In all 

instances, an establishment will be considered a casino for the purpose of these regulations if any 

of the following characteristics apply: 

1. The establishment is referenced as a casino by signage or by name; 

2. More than one card table is on the premises; 

3. Fifteen (15) or more gambling machines are on the premises; or 

4. The predominant source of income is from gambling revenue. 

B. An applicant for a casino establishment must obtain a Montana state license to sell 

alcoholic beverages for consumption on the premises. 

C. Generally, an establishment will not be considered a casino when the premise contains no 

live card games, has less than six (6) gambling machines, and the gambling devices are clearly 

incidental to the primary use of the establishment. 

4.360 Cemetery. 

"Cemetery" means land used for the burial of the dead and dedicated for cemetery purposes, 

including crematories, mausoleums and mortuaries when operated in conjunction with and 

within the boundary of such cemetery. 

4.370 Child. 

"Child" means a person under twelve years of age. 

4.380 Church. 

"Church" means a building, together with its accessory buildings and uses, where persons 

regularly assemble for religious worship, and which building, together with its accessory 

buildings and uses, is maintained and controlled by a religious body organized to sustain public 

worship. 

4.390 City. 

"City" means the city of Bozeman. 

4.400 Club, private (nonprofit). 

"Private (nonprofit) club" means a nonprofit association of persons who are bona fide 

members paying annual dues which owns, hires or leases a building, or a portion thereof-, the 

use of such premises being restricted to member's and their guests. 

4.410 Commission, county. 

" County commission" means the governing body of the county and, when involving issues 

of this title, the zoning jurisdiction of the Gallatin County / Bozeman Area Zoning District. 


4.420 Community residential facility. 

"Community residential facility" means a single residential structure having common kitchen 

facilities occupied by eight or fewer persons having developmental disability and living together 

for the purpose of residential training, observation and/or common support, in which are is 

provided on a twenty-four-hour per day basis. The limitation of eight or fewer persons does not 

include the operator of a residential facility, members of the operator's family or persons 

employed as staff, except that the total number of all persons living at the residential facility 

shall not exceed ten. 

4.430 Conditional use permit. 

"Conditional use permit" means legal authorization to construct, develop or operate a 

conditional use as defined by this title. 

4.440 Condominium. 

"Condominium" means a building or group of buildings in which units are owned 

individually and the structure, common areas and facilities are owned by all owners on a 

proportional, undivided basis. Condominiums may be residential, commercial or industrial in 

nature. 

4.450 Convenience food restaurant. 

"Convenience food restaurant" means an establishment whose principal business is the sale 

of foods, frozen desserts, or nonalcoholic beverages to the consumer in a ready-to-eat state for 

consumption either within the premises or for carry-out with consumption either on or off the 

premises and whose design or principal method of operation includes both of the following 

characteristics: 

A. Foods, frozen desserts, or nonalcoholic beverages are usually served in edible containers or 

in paper, plastic or other disposable containers; 

B. The customer is not served food at his/her table by an employee but receives it at a counter, 

window or similar facility for carrying to another location for consumption either on or off the 

premises. 

4.460 Convenience use. 

"Convenience use" means retail commercial uses which have relatively high traffic 

generation rates per one thousand square feet compared to other commercial uses. A use is 

designated as a convenience use if method of operation includes one or more of the following 

characteristics: 

A. Retail motor fuel is sold; 

B. The primary business is the sale of food or drink for consumption, either on or off 

premises, over a counter, or from an outdoor service window or automobile service window. Of 

the food or drink sold, at least twenty percent (20%) is in disposable or carry-out containers; 

C. Drive-in and drive-through restaurants. 


4.470 Day care center. 

"Day care center" means a place in which supplemental parental care is provided to thirteen 

or more children on a regular basis and which is licensed by the department of family services. 

4.480 Day care home, family. 

"Family day care home" means a private residence in which supplemental parental care is 

provided to three to six children from separate families on a regular basis and which is registered 

by the department of family services. 

4.490 Day care home, group. 

"Group day care home" means a private residence in which supplemental parental care is 

provided to seven to twelve children on a regular basis and which is registered by the department 

of family services. 

4.500 Density, gross. 

"Gross density" means the number of residential dwelling units per unit of land. 

4.510 Density, net residential. 

"Net residential density" means the number of residential dwelling units per unit of land, 

excluding any land used or to be used as arterial streets rights-of-way or private nonresidential 

uses. For calculating net residential density, the following formula shall apply: 

D = du . 

A-(c+i+s+a) 

Where: 

D = residential density 

du = total number of dwelling units in project 

A = total site area (acres) 

c = total commercial land area (acres) 

i = total industrial land area (acres) 

s = reserved but undedicated school or park sites (acres) 

a = Street rights-of-way (acres) 

4.515 Design review. 

"Design review" means the aesthetic evaluation of certain development proposals, including 

those located in the entryway overlay district, and all planned unit developments, relative to 

architectural, site, landscape, environmental, urban, and other design matters as specified in this 

title. 

4.530 Development. 

"Development" means any man made change to improve or alter real estate, including but not 

limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or 

drilling operations. 


4.550 Deviation. 

"Deviation" means a special exception to modify the physical standards of this regulation as 

applied to a specific piece of property located within the entryway corridor overlay district. A 

deviation may be permitted only by the commission. 

Amended Resolution 2001-09 

4.560 Drive access. 

"Drive access" means that area between the curb of a street, or edge of the traveled portion of 

a street when no curb exists, and the right-of-way/property line over which the county will 

permit vehicular travel from the traveled portion of a street to an individual property, or off-street 

parking space(s). 

4.570 Drive-in business. 

"Drive-in business" means any business in which people are provided a service or a product, 

where a sale is made without the customer being required to leave the vehicle. Such businesses 

include, but are not limited to, the following: drive-in theater, drive-in bank, freestanding 

automated teller machine, drive-in laundry or dry cleaning pickup station, drive-in restaurant, 

and any business offering take-home food services. 

4.580 Duplex. 

See definition of dwelling, two-family, section 4.610. 

4.590 Dwelling. 

"Dwelling" means a building, or portion thereof, capable of meeting the requirements of the 

city of Bozeman's adopted Uniform Building Code, used primarily for residential occupancy, 

including single-family, two-family, multiple-family dwellings and group homes, but not 

including hotels, motels or tourist homes. 

4.600 Dwelling, single-family. 

"Single-family dwelling" means a building used for residential occupancy by one family. 

4.610 Dwelling, two-family. 

"Two-family dwelling" means a building, or portion thereof, used for occupancy by two 

families living independently of each other with the units completely separated by a common 

wall, floor and/or ceiling. Also referred to as "duplex." 

4.620 Dwelling, multiple (multifamily). 

"Multiple (multifamily) dwelling" means a building, or portion thereof, used for occupancy 

by three or four families living independently of each other, with the units completely separated 

by a common wall, floor and/or ceiling. 

4.630 Dwelling unit. 

"Dwelling unit" means a dwelling, or portion of a dwelling, used by one household for 

residential purposes. 


4.640 Essential services (Type I). 

"Essential services (Type I)" means water pumping stations; stormwater drainage facilities 

(including collection lines, retention/detention ponds and drainage ways); sanitary sewer and 

storm sewer lift stations; local service telephone lines and cables; local service electrical 

distribution lines and cables; local service cable television lines; local service electronic data 

transmission lines and cables; water and sanitary sewer distribution and collection lines; public 

and amateur radio antennae and towers. 

4.650 Essential Services (Type II). 

"Essential Services (Type II)" means transport gas, oil and coal pipelines (interstate and 

intrastate); electric substations; electrical transmission lines (interstate and intrastate); public 

supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm 

sewer); public domestic water storage facilities; water fill stations for firefighting equipment; 

telephone satellite community dial offices; telephone exchanges and repeater stations, except those 

facilities which may be considered Large Scale Broadcast Facilities and Small Scale Broadcast 

Facilities; other accessory facilities, equipment and structures; police and fire stations. 

4.655 FAA. 

"FAA" means the Federal Aviation Administration. 

4.660 Family. 

"Family" means any individual, or two or more persons related by blood or marriage, or a group 

of not more than four persons (excluding servants) who need not be related by blood or marriage, 

living together as a single nonprofit housekeeping unit. 

4.665 FCC. 

"FCC" means the Federal Communications Commission. 

4.670 Fence. 

"Fence" means a barrier constructed of materials erected for the purpose of protection, 

confinement, enclosure or privacy. 

4.680 Final approach and take off area (FATO). 

"Final approach and take off area (FATO)" means a defined area over which the final phase 

of the approach maneuver to hover or landing is completed and from which the takeoff maneuver 

is commenced. 

4.690 Floodplain. 

All floodplain- related definitions can be found in Section 44, Flood Hazard District, of this 

code. 

4.700 Floor area, gross. 

"Gross floor area" means the sum of the gross horizontal areas of the several floors of a 

building measured from the exterior face of exterior walls, or from the centerline of a wall 

separating two buildings., but not including interior parking spaces, loading space for motor 

vehicles, or any space where the floor-to-ceiling height is less than six feet. 


4.710 Floor area, net. 

"Net floor area" means the total of all floor areas of a building, excluding stairwells and 

elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the 

first or ground floor, except when used or intended to be used for human habitation or service to 

the public. 

4.720 Floor area ratio (FAR). 

"Floor area ratio (FAR)" means the gross floor area expressed in square feet divided by the 

total amount of land of the site or parcel, also expressed in square feet, where the floor area is 

located. 

4.730 Garage, private. 

"Private garage" means a detached accessory building, or portion of a main building, 

designed or primarily used for the storage of self-propelled vehicles for the family housed in the 

building to which such garage is accessory. 

4.740 Garage, public. 

"Public garage" means any building or premises, except those defined herein as a private 

garage, used for the storage or care of motor vehicles; or where such vehicles are equipped for 

operation, repaired, or kept for rental, hire or sale. 

4.750 Grade. 

"Grade" means the lowest point of elevation of the finished surface of the ground. "Finished 

surface of the ground" shall not include window wells, stairwells, or other similar features, but 

shall include features such as usable patio areas. 


4.760 Greenhouse. 

"Greenhouse" means a building or structure constructed chiefly of glass, glass-like 

translucent material, cloth, lath or similar materials which is devoted to the protection or 

cultivation of flowers or other plants. 

4.770 Greenhouse, commercial. 

See definition of nursery, plant, section 4.1200. 

4.780 Ground floor area. 

"Grand floor area" means the square foot area of a building within its largest outside 

dimension computed on a horizontal plane at the ground floor level, exclusive of open porches, 

breezeways, terraces, garages, exterior stairways and secondary stairways. 


4.790 Group home. 

"Group home" means a single, residential structure having common kitchen facilities 

occupied by not more than eight persons living together for the purpose of training, observation, 

and/or common support on a twenty-four-hour per day basis. The limitation of eight or fewer 

persons does not include the operator of a residential facility, members of the operator's family 

or persons employed as staff, except that the total number of all persons living at the residential 

facility shall not exceed ten. 

4.795 Growth policy plan. 

“Growth policy plan” means the Gallatin County Plan and the 1990 Bozeman Area Master 

Plan Update neighborhood plan revision to the Gallatin County Plan; and any subsequent 

amendments or revisions adopted in accordance with 76-1-601 et seq., MCA. 


4.800 Guest house. 

"Guest house" means an attached or detached accessory building used to house guests of the 

occupants of the principal building, and which is never rented or offered for rent. Any guest 

house providing cooking facilities shall be considered a dwelling unit. 

4.810 Health and exercise establishments. 

"Health and exercise establishments" means an establishment designed and equipped for the 

conduct of sports, exercise activities, and other customary and usual recreational activities, 

including tennis, racquetball, handball and squash courts, weight and aerobic exercise rooms, 

running facilities, swimming pools, and whirlpool and sauna facilities. Permitted accessory uses 

shall include child care, sun tanning booths, massage, health and nutrition counseling services, 

retail sales of sporting goods, and restaurant services. 

4.820 Home occupation or profession. 

"Home occupation or profession" means any use conducted entirely within a dwelling, which 

use is clearly incidental and secondary to the use of the dwelling for residential purposes and 

which meets the requirements of this title. 

4.830 Hospital. 

"Hospital" means an institution for the diagnosis, treatment, or other cure of human ailments 

and includes sanitarium or clinic, provided such institution is operated by, or treatment is given, 

under direct supervision of a physician licensed to practice by the state of Montana. 

4.840 Hotel or motel. 

"Hotel or motel" means a building or a group of buildings, in which lodging is provided and 

offered to transient guests for compensation; shall not include a boarding house, lodginghouse or 

roominghouse. 

4.850 Incidental. 

"Incidental" means any action or use of less importance, or secondary to, any other action or 

use. 


4.860 Industry, heavy. 

"Heavy industry" means those industries whose processing of products results in the 

emission of any atmospheric pollutant, light flashes, or glare, odor, noise or vibration which may 

be heard and/or felt off the premises and those industries which constitute a fire or explosion 

hazard. 

4.870 Industry, light. 

"Light industry" means those industries whose processing of products results in none of the 

conditions described for heavy industry. 

4.880 Junkyard. 

"Junkyard" means any place at which personal property is or may he salvaged for reuse, 

resale, or reduction or similar disposition and is owned, possessed, collected, accumulated, 

dismantled or sorted, including but not limited to: use of salvaged base metal or metals, their 

compounds or combinations; used or salvaged rope, bags, rags, glass, rubber, lumber, millwork, 

brick, automobiles and similar property which are used, owned or possessed for the purpose of 

wrecking or salvaging parts therefrom. 

4.885 Large Scale Broadcast Facility. 

"Large Scale Broadcast Facility" means a facility, twenty feet (20’) or greater in height from 

the base to the highest point including attachments, designed and constructed specifically to 

support one or more antennae and may include a monopole, self supporting (lattice) tower, guywire 

supported tower, and other similar structures and/or a facility broadcasting in the 

electromagnetic spectrum with 1,000 watts or greater Effective Radiated Power. When calculating 

the height of a facility, other structures designed for other uses such as office buildings or water 

towers shall not be included in the calculation. 

4.890 Loading and unloading bays. 

"Loading and unloading" bays means the off-street area required for the receipt of or 

distribution, by vehicles, of material or merchandise. 

4.900 Lodginghouse. 

"Lodginghouse" means a building with more than two but not more than ten guest rooms 

where lodging with or without meals is provided for compensation. Also referred to as a 

boardinghouse. 

4.910 Lot. 

"Lot" means a piece, parcel, plot, tract or area of land occupied or capable of being occupied 

by one or more principal buildings, and the accessory buildings or uses customarily incidental to 

them, and including the open spaces required under this title, and having its principal lot frontage 

on a street. 

4.920 Lot area. 

"Lot area" means the total horizontal area within the boundary lines of a lot. 


4.930 Lot, corner. 

A lot at a junction of and fronting on two or more intersecting streets. 

4.940 Lot, interior. 

A lot other than a comer or through lot. 

4.950 Lot, through. 

A lot having frontage on two parallel or approximately, parallel streets. 


The percentage of the lot area covered by buildings. 

4.970 Lot depth. 

The horizontal distance of a line measured at a right angle to the front lot line and running 

between the front lot line and rear lot line of a lot. 

4.980 Lot line, front. 

In the case of an interior lot, a line separating the lot from the street. In the case of a corner 

lot, a line separating the narrowest street frontage of the lot from the street and in the case of a 

through lot, a line separating the lot from the street from which a drive access may be permitted 

by the county. 

4.990 Lot line, rear. 

A lot line which is opposite and most distant from the front lot line and, in the case of an 

irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the 

maximum distance from the front lot line. 

4.1000 Lot line, side. 

Any lot boundary line not a front lot line or a rear lot line. 

4.1010 Lot line, zero. 

A concept utilized to permit a wall of a building to be located on a property line. 

4.1020 Lot width. 

The distance as measured in a straight line, between side lot lines at the points of intersection 

with the required front building line. 

4.1030 Manufactured home. 

Factory built single-household dwelling units certified as meeting the National Manufactured 

Housing Construction and Safety Standards of the U.S. Department of Housing and Urban 

Development (HUD Code). 


4.1040 Manufacturing. 

The creation of products either with machinery or by hand according to an organized plan 

and with the division of labor. 


4.1050 Manufacturing, light. 

Fabrication of and/or assembly of goods from previously prepared materials. 

4.1060 Master plan. 

See Growth policy plan, section 4.795. 


4.1070 Medical offices, clinics and centers. 

An establishment where patients are admitted for special study and treatment by licensed 

health care professionals. 

4.1080 Mining. 

The extraction of sand, gravel, or other material from the land in the amount of four hundred 

cubic yards or more and the removal thereof from the site without processing. 

4.1090 Mobile homes. 

"Mobile home" means a factory-assembled structure or structures, exceeding eight feet (8’) 

in width, originally equipped with the necessary service connections and originally made so as to 

be readily movable as a unit or units on its (their) own running gear and designed to be used as a 

dwelling unit(s) without a permanent foundation, whether or not the running gear has been 

removed. 


4.1100 Mobile home park. 

"Mobile home park" means any plot of ground upon which two or more mobile homes, 

occupied or intended to be occupied for dwelling or sleeping purposes, are located. 

4.1110 Mobile home space. 

"Mobile home space" means a plot of ground within a mobile home park designed for the 

accommodation of one mobile home. 

4.1120 Mobile home stand. 

"Mobile home stand" means that portion of an individual mobile home space which has been 

reserved for the placement of a mobile home and structures or additions appurtenant to the 

mobile home. 

4.1130 Mobile office. 

"Mobile office" means a factory-assembled structure or structures exceeding eight feet (8’) in 

width, originally equipped with the necessary service connections, and originally made so as to 

be readily movable as a unit or units on its (their) own running gear and designed to be used as 

an office without a permanent foundation, in compliance with all applicable state regulations, 

whether or not the running gear has been removed. 

4.1140 Model home. 

"Model home" means a home constructed to display a builder's for sale or lease units but 

which does not serve as a dwelling unit until sold as a residence. 


4.1150 Modular or sectional home. 

"Modular or sectional home" means a dwelling unit mass produced in a factory, designed and 

constructed for transportation to a site for occupancy when connected to the required utilities and 

when permanently anchored to a permanent foundation, and whether intended for use as an 

independent, individual unit or in combination with other units to form a larger building. 

4.1160 New construction. 

"New construction" means development commenced on or after the effective date of the 

regulation codified in this title. 

4.1170 Noxious matter or material. 

"Noxious matter or material" means material capable of causing injury to living organisms 

by chemical reaction or capable of causing detrimental effects on the physical or economic wellbeing 

of individuals. 

4.1180 Nonconforming use. 

See definition of use, nonconforming, section 4.1700. 

4.1190 Nursing home. 

"Nursing home" means an extended or intermediate care facility licensed or approved to 

provide fulltime convalescent or chronic care to individuals who, by reason of advanced age, 

chronic illness or infirmity, are unable to care for themselves. 

4.1200 Nursery, plant. 

"Plant nursery" means facilities for commercial development, growth and sale of plants 

and/or for the utilization of and storage of equipment for landscaping operation and wholesale 

and/or retail or commercial gardening supplies. 

4.1210 Offices. 

"Offices" means structures, or portions of structures, in which commercial activities take 

place but where goods are not produced. sold or repaired. These include: general and 

professional offices; governmental offices; insurance offices; real estate offices taxi-cab offices 

(but not taxi stands); travel agency or transportation ticket offices; telephone exchange; utility 

offices; radio broadcasting and similar uses. 

4.1220 Open sales (or rental) lot. 

"Open sales (or rental) lots" means any land used or occupied for the purpose of buying, 

selling or renting for use away from the premises, any goods, materials or merchandise, and for 

the exterior storing of same prior to sale or rental. 

4.1230 Open space, useable. 

That space which is capable of being used by the public for recreation, relaxation and social 

purposes. Parking lots and perimeter landscaping are specifically excluded from this definition 

of useable open space. 


4.1240 Overlay zone. 

"Overlay zone" means a zone superimposed upon an underlying zone which establishes 

special requirements in addition to, or in lieu of, those of the underlying zone. 

4.1250 Parking area. 

"Parking area" means an area, other than a street or alley designated for use, or used, as 

temporary parking of vehicles. 

4.1260 Parking space, off-street. 

"Parking space, off-street" means a space designated for the temporary parking of a motor 

vehicle not on the right-of-way or alley but accessible from a street or alley. 

4.1270 Party wall. 

"Party wall" means any wall of a building or structure which is common to two or more 

buildings, and which has a minimum of one-hour fire-resistant construction as defined and 

regulated by the latest adopted Uniform Building Code. 

4.1280 Paved parking space or surface. 

"Paved parking space or surface" means an area covered by an impervious dust free surface 

of asphalt or concrete designed to specifications of the road and bridge superintendent. 

4.1290 Personal and convenience services. 

"Personal and convenience services" means businesses offering services such as barbershops, 

beauty shops, shoe repair, laundromats, laundry and dry cleaning pickup and delivery stations, 

and similar uses. 

4.1300 Persons. 

"Persons" means and includes any individual or group of individuals, corporations, 

partnerships, associations, or any other organized group of persons, including state and local 

governments and agencies thereof. 

4.1310 Planning director. 

"Planning director" means the director of the Gallatin County Planning Department and the 

person charged with the administration of this title. 

4.1320 Property, personal. 

"Personal property" means property, other than real property, consisting of things temporal 

and movable. 

4.1330 Property, real. 

"Real property" means property consisting of buildings and/or land. 


4.1340 Recreational vehicle. 

"Recreational vehicle" means a vehicular type portable structure without permanent 

foundation, which can be towed, hauled or driven primarily designed as temporary living 

accommodation for recreational, camping and travel use and including but not limited to travel 

trailers, truck campers, camping trailers and self-propelled motor homes ' less than eight feet in 

width and thirty-three feet in length. 

4.1350 Recreational vehicle park. 

"Recreational vehicle park" means a plot of ground upon which two or more sites are located, 

established or maintained for occupancy by the general public as temporary living quarters for 

travel, recreation or vacation purposes. 

4.1360 Research laboratory. 

"Research laboratory" means an establishment or facility for carrying on investigation in the 

natural, physical or social sciences, or engineering and development as an extension of 

investigation with the objective of creating end products. 

4.1370 Restaurant. 

"Restaurant" means any restaurant (except a drive-in restaurant or a convenience food 

restaurant as defined in this section), coffee shop, cafeteria, short-order cafe, luncheonette, 

sandwich stand, drugstore, and soda fountain serving food. 

4.1380 Retail. 

"Retail" means the sale of tangible personal property for any purpose other than for resale. 

4.1390 Right-of-way. 

A public way established or dedicated for public purposes by duly recorded plat, deed, grant, 

governmental authority or by operation of the law. 

4.1400 School. 

"School" means 1) any pre-primary, primary or grammar, public, parochial or private school, 

high school; 2) preparatory school or academy, public or founded, or owner or conducted by or 

under the sponsorship of a religious or charitable organization; 3) private preparatory school or 

academy furnishing courses of instruction substantially equivalent to the courses offered by 

public high schools for preparation of admission to college or universities which award B.A. or 

B.S. degrees; 4) junior college or university, public or founded or conducted by or under the 

sponsorship of a religious or charitable organization; or 5) private school when not conducted as 

a commercial enterprise for the profit of individual owners or stockholders. 

4.1410 Screening. 

"Screening" means a solid or nearly solid barrier (i.e., wall, fence, plantings) constructed or 

installed for the purpose of visual separation. 


4.1420 Setback line. 

"Setback line" means that line that is required minimum distance from the street right-of-way 

or public access easement line or any other lot line that establishes the area within which 

structures must be placed, as specified in this code. 

4.1430 Sewer, public. 

"Public sewer" means any sanitary sewer line owned and maintained by the city, whether or 

not installed by the city. 

4.1440 Sewer system, community. 

"Community sewer system" means any sanitary sewer system, whether treatment plant, 

septic tank or lagoon designed with a sewer collection system to be used by a legally constituted 

association of properly owners. The system may or may not be a public system. 

4.1450 Sign. 

Sign-related definitions can be found in Section 65, sign code, of this title. 

4.1460 Site plan. 

"Site plan" means a scale drawing showing the accurate location of all structures, streets, 

alleys, and parking areas existing and proposed on subject property or any other information as 

may be required by this title. 

4.1465 Small Scale Broadcast Facility. 

"Small Scale Broadcast Facility" means a facility, less than twenty feet (20’) in height from the 

base to the highest point including attachments, designed and constructed specifically to support 

one or more antennae and may include a monopole, self supporting (lattice) tower, guy-wire 

supported tower, and other similar structures and/or a facility broadcasting in the electromagnetic 

spectrum with less than 1,000 watts Effective Radiated Power. When calculating the height of a 

facility other structures designed for other uses such as office buildings or water towers shall not be 

included in the calculation. This definition excludes private, receive only, antennae such as for the 

reception of television signals. 

4.1470 Spa. 

See definition of health and exercise establishments, section 4.810. 

4.1475 Special exception. 

A deviation from the physical standards of this regulation as applied to a specific piece of 

property located within the entryway corridor overlay district. Special exceptions may not be 

granted to permitted uses of property. 


4.1480 Stable, private. 

"Private stable" means any building located on a lot which is designed, arranged, used or 

intended to be used for not more than four horses for the private use of the owner of the lot, but 

shall not exceed six thousand (6,000) square feet in area. 


4.1485 Stealth or Camouflaged. 

"Stealth" or "Camouflaged" means placement of a telecommunications facility in such a way 

that it may not be discerned as being separate from the principal use of a site. This may be 

accomplished through visual screening, use of color, or encasement of the facility within an 

existing structure such as a steeple. A stealth installation may also include the placement of a new 

structure to contain the facility so long as the new structure complies with the height, setback, and 

other requirements of the zoning code or is otherwise exempt from those requirements. 

4.1490 Street. 

"Street" means a right-of-way, other than an alley, dedicated or otherwise legally established 

for public use, usually affording the principal means of access to abutting property. 

4.1500 Street, arterial. 

"Arterial street" means a street so designated in the Gallatin County Plan. 

4.1510 Street, collector. 

"Collector street" means a street so designated in the Gallatin County Plan. 

4.1520 Street, local. 

"Local street" means a street designed to provide vehicular access to abutting properties and 

to discourage through traffic. 

4.1530 Street frontage. 

"Street frontage" means any property line separating a lot from a street; the front lot line. 

4.1540 Street, public. 

"Public street" means any street which has been dedicated or is otherwise publicly owned. 

Any street not a public street shall be deemed a private street. 

4.1550 Structure. 

"Structure" means anything constructed or erected which requires location on the ground. 

4.1560 Structure, nonconforming. 

"Nonconforming structure" means any structure which was legal prior to the effective date of 

the regulation codified in this section which fails to comply with the building location standards, 

and/or size requirements of the applicable zone of this title in which it is located. 

4.1570 Structural alteration. 

"Structural alteration" means any change in the supporting members of a building, such as 

bearing walls or partitions, columns, beams, or girders, or any change in the exterior walls or the 

roof. 

4.1580 Subdivision or development construction yard. 

"Subdivision or development construction yard" means a temporary office and/or vehicular 

and material storage yard. 


4.1590 Swap meet. 

"Swap meet 'means any permanent or temporary sales or lot where the sale or trade of goods, 

materials and merchandise takes place outside any permanent structure, from within temporary 

structures or from vehicles and where several sellers or traders may congregate for the purpose 

of selling or trading. 

4.1600 Swimming pools. 

"Swimming pool" means either a portable or permanent water container used for recreational 

purposes which at its deepest point is over eighteen inches and has a volume in excess of one 

hundred fifty cubic feet of water. 

4.1605 Tower. 

"Tower" means a structure greater than ten feet in height designed and constructed specifically 

to support one or more antennae and may include a monopole, self supporting (lattice) tower, guywire 

supported tower, and other similar structures. A tower does not include other buildings or 

structures designed for other uses such as a tall office building or water tank. 

4.1610 Townhouse. 

"Townhouse" means a single-family dwelling constructed as part of a series of dwellings, all 

of which are either attached to the adjacent building and/or buildings by party walls, or are 

located immediately adjacent thereto without any visible separation between walls or roof, all of 

which dwellings may be located on individual and separate lots, if individually owned, or upon a 

single lot, if under common ownership. 

4.1620 Townhouse cluster. 

"Townhouse cluster" means a building consisting of three or more noncommunicating, 

attached one family units placed side by side and/or back to back, with no unit located over 

another, and having a common wall between each two adjacent dwelling units. 

4.1630 Truck service station. 

"Truck service station" means an occupancy which provides especially for the servicing of 

trucks, with incidental operations similar to those permitted for automobile ' service stations. 

4.1640 Truck stop. 

A. "Truck stop" means a facility for the servicing of diesel powered trucks and tractor 

trailers. A truck stop shall mean any one or more of the following: 

1. Four or more diesel fuel dispensers; 

2. Two or more bays for truck washing; 

3. Facilities for diesel engine repair. 

B. Other uses present at the same facility such as convenience markets or restaurants shall 

not be determinative of whether or not the facility is a truck stop. 

4.1650 Truck washing establishment. 

"Truck washing establishment" means a facility designed to primarily serve to semi-trailer 

and tractor travel as a place to have such vehicles cleaned. 


4.1660 Unit, efficiency. 

"Efficiency unit" means a dwelling unit containing only one habitable room as defined and 

regulated by the latest adopted Uniform Building Code. 

4.1670 Use. 

"Use" means the employment or occupation of a building, structure or land for a person's 

service, benefit or enjoyment. 

4.1680 Use, accessory. 

See definition of accessory building or use, section 4.030. 

4.1690 Use, conditional. 

"Conditional use" means either a public or private use as listed in this title which, because of 

its unique characteristics, cannot be properly classified as a principal use or accessory use in a 

particular district. After consideration in each case of the impact of such use upon neighboring 

land and of the public need for the particular use at the particular location, a permit for such 

conditional use may or may not be granted, with or without conditions, in addition to any 

condition specifically stated in this title for any particular conditional use, including time limits, 

pursuant to the requirements of this title. 

4.1700 Use, nonconforming. 

"Nonconforming use" means an existing use of land or building which was legal prior to the 

effective date of the regulation codified in this title but which fails to comply with the 

requirements set forth in this title applicable to the zone in which such use is located. 

4.1710 Use, permitted. 

"Permitted use" means a use which is lawfully established in a particular district or districts 

and which conforms with all requirements, regulations, and performance standards of such 

district. A permitted use may be a principal use, an accessory use, or a conditional use. 

4.1720 Use, principal. 

"Principal use" means a use or structure which determines the predominant or major use of 

the lot on which it is located. The principal use shall be that use which establishes the character 

of the property relative to surrounding or adjacent properties. 

4.1730 Use, temporary. 

"Temporary use" means a use established for a fixed period of time with the intent to 

discontinue such use upon the expiration of the time period. 

4.1740 Variance. 

"Variance" means a modification or variation of the provisions of this title as applied to a 

specific piece of property. No variance regarding use of property shall be permitted. Variance 

may be permitted only by the board of adjustment or commission. 


4.1750 Variance, dimensional. 

"Dimensional variance" means departure from the terms of the zoning regulations pertaining 

to height or width or structures and size of yard and open spaces where such departure will not 

be contrary to the public interest and where, owing to conditions peculiar to the property because 

of its size, shape or topography, and not as a result of the action of the applicant, the literal 

enforcement of the zoning regulations would result in unnecessary and undue hardship. 

4.1760 Veterinary clinic. 

See definition of animal hospital, Section 4.100. 

4.1770 Warehouse. 

"Warehouse" means an enclosed building designed and used primarily for the storage of 

goods and materials. 

4.1780 Warehouse, residential storage (mini-warehouse). 

"Residential storage warehouse (mini-warehouse)" means a building or group of buildings in 

a controlled access and fenced or screened compound that contains relatively small storage 

spaces of varying sizes and/or spaces for recreational vehicles or boats, having individual, 

compartmentalized and controlled access for the dead storage of excess personal property of an 

individual or family generally stored in residential accessory structures, when such building or 

group of buildings are not located on the lot of the residence. 

4.1790 Watercourse. 

"Watercourse" means any natural stream, river, creek, drainage, waterway, gully, ravine or 

wash in which water flows either continuously or intermittently and has a definite channel, bed 

and banks, and includes any area adjacent thereto subject to inundation by reason of overflow. 

The term watercourse shall not be construed to mean any facility created exclusively for the 

conveyance of irrigation water. 

4.1800 Wholesale establishment. 

"Wholesale establishment" means an establishment for the sale of goods and merchandise for 

resale instead of for direct consumption. 

4.1810 Wrecking yard. 

"Wrecking yard" means a place, lot or area where the primary function is that of dismantling, 

storage, abandonment or sale of goods and materials as parts or scraps. 

4.1820 Yard. 

"Yard" means a space on the same lot with a principal building, which is open and 

unoccupied from the ground upward or from the ground downward other than by steps, walks, 

terraces, driveways, lamp posts and similar structures, and unobstructed by structures, except as 

otherwise provided in this title. 


4.1830 Yard, corner side. 

"Corner side yard" means a yard on a corner lot, the area of which is bounded by a line 

extending from the front of the principal building (the front building line) to a point intersecting 

the side street right-of-way line (side lot line), then along the side lot line to a point intersecting 

the rear lot line, then along the rear lot line to a point intersecting the line formed by extending 

the wall of the nearest principal building paralleling the side lot line. 

4.1840 Yard, front. 

"Front yard" means a yard extending across the full width of the lot between two side lot 

lines the depth of which is the least distance between the street right-of-way and the front 

building line. 

4.1850 Yard, rear. 

"Rear yard" means a yard extending across the full width of the lot between the two side lot 

lines and between the rear line and a parallel line tangent to the rear of the principal building and 

the depth of which is the least distance between the rear lot line and the parallel line. 

4.1860 Yard, required. 

"Required yard" means the minimum dimension of a front, side or rear yard as established by 

the use regulations for each district. See also definition of building line, required, sections 4.270 

through 4.290. 

4.1870 Yard, side. 

"Side yard" means a yard extending between the front building line and the rear building line, 

the width of which is the least distance between the side lot line and the nearest part of the 

principal building. 

4.1880 Zoning map. 

A map or maps with all notations, dimensions, references and symbols shown thereon 

depicting individual zoned districts in accordance with this title. 


Section 6 

ZONING DISTRICTS AND ZONING MAP 

Sections: 

6.010 Use districts designated Zoning map adopted. 

6.020 Official map-Availability, certification and authority - Changes. 

6.030 Official map-Replacement conditions. 

6.040 Boundary interpretation guidelines. 

6.060 Classification of particular uses - Planning director and commission 

authority. 

6.010 Use districts designated-Zoning map adopted. 

A. The Gallatin County / Bozeman Area Zoning District is divided into zones, or districts, as 

shown on the official zoning maps which, together with all explanatory matter thereon, are 

adopted by references and declared to be a part of this title. 

B. For the purpose of this title, the Gallatin County / Bozeman Area Zoning District is divided 

and classified into the following use districts: 

A-S Agricultural Suburban District 

R-S Residential Suburban District 

R-1 Residential Single-Family, Low Density District 

R-2 Residential Single-Family, Medium Density District 

R-2a Residential Single-Family, Medium Density District 

R-3a Residential Two-Family, Medium Density District 

R-3 Residential Medium Density District 

R-4 Residential High Density District 

R-O Residential Office District 

B-1 Neighborhood Business District 

B-2 Community Highway Business District 

M-1 Light Manufacturing District 

M-2 Manufacturing and Industrial District 

BP Business Park District 

PLI Public Lands and Institutions District 

EO Entryway Overlay District 

FH Flood Hazard Overlay District (refer to Federal Insurance Rate Maps) 

R-MH Residential-Mobile Home District. 

6.020 Official map-Availability, certification and authority - Changes. 

A. The official maps shall be available in the office of the Gallatin County Clerk and Recorder 

and shall bear certificate with the signature of the Chairman of the Gallatin County Commission 

attested by the clerk and recorder the date of adoption of the regulation codified in this title. 


B. If any changes to the map are made by amendment of this title in accordance with Section 55 

hereof, such changes shall be made to the official zoning maps and signed, dated and certified 

upon the map or upon the material attached thereto. 

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 Gallatin County Clerk 

and Recorder’s offices shall be the final authority as to the current zoning status of land and 

water areas, buildings, and other structures in the zoning jurisdiction. 

6.030 Official map-Replacement conditions. 

A. In the event that the official zoning maps become damaged, destroyed, lost or difficult to 

interpret because of the nature or number of changes or additions thereto, the commission may 

adopt and certify new official zoning maps which shall supersede the prior official zoning maps. 

The new official zoning maps may correct drafting or other errors or omissions in the prior map, 

but no such corrections shall have the effect of amending the original official zoning maps or any 

subsequent amendment thereof. 

B. The new official zoning maps shall be identified by signature of the Chairman of the Gallatin 

County Commission attested by the clerk and recorder. 

6.040 Boundary interpretation guidelines. 

A. Where uncertainly 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(s); 

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

shall be construed to follow such centerlines; 

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 may be 

subject to appeal to the board of adjustment. 

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

parcel shall be deemed to have only the characteristics and uses of the most restrictive district 

that any part of the lot or parcel rests within. 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. 

6.060 Classification of particular uses-Planning director and 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, 

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 title nor the intent of the district will be abrogated by such 

classification. 

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

director may submit the question to the 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 commission shall find that the criteria set forth in either 

subsection A.1 or A.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 permitted or conditional use, the use shall not be allowed. 

However, a zoning code amendment may be submitted for review and approval pursuant to the 

requirements of this title to allow such use as a listed permitted or conditional use. 




Section 8 

APPLICATION OF REGULATIONS 

Sections: 

8.010 Application of regulations. 

8.020 Compliance with zoning regulations required. 

8.030 Area requirements for individual buildings Restrictions. 

8.040 Yards and lots-Reduction prohibited. 



The regulations set by this title shall be minimum regulations and all regulations as categorized 

shall apply uniformly to each class or kind of structure or land and particularly the regulations 

which follow. 

8.020 Compliance with zoning regulations required. 

No building, structure or land shall hereafter be used or occupied, and no building, structure or 

part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, 

and no development shall commence unless it is in conformity with all of the regulations herein 

specified for the district in which it is located. 

8.030 Area requirements for individual buildings-Restrictions. 

No part of any yard, or other open space, or off-street parking or loading space required about or 

in connection with any building for the purpose of complying with this title, shall be included as 

part of a yard, open space, or off-street parking or loading space similarly required for any other 

building except as provided in Section 47 of this title. 

8.040 Yards and lots-Reduction prohibited. 

No yard or lot existing at the time of adoption of the regulation codified in this title shall be 

reduced in dimension or area below the minimum requirements of said regulation except as set 

forth herein. Yards or lots created after the effective date of said regulation shall meet at least 

the minimum requirements established by this title. 




Sections: 

10.010 Intent. 

10.020 Permitted uses. 

10.030 Lot area and width. 


10.050 Yards. 

10.060 Building height. 

10.070 Animal enclosure setbacks. 

Section 10 

A-S AGRICULTURE SUBURBAN DISTRICT 


The intent of the A-S agriculture suburban district is to encourage cluster development so that 

areas of agriculture and areas of environmental concern are preserved. It is intended that through 

the use of this district, agricultural pursuits and/or open space will be preserved and 

environmental pursuits and/or open space will be preserved and environmental concerns, such as 

high water table and floodplains, will be protected. For the purpose of MCA 76-2-209, the 

County Commission has determined that the AS Agricultural Suburban district is residential in 

nature. 

Amended County Commission Resolution 2007-037 

A-S agriculture suburban districts which are depicted as "rural residential nodes" in the 1990 

Bozeman Area Master Plan Update neighborhood plan revision to the Gallatin County Plan are 

areas lying outside of the urban growth area where residential patterns have been established. 

These areas are intended to be infilled, and development may continue at one dwelling unit per 

acre, or at the maximum density allowed by State Department of Health regulations. Rural 

residential nodes are intended to discourage unreviewed divisions of land and ease development 

pressures on agricultural land. 


Permitted uses in the A-S district are as follows: 

A. Principal Uses. 

Agricultural activity 

Dwelling, single family 

Dwelling, single family manufactured home on permanent foundation (see Section 48) 

Essential services (Type I) 

Day care home, family 

Day care home, group 

Nursery, plant 

Public parks 



B. Conditional Uses. 

Airfield, personal use 

Bed and breakfast homes 

Churches 

Community residential facilities 

Day care centers 

Essential services (Type II) 

Golf courses 

Group homes 

Hunting and fishing clubs 

Public and private parks and playgrounds 

Veterinary uses 

Recreational vehicle parks and campgrounds 

Residence for owner or caretaker of recreational vehicle parks and campgrounds 

Sand and Gravel Mining Operation 

Schools 

Temporary sales and office buildings 

Any use approved as part of a planned unit development subject to provisions of Section 54 


C. Accessory Uses. 

FCC earth stations 

Fences 

Greenhouses 

Guesthouses 

Home occupations 

On-premise sale of products produced thereon 

Private garages 

Private or jointly owned community center recreation facilities, pools, tennis courts and spas 

Signs, subject to Section 65 

Single-family or multifamily dwellings to house employees working on the farm or ranch 

Temporary buildings and yards incidental to construction work 

Tool sheds for storage of domestic supplies. 

Other buildings and structures typically accessory to residential and agricultural uses. 


A. Standard Development Option. Minimum lot area in the A-S district shall be twenty (20) 

acres, with a lot width not less than six hundred sixty feet (660’). 

B. Cluster Development Option. 

1. This option is intended to encourage land reassemblage and cluster development, or other 

planned development meeting the intent of the rural residential land use classification of 

the 1990 Bozeman Area Master Plan Update neighborhood plan revision to the Gallatin 

County Plan. 

2. For developments using this option density bonuses over the one dwelling unit per twenty 

acres may be permitted where the land to be subdivided consists of at least twenty-five 


acres, and where the average net size of residential lots is limited to not more than one 

acre, thereby maximizing the amount of land remaining in agricultural production or 

open space. 

3. Any development using the cluster development option shall be subject to the 

requirements of Figure 10.030, Cluster Density Bonuses. However, additional density 

bonuses may be available where the proposed development enhances and/or preserves 

identified community interests such as wildlife habitat, open space corridors, ridge lines 

or riparian areas. 

Figure 10.030 

Cluster Density Bonuses 

Number of dwelling units permitted based on size of tract to be developed (in acres). 

Acres 20 25 30 35 40 44 48 52 56 60 

Dwelling Units 1 2 3 4 5 6 7 8 9 10 

Acres 64 68 72 76 80 Continued as a Straight 

Dwelling Units 11 12 13 14 15 Line Projection 

C. Planned Unit Development (PUD) Option. Lot area and width in the A-S district may be 

determined through a PUD review process, subject to the provisions of the 1990 Bozeman Area 

Master Plan Update neighborhood plan revision to the Gallatin County Plan, and in relation to 

urban growth area and existing sewer service boundary lines as depicted therein. This option is 

intended to encourage creative planned developments. 

D. Rural Residential Node Development Option. Minimum lot area in A-S districts master 

planned as "rural residential nodes" shall be one acre, or at the maximum density allowed by 

State Department of Health regulations. Lot width shall be a minimum of one hundred fifty feet 

(150’) unless a community water and/or sewer system is utilized, in which case lot width shall be 

a minimum of one hundred feet (100’). 


A. Lots 5 acres and greater. Shall not exceed five percent (5%) of the lot area. 

B. Lots less than 5 acres. Shall not exceed the lesser of 25% of the lot area or 11,000 square 

feet. 


10.050 Yards. 

Every lot in the A-S district shall have the following minimum yards: 

Front yard 35 feet 

Rear yard 25 feet 

Side yards 25 feet each side. 

(NOTE: All yards shall be subject to the provisions of subsection 50.060.D when applicable.) 



A. In the A-S district, maximum building height for buildings designed and constructed for 

human occupancy shall be as follows: 

1. Roof pitch greater than 6:12—thirty-four feet (34’); 

2. Roof pitch 3:121 or greater but not greater than 6:12—thirty feet (30’); and 

3. Roof pitch less than 3:12—twenty-four feet (24’). 

B. Only structures necessary for agriculture uses may exceed these allowable heights. 

10.070 Animal enclosure setbacks. 

Except for pastures, any stable, barn, hutch, pen, shed or other such structure built to enclose or 

house animals or fowl shall be not less than fifty feet (50’) from any structure used for human 

occupancy. 


Section 12 

R-S RESIDENTIAL-SUBURBAN COUNTRY ESTATES DISTRICT 

Sections: 




12.040 Lot coverage and floor area. 

12.050 Yards. 



The intent and purpose of the R-S residential suburban country estates district is to develop new 

residential areas subject to the provisions of Section 54, Planned Unit Development, and in 

compliance with the growth policy plan. The intent and purpose in existing R-S residential 

suburban country estates districts not considered part of an approved planned unit development 

is to allow single-household development on lots of one acre, or at the maximum density allowed 

by Montana Department of Environmental Quality regulations; and in compliance with the 

growth policy plan. 



Permitted uses in the R-S district are as follows: 


Agricultural activity, on two and one-half acres or greater (>2½) 

Dwelling, single-family 

Dwelling, single-family manufactured home on permanent foundation (see Section 48) 

Essential service (Type I) 

Park and playground 



Agricultural activity on less than two and one-half acres (

Other recreational uses 

Schools 


Any use approved as part of a planned unit development subject to provisions of Section 54. 




Fences 

Greenhouses 

Guesthouses 



Private or jointly owned community center recreational facilities, pools, tennis courts and 

spas 



Tool sheds for storage of domestic supplies 

Other building and structures typically accessory to residential or agricultural uses. 



A. Lot area and width in new R-S districts. 

In R-S districts established after adoption of this regulation, lot area and width shall be 

determined through the PUD review procedures set forth in Section 54, in compliance with 

the growth policy plan. 


B. Lot area and width in established R-S districts. 

1. In R-S districts established before adoption of this regulation, lot area and width shall be 

not less than one-acre in area and/or one hundred fifty feet (150’) in width unless a 

community water and/or sewer system is utilized in which case lot width shall be a 

minimum of one hundred feet (100’) and lot area shall be the maximum density allow by 

Montana Department of Environmental Quality. 

2. In R-S districts established before adoption of this regulation, lot area and width may be 

determined through the PUD review procedures set forth in Section 54, in compliance 

with the growth policy plan. 



A. In R-S districts established after adoption of this regulations, lot coverage and floor area shall 

be determined through the PUD review procedures set forth in Section 54, in compliance with 

the growth policy plan. 



B. In R-S districts established before adoption of this regulation, not more than twenty-five 

percent (25%) of the lot area shall be covered by principal and accessory buildings. Each 

dwelling unit shall have a minimum of one thousand (1,000) square feet of floor area. 


C. In R-S districts established before adoption of this regulation, lot coverage and floor area 

may be determined through the PUD review procedures set forth in Section 54, in compliance 



12.050 Yards. 

A. 

1. In R-S districts established after adoption of this regulations, lot setbacks shall be 



2. In R-S districts established before adoption of this regulation, lots shall have the 

following minimum setbacks: 



Side yards 25 feet each side 

3. In R-S districts established before adoption of this regulation, lot setbacks may be 





B. In addition to the requirements of subsection 12.050.A. (above), except for pastures, any 

stable, barn, hutch, pen, shed or other such structure built to enclose or house animals or fowl 

shall be not less than fifty feet (50’) from any structure used for human occupancy. 



Maximum building height—thirty-four (34) feet 





Section 14 

R-1 RESIDENTIAL SINGLE-FAMILY, LOW DENSITY DISTRICT 

Sections: 





14.050 Yards. 



The intent of the R-1 residential single-family, low density district is to provide for low density 

single-family residential development, to conform to the system of services available, to the 

slope of the land or other limiting factors, and to provide for such community facilities and 

services as will serve the area's residents while protecting the residential character and quality of 

the area. 


Permitted uses for the R-1 district are as follows: 


One-family dwellings 


Family day care home 

Group day care home 

Public parks 


Churches 



Golf courses 

Group homes 

Schools 


Private storm water control facilities 



Fences 

Greenhouses 

Guesthouses 




Private or jointly owned community center recreational facilities, pools, tennis courts, spas 




Other buildings and structures typically accessory to residential uses. 


Lot area for any use in the R-1 district shall be not less than ten thousand (10,000) square feet 

and no lot width shall be less than eighty feet (80’). 


In the R-1 district, not more than forty percent (40%) of the lot area shall be occupied by the 

principal and accessory buildings. Each dwelling unit shall have a minimum of one thousand 

two hundred fifty (1,250) square feet of floor area. 

14.050 Yards. 

Every lot in the R-1 district shall have the following minimum yards: 



Side yards 12 feet each side 

(NOTE: All yards will be subject to the provisions of subsection 50.060.D when applicable.) 


Maximum building height in the R-1 district shall be as follows: 

A. Roof pitch greater than 6:12—thirty-two feet (32’); 

B. Roof pitch 3:12 or greater but not greater than 6:12—twenty-eight feet (28’); and 

C. Roof pitch less than 3:12—twenty-four feet (24’). 


Section 16 

R-2 RESIDENTIAL SINGLE-FAMILY,MEDIUM-DENSITY DISTRICT 

Sections: 





16.050 Yards. 



The intent of the R-2 residential single-family medium-density district is to provide for singlefamily 

residential development of a medium density in areas that present few or no development 

problems, and for neighborhood facilities to serve such development while preserving the 

residential quality and nature of the area. 


Permitted uses in the R-2 district shall be only those uses permitted in an R-1 district. 


Lot area for any use in the R-2 district shall be not less than seven thousand (7,000) square feet 

and no lot width shall be less than seventy feet (70’). 


In the R-2 district, not more than forty percent (40%) of the lot area shall be occupied by the 

principal and accessory buildings. Each dwelling unit shall have a minimum of one thousand 

(1,000) square feet of floor area. 

16.050 Yards. 

Every yard in the R-2 district shall have the following minimum yards: 







Maximum building height in the R-2 district shall be as follows: 



C. Roof pitch less than 3:12— twenty-four feet (24’). 


Section 17 

R-2a RESIDENTIAL SINGLE-FAMILY, MEDIUM DENSITY DISTRICT 

Sections: 





17.050 Yards. 



The intent of the R-2a residential single-family, medium density district is to provide for 

economical, single-family residential development of a density consistent with the master plan 

and in areas that present few or no development problems, and for neighborhood facilities to 

serve such development while preserving the residential quality and nature of the area. 


Permitted uses in the R-2a district shall be only those uses permitted in an R-2 district and 

dwelling, single-family manufactured home on permanent foundation (see Section 48). 



Lot area for any use in the R-2a district shall be not less than six thousand (6,000) square feet, 

and no lot width shall be less than sixty feet (60’). 


In the R-2a district, no more than forty percent (40%) of the lot area shall be occupied by the 

principal and accessory buildings. Each dwelling shall have a minimum of eight hundred (800) 

square feet of floor area. 

17.050 Yards. 

Every lot in the R-2a district shall have the following minimum yards: 







Maximum building height in the R-2a district shall be as follows: 



C. Roof pitch less than 3:12—twenty-four feet (24’). 


Section 18 

R-3a RESIDENTIAL TWO-FAMILY, MEDIUM DENSITY DISTRICT 

Sections: 





18.050 Yards. 



The intent of the R-3a district is to provide for one and two family residential development of a 

medium density in areas that present few or no development problems, and for neighborhood 

facilities to serve such development while preserving the residential quality and nature of the 

area. 


Permitted uses in the R-3a district are as follows: 


One-family dwellings 

Two-family dwellings 



Family day care home 

Group day care home 

Group homes 

Public parks 



Churches 


Golf courses 

Lodginghouses (bed and breakfasts) 

Schools 





Fences 

Greenhouses 

Guesthouses 




spas 




Other buildings and structures typically accessory to residential uses. 


A. In the R-3a district, minimum lot area for two-family units shall be six thousand (6,000) 

square feet with a minimum lot width of sixty feet (60’). 

B. Minimum lot area for one-family dwellings and other uses shall be five thousand (5,000) 

square feet with a minimum lot width of fifty feet (40’). 


In the R-3a district, not more than forty percent (40%) of the lot shall be occupied by the 

principal and accessory buildings. The average floor area of all dwelling units in a structure 

shall have a minimum of six hundred (600) square feet. 

18.050 Yards. 

Every lot in the R-3a district shall have the following minimum yards: 






Maximum building height in the R-3a district shall be as follows. 



C. Roof pitch than 3:12—twenty-four feet (24’). 


Section 20 

R-3 RESIDENTIAL MEDIUM-DENSITY DISTRICT 

Sections: 





20.050 Yards. 



The intent of the R-3 district is to provide for the development of one to five-family residential 

structures near service facilities. It should provide for a variety of housing types to serve the 

varied needs of families of different size, age and character, while reducing the adverse effect of 

nonresidential uses. 


Permitted uses in the R-3 district are as follows: 

A. Principal uses. 

Dwelling, single family 

Dwelling, single family manufactured home on permanent foundation (see Section 48) 

Dwelling, two-family 

Dwelling, multiple (multifamily) 

Townhouse clusters, not to exceed five units or one hundred twenty feet (120’) in length 




Day care home, group 

Group homes 

Public parks 




Churches 


Fraternity and sorority houses 

Golf courses 

Lodginghouses 

Schools 





Fences 

Greenhouses 

Guesthouses 




spas 




Other building and structures typically accessory to residential uses. 


A. In the R-3 district, minimum lot area for two to four-family units shall be three thousand 

(3,000) square feet dwelling unit with a minimum lot width of sixty feet (60’). 

B. For townhouse clusters the minimum average lot area per unit in an individual structure shall 

be three thousand (3,000) square feet. The minimum lot width shall be that of the width of the 

interior units. 

C. Minimum lot area for other uses, including one-family dwelling units, shall be five thousand 

(5,000) square feet with a minimum lot width of fifty feet (50’). 


In the R-3 district, not more than forty percent (40%) of the lot shall be occupied by the principal 

and accessory buildings. The average floor area of all dwelling units in a structure shall have a 

minimum of six hundred (600) square feet. 

20.050 Yards. 




Side yards 8 feet each side (except zero lot line sides of townhouse units). 



Maximum building height in the R-3 district shall be thirty-eight feet (38’) for buildings with 

roof pitches of 3:12 or greater, and thirty-two feet (32’) for buildings with flat roofs or with roof 

pitches of less than 3:12. 


Section 24 

R-4 RESIDENTIAL HIGH DENSITY DISTRICT 

Sections: 





24.050 Yards. . 



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

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

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


A. Principal uses permitted in the R-4 district are the principal uses permitted in the R-3 district, 

plus bed and breakfast homes, lodging houses, apartment buildings and townhouse structures 

exceeding four units per structure as principal uses. 

B. Conditional uses permitted in the R-4 district are those conditional use permitted in the R-3 

district, plus offices (as defined herein), and medical offices, clinics and centers. 


A. Lot area for two-family to four- family dwellings shall not be less than five thousand (5,000) 

square feet, plus one thousand six hundred (1,600) square feet for each additional unit over one, 

with a minimum lot width of fifty feet (50’). 

B. Lot area for apartment buildings up to two stories shall not be less than five thousand (5,000) 

square feet, plus eight hundred (800) square feet for each additional dwelling unit over one. 

Minimum lot width shall be fifty feet (50’). 

C. Lot area for apartment buildings of three or more stories shall not be less than five thousand 

(5,000) square feet, plus six hundred (600) square feet for each additional dwelling unit over one. 

Minimum lot width shall be fifty feet (50’). 


In the R-4 district, not more than forty percent (40%) of the lot shall be occupied by the principal 

and accessory buildings. The average floor area of all dwelling units in a structure shall have 

minimum of six hundred (600) square feet. 


24.050 Yards. 







Maximum building height in the R-4 district shall be thirty-eight feet (38’) for buildings with 

roof pitches of 3:12 or greater and thirty-two feet (32’) for buildings with flat roofs or with roof 



Sections: 





26.050 Yards. 


Section 26 

R-O RESIDENTIAL OFFICE DISTRICT 


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

of professional offices, business headquarters, and compatible multifamily and apartment 

development that would blend well with adjacent land uses. 


Permitted uses in the R-O district are as follows: 


Apartments located on the second or subsequent floors 


Medical offices, clinics and centers 

Offices (as defined in this title) 


Apartment buildings and multi-family dwellings 


Churches 



Efficiency units 

Group homes 

Lodginghouses 

Schools 



Fences 

Greenhouses 


Other buildings and structures typically accessory to permitted uses 



Refuse containers 



Accessory structures as approved by the planning board 


Parking areas as required by Section 47. 


Lot area and width for uses in the R-O district shall not be less than five thousand (5,000) square 

feet and fifty feet (50’), respectively. 


A. In the R-0 district, lot coverage by principal and accessory buildings shall not be more than 

fifty percent (50%). 


B. The average floor area of all dwelling units in a structure shall be a minimum of six hundred 

(600) square feet. 

26.050 Yards. 

Every lot in the R-O district shall have the following minimum yards: 



Side yard 8 feet. 

(NOTE: All yards shall be subject to the provisions of Section 50.060.D when applicable.) 


Maximum building height in the R-O district shall be thirty-eight feet (38’) for buildings with 

roof pitches of 3:12 or greater and thirty-two feet (32’) for buildings with flat roofs or with roof 



Sections: 





28.050 Yards. 


Section 28 

B-1 NEIGHBORHOOD SERVICE DISTRICT 


A. The intent of the B-1 neighborhood business district is to provide for small retail and service 

activities frequently required by neighborhood residents on a day-to-day basis, while still 

maintaining a residential character. 


A. Principal activities shall be limited to those which are completely enclosed within a building 

not larger than five thousand (5,000) square feet in gross floor area. Accessory activities such as 

play areas associated with day care centers and patio dining areas for restaurants shall be 

permitted outdoors subject to approval by the appropriate reviewing authority. 

B. Permitted uses in the B-1 district are as follows: 

1. Principal Uses. 




Food stores, such as grocery stores, bakeries, etc. 

Personal and convenience services 

Restaurants (exclusive of drive-ins) 

Retail uses 

2. Conditional Uses. 

Automobile service stations 

Churches 


Professional and business offices 

Restaurants serving alcoholic beverages 

Any use, except casinos, approved as part of a planned unit development subject to the 

provisions of Section 54 

3. Accessory Uses. 

Fences 





Temporary building and yards incidental to construction work 



Lot area for the B-1 district shall be adequate to provide for required yards and off-street 

parking, but in no case less than five thousand (5,000) square feet and fifty feet (50’) in width. 


In the B-1 district, the entire lot, exclusive of required yards and parking, may be occupied by the 

principal and accessory buildings. 

28.050 Yards. 

Every lot in the B-1 district shall have the following minimum yards: 



Side yards 8 feet 



Maximum building height in the B-1 district shall be thirty-eight feet (38’) for buildings with 


pitches of less than 3:12, except when adjacent to an R-S, R-1, R-2, R-2a, or R-3a district 

wherein the height shall not exceed the allowable height established for the adjacent district. 


Sections: 





30.050 Yards. 


Section 30 

B-2 COMMUNITY BUSINESS DISTRICT 


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

service functions with access oriented to major arterial streets. 


Permitted uses in the B-2 district are as follows: 


Ambulance service 

Antique shop and store 


Apparel and accessory store 

Art gallery 

Art supply stores 

Audio-visual equipment sales and rental 

Automobile parking lot or garage (public or private) 

Automobile or boat sales and/or rental service 

Auto supply store 

Bakery for on-site sales, less than four thousand (4,000) square feet 

Banks and other financial institutions 

Barbershop 

Beauty parlor 

Bicycle sales, service and repair shop 

Book and stationery store 

Bus terminals 

Business and office machine sales, service and repair shop 

Candy and ice cream store 

Churches 

Cigar and tobacco store 

Clothing and costume sales and rental shop 

Community center or meeting hall 

Convenience food restaurant 


Convenience uses 

Custom dressmaking, furrier, millinery or tailor shop employing five persons or less 

Dancing or theatrical studio 

Delicatessen and catering establishment 

Department store 

Drugstores 

Dry goods and notion store 

Dry cleaning and laundry establishment, for drop off/pickup service 


Equipment sales and service 

Florist 

Frozen food storage and locker rental 

Furniture store 

Game rooms, poolhalls 

Garden supply store, indoor sales only 

Gift shop 

Grocery store (including retail markets and produce store) 

Hardware store, no exterior storage 

Health and exercise center 

Hobby and coin shop 

Hotel or motel 

Hunting and finishing supply store 

Interior decorator's shop 

Jewelry and metal craft store 

Laundromat, self-service 

Leather goods and luggage store 

Liquor store 

Lock and key shop 

Mail order catalog store 

Medical, dental or health clinic 

Medical and orthopedic appliance store 

Messenger or telegraph service station 

Museum 

Music and instrument sales, service and repair shop 

Music or dance studio 

Newspaper office 

Newsstand 


Offices (as defined in this title) 

Office supply and office equipment store 

Optician 

Package liquor store, including drive-in 

Paint and wallpaper store 

Pawn shop 

Personal and convenience services 

Pet shop 


Pet grooming shop 

Photographic equipment and supply store 

Photographic studio 

Picture frame shop 

Private club, fraternity, sorority or lodge 

Public buildings 

Radio or television sales, with/without service and repair 

Radio and television studio, without transmission towers 

Research laboratories 

Restaurants 

Secondhand stores 

Sewing machine store 

Shoe store 

Shoe repair and shoeshine shop 

Sporting and athletic goods store 

Tailor shop, less than five employees 

Theater, excluding drive-in theater 

Toy store 

Travel agency 

Upholstery shops (excluding on-site upholstery service for cars, boats, trailers, trucks, and 

other motorized vehicles requiring overnight storage) 

Variety store 

Wallpaper store 

Watch repair shop 

Wholesale establishments that use samples, but do not stock on premises 



Amusement and recreational activities 

Automobile repair facilities 

Automobile service stations 

Automobile washing establishment, drive through 

Automobile washing establishment, self-service 

Bar (tavern, cocktail lounge) 

Bowling alley 

Building materials sales 

Business, technical or vocational school 


Convenience food store with gas pumps 

Day care center 


Hospitals 

Mortuaries 

Nursing Home 

Recreational vehicle sales and/or rental 

Restaurants serving alcoholic beverages 

Retail uses in addition to those principle uses listed 


Tennis and racquet clubs 

Veterinary clinics 

Video arcades 

Wholesale distributors with on-premise retail outlets, providing warehousing is limited to 

commodities which are sold on the premises 

Any use, except casinos, approved as part of a planned unit development subject to the 

provisions of Section 54 



Fences 



Signs, as per Section 65 

Temporary buildings and yards incidental to construction work. 


There shall be no minimum lot area in the B-2 district; however, no lot width shall be less than 

one hundred feet (100’) and the lot area shall be sufficient to provide all required yard areas and 

off-street parking. 


In the B-2 district, the entire lot, exclusive of required yards and parking, may be occupied by the 


30.050 Yards. 

Every lot in the B-2 district shall have the following minimum yards: 






Maximum building height in the B-2 district shall be thirty-eight feet (38’) for buildings with 




Sections: 





34.050 Yards. 


Section 34 

M-1 LIGHT MANUFACTURING DISTRICT 


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. 


Permitted uses in the M-1 district are as follows: 



Automobile, boat or recreational vehicle sales, service and/or rental 

Automobile parking lot or garage (public or private) 

Automobile repair facilities 

Bakery 

Banks and other financial institutions 

Building contractor's office 

Building materials sales 

Business and office machine sales, service and repair shop 

Cabinet shops 

Churches 

Community center or meeting hall 

Convenience food restaurant 


Health and exercise center 

Hotel or motel 

Manufacturing, light, and completely indoors 

Medical, dental or health clinic 

Messenger or telegraph service station 

Newsstand 



Offices 

Office supply and office equipment store 

Optician 


Radio and television studio, without transmission towers 

Repair and service establishment for light consumer goods, such as appliances and furniture 

Research laboratories 

Restaurant 

Sign shops 

Trade schools 

Travel agency 

Truck, bus and rail terminal facilities 

Warehousing 

Warehousing-, residential storage (mini-ware housing) 


Adult business, located no closer than five hundred feet (500’) from any other adult use, 

home, residential district, school, place of worship, public park or any youth-oriented 

establishment 

Amusement and recreational facilities 

Animal shelters 

Automobile service station 





Flour and feed mills 

Food processing plants 

Grain elevators 

Machine shops 

Retail establishments other than principal uses listed in subsection A of this section 

Tennis and racquet clubs 

Truck repair facilities 

Truck stop 

Truck service station 

Truck washing establishment 




Business signs 


Outside storage if accessory to a principal use and if screened from the street and 

surrounding properties by solid fence or dense plantings at least six feet (6’) high 

Personnel service facilities providing services, education, recreation, entertainment, food and 

convenience goods primarily for those personnel employed in the principal use 


Temporary buildings and yards incidental to construction 

Trash receptacles 

Any residential use which is clearly incidental to the operation of a permitted principal or 

conditional use, such as dormitories for the use of a scientific research center, caretaker 

and watchman, including residential use in connection with mini-warehousing for 

office/watchman purposes. 


Lot area for the M-1 district shall not be less than seven thousand five hundred (7,500) square 

feet and no lot width shall be less than seventy-five feet (75’), and the lot area shall provide all 

required yard areas and off-street parking and loading. 


In the M-1 district, the entire lot, exclusive of required yards and parking, may be occupied by 

the principal and accessory buildings. 

34.050 Yards. 

A. Every lot in the M- I district shall have the following minimum yards: 


Rear yard none* 

Side yards none* 

* When a lot is adjacent to or across the street from another zone, the yard requirements shall 

be the same as the adjoining zone and buildings shall be screened with either a decorative 

fence or plantings. The provisions of A-S, R-S, PLI, and BP shall be interpreted as those of 

R-1. 

B. Also, rear or side yards adjacent to alleys shall be at least fifteen feet (15’). 



Maximum building height in the M-1 district shall be forty feet (40’). 




Section 36 

M-2 MANUFACTURING AND INDUSTRIAL DISTRICT 

Sections: 





36.050 Yards. 



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 Gallatin County residents. 


Permitted uses in the M-2 district are as follows: 


All principal uses permitted in the M-1 district, plus any manufacturing or industrial use is 

provided in this district if in compliance with all provisions of this title; however, no 

residential uses, auto wrecking yards, junkyards or garbage dumps shall be permitted except 

as conditional uses. 


Adult businesses (if located no closer than five hundred feet from any other adult business, 

home, residential district boundary, school, church, public park or any youth oriented 

establishment) 

Amusement and recreational facilities 

Animal shelters 

Automobile service station 





Garbage transfer station 

Junk salvage yards (if adequately screened) 

Production manufacturing and generation facilities (electric and gas) 

Residences for owner or caretaker of junk salvage yards 

Retail establishments other than principal uses listed in subsection A of this section 

Solid waste landfill 

Truck repair facilities 

Truck stop 


Truck service station 

Truck washing establishment 




All accessory uses permitted in the M-1 district shall also be permitted as accessory uses in 

the M-2 district. 


There shall be no minimum lot area in the M-2 district, however no lot width shall be less than 

one hundred feet (100’) and the lot area shall provide all required yard areas and off-street 

parking and loading. 


In the M-2 district, the entire lot, exclusive of required yards and parking, may be occupied by 

the principal and accessory buildings. 

36.050 Yards. 

A. Every lot in the M-2 district shall have the following minimum yards: 


Rear yard none* 

Side yards none* 

* When a lot is adjacent to or across the street from another zone, the yard requirements shall 

be the same as the adjoining zone and buildings shall be screened with either a decorative 

fence or plantings. The provisions of A-S, R-S, PLI and BP shall be interpreted as those of 

R-1. 

B. Also, rear or side yards adjacent to alleys shall be at least fifteen feet (15’). 



The maximum building height in an M-2 district shall be forty feet (40’). 


Sections: 





38.050 Yards. 


Section 38 

BP BUSINESS PARK DISTRICT 


The intent of the business park district is to provide for high-quality settings and facilities for the 

development of a wide range of compatible employment opportunities. These areas should be 

developed so as to recognize the impact on surrounding or adjacent development and contribute 

to the overall image of the community. Compatibility with adjacent land uses and zoning is 

required. 


Permitted uses in the BP district are as follows: 


Administrative and research office facilities 


Hospitals 

Laboratories, research and diagnostic 

Manufacturing, light, and completely indoors 

Medical clinics 

Pilot plants 

Professional and business offices 

Prototype development 

Technology research establishments 

Temporary buildings, for and during construction only 


Banks and financial institutions 



Health and exercise establishments 

Trade schools 




Fences 







Lot area for the BP district shall not be less than one acre, and no lot width shall be less than one 

hundred fifty feet (150’). 


Not more than sixty percent (60%) of the total lot area shall be occupied by impervious surfaces 

in the BP district. The remaining forty percent (40%) of the total lot area shall be landscaped as 

defined in Section 46. 

38.050 Yards. 

Every lot in the BP district shall have the following minimum yards: 

Front yard 35 feet* 

Rear yard 25 feet* 

Side yards 25 feet* 

* All yards fronting on public or private streets shall be a minimum of thirty-five feet (35’). 

Front, rear and side yard requirements shall be increased three feet (3’) for each additional 

five thousand (5,000) square feet over total gross floor area of twenty-five thousand (25,000) 

square feet, up to maximum requirement of forty feet (40’) for rear and side yards and fifty 

feet (50’) for front yards. 



Maximum building height in the B-P district shall be thirty-eight feet (38’) for buildings with 

roof pitches of 3:12 or greater, and thirty-two feet (32’) for building with flat roofs or with roof 



Sections: 


39.015 Applicability. 




39.050 Yards. 

Section 39 

PLI PUBLIC LANDS AND INSTITUTIONS DISTRICT 


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. 

39.015 Applicability. 

To the maximum extent allowed by state law, all PLI development shall be subject to review and 

approval by the commission, based upon recommendations received from the staff, and shall be 

required to comply with all applicable underlying zoning requirements, as well as any 

requirements as established in design objective plans or other overlay district regulations or 

guidelines. 



Permitted uses in the PLI district are as follows: 



Cemeteries 


Museums, zoos, historic and cultural facilities and exhibits 

Other public buildings, i.e., fire and police stations and municipal buildings 

Public and nonprofit, quasi-public institutions, i.e., universities. elementary, junior and 

senior high schools and hospitals 

Publicly owned land used for parks, playgrounds and open space 


All principal and any accessory uses shall be subject to site plan review and any conditions 

required as part of site plan approval. Permitted conditional uses in the PLI district shall 

include day care centers, essential services (Type II), and solid waste landfill facilities. 



Other buildings and structures typically accessory to permitted uses. 


The lot area and width requirement of the PLI district is as follows: no requirement. 


In the PLI district, the entire lot, exclusive of required yards and parking, may be occupied by the 


39.050 Yards. 

In the PLI district, there is no yard requirement except when a lot is adjacent to another district. 

The yards then shall be the same as the adjacent district. 



Section 41 

R-MH SINGLE-FAMILY MOBILE HOME DISTRICT 

Sections: 




41.040 Yards. 


41.060 Additional building and performance standards. 


The intent of the R-MH single-family mobile home district is to provide for single-family mobile 

home and single-family dwelling developments and directly related complementary uses at a 

medium density. The district is intended to be strictly residential in character with a minimum of 

disturbances due to traffic or overcrowding. 


Permitted uses in the R-MH district are as follows: 


Single-family mobile homes 

Public parks 

Day care homes, family 

Day care homes, group 


Mobile home parks on sites of not less than ten acres, with a minimum of twenty-five lots 

Mobile home subdivisions on sites of not less than ten acres 


Churches 




Golf courses 


Private recreational vehicle and boat storage areas for more than two vehicles 

Any use approved as part of a planned unit development subject to provisions of Section 54. 



Accessory buildings and uses customarily incidental thereto. No part of any mobile home 

park or subdivision shall be used for nonresidential purposes, except such uses that are 

required for direct servicing and the wellbeing of park residents and for management and 

maintenance of the park or subdivision. Nothing in this section shall be deemed as 

prohibiting the sale of a mobile home located on a mobile home stand and connected to 

the pertinent utilities. 

Fences 

Greenhouses 



Private or jointly owned community center recreational facilities, pools, tennis courts, spas, 

recreational vehicle and boat storage areas for less than three vehicles 

Tool sheds, for storage of domestic supplies 


Other buildings and structures customarily accessory to mobile home development. 


The minimum lot area for the R-MH district shall be five thousand five hundred (5,500) square 

feet where both community water and sanitary sewer is available. The minimum lot width shall 

be fifty-five feet (55’). 

41.040 Yards. 

Every lot shall have the following yards: 



Side yards 8/20 feet* 

Corner side yard 20 feet 

* No side yard shall be less than 8 feet; at least one side yard shall be 20 feet. 



Maximum building height in the R-MH district shall be thirty feet (30’) for buildings with roof 

pitches of 3:12 or greater, and twenty-four feet (24’) for buildings with flat roofs or with roof 


41.060 Additional building and performance standards. 

Development is allowed subject to all applicable regulations including, due to location within the 

Bozeman extraterritorial building permit jurisdiction area, Bozeman building permits. 

Development of any parcel of land within this district shall be subject to all applicable 

requirements of Sections 46, 47, and 50, including, but not limited to, fences, parking, signs, 


landscaping and home occupations. In addition, single-family mobile home development will be 

subject to the following general requirements: 

A. Minimum Area for R-MH District. 

1. The minimum total R-MH district shall be no less than five (5) acres unless the applicant 

can show that the minimum area requirements should be waived because the waiver 

would be in the public interest and that one or all of the following conditions exist: 

a. Unusual physical features of the property itself or of the surrounding area such that 

development under the standard provisions of this title would not be appropriate in 

order to conserve a physical or terrain feature of importance to the neighborhood or 

community; or 

b. The property is adjacent to or across the street from property which has been 

developed under the provisions of this section and will contribute to the amenities of 

the area. 

2. Waiver of the five acre minimum may be granted by the commission. 

B. Plumbing and Electrical Requirements. All mobile home developments developed under 

this section shall comply with Montana State Department of Health regulation No. 54-500 or 

any amendment thereto concerning plumbing and electrical requirements. 

C. Lot Improvements. 

1. Utility Hookup. Every mobile home shall be permanently connected to electric power, 

water supply, sewage disposal, gas and telephone service lines in compliance with 

applicable codes, and all utility distribution and service lines shall be installed 

underground. 

2. Permanent Foundations and Anchoring. All mobile homes shall be required to be 

physically connected to an approved permanent foundation. Minimum permanent 

foundation standards for mobile homes are available at the Bozeman building 

department. Building permits issued through the Bozeman building department are 

required for the foundations. 

3. Maintenance. 

a. There shall be no exposed outdoor storage of furniture (except lawn furniture), 

household goods, tools, equipment, or building materials or supplies. 

b. No mobile home may be parked on a public or private street for more than twentyfour 

hours. 

c. An abandoned, burned or wrecked mobile home must be secured against entry as 

directed by the fire chief and may not be kept on a lot for more than forty-five days. 

d. Each mobile home must bear an insignia which attests that the construction of the 

mobile home meets regulation A 119.1 of the American National Standards Institute 

(adopted by the U.S. Department of Housing and Urban Development), or be 

certified as meeting the Mobile Home Construction and Safety Standards of the U.S. 

Department of Housing and Urban Development. 

e. Standard mobile home skirting must be provided around the entire perimeter of the 

mobile home between the bottom of the body of the mobile home and the ground, 

except where the running gear has been removed and the mobile home itself is 

attached directly to the permanent foundation. 


f. All required front yards of mobile home lots shall be fully landscaped. 

g. All private, commonly owned recreation areas not devoted to buildings, structures, 

surfaced courts, sand boxes, etc. shall be landscaped and irrigated. 

D. Permits and Inspections. 

1. Land Use Permit Required. All mobile homes and non-mobile home improvements in 

the zoning jurisdiction of the Gallatin County / Bozeman Area Zoning District must be 

issued a land use permit by Gallatin County. 

2. Bozeman Permit and Building Inspection Required. 

a. All mobile homes moved into the zoning jurisdiction of the Gallatin County / 

Bozeman Area Zoning District must be issued a permit and be inspected by the 

Bozeman building inspector 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. 

b. The required inspections for mobile homes shall include on-site utilities requirements 

including gas, electric, sewer and water, setback requirements, and off-street parking 

requirements, fees for which have been established by the Bozeman city commission 

by resolution. 

c. 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 

Bozeman building inspector. 

3. Non-Mobile-Home Improvements Subject to the Uniform Building Code. Bozeman 

building permits must be obtained for additions, alterations, canopies, carports, storage 

areas and detached refrigeration units that were not included in the original sale of the 

mobile home unit, fees for which are set by the Uniform Building Code (Section 8-1) and 

Uniform Mechanical Code (Section 9-4). 

4. Owner's Responsibility. It shall be the responsibility of the individual property owners 

or, in the case of a rental park, the managers of rental parks to see that ail sections of this 

article are complied with. including requirements relative to placement of mobile homes, 

and all required permits. 


Section 43 

ENTRYWAY CORRIDOR OVERLAY DISTRICT 

Sections: 

43.010 Title. 

43.020 Intent and purpose. 

43.030 Application of entryway corridor provisions. 

43.040 Section deleted 


43.060 Design criteria and development standards in entryway corridors. 


43.080 Deviation from overlay or underlying zoning requirements. 

43.090 Appeals. 

43.010 Title. 

These regulations shall be known as the entryway corridor overlay district regulations and may 

be cited as the entryway corridor regulations 

43.020 Intent and purpose. 

A. There are several arterial corridors entering the Bozeman area that introduce visitors and 

residents alike to Bozeman and the Gallatin Valley. The visual attributes of these roadways 

provide a lasting impression of the character of the area. It is the intent and purpose of this 

section to ensure, the quality of development along these corridors will enhance the impression 

and enjoyment of the community both by guiding development and change that occurs after the 

adoption of the regulation codified in this title and by stimulating and assisting, in conjunction 

with other provisions of this title, improvements in signage, landscaping, access and other 

contributing elements of entry corridor appearance and function. 

B. It is the intent of this section to establish design criteria, standards and review procedures that 

will allow the county 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 staff shall be given careful 

consideration in the final action of any agency, board or commission involved in entryway 

corridor development decisions. 

43.030 Application of entryway corridor provisions. 

Entryway corridor provisions shall apply to all entryway corridor areas as designated on the 

official zoning map. The provisions of this section shall be applied in addition to any other 

applicable regulations of this title. Specifically, these provisions shall be applied to all 

developments within such corridors as follows: 


A. Class I. All development wholly or partially within six hundred sixty feet of the centerline 

of the following roadways: 

1. Interstate 90, within the Gallatin County / Bozeman Area zoning jurisdictional boundary, 

measured from the centerline of the outside lanes of the opposing roadways and from the 

centerline of the access ramps; 

2. Interstate 90 frontage roads within the Gallatin County / Bozeman Area zoning 

jurisdictional boundary, whether or not they are designated frontage roads 

3. U.S. 10, from the I-90/North Seventh Avenue Interchange west to the Gallatin County / 

Bozeman Area zoning jurisdictional boundary; 

4. U.S. 191, west from Ferguson Road to the Gallatin County / Bozeman Area zoning 

jurisdictional boundary; 

5. 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; 

6. Oak Street west from North Seventh Avenue to North Nineteenth Avenue. 

B. Class II. All development wholly or partially within the lesser of one city block or three 

hundred thirty 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: 

1. Nineteenth Avenue, south from Durston Road to the Gallatin County / Bozeman Area 

zoning jurisdictional boundary, and the east side of Nineteenth Avenue, between the 

south boundary of Covered Wagon Mobile Home Park and Durston Road; 

2. Main Street west from Seventh Avenue to Ferguson Road; 

3. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and 

east to the Gallatin County / Bozeman Area zoning jurisdictional boundary; 

43.040 

Section deleted. 


43.050 



43.060 Design criteria and development standards in entryway corridors. 

The following general design criteria and development standards shall apply to all development 

occurring within the areas described in section 43.030, above. 

A. General Standards. 

1. The development shall provide for adequate open space, circulation, off-street parking, 

and pertinent amenities. Buildings, structures and facilities the parcel shall be integrated, 

oriented and related to the topographic and natural landscape features of the Gallatin 

County / Bozeman area. 


2. The proposed development shall be compatible with existing and planned land use, and 

with circulation patterns on adjoining properties. It shall not constitute a disruptive 

element to adjacent or nearby properties or to the environmental character of the area. 

3. The proposed development shall also comply with all applicable design standards and 

guidelines, including Design Objectives Plan Entryway Corridors. The 1990 Bozeman 

area master plan update neighborhood plan revision to the Gallatin County Plan 

recognized the important role of major arterials in the community. Design Objectives 

Plan Entryway Corridors Bozeman, Montana (Mark L. Hinshaw AIA, AICP) was 

designed to help development along the major arterials conform to the master plan. 

B. Access Standards. 

1. Initial access provision to properties fronting on any Class I entryway corridor roadway 

shall be designed so access points on said roadway are spaced no more closely than every 

six hundred sixty feet (660’). Initial access provision to properties fronting on any Class 

II entryway corridor roadway shall be designed so access points on the roadway are 

spaced no more closely than every three hundred thirty feet (330’) or one city block. 

2. Revised access schemes to previously developed or subdivided property shall consolidate 

access points on entryway roadways whenever possible and shall add no additional points 

of access to the roadways unless such addition can be demonstrated to improve the 

operation of the entryway roadway. It shall be the obligation of the applicant to 

determine an acceptable method of access to his/her property including securing access 

casements from adjacent properties, if necessary. 

3. When addressing pre-existing development in fully built-up areas, these access standard 

provisions shall be interpreted in a practical manner allowing for continuing reasonable 

access to properties along entryway corridors. 

C. Parking, Building and Landscape Standards. In addition to the qualitative design 

standards and guidelines in the Design Objectives Plan Entryway Corridors, parking areas and 

buildings shall be set back at least fifty feet (50’) from any Class I entryway corridor roadway 

right-of-way and at least twenty-five feet (25’) from any Class II entryway corridor roadway 

right-of-way. 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. 

43.070 



43.080 Deviation from overlay or underlying zoning requirements. 

A. To accomplish the intent and purpose of this section it may be necessary to deviate from the 

strict application of the overlay or underlying zoning requirements. A special exception to 

deviate from the underlying zoning requirements may be granted by the commission after 

considering the recommendations of the staff. 



B. The application for deviation shall be subject to the submittal and procedural requirements of 

Section 52, Plan Review and Approval, and shall be accompanied by written and graphic 

material sufficient to illustrate the conditions that the modified standards will produce, so as to 

enable the commission to make the determination that the deviation will produce an 

environment, landscape quality and character superior to that produced by the existing standards, 

and will be consistent with the intent and purpose of this section, and with the Design Objectives 

Plan Entryway Corridors for the particular entryway corridor. Upon such a finding, the 

commission may authorize deviations of up to twenty percent beyond or below minimum or 

maximum standards respectively, as established in the underlying zoning district regulations. 

43.090 Appeals 

Aggrieved person, as defined in Section 58, may appeal the decision of the staff or planning 

board pursuant to the provision of said section. In such event, the issuance of a land use permit 

shall be stayed until the appeal process has been satisfied. 



Section 44 

FLOOD HAZARD DISTRICT 

Sections: 

44.010 Title, Intent and Compliance. 

44.020 Jurisdictional area. 

44.030 Purpose. 

44.040 Definitions. 

44.050 Floodplain district establishment. 

44.060 Floodplain administrator. 

44.070 Rules for interpretation of floodplain district boundaries. 

44.080 Compliance with regulations. 

44.090 Abrogation and greater responsibility. 

44.100 Regulation interpretation. 

44.110 Warning and disclaimer of liability. 

44.120 Disclosure provision. 

44.130 Administration of regulations. 

44.140 Permit applications. 

44.150 Emergency waiver. 

44.160 Review-Variances-Appeals. 

44.170 Fees. 

44.180 Floodplain development compliance. 

44.190 Emergency preparedness planning. 

44.200 Applications-Specific standards. 

44.210 Floodway - Uses allowed without permits. 

44.220 Floodway-Uses requiring permits. 

44.230 Floodway-Permits for flood control works. 

44.240 Floodway-Permits for water diversions. 

44.250 Floodway-Prohibited uses. 

44.260 Floodway fringe-Uses allowed without permits. 

44.270 Floodway fringe-Uses requiring permits. 

44.280 Floodway fringe-Prohibited uses. 

44.290 Floodplain areas with flood elevations and no delineated floodway. 

44.300 Shallow flooding (AO zones). 

44.310 Applicability to unnumbered A zones. 

44.320 A zones-Uses allowed without permits. 

44.330 A zones-Uses requiring permits. 

44.340 A zones-Prohibited uses. 

44.350 A zones-Floodplain boundary interpretation. 

44.360 Floodproofing requirements - Certification. 

44.370 Floodproofing requirements - Conformance. 

44.380 Floodproofing requirements - Electrical systems. 

44.390 Floodproofing requirements - Heating systems. 

44.400 Floodproofing requirements - Plumbing systems. 


44.410 Violation notice. 

44.420 Violation-Penalty. 

44.010 Title, Intent and Compliance. 

A. These regulations shall be known and cited as the Bozeman area floodplain regulations. 

This section is in accordance with exercising the authority of the laws of the state of Montana. 

B. To comply with the Montana Floodplain and Floodway Management Act (Chapter 5, 

Title 76, MCA) and to ensure compliance with the requirements for the continued participation 

in the National Flood Insurance Program. 

C. No structure or land use shall be located, extended, converted or structurally altered 

without full compliance with the provisions of the above stated regulations and all other 

applicable regulations. 

44.020 Jurisdictional area. 

All lands within this Zoning District shown on the official floodplain maps as being located 

within a one-hundred year floodplain district are subject to the following regulations. 

A. All lands shown on the Flood Insurance Rate Map (FIRM) for Gallatin County, Montana, 

as being located within a one-hundred year floodplain district shall be subject to the provisions 

of the Gallatin County Floodplain Regulations. 

B. All lands shown on the Flood Insurance Rate Map (FIRM) for the City of Bozeman, 

Montana, Gallatin County, as being located within a one-hundred year floodplain district shall be 

subject to the provisions of Section 44, Flood Hazard District and Chapter 18.44, Flood Hazard 

District, Bozeman Zoning Ordinance, Title 18 of the Bozeman Municipal Code. 


To promote the public health, safety and general welfare, to minimize flood losses in areas 

subject to flood hazards, and to promote wise use of the floodplain. This section has been 

established with the following purposes intended: 

A. To guide development of the one hundred year floodplain within the Bozeman floodplain 

jurisdiction consistent with the enumerated findings by: 

1. Recognizing the right and need of water courses to periodically carry more than the 

normal flow of water; and 

2. Participating in coordinated efforts of federal, state, and local management activities for 

one hundred-year floodplains; and 

3. Ensuring the regulations and minimum standards adopted, insofar as possible, balance the 

greatest public good with the least private injury. 

B. Specifically it is the purpose of this section to: 

1. Restrict or prohibit uses that are dangerous to health, safety, and property in times of 

flood, or that cause increased flood heights and velocities; and 

2. Require that uses vulnerable to floods, including public facilities, be provided with flood 

protection at the time of initial construction; and 

3. Identify lands unsuitable for certain development purposes because of flood hazards; and 

4. Minimize the need for rescue and relief efforts associated with flooding undertaken at the 

expense of the general public; and 


5. Ensure potential buyers are notified that property is within a one hundred-year floodplain 

and subject to the provisions of these regulations; and 

6. Ensure that those who occupy one hundred year floodplains assume responsibility for 

their actions. 


Unless specifically defined below, words or phrases used in these regulations shall be interpreted 

to give them the meaning they have in common usage and to give these regulations the most 

reasonable application. 

"Act" means the Montana Floodplain and Floodway Management Act, Sections 76-5-101 

through 406, MCA. 

"Alteration" means any change or addition to a structure that either increases its external 

dimensions or increases its potential flood hazard. 

"Appeal" means a request for a review of the floodplain administrator's interpretation of any 

provisions of these regulations or a request for a variance. 

"Area of special flood hazard" means the land in the floodplain within the community subject 

to inundation by a one percent or greater chance of flooding in any given year, i.e., the one 

hundred year floodplain. 

"Artificial obstruction-Development" means any obstruction which is not natural and includes 

any darn, diversion, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment, 

excavation, channel rectification, bridge, conduit, culvert, building, refuse, automobile body, fill, 

or other analogous structure or matter in, along, across or projecting into any one hundred-year 

floodplain which may impede, retard, or alter the pattern of flow of water, either in itself or by 

catching or collecting debris carried by the water, or that is placed where the natural flow of 

water would carry the same downstream to the damage or detriment of either life or property. 

"Base flood" means a flood having a one percent chance of being equalled or exceeded in any 

given year. A base flood is the same as a one hundred year flood. 

"Base flood elevation" means the elevation above sea level of the base flood in relation to 

National Geodetic Vertical Datum of 1929 unless otherwise specified in the flood hazard study. 

"Channelization project" means the excavation and/or construction of an artificial channel for 

the purpose of diverting the entire flow of a stream from its established course. 

"Establish" means to construct, place, insert, or excavate. 

“Existing manufactured home park or subdivision" means a manufactured home park or 

subdivision where the construction of facilities for servicing the manufactured homes lots is 

completed before the effective date of the floodplain management regulations. This includes, at 

a minimum, the installation of utilities, the construction of streets, and either final site grading or 

the pouring of concrete pads. 

"FEMA" means the Federal Emergency Management Agency. 

"Flood" or "flooding" means a general and temporary condition of partial or complete 

inundation of normally dry lands from the overflow of a stream, or the unusual and rapid 

accumulation or runoff of surface waters from any source. 

"Flood Insurance Rate Map" means the map on which FEMA has delineated both the one 

hundred year floodplains and the risk premium zones. 

"Flood insurance study" means the report in which FEMA has provided flood profiles, as well 

as the Flood Boundary/Floodway Map and the water surface profiles. 


"Floodplain" means the areas subject to these regulations, generally adjoining a stream, that 

would be covered by floodwater of a base flood except for designated shallow flooding areas that 

receive less than one foot of water per occurrence. The floodplain consists of a floodway and 

floodway fringe. 

"Flood Insurance Study" means the report in which FEMA has provided flood profiles, as well 

as the Flood Boundary/Floodway Map and the water surface profiles. 

"Floodplain" means the areas subject to these regulations, generally adjoining a stream, that 

would be covered by floodwater of a base flood except for designated shallow flooding areas that 

receive less than one foot of water per occurrence. The floodplain consists of a floodway and 

floodway fringe. 

"Floodway" means the channel of a stream and the adjacent overbank areas that must be 

reserved in order to discharge a base flood without cumulatively increasing the water surface 

elevation more than one-half foot. 

"Floodway fringe" means that portion of the floodplain outside the limits of the floodway. 

"Levee" means a manmade embankment, usually earthen, designed and constructed in 

accordance with sound engineering practices to contain, control or divert the flow of water to 

provide protection from temporary flooding. 

"Levee System" means a flood protection system that consists of a levee, or levees, and 

associated structures, such as drainage and closure devices, which are constructed and operated 

in accordance with sound engineering practices. 

"Lowest floor" means any floor used for living purposes, storage or recreation. This includes 

any floor that could be converted to such a use. 

"Manufactured home" means a structure that is transportable in one or more sections, built on 

a permanent chassis, and designed to be used with or without a permanent foundation when 

connected to the required utilities. This does not include recreational vehicles. 

"Manufactured home park or subdivision" means a parcel or contiguous parcels of land 

divided into two or more manufactured home lots for rent or sale. 

"Mean sea level" means the National Geodetic Vertical Datum (NGVD) of 1929 or other 

datum to which base flood elevations are references. 

"New construction" means structures for which construction, substantial improvement, or 

alteration commences on or after the effective date of these regulations. 

"Official floodplain maps" means the Flood Insurance Rate Maps and Flood 

Boundary/Floodway Maps provided by FEMA for the city dated July 15, 1988. 

"One hundred-year flood" means a flood having a one percent chance of being equalled or 

exceeded in any given year. A one hundred-year flood has nearly a 23 percent change of 

occurring in a twenty-five-year period. A one hundred year flood is the same as a base flood. 

"Permit issuing authority" means the Bozeman commission. 

"Recreational vehicle" means a vehicle which is (1) built on a single chassis; (2) four hundred 

square feet or less when measured at the largest horizontal projections; (3) designed to be selfpropelled 

or permanently towable by a light duty truck; and (4) designed primarily for use as 

temporary living quarters for recreation, camping, travel, or seasonable use, not for use as a 

permanent dwelling. 

"Riprap" means stone, rocks, concrete blocks or analogous material that is placed along the 

banks or bed of a stream to alleviate erosion. 

"Start of construction" means the commencement of clearing, grading, filling or excavating to 

prepare a site for construction. 


"Structure" means a walled and roofed building, manufactured home, a gas or liquid storage 

tank, bridge, culvert, dam, diversion, wall revetment, dike, or other projection may impede, 

retard or alter the pattern of flow of water. 

"Substantial damage" means damage sustained by a structure where the cost of restoring the 

structure to its condition before damage would equal or exceed fifty percent of the market value 

of the structure before the damage occurred. 

"Substantial improvement" means any repair, reconstruction or improvement of a structure, 

the cost of which equals or exceeds fifty of the market value of the structure either: 

1. Before the improvement or repair is started, or 

2. If the structure has been damaged, and is being restored, before the damage occurred. For 

the purposes of this definition, substantial improvement is considered to occur when the 

first construction to any wall, ceiling, floor or other structural part of the building 

commences. The term does not include: 

a. Any project for improvement of a structure to comply with existing state or local 

health, sanitary, or safety code specifications which are solely necessary to assure 

safe living conditions, or 

b. Any alteration of a structure listed on the National Register of Historic Places or State 

Inventory of Historic Places. 

"Suitable fill" means fill material which is stable, compacted, well-.graded, pervious, 

generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree 

stumps or other organic material, and is fitting for the purpose of supporting the intended use 

and/or permanent structure. 

"Variance" means a grant of relief from the requirements of this section that would permit 

construction in a manner otherwise prohibited by this section. 

"Violation" means the failure of a structure or other development to be fully compliant with 

this section. A structure or other development without elevation certificate, certification by a 

licensed engineer or architect of compliance with these regulations, or other evidence of 

compliance is presumed to be in violation until such time as documentation is provided. 

44.050 Floodplain district establishment. 

The floodplain districts established are defined by the base flood elevations and one hundredyear 

flood plains as delineated in the Flood Insurance Study. The basis for the Flood Insurance 

Study is a scientific and engineering report entitled The Flood Insurance Study for the City of 

Bozeman, Montana, dated July 15, 1988, with accompanying Flood Insurance Rate Maps and 

Flood Boundary/Floodway Maps. The official floodplain maps, together with the Flood 

Insurance Study are on file in the office of the floodplain administration. 

44.060 Floodplain administrator. 

The city floodplain administrator has been designated to be the city engineer. The 

responsibilities of this position are outlined in Section 44.130. 

44.070 Rules for interpretation of floodplain district boundaries. 

The boundaries of the one hundred-year floodway shall be determined by scaling distances on 

the official floodplain maps and using the floodway data table contained in the flood insurance 

study report. The maps may be used as a guide for determining the one hundred-year floodplain 


oundary, but the exact location of the floodplain boundary shall be determined where the base 

flood elevation intersects the natural ground. 

44.080 Compliance with regulations. 

No structure or land use shall be located, extended, converted or structurally altered without full 

compliance with the provisions of these regulations and other applicable regulations. These 

regulations meet the minimum floodplain development requirements as set forth by the Montana 

Board of Natural Resources and Conservation and the National Flood Insurance Program. 

44.090 Abrogation and greater responsibility. 

It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, 

deed restrictions, or underlying zoning. However, where this section imposes greater 

restrictions, the provisions of this section shall prevail. 

44.100 Regulation interpretation. 

The interpretation and application of the provisions of these regulations shall be considered 

minimum requirements and liberally construed in favor of the governing body and not deemed a 

limitation or repeal of any other powers granted by state statute. 

44.110 Warning and disclaimer of liability. 

This section does not imply that areas outside the delineated floodplain boundaries or permitted 

land uses will always be totally free from flooding or flood damages. These regulations shall not 

create a liability or cause of action against the city or any officer or employee thereof for flood 

damages that may result from reliance upon these regulations. 

44.120 Disclosure provision. 

All owners of property in an identified one hundred-year floodplain as indicated on the official 

floodplain maps must notify potential buyers or their agents that such property is subject to the 

provisions of this section. 

44.130 Administration of regulations. 

A. As provided in Section 44.060, the floodplain administrator has been designated by the 

commission, and has the responsibility of such position as outlined in this section. 

B. The floodplain administrator is appointed with the authority to review floodplain 

development permit applications, proposed uses, and construction to determine compliance with 

these regulations. The floodplain administrator is required to assure all necessary permits have 

been received from those governmental agencies from which approval is required by federal and 

state law and local codes, including Section 404 of the Federal Water Pollution Control Act of 

1972, 33 U.S.C. 1334, and under the provisions of the Natural Streambed and Land Preservation 

Act. 

1. Additional Factors. Floodplain development permits shall be granted or denied by the 

floodplain administrator on the basis of whether the proposed establishment, alteration or 

substantial improvement of an artificial obstruction meets the requirements of this 

section. Additional factors that shall be considered for every permit application are: 

a. The danger to life and property due to increased flood heights, increased flood water 

velocities, or alterations in the pattern of flood flow caused by encroachments; 


. The danger that materials may be swept onto other lands or downstream to the injury 

of others; 

c. The proposed water supply and sanitation systems and the ability of these systems to 

prevent disease, contamination and unsanitary conditions; 

d. The susceptibility of the proposed facility and its contents to flood damage and the 

effects of such damage on the individual owner; 

e. The importance of the services provided by the facility to the community; 

f. The requirement of the facility for a waterfront location; 

g. The availability of alternative locations not subject to flooding for the proposed use; 

h. The compatibility of the proposed use with existing development and anticipated 

development in the foreseeable future; 

i. The relationship of the proposed use to the comprehensive plan and floodplain 

management program for the area; 

j. The safety of access to property in times of flooding or for ordinary and emergency 

services; and 

k. Such other factors as are in harmony with the purposes of these regulations, the 

Montana Floodplain and Floodway Management Act, and the National Flood 

Insurance Program. 

C. A floodplain development permit application is considered to have been automatically 

granted sixty days after the date of receipt of the application by the floodplain administrator 

unless the applicant has been notified that the permit is denied, conditionally approved, or 

additional information pertinent to the permit review process is required. 

D. The floodplain administrator shall adopt such administrative procedures as may be necessary 

to efficiently administer the provision of these regulations. 

E. The floodplain administrator shall maintain such files and records as may be necessary to 

document nonconforming uses, base flood elevations, floodproofing and elevation certifications, 

fee receipts, the issuance of permits, agenda, minutes, records of public meetings, and any other 

matters related to floodplain management in the Bozeman floodplain jurisdictional area. Such 

files and records shall be open for public inspection. In matters of litigation, the city attorney 

may restrict access to specific records. 

F. The floodplain administrator may require whatever additional information is necessary to 

determine whether the proposed activity meets the requirements of these regulations. Additional 

information may include hydraulic calculations assessing the impact on base flood elevations or 

velocities; level survey; or certification by a registered land surveyor, professional engineer or 

licensed architect that the requirements of these regulations are satisfied. 

G. Upon receipt of an application for a permit or a variance, the floodplain administrator shall 

prepare a notice containing the facts pertinent to the application and shall publish the notice at 

least once in a newspaper of general circulation in the area. Notice shall also be served by firstclass 

mail upon adjacent property owners and the Department of Natural Resources and 

Conservation (DNRC) Floodplain Management Section. The notice shall provide a reasonable 

period of time, not less than fifteen days, for interested parties to submit comments on the 

proposed activity. 

H. Copies of all permits granted must be sent to the Department of Natural Resources and 

Conservation in Helena, Montana. 

1. In riverine situations, notifications by the floodplain administrator must be made to 

adjacent communities, the Floodplain Management Section (DNRC), and FEMA prior to 


any alteration or relocation of a stream. The flood-carrying capacity within the altered or 

relocated portion of any stream must be maintained. Erosion control measures shall be 

incorporated to ensure stability of altered channels and stream banks. 

44.140 Permit applications. 

A. Activities or uses that require the issuance of a permit. including the expansion or alteration 

of such uses, shall not be initiated, established or undertaken until a permit has been issued by 

the floodplain administrator. 

B. Permit applicants shall be required to furnish the following information as deemed necessary 

by the floodplain administrator for determining the suitability of the particular site for the 

proposed use: 

1. Plans in duplicate drawn to scale (including dimensions) showing the nature, location and 

elevation of the lot; existing and proposed structure locations; fill, storage, or materials 

site; floodproofing measures; mean sea level elevation of first floor of proposed 

structures; and location of the channel and limits of one hundred-year floodplain 

boundary; 

2. A plan view of the proposed development indicating external dimensions of structures, 

street or road finished grade elevations, well locations, individual sewage treatment and 

disposal sites, excavation and/or fill quantity estimates, and site plan and/or construction 

plans; 

3. Specifications for floodproofing, filling, excavating, grading, riprapping, storage or 

materials and location of utilities; 

4. A professional engineer's or registered architect's design calculations and certification that 

the proposed activity has been designed to be in compliance with these regulations; 

5. Certification of floodproofing and/or elevation shall be provided on a standard form 

available from the floodplain administrator. 

C. To determine that the permit specifications and conditions have been completed, applicants 

who have received permits are required to furnish the following at the time of an on-site 

conformance inspection: 

1. Certification by a registered professional engineer or licensed land surveyor of the actual 

mean sea level elevation of the lowest floor (including basement) of all new, altered or 

substantially improved buildings; 

2. If floodproofing techniques were used for buildings, the mean sea level elevation to which 

the floodproofing was accomplished must be certified by a structural engineer or licensed 

architect in the same manner, 

3. Certification shall also be required. for artificial obstructions other than-buildings, that 

the activity was accomplished in accordance with these regulations and the design plans 

submitted with the application for the permit activity. This certification may be waived 

by the floodplain administrator if it can be clearly ascertained by a site inspection that the 

activity was accomplished in accordance with these regulations. 

4. Certification of floodproofing and/or elevation shall be provided on a standard form 

available from the floodplain administrator. 


44.150 Emergency waiver. 

A. Emergency repair and replacement of severely damaged public transportation facilities, 

public water and sewer facilities, and flood control works may be authorized. Floodplain 

development permit requirements may be waived if: 

1. Upon notification and prior to emergency repair and/or replacement, the floodplain 

administrator determines that an emergency condition exists warranting immediate 

action; and 

2. The floodplain administrator agrees upon the nature and type of proposed emergency 

repair and/or replacement. 

B. Authorization to undertake emergency repair and replacement work may be given verbally if 

the floodplain administrator feels that such a written authorization would unduly delay the 

emergency works. Such verbal authorization must be followed by a written authorization 

describing the emergency condition, and the type of emergency work agreed upon, and stating 

that a verbal authorization had been previously given. 

44.160 Review-Variances-Appeals. 

A. There is created a local floodplain management board of adjustment, the membership, 

administration. and rules of procedure of which are identical to a zoning board of adjustment. 

B. The board of adjustment may, by variance, grant a permit that is not in compliance with the 

minimum standards contained in these regulations according, to the following procedures: 

1. Variances shall not be issued for areas within a floodway if any additional increase in 

flood elevations or velocities after allowable encroachments into the floodway fringe 

would result; 

2. Variances shall only be issued upon: 

a. A showing of good and sufficient cause, 

b. A determination that refusal of a permit due to exceptional circumstances would cause 

a unique or undue hardship on the applicant or community involved, 

c. A determination that the granting of a variance will not result in increased flood 

hazards, present additional threats to public safety, be an extraordinary public 

expense, create nuisances, cause fraud, victimize the public, or conflict with existing 

state and local laws, 

d. A determination that the proposed use would be adequately floodproofed, 

e. A determination that a reasonable alternate location outside the floodplain is not 

available, 

f. A determination that the variance requested is the minimum necessary to afford relief, 

considering the flood hazard, and 

g. Approval of the Montana Department of Natural Resources and Conservation, upon 

request from the permit issuing authority, prior to formally approving any permit 

application that is in variance to these regulations; 

3. Variances shall be issued in writing from the permit issuing authority and shall notify the 

applicant that: 

a. A specific variance is granted, and certain conditions may be attached; 

b. The issuance of a variance to construct a building below the one hundred-year 

floodplain elevation will result in increased premium rates; and 

c. Such construction below the one hundred year flood elevation increase risks to life and 

property. The floodplain administrator shall maintain records of the variance 


notification and actions, including justification for their issuance, and forward copies 

of all variance actions to the Montana Department of Natural Resources and 

Conservation and the Federal Emergency Management Agency. 

C. Appeal of any decision of the permit issuing authority, its officers, or agencies may be taken 

by an aggrieved person or persons, jointly or separately, to a court of record. 

44.170 Fees. 

Fees shall be established by resolution of the commission and shall be submitted with each 

permit application. 

44.180 Floodplain development - Compliance. 

Any use, arrangement, or construction not in compliance as authorized by permit, shall be 

deemed a violation of this section and punishable as provided in Section 44.420. An applicant is 

required to submit certification by a registered professional engineer, architect, land surveyor, or 

other qualified person designated by the floodplain administrator that finished fill and lowest 

building floor elevations, flood proofing, hydraulic design, or other flood protection measures 

were accomplished in compliance with these regulations. 

44.190 Emergency preparedness - planning. 

In formulating community development goals, the community shall consider the development of 

a plan for evacuating residents of all manufactured home parks or subdivisions located within 

flood prone areas. This plan should be developed, filed with, and approved by appropriate 

community emergency management authorities. 

44.200 Applications-Specific standards. 

The minimum floodplain development standards listed in this section apply to the floodway and 

floodway fringe portions of the one hundred-year floodplain as delineated on the flood hazard 

area maps. 

44.210 Floodway-Uses allowed without permits. 

The following open space uses shall be allowed without a permit within the floodway, provided 

that such uses conform to the provisions of Sections 44.360 through 44.400; are not prohibited 

by any other regulation, resolution or statute; and do not require filled, excavation, permanent 

storage of materials, or equipment or structures other than portable structures: 

A. Agricultural uses; 

B. Accessory uses such as loading and parking areas, or emergency landing strips associated 

with industrial and commercial facilities; 

C. Private and public recreational uses such as golf courses, driving ranges, archery ranges, 

picnic grounds, boat-launching ramps, parks, wildlife management and natural areas, game 

farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and 

fishing areas, and hiking or horseback riding trails; 

D. Forestry, including processing of forest products with portable equipment; 

E. Residential uses such as lawns, gardens, parking areas and play areas; 

F. Irrigation and livestock supply wells, provided that they are located at least five hundred feet 

from domestic water supply wells; 

G. Fences, except permanent fences crossing channels; and 


H. Recreational vehicles provided that they be on the site for fewer than one hundred eighty 

consecutive days, or be fully licensed and ready for highway use. A recreational vehicle is ready 

for highway use if it is on its wheels or jacking system with wheels intact, is attached to the site 

only by quick disconnect type utilities and security devices, and has not permanently attached 

additions. 

44.220 Floodway-Uses requiring permits. 

The following artificial obstructions may be permitted in the floodway subject to the issuance of 

a permit by the floodplain administrator: 

A. Excavation of material from pits and pools provided that: 

1. A buffer strip of undisturbed land is left between the edge of the channel and the edge of 

the excavation. This buffer strip must be of sufficient width to prevent flood flows from 

channeling into the excavation; 

2. The excavation meets all applicable laws and regulations of other local and state agencies; 

and 

3. Excavated material is disposed of or stockpiled outside the floodway; 

B. Railroad, highway and street stream crossings provided the crossings are designed to offer 

minimal obstruction to flood flow. Stream crossings shall not increase the elevation of the one 

hundred-year flood more than one-half foot nor cause a significant increase in flood velocities; 

C. Limited filling for highway, street and railroad embankments not associated with stream 

crossings, provided that: 

1. Reasonable alternate transportation routes outside the designated floodway are not 

available, and 

2. Such floodway encroachment is located as far from the stream channel as possible and 

shall not result in a cumulative increase in base flood elevations, after allowable 

encroachments into the floodway fringe, exceeding one-half foot; 

D. During or suspended utility transmission lines, provided that: 

1. Suspended utility transmission lines are designed so the lowest point of the suspended line 

is at least six feet higher than the base flood elevation; 

2. Towers and other appurtenant structures are designed and placed to withstand and 

minimally obstruct flood flows; and 

3. Utility transmission lines carrying toxic or flammable materials are buried to a depth of at 

least twice the calculated maximum depth of scour for a one hundred-year flood. The 

maximum depth of scour shall be determined by hydraulic engineering methods 

acceptable to the floodplain administrator; 

E. Storage of materials and equipment, provided that: 

1. The material or equipment is not subject to major damage by flooding and is properly 

anchored to prevent floatation or downstream movement, or 

2. The material or equipment is readily movable within the limited time available after flood 

warning. Storage of flammable, toxic, hazardous or explosive materials shall not be 

permitted; 

F. Domestic water supply wells, provided that: 

1. They are driven or drilled wells located on ground higher than the surrounding -round to 

assure positive drainage from the well, 

2. Well casings are watertight to a distance of at least twenty-five feet below the ground 

surface, 


3. Water supply and electrical lines have a watertight seal where the lines enter the casing, 

4. All pumps, electrical lines and equipment are either submersible or adequately 

floodproofed, and 

5. Check valves are installed on main water lines at wells and at all building entry locations; 

G. Buried and sealed vaults for sewage disposal in recreational areas, provided they meet 

applicable laws and standards administered by the Montana Department of Health and 

Environmental Sciences; 

H. Public or private campgrounds, provided that: 

1. Access roads require only limited fill and do not obstruct or divert flood waters, and 

recreational vehicles and travel trailers are licensed and ready for highway use. They are 

ready for highway use if on wheels or jacking system with wheels intact, are attached to 

the site with only quick disconnect type utilities and securing devices, and have no 

permanently attached additions; 

I. Structures accessory to the uses permitted in this section such as boat docks, marinas, sheds, 

picnic shelters, tables and toilets provided that: 

1. The structures are not intended for human habitation, 

2. The structures will have a low flood damage potential, 

3. The structures will, insofar as possible, by located on around higher than the surrounding 

ground and as far from the channel as possible, 

4. The floodproofing standards of Sections 44.360 through 44.400 are met, and 

5. The structures will be constructed and placed so as to offer minimal obstruction to flood 

flows and are anchored to prevent flotation; 

J. Replacement of manufactured homes in an existing manufactured home park or subdivision 

on a developed site with servicing utilities. The replacement home must be elevated on a 

permanent foundation so the lowest floor is two feet above the base flood elevation or thirty-six 

inches in height above grade. The foundation must be reinforced concrete, reinforced mortared 

block, reinforced piers, or other foundation elements of at least equivalent strength. The 

manufactured home chassis must be securely anchored to the foundation system so that it will 

resist floatation, collapse and lateral movement. Methods of anchoring may include, but are not 

limited to, use of over-the-top or frame ties to ground anchors; 

K. Substantial improvements to any structure provided that the provisions of subsections C, D 

or E of Section 44.270 are met. In the floodway the structure must be floodproofed or elevated 

on a permanent foundation rather than on fill; 

L. All other artificial obstructions, substantial improvements or nonconforming uses not 

specifically listed or prohibited by these regulations. 

44.230 Floodway-Permits for flood control works. 

Flood control works shall be allowed within floodways subject to the issuance of a permit by the 

floodplain administrator with the following conditions: 

A. Levees and floodwalls are permitted if: 

1. The proposed levee or floodwall is designed and construed to safely convey a one 

hundred-year flood, and 

2. The cumulative effect of the levee or floodwall combined with allowable floodway fringe 

encroachments does not increase the unobstructed base flood elevation more than 0.5 

foot. The floodplain administrator may establish either a lower or higher permissible 

increase in the base flood elevation for individual levee projects only with concurrence 


from the Montana Department of Natural Resources and Conservation and the Federal 

Emergency Management Agency based upon consideration of the following criteria: 

a. The estimated cumulative effect of any anticipated future permissible uses, and 

b. The type and amount of existing flood-prone development in the affected area. 

3. The proposed levee or floodwall, except those to protect agricultural land, is constructed 

at least three feet higher than the base flood elevation; 

B. Riprap, except that which is handplaced, if: 

1. The riprap is designed to withstand a one hundred-year flood, 

2. The riprap does not increase the base flood elevation, and 

3. The riprap will not increase erosion upstream, downstream, or adjacent to the riprap site; 

C. Channelization projects if they do not significantly increase the magnitude, velocity, or base 

flood elevation in the proximity of the project; 

D. Dams, provided that: 

1. They are designed and constructed in accordance with the Montana Darn Safety Act and 

applicable safety standards, and 

2. They will not increase flood hazards downstream, either through operational procedures 

or improper hydraulic design. 

44.240 Floodway-Permits for water diversions. 

Permits for the establishment of a water diversion of change in place of diversion shall not be 

issued if, in the judgment of the floodplain administrator: 

A. The proposed diversion will significantly increase the upstream base flood elevation to the 

detriment of neighboring property; 

B. The proposed diversion is not designed and constructed to minimize potential erosion from a 

one hundred-year flood; and 

C. Any permanent diversion structure crossing the full width of the stream channel is not 

designed and constructed to safely withstand a one hundred year flood. 

44.250 Floodway-Prohibited uses. 

The following artificial obstructions and nonconforming uses are prohibited within the floodway: 

A. New construction of any residential, commercial or industrial structure including 

manufactured homes; 

B. Encroachments including fill, new construction, alterations, substantial improvements, and 

other development within the adopted regulatory floodway that would result in erosion of the 

embankment, obstruction of the natural flow of waters, or increase in flood levels within the 

community during the occurrence of the one hundred-year flood; 

C. The construction or permanent storage of an object subject to floatation or movement during 

flooding; 

D. Solid and hazardous waste disposal, sewage treatment and sewage disposal systems; 

E. Storage of toxic, flammable, hazardous or explosive materials; and 

F. Alterations of structures unless it can be shown the alteration will not raise flood heights. 

44.260 Floodway fringe-Uses allowed without permits. 

All uses allowed in the floodway, according to the provisions of Section 44.210 of these 

regulations. shall also be allowed without a permit in the floodway fringe. In addition, 

individual or multiple family subsurface sewage disposal systems are allowed only when they 


are reviewed and approved under laws and regulations administered by the Department of Health 

and Environmental Sciences or the local health board. 

44.270 Floodway fringe-Uses requiring permits. 

All uses allowed in the floodway subject to the issuance of a permit, according to the provisions 

of Sections 44.220 through 44.240, shall also be allowed by permit within the floodway fringe. 

In addition. new construction, substantial improvements, and alterations to structures are 

allowed by permit. This includes but is not limited to residential, commercial and industrial 

construction and suitable fill to be allowed by permit from the floodplain administrator, subject 

to the following conditions: 

A. Such structures or fill must not be prohibited by any other statute, regulation, ordinance or 

resolution; 

B. Such structures or fill must be compatible with local comprehensive plans; 

C. The new construction, alterations, and substantial improvements of residential structures 

including manufactured homes must be constructed on suitable fill such that the lowest floor 

elevation (including basement) is two feet or more above the base flood elevation. The suitable 

fill shall be at an elevation no lower than the base flood elevation and shall extend for at least 

fifteen feet, at that elevation, beyond the structure(s) in all directions; 

D. The new construction, alteration, and substantial improvement of commercial and industrial 

structures can be constructed on suitable fill as specified in subsection C of this section. If not 

constricted on fill, commercial and industrial structures must be adequately floodproofed to an 

elevation no lower than two feet above the base flood elevation. Floodproofing must be certified 

by a registered professional engineer or architect that the floodproofing methods are adequate to 

withstand the flood depths, hydrodynamic and hydrostatic pressures, velocities, impact, 

buoyancy, and uplift forces associated with the one hundred-year flood. 

1. If the structure is designed to allow internal flooding of areas below the lowest floor, use 

of this space shall be limited to parking, loading areas, building access, and storage of 

equipment or materials not appreciably affected by flood waters. The floors and wall 

shall be designed and constructed of materials resistant to flooding to an elevation no 

lower than two feet above the base flood elevation. Walls shall be designed to 

automatically equalize hydrostatic forces by allowing for entry and exit of floodwaters. 

Openings may be equipped with screens, louvers, valves, other coverings, or devices 

which permit the automatic entry and exit of floodwaters. 

2. Structures whose lowest floors are used for a purpose other than parking, loading, or 

storage of materials resistant to flooding shall be floodproofed to an elevation no lower 

than two feet above the base flood elevation. Floodproofing shall include impermeable 

membranes or materials for floors and walls and watertight enclosures for all windows, 

doors and other openings. These structures shall also be designed to withstand the 

hydrostatic, hydrodynamic and buoyancy effects of a one hundred-year flood. 

3. Floodproofing of electrical, heating and plumbing systems shall be accomplished in 

accordance with Sections 44.360 through 44.400; 

E. All manufactured homes placed in the floodway fringe must have the chassis securely 

anchored to a foundation system that will resist floatation, collapse or lateral movement. 

Methods of anchoring may include, but are not limited to, over-the-top or fringe ties to ground 

anchors. The following conditions also apply: 


1. When a manufactured home is a) altered, b) replaced because of substantial damage as a 

result of a flood, or c) replaced on an individual site, the lowest floor must be elevated 

two feet above the base flood elevation. The home can be elevated on fill or raised on a 

permanent foundation of reinforced concrete, reinforced mortared block, reinforced piers, 

or other foundation elements of at least equivalent strength. 

2. Replacement or substantial improvement of manufactured homes in an existing 

manufactured home park or subdivision must be raised on a permanent foundation. The 

lowest floor must be at least thirty-six inches above the ground or raised two feet above 

the base flood elevation, whichever is less. The foundation must consist of reinforced 

concrete, reinforced mortared block, reinforced piers, or other foundation elements of at 

least equivalent strength. 

3. Manufactured homes proposed for use as commercial or industrial structures must be 

elevated and anchored, rather than floodproofed; 

F. Fill material placed in the floodway fringe must be stable, compacted, well graded, pervious, 

generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree 

stumps or other organic material, and appropriate for the purpose of supporting the intended use 

and/or permanent structure; 

G. Roads, streets, highways and rail lines shall be designed to minimize increase in flood 

heights. Where failure or interruption of transportation facilities would result in danger to the 

public health or safety, the facility shall be located two feet above the base flood elevation; 

H. Agricultural structures that have a low damage potential, such as sheds, barns, shelters, and 

hay or grain storage structures must be adequate anchored to prevent floatation or collapse and 

all electrical facilities shall be placed above the base flood elevation; and 

1. Recreational vehicles, if they are on the site for more than one hundred eighty consecutive 

days or are not ready for highway use, must meet the elevating requirements of 

subsection C of this section. 

44.280 Floodway fringe-Prohibited uses. 

The following artificial obstructions and nonconforming uses are prohibited within the floodway 

fringe: 

1. Solid and hazardous waste disposal; and 

2. Storage of highly toxic, flammable, hazardous or explosive materials. Storage of 

petroleum products may be allowed by permit if stored on compacted fill at least two feet 

above the base flood elevation and anchored to a permanent foundation to prevent 

downstream movement. 

44.290 Floodplain areas with flood elevations and no delineated floodway. 

A. A development proposed for a one hundred year floodplain, where water surface elevations 

are available but no floodway is delineated. may not significantly increase flood velocities or 

depths or generally alter patterns of flood flow. The provisions of Sections 44.260 through 

44.280 shall apply to these areas. The floodplain administrator may require a permit applicant to 

furnish additional hydraulic data before acting on a permit application for such a floodplain. The 

data may include, but are not limited to, any of the following: 

1. A hydraulic study documenting probably effect on upstream, downstream or adjacent 

property owners caused by the proposed development; or 


2. The calculated increase in the one hundred year flood water surface profile caused by the 

proposed development. 

B. Permits for such proposed development may be modified or denied if the additional 

information shows that the proposed use would cause an additional flood hazard to adjacent 

property or significantly increase in flood heights is one-half foot unless existing or anticipated 

development in the area dictates a lesser amount of allowable increase. 

44.300 Shallow flooding (AO zones). 

A. Shallow flooding areas are delineated as AO zone floodplains of the Flood Insurance Rate 

Maps. The provisions of Section 44.270 shall apply to any AO zone floodplains. The depth of 

the one hundred-year flood is indicated as the depth number on the Flood Insurance Rate Maps. 

The one hundred-year flood depth shall be referenced to the highest adjacent grade or stream 

flow line in determining which fill or floodproofing heights to use in applying the provisions of 

subsections C and D of Section 44.270. In the absence of depth or elevation information, a 

minimum two-foot flood depth shall be used. 

B. Floodplain Boundary Interpretation. The floodplain administrator shall make interpretations 

where needed as to the exact location of an AO zone floodplain boundary when there is a 

conflict between a mapped boundary and actual field conditions. 

44.310 Applicability to unnumbered A zones. 

The minimum floodplain development standards listed in this section apply to the one hundredyear 

floodplains delineated by approximate methods and identified as unnumbered A zones on 

the Flood Insurance Rate Maps. 

44.320 A zones-Uses allowed without permits. 

All uses allowed in a floodway, according to the, provisions of Section 44.210, shall also be 

allowed without a permit in unnumbered A zone floodplains. 

44.330 A zones-Uses requiring permits. 

All uses allowed in the floodway and floodway fringe subject to the issuance of a permit 

according to the provisions of Section 44.270, shall require permits from the floodplain 

administrator for unnumbered A zone floodplains. Also, the provisions of Section 44.270 apply 

to the A zone floodplains with no floodway delineated or water surface profile computed. Since 

there are no one hundred-year flood water surface profiles computed for A zone floodplains, the 

following conditions also apply: 

1. Elevation data on the one hundred-year flood shall be provided for subdivision proposals 

according to the definitions and rules of the Montana Sanitation in Subdivisions Act, 

MCA 76-4 Part 1 and the rules adopted by DHES under this act. These data shall be used 

in the applying subsections C, D and E of Section 44.270. Subdivision proposals shall 

also provide for adequate drainage to minimize potential flood hazards; 

2. The floodplain administrator may obtain, review and reasonably use any base flood 

elevation and floodway data available from federal, state or other sources, until such data 

have been provided by FEMA, to enforce subsections C and D of Section 44.270; 

3. The floodplain administrator may use historical flood elevations to determine suitable fill 

or floodproofing elevations as required by subsections C and D of Section 44.270; 


4. If historical flood evidence is not available, then the floodplain administrator shall 

determine, from a field review at the proposed development site, an appropriate fill or 

floodproofing elevation to use in applying subsections C and D of Section 44.270. In the 

absence of depth or elevation information, a minimum two-foot flood depth shall be used; 

and 

5. Proposed structures must be anchored to prevent floatation or collapse and must be 

located as far from stream channels as practicable. 

44.340 A zones - Prohibited uses. 

Those uses prohibited in the floodway fringe, in accordance with Section 44.280, shall also be 

prohibited within the A zone floodplain boundaries. 

44.350 A zones-Floodplain boundary interpretation. 

The floodplain administrator shall make interpretations where needed as to the exact location of 

the unnumbered A zone floodplain boundary when there is a conflict between a mapped 

boundary and actual field conditions. 

44.360 Floodproofing requirements - Certification. 

If the following floodproofing requirements are to be applied to a proposed structure, as 

stipulated by the floodplain administrator in accordance with these regulations, the methods used 

must be certified as adequate by a registered professional engineer or architect. 

44.370 Floodproofing requirements - Conformance. 

Permitted floodproof systems shall conform to the conditions listed in Sections 44.380 through 

44.400 and the floodproofing standards listed in subsection D of Section 44.270 for commercial 

and industrial structures. 

44.380 Floodproofing requirements - Electrical systems. 

A. All incoming power service equipment, including all metering equipment, control centers, 

transformers, distribution and lighting panels, and all other stationary equipment must be located 

at least two feet above the base flood elevation; 

B. Portable or movable electrical equipment may be placed below the base flood elevation, if the 

equipment can be disconnected by a single submersible plug-and-socket assembly; 

C. The main power service line shall have automatic or manually operated electrical disconnect 

equipment located at an accessible location outside the one hundred-year floodplain and above 

the base flood elevation; and 

D. All electrical wiring systems installed at or below the elevation of the one hundred-year flood 

shall be suitable for continuous submergence and may not contain fibrous components. 

44.390 Floodproofing requirements - Heating systems. 

A. Float operated automatic control valves must be installed in gas furnace supply lines so that 

the fuel supply is automatically shut off when flood waters reach the floor level where the 

furnace is located; 

B. Manually operated gate valves must be installed in gas supply lines. The gate valves must be 

operable from a location above the elevation of the one hundred-year flood; 


C. Electric heating systems must be installed in accordance with the provisions of Section 

30(A). 

44.400 Floodproofing requirements - Plumbing systems. 

A. Sewer lines, except those to be buried and sealed in vaults, must have check valves installed 

to prevent sewage backup into permitted structures; and 

B. All toilet stools, sinks, urinals and drains must be located so the lowest point of possible 

water entry is at least two feet above the elevation of the one hundred-year flood. 

44.410 Violation notice. 

The floodplain administrator shall bring any violation of this section to the attention of the local 

governing body; its legal council; and the Montana Department of Natural Resources and 

Conservation. 

44.420 Violation-Penalty. 

Violation of the provisions of this section or failure to comply with any of the requirements, 

including permit approval prior to development of floodprone lands and conditions and 

safeguards established shall constitute a misdemeanor. Any person who violates this section or 

fails to comply with any of its requirements shall, upon conviction, be fined not more than one 

hundred dollars or imprisoned in jail for not more than ten days or both. Each day's continuance 

of a violation shall be deemed a separate and distinct offense. 


Section 45 

CASINO OVERLAY DISTRICT 

Sections: 


45.020 Application for zoning designation. 


45.040 Restrictions. 



45.070 Yards. 

45.080 Building heights 


The intent of the Casino Overlay District is to provide suitable locations for casinos (as defined in 

section 4.350) 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 welfare. 

45.020 Application for zoning designation. 

Any person wishing to establish a casino must make application as per Section 55, Text 

Amendments and Rezoning Changes, for a Casino Overlay District. 


Permitted uses in the Casino Overlay District are as follows: 

A. Principal uses. 

All principal uses permitted in the M-1 district if the underlying zoning is M-1 

All principal uses permitted in the M-2 district if the underlying zoning is M-2 

B. Conditional uses. 

Casinos 

All conditional uses permitted in the M-1 district if the underlying zoning is M-1 

All conditional uses permitted in the M-2 district if the underlying zoning is M-2 

C. Accessory uses. 

All accessory uses permitted in the M-1 district if the underlying zoning is M-1 

All accessory uses permitted in the M-2 district if the underlying zoning is M-2 

45.040 Restrictions. 

A. Casino Overlay Districts shall be permissible zoning only in areas previously zoned M-1, Light 

Manufacturing District, or M-2, Manufacturing and Industrial District. 


B. Casino Overlay Districts shall not be located within an Entryway Overlay District except for 

the I-90 entryway overlay corridor. Casino Overlay Districts shall not be located in areas where 

the I-90 entryway corridor overlaps other Entryway Overlay Districts. 

C. Casino Overlay District lots shall not be located within six hundred (600) feet, in any direction, 

of lots used for schools, churches, residences, public parks, or other casinos. 

D. Sale for on-premise consumption of beer, wine and liquor is permissible only for casino and 

restaurant establishments. 


There shall be no minimum lot area; however, no lot width shall be less than one hundred feet 

(100’) and the lot area shall be sufficient to provide all required yard areas and off-street parking. 


The entire lot, exclusive of required yards and parking, may be occupied by the principal and 

accessory buildings. 

45.070 Yards. 

Every lot within a Casino Overlay District shall have the following minimum yards: 




(Note: All yards shall be subject to the provisions of section 43.060 and subsection 50.060.D when 

applicable.) 


Maximum building height in a Casino Overlay District shall be thirty-eight feet (38’) for 

buildings with roof pitches of 3:12 or greater and thirty-two feet (32’) for buildings with flat 

roofs or with roof pitches of less than 3:12 


Section 46 

LANDSCAPING 

Sections: 



46.030 General Landscaping Provisions. 

46.040 Mandatory Landscaping Provisions. 

46.050 Landscape Performance Standards. 

46.060 Deviation From Landscaping Requirements. 

46.070 Landscaping Completion and Maintenance. 


A. Purpose and Intent. The process of development, with its alteration of the natural 

topography and vegetation and creation of impervious cover can have a negative effect on the 

ecological balance of an area by causing or accelerating the processes of runoff, erosion and 

sedimentation. The economic base of the Gallatin County area can and should be protected 

through the preservation and enhancement of the area’s unique natural beauty and environment. 

Recognizing that the general objectives of this section are to promote and protect the health, 

safety and welfare of the public, these landscaping regulations as part of this title are adopted for 

the following specific purposes: 

1. To aid in stabilizing the environment's ecological balance by contributing to the process 

of air purification, oxygen regeneration, groundwater recharge and stormwater runoff 

retardation, while at the same time aiding in noise, glare and heat abatement; 

2. To provide visual buffering between land uses of differing character; 

3. To enhance the beauty of the zoning jurisdiction; 

4. To protect the character and stability of residential, business, institutional and industrial 

areas; 

5. To preserve the value of land and buildings; and 

6. To conserve energy. 

B. Interpretation and Scope. 

1. The provisions of this section shall apply to a lot or site when an application is being 

made for: 

a. Site plan approval pursuant to Section 52; 

b. Signs pursuant to Section 65 where landscaping is required; 

c. Restoration of a building that has been damaged or destroyed by fire, explosion, 

flood, tornado, riot, act of the public enemy, or accident of any kind. For purposes of 

this paragraph, "restoration" means the act of putting back into a former or original 

state, only. 


2. Not withstanding the application of subsection B.1 above, these provisions shall not 

apply to the following: 

a. Lots containing only single-family and/or residential duplex uses when located 

outside entryway corridors, except that such lots shall be subject to subsection 

46.040.C (Street Frontage Landscaping Required); 

b. Lots or sites within an approved planned unit development which has been approved 

with its own landscape plan. However, these provisions shall be used as the basis for 

determining the landscaping plans for future planned unit developments and such 

planned unit development landscaping plans shall meet or exceed the standards of 

these landscape regulations; 

c. Lots or sites which are designed, reviewed and approved according to the deviation 

provisions specified in section 46.060 below. 


A. All words in this section shall be defined as provided herein and, if not defined herein, shall 

be defined as in the definition of terms of Section 4 of this title and, if not defined therein, shall 

be defined as in the current edition of The Illustrated Book of Development Definitions by 

Harvey S. Moskowitz and Carl G. Lindbloom, and if not defined in The Illustrated Book of 

Development Definitions, shall have their customary dictionary definitions. 

B. Words used in the present tense include the future tense; words used in the singular include 

the plural, and words used in the plural include the singular. The word "shall" is always 

mandatory. 

"Artificial lot" means an area within the building site that is delineated by the planning 

director for the sole purpose of satisfying the requirements of this section (see subsection 

(D)(1) of this section). 

"Berm" means a mound of earth two to six feet high, planted with vegetative groundcover, 

with a slope not exceeding one foot of rise for each two feet of run. 

"Caliper" means the diameter of the trunk measured six inches (6”) above ground level up to 

and including four inch (4”) caliper size, and measured twelve inches (12”) above ground 

level if the measurement taken at six inches (6”) above ground level exceeds four inches 

(4”). If a tree is of a multi-trunk variety, the caliper of the tree is the average caliper of 

all of its trunks. 

"Canopy tree" means a species of tree which normally bears crown foliage no lower than six 

feet (6’) above ground level upon maturity. 

"Enhanced pavement" means any permeable or nonpermeable decorative pavement material 

intended for pedestrian or vehicular use. Examples of enhanced pavement include brick 

or stone pavers, grass paver, exposed aggregate concrete, and stamped and stained 

covered pavement. 

"Evergreen tree or shrub" means a tree or shrub of a species which normally retains its 

leaves/needles throughout the year. 

"Groundcover" means natural mulch or plants of species which normally reach a height of 

less than two feet upon maturity, installed in such a manner so as to form a continuous 

cover over the ground. 


"Landscape architect" means a person licensed to practice landscape architecture in the state 

of Montana. 

"Landscaping" means at least seventy-five percent (75%) coverage of an area with natural 

grass, vegetative groundcover, or other natural living plant materials, the remainder of 

which is covered with nonvegatative decorative landscape design elements such as 

washed rock, lava rock, bark chips, and ornamental features such as pools, fountains, 

benches, etc. For purposes of this title, the term landscaping shall be considered to have 

the same meaning as the terms landscape, landscaped and landscaped area. 

"Large shrub" means a shrub which normally reaches a height of five feet (5’) or more upon 

maturity, and usually has five or more canes. 

"Large tree" means a tree of a species which normally reaches a height of twenty-five feet 

(25’) or more upon maturity, and usually has a single stem. 

"Lot" means: 

1. A "lot" as defined in section 4.910; and 

2. An "artificial lot" as defined in this subsection. 

"Lot with residential adjacency" means any of the following: 

1. A building site in a residential zoning district, if the site abuts or is directly across a 

public street or alley from an R-1, R-2, R-2a, R-3, R-3a, R-4 or R-O zoning district; 

2. A building site in a nonresidential zoning district, if the site abuts or is directly across 

a public street or alley from an A-S, R-S, R-1, R-2, R-2a, R3, R-3a, R-4 or R-O 

zoning district; 

3. An artificial lot in a residential district, if the lot is less than two hundred feet from an 

R-1, R-2, R-2a, R-3, R-3a, R-4 or R-O zoning district; 

4. An artificial lot in a nonresidential zoning district, if the lot is less than two hundred 

feet from an A-S, R-S, R-1, R-2, R-2a, R-3, R-3a, R-4 or R-O zoning district. 

"Nonpermeable coverage" means coverage with nonpermeable pavement. "Nonpermeable 

pavement" means any pavement that is not "permeable pavement" as defined in this 

section. 

"Permeable pavement" means a paving material that permits water penetration to a soil depth 

of eighteen inches or more. Permeable pavement may consist of nonporous surface 

materials poured or laid in sections not exceeding one square foot in an area and 

collectively comprising less than two-thirds of the total surface area. 

"Screening" means a method of visually shielding or obscuring one abutting or nearby 

structure or use from another through the use of densely planted vegetation and/or berms. 

"Small tree" means a tree of a species which normally reaches a height of less than twentyfive 

feet (25’) upon maturity. 

"Soil" means a medium in which plants will grow. 

46.030 General Landscaping Provisions. 

A Designation of Artificial Lot. 

1. All the lots and building sites described in subsection 46.010.B.1 shall be subject to 

landscaping provisions; however, if a building site is over two (2) acres in size, the 

applicant may request that the planning director create an artificial lot to satisfy the 

requirements of this section. 


2. The planning director shall not create an artificial lot which would, in his/her opinion, 

violate the spirit of these landscape regulations. An artificial lot must: 

a. Wholly include the area on which the development is to occur; and 

b. Have an area that does not exceed fifty percent (50%) of the area of the original site. 

3. Platting Not Required for Artificial Lots. An artificial lot need not be platted; however it 

must be designated on plans approved by the planning director, staff, planning board or 

commission prior to the issuance of a building permit. 

B. Landscape Plan Submission. 

1. Submittal with Site Plan Application. If these landscape regulations apply to a lot or site 

subject to plan review and approval outlined in Section 52, a separate landscape plan 

shall be submitted as part of the site plan application unless the required landscape 

information can be included in a clear and uncluttered manner on a one inch to twenty 

feet site plan. 

2. Landscape Plat Format. The landscape plan submittal shall include: 

a. Twenty blueline or blackline copies of the plan; 

b. Maximum scale of one inch to twenty feet (1”=20’); 

c. Standard drawing sheet of a size not to exceed twenty-four inches by thirty-six inches 

(24”x36”); a plan which cannot be drawn entirely on a twenty-four inch by thirty-six 

inch sheet must be drawn on two or more sheets, with match lines. 

3. Preparation of Landscape Plan. Landscape plans shall be prepared and certified by: 

a. A registered Montana landscape architect; 

b. An individual with a degree in landscape design and two years of professional design 

experience; or 

c. An individual with a degree in a related field (such as horticulture, botany, plant 

science, etc.) and at least five years of professional design experience. 

4. Contents of Landscape Plan. A landscape plan required pursuant to this title shall contain 

the following information: 

a. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the 

property owner and the person preparing the plan; 

b. Location of existing boundary lines and dimensions of the lot, the zoning 

classification of the lot, and the zoning classification of adjacent properties. A 

vicinity map should also be attached on or made a part of the plan; 

c. Approximate centerlines of existing water courses and the location of any one 

hundred-year floodplain; the approximate location of significant drainage features; 

and the location and size of existing and proposed streets and alleys, utility 

easements, utility lines, driveways, and sidewalks on the lot and/or adjacent to the lot. 

d. Project name, street address, and lot and block description; 

e. Location, height and material of proposed screening and fencing (with berms to be 

delineated by one-foot contours); 

f. Locations and dimensions of proposed landscape buffer strips; 


g. Complete landscape legend providing a description of plant materials shown on the 

plan, including typical symbols, names (common and botanical name), locations, 

quantities, container or caliper sizes at installation, heights, spread, and spacing. The 

location and type of all existing trees on the lot over six inches in caliper must be 

specifically indicated; 

h. Complete description of landscaping and screening to be provided in or near off-street 

parking and loading areas, including information as to the amount (in square feet) of 

landscape area to be provided internal to parking areas and the number and location 

of required off-street parking and loading spaces; 

i. An indication of how existing healthy trees (if any) are to be retained and protected 

from damage during construction; 

j. Size, height, location, and material of proposed seating, lighting, planters, sculptures, 

and water features; 

k. A description of proposed watering methods. 

l. Location of visibility triangles on the lot (if applicable); 

m. Designated snow removal storage areas; 

n. Complete description and details of pavement, curbs, sidewalks and gutters; 

o. Front and side elevations of buildings, fences and walls with height dimensions; 

p. Show location of existing and/or proposed drainage facilities which are to be used for 

drainage control; 

q. Existing and proposed grade; 

r. Location, dimension (size and height) and use of existing and proposed buildings, 

fences and walls. Show open stairways and other projections from exterior building 

walls; 

s. Table of landscape performance point totals as per section 46.050 below. 

C. Landscape Plan Review. 

1. The staff and, if required by this title the planning board and the commission, shall 

review each landscape plan to determine whether or not it complies with the requirements 

of this section. 

2. All landscape plans must comply with the mandatory landscape provisions in section 

46.040 below. 

3. In addition, all landscape plans must earn a minimum number of points as specified in 

subsection 46.050. Points are awarded for specified landscape features and elements 

based upon their relative value or merit. The alternatives for achieving the minimum 

points needed for approval are provided in section 46.050, Landscape Performance 

Standards, below. 

46.040 Mandatory Landscaping Provisions. 

A. Yard Landscaping Required. For all uses in all districts, unless otherwise provided by 

specific approval through design review procedures, all front, side, and rear yards, exclusive of 

permitted access drives, parking lots, and accessory structures, shall be landscaped as defined 

herein. All landscaped areas shall be perpetually maintained in a healthy condition. 


1. Additional Screening Requirements. The approval authority may require additional 

screening when it is determined to be in the best interest of the affected properties. Such 

additional screening may be required between existing and/or future: 

a. Single-family and multifamily developments or apartment buildings; 

b. Multifamily and multifamily developments or apartment buildings; 

c. Residential and nonresidential uses; or 

d. Nonresidential uses of differing character and/or intensity. 

B. Parking Lot Landscaping. 

1. For purposes of defining parking lot landscaping requirements, the term "parking lot" 

means the area within the perimeter of the paved portion of the parking lot, including 

driving aisles but not including access drives. 

2. All surface parking lots on the building site or artificial lot, whichever is applicable, shall 

be landscaped in accordance with the following paragraphs which describe landscaping 

requirements in addition to the yard landscaping requirements for the site: 

a. Parking Lot Screening Required. 

i. All parking lots located on a lot with a residential adjacency must be screened 

from that residential adjacency. 

ii. All parking lots located between a principal structure and a public street, except in 

M- I and M-2 districts, must be screened from the public street. 

iii. The screening required shall be not less than eight feet (8’) in width and shall be 

maintained at a height of four to six feet (4’-6’) except as otherwise restricted by 

fence and hedge height limits within required front yards and site triangles. 

b. Large canopy trees, large non-canopy trees or small trees must be provided in, or 

immediately adjacent to, all parking lots at a minimum average density of: 

i. One large canopy tree; or 

ii. One large non-canopy tree and one small tree; or 

iii. Three small trees; for each nine parking spaces required or provided, whichever is 

greater. 

c. No parking space may be located more than ninety feet (90’) from the trunk of a tree. 

d. No tree may be planted closer than four feet (4’) to the paved portion of the parking 

lot. 

e. Additionally, any parking lot providing fifteen (15) or more parking spaces shall have 

a minimum of twenty (20) square feet of landscape area within the parking lot for 

each off-street parking space in the lot provided as follows: 

i. Wherever possible, the interior parking lot landscaping shall be designed to 

facilitate, control and denote proper vehicular circulation patterns. 

ii. Internal parking lot landscaping provided shall be proportionately dispersed so as 

to define aisles and limit unbroken rows of parking to a maximum of one hundred 

feet, with landscaped areas provided in an appropriate scale to the size of the 

parking lot. 

iii. The minimum width and/or length of any parking lot landscaped area shall be 

eight feet (8’). 

f. The above standards are minimum mandatory standards which may be superseded by 

the provisions of section 46.050 below, for receipt of performance standard points. 


3. Screening of Off-Street Loading Spaces. 

a. All off-street loading spaces on a lot with residential adjacency must be screened 

from that residential adjacency. 

b. In all districts except M-1 and M-2 districts, all off-street loading spaces on a lot must 

be screened from all public streets adjacent to that lot. 

c. The screening required under paragraphs a. and b. above must be at least six feet (6’) 

in height. 

C. Street Frontage Landscaping Required. 

1. Except in A-S and R-S districts, all street rights-of-way contiguous with the proposed 

development site not used for street pavement, curbs, gutters, sidewalks or driveways 

shall be landscaped as defined in this title and shall include, at a minimum, one large 

canopy tree for each fifty feet (50’) of street frontage. Acceptable large canopy shade 

trees for use in public rights-of-way include the following species: 

Ash, Summit Green (Fraxinus; pennsylvanica); 

Honeylocust, Seedless (Gleditsia triacanthos); 

Hackberry, Common (Celtis occidentalis); 

Linden, American (Tilia americana); 

Linden, Littleleaf (Tilia cordata); 

Locust, Black (Robinia pseudoacacia); 

Maple, Norway (Acer platanoides); 

Maple, Schwedler (Acer platanoides "Schwedler"); 

Maple, Sugar (Acer saccharum); 

Mountain Ash, European (Sorbus aucaparia); 

Oak, Bur (Quercus macrocarpa); 

Walnut, Black (Juglans nigra). 

2. Where it may be impractical or difficult to plant large canopy trees within the public 

right-of-way (due to the presence of overhead power lines, for instance) the requirement 

for one large canopy tree for each fifty feet (50’) of street frontage may be substituted 

with two small ornamental trees per fifty feet of street frontage. Acceptable small 

ornamental trees for use in public rights-of-way include the following species: 

Chokecherry, Amur (Prunus maackii); 

Crabapple, many species (malus spp.); 

Hawthorn (Crataegus spp.); 

Lilac, Japanese Tree (Syringa reticulata); 

Maple, Amur (Acer ginnala); 

Maple, Tatarian (Acer tataricum). 

3. Tree species may be added to or deleted from the above lists upon recommendation of a 

tree advisory board duly appointed by the commission. 

4. The minimum quantity of trees and other landscaping required and provided in the public 

right-of-way as described herein shall be designed to complement on-site landscaping 

and to enhance the proposed development project and the streetscape. 


5. Street Median Island Landscaping. All street median islands approved through a plan 

review process shall be landscaped according to requirements determined through the 

plan review process. 

D. Acceptable Landscape Materials. 

1. Acceptable plant materials shall be those listed in General Selection Factors for 

Landscape Trees and Shrubs by Cooperative Extension Service, Montana State 

University, Circular No. 1280, October 1982. However, in the case of street frontage 

landscaping as required in subsection 46.040.C above, acceptable tree species shall be 

limited to those listed therein. 

a. No artificial plant materials may be used to satisfy the requirements of this section. 

2. Plant materials used to satisfy the requirements of this section must comply with the 

following minimum size requirements at the time of installation (depending on the 

standard measuring technique for the species). 

a. Large trees must have a minimum caliper of one and one-half inches to two inches 

(1-½” to 2”), or a minimum height of ten feet (10’). 

b. Small trees must have a minimum caliper of one inch to one and one-half inches 

(1” to 1-½”) or a minimum height of eight feet (8’). 

c. Large evergreen shrubs must have a minimum height of two feet (2’) or, if of a 

spreading form, a minimum spread of two feet (2’). 

d. For purposes of this section, height is measured from the top of the root ball or, if the 

plant is in a container, from the top soil level in the container. 

3. Protection of Landscape Areas. 

a. Perimeter parking lot treatment as required in subsection 47.020.G (Parking Lot 

Curbing) shall be installed to protect landscape areas adjacent to parking lots. 

b. Landscape areas within parking lots (i.e., landscape islands or peninsulas) must be 

protected from vehicular traffic through the use of continuous concrete curbs, or other 

permanent barriers approved by the road and bridge superintendent. Railroad ties, 

rolled asphalt, pin down wheel stops or similar methods of curbing are not acceptable 

methods of landscape protection within parking lots. 

4. Irrigation Standards. 

a. Permanent irrigation systems shall be provided to all landscaped areas. The use of 

hose bibs on the exterior of existing or proposed structures is not an acceptable 

method of landscape irrigation unless the landscaped area is adjacent to the existing 

or proposed structure. 

b. All irrigation systems and landscaped areas shall be designed, constructed and 

maintained so as to promote water conservation and prevent water overflow or 

seepage into the street, sidewalk or parking areas. 

5. Required Use of Trees. All landscape plans must include, for each yard with a residential 

adjacency (as defined), at least one of the performance standards in subsection 46.050.B.2 

below that requires the use of one or more trees. 


46.050 Landscape Performance Standards. 

A. Additional Requirements. In addition to complying with the mandatory landscape 

provisions in section 46.040 above, all landscape plans must earn a minimum number of points 

as specified below. Points are awarded for specified landscape features and elements based upon 

their relative value or merit. The minimum number of points needed for landscape plan approval 

by zoning district is as follows. The alternatives for achieving the minimum points needed for 

approval are provided below. 

B. Yard Landscaping Enhancement. An applicant may earn points under this subsection by 

enhancing mandatory yard landscaping as follows: 

YARD LANDSCAPING ENHANCEMENT Lot With Residential Lot Without Residential 

POINTS 

Adjacency 

Adjacency 

All districts except B-1 district and PUDs 23 15 

B-1 18 15 

PUD Overlay Each proposal within a planned unit development, overlay district, or seeking a 

District deviations deviation to landscaping requirements will be evaluated on the basis of the overall 

design excellence of the proposal with consideration to the points required by the 

most applicable zoning district and applicable residential adjacency. 

1. Three points are awarded when the landscaped yard has a minimum average width five 

feet to ten feet (5’-10’) greater than the minimum yard required by this title. Five points 

are awarded if the minimum average width is more than ten feet greater (>10’) than the 

minimum yard required by this title. 

2. Five points per yard (up to fifteen points maximum) are awarded when the landscaped 

yard contains one or more of the following groups of plant materials at a minimum 

average density of one group for each fifty linear feet (50’) of each landscaped yard: 

a. One large canopy tree and one large non-canopy tree; 

b. One large canopy tree and two small trees; 

c. One large canopy tree and five evergreen shrubs; 

d. One large canopy tree, one small tree, and two large evergreen shrubs; 

e. Two large non-canopy trees, and one small tree. 

3. In the case of a lot with residential adjacency only, eight points are awarded for providing 

vegetative screening in the landscaped yard with residential adjacency in accordance with 

the following subparagraphs: 

a. The screening must be of natural vegetation at least six feet (6’) in height; 

b. The screening must extend along the entire length of the portion of the landscaped 

yard where a residential adjacency exists, exclusive of: 

i. Public street frontage, 

ii. Driveways and accessways at points of ingress and egress to the lot, and 

iii. Visibility triangles; 

c. However, no points are awarded for screening required by subsection 46.040.B 

above unless the required screening is constructed of earthen berm or evergreen 

plant materials; 


d. If screening is provided by an earthen berm or evergreen plant materials, the 

following additional regulations apply: 

i. An earthen berm must be planted with groundcover. The earthen berm may 

not have a slope that exceeds one foot of rise for each two feet of run and 

must be at least four feet (4’) high, including planting materials, subject to 

front yard and sight triangle height limitations. 

ii. Evergreen plant materials must: 

(A) Be located in a bed that is at least three feet (3’) wide, 

(B) Be placed a maximum of forty-eight inches (48”) on center over the 

entire length of the bed unless an alternative planting density that a 

landscape architect certifies as being capable of providing a solid 

appearance within three years is approved, and 

(C) Provide a visual barrier of the required height within three years of 

their initial planting. 

4. Parking Lot Landscaping. 

a. Ten points are awarded when all surface parking lots, as defined in subsection 

46.040.B of this section on the building site or artificial lot whichever is applicable, 

are landscaped in accordance with all of the following paragraphs: 

i. A minimum of twenty (20) square feet of landscape area must be provided in the 

parking lot for each required off-street parking space in the lot; 

ii. The parking lot must contain one of the plant groups from subsection B.2 of this 

section above at an average density of one group, plus an additional one large 

canopy tree, for each required sixteen (16) parking spaces; 

iii. No required parking space may be located more than seventy feet (70’) from the 

trunk of a large canopy tree. 

5. Special Amenities. 

a. Pedestrian facilities. One point is awarded for each one percent (1%) increment of lot 

area covered by publicly accessible special pedestrian facilities and features such as 

plazas, courtyards, covered walkways, fountains, lakes, streams and ponds, seating 

areas, and outdoor recreation facilities, up to a maximum of five points. 

C. Landscaping of Public Areas. Maintenance of landscaping installed within the boulevard 

portion of the public right-of-way shall be the responsibility of adjacent property owners. 

46.060 Deviation From Landscaping Requirements. 

A. To achieve the optimal landscape design on individual sites or to coordinate the landscape 

design in an area, it may be necessary to deviate from the strict application of landscaping 

requirements. An application for such deviation shall be processed through the pertinent design 

review authority and approved by the commission. 


B. The application for deviation shall be subject to the submittal and procedural requirements of 

Section 52, Plan Review and Approval, and shall be accompanied by written and graphic 

material sufficient to illustrate the conditions that the modified standards will produce, so as to 

enable the commission to determine that the deviation will produce an environment, landscape 

quality and character superior to that produced by the existing standards, and will be consistent 

with the intent and purpose of this section. Upon such a finding, the commission may authorize 

deviations of up to twenty percent from landscape design standards contained herein. 

46.070 Landscaping Completion and Maintenance. 

A. Landscaping Completion. All landscaping must be completed or improvements secured in 

accordance with the provisions of Section 62. 

B. General Maintenance. 

1. Required landscaping must be maintained in a healthy, growing condition at all times. 

The property owner is responsible for regular weeding, mowing of grass, irrigating, 

fertilizing, pruning, and other maintenance of all plantings as needed. Any plant that dies 

must be replaced with another living plant that complies with the approved landscape 

plan. Failure to maintain required landscaping in a healthy growing condition at all times 

may result in revocation of an occupancy permit. When enforcing this provision of this 

title, external factors such as seasonality and availability of landscape stock shall be 

considered before any action to revoke an occupancy permit is taken. 

2. Any damage to utility lines resulting from the negligence of the property owner or his 

agents or employees in the installation and maintenance of required landscaping in a 

utility easement is the responsibility of the property owner. If a public utility disturbs a 

landscaped area in a utility easement, it shall make every reasonable effort to preserve the 

landscaping materials and return them to their prior locations after the utility work. If, 

nonetheless, some plant materials die, it is the obligation of the property owner to replace 

the plant materials. 




Section 47 

PARKING 

Sections: 

47.010 General Provisions. 

47.020 Stall, Aisle and Driveway Design. 

47.030 Maintenance. 

47.040 Number of Spaces Required. 

47.050 No Parking in Required Front or Side Yards. 

47.010 General Provisions. 

A. Floor Area. 

1. The term "floor area," for the purpose of calculating the number of off-street parking 

spaces required, shall mean the "gross floor area," measured on the basis of the exteriorarea 

dimensions of the building, minus the following: 

a. Window display areas; 

b. Storage areas; 

c. Areas used for incidental repair of equipment used or sold on the premises; 

d. Areas occupied by toilets and restrooms; 

e. Areas occupied by public utility facilities; 

f. Areas occupied by dressing rooms, fitting or alteration rooms incidental to the sale of 

clothing; 

g. Areas occupied by stairways and elevators; 

h. Corridors connecting rooms or suites of rooms: 

2. Provided, however, at the election of the owner thereof, floor area shall mean eighty-five 

percent (85%) of the gross floor area of the building (without deduction of exceptions 

subsection A.1 set above). Such election shall be made in writing to the planning 

director, shall be signed and acknowledged by the owner and shall be filed with the 

planning director prior to the issuance of a building permit for such building. The owner 

shall also be responsible for certifying other information upon which parking 

requirements may be based, such as seats, and the number of employees on maximum 

working shift. 

3. Where applicable, the number of spaces required in section 47.040 below will be the total 

of the spaces required for the component activities of certain uses, each calculated 

separately. 

B. Change of Use or Occupancy of Buildings. With any change of use or occupancy of any 

building or buildings, including additions to buildings, that may require more parking, an 

occupancy permit is required and shall not be issued until such additional parking spaces, as 

required by this title, are furnished. 


47.020 Stall, Aisle and Driveway Design. 

A. Parking Dimensions. The following shall be the minimum parking space dimensions: 

1. Surface Parking. 

Angle Width 1 Length Aisle Width 

Standard Disabled Compact 5 Standard Disabled Compact 5 

90 9’ 13’ 8’ 18/20’ 2 18/20’ 2 16’ 26’ 3 

60 9’ 13’ 8’ 18/20’ 18/20’ 16’ 18/23’ 4 

45 9’ 13’ 8’ 18/20’ 18/20’ 16’ 15/23’ 4 

Notes: 

1. As measured by a line perpendicular to the stall line at a point on the outside end of the stall. 

except when the stall is on the inside edge of a curve, in which case the point of measurement 

shall be on the inside end of the stall. 

2. Eighteen feet if measured from a curb on the inside edge of the stall; twenty feet if measured 

from a painted line on the inside edge of the stall. Stall length variations are subject to approval. 

3. For ninety-degree parking, aisles are two-way; 

4. First number refers to one-way traffic; second number to two-way traffic. If the aisle is 

needed as a fire lane, a twenty-foot minimum is required. 

5. Unless otherwise approved, all parking spaces shall be of standard width and length. In any 

parking facility containing twenty or more parking spaces, a maximum of twenty-five percent of 

the required parking spaces may be reduced in size for small cars, provided these spaces shall be 

clearly identified with a sign permanently affixed immediately in front of each space containing 

the notation, "Compacts Only." Where feasible, all small car spaces shall be located in one or 

more contiguous areas and/or adjacent to ingress-egress points within parking facilities. 

Location of compact car parking spaces shall not create traffic congestion or impede traffic 

flows. 

2. Within Structures. 

a. The off-street parking requirements may be furnished by providing spaces so 

designed within the principal building or accessory parking structure; however, no 

building permit shall be used to convert the parking structures into a dwelling unit or 

living area or other activity until other adequate provisions are made to comply with 

the required off-street parking provisions of this title. 

b. All parking structures or portions of structures used for parking shall meet applicable 

Uniform Building and Fire Code requirements. 

3. Exceptions to These Parking Requirements. Because some situations (i.e., existing lots 

which have no landscaping, irregular lots, lots with topographic difficulties, etc.) would 

benefit from an alternative to the required maximum parking areas; because the 

community's appearance could benefit from additional landscaping, streetscaping and 

sculptural elements; the following alternatives may be permitted: These alternatives may 

be proposed by the developer for review by the staff. Such proposals may be approved 

based on a determination that such alternatives meet the following requirements and will 

not create a congested on-street parking situation in the vicinity of the proposal. 

a. Landscaping in Lieu of Parking. Property owners have the option of requesting the 

deletion of up to five required spaces or ten percent of the required parking spaces, 

whichever is less, if three hundred fifty square feet of landscaping, trees, 


streetscaping or sculptural elements (not signage) is installed on the property for each 

space so deleted. This shall not decrease the amount of landscaping that would have 

been required with full parking, but shall be in addition to such landscaping. This 

option shall be approved by the staff. These improvements must be placed in the 

public right-of-way or yards directly facing the right-of-way. 

B. Circulation Between Bays. Except in the case of one to three-family dwellings and 

individual townhouse units, parking areas shall be designed so that circulation between parking 

bays occurs within the designated parking lot and does not depend upon a public street or alley. 

1. Backing into Public Right-of-Ways. Except in the case of one to three-family dwellings 

and individual townhouse units, parking area design which requires backing into the 

public street or alley is prohibited. In all cases where backing occurs, the required aisle 

width shall be provided. The aisle width calculation may incorporate the width of the 

public right-of-way. 

C. Parallel Parking Spaces. Parallel parking spaces shall be a minimum of twenty-four feet 

(24’) in length. 

D. Surfacing. Except for single-family development on individual lots, all areas intended to be 

utilized for permanent parking space and driveways shall be paved with concrete or asphaltic 

concrete, or approved pavers, to control dust and drainage. All proposed parking areas and 

driveway improvements shall require a grading and drainage plan. 

1. Paving shall not be required for permitted and conditional uses in the A-S and R-S zoning 

districts when all of the following circumstances exist: 

a. The use is required to provide fewer than fifteen (15) parking spaces and no loading 

spaces under the provisions of this section; 

b. The lot or tract on which the use is located is not adjacent to a paved street or road; 

and 

c. The applicant shall enter into an improvements agreement with the county agreeing 

that the lot shall be paved within nine months of the time an adjacent roadway is 

paved. 

2. Striping. Except for one to three-family dwellings and individual townhouse units, all 

parking stalls shall be marked with painted lines not less than four inches wide. 

E. Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to 

reflect the light down and/or away from adjoining property, abutting residential uses and public 

rights-of-way, and shall be in compliance with the lighting restrictions in section 50.035. 


F. Signs. No sign shall be so located as to restrict the sight lines and orderly operation and 

traffic movement within any parking area. All signs shall conform to the requirements of 

Section 65. 

G. Parking Lot Curbing. 

1. Except for individual townhouse units and one to three-family dwellings, all open offstreet 

parking areas and driveways shall have a six inch by six inch perimeter concrete 

curb around the entire parking lot, including driving access ways. Continuous concrete 


curbing shall be built according to standards provided by the road and bridge 

superintendent. 

2. Concrete pin-down wheel stops may be permitted as an alternative to continuous concrete 

curbing in front of parking spaces which front on the perimeter of the parking lot. 

However, continuous concrete curbing as described above shall be provided in all 

situations where deemed necessary by the road and bridge superintendent to control 

drainage and soil erosion. 

3. Alternative perimeter treatment may be permitted adjacent to snow storage areas subject 

to the approval. 

4. Requirements for perimeter curbing shall not preclude opportunities for shared access 

between adjacent parking lots. 

5. Protruding Vehicles. All on-site parking stalls which abut property lines shall be 

designed and constructed such that parked vehicles shall not protrude over property lines. 

H. Pedestrian Facilities in Parking Lots. Concrete sidewalks a minimum of three feet in 

width shall be provided between any existing or proposed building and adjacent parking lot. 

Where sidewalk curbs serve as wheel stops, an additional two feet of sidewalk width is required. 

I. Snow Removal Storage Areas. Snow removal storage areas shall be provided sufficient to 

store snow accumulation on site. Such areas shall not cause unsafe ingress/egress to the parking 

areas, shall not cause snow to be deposited on public rights-of-way, shall not include areas 

provided for required parking access and spaces, and shall not be placed in such a manner as to 

damage landscaping. All snow removal storage areas shall be located and designed such that the 

resultant stormwater runoff is directed into landscaped retention/detention and water quality 

improvement facilities as required or in compliance with any adopted storm drainage ordinance. 

J. Parking and Stacking for Drive-In/Drive Through Facilities. Required parking and 

stacking spaces for waiting automobiles shall be determined and shall not in any manner inhibit 

onsite or off-site vehicular circulation. 

K. Ownership/Leasehold. Required parking lots shall be owned or leased by the owner or 

lessee of the building or use being served by such parking. Such parking lots shall be maintained 

as a parking lot so long as the building and/or use served is in operation or until another 

approved parking area is established for such building or use. 

L. Storm Water Drainage. Storm water drainage from parking lots shall be directed into 

landscaped detention/retention facilities and water quality improvement facilities as required or 

in compliance with any adopted storm drainage ordinance. 

47.030 Maintenance. 

A. Responsibility. It shall be the joint and separate responsibility of the lessee and owner of the 

principal use, uses or building to maintain in a neat and adequate manner, the parking space, 

accessways, striping, landscaping and required fences or screening. 


B. Use of Required Parking Areas for Parking Only. Required off-street parking spaces in 

any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable 

vehicles, except when permitted as a temporary use. 

C. Parking Spaces Identified and Maintained. All residential occupancies shall provide 

required off-street parking spaces. When enclosing a carport or garage for storage or living 

purposes, an affidavit shall be submitted to the planning director identifying the required parking 

spaces necessary to comply with subsection 47.040.A.1 below. 

47.040 Number of Spaces Required. 

A. Minimum Requirements. The following minimum number of off-street, paved parking 

spaces shall be provided and maintained by ownership, easement and/or lease for and during the 

life of the respective uses hereinafter set forth: 

1. Residential Uses. All site plans submitted for permit purposes shall identify parking 

space allocations. 

Dwelling Types Off-Street Parking Spaces Required 

With On-Street Parking Without On-Street Parking 

(Spaces/Unit) 

(Spaces/Unit) 

Single-Family 2.00 3.00 

Mobile Homes 2.00 3.00 

Two-Family 2.00 3.00 

Three-Family 2.25 2.25 

Four-Family 2.25 2.25 

Townhouse 2.00 2.25 

Apartments 2.00 2.20 

Group homes and community 1 space per potential guest 1 space per potential guest 

residential facilities 

room 

room 

Efficiency unit 1.25 1.25 

Bed and breakfast 1.00 space/rental unit 1.00 space/rental unit 

Lodginghouse 1.25 1.25 

2. Non-Residential Uses. 

Use Type Off-Street or Off-Road Parking Spaces Required 

Automobile sales 1 space per 200 square feet of indoor floor area, plus 

1 spaces per 20 outdoor vehicle display spaces 

Automobile service station 2 spaces per service stall, but no less than 4 spaces 

Automobile washing 

establishment 

-Automatic drive-through 

-Self-service 

3 spaces or 1 for each employee on maximum shift, plus 

stacking space 

2 spaces per stall not including washing or drying spaces 

Bank, financial institutions 1 space per 300 square feet 

Bowling alley 4 spaces per alley, plus 

2 spaces per billiard table, plus 

1 space per each 5 visitor gallery seats 


Church 1 space per 4 seats or 6 linear feet of space in each building 

based upon design capacity of main assembly hall; Public 

assembly areas, recreational buildings - 1 per 200 square feet; 

Classroom - 1 space per 4 seats 

Community or recreation 

center 

1 space per 200 square feet of floor area 

Dancehalls, skating rinks or 

similar uses 


Court clubs (racquetball, 1 space per 200 square feet of floor area, plus 

handball, tennis) 

3 spaces per court 

Day care centers 1 space per 200 square feet of floor area 

Elderly (senior citizens) 

housing 

1 space per unit 

Furniture stores over 20,000 

square feet 

3 spaces per 1,000 square feet of floor area 

Golf courses 1 space per 200 square feet of main building floor area, plus 

1 space for every 2 practice tees in driving range, plus 

4 spaces per each green in the playing area 

Hospitals 1 space per bed 

Medical and dental offices 4 spaces for each full time equivalent doctor or dentist, plus 

1 space for each full time equivalent employee 

Manufacturing and industrial 1 space per 1,000 square feet of floor area, plus 

uses 

1 space per 2 employees on maximum working shifts 

Motels, Hotels 

1.1 spaces per each guest room, plus 

1 space per employee on maximum shift, plus 

spaces for accessory uses as follows: 

-Restaurants, bars, dining 1 space per sixty square feet 

rooms 

1 space per each 400 square feet of floor area 

-Commercial area 

1 space for each 5 seats based upon design capacity, except that 

-Public assembly areas Total off-street or off-road parking for public assembly may be 

reduced by 1 space for every 4 guest room 

Nursing homes, rest homes or 4 spaces, plus 

similar uses 

1 space for each 3 beds, plus 

1 space for each employee on maximum shift 

Offices (except medical and 

dental) 

1 space per 250 square feet of floor area with a minimum of 4 

Outdoor sales (plant nurseries, 1 space per 500 square feet of sales and/or display area. The 

building materials, 

size of the sales and/or display area shall be determined on a 

equipment rental and 

similar) 

case by case basis. 

Restaurants, cafes, bars and 1 space per 50 square feet of indoor public serving area, plus 

similar uses 

1 space per 100 square feet of outdoor (patio) area 

Retail store and service 

establishments 


Sales sites; model homes 1 space per 150 square feet of model floor areas; plus 

1 space per employee 


Schools 

-Elementary and/or Junior 

high 

-Senior High 

-Business or similar school 

1.5 spaces for each classroom, library, lecture hall and 

cafeteria, plus 

1 space per each 3 fixed seats in the in area of public assembly, 

or 

1 space for each 21 square feet of area available for public 

assembly if fixed seats are not provided. 

1.5 spaces for each classroom or lecture hall, plus 

1 space per each 5 students, plus 

1 space for each non-teaching employee, plus 

1 space per each 3 fixed seats in the area of public assembly, or 

1 space per 21 square feet of area available for public assembly 

if fixed seats are not provided. 

1 space for each 1.25 students 

Theater, Auditorium or similar 1 space per 4 seats based upon place of assembly design 

capacity 

Warehousing, storage or 1 space per 1,000 square feet of floor area devoted to storage of 

handling of bulk goods goods, plus: appropriate spaces to support accessory office 

or retail sales facilities at one space per 300 square feet of 

floor area 

B. Disabled Accessible Parking Spaces. 

1. Disabled parking spaces shall be provided subject to federal standards enumerated in the 

Americans with Disabilities Act (ADA) dated January 26, 1992, and Federal Standard 

795, (Uniform Federal Accessibility Standards) dated April 1, 1988, Section 4 

(Accessible Elements and Spaces: Scope and Technical Requirements). 

2. All parking lots and facilities shall be subject to current Uniform Building Code 

guidelines for accessibility, and shall contain a minimum number of disabled accessible 

parking spaces as set forth in the table below: 

Total Parking in Lot 

1 to 25 1 

26 to 50 2 

51 to 75 3 

76 to 100 4 

101 to 150 5 

151 to 200 6 

201 to 300 7 

301 to 400 8 

401 to 500 9 

501 to 1000 2 percent of total 

1001 and over 20 plus 1 for each 100 over 1000 

Required Minimum Number of Accessible Spaces 

a. One in every eight (8) accessible spaces shall have an aisle eight feet (8’) wide (rather 

than five feet) and shall be signed "van accessible." 


. Accessible spaces shall be located as near as practical to a primary entrance(s) and 

shall be designated as those spaces closest to the primary entrance(s) to a facility. 

Parking spaces and access aisles shall be level with slopes not exceeding 1:50 in all 

directions and shall be maintained in an ice and snow free condition. 

c. The minimum number of accessible parking spaces shall be in addition to any 

required parking spaces. 

3. All accessible parking spaces shall be designated as reserved for the disabled by a sign 

showing the symbol of accessibility at each space. Such signs shall not be obscured by a 

vehicle parked in the space. Signs and symbols painted on the pavement as the only 

means of identification, do not meet this requirement. Raised signs shall be located at a 

distance no greater than six feet from the front of each accessible space and shall be 

subject to review and approval by the planning department. 

Figure 47.040.B.3 

Accessible Parking Signage & Striping Detail 


4. Provision of an accessible path of travel from each disabled accessible parking space to 

the entrance of the facility shall include ramped access where necessary and an 

unencumbered minimum three-foot wide walk, sidewalk or ramps. The accessible path 

of travel shall be paved, smooth surface, free of defects or design features that would 

restrict, inhibit or unreasonably impede the movement of a physically disabled individual. 

The least possible slope shall be used for any ramp. The maximum slope of a ramp in 

new construction shall be 1:12, cross slopes shall not exceed one-quarter inch per foot. 

The maximum rise for any run shall be thirty inches (30” or seven hundred sixty 

millimeters). 

5. Exceptions: 

a. Group R occupancies containing three or less dwelling units or congregate residences 

accommodating ten persons or less. 

C. Joint Use of Parking Facilities. 

1. Up to eighty percent (80%) of the parking facilities required by this subsection for a 

church or for an auditorium incidental to a public or parochial school may be supplied by 

the off-street parking facilities by the following daytime uses: banks, business offices, 

retail stores, personal service shops, household equipment or furniture shops, clothing or 

shoe repair or service shops, manufacturing, wholesale and similar uses. 

2. Other joint use of parking by adjacent commercial uses to reduce total parking spaces 

may be allowed with an approved parking study submitted by a registered professional 

engineer, architect or landscape architect. 

3. Conditions Required for Joint Use. 

a. The building or use for which application is being made to utilize the off-street 

parking facilities provided by another building or use shall be located within one 

thousand feet of such parking facilities. 

b. The applicant shall show that there is no substantial conflict in the operating hours of 

the two buildings or uses for which joint use of off-street parking facilities is 

proposed. 

c. A properly drawn legal instrument, executed by the parties concerned for joint use of 

off-street parking facilities, duly approved as to form and manner of execution by the 

county attorney, shall be filed and recorded with the county clerk and recorder. 

D. Off-Site Parking. 

1. Any off-site parking which is used to meet the requirements of this title shall be reviewed 

by the planning director for compliance with this title and shall be subject to the conditions 

listed below. 

a. Off-site parking shall be developed and maintained in compliance with all 

requirements and standards of this title; 

b. Reasonable access from off-site parking facilities to the use being served shall be 

provided; 

c. The site used for meeting the off-site parking requirements of this title shall be under 

the same ownership as the principal use being served, under public ownership, or 

shall have guaranteed permanent use by virtue of a perpetual lease filed with the 

county clerk and recorder; 


d. Off-site parking for single-family and two-family dwellings shall not be permitted; 

e. Off-site parking for multiple-family dwellings shall not be located more than one 

hundred feet from any commonly used entrance of the principal use served; 

f. Off-site parking for nonresidential uses shall not be located more than four hundred 

feet from the commonly used entrance of the principal use and shall not be located in 

residential districts; 

g. Any use which depends upon off-site parking to meet the requirements of this title 

shall maintain ownership or provide evidence of a long-term irrevocable lease 

agreement, running in perpetuity with the existence of the designated use, for parking 

utilization of the off-site location. 

E. Improvement Schedule. All parking area improvements to include surfacing, drainage, 

walkways, lighting, landscaping, screening, traffic control, etc. shall be installed according to the 

provisions of Section 62. 

F. Stacking of Off-Street Parking Spaces. Required parking spaces shall be located so as to 

preclude stacking of off-street parking spaces, with the exception of single-family dwellings and 

individual townhouse units, and duplexes with physically separated individual driveways. 

47.050 No Parking in Required Front or Side Yards. 

A. Required parking spaces shall not be located in any required front or side yard, except that 

detached single-family dwellings and townhouses, and duplexes with physically separated 

individual driveways, may have one space located within a driveway area in the required front 

yard. 


Section 48 

MANUFACTURED HOMES ON INDIVIDUAL LOTS 

Sections: 


48.020 Application. 

48.030 Acceptable Similarity in Exterior Appearance and Construction. 

48.040 Approval Process. 


A. It is the intent of this section to allow manufactured homes, as defined herein, in specified 

zoning districts in which similar one-family dwellings constructed on the site are permitted 

subject to requirements and procedures set forth herein to assure acceptable similarity in exterior 

appearances between such 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 

National Manufactured Housing Construction and Safety Standards of the U.S. Department of 

Housing and Urban Development. 



A. Material to be Supplied. One copy of the application for the proposed manufactured home 

on the individual building lot shall be submitted to the planning director in conjunction with the 

application for a building permit for the building foundation. The application shall include all 

information as deemed necessary by the zoning administrator to make determinations as to 

conformity with subsection 48.030 below, and it shall include a minimum of: 

1. 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 one hundred fifty feet of each corner of the 

proposed site. 

2. Description of siding and roofing material in sufficient detail as to make possible 

determination as to its appearance and durability. 


48.030 Acceptable Similarity in Exterior Appearance and Construction. 

A. Standards for Determination. The following standards shall be used in determinations of 

acceptable similarity in appearance and construction between manufactured homes with 

permanent foundation and residences constructed on the site to assure 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, or use colors or color 

combinations that will be incompatible in the residential neighborhood. 

2. The roof shall have sloping lines with eaves, such as gable, mansard and shed style roofs 

or shall be compatible with conventionally built homes in the surrounding areas. The 

pitch of the main roof shall not be less than one foot of rise for each four feet of 

horizontal run. Minimum distance from eaves to ridge shall be ten feet (10’). 

3. The roofing material shall be shake, tile, composition shingle, or other materials 

commonly found on conventionally built homes in the surrounding areas. 

4. The exterior covering material shall be similar or closely compatible to that found on 

conventionally built residential structures in the surrounding area. Reflection from such 

exterior shall not be greater than from siding coated with clean, white, gloss, exterior 

enamel. 

5. The exterior covering material shall extend to the ground. If a solid concrete or masonry 

perimeter foundation is used, the exterior covering material shall extend below the top of 

the foundation. 

6. The exterior covering and roofing materials of the garage(s), carport(s) and accessory 

buildings shall be compatible with the materials on the manufactured home. 

7. The finished floor shall be a maximum of twenty-four inches (24”) above the exterior 

finished grade of the lot, or similar to the conventionally built homes in the surrounding 

area. 

8. The manufactured home shall be so located on the lot that the portion nearest the 

principal street frontage is at least thirty-four feet (34’) in total length when measured as 

a line parallel to the street. Such dimension shall be measured from outer extremities, 

including eaves, and shall include any additions to the main body of the manufactured 

home, such as living or recreation rooms, garages, carports, utility rooms, and the like, 

the front portions of which are within ten feet (10’) of the front of the main body of the 

manufactured homes. 

9. Manufactured homes on permanent foundations shall meet all 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, accessory buildings; and off-street parking. 

10. Manufactured homes shall be approved for location on individual building lots only if 

they have been certified as meeting the National Manufactured Housing Construction and 

Safety Standards of the U.S. Department of Housing and Urban Development. 


48.040 Approval Process. 

A. Actions by planning director. Upon receipt of an application as required by subsection 

48.020 above, the planning director shall make a decision to approve or disapprove of the 

application within fifteen (15) days, or he may make referral to the planning board. Referrals to 

the planning board shall be placed on the agenda for its regular meeting. Within five (5) days 

after receipt of recommendations from the planning board, the planning director shall make a 

determination as to conformity with this section, notifying the applicants of approval or 

disapproval. In the case of disapproval, the reasons therefore shall be stated in writing. 


Section 50 

GENERAL BUILDING AND DEVELOPMENT STANDARDS 

Sections: 


50.020 Standards for specific uses. 

50.030 Use of lands, buildings and structures. 

50.035 Miscellaneous requirements. 

50.040 Dwelling unit restrictions. 

50.050 Accessory buildings, uses and equipment. 

50.060 Yard and height encroachments, limitations and exceptions. 

50.070 Fences, walls and hedges. 

50.080 Street vision triangle. 

50.100 [Deleted, see Section 46 Landscaping] 

50.110 Property frontage and drive access standards. 

50.120 [Deleted, see Section 47 Parking] 

50.130 Off-street loading berth requirements. 

50.140 Special temporary use permit. 

50.150 Home occupations. 

50.160 Nonconforming uses and structures. 

50.180 [Deleted, see Section 48 Manufactured Homes on Individual Lots] 


A. The purpose of this section is to establish general development standards. These standards 

are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration 

and decay; and to enhance the peace, health, safety and general welfare of the residents living 

within the zoning jurisdiction. 

B. These standards are also intended to be used as guidelines for evaluating and assessing the 

quality and design of proposed planned unit developments. The particulars of any planned unit 

development will be evaluated against their respective standards contained in this section. It is 

expected that the quality and design of the planned unit development, while not necessarily 

complying with the exact standards of this section, will meet or exceed the intent behind these 

standards. 

50.020 Standards for specific uses. 

A. Purpose. The purpose of this section is to further describe the, standards and conditions 

under which certain uses may be permitted as principal or conditional uses in specific districts. 

B. Applicability. All uses listed in this section shall be subject to the specific standards 

described for each use, in addition to all other applicable standards which may apply. 


C. Specific Uses And Standards. 

1. Automobile Service Station. In addition to the requirements to be followed for all 

convenience uses as defined in this title and provided in subsection 50.020.C.6 of this 

title, the following requirements shall apply to all service station and automobile uses as 

listed below. Compliance with all criteria listed below does not necessarily guarantee 

approval. 

a. At least one frontage is to be on a major arterial street as designated in the Gallatin 

County Plan. 

b. Gas pump and pump island canopies are to be located not closer than ten feet (10’) to 

any side or rear property line. Design of the canopy shall architecturally match the 

design of the main building. All canopies shall be connected to the roof of the main 

structure unless otherwise approved. All canopy lighting must project downward, not 

upward or outward from the structure and must be low pressure sodium. The 

maximum height of the canopy shall not exceed eighteen feet (18’). All signs must 

conform to the Sign Code of the Gallatin County / Bozeman Area Zoning 

Regulations, Section 65. 

c. All on-site activities except those normally performed at the fuel pumps are to be 

performed within a completely enclosed building. Paint-spraying or body and fender 

work is not permitted. 

d. Where towing service is to be provided, a parking bay for the towing vehicle is to be 

provided and screened. The vehicle shall be screened on three sides with a minimum 

six-foot (6’) opaque wall which architecturally matches the main building. Vehicles 

that are either under repair or vehicles that have been repaired may be stored on a 

temporary basis, not to exceed seven days and designated parking bays must be 

provided for each vehicle awaiting repairs. 

e. All outdoor lighting shall be so arranged as to be directed on the premises and reflect 

away from any residential property. In addition, all lighting shall be attached to the 

main structure unless otherwise specifically approved. 

f. All structures approved under this conditional use permit shall be of a design 

character that is appropriate to the area in which they are to be constructed. 

Renderings of buildings shall accompany each application and construction shall be 

in conformity thereto. Architectural detailing shall be consistent on all four sides of 

the building. 

g. All rest room entrances shall be screened from view of adjacent properties or street 

rights-of-way by a decorative wall or landscaping, or shall be accessed from the 

inside of the main entrance to the building. 

h. No outside storage of, and no sale, lease or rental of trailers, trucks or similar 

equipment shall be permitted except as may be specifically allowed in that zone. 

i. Parking space for two (2) vehicles per each service stall in the station, but no less than 

four spaces, shall be provided. Pump islands shall not be considered as service bays. 

Standing areas at pump islands and interior circulation areas shall not be used as 

parking areas in calculating required parking spaces. 

2. Automobile Washing Establishment, Automatic. In addition to the requirements to be 

followed for all convenience uses, the following requirements shall apply to all automatic 

auto washing establishments as listed below. Compliance with all the criteria listed 

below does not necessarily guarantee approval. 


a. All detergents must be biodegradable. 

b. Any lights used to illuminate the area shall be directed away from adjacent residential 

properties. 

c. Building surfaces shall be faced with masonry, brick, stucco, wood or some other 

permanent looking material. Corrugated metal is prohibited. 

3. Automobile Washing Establishment, Self-Serve. In addition to the requirements to be 

followed for all conveniences uses, the following requirements shall apply to all selfserve 

automobile washing establishments, as listed below. Compliance with all the 

criteria listed below does not necessarily guarantee approval. 

a. All detergents must be biodegradable. 

b. Trash and litter containers shall be emptied daily. In addition, the site shall be 

patrolled at least once daily in order to remove litter. 

c. Sale of automobile accessories such as batteries, tires, gasoline, etc. is prohibited. 

d. Building surfaces shall be faced with masonry, brick. stucco, wood or some other 

permanent looking material. Corrugated metal is prohibited. 

e. Any lights used to illuminate the area shall be directed away from adjacent residential 

properties. 

f. Canopies are to be located not closer than ten feet to any side or rear property line. 

Design of the canopy shall architecturally match the design of the main building. All 

canopy lighting shall project downward, not upward or outward from the structure. 

The maximum height of the canopy shall not exceed eighteen feet (18’). All signs 

must conform to the Sign Code of the Gallatin County / Bozeman Area Zoning 

Regulations, Section 65. 

4. Automotive Repair Facilities. 

a. All repairs shall be performed within a building. 

b. No site plan shall be approved which exposes unassembled vehicles, auto repair 

activities or auto parts to any street or residential district. 

c. All vehicles awaiting repair shall he screened from view by a masonry or wood wall 

or approved landscape screen. 

5. Cemeteries. 

a. Total site area, including business office and storage building, shall be a minimum of 

forty (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, a mortuary, an office, a 

mausoleum, and those industrial uses which are incidental to the operation of a 

cemetery. Industrial uses may include such things as the manufacture of burial vaults 

and headstone foundations, provided all of the products are used on the site and are 

not offered for sale and use elsewhere. The cemetery shall not include uses of an 

industrial nature other than those stated in this section. 

6. Convenience Uses and Drive-Through/Drive In Restaurants. 

a. Location and Size. 

i. Convenience uses may be located only at intersections of arterial streets as 

designated in the Gallatin County Plan. 

ii. The site area for any convenience use shall be a minimum of two acres, unless 

such convenience use is planned, designated and approved by the county to be 


developed in conjunction with an approved site plan for one or more additional 

uses and buildings. 

b. Architectural Guidelines. 

i. All convenience uses shall be designed in an architectural and design character 

that is appropriate for and compatible with the area. 

ii. Use of standardized corporate identification themes integrated into the 

architectural design shall be regulated by the planning board. Excessive use of 

such themes may be used as grounds for denial of the project. 

ii. 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. 

iv. The elevation design of the building shall provide design character and detailing 

on all four sides. 

c. Noise. 

i. Noise from drive-through speakers shall not be audible from adjacent, residential 

districts. 

7. Mini-Warehouses. 

a. Minimum site size shall be one acre. 

b. On-Site Circulation, Drives and Parking. 

i. Each mini-warehouse site shall provide a minimum of two exits. 

ii. All one-way driveways shall provide for one ten-foot (10’) parking lane and one 

twelve-foot (12’) travel lane. Traffic direction and parking shall be designated by 

signing or painting. 

iii. All two-way driveways shall provide for one ten-foot (10’) parking lane and two 

ten-foot (10’) travel lanes. 

iv. The parking lanes may be eliminated when the driveway does not serve storage 

cubicles. 

8. 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 (10%) 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 fifty percent (50%) of the total lot area. 

b. Outdoor sales and display areas shall not be located in any required yard. 

9. Recreational Vehicle Park and Overnight Campground. 

a. Recreational vehicle parks shall be screened from view of any residential 

development. 

b. Internal circulation roads shall be paved with a concrete or asphaltic concrete surface. 

c. Individual recreational vehicle parking pads shall be plainly marked and maintained 

with a dust free surface. 


d. Individual recreational vehicle parking pads shall be set back at least thirty feet (30’) 

from the perimeter of the park and thirty feet (30’) from any public street right-ofway. 

e. Approved trash disposal and bathroom and laundry facilities, including facilities for 

the handicapped, shall be provided for use of overnight campers. 

10. Stable, Commercial. 

a. The minimum property size shall be ten (10) acres. 

b. The proposed site shall not be adjacent to subdivided single-family residential 

property unless that residential property contains an equestrian easement along the 

contiguous boundary. 

c. Structures or facilities used for stabling, storing, showing or training of animals shall 

be set back a minimum of one hundred feet (100’) from any adjacent privately owned 

property. Dwelling units, accessory structures incidental to dwelling units, and 

irrigated pasturage may occur within the one hundred foot (100’) setback area subject 

to the setback requirements of the applicable zoning district. 

d. There shall be a forty-foot (40’) yard adjacent to any street. 

e. There shall be no shows or other activities which would generate more traffic than is 

normal to a residential area, unless the proposed site has direct access from an arterial 

street as set forth in the Gallatin County Plan. Permission for such shows and 

activities shall be obtained from the county. Notification shall be provided in a letter 

that explains the nature and duration of the activity, and accommodations for 

spectators, traffic control and additional parking for cars and trailers. This letter shall 

be submitted to the planning director at least one month prior to the date of the show 

or activity. 

f. All pasture and animal storage areas shall be enclosed with fences or walls of a 

minimum of four feet six inches (4’-6”) in height. The design of these enclosures 

shall be shown on drawings submitted with the conditional use application. 

g. All laws applicable to the public health and appropriate care of animals must be 

complied with for the entire period of operation of the stable. 

h. All activity, and pasture areas that are not grassed shall be treated for dust control as 

approved by the planning director. 

i. Adequate parking for daily activities shall be shown on the site plan and improved to 

parking standards. Additional parking, improved as determined by the planning 

director, shall be provided for shows or other special events. 

11. Tennis and Racquet Club. 

a. The use will be compatible with any adjacent neighborhood and will not be 

detrimental to the same due to: 

i. Increased automobile traffic; 

ii. Noise generated from within the site. 

b. The minimum property size shall be three (3) acres. 

c. If outdoor courts are lighted, lighting shall be placed and shielded so as not to be 

detrimental to adjoining properties, shall shine down on the courts and not up or out. 

d. Fencing of outdoor courts shall not exceed sixteen feet (16’) in height and may be 

required to be opaque by the design review board. 

e. There shall be no shows, tournaments or other activity which would generate more 

traffic than is normal to a residential area, unless access is provided from an arterial 


street as set forth in the Gallatin County Plan. If access is not provided from an 

arterial street, permission for such shows and activities shall be obtained from the 

commission. Permission shall be requested in a letter with a site sketch that explains 

the nature and duration of the activity and accommodations for spectators, additional 

parking and traffic control. This letter shall be submitted to the planning director for 

commission consideration. 

f. There shall be a landscaped fifty foot (50’) buffer strip adjacent to any residential 

zoning district, or as otherwise determined. 

g. Hours of operation may be controlled by the commission. 

h. Perimeter fencing of the site may be required. 

50.030 Use of lands, buildings and structures. 

A. Only Uses Specifically Identified by This Title to be Built. No building, or structure or 

part thereof shall be erected. altered, or enlarged for a use, nor shall any existing building, 

structure. or part thereof, or land, be used for a purpose or in a manner that is not in conformity 

with the uses listed as permitted uses for the zone in which such buildings, structure, or land is 

situated. In addition, any land, building or structure to he erected or used for a purpose listed as 

a conditional use in such zone shall first receive approval from the planning board or 

commission. 

B. Building Location on Lot. No building, or part thereof, or structure shall be erected, nor 

shall any existing building be altered, enlarged, or rebuilt or moved into any zone, nor shall any 

open space be encroached upon or reduced in any manner, except in conformity to the yard and 

setback regulations designed for the zone in which such building or open space is located, except 

as otherwise specified in this title. 

C. Recreational Vehicle Parking on Residential Lot. No person shall park or occupy any 

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

which is not a part of the premises of any occupied dwelling, either of which is situated outside 

of any approved mobile home park or mobile home subdivision except that: 

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

or in a rear yard in any district is permitted, providing no living quarters shall be 

maintained or any business practiced in 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. Water and Sanitary Sewer System Requirements. 

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

for those lying within A-S or R-S zoning districts, and prior to the issuance of any 

building permits on such lots or sites, central water distribution and central sanitary sewer 

collection systems, public or private, shall be provided to the site. Each building site 

must utilize and be connected to both the central water distribution and central sanitary 

sewer collection systems, public and private. 


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

standards and criteria as adopted by the city and approved by both the city engineer and 

water superintendent prior to the issuance of any building permits. 

50.035 Miscellaneous requirements. 

A. Glare and Lighting. 

1. Deflection. Any lighting used to illuminate an off-street parking area, sign or other 

structure, shall be arranged so as to deflect light down and/or away from any adjoining 

residential district and shall not detract from driver visibility on adjacent streets. In 

addition, all lighting (except for security purposes) shall be turned off between eleven 

p.m. and six a.m (11pm-6am). Exceptions will be granted to those businesses which are 

operating during these hours. 

2. Light Standards. Lighting standards used to illuminate off-street parking areas shall not 

exceed twenty feet (20’) or the height of the tallest building on the lot, whichever is 

lower. 

B. Surface-Water Ponding. Natural ponding areas shall be retained as much as possible or, if 

necessary, enlarged or modified as directed to restrict the off-site runoff, subject to county 

subdivision requirements for storm water runoff control. 

C. Outdoor Storage. 

1. 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 

one hundred percent opaque wall or fence not less than six feet (6’) tall. 

2. No storage of any type shall be permitted within any required yard. 

3. All areas designated for vehicle and equipment storage shall be screened from view from 

the street and adjacent properties as per paragraph C.1 above. 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. 

D. Trash and Garbage Incineration/Enclosures. 

1. Incineration. No exterior incineration of trash or garbage is permissible. 

2. Trash Enclosures. A permanent enclosure for temporary storage of garbage, refuse and 

other waste materials shall be provided for every use, other than single-family dwellings, 

duplexes, or individually owned townhouse or condominium units, in every zoning 

district, except where a property is entirely surrounded by screen walls or buildings. 

Trash enclosures shall be constructed so that contents are not visible from a height of five 

feet above grade from any abutting street or property. Trash enclosures shall comply 

with the following regulations: 

a. Location. Trash enclosures, surrounding standard steel bins (dumpsters), shall be 

located on the site for convenient 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 


sanitation truck can back straight into it. The location of all trash enclosures shall be 

subject to review and approval. 

b. Construction. Trash enclosures shall be constructed of solid or ornamental pierced 

masonry walls or other appropriate materials, with a solid concrete floor sloped for 

drainage and maintenance of sanitary conditions. Enclosures shall be architecturally 

compatible with the principle structure. Enclosures shall be of sufficient height to 

conceal contents, including containers, but in no case shall be less than four feet (4’) 

in height above grade. 

E. Smoke, Dust and Other Particulate Matter. The emission of smoke, from any point 

source shall not exceed a density greater than that described in Number 2 ring of the Ringelmann 

Chart as published by the U.S. Bureau of Mines. Dirt, dust, fly ash and other forms of 

particulate matter shall not be emitted beyond the property lines of the use creating the 

particulate matter. 

F. Bulk Storage (Liquid). All uses associated with bulk storage of all gasoline, liquid fertilizer, 

chemicals, flammable and similar liquids shall comply with Uniform Building and Fire Code 

requirements and county regulations. 

G. Water Quality, Hazardous Wastes and Wastewater. Discharge of hazardous waste, 

chemicals and wastewater will be subject to Montana Department of Health and Environmental 

Science standards. But in no case shall any hazardous waste chemicals or wastewater be 

discharged into any perennial stream within the zoning jurisdiction. 

H. 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 fifty 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. 

I. Noise. 

1. Measured Noise Levels. The maximum noise level radiated in each standard octave 

band by any use or facility (other than transportation facilities or temporary construction 

work), measured at the site property line, shall not exceed the values shown in the 

following tables: 

Octave Band Range in Cycles per Second Sound Pressure Level in Decibels rep. 002 dyne/cm 2 

Below 75 72 

75-150 67 

151-300 59 

301--600 52 

601-1200 46 

1201-2400 40 

2401--4800 34 

Above 4800 32 


2. Discontinuous Noises. If the noise is not smooth and continuous, and is not radiated 

between the hours of ten p.m. and seven a.m., one or more connections shall be applied 

to the above octave band levels as follows: 

Type of Location of Operation or Character of Noise Correction in Decibels 

Daytime operation only +5 

Noise source operating less than: 

20% of any one hour period +5 

5% of any one hour period (only one of these corrections may be applied) +10 

Noise of impulsive character, i.e. hammering -5 

Noise of periodic character. i.e., humming or screeching -5 

3. Method of Measurement. Sound pressure level shall be measured with a sound level 

meter and associated octave band analyzer conforming to standards prescribed by the 

American Standards Association as established in Pamphlets Nos. 224.3 and 224.10 

published in 1944 and 1953, respectively, which standards are herein adopted by 

reference as a part of this section. 

J. Vibrations. No ground vibrations, except for those only perceptible with the use of 

instruments, shall be permitted beyond the property lines of the use generating the ground 

vibrations. 

K. Electrical Disturbance. No activity shall be permitted which causes electrical disturbances 

affecting the operation of any equipment located beyond the property line of the activity. This 

section does not apply to uses which are regulated by and are in compliance with federal agencies 

or law. 

L. Glare and Heat. Any use producing intense glare or heat shall be conducted so that the 

glare is effectively screened from view at any point on the lot line of the lot in which the use is 

located. Any heat will be dissipated so that it is not perceptible without instruments at any point 

on the lot line of the lot on which the use is located. 

M. Fire and Explosive Hazards. Any use or activity involving the use or storage of 

combustible, flammable or explosive materials shall be in compliance with the Uniform Fire 

Code as adopted by the county. Burning of waste materials in open fires is prohibited. 

N. 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 arc offensive or hazardous to the public health, safety, welfare or comfort 

shall be discharged at any point into any public sewer, private sewage disposal system or strewn 

or into the ground, except in accordance with the code of the county and the standards approved 

by the Montana State Department of Health and Environmental Science or such governmental 

agency as may have jurisdiction over such activities. 

0. 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 radiofrequency 

energy affecting any activity or the operation of any equipment beyond the site 

property line. Radio-frequency energy shall be considered as being electro-magnetic energy at 

any frequency in the radio spectrum between ten kilo-cycles and three million mega-cycles. 

P. Swimming Pools -Location and Enclosures. No public or private swimming pool in any 

district shall be located in any required front yard; however, if not more than six feet (6’) in 

height, such use may be located in any required side or rear yard. In addition, all swimming 

pools shall be enclosed in an area with a fence or wall not less than forty-two inches (42”) in 

height, and no opening therein, other than doors or gates, larger than four inches (4”) in any 

direction. A structure of any type may be used as part of such enclosure. All gates and doors 

shall be securely closed at all times when not in actual use, except that the door of any dwelling 

which forms a part of the enclosure for private residential pools need not be so equipped. The 

building official may make modifications in individual cases, upon a showing of good cause, 

with respect to the height, nature or location of the fence, wall, gates or latches, or the necessity 

thereof, provided the protection as sought hereunder is not reduce thereby. 

Q. Bicycle Lanes Required. Whenever new streets or roads are to be developed as a result of a 

development proposal, or wherever existing streets or roads are required to be improved, and 

upon a recommendation from the Bozeman area bicycle advisory board (BABAB), the developer 

may be required to incorporate striped bicycle lanes along the shoulder meeting current 

AASHTO standards into the design and construction or improvement of the streets or roads. 

R. Bicycle Racks Required. All development subject to minor or major site plan review as per 

Section 52 shall provide adequate bicycle parking facilities to accommodate bicycle-riding 

residents and/or employees and customers of the proposed development. Bicycle parking 

facilities will be in conformance with standards recommended by the Bozeman area bicycle 

advisory board. 

50.040 Dwelling unit restrictions 

A. No Use of Unfinished Structures. No cellar, garage, tent, tepee, basement with unfinished 

structure above, or accessory building vehicle, or any mobile home or recreational vehicle 

outside of an approved mobile home or recreational vehicle development shall at any time be 

used as a dwelling unit, unless approved for use as a temporary dwelling unit due to a 

demonstrated hardship. 

B. Use of Basements. The basement portion of a finished home shall be properly damp 

proofed and have natural lighting, heating, ventilation, suitable fire protection and exits if used 

for living purposes. 

50.050 Accessory buildings, uses and equipment 

A. Accessory Buildings as Principal Building. An accessory building shall be considered an 

integral part of the principal building if it is connected to the principal building by a covered 

passageway. 


B. Accessory Buildings Not Permitted in Front Yards. Accessory buildings, uses, or 

equipment shall not be stored or constructed between the front lot line and required front 

building line. 

C. Height of Accessory Buildings. Accessory buildings and garages in residential districts 

shall not exceed the height of the principal structure and shall not be located within a utility 

easement. 

D. Accessory Buildings in Rear. Accessory buildings in any business or industrial district may 

be located only to the rear of the front line of the principal building. 

E. Accessory Building Height. No accessory building in any residential, business or industrial 

district shall exceed the height of the principal building unless such accessory building has been 

otherwise approved as per this title. 

F. Detached Structures Setback Requirements. 

1. A detached structure such as a garage shall meet the setback requirements of the main 

building except that garages may be located ten feet (10’) from rear property lines in 

districts where rear yard setback requirements exceed ten feet for principal structures. 

2. Detached accessory structures such as storage sheds not larger than one hundred twenty 

(120) square feet in area, playhouses, garbage enclosures, etc. shall not be located in any 

required front or side yard, but may be located one foot from property lines in required 

rear yards. These limitations shall not apply to such features as lawn ornaments, bird 

feeders, utility service boxes or mailboxes. 

3. A detached structure wall shall maintain a minimum of six feet (6’) separation from the 

main structure wall. 

G. Percentage of Yard Coverage. Accessory structures may occupy not more than twenty-five 

percent (25%) of any required rear yard. 

50.060 Yard and height encroachments, limitations and exceptions. 

A. Permitted Encroachments Into Yards. The following shall be permitted encroachments 

into required yards, subject to any and all applicable Uniform Building Code requirements: 

1. Architectural features such as chimneys, balconies, stairways, wing walls, bay windows, 

sills, pilasters, lintels, cornices, eaves, gutters, awnings, and steps, provided such 

architectural features do not extend more than five feet (5’) into any required yard; 

2. Terraces and patios, uncovered decks and stoops. or similar features, provided that such 

features shall not extend above the height of the ground floor level of the principal 

structure nor more than five feet (5’) into any required yard; 

3. Porches, covered terraces, and covered decks, provided such features shall not occupy 

more than one-third of the length of the building wall and shall not extend more than five 

feet (5’) into any required yard; 

4. Fire escapes may be permitted in required side or rear yards only; 


5. Wheelchair ramps may encroach into any required yard, but shall not be located closer 

than three feet (3’) from any property line; and 

6. Flag poles, ornamental features, trees, shrubs, walkways, nameplate signs, and floodlights 

or other sources of illumination provided the direct source of light is not visible from the 

public right-of-way or adjacent residential property. 

B. Zero Lot Line Conditions. Where an individual owns two adjoining lots or where the 

owners of two adjoining lots make legal written agreement a zero lot line concept may be used 

for single-family dwelling unit developments. This may result in the creation of a two-family 

residential structure, only in districts permitting such structure, or the creation of townhouse 

clusters in districts permitting such structure. In all cases a minimum ten-foot (10’) side yard 

shall be maintained adjacent to the exterior side, or nonzero lot line side, of the structure. 

C. Special Yard Setbacks. 

1. The corner side yard for any corner lot not located on an arterial street shall be equal to 

the adjacent yard of the adjacent lot, but in no case shall the corner side yard be less than 

fifteen feet (15’). 

2. A twenty-five foot (25’) corner side or front yard shall be provided on all arterial streets 

designated on the Gallatin County Plan. 

D. Watercourse Setbacks. No newly constructed structure, addition to an existing structure, 

parking lot or other similar improvements shall be located closer than thirty-five feet (35’) to the 

mean high water mark of a watercourse as defined in this title. For the purpose of this section, 

the mean high water mark shall be defined as the line which the water impresses on the soil by 

covering it for sufficient periods to deprive it of vegetation. A minimum of five feet (5’) of the 

required thirty-five foot (35’) setback immediately adjacent to the watercourse shall be left in a 

natural vegetative state. 

E. 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, or as specifically authorized by the planning 

board as an approved condition of a planned unit development. Such approved conditions 

must include the recommendations of the County 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;, 

transmission towers of commercial and private radio-broadcasting stations;, and 

television antennae, excluding, however any such facility regulated by Section 57; 

parapet walls extending no more than four feet above the limiting height of the building 

except as hereinafter provided; and solar energy collectors and equipment used for the 

mounting or operation of such collectors. 

b. Places of public assembly in churches, schools and other permitted public and semipublic 

buildings may exceed height limitations otherwise established by this title; 

provided that these are located on the ground floor of such buildings and provided 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 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 title; provided that no linear dimension 

of any such structure exceed fifty 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 title; provided that any structure above the height otherwise permitted 

in the district shall occupy no more than twenty-five percent (25%) of the area of the lot 

and shall be at least twenty-five feet (25’) from every lot line. 

50.070 Fences, walls and hedges. 

A. Location. Except as provided in Section 50.080, fences, walls and hedges, in any district 

may be located on lot lines provided such fences, walls and hedges do not exceed eight feet (8’) 

in height. Fences exceeding eight feet in height shall be subject to the minimum yard 

requirements of the district in which such fences are located. However, no fences, walls or 

hedges shall exceed four feet (4’) in any corner side yard or front yard, as defined in this title. 

Fences used in an agricultural pursuit to retain stock animals shall be excepted. 

B. Relation to Linear Parks. Fences located in the rear yard setback of properties adjoining 

any linear park shall have a maximum height of four feet (4’). 

C. Construction, Maintenance and Height Measurement. 

1. Construction and Maintenance. Every fence or wall shall be constructed in a substantial, 

workman-like manner and of substantial material reasonably suited for the purpose for 

which the fence or wall is proposed to be used. Every fence or wall shall be maintained 

in a condition of reasonable repair and shall not be allowed to become and remain in a 

condition of disrepair, damage, or unsightliness, or constitute a nuisance, public or 

private. Any such fence or wall which is, or has become, dangerous to the public safety, 

health or welfare, or has become unsightly through improper maintenance or neglect is a 

public nuisance and the building inspector shall commence proper proceedings for the 

abatement thereof. 

2. Barbed Wire and Electric Fences. 

a. No barbed wire or similar sharp fencing or electric fences shall be permitted, except 

in A-S and 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. 

b. When electrically charged fences are used in an A-S district or R-S district, such 

fences shall be posted with warning signs at intervals not to exceed one hundred fifty 

feet (150’) where such fences are adjacent to public rights-of-way. 

3. Measuring Fence and Wall Height. In case of a fence erected on top of a retaining wall, 

the height shall be measured from the grade of the high side of the wall. 


D. Fences and Walls in All Districts-"Finished" Side Out. Any fence or wall constructed so 

as to have only one elevation "finished," which shall be defined as not having its supporting 

members significantly visible, shall be erected such that the finished elevation of the fence is 

exposed to the adjacent property. 

E. Fencing of Utilities and Outdoor Storage Areas. 

1. All utility substations, wells, storage facilities, or other utilities shall be screened from 

view by a wall, fence, hedge or landscape screen. 

2. All storage for commercial operations shall be conducted within a completed enclosed 

building or within an area completely enclosed, except for access points, by a wall, fence, 

hedge or landscape screen at least six feet (6’) in height. 

50.080 Street vision triangle. 

A. Arterial Streets. On corner lots on arterial streets in all districts, no fence, wall or planting 

in excess of thirty inches above the street centerline grade shall be permitted within a triangular 

area defined as follows: beginning at the intersection of the projected curblines of the two 

intersection streets, thence fifty feet (50’) along one curbline, thence diagonally to the point fifty 

feet (50’) from the point of beginning on the other curb lines, then to the point of beginning. 

Where curbing is not provided the measurement shall be taken from a line 11 feet inside of the 

right-of way or from the edge of pavement if closer than 11 feet. 


B. Collector and Local Streets. On corner lots, on collector and local streets, all districts, no 

fence, wall or planting in excess of thirty inches above the street centerline grades shall be 

permitted within a triangular area defined as follows: beginning at the intersection of the 

projected curblines of two intersecting streets, thence forty feet (40’) along one curb line, thence 

diagonally to a point forty feet (40’) from the point of beginning on the other curb line, then to 

the point of beginning. Where curbing is not provided the measurement shall be taken from a 

line 11 feet inside of the right-of way or from the edge of pavement if closer than 11 feet. 


C. Driveways and Alleys. At the intersection of each driveway or alley with a street, a 

triangular area where comers are defined by two points on the right-of-way line, fifteen feet (15’) 

on each side of the centerline of the driveway or alley and a point on centerline ten feet (10’) 

outside the right-of-way. 

D. Provision for Trees in Street Vision Triangle. 

1. Single-stem canopy trees may be permitted in street vision triangles as described in this 

section, provided that mature trees do not significantly affect safe driving conditions and 

are maintained such that no canopy foliage exists below a height of ten feet (10’) above 

centerline of intersecting streets. 

2. Trees which are located in the street vision triangle and which preexisted the adoption of 

this title may be allowed to remain, provided the trees are trimmed such that no limbs or 

foliage exist below a height of ten feet (10’) above centerline grades of intersecting 

streets. 


50’ 

40’ 

Gallatin County/Bozeman Area (“Donut”) Zoning Regulation 

Street Vision Triangle Examples 

(see Section 50.080) 

11’ 

50’ 

40’ 

Corner Lot 

on Arterial street 

with curbing 

Sight Vision Triangle 

Corner Lot 

on Collector or Local 

street without curbing 

Sight Vision Triangle 

GC/BA Zoning Regulation—Amended 4/10/07 141 

11’ 

curb line 

edge of road 

property line 

property line 

right of way

50.100 

Section deleted. See Section 46 Landscaping above. 


50.110 Property frontage and drive access standards. 

A. Public Street Frontage Required. Except as otherwise allowed or required by this title, no 

lot shall be created unless such lot abuts for at least twenty-five feet (25’) on a public street, and 

every building hereafter erected or moved shall be on a lot adjacent to an improved public street, 

with at least twenty-five feet (25’) of frontage as described above. 

B. Drive Access From Improved Public Street or Alley Required. 

1. Except as otherwise allowed or required by this title, primary drive access to buildings on 

all lots shall be provided from the abutting improved public street or alley. 

2. For purposes of this code, "improved public street or alley" means and includes: 

a. Any street or alley within the zoning jurisdiction constructed to a standard which 

meets or exceeds standards established; 

b. Any street outside of the city within the zoning jurisdictional area constructed to a 

standard which meets or exceeds standards established by the county road 

superintendent; or 

c. Constructed public streets which may not meet current city or county standards but 

which are constructed to a standard which has historically provided an adequate level 

of service to adjacent properties, which level of service would not be degraded as a 

result of a pending development proposal. 

C. Drive Access Requirements. 

1. Drive accesses, taking primary access from an improved public street as defined above, 

are required for commercial parking lots and parking lots for residential developments of 

four or more dwelling units. Parking lots for residential developments of three or fewer 

dwelling units may take primary access from an improved public street or improved 

public alley as defined in subsection 50.110.B.2 above with access provided according to 

the provisions of subsection 47.020.B above. 

2. All drive accesses installed, altered, changed, replaced or extended after the effective date 

of the regulation codified in this section shall comply with the following requirements: 

a. Residential drive access openings shall conform to the following criteria: 

i. Single-family drive access openings shall not exceed twenty-four feet (24’) in 

width measured at the right-of-way line and thirty feet in width measured at the 

curb line. All residential complexes for fewer than four families are considered 

single-family residences for the purpose of this section. 

ii. Residential complexes with four or more dwelling units shall be considered 

commercial (nonresidential) establishments for the purpose of this section, except 

that separated parking facilities for individual townhouse units shall be considered 

the same as single-family parking facilities. 

b. Nonresidential drive access openings shall conform to the following criteria: 

i. Commercial drive access widths shall be a maximum of thirty-five feet (35’) 

measured at the inside edge of the drive access extended, at its intersection with 


the projected curb line of the intersecting street. Two-way drive access shall be a 

minimum of twenty-four feet (24’) and one-way drive access shall be a minimum 

of sixteen feet (16’); 

ii. Industrial drive access widths shall be a maximum of forty feet (40’) measured at 

the inside edge of the drive access extended, at its intersection with the projected 

curb line of the intersecting street. Two-way drive accesses shall be a minimum 

of twenty-four feet (24’) and one-way drive accesses shall be a minimum of 

sixteen feet (16’); 

c. Drive accesses for all multiple tenant commercial buildings or complexes/centers, or 

industrial drive accesses shall be set back a minimum of fifteen feet (15’) from the 

adjacent property line unless such drive access is approved as a shared drive access; 

d. Drive accesses to drive-in theaters, stadiums, racetracks, funeral homes, or uses 

generating very heavy periodic traffic conflicts shall be located not closer than two 

hundred feet (200’) to any pedestrian or vehicular entrance or exit to a school, 

college, university, church, hospital, public emergency shelter or other place of public 

assembly; 

e. All commercial and industrial drive accesses on arterial streets shall have fifteen-foot 

(15’) return radii unless otherwise approved. All commercial and industrial drive 

accesses on other streets may have either return radii or depressed curbs. The 

minimum radius allowed is four feet (4’). 

D. Distance from Intersection. Driveway access distance from street intersections for all lots 

created after the effective date of the regulation codified in this title shall be subject to the 

following minimum dimensions, unless otherwise approved as part of an approved site plan. 

Driveway Access Located on Driveway Access Located on 

Collector Streets 

Arterial Streets 

Distances from Intersection Distances from Intersection 

Nearest Intersecting In Res. Dist. In Comm/Ind. In Res. Dist. In Comm/Ind. 

Street 

Dist. 

Dist. 

Arterial 100’ 150’ 150’ 200' 

Collector 40’ 150’ 150’ 150’ 

Local 40’ 100’ 100’ 150’ 

Note: All distances shall be measured from the inside edge of the drive access, extended at its 

intersection with the projected curb line of the intersecting street. 

E. Drive Access Spacing. The distance between drive accesses on a public street, except for 

single-family dwellings, as defined above, shall be measured from inside of drive to inside of 

drive according to the following specified distances, unless otherwise approved by the road and 

bridge superintendent as part of an approved site plan. 

Driveway Access Located on Driveway Access Located on 

Collector Streets 

Arterial Streets 

Average Spacing Res. Dist. Comm/Ind. Dist. Res. Dist. Comm/Ind. Dist. 

Partial Access* 60’ 80’ 80’ 150' 

Full Access** 100’ 150’ 100’ 150’ 

Minimum Separation 60’ 80’ 60’ 100’ 

Notes: * Partial access includes right turn in and out only. 

** Full access allows all turn movements, in and out 


F. Number and Location of Drive Accesses. 

1. Single-family uses shall be limited to one drive access per street face, except on 

properties abutting arterial streets in which case circular driveways, or driveways 

facilitating the turning of automobiles on-site, shall be required. Circular driveways with 

two openings on a single street frontage may be permitted in A-S and R-S zoning 

districts. 

2. Notwithstanding any other provisions of this title, drive accesses may not be located 

closer than eight feet to any side property line, unless shared access with the adjoining 

property is approved. 

G. Shared Drive Access. The county desires and encourages sharing access drives between 

separate parcels. 

H. Access Approval Required. All drive accesses shall be approved for width and location. 

1. Deviations from Property Access Standards. 

a. Some of the standards listed in subsections C through F of this section, may be 

relaxed if it is shown during the site plan review process that more efficient design 

can be accomplished without jeopardizing the public's health, safety and welfare. 

b. Deviations from access standards shall be approved at the discretion of the road and 

bridge superintendent. 

c. Commercial developments (including residential complexes for four or more 

families) which may not be able to meet the requirements of subsections C through F 

of section 50.110 above, and are requesting deviations from the standards, shall 

submit to the road and bridge superintendent a report certified by a professional 

engineer addressing the following site conditions, both present and future: 

i. Traffic volumes; 

ii. Turning movements; 

iii. Traffic controls; 

iv. Site design; 

v. Sight distances; 

vi. Location and alignment of other access points. 

d. Based upon the above data, the road and bridge superintendent shall determine 

whether a deviation from the required standards is justified and, if so, what alternative 

requirements will be necessary. 

50.120 

Section deleted. See Section 47 Parking above. 


50.130 Off-street loading berth requirements. 

A. Affected Uses. Every hotel, restaurant, department store, freight terminal or railroad yard, 

hospital or sanitarium, industrial plant, manufacturing establishment, retail establishment, 

storage warehouse or wholesale establishment, and all other structures devoted to similar 

mercantile or industrial pursuits, which has an aggregate gross floor area of fifteen thousand 


(15,000) square feet or more shall provide off-street truck loading or unloading berths in 

accordance with the following table: 

Square Feet of Aggregate Gross Floor Area 

Devoted to Such Use 

Required Number of Berths 

15,000 sq. ft. up to and inc. 40,000 sq. ft. 1 

40.001 sq. ft. up to and inc. 100,000 sq. ft. 2 

100,001 sq. ft. up to and inc. 160.000 sq. ft. 3 



320,001 sq. ft. up to and inc. 400,000 sq. ft. 6 

400,001 sq. ft up to and inc. 490,000 sq. ft. 7 

For each additional 100,000 sq. ft. 1 additional 

1. Any office building one hundred thousand (100,000) square feet or larger shall have at 

least one off-street loading berth. 

B. Standards for Off-Street Loading Facilities. All off-street loading facilities shall conform 

to the following standards: 

1. The first loading berth shall be at least seventy feet (70’) in length. Additional berths 

required shall be at least forty-five feet (45’) in length unless certified by the property 

owner in writing that additional loading activity will take place exclusively with small 

delivery vans in which case the berth(s) shall be at least twenty-five feet (25’) in length. 

All loading berths shall be at least twelve feet (12’) in width and fourteen feet (14’) in 

height, exclusive of aisle and maneuvering space. 

2. Such space may occupy all or any part of any required yard space, except front and 

exterior side yards, and shall not be located closer than fifty feet (50’) to any lot in any 

residential zone unless separated from such zone, except at the accesses, by screening not 

less than eight feet (8’) in height. 

3. Sufficient room for turning and maneuvering vehicles shall be provided on the site so that 

vehicles shall cross a property line only by driving forward. 

4. Each loading berth shall be accessible from a street or alley or from an aisle or drive 

connecting with a street or alley, without traversing a residential district. 

5. The loading area, aisles and access drives shall be paved so as to provide a durable, 

dustless surface and shall be so graded and drained so as to dispose of surface water 

without damage to private or public properties, streets or alleys. 

6. Bumper rails shall be provided at locations where needed for safety or to protect 

property. 

7. If the loading area is illuminated, lighting shall be deflected down and/or away from 

abutting residential sites so as to cause no annoying glare. 

8. No regular repair work or servicing of vehicles shall be conducted in a loading area. 

9. Off-street loading facilities shall be located on the same site with the use for which the 

berths are required. 

10. If more than one use is located on a site, the number of loading berths provided shall be 

equal to the sum of the requirements prescribed in this title for each use. If more than 

one use Is located on a site and the gross floor area of each use is less than the minimum 

for which loading berths are required but the aggregate gross floor area is greater than the 

minimum for which loading berths are required, off-street loading berths shall be 


provided as if the aggregate gross floor area were used for the use requiring the greatest 

number of loading berths. 

11. Off-street loading facilities for a single use shall not be considered as providing required 

off-street loading facilities for any other use. 

12. At the time of initial occupancy, major alterations or enlargement of a site, or of 

completion of construction of a structure or of a major alteration or enlargement of a 

structure, there shall be provided off-street loading berth requirements subject to the 

provisions of Section 62. The number of loading berths provided for a major alteration or 

enlargement of a site or structure shall be in addition to the number existing prior to the 

alteration or enlargement. 

13. Space allocated to any off-street loading berth shall not be used to satisfy the space 

requirements for any off-street parking facility. 

50.140 Special temporary use permit. 

A. Generally. Uses permitted subject to a special temporary use permit are those temporary 

uses which are required for the proper function of the community or are temporarily required in 

the process of establishing a permitted use, or constructing a public facility. Such uses shall be 

so conducted that they will not be detrimental in any way to the surrounding properties or to the 

community. Uses permitted subject to a special temporary use permit may include: 

1. Carnivals, circuses, special events of not over seventy-two consecutive hours; 

2. Tent revival meetings; 

3. Swap meets; 

4. Such other uses as the planning director may deem to be within the intent and purpose of 

this section. 

B. Application and Filing Fee. Application for a special temporary use permit may be made 

by a property owner or his authorized agent. Such application shall be filed with the planning 

director who shall charge and collect a filing fee for each such application, as provided in 

Section 62. The planning director may also require any information deemed necessary to 

support the approval of a special temporary use permit, including site plans as per Section 52. 

C. Decision. Application for a special temporary use permit shall be reviewed by the planning 

director who shall approve, conditionally approve, or disapprove such application. Approval or 

conditional approval shall be given only when in the judgment of the planning director such 

approval is within the intent and purposes of this section. Any person aggrieved by the decision 

of the planning director may file an appeal within fifteen days of such decision with the board of 

adjustment pursuant to Section 56. 

D. Conditions. In approving such a permit, the approval shall be made subject to a time limit 

and other conditions deemed necessary to assure that there will be no adverse effect upon 

adjacent properties. Such conditions may include the following: 

1. Regulation of parking; 

2. Regulation of hours; 

3. Regulation of noise; 

4. Regulation of lights; 


5. Requirement of bonds or other guarantees for cleanup or removal of structure or 

equipment, 

6. Such other condition deemed necessary to carry out the intent and purpose of this section. 

50.150 Home occupations. 

A. Generally. A home occupation is a use that is considered accessory to a dwelling unit. A 

home occupation shall be carried on by one or more persons, all of whom reside within the 

dwelling unit, and where no more than one person is employed on more than a half-time basis 

other than resident and domestic help. The use shall be clearly incidental and secondary to the 

use of the dwelling for residence purposes and shall not change the character thereof or adversely 

affect the uses permitted in the residential district of which it is a part. There shall be no outside 

storage of any kind; any indoor storage, constriction, alterations, or electrical or mechanical 

equipment used, shall not change the fire rating of the structure. The use may increase vehicular 

traffic flow and parking by no more than one additional vehicle at a time. It shall not cause an 

increase in the use of one or more utilities (water, sewer or garbage) so that the combined total 

use for dwelling and home occupation purposes of one or more utilities exceeds the average for 

residences in the neighborhood. When a use is a home occupation, it means that the owner, 

lessee, or other persons who have a legal right to the use of the dwelling unit also have the vested 

right to conduct the home occupation without securing special permission to do so. However, 

such person shall be subject to all conditions set forth in this title, such as off-street parking, and 

to all other permits required by the county and city, such as building permits and business 

licenses, and shall consult with officials before establishing such home occupation. 

B. Purpose of provisions. It is in the intent of this section to eliminate as home occupations all 

uses except those that conform to the standards set forth in this section. In general, a home 

occupation is an accessory use so located and conducted that the average neighbor, under normal 

circumstances, would not be aware of its existence. The standards for home occupations 

included in this section are intended to insure compatibility with other permitted uses and with 

the residential character of the neighborhood. A clearly secondary or incidental status in relation 

to the residential use of the main building is the criteria for determining whether a proposed 

accessory use qualifies as a home occupation. 

C. Necessary Conditions. Home occupations are permitted accessory uses in residential 

districts only so long as all the following conditions are observed: 

1. Such occupation shall be conducted solely by resident occupants in their residence with 

not more than one half-time nonresident employee; 

2. No more than twenty-five percent (25%) of the gross area of all structures shall he used 

for such purpose; 

3. No use shall require internal or external alterations or involve construction features or the 

use of electrical or mechanical equipment that would change the fire rating of the 

structure; 

4. No home occupation shall cause an increase in the use of any one or more utilities (water, 

sewer, garbage, etc.) so that the combined total use for dwelling and home occupation 

purposes exceeds the average for residences in the neighborhood; 

5. There shall be no outside storage of any kind related to the home occupation; 


6. The use may increase vehicular traffic flow and parking by no more than one additional 

vehicle at a time; 

7. No use shall create noise, dust, vibration, smell, smoke, glare. electrical interference, fire 

hazard, or any other hazard or nuisance to any greater or more frequent extent than that 

usually experienced in an average residential occupancy in the district in question under 

normal circumstances wherein no home occupation exists. 

D. Complaints. Complaints by citizens of Gallatin County or residents living within the zoning 

jurisdiction of the Gallatin County / Bozeman Area Zoning District may be cause for termination 

of the home occupation. However, should such complaint be filed, the operator is entitled to an 

appeal to the board of adjustment for a public hearing. The board of adjustment shall determine 

whether or not the filed complaint identifies sufficient violation of this title to warrant 

termination or modification of the home occupation. 

E. Examples of the Uses that Frequently Qualify as Home Occupations. The following are 

examples of uses which can typically be conducted within the limits of the restrictions 

established in this section and thereby may qualify as home occupations. Uses which may 

qualify as home occupations are not limited to those named in this subsection (nor does the 

listing of a use in this subsection automatically qualify as a home occupation): accountant; 

architect; artist; attorney-at-law; author, consultant; dressmaking, individual musical instrument 

instruction; individual tutoring; insurance; millinery; and realtor. 

F. Uses That Are Prohibited. The following uses, by the nature of the investment of operation, 

have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for 

home occupations and thereby impair the use and value of a residentially zoned area for 

residential purposes. Therefore, the following uses shall not be permitted as home occupations: 

auto repair, minor or major, barbershop; carpentry work; contractor's offices, unless no 

construction activity or storage of materials and/or equipment occurs at the residence; dance 

instruction; dental offices; medical offices; painting of vehicles, trailers, or boats; private schools 

with organized classes; radio repair, television repair, upholstering; beauty salons. 

G. Home Occupation Procedures. 

1. Notice of Intent to Operate a Home Occupation. Any individual applying for a business 

license with the intent of operating the business from his/her home, shall acknowledge by 

signature his/her understanding of the requirements and conditions of Section 50 of this 

title. 

2. Appeal to Board of Adjustment. Any person may appeal the planning director's action to 

the board of adjustment within fifteen days as per Section 56. 

50.160 Nonconforming uses and structures. 

A. Continuation. Any structure or use lawfully existing upon the effective date of these 

Regulations may be continued at the size and in the manner of operation existing upon such date 

except as hereinafter specified, or in the case of signage as specified in Section 65. 



B. Termination of Right. The right to operate and maintain a nonconforming use shall 

terminate when the structure or structures housing such use are removed, razed or damaged to an 

extent of fifty percent of the structure's fair market value as determined by the last equalized 

assessment role of the county. However, in the event of damage by fire, wind, earthquake or 

other act of God to the extent described above, said structure or structures and the 

nonconforming use or uses housed therein may be reestablished through a conditional use permit 

procedure as set forth in Section 53. 


C. No Reversion. When any lawful nonconforming use of any structure or land in any district 

has been changed to a conforming use, it shall not thereafter be changed to any nonconforming 

use. 


D. Abandonment. Whenever a lawful nonconforming use of a building or structure or land is 

discontinued for a period of ninety (90) days, any future use of the building or structure or land 

shall be in conformity with the provisions of these Regulations. 


E. Maintenance. Normal maintenance of a nonconforming building, or a building or other 

structure containing or related to a lawful nonconforming use is permitted, including necessary 

structural repairs provided such structural repairs do not enlarge the nonconforming building or 

intensify the nonconforming use. 


F. Changes in Non-Conforming Uses. 


1. A lawful nonconforming use shall not be changed except in conformance with the use 

requirements of the zone in which it is located. Except, however, a lawful 

nonconforming use may be changed to another nonconforming use, provided that a 

conditional use permit is obtained from the commission. 

2. To approve the conditional use permit, the commission shall determine that the proposed 

nonconforming use is more appropriate to the district than the existing nonconforming 

use, and that no unsafe or unhealthy conditions are perpetuated. In making, such a 

determination, the commission shall weigh the following criteria: 

a. Traffic impacts, both on-site and off-site; 

b. Off-street parking and loading requirements; 

c. The visual impact on the surrounding area; 

d. The degree of compliance with the adopted master plan and Zoning Regulation; 

e. The level of conflict with other uses in the surrounding area; 

f. The presence of other nonconformities in the surrounding area; 

g. The degree to which any existing unsafe or hazardous conditions would be mitigated; 

h. The viability of the subject structure(s); and 

i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater 

contamination, or other environmental impacts. 

G. Subsection deleted. 



H. Use of Existing Lots. 

1. At the time of the enactment of the regulation codified in this title, if any owner of a plot 

of land consisting of one or more adjacent lots in a subdivision of record does not own 

sufficient land within the lot of record to enable him/her to conform to the minimum lot 

size requirements or does not have sufficient lot width to conform to the minimum lot 

width requirements, such plot of land may nevertheless be used as a building site. The lot 

dimension requirements of the district in which the piece of land is located may be 

reduced by the smallest amount that will permit a structure of acceptable size to be built 

upon the lot, such reduction to be determined by the board of adjustment. 

a. In the A-S, R-S, R-1, R-2, R-2a and R-3a districts, the reduction shall permit only a 

single-family residence. 

b. In the R-3 district, the reduction shall permit only a duplex. 


c. In the R-4 and R-O districts, the reduction shall permit only townhouse clusters or 

apartment buildings containing no more than four units. 

2. No lot, even though it may consist of one or more adjacent lots in the same ownership at 

the time of passage of these Regulations, shall be reduced in size so that lot width or size 

of yards or lot area per family or any other requirement of these Regulations not 

maintained. This section shall not apply when a portion of a lot is acquired for a public 

purpose. 


3. Adjacent parcels which do not conform to minimum lot requirements and which are in 

common ownership shall be considered individual lots of record for the purposes of this 

code only if they are each greater than one acre in size and were created prior to the 

passage of the regulation codified in this title. 

I. Expansion of nonconforming use. A lawful nonconforming use may be expanded only 

through the granting of a conditional use permit by the commission. In considering the 

appropriateness of the conditional use permit application, the commission shall weigh the criteria 

set forth in subsection F of this section. In addition, the commission shall consider whether the 

expansion is reasonable, natural and incidental to the growth of an existing nonconforming use. 

In general, proposals to expand nonconforming uses shall not be approved if the expansion 

would encompass new land or property which was not in use at the time of the enactment of 

zoning or a change in zoning. 


J. Expansion of nonconforming structure. A lawful nonconforming structure may be 

expanded in accordance with these regulations if it does not increase or expand the 

nonconformity. Any other expansion which increases or expands the nonconformity may be 

approved only through the granting of a variance by the board of adjustment. 


50.180 

Section deleted. See Section 48 Manufactured Homes on Individual Lots above. 



Section 51 

DESIGN REVIEW 

Sections: 

51.010 Purpose of design review. 

51.020 General procedures, notice and timing. 

51.010 Purpose of design review. 

A. Purpose. Design review is to coordinate, expedite and assure fair, equitable implementation 

of this title. The objective shall be to encourage development quality that will enhance both the 

natural and built environments, with full consideration to present and future property values. 

51.020 General procedures, notice and timing. 

A. Informal Advice and Direction. A person or organization considering any construction, 

building or site alteration, rezoning or other development activity, with the exception of potential 

planned unit development applications, may approach the staff for informal advice and direction. 

Such discussion shall be treated as advisory by both parties and shall record only the fact that 

contact had been made. No application is required for informal review or advice by the. 

B. Formal Application. An application for staff consideration of a development proposal must 

be submitted utilizing a form available from the planning director. Material to be submitted with 

the application shall include the elements set forth within the requirements for the type of 

proposal to be considered, i.e., sketch plan, site plan, conditional use permit, land use permit, 

planned unit development, etc., as outlined in Section 52. It is recommended that the applicant 

discuss the application informally with the staff or planning director prior to formal submission 

to help expedite the process. Depending upon the size of the proposed project, its location and 

type, the applicant may be directed to one or more agencies for processing 


C. Public Notice. Public notice for any proposal that requires such notice, shall be provided in 

accordance with section 52.055. 

D. Action. For proposals subject to staff review, the staff shall take action to approve, approve 

with conditions, delay pending submission of revised or additional materials or deny the 

applicant's proposal. 

E. Plan Appeals Procedure. The applicant or certain other parties may appeal a decision of the 

staff. The criteria for appeals is set forth in Section 58, Plan Appeals Procedure. 




Section 52 

PLAN REVIEW AND APPROVAL 

Sections: 

52.010 Introduction. 

52.020 Sketch plan review. 

52.030 Site plan review. 

52.040 Special development proposals. 

52.050 Additional application requirements, review procedures and review criteria. 

52.055 Public notice requirements. 

52.060 Section deleted. 

52.070 Amendments to sketch and site plans. 


52.010 Introduction. 

A. All development proposals within the zoning jurisdictional area will be subject to plan review 

and approval. Depending on the complexity of development, either sketch plans or site plans 

will be required as specified in this section. 

B. Special development proposals (i.e., PUDs, CUPs, variances, mobile homes located on 

individual lots, etc.) require other information to be submitted in conjunction with sketch plans 

or site plans and are subject to requirements specific to the type of proposal. These additional 

submittal requirements and review procedures are outlined in section 52.040. 

C. When a development is proposed within a entryway corridor overlay district, or proposes 

signs which do not specifically conform to zoning requirements, design review is required in 

conjunction with either sketch plan or site plan review. In such cases, additional submittal 

requirements and review procedures apply as outlined in section 52.050. 

D. An individual mobile home located on a mobile home stand on a mobile home space within 

an existing mobile home park is not subject to a land use permit or land use permit site plan 

review and approval. 


52.020 Sketch plan review. 

A. Sketch Plan Submittal Requirements for Land Use Permits. 

1. Certain independent development proposals (i.e., not in conjunction with other 

development) are required to submit only sketch plans, drawn to scale and in sufficient 

detail to demonstrate compliance with all zoning requirements. Sketch plans shall be 

oriented with north at the top of the page and shall also show site boundaries, street and 

alley frontages with names, and location of all structures with distances to the nearest 

foot between buildings and from buildings to property lines. 


2. Separate construction plans are necessary for building permits when the proposal requires 

such permits. 


3. Examples of independent projects which qualify for sketch plan review are: individual 

single-family, two-family, three-family, and four-family residential units, each on 

individual lots; manufactured homes on individual lots; fences; signs in compliance with 

zoning requirements; special temporary uses; home occupations; and accessory structures 

associated with these uses. Other similar projects may be determined by the planning 

director to require only sketch plan review. The planning director shall determine all 

submittal requirements. 

B. Sketch Plan Review Procedures. Sketch plans for projects shall be submitted to the 

planning staff for a determination of compliance with zoning requirements. Once compliance is 

achieved, the application will be approved and referred to the appropriate permitting authorities. 


C. Sketch Plan Review Criteria. Sketch plans shall be reviewed for compliance with all 

applicable zoning requirements including overlay district requirements and the cessation of any 

current violations of this title, exclusive of any legal nonconforming conditions. 

52.030 Site plan review. 

A. Classification of Site Plans. 

1. For purposes of this title, site plans will be classified as major or minor site plans. All 

developments within the zoning jurisdiction, except individual single-family, two-family, 

three-family and four-family residential structures, each on individual lots, and other 

development proposals requiring only sketch plan review, shall be subject to this section. 

A major site plan involves one or more of the following: 

a. Twelve or more dwelling units in a multiple family structure or structures; 

b. Fifteen thousand (15,000) or more square feet of office space, retail commercial 

space, service commercial space or industrial space; 

c. More than one building on one site for permitted office uses, permitted retail 

commercial uses, permitted service commercial uses, permitted industrial uses or 

permitted combinations of uses; 

d. Twenty thousand (20,000) or more square feet of exterior storage of materials or 

goods; 

e. Parking for more than forty (40) vehicles. 

2. Any other site plan, except those that are part of a planned unit development or 

conditional use permit, will be considered a minor site plan. 

3. Any conditional use permit application shall be reviewed according to the regulations in 

Section 53. 

4. Any planned unit development shall be reviewed according to the regulations in Section 

54. 


B. Review Authority. 

1. The planning board has the right to review and require revisions to any proposed site 

plans, major or minor. The purpose of this review is to prevent demonstrable adverse 

impacts of the development upon public safety, health or welfare; to protect public 

investments in roads, drainage facilities, sewage facilities, and other facilities; to 

conserve the value of adjoining buildings and/or property; and to ensure that the 

applicable regulations are upheld. 

2. The planning board authorizes the staff to review and approve minor site plans, subject to 

the appeal provisions outlined in Section 58. In consideration of any major site plan 

application, the planning board may authorize the staff to review and approve major site 

plans, subject to the appeal provisions outlined in Section 58. 

C. Application of Site Plan Review Procedures. 

1. These procedures shall apply to all developments within the zoning jurisdiction except 

for individual single-family, two-family, three-family and four-family residential units, 

each on individual lots, or to other development proposals requiring only sketch plan 

review. 

2. The site plan shall be submitted and approved prior to the issuance of any building 

permit. 

3. No occupancy permits shall be issued for any development for which site plan review is 

required until certification has been provided demonstrating that all terms and conditions 

of site plan approval have been complied with. 

D. Site Plan Submittal Requirements. 

1. Applications for all site plan approvals shall be submitted to the planning office on forms 

provided. The site plan application shall be accompanied by the appropriate fee and 

development plans showing sufficient information for the commission, planning board, 

and staff to determine whether the proposed development will meet the development 

requirements. Unless otherwise specified, twenty copies of the application and required 

supplemental information addressing the following shall be submitted: 

a. General Information. 

i. Name of project/development, 

ii. Location of project/development by street address and legal description, 

iii. Location map, including area within one-half mile of site, 

iv. Name and mailing address of developer and owner, 

v. Name and mailing address of engineer/ architect, landscape architect and/or 

planner, 

vi. Date of plan preparation and changes, 

vii. North point indicator, 

viii. Suggested scale of one inch to twenty feet (1”:20’) , but not less than one inch 

to one hundred feet, 

ix. List of names and addresses of property owners within two hundred feet (200’) 

of site, using last declared county real estate tax records, 

x. Stamped, unsealed envelopes addressed with names of above property owners, 

xi. Zoning classification within two hundred feet (200’), 

xii. Listing of specific land uses being proposed, and 


xiii. Complete, signed application. 

b. Site Plan Information. The following information is required whenever the requested 

information pertains to: (1) zoning or other regulatory requirements; (2) existing 

conditions on-site; or (3) conditions on-site which would result from the proposed 

development. 

i. Boundary line of property with dimensions, 

ii. Location, identification and dimension of the following existing and proposed 

data, on-site and to a distance of one hundred feet (100’) outside site plan 

boundary unless otherwise stated: 

(A) Topographic contours at a minimum interval of two (2) feet, or as 

determined by the planning director, 

(B) Adjacent streets and street rights-of-way to a distance of one hundred fifty 

feet (150’), except for sites adjacent to major arterial streets where the 

distances shall be two hundred feet (200’), 

(C) On-site streets and rights-of-way, 

(D) Ingress and egress points, 

(E) Traffic flow on-site, 

(F) Traffic flow off-site, 

(G) Utilities and utility rights-of-way or easements: 

(1) Electric, 

(2) Natural gas, 

(3) Telephone, cable TV, 

(4) Water, 

(5) Sewer (sanitary, treated effluent and storm), 

(H) Parcel size(s) in gross acres and square feet, 

(I) Buildings and structures, 

(J) Estimated total floor area and estimated ratio of floor area to lot size (floor 

area ratio, FAR), with a breakdown by land use, 

(K) Proposed coverage of buildings and structures for parcel(s) and total site, 

including the following: 

(1) Percentage and square footage of building coverage, 

(2) Percentage and square footage of driveway and parking, 

(3) Percentage and square footage of open space and/or landscaped area, 

(L) Surface water holding ponds, streams and irrigation ditches, watercourses, 

water bodies and wetlands, 

(M) Floodplains as designated on the Federal Insurance Rate Maps, 

(N) Grading and drainage plan, including provisions for on-site 

retention/detention and water quality improvement facilities as required, or 

in compliance with any adopted storm drainage ordinance, 

(O) Significant rock outcroppings, slopes of greater than fifteen percent (15%), 

or other significant topographic features, 

(P) Detailed plan of all parking facilities including circulation aisles, access 

drives, bicycle racks, compact spaces, handicapped spaces and motorcycle 

parking, 

(Q) Sidewalks, walkways, driveways, loading areas and docks, bikeways, 

including typical details, 


(R) Provision for handicapped accessibility, including but not limited to 

wheelchair ramps, parking spaces, handrails, and curb cuts, including 

construction details and the applicant's certification of ADA compliance, 

(S) Fences and walls, including typical details, 

(T) Exterior signs, 

(U) Exterior refuse collection areas, including typical details, 

(V) Exterior lighting, including typical details, 

(W) Curb, asphalt section, and drive approach construction details, 

(X) Landscaping (detailed plan showing plantings, equipment, and other 

appropriate information as required in Section 46), 

(1) Landscape legend, including botanical and common names of 

vegetation to be used, 

(2) Size of plantings at time of planting and at maturity, 

(3) Areas to be irrigated, 

(Y) Unique natural features, significant wildlife areas and vegetative cover, 

including existing trees and shrubs having a diameter greater than two and 

one-half inches (2-½”), by species, 

(Z) Snow storage areas, 

(AA) Location of municipal and extraterritorial boundaries within or near the 

development, 

(BB) Existing zoning, 

iii. Number of employee and non-employee parking spaces, existing and proposed, 

and total square footage of each, 

iv. Site statistics including site square footage, nonresidential building square 

footage, percent of site coverage (building and parking), net dwelling unit 

density, percent park or open space, 

v. Total number, type and density per type of dwelling units, and total gross 

residential density and density per residential parcel, 

vi. A reproducible copy of the site plan with appropriate signatures shall be 

submitted upon approval; 

c. Building Design Information (On-Site). 

i. Building heights and elevations of all exterior walls of the building(s) or 

structure(s), 

ii. Height above mean sea level of the elevation of the lowest floor and location of 

lot outfall when the structure is proposed to be located in a floodway or 

floodplain area, 

iii. Floor plans depicting location and dimensions of all proposed uses and 

activities. 

E. Site Plan Review Procedures. 

1. Minor Site Plan. Minor site plans shall be processed for review in the manner prescribed 

in Section 51 and Section 58, should an appeal be taken. 

2. Major Site Plan. Major site plans shall be initially processed through the staff, however, 

the staff action may not be final but rather advisory to the planning board. All procedures 

and appeals shall be conducted per the provisions of Sections 51 and 58. 


F. Site Plan Review Criteria. 

1. In considering applications for site plan approval under this title, the staff, the planning 

board, and the commission shall consider the following: 

a. Relationship of site plan elements to conditions both on and off the property; 

b. Conformance to this title, including the cessation of any current violations; 

c. Conformance to the Gallatin County Plan; 

d. All other applicable laws, ordinances and regulations; 

e. The impact of the proposal on the existing and anticipated traffic and parking 

conditions; 

f. The consistency of the proposal with respect to land use requirements; 

g. Pedestrian and vehicular ingress and egress; 

h. Building location and height; 

i. Landscaping; 

j. Lighting; 

k. Provisions for utilities; 

1. Site surface drainage; 

m. Open space; 

n. Loading and unloading areas; 

o. Grading; 

p. Signage; 

q. Screening; 

r. Setbacks; 

s. Overlay district provisions; 

t. Other related matters, including expressed public opinion. 

2. If the staff, planning board or the commission shall determine that the proposed site plan 

will not be detrimental to the health, safety or welfare of the community, is in compliance 

with the requirements of this title and is in harmony with the purposes and intent of this 

title and the Gallatin County Plan, approval shall be granted, and such conditions and 

safeguards may be imposed as deemed necessary. 

3. Site plan approval may be denied upon determination that the conditions required for 

approval do not exist. 

52.040 Special development proposals. 

A. Application Requirements. Applications for special development proposals (PUD, CUP, 

floodplain development permits, variances) shall include: 

1. The required information for major and minor site plans described in section 52.030; 

2. Any additional application information required for specific reviews as listed in the 

following sections: 

a. 44, Flood Hazard District, 

b. 53, Conditional Use Procedure, 

c. 54, Planned Unit Development, 

d. 56, Variance and Administrative Interpretation Appeal Procedures. 


B. Review Procedures and Review Criteria. Additional review procedures and review criteria 

for specific development proposals are defined in the following Sections: 

a. 44, Flood Hazard District, 

b. 53, Conditional Use Procedure, 

c. 54, Planned Unit Development, 

d. 56, Variance and Administrative Interpretation Appeal Procedures. 

52.050 Additional application requirements, review procedures and review criteria. 

A. Submittal Requirements. 


1. Entryway Overlay District. 

a. Depending on the complexity of development, either sketch plans or site plans will be 

required as specified in this section. 

b. If the proposal includes an application for a "deviation" as outlined in section 43.080, 

the application for deviation shall be accompanied by written and graphic material 

sufficient to illustrate the conditions that the modified standards will produce, so as to 

enable the commission to make the determination that the deviation will produce an 

environment, landscape quality and character superior to that produced by the 

existing standards, and will be consistent with the intent and purpose of Section 43. 

2. Sign Proposals Which Do Not Specifically Conform to Zoning Requirements. 

Independent sign proposals (i.e., not in conjunction with other development) which do 

not specifically conform to zoning requirements, are required to submit full site plans. 

Additional site design information in sufficient detail to demonstrate compliance with the 

design objective plan encompassing the property's location shall be provided. If no 

design objective plan has been prepared for the location, additional site design 

information, if necessary, shall be determined by the staff. 

B. Review Procedures and Criteria. 


1. Approvals within the Entryway Corridor Overlay District shall only be issued according 

to procedures and criteria specified in Sections 43 and 65, and Section 51 which 

describes the general procedures, notice requirements and timing, for all proposals 

requiring staff review. 


2. Sign proposals which do not specifically conform to zoning requirements shall be 

reviewed according to procedures and criteria outlined in Section 65. 

52.055 Public notice requirements. 

A. Public Notice Requirements For Sketch Plan Applications. No public notice 

requirements shall apply for sketch plan applications outside of overlay districts. Within overlay 

districts, no public notice requirements shall apply for the alteration or construction of singlefamily 

residences unless a deviation from the underlying zoning is requested. Within overlay 

districts, public notice requirements shall apply to sketch plan applications for duplexes, triplexes 

and fourplexes where a principal use is proposed to be established or intensified, and/or a 

deviation from the underlying zoning is requested. 


B. Public Notice Requirements for major site plan applications, minor site plan 

applications, and for sketch plan applications that are not exempted from notice 

requirements above. The site in question shall be posted in at least one conspicuous location on 

the site in question and mailed to all adjacent owners of record of real property using last 

declared county real estate tax records, at least ten (10) days prior to the decision, as applicable, 

specifying the date, number, time and place for said approvals. It shall specify the name and 

address of the applicant, the name and address of the owner of record of the property, a legal 

description of the property affected, the street address or its location by approximate distances 

from the nearest major street or road intersections so the property can be readily identified, a 

brief statement of the nature of the approvals, and a reference to the appeals procedures in 

Section 58. 


C. Additional Public Notice Requirements. Additional public notice requirements for specific 

development proposals are defined in the following Sections: 

1. Section 53, Conditional Use Procedure; 

2. Section 54, Planned Unit Development; 

3. Section 56, Variance and Administrative Interpretation Appeal Procedures. 

D. Notice of Approval Within Overlay Districts. In order to inform adjacent property owners 

and residents that an application within an overlay district has been approved, any site approved 

for construction or alterations within an overlay district shall be posted with a notice supplied by 

the planning office. The notice shall be posted in a conspicuous place on the site before any 

construction begins and may be removed when the project is substantially complete. The notice 

shall specify the name of the owner of record, the address of the property, a description of the 

scope of work approved and the date of approval. 

52.060 



52.070 Amendments to sketch and site plans. 

A. Intent. It is the intent of this section to assure that issues of community concern are 

addressed during the redevelopment, re-use or change in use of existing facilities in the 

community. Specific areas of community concern include public safety, mitigation of off-site 

environmental impacts, and site character in relation to surroundings. The following procedures 

for amendments to approved plans, reuse of existing facilities, and further development of sites 

assure that these concerns are adequately and expediently addressed. 

B. Amendments of Plans Approved Under this Title. Any amendment or modification of a 

plan approved under the regulation codified in this section shall be submitted to the planning 

director for review and possible approval. Proposals for further development, reuse, or change in 

use of sites developed pursuant to this title shall also be reviewed as an amendment to an 

approved plan. All amendments shall be shown on a revised plan drawing. Amendments to 


approved plans shall be reviewed and may be approved by the planning director upon finding 

that the amended plan is in substantial compliance with the originally approved plan. If it is 

determined that the amended plan is not in substantial compliance with the originally approved 

plan, the application shall be resubmitted as a new application and shall be subject to all plan 

review and approval provisions of this section. 

C. Reuse, Change in Use, or Further Development of Sites Developed Prior to the 

Adoption of the Regulation Codified in This Title. 

1. Sites legally developed prior to the adoption of the regulation codified in this title shall be 

considered to have developed under an approved plan. Proposals for reuse, change in 

use, or the further development of sites legally developed prior to the adoption of the 

regulation codified in this title may be approved by the planning director upon finding 

that no significant alteration of the previous use and site are proposed, and upon review to 

assure that adequate access and site surface drainage are provided. All such proposals 

shall be shown on a plan drawing as required by the planning director. 

2. The criteria for determining that no significant alteration of the previous use and site will 

result from the proposed reuse, change in use, or further development of a site shall 

include but not be limited to the following: 

a. The proposed use is allowed under the same zoning district use classification as 

the previous use; however, replacement of nonconforming uses must comply 

with the provisions of subsection 50.160.F; 

b. Changes proposed for the site, singly or cumulatively, do not increase lot 

coverage by buildings, storage areas, parking areas or impervious surfaces by 

more than twenty percent, nor add more than twenty percent in assessed value to 

the property; 

c. Changes proposed for the site, singly or cumulatively, do not result in more than a 

twenty percent (20%) increase in intensity of use as measured by parking 

requirements, traffic generation or other measurable off-site impacts; 

d. The proposed use does not continue any unsafe or hazardous conditions 

previously existing on the site or associated with the proposed use of the property. 

3. If it is determined that the proposed reuse, change in use, or further development of a site 

contains significant alterations to the previous use and/or site, the application shall be 

resubmitted as a new application and shall be subject to all plan review and approval 

provisions of this section. 

4. When proposals for reuse, change in use, or further development of a site are located in 

entryway corridor overlay district, review by the staff may be required to determine 

whether re-submittal as a new application is necessary. 


Appeals of decisions rendered in conjunction with any plan review may be taken as set forth in 

Section 58. In such event, any plan review approval shall be stayed until the appeal process has 

been satisfied. 




Section 53 

CONDITIONAL USE PROCEDURE 

Sections: 

53.010 Generally. 

53.020 Application for conditional use permit-Notice requirements. 

53.030 Commission consideration and findings. 

53.040 Notification of commission action. 

53.050 Modification or enlargement of structures authorized under a conditional 

use permit. 

53.010 Generally. 

Certain uses, while generally not suitable in a particular zoning classification, may, under certain 

circumstances, be acceptable. When such circumstances exist, a conditional use permit may be 

granted by the commission. Conditions may be applied to the issuance of the permit and 

periodic review may be required. The permit shall be granted for a particular use and not for a 

particular person or firm. No conditional use permit shall be granted for a use which is not 

specifically designated as a conditional use in this title. 

53.020 Application for conditional use permit-Notice requirements. 

A. The person applying for a conditional use permit shall fill out and submit to the planning 

director the appropriate form, with the required fee. The request for a conditional use permit 

shall follow the procedures and application requirements of Section 51 and Section 52. 

B. In consideration of all conditional use permit applications, a public hearing shall be 

conducted by the planning board and a public meeting shall be conducted by the commission. 

Notice of the planning board public hearing and commission public meeting for conditional use 

permit applications shall be published at least once in a newspaper published and having general 

circulation in the county, posted in at least one conspicuous location on the site in question, and 

mailed to all owners of real property of record adjacent to the site in question using last declared 

county real estate tax records, not more than forty-five (45) days nor less than fifteen (15) days 

prior to the scheduled public hearings and approvals, specifying the date, number, time and place 

for such hearings and approvals. It shall specify the name and address of the applicant, the name 

and address of the owner of record of the property, a legal description of the property affected, 

the street address or its location by approximate distances from the nearest major street or road 

intersections so the property can be readily identified, and a brief statement of the nature of the 

public hearing, public meeting and approvals. 


C. If a rezoning is required prior to approval of a conditional use permit the application for 

rezoning and the conditional use permit may be filed and acted upon simultaneously, however 

the board's recommendation on the conditional use permit shall not be effective until zoning has 

been approved by the commission. 


53.030 Commission consideration and findings. 

A. The commission, in approving a conditional use permit, shall find as follows: 

1. That the site for the proposed use is adequate in size and, topography to accommodate 

such use, and all yards, spaces, walls and fences, parking, loading and landscaping are 

adequate to properly relate such use with the land and uses in the vicinity; 

2. That the site for the proposed use relates to streets and highways adequate in width and 

pavement type to carry the quantity and kind of traffic generated by the proposed use; 

3. That the proposed use will have no adverse effect upon the abutting property; 

4. That the proposed use shall be in conformance with the Gallatin County Plan; 

5. That the conditional use has complied with all conditions stipulated in Sections 46, 47, 

and 50; 

6. That any additional conditions stated in the approval are deemed necessary to protect the 

public health, safety and general welfare. Such conditions may include but are not 

limited to: 

a. Regulation of use, 

b. Special yards, spaces and buffers, 

c. Special fences, solid fences and walls, 

d. Surfacing of parking areas, 

e. Requiring street, service road or alley dedications and improvements or appropriate 

bonds, 

f. Regulation of points of vehicular ingress and egress, 

g. Regulation of signs, 

h. Requiring maintenance of the grounds, 

i. Regulation of noise, vibrations, odors, 

j. Regulation of hours for certain activities, 

k. Time period within which the proposed use shall be developed, 

l. Duration of use, 

m. Requiring the dedication of access rights, 

n. Other such conditions as will make possible the development of the zoning 

jurisdiction in an orderly and efficient manner. 

B. The commission shall, in addition to all other conditions, impose the following general 

conditions upon every conditional use permit granted: 

1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of 

all general and special conditions imposed by the conditional use permit procedure; 

2. That all of the special conditions shall constitute restrictions running with the land use, 

shall be binding upon the owner of the land, his successors or assigns, and shall be 

recorded as such with the Gallatin County clerk and recorder's office by the property 

owner prior to the issuance of any building permits, final site plan approval or 

commencement of the conditional use; 

3. That all conditions specifically stated under any conditional use listed in this title shall 

apply and be adhered to by the owner of the land, successors or assigns; 

4. That all of the special conditions shall be consented to in writing by the applicant. 


C. Applications for conditional use permits may be approved, conditionally approved or 

denied by motion of the commission. If an application is denied, the denial shall constitute a 

finding that the applicant has not shown that the conditions required for approval do exist. 

53.040 Notification of commission action. 

The applicant shall be notified in writing of the action taken by the commission within seven 

business days of its action. If the conditional use permit has been granted, the permit shall be 

issued upon the signature of the planning director, and any conditions, automatic termination 

date, or period of review shall be stated on the permit. 

53.050 Modification or enlargement of structures authorized under a conditional 

use permit. 

Any proposed additions, enlargements or modifications of the structures approved in any 

conditional use permit or any proposed extension of the use into areas not approved in any such 

permit, shall be subject to Section 52 and Section 53 of this title. 




Section 54 

PLANNED UNIT DEVELOPMENT 

Sections: 

54.020 Intent of planned unit development. 

54.030 Application and uses of a planned unit development. 

54.040 Special conditions of a planned unit development. 

54.050 Planned unit development review procedures and criteria. 

54.060 Plan submittal requirements. 

54.070 Duration of planned unit development approval. 

54.080 Phasing of planned unit developments. 

54.090 Enforcement of approval requirements and conditions. 

54.100 Planned unit development design objectives and criteria. 

54.020 Intent of planned unit development. 

It is the intent through the use of the planned unit development (PUD) concept, to promote 

maximum flexibility and innovation in the development of land and the design of development 

projects within the zoning jurisdiction. Specifically, with regard to the improvement and 

protection of the public health, safety and welfare, it shall be the intent of this title to promote the 

pursuit of the following community objectives: 

A. To ensure that future growth and development occurring within the zoning jurisdiction is in 

accord with the Gallatin County Plan, its specific elements and its goals, objectives and policies; 

B. To encourage innovations in land development and redevelopment so that greater 

opportunities for better housing, recreation, shopping and employment may extend to all citizens 

of the Gallatin County area; 

C. To foster the safe, efficient and economic use of land and transportation and other public 

facilities; 

D. To ensure adequate provision of public services such as water, sewer, electricity, open space 

and public parks; 

E. To avoid inappropriate development of lands and to provide adequate drainage and reduction 

of flood damage; 

F. To encourage patterns of development which decrease automobile travel and encourage trip 

consolidation, thereby reducing traffic congestion and degradation of the existing air quality; 

G. To promote the use of bicycles and walking as effective modes of transportation; 

H. To reduce energy consumption and demand; 

I. To minimize adverse environmental impacts of development and to protect special features of 

the geography; 

J. To improve the design, quality and character of new development; 

K. To encourage development of vacant properties within developed areas; 

L. To protect existing neighborhoods from the harmful encroachment of newer, incompatible 

developments; and 

M. To promote logical development patterns of residential, commercial, office and industrial 

uses that will mutually benefit the developer, the neighborhood, and the community as a whole. 


54.030 Application and uses of a planned unit development. 

A. A planned unit development may be applied to any development having one or more 

principal uses or structures on a single parcel of real property or contiguous parcels of real 

property. Any use or combination of uses may be allowed in a planned unit development 

provided such uses are consistent with the Gallatin County Plan and subsection E. of section 

54.100. 

B. All planned unit developments shall consist of a harmonious arrangement of uses, buildings, 

parking areas, circulation and open spaces. All planned unit developments shall be designed as 

an integrated unit, in such a manner as to constitute a safe, efficient and convenient development. 

C. Any planned unit development shall be considered as a conditional use within the zoning 

district in which it is to be located. 

D. The commission retains final approval authority for planned unit developments. 

54.040 Special conditions of a planned unit development. 

The following special conditions shall apply to any planned unit development. 

A. Single Ownership. The tract or parcel of land involved shall be either in one ownership or 

the subject of an application filed jointly by the owners of all the property to be included. 

B. Title Holdings. The approved final plan shall specify the manner of holding title to areas 

and facilities of joint use. Normally such areas and facilities shall be retained in title by the 

developers of the development or deeded to an organization composed of all owners in the 

development. 

C. Residential Planned Unit Developments. The permitted number of residential dwelling 

units shall be determined by the provision of and proximity to public services and subject to the 

limitations in section 54.100.E. 

D. Use of General Building and Development Standards. All planned unit developments 

shall be reviewed against the general building and development standards established in Sections 

46, 47 and 50. However, the general building and development standards will be used only as a 

guide. Approval of a planned unit development shall rest upon a finding by the commission, as 

proved by the proposal for a planned unit development, that the intent of the general building and 

development standards is achieved. 

E. Establishing Additional Standards. In addition to, or in lieu of, the general building and 

development standards, the county shall have the right to establish general design standards, 

guidelines and policies, for the purpose of implementing and interpreting the provisions of this 

section. 


F. Conformance to Sign Code. All signs proposed in conjunction with a planned unit 

development shall be reviewed against the provisions of the sign code, Section 65. All signage 

must be approved as part of the PUD and shall be designed as an integral element of the overall 

planned unit development. Approval of signs within a planned unit development shall rest upon 

a finding by the commission, as proved by the specific proposal, that the intent of the sign code 

is achieved. 

54.050 Planned unit development review procedures and criteria. 

A. Approval of a planned unit development shall consist of three procedural steps: 

1. Concept Plan Review. Discussion with the planning staff of the applicant's proposal and 

any requirements, standards or policies that may apply; this step represents an 

opportunity to identify any major problems that may exist and solutions to those 

problems before formal application. 

2. Preliminary Plan Approval. Submittal of sufficient information to permit review of the 

land use relationships, densities, and the type, size and location of the principal design 

elements of the planned unit development by the planning board and commission. A 

planned unit development that will be developed in phases must submit either a 

preliminary plan for all phases or else submit a preliminary plan for the initial phase or 

phases and submit development guidelines for all subsequent phases. 

3. Final Plan Approval. The final plan must be in compliance with the approved 

preliminary plan and/or development guidelines except as provided for in subsection D.2 

of this section, and shall be reviewed and approved by staff. 


B. Concept Plan Review. 

1. A concept plan review is mandatory for all planned unit development proposals. 

2. Review Procedures. This is an opportunity for applicants to discuss requirements, 

standards and policies that apply to development proposals and to identify major 

problems, so that they can be solved before a formal application is made. Concept plan 

review meetings will be held by the staff and will provide guidance for planned unit 

development applications. The general outline of the planned unit development proposal, 

presented as graphic sketch plans, shall be submitted by the applicant and reviewed by 

the staff. Thereafter, the planning director shall furnish the applicant with written 

comments regarding such conference, including appropriate recommendations to inform 

and assist the applicant prior to preparing the components of the planned unit 

development application. If any subdivision of the tract(s) in question is proposed, a 

subdivision Pre-application plat application shall be submitted for review concurrently 

with the PUD concept plan application, subject to the requirements and limitations of 

Gallatin County Subdivision Regulations. 

C. Preliminary Plan Review and Approval. 

1. Application Process. Upon completion of concept plan review and receipt of the 

planning director's comments on the concept plan, an application for preliminary plan 

approval may be filed with the planning director. If the development project is to be 

developed in phases and all phases are not fully detailed in the preliminary plan, 

development guidelines shall be required for all phases not fully detailed. If any 


subdivision of the tract(s) in question is proposed, a subdivision preliminary plat 

application shall be submitted for review concurrently with the PUD preliminary plan 

application, subject to the requirements and limitations of Gallatin County Subdivision 

Regulations. 

2. Public Hearings and Meetings. Public hearings and/or public meetings before the 

planning board and commission for any preliminary plan application, and public notice of 

such hearings and meetings, shall be provided in accordance with section 53.020 of this 

title. 

3. Review Criteria. In order to approve an application for a planned unit development the 

commission shall find that the application is in conformance with all applicable 

objectives and criteria of section 54.100 and the criteria in section 53.030. 

4. Planning Board Recommendations. After conducting a public hearing and considering 

recommendations from the staff, the planning board shall recommend the approval, 

conditional approval or denial of the preliminary plan to the commission and shall 

include in such recommendation the findings of the board upon which such 

recommendation was determined. If no recommendation is made by the planning board, 

a record of the planning board hearing shall be forwarded to the commission. 

5. Preliminary Plan Approval. The commission, after review by the planning board, and 

after conducting a public meeting, may approve, disapprove or approve with conditions 

the proposed planned unit development. Approval of a preliminary plan shall not 

guarantee approval of the final plan; rather it shall be deemed an expression of approval 

of the layout, densities and proposed impact mitigation measures submitted on the 

preliminary plan as a guide to the preparation of the final plan. 

D. Final Plan Review and Approval. 

1. Application Process. Upon approval or conditional approval of a preliminary plan by the 

commission, an application for a final plan approval may be submitted. 

2. Review Criteria. Compliance with Preliminary Plan. For approval to be granted the final 

plan shall be in compliance with the approved preliminary plan. This shall mean that all 

conditions imposed by the commission as part of its approval of the preliminary plan 

have been met and: 

a. The final plan does not change the general use or character of the development. 

b. The final plan does not increase the number of residential dwelling units by more than 

two percent and does not exceed the amount of any density bonus approved with the 

preliminary plan. 

c. The final plan does not decrease the open space provided on the preliminary plan by 

more than five percent. 

d. The final plan does not contain changes that do not conform to the objectives and 

criteria of section 54.100. 

3. Final Plan Approval. The staff may approve, disapprove or approve with additional 

conditions, the proposed planned unit development if it conforms with the approved 

preliminary plan in the manner described above. Prior to final plan approval, the staff or 

planning director may request a recommendation from the planning board or commission 

regarding any part of a proposed final plan that does not specifically conform to the 

approved preliminary plan. 


4. Amendments to Final Plan. Building permits and other development approvals shall be 

issued on the basis of the approved final plan and any conditions of approval. No 

administrative personnel are permitted to issue permits for improvements which are not 

indicated on the approved final plan with the exception of the following: 

a. Minor Changes. 

i. Minor changes to a planned unit development may be approved administratively 

and in writing, if at all, by the planning director, whereupon a permit may be 

issued. Such changes may be authorized without additional public hearings, at the 

discretion of the planning director. This provision shall not prohibit the planning 

director from requesting a recommendation from the planning board or 

commission. 

ii. Minor changes shall not affect the location and placement of buildings, a change 

of uses, the shape and arrangement of lots and blocks, the allocation of reserved 

open space, increases in density and/or intensity of the project or, in general, the 

overall design or intent of the project; 

b. Major Changes. 

i . Major changes to a planned unit development shall be approved, if at all, only by 

the commission, and must follow the same planned unit development review and 

public hearing process required for approval of preliminary plans. 

ii. For planned unit developments, major changes shall be defined as follows: 

(A) A change in the character of the development, 

(B) An increase of greater than one percent (1%) in the approved number of 

residential dwelling units, 

(C) An increase of greater than two percent (2%) in the improved gross leasable 

floor areas of retail, service, office and/or industrial buildings, 

(D) A reduction by greater than two percent (2%) in the approved open space, 

(E) A change in the location and placement of buildings, 

(F) An increase in the problems of traffic circulation and public utilities, 

(G) Any change in the development that would normally cause the project to be 

disqualified under the applicable criteria of section 54.100. 

54.060 Plan submittal requirements. 

For each stage of the review process, the information and data described below shall be 

submitted unless the planning director determines that the information is unnecessary for the 

proper evaluation of the development based on the findings of the concept plan review. Only 

after the planning director or his designee has determined that all required information has been 

submitted will the application be processed. 

A. Submittal Requirements for Concept Plans. The following information and data shall be 

submitted for concept plan review: 

1. Data regarding- site conditions, land characteristics, available community facilities and 

utilities and other related general information about adjacent land uses and the uses of 

land within one-half mile of the subject parcel of land; 


2. Conceptual (sketch) drawing showing the proposed location of the uses of land, major 

streets and other significant features on the site and within one-half mile of the site; 

3. A computation table showing the site's proposed land use allocations by location and as a 

percent of total site area. 

B. Submittal Requirements for Preliminary Plans. The following information and data shall 

be submitted for preliminary plan review: 

1. Document Requirements. The following information shall be presented in an eight and 

one-half inch by eleven inch (8-½”x11”) vertically bound document. The document shall 

be bound so that it will open and lie flat for reviewing and organized in the following 

order: 

a. Application forms, 

b. A list of names of all general and limited partners and/or officers and directors of the 

corporation involved as either applicants or owners of the planned unit development, 

c. Legal description of the site, 

d. A copy of the list of the names and addresses of all owners of record of real property 

within two hundred feet (200’) of the property lines of the parcel of land for which 

the planned unit development is proposed, exclusive of public rights-of-way. The 

original list shall be included in the document. A listing of the names and addresses 

typed on stamped, plain white envelopes shall be submitted separately, 

e. A statement of planning objectives, including: 

i. Statement of applicable land use policies and objectives achieved by the proposed 

plan and how it furthers the implementation of the Gallatin County Plan, 

ii. Statement of: 

(A) Proposed ownership of public and private open space areas; and 

(B) Applicant's intentions with regard to future ownership of all or portions of 

the planned unit development, 

iii. Estimate of number of employees for business, commercial and industrial uses, 

iv. Description of rationale behind the assumptions and choices made by the 

applicant, 

v. The applicant shall submit as evidence of successful completion of the applicable 

community design objectives and criteria of section 54.100, documentation 

pursuant to these regulations for each proposed use. The applicant shall submit 

written explanation for each of the applicable objectives or criteria as to how the 

plan does or does not address the objective or criterion. The planning director 

may require, or the applicant may choose to submit, evidence that is beyond what 

is required in that section. Any element of the proposal that varies from the 

criterion shall be described, 

vi. Detailed description of how conflicts between land uses are being avoided or 

mitigated, 

vii. Statement of design methods to reduce energy consumption, (e.g., home/business 

utilities, transportation fuel, waste recycling), 


f. A development schedule indicating the approximate date when construction of the 

planned unit development, or stages of the same, can be expected to begin and be 

completed, including the proposed phasing of construction of public improvements 

and recreational and common space areas, 

g. Reduced versions of all preliminary plan and supplemental plan maps and graphic 

illustrations at eight and one-half by eleven inches (8-½”x11”) or eleven by seventeen 

inches (11”x17”) size; 

2. Site Plan Requirements. A site plan of the proposed development drawn at a scale of one 

inch equals one hundred feet, sixty feet, fifty feet or forty feet and composed of one or 

more sheets with an outer dimension of twenty-four by thirty-six inches (24”x36”), 

showing the information required for site plans in subsection 52.030.D plus the following 

additional information: 

a. Percentage and square footage of public street right-of-way, 

b. Percentage and square footage of active recreational use area, 

c. Boundary and square footage of each area designated as active recreational use, 

d. Location and acreage of common open areas and all public and semipublic land uses, 

including public parks, recreation areas, school sites, and similar uses, 

e. Location of existing and proposed pedestrian circulation system, including its 

interrelationships with the vehicular circulation system, indicating the proposed 

treatment of points of conflict. Provision for handicapped accessibility, including but 

not limited to wheelchair ramps, parking spaces, handrails, and curb cuts, including 

construction details and the applicant's certification of ADA compliance, 

f. The existing and proposed circulation system of arterial, collector and local streets, 

including: (i) off-street parking areas; (ii) service areas; (iii) loading zones; and iv) 

major points of access to public rights-of-way, including major points of ingress and 

egress to the development. Notations of proposed ownership, public or private, 

should be included where appropriate, 

g. The proposed treatment of the perimeter of the planned unit development, including 

materials and techniques used, such as screening, fences, walls and other landscaping, 

h. Adjacent Site Information. Area shown on the site plan shall extend beyond the 

property lines of the proposal to include a survey of the area and uses within two 

hundred feet of the proposal, exclusive of public right-of-way at the same scale as the 

proposal and including the following: 

i. Land uses and location of principal structures, 

ii. Densities of residential uses, 

iii. Existing trees and major features of landscape, 

iv. Topographic contours at two-foot intervals, unless otherwise permitted by the 

planning director, 

v. Traffic circulation system, 

i. Supplemental Vicinity Map. Vicinity map of the area surrounding the site within a 

distance of at least one mile showing: 

i. Zoning districts, 

ii. Location of existing municipal boundary lines, 

iii. Traffic circulation system, 

iv. Major public facilities including schools, parks, trails, etc., 


j. Certificates for the following information: 

i . Attorney's or owner's certification of ownership, 

ii. Planning director certification of approval of the site plan, including a statement 

regarding any element of the project that varies from the community design 

objectives and criteria of section 54.100, 

iii. Owner certification of acceptance of conditions and restrictions as set forth on the 

site plan; 

3. Supplemental Plan Requirements. 

a. Viewsheds. 

i. Looking onto and across the site from areas around the site, describe and map the 

views and vistas from adjacent properties that may be blocked or impaired by 

development of the site, 

ii. Describe and map areas of high visibility on the site as seen from adjacent off-site 

locations, 

b. Recreation and Trails. Describe and map all existing and proposed trails, parks and 

recreation areas within one mile of the site. State the size (in acres) and functions of 

the parks and recreation areas identified, 

c. Historic Resource. Describe and map any historic structures or historic districts on 

the site or within four hundred feet (400’), 

d. Street Cross Sections if Different From County Standards. Street cross-section 

schematics shall be submitted for each general category of street, including: 

i. The proposed width, 

ii. Treatment of curbs and gutters, 

iii. Sidewalk systems, and 

iv. Bikeway systems, where alternatives to the design criteria and standards are 

proposed, 

e. Physiographic data, including the following: 

i. A description of soils existing on the site, accompanied by analysis as to the 

suitability of such soils for the intended construction and proposed landscaping, 

ii. A description of the hydrologic conditions of the site with analysis of water table 

fluctuation and a statement of site suitability for intended construction and 

proposed landscaping, 

iii. Locate and identify the ownership of existing wells or well sites within four 

hundred feet (400’) of the site, 

f. Drainage Plan. In addition to all drainage and hydrologic information required in 

section 52.030.D, a detailed preliminary drainage report, calculations and/or plan 

shall be submitted, including: 

i. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, 

reservoirs, etc., which may be incorporated into the storm drainage system for the 

property shall be designated, 

ii. All plans shall indicate the proposed outlet for the storm drainage from the 

property, including: 

(A) The name of the drainageway (where appropriate), 

(B) The downstream conditions (developed, available drainageways, etc.), and 

(C) Any downstream restrictions, 


g. Temporary Facilities Plan. A plan of the site showing the location of all temporary 

model homes, sales offices and/or construction facilities, including temporary signs 

and parking facilities, 

h. Preliminary Subdivision Plat. If the project involves or requires platting, a 

preliminary subdivision plat, subject to the requirements of the county’s subdivision 

regulation, shall be submitted, 

i. Traffic Impact Analysis. At the discretion of the planning director a traffic impact 

analysis shall be prepared based upon the proposed development. The analysis shall 

include provisions of the approved development guidelines, and shall address impacts 

upon surrounding land uses. The planning director may require the traffic impact 

analysis to include the following: 

i. Land Use and Trip Generation. A table of each type of land use, the number of 

units or square footage, as appropriate, the trip rates used (daily and peak hour) 

and resulting trip generation, 

ii. Traffic graphics showing: 

(A) AM peak hour site traffic, 

(B) PM peak hour site traffic, 

(C) AM peak hour total traffic, 

(D) PM peak hour total traffic, 

(E) Total daily traffic (with site generated traffic shown separately), 

iii. AM and PM Capacity Analysis. An AM and PM peak hour capacity analysis 

shall be provided for: 

(A) All major drive accesses that intersect collector or arterial streets; and (B) all 

arterial-arterial, collector-collector, and arterial-collector intersections 

within one mile of the site, or as directed by the planning director, 

iv. Report format shall be as follows: 

(A) Trip generation, using Institute of Transportation Engineers Trip 

Generation Manual, 

(B) Trip distribution, 

(C) Traffic assignment, 

(D) Capacity analysis, 

(E) Evaluation, 

(F) Recommended access plan, including access points, modifications and any 

mitigation techniques, 

v. Additional Analysis Criteria. 

(A) Appropriate clearance intervals shall be provided for each exclusive 

movement. Pedestrian movements must be provided for each cycle and 

pedestrian overpasses shall not be at intersections. Maximum pedestrian 

walking speeds shall be four feet per second with a minimum "WALK" time 

of seven seconds. Intersection pavement widths shall not exceed that 

required to provide three through lanes in each direction, dual left-turn lanes 

and right-turn lanes, 

(B) Traffic progression will be of paramount importance. Consequently, all 

potential intersections with signals will be placed on quarter-mile points 

unless otherwise approved by the planning director, 


(C) Intersection level of service "C" shall be the design objective and under no 

conditions will less than level of service "D" be accepted for site operations. 

Arterial intersections and turning operations shall operate at level of service 

"C." If level of service "E" is the result of the study, then alternatives of 

providing level of service "D" shall be analyzed and included as part of the 

study. Generally, the design year will be approximately fifteen years 

following construction, 

vi. Summary analysis explaining: 

(A) The proposed access points for the project, their location, and the rationale 

for their placement in terms of circulation, 

(B) Future off-site road improvements for access, which roads they will be, the 

projected time frame for their completion and who is responsible for their 

completion, 

(C) ADT and level of service changes to all streets, 

(D) How traffic impacts to existing streets will be minimized by the planned unit 

development, 

(E) Describe bicycle and pedestrian pathways within the development, if used, 

j. Additional Studies and Plans. The planning board or commission may require 

additional impact studies or other plans as deemed necessary for providing thorough 

consideration of the proposed planned unit development; particularly if the 

development's compliance with the community design objectives and criteria is under 

question; 

4. Reproducible Copy Requirements. In addition to the above document, the applicant shall 

submit the following for review purposes: 

a. One full-size rolled (not folded) mylar of all plans and renderings, 

b. One eight and one-half by eleven inch (8-½”x11”) clear film reduction of all plans 

and renderings for reproduction and overhead projector use. 

C. Submittal Requirements for Final Plans. 

1. Application form. 

2. A list of names of all general and limited partners and/or officers and directors of the 

corporation involved as either applicants or owners of the planned unit development. 

3. Site Plan Submittal Requirements. 

a. A final plan site plan shall be submitted on a twenty-four by thirty-six inch sheet(s) 

(24”x36”) at the same scale as the approved preliminary plan. If a different scale is 

requested or required, a copy of the approved preliminary plan shall be submitted that 

has been enlarged or reduced to equal the scale of the final plan. However, only the 

scales permitted for the preliminary plans shall be permitted for final plans. 

b. The final plan site plan shall show the following information: 

i. Land use data (same Information as required on the preliminary site plan); 

ii. Lot lines, easements, public rights-of-way as per subdivision plat; 

iii. Attorney's or owner's certification of ownership; 

iv. Planning director certification of approval of the site plan and its conformance 

with the preliminary plan; 

v. Owner's certification of acceptance of conditions and restrictions as set forth on 

the site plan. 


4. Supplemental Plans. 

a. Final Landscape Plan. A final landscape plan consistent with the conditions and 

restrictions of the approved preliminary plan shall be submitted. It shall also be 

consistent with the Landscape Regulation, Section 46, except that any stated 

conditions and restrictions of the preliminary plan approval shall supersede the 

Landscape Regulation. 

b. Final Subdivision Plat. An official final subdivision plat of the site must accompany 

the final planned unit development plan. This plat must conform to the subdivision 

requirements of the county, except as waived by the approved preliminary plan for 

the planned unit development. The subdivision shall contain proper dedications for 

public streets, utility easements, and all other public rights required by the 

preliminary plan. Approval of the final subdivision plat shall be required before 

filing of the subdivision plat or issuance of building permits. 

c. Final Utility Plans. Prior to submission of the final plan to the staff, final detailed 

engineering plans for sewer, water, electrical, street improvements and other public 

improvements, and an executed agreement in proper form providing for the 

installation of such improvements, must be submitted to and approved by the county. 

d. Open Space Maintenance Plan. 

i. Maintenance of Community Open Spaces. The developer shall submit a legal 

instrument setting forth a plan providing for the permanent care and maintenance 

of open spaces, recreational areas, communally owned facilities, and parking lots. 

The same shall be submitted to the county attorney and shall not be accepted by 

the county until approved as to legal form and effect. If the common open space 

is deeded to a homeowner's association, the applicant shall file the proposed 

documents governing the association. Such documents shall meet the following 

requirements: 

(A) The homeowners' association must be established before any residences are 

sold; 

(B) Membership in the association must be mandatory for each residence owner; 

(C) Open space restrictions must be permanent and not for a period of years; 

(D) The homeowners' association must be made responsible for liability 

insurance, taxes and maintenance of recreational and other facilities; 

(E) The association must have the power to levy assessments which can become 

a lien on individual premises for the purpose of paying the cost of operating 

and maintaining common facilities; 

(F) The governing board of any such association shall consist of at least five 

members who shall be owners of property in the planned unit development. 

ii. Open Space Maintenance Guarantee. 

(A) In the event the organization or any successor organization established to 

own and maintain common open spaces, recreational areas, communally 

owned facilities and private streets, shall at any time fail to maintain the 

common facilities in reasonable order and condition in accordance with the 

approved plan, the commission may cause written notice to be served upon 

such organization or upon the owners of property in the development setting 

forth the manner in which the common facilities have failed to be 

maintained in reasonable condition, which notice shall include the demand 


that the deficiencies noted be cured within thirty days thereafter and shall 

state the date and place of a hearing to be held within fourteen days of the 

notice. At the time of hearing, the commission may modify the terms of the 

original notice as to deficiencies and may extend the time within which the 

same may be cured. If the deficiencies set forth in the original notice or 

modifications are not cured within the time set, the commission in order to 

preserve the taxable values of properties within the development and to 

prevent the common facilities from becoming a public nuisance, may enter 

upon such common facilities and maintain the same for a period of one year. 

Such entry and- maintenance shall not vest in the public any right to use the 

common facilities not dedicated to public use. Before expiration of such 

year, the commission shall, upon its own initiative or upon written request 

of the organization theretofore responsible for maintenance, call a public 

hearing and give notice of such hearing to the organization responsible for 

maintenance or the property owners of the planned unit development. At 

such hearing, the organization responsible for maintenance and/or the 

residents of the development may show cause why maintenance by the 

county should not be continued for a succeeding year. If the commission 

determines that it is not necessary for the county to continue such 

maintenance, the county shall cease such maintenance at the time 

established by the commission. Otherwise the county shall continue 

maintenance for the next succeeding year subject to a similar hearing and 

determination at the end of each year thereafter. 

(B) The cost of maintenance by the county shall be a lien against the common 

facilities of the planned unit development and the private properties within 

the development. The commission shall have the right to make assessments 

against properties in the development on the same basis that the organization 

responsible for maintenance of the facilities could make such assessments. 

Any unpaid assessment shall be a lien against the property responsible for 

the same, enforceable the same as a mortgage against such property. The 

county may further foreclose its lien on the common facility by certifying 

the same to the county treasurer for collection as in the case of collection of 

general property taxes. 

iii. Guarantee for Open Space Preservation. Open space shown on the approved final 

plan shall not be used for the construction of any structures not shown on the final 

plan. 

5. Reproducible Copy Requirements. In addition to the requirements for site plan and 

supplemental plan submittal the following shall be submitted for copying and permanent 

records: 

a. Signed reproducible, full-size mylars for all site and landscape plans, architectural 

elevations, subdivision plats, utility plans, and any other plans required by the 

commission; 

b. One eight and one-half by eleven inch (8-½”x11”) clear film reduction of all plans 

and renderings. 


54.070 Duration of planned unit development approval. 

A. Duration Of Preliminary Plan Approval. 

1. Within a maximum of three (3) years following the approval of a preliminary plan for 

multi-use and/or multiphase PUDs and within a maximum of six months following the 

approval of a preliminary plan for single-use PUDs which are not phased, the applicant 

shall file with the planning department a final plan(s) in detailed form covering all or part 

of the development. 

2. Upon application and for good cause, the planning director may administratively extend 

the period for filing a final plan for two successive six (6) month periods. The granting 

of administrative extensions under this section may, at the discretion of the planning 

director, be referred to the planning board. 

3. Any additional six (6) month extensions to the planned unit development shall be 

approved, if at all, only by the planning board. A request for extension of preliminary 

approval under this section must be submitted to the planning director in writing by the 

applicant at least thirty days prior to the date of expiration. Failure to submit a written 

request within the specified time period shall cause forfeiture of the right to extension of 

preliminary approval. 

4. If no final plan(s) is filed covering all or any portion of the preliminary plan within the 

above time limits, the right to proceed under the preliminary plan shall expire for any 

portion of the preliminary plan for which a final plan has not been timely filed. 

B. Duration of Final Plan Approval. 

1. The applicant must undertake and complete the development of an approved final plan 

within two (2) years from the time of final approval. For the purposes of this section, a 

development is substantially complete once all engineering improvements (water, sewer, 

streets, curbs, gutter, street lights, fire hydrants and storm drainage) are installed and 

completed in accordance with rules and regulations. Extensions for two successive 

periods of six (6) months may be administratively granted by the planning director. The 

granting of administrative extensions under this section may, at the discretion of the 

planning director, be referred to the planning board. 

2. Any additional six (6) month extensions to the planned unit development shall be 

approved, if at all, only by the planning board. A request for extension of final approval 

under this section must be submitted to the planning director in writing by the applicant 

at least thirty (30) days prior to the date of expiration. Failure to submit a written request 

within the specified time period shall cause forfeiture of the right to extension of final 

approval. Failure to develop within the specified time limit and improvement 

requirements shall cause a forfeiture of the right to proceed under the final plan and 

require resubmission of all materials and re-approval of the same through the preliminary 

plan procedures. 


54.080 Phasing of planned unit developments. 

A. Applications for Phased Planned Unit Developments. If a planned unit development is 

intended to be developed over time in two or more separate phases, application for approval of a 

phased planned unit development shall follow procedures established for concept plan review as 

outlined in this section. After concept plan review is completed, phased PUDs may be proposed 

in accordance with one of three procedures: 

1. Application for Simultaneous Approval of All Phases of the PUD. 

a. Where all phases of a PUD are planned in detail, an application for approval of all 

phases of the PUD may be made in accordance with preliminary plan review and 

approval procedures outlined in this section. In such cases, preliminary plans and all 

required supplemental information shall clearly set forth phased development 

boundaries, schedules, and other details pertaining to the phasing of the project. 

b. Upon approval of the preliminary plan for all phases of the PUD, each phase of the 

development may occur in accordance with the review and approval procedures for 

final plans as specified in this section. 

2. Application for Approval of Initial Phase of the PUD, With Subsequent Phases Master 

Planned and Subject to Development Guidelines. Where the applicant wishes to gain 

preliminary and final approval for the initial phase(s) of a PUD, and further wishes to 

gain master plan and development guidelines approval for subsequent phases of the PUD, 

preliminary and final plan review and approval procedures for the initial phase(s) shall be 

followed in accordance with this section. A master plan and development guidelines for 

the remaining phases of the development shall be provided for review and approval as 

outlined below. 

3. Application for Approval of a Phased PUD Based Only Master Plan and Development 

Guidelines. Applications for approval of a phased PUD without detailed plans for any 

phase shall not generally be accepted. However, under unique circumstances and for 

good cause shown, the planning director may determine that an application for approval 

of a master plan and development guidelines for a phased PUD may be submitted without 

a preliminary plan for any phase. When such a determination has been made, application 

for approval of a master plan and development guidelines may be made in accordance 

with phased PUD approval procedures as set forth below. 

B. Phased PUD Approval Process. Master plans and development guidelines shall be 

reviewed and approved according to the procedures established for preliminary plans as 

established in this section. When a master plan and development guidelines for a phased PUD 

have been reviewed by the planning board and approved by the commission, each phase of the 

PUD may be developed in accordance with the review and approval procedures set forth in this 

section for final plan reviews. 

C. Phased PUD Review Criteria. 

1. In general, the review criteria for phased PUDs shall be the same as that for PUDs as set 

forth in subsections 54.050.B.2 and 54.050.C.2. of this code. 


2. In those cases where master plans and development guidelines are proposed to govern the 

development of future phases of the PUD, the commission must determine that the 

proposed master plan and development guidelines are provided in sufficient detail to 

support a finding that the phased PUD will comply with all requirements for PUD 

approval if developed in accordance with the approved master plan and development 

guidelines. 

3. Staff review and approval of preliminary and final plans for those phases of a PUD which 

have an approved master plan and development guidelines shall assure compliance and 

consistency with said master plan and development guidelines. 

4. Should staff determine that proposals to develop subsequent phases of a PUD are not in 

compliance with the approved master plan and development guidelines, the determination 

may be appealed to the commission subject to the provisions of Section 58 of this code. 

D. Phased Planned Unit Development Submittal Requirements. 

1. Master Plan Submittal Requirements. Master plans for phased PUDs shall consist of a 

detailed site plan depicting: 

a. Existing conditions for the entire phased PUD as required by subsections B and C of 

section 54.060; and 

b. Proposed conditions pertaining to such elements as building location, open spaces, 

vehicular and pedestrian circulation, and boundaries of the individual phases of the 

PUD in as much detail as is required by the findings of the concept plan review as 

outlined in this section. 

2. Development Guidelines Submittal Requirements. Development guidelines for phased 

PUDs shall be submitted to the planning director as part of the application submittal in 

one or more orderly documents. Each document shall contain a table of contents and 

shall be in an eight and one-half by eleven inch vertical format, bound to open flat for 

review. All graphic representations shall be in eight and one-half by eleven inch 

(8-½”x11”) or eleven by seventeen inch (11”x17”) format. Development guidelines for 

phased PUDs shall contain the information as is required by the findings of the concept 

plan review as outlined in this section. Such information may include, but is not limited 

to, the following: 

a. A description of submittal requirements and review procedures for the approval of 

preliminary and final plans submitted in accordance with the master plan and 

development guidelines (to be developed with the assistance of staff); 

b. A description of the coordination with any other applicable review procedures, e.g., 

subdivision review; 

c. A complete list of proposed or potential land uses; 

d. Sign guidelines: type(s), location, design, illumination, size and height; 

e. Perimeter buffering guidelines with specific regard to adjoining land uses; 

f. Landscaping guidelines, including a description of the landscaping theme in relation 

to the streetscape, the buildings on site, and any proposed signage open space 

treatment parking and circulation areas, display areas, and screening; 

g. Design guidelines for outdoor storage and/or display; 

h. Protective covenants which may include requirements, owners' association 

provisions, provisions for maintenance, etc.; 


i. Parking: guidelines for design, provision for shared facilities, circulation between 

lots, and coordination with sidewalk system, service areas; 

j. Dimensional requirements: building heights, setbacks (interior and perimeter), open 

space, etc.; 

k. Lighting; 

l. Architectural guidelines; 

m. Provisions for utilities, communications and refuse; 

n. Guidelines for noise, emissions, glare, hazardous materials, etc.; and 

o. Improvements schedule. 

E. Open Space Provisions for Phased PUD Developments. If a project is to be built in 

phases, each phase shall include an appropriate share of the proposed recreational, open space, 

and other site and building amenities of the entire development. The appropriate share of the 

amenities for each phase shall be determined for each specific project at the time of preliminary 

approval and shall not be based solely upon a proportional or equal share for the entire site. 

Requirements may be made for off-site improvements on a particular phased project. 

F. Final Plans for Phased PUD Developments. Final plans for a planned unit development 

may be submitted in phases. The final plan shall conform to the preliminary plan of a planned 

unit development, as approved. 

G. Duration of Phased PUD Development Guidelines Approval. Within a maximum of five 

(5) years following the approval of development guidelines for a planned unit development, 

development must commence or the development guidelines must be reviewed for renewal. Any 

subsequent approvals of a preliminary plan must conform to the development guidelines. 

54.090 Enforcement of approval requirements and conditions. 

The occurrence of either of the following events may subject the applicant to the enforcement 

remedies contained in Section 70 of this code: 

A. Failure to comply with any terms, conditions or limitations contained on the site plan, 

landscape plan, building elevations or other approved documents pertaining to a planned unit 

development which has received final approval. 

B. Failure to comply with any conditions on record imposed by the commission upon its review 

of the master or preliminary plans or any conditions imposed by staff through the review of the 

final plan for the planned unit development under the provisions of this Planned Unit 

Development Regulation, Section 54 of this title. 


54.100 Planned unit development design objectives and criteria. 

A. General. For any planned unit development proposal to be approved it must first be found, 

by the commission, after recommendation from the planning board, to be in compliance with this 

section of the Planned Unit Development Regulation. 

B. Land Use Classifications. 

1. The design objectives and criteria with which a planned unit development proposal must 

comply are dependent upon the designated land use classification of the site proposed for 

the planned unit development. 

2. Subsection E of this section contains four groups of objectives and criteria against which 

planned unit developments are reviewed. All planned unit developments are reviewed 

against the objectives and criteria designated for all development. Each individual 

planned unit development is then reviewed against the objectives and criteria established 

for the land use classification(s) of the site on which the proposal is to be located. A 

planned unit development must satisfy all the objectives and criteria of all applicable 

groups. In evaluating planned unit developments the county may determine that certain 

criteria are not applicable or are irrelevant to a particular development proposal and 

therefore do not apply to that proposal. 

C. Evaluation Process. The acceptability and performance of a planned unit development 

proposal shall be evaluated as follows: Each of the objectives and criteria for the applicable land 

use classification and for all development contained in subsection E of this section will be 

answered Yes, No or Not Applicable (N/A). A No response to any of the applicable objectives 

and criteria will automatically preclude the development proposal from further consideration and 

eventual approval, unless a variance is granted by the commission. An objective or criterion is 

considered to be applicable if it can reasonably be applied to the development proposal. The 

applicant shall clearly demonstrate how the planned unit development specifically addresses 

each applicable objective and criterion. 

D. Responsibility for Impact Mitigation. To protect the character of new and existing 

neighborhoods against intrusive and disruptive development, any negative or adverse impacts 

shall be effectively mitigated in the planned unit development plan, as per the following 

guidelines: 

1. When two adjacent parcels are developed simultaneously, the responsibility for 

mitigating conflicts is upon the more intense use. 

2. When a use is the first to develop on two adjacent vacant parcels, the first use shall 

provide the necessary buffer to any reasonable future use as determined by the county. 

3. The second use to develop shall, at the time it develops, take all additional steps 

necessary to mitigate conflicts. 

4. However, when a planned unit development includes a use or uses which are not 

otherwise permitted in the underlying zoning district, the responsibility for impact 

mitigation shall lie exclusively with the planned unit development proposal. 


E. Design Objectives and Criteria Evaluation Forms. 

1. The county will determine compatibility of a project based upon the evidence presented 

during evaluation of the community design objectives and criteria of this subsection. 

2. The following forms will be used in evaluating all planned unit development 

applications: 

a. ALL DEVELOPMENT 

Application: 

All land uses within a proposed planned unit development shall be reviewed against, and comply 

with, the applicable objectives and criteria of the mandatory "All Development" group. 

Required Criteria: Yes No NA 

Neighborhood Compatibility 

1. Is the development compatible with, and sensitive to, the immediate environment of the site 

and the adjacent neighborhoods relative to architectural design, building bulk and height, 

neighborhood identity, landscaping, historical character, orientation of buildings on the site 

and visual integration? 

2. Is the project designed so that additional traffic generation beyond what may be approved for 

permitted uses does not have a significant adverse impact on adjacent and surrounding 

development? 

3. Have the guidelines outlined in Section 51, been followed concerning identification and 

discussion of impacts related to the proposed development? 

4. Is the development in accordance with the adopted elements of the Gallatin County Plan and 

its accompanying goals, objectives and policies? 

Public Facilities, Services and Transportation 

5. Does the development comply with all design standards, requirements and specifications for 

the following services: 

Water supply Trails/walks/bike ways 

Sanitary supply Irrigation companies 

Fire protection Electricity 

Flood hazard areas Natural gas 

Telephone Storm drainage 

Cable television Streets 

6. Will the sewage generated by the development not exceed the sanitary sewer system's line 

and treatment capacity'? 

7. Will an adequate water supply exist to serve the development? 

8. Will an adequate electrical power supply exist to serve the development'? 

9. Will the transportation plan be capable of handling the development's traffic generation? 

10. Does the development provide adequate access for emergency service'? 

11. Are all vehicular use areas and exterior building areas provided with adequate security 

lighting? 


Natural Resources 

12. Have precautions been taken to minimize hazards to life or property due to irrigation canals, 

stream channels or other water bodies? 

13. Have known areas of natural or geological hazard (e.g., unstable or potentially unstable 

slopes, faulting, landslides, rockfalls, flood, and wildfire, etc.) or soil conditions unfavorable 

to urban development had special engineering precautions taken to overcome natural 

constraints or have these areas been set aside from development? 

14. Does the project preserve or replace existing natural vegetation? 

15. Have special precautions been taken to preserve existing wildlife habitats, natural wildlife 

food services, or existing places, or are these areas being preserved? 

16. If the proposed project is located within a locally designated historical district or includes a 

locally designated landmark structure, is the project in conformance with the Historic 

Preservation Regulation? 

17. If the development is proposed on existing agricultural land or open space, does it meet 

master plan objectives for clustering development? 

Environmental Standards 

18. Will the project conform to applicable local, state and federal air quality standards. 

including, but not limited to: odor; dust, fumes or gases which are noxious, toxic or 

corrosive; suspended, solid or liquid particles; or any air contaminant which may obscure an 

observer's vision or impair breathing? 

19. Will the project conform to applicable local, state and federal water quality standards, 

including, but not limited to: erosion and sedimentation: runoff control; discharge of solid 

wastes, and discharge of hazardous substances? 

20. Can the proposed land uses and activities be conducted so that noise generated shall not 

exceed the minimum performance levels as specified in the Noise Control Regulation in 

Section 50 of the zoning code? Detailed plans for the elimination of objectionable noises are 

required before the issuance of a building permit. 

21. If the proposed activity produces glare or heat, whether direct or reflected, is the operation 

conducted within an enclosed building or with other effective screening in such a manner as 

to make such glare or heat completely imperceptible from any point along the property line? 

Detailed plans for the elimination of glare or heat are required before issuance of a building 

permit. 

22. Will the project cause an inherent or recurring generated vibration perceptible without 

instruments at any point along the property fine? Temporary construction may be excluded 

from this criterion. 

23. Is the exterior lighting, except for warning, emergency or traffic signals, installed in such a 

manner that the light source is obscured to prevent excessive glare on public streets and 

walkways or into any residential area? The installation or erection of any lighting which may 

be confused with warning signals, emergency signals or traffic signals shall not be permitted. 

24. Will all sewage and industrial wastes be treated and disposed of in such a manner as to 

comply with applicable local, state and federal standards? Detailed plans for waste disposal 

are required before issuance of a building permit. 


Site Design 

25. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, 

etc.) arranged on the site so that activities are integrated with the organizational scheme of 

the community and neighborhood? 

26. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, 

etc.) designed and arranged to produce an efficient, functionally organized, and cohesive 

planned unit development? 

27. Is the design and arrangement of elements of the site plan (e.g., buildings circulation, open 

space and landscaping, etc.) in harmony with the existing natural topography; natural water 

bodies and water courses; existing vegetation; and 

28. Does the design and arrangement of elements of the site plan (e.g. building construction, 

orientation, and placement: transportation networks, selection and placement of landscape 

materials; and/or use of renewable energy sources. etc.) contribute to the overall reduction of 

energy use by the project? 

29. Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping, 

etc.) designed and arranged to maximize the privacy by the residents of the project? 

30. Does the design and arrangement of buildings and open space areas contribute to the overall 

aesthetic quality of the site configuration, and is at least thirty percent (30%) of the project, 

exclusive of yard setbacks and parking lot interior landscape developed as open space? 

31. Does the street and parking system provide for the smooth, safe and convenient movement of 

vehicles both on and off the site? 

32. Does the development satisfy the parking capacity requirements and provide adequate space 

suited to the loading and unloading of persons, materials and goods? 

33. Is the active recreational area suitably located and accessible to the residential units it is 

intended to serve and is adequate screening provided to ensure privacy and quiet for 

neighboring residential uses? 

34. Is the pedestrian circulation system designed to assure that pedestrians can move safely and 

easily both within the site and between properties and activities within the neighborhood 

area? 

35. Is the development being properly integrated into development and circulation patterns of 

adjacent and nearby neighborhoods so that this development will not become an isolated 

"pad" to adjoining development? 

36. Does the pedestrian circulation system incorporate design features to enhance convenience, 

safety and amenity across parking lots and streets, including, but not limited to, paving 

patterns, grade differences, landscaping and lighting? 

37. Does the pedestrian and bicycle trail system adequately connect to the systems in adjacent 

developments? 

38. Does the landscape plan enhance the appearance of vehicular use, open space and pedestrian 

areas which contribute to their usage and visual appearance? 

39. Does the landscaping plan enhance the building(s)? 

40. Does the landscape plan screen utility boxes, parking areas, loading areas, trash containers, 

outside storage areas, blank walls or fences and other areas of low visual interest from 

roadways, pedestrian areas and public view? 

41. If the development is adjacent to an existing or approved public park or public open space 

area, have provisions been made in the site plan to avoid interfering with public access to that 

area? 


42. Will all signs in the project be in compliance with the provisions of the sign code? 

b. RESIDENTIAL 

Application: 

Planned unit developments in residential areas (A-S, R-S, R-1, R-2, R-2-A, R-3, R-3-A, R-4, and 

R-O zoning districts) may include a variety of housing types designed to enhance the natural 

environmental, conserve energy, recognize and, to the maximum extent possible, preserve and 

promote the unique character of neighbor hoods, with provisions for a mix of limited commercial 

development. For purposes of this section, “limited commercial development” means 

professional offices and other permitted use listed in the B-1 neighborhood service district 

(Section 28), within the parameters set forth below. All uses within the PUD must be sited and 

designed such that the activities present will not detrimentally affect the adjacent residential 

neighborhood. 

Required Criteria: 

Each of the following applicable criteria must be answered “yes” and implemented within the 

development plan. 

1. On a gross acreage basis, is the average residential density in the project (calculated for 

residential portion of the site only), consistent with the development densities set forth in the 

land use guidelines of the Gallatin County Plan? 

2. Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, 

etc.) for use by the residents and employees of the project which are sufficient in size and 

have adequate light, sun, ventilation, privacy and convenient access to the household or 

commercial units they are intended to serve? 

3. Does the project provide for outdoor areas for use by persons living and working in the 

development for active or passive recreational activities? 

4. If the project is proposing a residential density bonus as described below, does it include a 

variety of housing types and styles designed to address community wide issues of 

affordability and diversity of housing stock? 

5. If the PUD is located adjacent to the city, is the project within two thousand feet of an 

existing or approved neighborhood service center, public school, day care center, major 

employment center, or public neighborhood or community park? 

6. Is the overall project designed to enhance the natural environment, conserve energy and to 

provide efficient public services and facilities? 

7. Is the project within six hundred fifty feet of an existing collector or arterial street? 

8. If the project is proposing a residential density bonus (thirty percent (30%) maximum) above 

that which is set forth below, does the proposed project exceed the established regulatory 

design standards (such as for setbacks, off-street parking, open space, etc.) and ensure 

compatibility with adjacent neighborhood development? 


ALLOWABLE RESIDENTIAL DENSITIES, WITHOUT BONUSES 

Zone Density 

A-S One dwelling per twenty acres, or maximum allowed in accordance with 

the “sliding scale” established in Section 10 

R-S One dwelling unit per acre 

R-1 Three units per acre 

R-2 Six units per acre 

R-2-A Five units per acre 

R-3 Twelve units per acre 

R-3-A Ten units per acre 

R-4/R-O Fifteen units per acre 

9. If limited commercial development as defined above is proposed within the project. is less 

than twenty percent of the gross area of the PUD designated to be used for offices or 

neighborhood service activities nor ordinarily allowed in the particular residential zoning 

district? 

10. If neighborhood service activities are proposed within the project, is a market analysis 

provided demonstrating that less than fifty percent of the market required to support 

proposed neighborhood service activities is located outside the immediate area of the PUD 

and are the neighborhood services of a nature that does not require drive-in facilities or 

justification for through traffic? 

11. If the project contains limited commercial development as defined above, is the project 

located at the intersection of arterial streets, or arterial and collector streets? 

12. If the project contains limited commercial development as defined above, has the project 

been sited and designed such that the activities present will not detrimentally affect the 

adjacent residential neighborhood and have the commercial activities been developed at a 

scale compatible with residential development? 

13. Does the overall PUD recognize and, to the maximum extent possible, preserve and promote 

the unique character of neighborhoods in the surrounding area? 

c. COMMERCIAL PUD 

Application: 

Planned unit developments in commercial areas (B-1, B-2 and B-P zoning districts) may include 

either commercial or multi-family development, however, adequate but controlled access to 

arterial streets is essential. Activities would include a broad range of retail and service 

establishments designed to serve consumer demands of the Gallatin County / Bozeman Area 

zoning district. 


Required Criteria: 

Each of the following applicable criteria must be answered "yes" and implemented within the 


1. Are all repair, painting and body wok activities, including storage of refuse and vehicular 

parts, planned to take place within an enclosed structure or completely screened from off-site 

view? 

2. Have all the necessary precautions been taken to prevent all lubrication, hazardous materials 

and fuel oil substance, which are stored on the site, from leaking or draining into the 

groundwater system, streams, creeks, or other water bodies? 

3. If the project contains any use intended to provide adult amusement or entertainment, does it 

meet the following requirements: 

Is the use established, operated or maintained no less than five hundred feet from a 

residential neighborhood, church and/or a school meeting all the requirements of the 

compulsory education laws of the state of Montana? 

Is the use established, operated or maintained on less than five hundred feet (500’) from 

another similar use? 

4. Is the project contiguous to an arterial street, and has adequate but controlled access been 

provided? 

5. Is the project on at least two acres of land? 

6. If the project contains two or more significant uses (for instance, retail, office, residential, 

hotel/motel and recreation), do the uses relate to each other in terms of location within the 

PUD, pedestrian and vehicular circulation. architectural design, utilization of common open 

space and facilities, etc.? 

7. If the project is a single-use PUD development, is it compatible with existing land use 

patterns'? Is it compatible with and does it reflect the unique character of the surrounding! 

area? 

8. Is there direct vehicular and pedestrian access between on-site parking areas and adjacent 

existing or future off-site parking areas which contain more than ten spaces? 

9. Does the project encourage infill, with at least one-quarter of its property boundary 

contiguous to existing development, or does the project otherwise demonstrate compliance 

with the land use guidelines of the Gallatin County Plan? 

10. If the project includes residential development, or is adjacent to existing or future residential 

development, have exceptional or unique design methods been incorporated to mitigate the 

impacts of conflicting land uses (e.g., landscape and architectural design, extensive open 

space, recreation center(s), maximum traffic efficiency, screening of parking areas? 

11. Does the project provide for outdoor recreational areas (such as additional landscaped areas, 

open spaces, trails, or picnic areas) for the use and enjoyment of those living in, working in, 

or visiting the development? 


d. INDUSTRIAL PUD 

Application: 

Planned unit industrial developments in industrial areas (M-1 and M-2 zoning districts) may 

include employment, wholesaling, manufacturing and utility centers for the community; the 

particular types of uses will be determined based upon its potential impact upon adjacent land 

uses and the intensity of development. 

Each of the following applicable criteria must be answered "Yes" and implemented within the 


1. Have all the necessary precautions been taken to prevent all lubricants, hazardous materials 

and fuel oil substances, which are stored on the site, from leaking or draining into the 

groundwater system, streams, creeks, or other water bodies? 

2. Are all repair, painting and body work activities, including the storage of refuse and 

vehicular parts planned to take place within an enclosed structure or completely screened 

from off-site view? 

3. Is the project located adjacent to an arterial or collector street that provides adequate access 

to the site? 

4. Is the project developed such that the least intense uses shall be located along the arterial 

streets, where visibility to the public is likely; more intense uses such as heavy industrial uses 

and warehousing activities will be located away from the arterial streets, buffered by the 

other uses? 

5. Does the project utilize a landscaping theme that will tie adjacent uses or projects together? 

6. Is the project being developed on land substantially surrounded by developed property with 

existing services and utilities already available? 

7. Does the project provide for outdoor recreational areas (e.g., additional landscaped areas, 

open space, trails, picnic areas) for the use and enjoyment of those working in or visiting the 

development? 


54.110 North 19th Avenue/West Oak Street Entryway Corridors. 

A. Intent and Purpose. It is the intent and purpose of this section to establish the planned unit 

development (PUD) review procedures as a method to guide future growth and development 

within the area of the North 19th Avenue/West Oak Street Corridor Master Plan. It is further 

intended to ensure that future growth and development will occur in accord with the goals and 

objectives of the North 19th Avenue/West Oak Street Corridor Master Plan as a sub-area plan to 

the 1990 Bozeman area master plan update neighborhood plan revision to the Gallatin County 

Plan. 

B. Application. Planned unit development provisions shall apply to all non-residential 

development proposals located in the North 19th Avenue and West Oak Street entryway corridor 

areas as designated in the plan and on the official zoning map as follows: 

1. North 19th Avenue. (Class I and Class II Corridor) All non-residential development within 

the North 19th Avenue entryway corridor between Durston Road and the North 19th 

Avenue-Interstate 90 Interchange, measured six hundred sixty feet (660’) from the 

centerline of North 19th Avenue, exclusive of the following: 

a. Between Durston Road and the south boundary of Covered Wagon Mobile Home 

Court, a Class II entryway corridor overlay classification shall be applied to the east 

side of North 19th Avenue, measured three hundred thirty feet (330’) from the 

centerline of North 19th Avenue. 

2. West Oak Street. (Class I and Class II Corridor) All non-residential development within 

the West Oak Street entryway corridor between North 7th Avenue and Rose Park shall be 

applied within such corridor as follows: 

a. Between North 7th Avenue and North 19th Avenue, measured six hundred and sixty 

feet (660’) from the centerline of West Oak Street; 

b. Between North 19th Avenue and the east boundary of Rose Park, measured three 

hundred thirty feet (330’) from the centerline of West Oak Street. 

C. PUD Review Procedures. Approval of a development proposal located in the North 19th 

Avenue or West Oak Street entryway corridor shall be subject to the planned unit development 

review procedures and shall consist of the three procedural steps as required by section 54.050.A 

— Concept Plan Review, Preliminary Plan Review and Final Plan Review. 

1. Coordinated Review. In order to expedite and streamline the review procedures for 

development proposals in the North 19th Avenue and West Oak Street entryway corridor 

overlay districts the planned unit development review procedures may, at the developer's 

discretion, be submitted to the planning office simultaneously with the appropriate 

application procedures for subdivision review. However, the preliminary subdivision plat 

review procedures may not be processed without the developer first submitting, or 

simultaneously submitting, an application for planned unit development preliminary plan 

review. 

D. PUD Plan Submittal Requirements. Applications for PUD review for each stage of the 

review process shall be submitted to the planning office and shall include the information and data 

described in 54.060 of this Section. 


1. Development Master Plan. In addition to the information and data required for preliminary 

plan review, the applicant shall submit along with the application for preliminary plan review a 

development master plan of said property to consist of the following: 

a. Existing and proposed conditions for the entire PUD as required by subsection B of 

section 54.060; 

b. Proposed conditions pertaining to such elements as building location, open spaces, 

vehicular circulation, pedestrian and bicycle circulation, boundary of development 

phases, stream corridors, environmentally sensitive lands, and proposed land uses in as 

much detail as is required by the findings of the concept plan review as outlined in this 

section; 

c. Proposed conditions as it relates to adjacent properties or of common ownership not 

located in the prescribed entryway corridor of this section; and 

d. A legal instrument containing the creation of a property owner's association setting 

forth a plan containing, but not limited to; declaration of establishment, governing 

body, permanent care and maintenance of open spaces, recreational areas, pathways 

and trailways, commonly owned facilities, landscape maintenance and upkeep, private 

streets, power to levy assessments and developmental guidelines. 

E. Developmental Guidelines Submittal Requirements. Applications for PUD review in 

accord with this section shall submit developmental guidelines to the planning office as part of the 

preliminary plan application as required by section 54.080.D.2 of this Section, and shall in addition 

include the following: 

1. Architectural Guidelines: building orientation, off-street parking lot orientation, sign 

guidelines, lighting, dimensional guidelines, mechanical equipment screening; 

2. Landscape Guidelines: entryway corridor landscape guidelines, streetscape, off-street 

parking lot screening, outdoor storage/display areas, perimeter buffering from other land 

uses, arterial noise buffering, development entrance, protective covenants; 

3. Pedestrian Circulation: between off-street parking lots, between adjacent lots, coordinated 

sidewalk system, bicycle circulation, trails/pathways. 

F. Open Space Provisions. Sufficient open space along the entryway corridors is necessary to 

provide the urban streetscape and park-like setting envisioned by the community that is essential to 

the basic quality of life in the area, and to create attractive entryways: 

1. General Standard. Development in the North 19th Avenue and West Oak Street entryway 

corridors shall generally provide at least thirty percent (30%) of the project as developed 

open space, exclusive of required off-street parking lot interior landscape. Public streets 

located in dedicated public rights-of-way shall be excluded from the gross area of land in 

calculating open space requirements. However, private streets, driveways, off-street 

parking lots and other private areas shall apply in determining the total gross area. Open 

space in the yard setbacks for each zone may contribute to the thirty percent (30%) open 

space provision. Property located outside, but adjacent to the entryway corridor overlay, 

which provide linked common open space areas, and contributes to the intent and purpose 

of this section may be applied towards the open space provisions based on the merits of the 

proposal and its ability to accomplish the goals and objectives of the plan. 

2. Reduction in Open Space. Reduction in the thirty percent (30%) open space provision to 

not less than twenty-five percent (25%) of the development may be granted by the 


commission after considering the recommendation forwarded by the planning board. The 

planning board shall solicit comments and recommendations from the staff and other 

appropriate sources of professional expertise, which will also be forwarded to the 

commission. The criteria for granting a reduction in open space shall be based on the 

proposal's ability to achieve the goals and objectives of the plan based on superior design 

and planning techniques exceeding the regulatory standards set forth in this section. The 

criteria for granting reduction in the open space provision may include, but are not limited 

to: 

a. Exceptional architectural and landscape developmental guidelines; 

b. Designation (i.e. public dedication or easement) for use by the general public of 

pedestrian pathways and/or trailways within the development which are located along 

entryway corridors, stream corridors or within the interior of the development, 

exclusive of sidewalks located in the public right-of-way; 

c. Public plazas, courtyards, promenades or other usable public areas; 

d. Front yard setbacks along entryway arterial streets that exceed the minimum fifty foot 

(50’) setback; 

e. Additional landscaping installed within the entryway corridors beyond what is required 

by this section; 

f. Larger landscaping installed within the fifty foot (50’) wide setback along entryway 

corridors; 

g. Landscaped areas exceeding minimum yard setbacks situated at main entrances into the 

development; 

h. Installation and maintenance of streetscape furniture along greenway corridors; 

i. Additional setback and buffering between building sites and areas designated as 

environmentally sensitive lands; 

j. Changes in texture and use of materials at intersections of pedestrian and vehicular 

circulation; 

k. Exchange of land within the development for additional land transferred to Rose Park; 

and 

l. Preservation of viewsheds (i.e. one-story buildings along entryway corridor or limited 

building height). 

3. Common Open Space. At least fifty percent (50%) of the required open space, but no less 

than fifteen percent (15%) of the entire development, shall be in common ownership of the 

property owner's association or in the form of common open space easements granted to 

the property owner's association. Landscaping shall be required for all areas of the 

development which are to be in common ownership or designated as "common open space 

easements" located on individual lots or parcels of land, and in particular shall incorporate 

the required landscape for implementation of the greenway corridors. 

G. Greenway Corridor Landscape Standards. Development of greenways along the entryway 

corridors have been established in order to demonstrate the importance of urban open space and to 

visually enhance aesthetically pleasing, high-quality development along the arterial corridors of 

North 19th Avenue and West Oak Street. 

1. General Standards. The following landscape guidelines have been designed to develop a 

formal streetscape in concert with a park-like setting along the greenway corridors as an 

integral element in developing attractive entryways. 


a. Formal Streetscape. Street frontage landscape located in the street right-of-way 

boulevard will be characterized by a formal arrangement of large canopy boulevard 

trees as follows: 

i. One large canopy boulevard tree, a minimum of eight feet (8’) in height or 1½" 

caliper and planted at regular intervals of fifty feet (50’) on center. 

(A) Acceptable large canopy boulevard trees include the following species: Ash, 

Patmore Green (Fraxinus pennsylvanica); Honeylocust, Seedless (Gleditsia 

triacanthos); Ash, Black (Fraxinus nigra); and Maple, Norway (Acer 

Platanoides). 

b. Greenway Park. Greenway corridors located in the 50-foot setback will be 

characterized by informal vegetative planting of trees, shrubs, berms and groundcover 

for every one hundred (100) feet of frontage along the entryway corridors as listed 

below. Acceptable tree species for greenway corridors shall consist of the landscape 

types listed in the Tree Selection Guide prepared by the Bozeman Tree Advisory 

Board, and made available in the planning office. 

i. A total of four (4) evergreen and deciduous trees at random or in cluster 

arrangements, with no more than fifty (50%) percent being deciduous, a minimum 

of 8-10 feet in height, or 1½" caliper; 

ii. A total of two (2) small ornamental trees at random locations, a minimum of 8 feet 

in height, or 1 to 1½" caliper; 

iii. A total of six (6) deciduous and/or coniferous large shrubs, of which three (3) shall 

be flowering shrubs, at random locations and a minimum of 8½ feet in height at 

maturity, 2-3 feet installation size; 

iv. As an alternative to item 3 above, earth berms, an average of 3½ feet in height, 

planted with shrubs or living ground cover so that the ground will be covered 

within three years; and 

v. All other areas not landscaped with trees, shrubs or ground cover shall be planted 

with a drought resistant "native grass" mix consisting of: 17½% sheep Fescue; 

17½% Revenue Slender Wheatgrass; 35% Secar Bluebunch Wheatgrass and 30% 

Critana Thickspike Wheatgrass. Alternatives to this mix may be considered where 

it can be demonstrated that the same objectives are achieved with an alternative 

drought resistant grass seed mix. 

vi. Areas designated for detention and/or retention ponds for stormwater runoff from 

development on building sites shall not be permitted in the 50-foot greenway 

corridor(s), unless all of the following standards have been satisfied: 

(A) Not more than one-third (1/3) of the greenway corridor setback along the 

frontage of each individual lot is used for the purposes of retention/detention 

ponds; 

(B) Location of retention/detention ponds do not conflict with, or are justification 

to alter, design guidelines and location of greenway corridor landscape, 

pathways, streetscape furniture or lighting fixtures; 

(C) Retention/detention ponds demonstrate superior design and treatment of storm 

water runoff, as well as excellence in integration with greenway corridor 

landscape, and do not exceed a maximum slope of 1:3; and 

(D) Groundcover for retention/ detention ponds shall consist of "native grass" 

seed mix as specified above in item 5, similar turf grass, or a groundcover 


certified by a licensed nurseryperson. Not more than thirty percent (30%) of 

the area shall consist of non-organic groundcover if used as a decorative 

landscape feature. 

c. Clustering landscape. Major entryway locations into development along North 19th 

Avenue and West Oak Street shall contain the following clustered landscaping 

treatment: 

i. For every 100 feet of corridor frontage (or portion thereof), a minimum of ten (10) 

large and small trees, two (2) small ornamental trees, six (6) large shrubs, six (6) 

large flowering shrubs, twenty (20) small shrubs and twenty (20) small flowering 

shrubs. 

2. Landscape Maintenance and Irrigation. 

a. Installation. Installation of on-site landscape improvements, to include greenway 

corridor(s), shall be the responsibility of the land owner of each individual lot at the 

time of development of said property. Development of areas designated as common 

open space for the development shall be the responsibility of the P.U.D. developer at 

the time of subdivision and planned unit development review and approval; 

b. Maintenance. Maintenance of boulevard streetscape, greenway corridors and common 

open space areas shall be the responsibility of the property owner's association and 

shall comply with the provisions set forth in Section 54.060.C.4.d. of this zone code, 

whereby all required landscape must be maintained in a healthy growing condition at 

all times, and that any plant that dies must be replaced with another living plant that 

complies with the approved landscape plan. Maintenance shall consist of mowing, 

removal of litter and dead plant materials, necessary pruning and irrigation. Where 

pedestrian or bicycle pathways are located within the greenway corridor, these trails 

shall be maintained to provide for their safe use, including pruning of plants to remove 

obstructions, and removal of dead plant materials, litter, or other hazards; 

c. Landscape Irrigation. Landscape irrigation shall be supplied by the owner of each 

building site by a shallow well pump, municipal water system or other acceptable 

irrigation system. Irrigation shall be piped to each individual planting area by an 

automatic sprinkler system or other acceptable irrigation system designed to irrigate all 

landscape features and areas, and shall include a "bubble" irrigation system for all trees 

and large shrubs. Alternatives to an automatic sprinkler system shall be designed and 

certified by a licensed landscape irrigation professional. 

H. Pedestrian and Bicycle Trailways. Pedestrian and bicycle trails designated in the plan shall 

be implemented during planned unit development and subdivision review of development 

proposals located in the sub-area plan of this section. Prior to receiving final subdivision and 

planned unit development approval, the developer must either install the full trail improvements or 

provide payment into a North 19th Avenue/West Oak Street Corridor Trails Trust Fund. Should 

the community choose to construct trailways for use by the general public prior to development of 

said property, the land owner may execute the necessary pedestrian and bicycle trailway easement 

for installation and maintenance of said trail(s). Pedestrian and bicycle trailways shall be designed 

and installed in conformance with the following: 

1. Greenway Corridor. A curvilinear asphaltic surface, a minimum width of eight (8) feet 

wide, installed on a compacted, six (6) inch deep, ¾-inch gravel road mix, on sterilized 

ground with weed preventive fabric; 


2. Stream Corridors. A gravel surface, a minimum width of six (6) feet wide, consisting of 

compacted, six (6) inch deep, ¾-inch gravel road mix, over a treated area with a weed 

preventive fabric, or an alternative trail standard subject to review and approval. 

I. Orientation of Structures. Commercial lots located in the North 19th Avenue and West Oak 

Street entryway corridors shall be designed in a manner to eliminate negative visual impacts 

resulting from the orientation of accessory activities and functions common to the rear of structures 

(loading and unloading areas, ground mounted mechanical equipment, storage refuse areas or 

outside storage areas). The rear of structures, or the activities and functions common to the rear of 

the structure, shall not be orientated towards the arterial streets, pedestrian or bicycle trails or 

common open space without proper architectural design, screening or landscape buffering. 

J. Orientation of Off-Street Parking Areas. Commercial lots located in the North 19th Avenue 

and West Oak Street entryway corridors shall be designed in a manner that diminishes the visual 

impact of expansive off-street parking areas separating buildings from the street, by including 

parking areas that are beside and behind, not just in front of buildings. This would encourage the 

placement of buildings closer to streets and expanses of parking to be broken up. 

K. Planned Unit Development Design Objectives and Criteria. Approval of a development 

proposal must first be found, by the commission, after recommendation from the planning board, 

to be in compliance with criteria set forth in section 54.100, exclusive of criteria number thirty (30) 

- open space areas in the all development criteria matrix. 


Section 55 

TEXT AMENDMENT AND REZONING CHANGES 

Sections: 

55.010 Initiation of amendments and changes. 

55.020 Amendments and rezonings; Investigation requirements. 

55.030 Public hearing procedures and requirements. 

55.010 Initiation of amendments and changes. 

A. The commission may, from time to time, amend, supplement or change this title and the 

regulation or maps appertaining thereto. An amendment, supplement or change may be initiated 

by the commission, the planning board or upon petition from an owner of property within the 

zoning jurisdiction. 

B. Whenever the property owner of any land or building desires a reclassification on his 

property or change in regulations applicable thereto, he may file with the planning department on 

forms provided for this purpose, a petition duly signed and verified by him requesting an 

amendment or change of regulations prescribed for such property. 

55.020 Amendments and rezonings; Investigation requirements. 

Upon initiation of an amendment by the commission or the planning board, or upon petition from 

a property owner, the planning board shall cause to be made an investigation of facts bearing on 

such initiation or petition as will provide necessary information to assure that the action of each 

such petition is consistent with the intent and purpose of this title, including but not limited to a 

finding that the application complies with the Gallatin County Plan. 

55.030 Public hearing procedures and requirements. 

A. The planning board shall hold public hearings on the matters referred to in such initiation or 

petition at which parties in interest and citizens shall have an opportunity to be heard. 

B. The planning director shall give public notice of all public hearings to be held before either 

the planning board or the commission. The notice shall be published at least once in a 

newspaper published and having general circulation in the zoning jurisdiction, not more than 

forty-five (45) days nor less than fifteen (15) days prior to the public hearings. 

C. The notice shall specify the number, date, time and place of all scheduled public hearings. It 

shall state the name and address of the applicant, the name and address of the owner of record of 

the property, and a legal description of the property affected, the street address or its location by 

approximate distances from the nearest major street or road intersections so that the property can 

be easily identified, and a brief statement of the nature of the hearing. 


D. In the case of a text amendment the notice shall explain the intent of the change, with 

reference to the precise text amendment language being available for public review. 


E. In addition to such publication, notice of public hearing shall be posted not more than fortyfive 

(45) days nor less than fifteen (15) days prior to the public hearings, on the site in question 

as well as on one or more additional locations, visible to the general public, within the affected 

area. 


F. Such notice shall be sent by mail, not more than forty-five (45) days nor less than fifteen (15) 

days, to the applicant and owners of record, or their legal representative, of the subject property 

as well as to the owners of record of all adjacent parcels. Adjacent shall include all parcels 

across public roads, streets, alleys, watercourses and other public ways, and shall include 

Montana Department of Transportation if adjacent to a state highway. However, where 

amendment and changes apply to the entire zoning jurisdiction, mailing of notice of public 

hearings shall not apply. 


G. Subsection reserved. 

H. If for some reason a required property owner fails to receive mail notification of a scheduled 

public hearing, or if one or more of the required posted signs in the area or on the site for which 

the public hearing is being held, is inadvertently moved through no fault of the county, this in no 

way shall invalidate the legal notice requirements of the scheduled public hearing. 

I. Notice may also be provided to property owners in any additional area that may be 

substantially impacted by the proposed change or use as determined by the planning director. 

J. After such hearing or hearings, the planning board will make reports and recommendations on 

the petition or initiation to the commission. 

K. Subsection deleted. 



Section 56 

VARIANCE AND ADMINISTRATIVE 

INTERPRETATION APPEAL PROCEDURES 

Sections: 

56.010 Board of adjustment membership and term of office. 

56.020 Organization, officers and location. 

56.030 Powers and duties designated - Vote. 

56.040 Appeals and variances - Application and investigation. 

56.050 Interpretations and variances - Hearing and notice requirements. 

56.060 Variances - Criteria for consideration. 

56.070 Variances - Conditions of approval. 

56.080 Appeals from board of adjustment or commission determinations. 

56.090 Effective time for board or commission decisions - Variances void when. 

56.010 Board of adjustment membership and term of office. 

The Board of Adjustment is established to act on certain variance applications as detailed in this title 

and on appeals where it is alleged there is error in any order, requirement, decision or determination 

made by administrative officers of this title. The board, as it shall be referred to for purposes of this 

section, only, shall consist of at least five members, appointed by the commission for two-year 

terms (with staggered terms). All members shall reside within the zoning jurisdiction. 

56.020 Organization, officers and location. 

A. At the first meeting of each year, the board shall appoint one of its members to serve as 

chairman and one member to serve as vice-chairman. 

B. The staff of the planning department shall be at the disposal of the board to receive and 

process applications of appeal and to give advice to the board. 

C. The board's office shall be that of the planning director and all files of the board shall be held 

therein. 

56.030 Powers and duties designated - Vote. 

A. The board shall set its operating rules in accordance with MCA section 76-2-201 et seq., and 

shall have the following powers, except that in no event shall the board have the power to decide 

plan appeals provided for under Section 58, and further provided that the commission reserves to 

itself and its advisory agencies, the power to make any other exceptions, variations or deviations 

to regulations, ordinances or land use plans adopted pursuant to statute: 

1. To hear and decide appeals where it is alleged there is error in any order, requirement, 

decision or determination made by an administrative official in the enforcement of this 

title or of any title adopted pursuant thereto. Appeals will be granted upon finding that 


such order, requirement, decision or determination made by an administrative official is 

erroneous and contrary to this title or of any regulation adopted pursuant thereto; 

2. To authorize, in specific cases, such variance from the terms of this title as will not be 

contrary to the public interest, where owing to special conditions, a literal enforcement of 

the provisions will result in unnecessary hardship, and so that the spirit of this title shall 

be observed and substantial justice done. 

B. The board may, after public notice and hearing, deny, approve or conditionally approve all 

requests for variances due to hardship, including: 

1. Requests to modify dimensional requirements of this title; and 

2. Requests for multiple variances to modify dimensional requirements of this title. 


C. The commission reserves the right to, after public notice and hearing, deny, approve or 

conditionally approve the following variances: 


1. Requests for variances in conjunction with conditional use permits shall be reviewed in 

accordance with the CUP process. Approvals of all such variances shall be conditioned 

upon commission approval of the conditional use permit. 


2. Special exceptions to deviate within the Entryway Corridor Overlay District. 


D. In no case may the board or the commission grant variances to allow uses not already permitted 

pursuant to this title. 

E. The concurring vote of four members of the board shall be necessary to reverse any order, 

requirements, decisions or determination of any administrative official. A reversal of the planning 

director's classification of a particular use shall be submitted to the commission for determination 

under the provisions of section 6.060. 

F. The concurring vote of three (3) members of the board shall be necessary to grant any variance 

of this title. 


G. The concurring vote of three (3) members of the commission shall be necessary to grant 

requested deviations to this title. 

56.040 Appeals and variances - Application and investigation. 

A. Application for Variance or Interpretation Appeals. A request for variance proposed 

shall be made by filing at least twenty days prior to the board or commission meeting an 

application with appropriate fees with the planning director; such application shall be 

accompanied by a development plan showing such information as the planning director may 

reasonably require for purposes of this title. The plans shall contain sufficient information for 

the board or commission to make a proper decision on the matter. The request shall state the 


exceptional conditions and the peculiar and practical difficulties claimed as a basis for a 

variance. In all cases, the application shall include, and shall not be deemed filed until, all of the 

following is submitted: 

1. Name and address of the applicant; 

2. The legal description of the property involved in the request for variance, including the 

street address, if any, of the property; 

3. The names and addresses of the owners of the property and any other persons having a 

legal interest therein; 

4. List of names and addresses of adjacent property owners, using last declared county real 

estate tax records (adjacent shall include all parcels across public roads, streets, alleys, 

watercourses, and other public ways, and shall include the Montana Department of 

Transportation if adjacent to a state highway); 


5. Stamped, unsealed envelopes addressed with names of above property owners; 

6. A site plan drawn to scale showing the property dimensions, grading, landscaping and 

location of utilities, as applicable; 

7. Location of all existing and proposed buildings; 

8. Drive accesses, driveways, access roads, parking spaces, off-street loading areas, and 

sidewalks as applicable; 

9. The variance requested and the reasons for the request; 

10. Justification, in writing of subsections A, B and C of section 56.060; 

11. Evidence satisfactory to the board of adjustment or commission of the ability and 

intention of the applicant to proceed with actual construction work in accordance with 

said plans within six (6) months after issuance of permit; 

12. Required filing fee; and 

13. In the case of an administrative interpretation appeal evidence to prove that the decision 

or action of the official was incorrect or in violation of the terms of this title. 

B. Investigation of Facts. The board or commission shall cause to be made such investigation 

of facts bearing on the application as will provide necessary information to assure that the action 

on each such application is consistent with the intent and purpose of this title. During time of 

appeal all construction shall cease and shall not commence until approved by the board of 

adjustment or commission. 

56.050 Interpretations and variances - Hearing and notice requirements. 

A. There shall be a hearing for each application of an interpretation appeal or variance. The 

hearing shall be held at an appointed time and place. Testimony shall be taken by the board or 

commission from persons interested in the application, and from the planning staff. 

B. The planning director shall give public notice of all public hearings to be held before the 

board of adjustment or commission. The notice shall be published at least once in a newspaper 

published and having general circulation in the county, not more than thirty (30) days nor less 

than ten (10) days prior to the public hearings. 


C. The notice shall specify the number, date, time and place of all scheduled public hearings. It 

shall state the name and address of the applicant, the name and address of the owner of the 

property, and a legal description of the property affected, the street address, or its location by 

approximate distances from the nearest major street or road intersection so that the property can 

be easily identified, and a brief statement of the nature of the hearing ' 

D. Subsection deleted. 


E. In addition to such publication, the notice of public hearing shall be posted not more than 

thirty (30) days nor less then ten (10) days prior to the public hearings, on the site in question as 

well as on one or more additional locations, visible to the general public, within the affected area 

as deemed appropriate by the planning director. 


F. Subsection deleted. 


G. Such notice shall be sent by mail not more than thirty (30) days nor less than ten (10) days 

prior to the public hearings, to the applicant and owners of record (or their legal representative) 

of the subject property as well as to the owners of record of all parcels adjacent to the subject 

property. Adjacent shall include all parcels across public roads, streets, alleys, watercourses and 

other public ways, and shall include Montana Department of Transportation if adjacent to a state 

highway. 


H. If for some reason, a required property owner fails to receive mailed notification of a 

scheduled public hearing, or if one or more of the required posted signs in the area or on the site 

for which the public hearing is being held, is inadvertently removed through no fault of the 

county, this in no way shall invalidate the legal notice requirement of the scheduled public 

hearing. 

I. Notice may also be provided to property owners in any additional area that may be 

substantially impacted by the proposed variance as determined by the planning director. 

56.060 Variances - Criteria for consideration. 

In approving an application for a variance, the board or commission shall designate such lawful 

conditions as will secure substantial protection for the public health, safety and general welfare, 

and shall find as follows: 

A. That the variance will not be contrary to the public interest; 

B. That a literal enforcement of this title will result in unnecessary hardship owing to conditions 

unique to the property; 

C. The spirit of this title will be observed and substantial justice done. 


56.070 Variances - Conditions of approval. 

Any approval under this section shall be subject to the terms of the conditions designated in 

connection therein. 

56.080 Appeals from board of adjustment or commission determinations. 

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment 

or commission under this section, or any taxpayer, or any officer, department, board or bureau of 

the municipality, may present to a court of record a petition, duly verified, setting forth that such 

decision is illegal in whole or in part specifying the grounds of illegality. Such petition shall be 

presented to the court within thirty days after the filing of the decision in the office of the board 

or commission. 

56.090 Effective time for board or commission decisions-Variances void when. 

The decision of the board of adjustment or commission shall be final except as provided in 

section 56.080 and if a building permit is not obtained for the subject property within six (6) 

months from the date of the board or commission's decision, the variance shall be automatically 

canceled and become null and void. 




Sections: 


57.030 Review Procedures. 

57.040 Standards. 

Chapter 57 

TELECOMMUNICATIONS 


A. The zoning jurisdiction has the authority to regulate the placement, construction, and 

modification of wireless telecommunications service facilities; and 

B. The commission finds that: 

1. It is necessary to determine the appropriate location for placement of towers and antennas 

to serve local residents and businesses; and 

2. The zoning jurisdiction desires to promote co-location and use of alternative tower 

structures to minimize the need to construct new towers; and 

3. Consistent with applicable law, the zoning jurisdiction desires to minimize the adverse 

visual impacts of towers and antennas through careful siting, design, landscape screening, 

and innovative camouflaging screening; and 

4. The zoning jurisdiction seeks to ensure against potential health and safety hazards to 

citizens and prevent damage to adjacent properties; and 

5. The zoning jurisdiction intends to exercise, to the fullest extent permitted by applicable 

law, its authority with respect to the regulation of the placement, construction, and 

modification of wireless telecommunications service facilities. 

57.030 Review Procedures. 

A. Purpose. The purpose of this section is to describe the standards and conditions under which 

certain uses may be permitted as principal or conditional uses in specific districts. 

B. General Application. All uses listed in this section shall be subject to the specific standards 

described for each use, in addition to all other applicable standards which may apply, and limited 

to those districts specified. The provisions of this section apply to Large Scale Broadcast Facilities 

and Small Scale Broadcast Facilities as defined in Section 4. The provisions of this section do not 

apply to facilities which meet the definition of Essential Services (Type I) as defined in section 

4.640, nor to private antennae which are limited to reception only. 

C. The following review procedures shall be utilized in the review of Large Scale Broadcast 

Facilities. 

1. A Large Scale Broadcast Facility shall be considered as a principal use in the M-1, M-2, 

and PLI districts, provided the facility meets all applicable standards, and shall be reviewed 

under the terms of Section 52 and this section. A Large Scale Broadcast Facility which 

establishes a second principal use on a proposed site will require a major site plan. A Large 


Scale Broadcast Facility proposed to be mounted on an existing structure may be reviewed, 

at the discretion of the planning director, as a minor site plan. A Large Scale Broadcast 

Facility proposed to be located on an existing structure which was previously reviewed for 

Large Scale Broadcast Facility use, where such proposed facility is in accordance with the 

original project approval, may be required to submit only a Sketch Plan, as described in 

Section 52. 

2. A Large Scale Broadcast Facility shall be considered as a Conditional Use in the BP, B-1, 

and B-2 districts and subject to Conditional Use Permit review as described in Section 53. 

The commission, in approving such a conditional use permit, shall find that the service 

provided by the proposed facility cannot be adequately received from other properly zoned 

locations. A Large Scale Broadcast Facility may not exceed the established maximum 

building height in the BP, B-1, or B-2 districts. A Large Scale Broadcast Facility shall not 

be permitted in the AS, RS, R-1, R-2, R-2a, R-3, R-3a, R-4, R-O, and R-MH districts, 

except as part of a Planned Unit Development reviewed under Section 54, and only upon a 

demonstration that the service provided by the proposed facility cannot be adequately 

received from other properly zoned locations. 

3. A Large Scale Broadcast Facility proposed to be located in the Entryway Overlay districts 

shall require additional information. 


D. The following review procedures shall be utilized in the review of Small Scale Broadcast 

Facilities. 

1. A Small Scale Broadcast Facility shall be considered as a principal use in the M-1, M-2, 

and PLI districts, provided the facility meets all applicable standards, and shall be reviewed 

as a minor site plan under the terms of Section 52 and this section. A Small Scale 

Broadcast Facility proposed to be located on an existing structure which was previously 

reviewed for either Large or Small Scale Broadcast Facility use, where such proposed 

facility is in accordance with the original project approval, may be required to submit only 

a Sketch Plan, as described in Section 52. 

2. A Small Scale Broadcast Facility shall be considered as a principal use in the B-1, B-2, and 

BP districts, provided the proposed installation meets the definition of Stealth installation in 

subsection 57.020.B, and provided further, that the facility does not exceed the established 

maximum building height for the district proposed for such use. A Small Scale Broadcast 

Facility shall be reviewed as a minor site plan under the terms of Sections 52 and this 

section. A Small Scale Broadcast Facility proposed to be located on an existing structure 

which was previously reviewed for either Large or Small Scale Broadcast Facility use, 

where such proposed facility is in accordance with the original project approval, may be 

required to submit only a Sketch Plan, as described in Section 52. A Small Scale Broadcast 

Facility proposed to exceed the established maximum building height may be permitted 

upon a determination that the service provided by the proposed facility cannot be 

adequately received from other properly zoned locations. 

3. A Small Scale Broadcast Facility shall be considered as a conditional use in the AS, RS, R- 

1, R-2, R-2a, R-3, R-3a, R-4, R-O, and R-MH districts and subject to Conditional Use 

Permit review as described in Section 53. All Small Scale Broadcast Facilities in these 

districts must be Stealth installations, as defined in subsection 57.020.B, and may not 

exceed the established maximum building height for the district proposed for such use. 

The commission, in approving such a conditional use permit, shall find that the service 


provided by the proposed facility cannot be adequately received from other properly zoned 

locations. 

4. A Small Scale Broadcast Facility proposed to be located in the Entryway Overlay districts 

shall require additional information. 


5. A broadcast facility of less than 500 watts effective radiated power proposed for the sole 

and exclusive, on-site use of a business, which business has otherwise been approved under 

Section 52, 53, or 54, and found to be in compliance with the maximum building height 

limitations of the zoning district, with all setback and other zoning requirements, and which 

has four or less square feet of total antenna surface area, may be permitted as an accessory 

use in any non-residential district. 

E. Submittal requirements for Large Scale and Small Scale Broadcast Facilities. The 

following information and data shall be submitted for broadcast facility plan review. 

1. Site and landscape plans drawn to scale. 

2. A report including a description of the tower with technical reasons for its design. 

3. Documentation establishing the structural integrity for the tower’s proposed used. 

4. The general capacity of the tower, and information necessary to assure that ANSI standards 

are met. 

5. A statement of intent on whether excess space will be leased. 

6. Proof of ownership of the proposed site or authorization to utilize it. 

7. Copies of any easements necessary. 

8. An analysis of the area containing existing topographical contours; and 

9. A visual study depicting "where within a three (3) mile radius any portion of the proposed 

tower could be seen." 

57.040 Standards. 

A. Safety. The following information shall be provided with all applications to establish or 

modify a Small Scale Broadcast Facility or Large Scale Broadcast Facility. 

1. A statement of whether the proposed facility is exempt or non-exempt from environmental 

review under the Rules of the FCC. If the facility is claimed to be exempt, a detailed and 

specific citation to the Rules of the FCC indicating the section which details the relevant 

exemption provisions shall be included. If the facility is not exempt from environmental 

review a copy of the environmental review and the approval from the FCC for the site shall 

be provided to Gallatin County and to the City of Bozeman prior to the issuance of a 

building permit. 

2. If the facility is claimed to be exempt from environmental review a statement shall be 

provided, under oath and notarized, that the proposed or existing facility does or will 

comply with FCC radio frequency emission guidelines for both general population/ 

uncontrolled exposures and occupational/controlled exposures as defined in the FCC rules. 

The provision of false information shall result in the immediate revocation of permits or 

approvals granted upon the basis of the false information and the cessation of operation of 

the offending facilities. 


3. A building permit shall be obtained prior to the installation of any telecommunications 

facility. The structural design for all antenna support structures 10 feet or greater in height 

or which have attached more than four square feet of total antenna area shall be certified by 

a professional structural engineer licensed to practice in the State of Montana. 

4. All Small Scale Broadcast Facility and Large Scale Broadcast Facility shall meet or exceed 

current standards and regulations of the FCC, FAA, and any other agency with the 

authority to regulate towers and antennas. If such standards are changed the owner shall 

modify the installation to comply with the new standards within 6 months of the effective 

date of the new standards or regulations unless a different implementation schedule is 

required by the issuing agency. 

5. Towers with a base located at grade shall be enclosed within a secure fence not less than 

six feet in height or the tower itself shall be equipped with an appropriate anti-climbing 

device. 

B. Setbacks/Aesthetics 

1. The provisions of this section may be waived by the approval body as determined by 

Sections 52 or 53 where it has been demonstrated that the waiver will result in superior 

compliance with the intent and purposes of this title. 

2. New towers greater than forty feet in height shall accommodate at least three service 

providers with accompanying area for equipment and access. Where multiple providers 

will be utilizing the same area and/or support structure, consideration should be given to 

the provision of a single building or other similar integration of equipment housing. A new 

tower may meet this requirement by correctly sizing the foundation and other structural 

elements to allow the future addition of height to the structure to accommodate additional 

users rather than immediately constructing the entire tower. This requirement will be able 

to be able to be waived by the governing body upon a showing of fact to overcome the 

presumption that multiple transmitters are desirable on a tower. 

3. An applicant for a new tower in excess of forty feet (40’) in height shall demonstrate that 

there are no available openings on existing facilities which are technically and financially 

feasible and that a new structure is necessary. A site shall be deemed financially feasible if 

the cost is equal to or less than the cost of constructing a new tower. 

4. All installations shall be as visually unobtrusive as is feasible. FAA and FCC regulations 

may require visual marking and lighting and may not be overridden by local regulations in 

this area. Unless otherwise required by the FAA or FCC towers shall be of a galvanized 

finish or be painted in neutral colors. Facilities and equipment mounted on existing 

structures shall be visually incorporated into the structure or background by the use of 

architectural elements, color, screening, or other methods. Installations located within the 

Conservation Overlay or Entryway Overlay districts shall be reviewed against the criteria 

of Section 43 as applicable. 

5. No lighting or signage except a single four (4) square foot business identification sign is 

allowed unless such lighting or signage is required by the FAA, FCC, Gallatin County or 

for a building permit from the City of Bozeman. 


6. Special setbacks for towers shall be provided and/or a design for internal structural collapse 

to avoid damage or injury to adjoining property or users shall be provided. 

a. Residential district setbacks for a Large Scale Broadcast Facility shall be 100% of 

tower height which may be reduced to no less than 50% upon the provision and 

approval of an engineered design, stamped by a professional structural engineer 

licensed to practice in the state of Montana, establishing a smaller collapse area. 

b. A Large Scale Broadcast Facility in non-residential zones shall provide a minimum 

setback from the property lines of 75% of tower height which may be reduced to no 

less than 20% of tower height upon the provision and approval of an engineered design, 

stamped by a professional structural engineer licensed to practice in the state of 

Montana, establishing a smaller collapse area. All installations shall maintain the 

minimum zoning district setbacks including special setbacks for entryway corridors. 

An application for an Large Scale Broadcast Facility located less than 100% of the 

tower height from the property line shall include a narrative addressing the issue of ice 

fall. 

7. All structures shall be constructed in conformance with the most recent version of either the 

standards of the Uniform Building Code or the Electronics Industries Association and the 

Telecommunications Industry Association, commonly cited as EIA/TIA 222-E standards. 

The most rigorous standard shall govern. 

8. Visual screening shall be provided in all residential areas and where a facility is located 

within a non-residential area which is visible, at grade, from a residential area. Screening 

shall provide an opaque screen within 18 months of establishment and be a minimum of 

four feet in height. The screening may be of landscape materials or a fence which 

otherwise complies with the zoning code. The site shall comply with the landscaping 

provisions of the zoning code as contained in Section 46. 

9. Materials on the exterior of equipment shelters used in residential areas shall be of 

materials commonly used in the neighborhood. The architectural design of the shelter 

shall be compatible with surrounding residential structures. The intent of the requirements 

of this paragraph may be met by providing fencing or other visual screening compatible 

with the neighborhood, in compliance with all other sections of the code, which will 

obscure the entire equipment shelter. The screening shall be in place prior to the 

commencement of operations of the facility. 

10. All Small Scale Broadcast Facilities established in one of the recognized historic districts 

or entry way overlay districts shall be installed in such a way as to maintain the historic or 

architectural character of the host site. All sites shall maintain the least possible visual 

obtrusiveness. 

11. Applicants for a Small Scale Broadcast Facility or a Large Scale Broadcast Facility in 

residential areas shall provide an accurate photo simulation of the site with the proposed 

facility in place. The simulation shall be to scale, and include all feasible antennae depicted 

on the tower. Landscaping which is not shown or proposed on the accompanying site plan 

shall not be included in the simulation unless it exists on adjoining properties. 


C. Administrative 

1. An inventory of existing sites utilized by the applicant shall be provided. The inventory 

shall note the feasibility of accommodating other users. The county may share this 

information with other applicants or interested parties to encourage co-location. 

2. The public land and agencies exemption from full compliance with zoning in Section 76-2- 

402, Montana Code Annotated does not apply to private entities utilizing publicly owned 

lands. 

3. All facilities shall be removed within 9 months of the cessation of operations. If a facility 

is not removed within 9 months the county shall remove the facility at the facility or land 

owners expense. Where multiple users share a facility the non-operational antennae shall 

be removed but any common equipment may be retained until all users have terminated the 

utilization of the site. 

4. Any emergency power supply or other equipment installed at the facility must comply with 

subsection 50.035.I, Noise. 

5. No facilities may be established in residential areas which require employees to be present 

on a routine basis, with the exception of periodic maintenance activities, unless the zone 

allows offices as a permitted or conditional use and appropriate review has been completed. 

6. Failure to comply with the terms of the zoning regulation shall be grounds for facilities to 

be removed by action of the county at the owners expense. 

7. Any modifications to existing broadcast sites may only occur in compliance with the 

review procedures required in section 57.030. 

8. Denial of an application shall be made only after the review body has determined that 

specific criteria of this title can not be met. Said determination shall be made in writing 

and shall include the reasons for the denial and the evidence which supports those reasons. 

Public opposition alone is not sufficient to deny the application. 


Section 58 

PLAN APPEALS PROCEDURE 

Sections: 


58.020 Application of appeal procedures. 

58.030 Appeal of final decision permitted. 

58.040 Filing of notice of appeal. 

58.050 Notice of appeal. 

58.060 Record on appeal. 

58.070 Scheduling of the hearing. 

58.080 Procedure of the hearing. 

58.090 Alternative actions available to the appellate body. 


The following words, terms and phrases, when used in this section, shall have the following 

meanings: 

"Aggrieved person" means a person who has a specific, personal and legal interest in the 

final decision of an agency, board or commission, as distinguished from a general interest 

such as is the concern of all members of the community, and which interest would be 

specifically and personally prejudiced by the decision or benefited by its reversal. 

"Appellant" means an aggrieved person who has taken an appeal from an agency, board or 

commission to another body designated herein by the filing of a notice of appeal. 

"Applicant" means the person who or organization which submitted the application to the 

agency, board or commission whose decision has been appealed. 

"Final decision" means the final action of an agency, board or commission when no further 

action is available before such agency, board or commission. 

58.020 Application of appeal procedures. 

Appeals from agencies, boards and commissions to other agencies, boards and commissions of 

county government or the courts are set forth in the various sections of this title. Said appeals 

are permitted under the provisions of this section in the manner set forth herein. 

A. Boards and Agencies. These appeal procedures shall apply to the decisions brought forth by 

the following: 

1. Planning board; 

2. Staff. 

B. Order of Appeals. Appeals from any board or agency shall follow the following order: 

1. Staff to commission; 

2. Planning Board to commission. 


58.030 Appeal of final decision permitted. 

An aggrieved person may appeal the final decision of any agency, board or commission to which 

this appeal procedure applies in the manner provided in this section. 

58.040 Filing of notice of appeal. 

A. An appeal shall be taken by filing with the planning director a notice of intent to appeal by 

noon on the Friday following the final decision of the agency, board or commission to which this 

section applies, and a documented appeal within seven (7) calendar days of the final decision of 

the agency, board or commission to which this section applies. Such notice of intent to appeal 

shall include the following: 

1. The action of the agency, board or commission which is the subject of the appeal; 

2. The date of such action; 

3. The name, address, telephone number and relationship of the appellant to the subject of 

the action of the agency, board or commission. 

B. The documented appeal shall include in addition, the grounds for the appeal, including 

specific allegations to be considered on appeal. 

58.050 Notice of appeal. 

Notification of appeal procedures shall be included in the initial posting and notice of the 

proposal, provided that an initial posting and notice is required by Section 52. Once a 

documented appeal has been filed, the property in question will be posted and notice of the 

appeal hearing provided to a newspaper published and having general circulation in the county. 


58.060 Record on appeal. 

Any appeal shall be an appeal on the record of the hearing before the agency, board or 

commission. The record provided to the appeal body shall include the following: 

A. Detailed minutes of the proceedings before the agency, board or commission from which the 

appeal has been taken; 

B. All exhibits, including, without limitation, all writings, drawings, maps, charts, graphs, 

photographs and other tangible items received or viewed by the agency, board or commission at 

the proceedings; 

C. A verbatim transcript of such proceedings before the agency, board or commission, or any 

portion thereof, at the option and expense of any aggrieved party. 


58.070 Scheduling of the hearing. 

The dates, times and locations for hearing appeal(s) before the appropriate body(s) shall be 

included in the reposting of the property in question, and in the notice of the appeal hearing 

provided to a newspaper published and having general circulation in the county. 


58.080 Procedure of the hearing. 

A. At the hearing on the appeal, the following procedure shall be followed: Only arguments and 

evidence relevant to the grounds shall be presented. The presentation of arguments on the merits 

of the appeal shall be made in the following order, subject to such limitations, in time and scope 

as may be imposed at the discretion of the presiding officer: 

1. Explanation of the nature of the appeal and presentation by planning staff, 

2. Presentation of argument by the appellant and any person in support of the appellant; 

3. Presentation or argument by any person who is an opponent of the appeal; and 

4. Motion, discussion and vote by the appellate body. 

B. No person making a presentation shall be subject to cross-examination except that members 

of the appellate body and the county attorney may inquire of such person for the purpose of 

eliciting information and for the purpose of clarifying information presented. 

58.090 Alternative actions available to the appellate body. 

The appellate body shall consider an appeal based upon the record on appeal and relevant 

provisions of this title. Only evidence relevant to the grounds for the appeal shall be heard. At 

the conclusion of such hearing, the appellate body shall uphold, overturn or modify the decision 

of the agency or board. Appeals will be granted upon finding that such order, requirement, 

decision or determination made by the agency or board is erroneous and contrary to this title or 

of any regulation adopted pursuant thereto. 




Section 62 

ADMINISTRATION, PERMITS AND FEES 

Sections: 

62.010 Administration and enforcement - Planning director authority. 

62.020 Planning director-Plan application checking- Notice of noncompliance. 

62.030 Permit requirements. 

62.040 Permit issuance-Conformity with regulations required. 

62.050 Permits issued contrary to title deemed void. 

62.060 Expiration of land use permits. 

62.070 Stop-work order-Planning director authority. 

62.080 Enforcement-Planning director. 

62.090 Permits and installation of improvements. 

62.100 Fee schedule. 

62.010 Administration and enforcement - Planning director authority. 

A. The planning director, or his/her designated representative, shall administer and enforce this 

title. He may be provided with the assistance of such other persons as the planning director may 

direct and those assistants shall have essentially the same responsibilities as directed by the 

planning director. 

B. If the planning director shall find that any of the provisions of this title are being violated, he 

shall notify in writing the person responsible for such violations, indicating the nature of the 

violation and ordering the action necessary to correct it. He shall order discontinuance of illegal 

use of land, illegal additions, alterations, or structural changes; discontinuance of any illegal 

work being done; or shall take any other action authorized by this title to insure compliance with 

or prevent violation of its provisions. 

62.020 Planning director-Plan application checking-Notice of noncompliance. 

A. It is the intent of this title that the planning director shall check all plans and applications for 

permits for compliance with this title both before and during construction. 

B. If, during this procedure, the planning director deems that the proposed plan or construction 

does not comply with this title, he shall inform the applicant of the infraction and shall stop all 

construction on the project until such time as the applicant, builder or principal revises his plan 

to conform to this title and/or fulfills the requirements of any mandated review procedure(s) as 

set forth in this title. 

62.030 Permit requirements. 

No building or other structure shall be erected, moved, added to or structurally altered and no 

land use shall be changed without valid permits as prescribed in this section. 


A. Bozeman Building Permit. Within the limits of the city extraterritorial building permits 

jurisdictional area, building permits shall be obtained by following the latest version of the 

Uniform Building Code (International Conference of Building Officials, 5360 South Workman 

Mill Road, Whittier, California) adopted by the city of Bozeman. 

B. The building permit shall be obtained by application to the city building official. 

Applications shall be accompanied by plans in duplicate, drawn to scale showing the actual 

dimensions and shape of the lot to be built upon, the legal description of the parcel; the exact 

sizes and location on the lot(s) of buildings already existing, if any; the location and dimensions 

of the proposed buildings or alternatives, and two copies of the approved site plan or sketch plan 

as approved under Sections 52, 53, 54, etc. of this title. 

C. One copy of the plans shall be returned to the applicant after the building official and 

planning director have marked each copy either as approved or disapproved and attested to same 

by their signatures. The second copy similarly marked shall be retained by the building division. 

D. Approval of any plan that has been granted based upon false information provided by the 

applicant shall be deemed void. 

E. Land Use Permit shall be obtained by application to the planning department. 

Applications shall be accompanied by elevation plans and floor plans, drawn to scale showing 

the actual dimensions and shape of the lot to be built upon, the legal description of the parcel; the 

exact sizes and location on the lot(s) of buildings already existing, if any; the location and 

dimensions of the proposed buildings or alternatives, and two copies of the approved site plan or 

sketch plan as approved under Sections 52, 53, 54, etc. of this title. Prior to occupancy, a 

certificate of compliance shall be obtained by application to the planning department. 

62.040 Permit issuance-Conformity with regulations required. 

No permit, or license of any type shall be issued unless in conformance with the regulations 

contained within this title. Permits issued on the basis of plans and applications approved by the 

planning director authorize only the use, arrangement and construction set forth in such approved 

plans and applications, and no other use, arrangement or construction. Use, arrangement or 

construction at variance with that authorized shall be deemed a violation of this title, punishable 

as provided in Section 70. 

62.050 Permits issued contrary to title deemed void. 

Any permit, or any authorization issued, granted, or approved in violation of the provisions of 

this title shall be null and void and of no effect without the necessity of any proceedings or a 

revocation or nullification thereof, and any work undertaken or use established pursuant to any 

such permit or other authorization shall be unlawful. 


62.060 Expiration of land use permits. 

Every permit issued under the provisions of this title shall expire by limitation and become null 

and void if the building or work authorized by such permit has not commenced within one 

hundred eighty (180) days from the date of such permits, or if the building or work authorized by 

such permit is suspended or abandoned at any time after the work is commenced for a period of 

one hundred twenty (120) days. Before such work can be recommenced, a new permit shall first 

be obtained to do so, and the fee therefore shall be one-half the amount required for a new permit 

for such work, provided no changes have been made or will be made in the original plans and 

specifications for the work; and provided further that such suspension or abandonment has not 

exceeded one year. 


62.070 Stop-work order-Planning director authority. 

Whenever any building work is being done contrary to the provisions of this title, the planning 

director shall order the work stopped by notice in writing served on any person engaged in doing 

or causing such work to be done, and any such person shall forthwith stop such work until 

authorized by the planning director to proceed with the work. 

62.080 Enforcement-Planning director. 

This title shall be enforced by the planning director and his authorized representatives. No 

permit or business or occupational use license shall be issued, except in compliance with the 

provisions of this title. 

62.090 Permits and installation of improvements. 

The purpose of this section is to establish the requirements for the scheduling and installation of 

all on-site and off-site improvements which are required as per the standards set forth in this 

code, or which are required as a result of any conditions which may be applied to the approval of 

any project through the appropriate review process. Such improvements may include but are not 

limited to design elements such as landscaping, parking facilities, storm drainage facilities, 

architectural features, pedestrian walkways, and public utilities. 

A. Only minor site surface preparation and normal maintenance shall be allowed prior to 

conditional approval by the appropriate review authority and the issuance of a permit, providing 

that such activity does not include excavation for foundations or the removal of mature, healthy 

vegetation. Upon conditional approval by the appropriate review authority, excavation for 

foundations and the preparation of forms may occur, however, no concrete shall be poured and 

no further construction shall commence until final site or sketch plan approval has been granted 

and until permits have been issued. 

B. Subsection deleted. 



C. The applicant may enter into an improvements agreement with the county. Detailed cost 

estimates and construction plans of all required on-site and off-site improvements shall be made 

a part of the agreement. 


D. No permit shall be issued for any building or use for which site plan or sketch plan approval 

is required unless such approval has been obtained. Except as provided for in subsection E of 

this section, no occupancy shall be permitted or certificate of occupancy issued unless the terms 

and details of an approved site or sketch plan are met. The planning department shall conduct an 

"as-built" inspection to verify compliance and shall sign off on a certificate of occupancy if all 

terms and details of the approval are complied with. 

E. If occupancy of the structure or commencement of the use is to occur prior to installation of 

the required improvements, the improvements agreement, described in subsection C above, must 

be secured by a method of security equal to one and one-half times the amount of the estimated 

cost of the scheduled improvements not yet installed. The method of security shall be valid for a 

period of not less than twelve months from occupancy; however, all on-site and off-site 

improvements shall be completed by the applicant within nine months of occupancy or the 

security shall be forfeited to the county for the purpose of installing or contracting for the 

installation of the required improvements. 

F. In those instances where occupancy is to occur before the installation of all required 

improvements, the staff shall determine which, if any, of the required improvements must be 

installed prior to occupancy. Such determinations shall be based on a finding that unsafe or 

hazardous conditions will be created or perpetuated without the installation of certain 

improvements or that the property will have an unacceptable adverse impact on adjoining 

properties until such improvements are installed. 

G. When all provisions are met for occupancy of a facility or commencement of a use prior to 

the installation of all improvements, the official may issue a temporary certificate of occupancy 

which allows occupancy of the facility on a temporary basis for a period not to exceed nine (9) 

months. When all required improvements are installed in compliance with all terms and details 

of the site or sketch plan approval, the temporary occupancy permit shall be withdrawn and a 

permanent certificate of occupancy shall be issued according to the provisions of this section. 

62.100 Fee schedule. 

A. The commission shall establish a schedule of fees, charges and expenses and a collection 

procedure for permits, appeals, and other matters pertaining to this title. The schedule of fees 

shall be set from time to time by the commission. The fees shall be posted in the office of the 

planning director and may be altered or amended only by the commission. 


Section 65 

SIGN CODE 

Sections: 

65.010 Intent and purposes. 

65.020 Definitions and interpretation. 

65.030 Sign permit requirements. 

65.040 Prohibited signs. 

65.050 Permitted temporary and special event signs. 

65.060 Signs exempt from permit requirements. 

65.070 Signs permitted upon the issuance of a sign permit. 

65.080 Comprehensive sign plan. 

65.090 Multi-tenant complexes with less than one hundred thousand square feet of 

ground floor area. 

65.100 Multi-tenant complexes with more than one hundred thousand square feet of 


65.110 Indoor shopping mall complexes with more than one hundred thousand 

square feet of ground floor area. 

65.120 Illumination. 

65.130 Street vision triangles. 

65.140 Required address signs. 

65.150 Off-Premise Advertising signs. 

65.160 Historic or culturally significant signs. 


65.180 Maintenance of permitted signs. 

65.190 Nonconforming signs. 

65.200 Violation. 

65.010 Intent and purposes. 

It is the intent and purpose of this code to promote the health, safety and welfare of the residents 

and visitors of the Gallatin County / Bozeman Area Zoning District by regulating and controlling 

the size, location, type, quality of materials, height, maintenance and construction of all signs 

and sign structures not located within a building for the following reasons: 

A. To preserve the area's natural scenic beauty; 

B. To contribute to inviting entrances into Gallatin County / Bozeman Area Zoning District by 

eliminating clutter associated, in part, with the unrestricted proliferation of signs, lights, and 

stringed devices 

C. To encourage area beautification through creative, interrelated design of signage, 

landscaping, buildings, access and parking that enhances the community's built and natural 

environment: 

D. To give all businesses an equal opportunity to have a sign that will help people find the 

services they need; 

E. To ensure that pedestrians and motorists are protected from damage or injury caused or partly 

attributable to the distractions and obstructions which are caused by improperly situated signs. 


The commission intends to provide a reasonable balance between the right of an individual to 

identify its business and the right of the public, to be protected from the visual discord that 

results from the unrestricted proliferation of signs. Section 43.080 establish certain exemptions, 

and alternative procedures utilizing design review. The design review shall be directed to 

accomplish the intent and purpose of this section. It is determined that the regulations contained 

herein are the minimum, necessary to further the interests of this code. 

65.020 Definitions and interpretation. 

Words and phrases used in this section shall have the meanings set forth in this section. Words and 

phrases not defined in this section but defined in this title shall be given the meanings set forth 

herein. All other words and phrases shall be given their common, ordinary meaning, unless the 

context clearly requires otherwise. Section headings or captions are for reference purposes only and 

shall not be used in the interpretation of this section. 

"Anchor tenant" means a tenant within a retail shopping center or complex which utilizes 20,000 or 

more square feet of ground floor area in one or more structures. 

"Area of signs" means that the area of a sign shall be computed by enclosing the entire area within 

any type of perimeter or border which may enclose the outer limits of any writing, 

representation, emblem, figure, or character together with any other material or color forming an 

integral part of the display or used to differentiate such sign from a building on which it is 

placed. The area of a sign having no such perimeter shall be computed by enclosing the entire 

area within parallelograms, triangles, or circles in a size sufficient to cover the entire area of the 

sign copy and computing the size of such area. In the case of a two-sided sign, the area shall be 

computed as including only the maximum single display surface which is visible from any 

ground position at one time. If the angle between the two sign faces is greater than forty-five 

(45) degrees, the sign area will be the sum of the areas of the two (2) faces. The supports or 

uprights on which any sign is supported should not be included in determining the sign area 

unless such supports or uprights are designed in such a manner as to form an integral 

background of the sign. In the case of any spherical, conical, or cylindrical sign one half of the 

total surface area shall be computed as the area of the sign. 

"Awning" means a roof-like structure, which is generally composed of a skeletal frame, covered in a 

fabric or other skin-type material, and typically open on the bottom side, which projects beyond 

a building or extending along and projecting beyond the wall of the building. For the purposes 

of this regulation a sign on an awning shall be considered to be a wall sign. 

"Banner" means any sign of lightweight fabric or similar material that is permanently mounted to a 

pole or a building by a permanent frame at one or more edges. National flags, state or 

municipal flags, or the official flag of any institution or business shall not be considered 

banners. 

"Beacon" means any light with one or more beams directed into the atmosphere or directed at one or 

more points not on the same zone lot as the light source; also, any light with one or more beams 

that rotate or move. 

"Building frontage" means the maximum dimension of the building front measured on a straight 

line parallel to the street. 

"Canopy" means any open, permanent roof-like accessory structure which is not attached or part of 

a principal building. For the purposes of this section, a sign located on a canopy shall be 

considered a wall sign. 


"Commercial message" means any sign wording, logo, or other representation that, directly or 

indirectly, names, advertises or calls attention to a business, product, service, or other 

commercial activity. 

"Directional sign" means an on-premise sign which is intended to convey information regarding the 

location of specific features of the site or to convey on-premise regulations including traffic and 

circulation regulations. 

"Freestanding sign" means any sign supported by structures or supports that are placed on, or 

anchored in, the ground and that are independent from any building or other structure. 

"Height of low profile sign" means the vertical distance between the finished grade and the highest 

component of the sign. 

"Height of pole style sign" means the vertical distance between the elevation of the adjacent street 

curb, or edge of pavement if no curb exists, to the highest attached component of the sign. In 

the event that the finished grade of the sign location is higher, or lower, than the adjacent street 

curb or edge of pavement, the height shall be determined as the vertical distance from the 

median elevation between the adjacent street curb or edge of pavement and the lowest finished 

grade at the base of the sign to the highest attached component of the sign. 

"Incidental sign" means a sign, generally informational, that has a purpose secondary to the use of 

the zone lot on which it is located, such as "no parking," "entrance," "loading only," 

"telephone," and other similar directives. No sign with a commercial message which is 

designed with the intent to be legible from a position off the zone lot on which the sign is 

located shall be considered incidental. 

"Interchange zone" means districts created for the purpose of allowing larger and/or additional 

signage for the areas adjacent to the I-90 interchanges at East Main Street, North 7th Avenue, 

and North 19th Avenue which are located within the Entryway Overlay District, B-2 District, 

and within 1,300 feet of the I-90 right-of-way. 

"Low-profile sign" means a freestanding sign composed of a solid structure between finished grade 

and the top of the sign. Also referred to as a monument sign. 

"Noncommercial speech" means any sign wording, logo, or other representation that does not, 

directly or indirectly, name, advertise, or call attention to a business, product, service, or other 

commercial activity. 

"Nonconforming sign" means a sign that does not conform to the provisions of this section. 

"Off-premise sign" means a sign which advertises or directs attention to products or activities that 

are not provided on the parcel upon which the sign is located. 

"Parapet" means that part of the wall which extends above the roof. For the purposes of this section, 

the top of the parapet shall be considered to be the roofline. 

"Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a 

message of any kind, suspended from a rope, wire, or string, usually in series, designed to move 

in the wind. 

"Pole sign" means a freestanding sign which is supported by a column(s) or other structural 

member(s) that is permanently attached to the ground or a ground-mounted structure and 

provides a minimum of eight feet (8’) of visible, vertical clearance between the sign and 

finished grade. 

"Portable sign" means any sign not permanently attached to the ground or other permanent 

structure, or a sign designed to be transported, including, but not limited to, signs designed to be 

transported by means of wheels; signs converted to A- or T-frames; balloons used as signs; 

umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible 


from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of 

the business. 

"Projecting sign" means any sign affixed to a building or wall in such a manner that its leading edge 

extends more than six inches (6”) beyond the surface of such building or wall and is 

perpendicular to such building or wall. 

"Revolving sign" means any sign which all, or a portion of, may rotate either on an intermittent or 

constant basis. 

"Roof sign" means any sign erected and constructed on and over the roof of a building, supported 

by the roof structure, and extending vertically above any portion of the roof. Roof signs shall 

not include signs located on a mansard roof if the sign is mounted vertically and integrated with 

the roof. For the purpose of this section, architecturally integrated mansard signs and other 

architecturally integrated signs located below the principal roof line shall be classified as wall 

signs. 

"Setback" means the distance from the property line to the nearest part of the applicable building, 

structure, or sign, measured perpendicularly to the property line. 

"Shopping mall" means a multi-tenant retail structure where tenants are located on both sides of a 

covered walkway with direct pedestrian access to all establishments from the walkway. 

"Sign" means any device, fixture, placard, or structure that uses any color, form, graphic, 

illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of 

a person or entity, or to communicate information of any kind to the public. 

"Special event sign" means a temporary sign which advertises special civic events and activities 

such as street fairs, community festivals, parades, farmers markets and charity benefits. 

"Street" means a strip of land or way subject to vehicular traffic (as well as pedestrian traffic) that 

provides direct access to property, including, but not limited to, avenues, boulevards, courts, 

drives, highways, lanes, places, roads, or other thoroughfares, but not including alleys or 

driveways. 

"Temporary sign" means any sign that is used only temporarily and is not permanently mounted. 

"Wall sign" means any sign painted on, attached to, or erected against the wall of a building, 

structure, canopy or awning with the exposed face of the sign parallel to the plane of said wall 

or structure. The sign must be attached in a manner so that it does not extend beyond six inches 

of the wall. 

"Window sign" means any sign painted, attached, glued, or otherwise affixed to a window for the 

purpose of being visible from the exterior of the building. 

"Zone lot" means a parcel of land or contiguous parcels of land held in single ownership that is of 

sufficient size to meet minimum zoning requirements for area, coverage and use. 

65.030 Sign permit requirements. 

If a sign requiring a permit under the provision of this section is to be placed, constructed, 

erected, or modified on a zone lot, the owner of the lot shall secure a sign and building permit 

prior to the construction, placement, erection, or modification of such a sign. Furthermore, the 

property owner shall maintain in force, at all times, a permit for such sign. No permit of any 

kind shall be issued for an existing sign or proposed sign unless such sign is consistent with the 

requirements of this section. 


65.040 Prohibited signs. 

All signs not expressly permitted under this section, or exempt from regulation, are prohibited in 

the jurisdiction. Such signs include, but are not limited to: 

A. Portable signs; 

B. Roof signs; 

C. Revolving signs; 

D. Beacons; 

E. Flashing signs; 

F. Pennants; 

G. Stringed flags: 

H. Inflatable signs and tethered balloons (except as permitted per section 65.050.) 

I. Signs located in public rights-of-way (except for those permitted in subsections 65.060.C 

and 65.070.D.4. 

65.050 Permitted temporary and special event signs. 

Temporary and special event signs, such as banners, tethered balloons and inflatable signs, shall 

be allowed only as follows: 

A. Special event signs are permitted in the zones described in sections 65.070.A [Commercial, 

Manufacturing, and Public Land Zones] and 65.070.B [Business and Office Zones]. 

B. Such signs shall be displayed for a consecutive period not to exceed fifteen (15) days, for a 

maximum of thirty (30) days per year with the exception of grand opening banners which may be 

displayed for a period not to exceed sixty (60) days. Only one grand opening banner shall be 

permitted for the life of a business. A subsequent grand opening banner may be permitted when 

business ownership, has transferred to another owner. 

C. Such banners shall be consistent with the standards of this section as to location, height, and 

type. 

D. Applicants for such banners must apply for, and have approved, a temporary sign permit. 

65.060 Signs exempt from permit requirements. 

The following signs shall be exempt from regulation under this section. 

A. Residential Zones (A-S, R-S, R-1, R-2, R-2a, R-3, R-3a, R-4, R-MH). Temporary nonilluminated, 

real estate sale, and noncommercial speech signs that do not exceed nine (9) square 

feet in total area and, if freestanding, five feet (5’) in height. No more than one such sign per 

street frontage. 

B. Commercial and Manufacturing Zones, (R-O, B-1, B-2, M-1, M-2, BP, PLI, M-1, M-2, 

BP, PLI). 

1. Window signs painted on the window or affixed to the interior of a window provided that 

such signs do not occupy more than twenty-five percent (25%) of the area of the window 


in which it is displayed. If it exceeds twenty-five percent of the area of the window, it 

will be classified as a wall sign. 

2. Signs within a structure or building or other enclosed area of property when such signs 

are not intended to be viewed from outside the structure or property. 

3. Four on-premises directional signs not exceeding four square feet in area which shall not 

contain any commercial messages. 

C. All Zones. 

1. Government and Public Utility Signs. Directional, warning, street, building 

identification, traffic control, informational or temporary special event signs that are 

erected, installed, or placed by or on behalf of any federal, stare, county, or city 

government. Public utility signs showing locations of underground facilities or public 

telephones, and safety signs on construction sites are included within this exemption. 

2. Incidental Signs. A sign, generally informational, that has a purpose secondary to the use 

of the zone lot on which it is located, such as "no parking," "entrance," "loading only," 

and other similar directives. No sign with a commercial message which is designed with 

the intent to be legible from a position off the zone lot on which the sign is located shall 

be considered incidental. 

65.070 Signs permitted upon the issuance of a sign permit. 

The following on-premise signs are permitted in the indicated zones subject to a sign permit: 

A. Commercial, Manufacturing, and Public Land Zones ( B-2, M-1, M-2, BP, PLI). A lot in a 

B-2 district is permitted total signage not to exceed four hundred (400) square feet. The maximum 

allowable total signage in the other districts listed herein shall not exceed two hundred and fifty 

(250) square feet per lot. A comprehensive sign plan is required for all commercial centers 

consisting of two (2) or more tenant spaces on a lot and shall be designed in accordance with section 

65.080. 

1. Freestanding Signs. One freestanding sign is permitted per zoned lot. The maximum area 

for a freestanding sign shall be thirty-two (32) square feet. A low profile freestanding sign 

shall be set back a minimum of five feet (5’) with a maximum height of five feet (5’). A 

pole-style freestanding sign shall be set back a minimum of fifteen feet (15’) with a 

maximum height of thirteen feet (13’). The pole-style sign will maintain at least an eight 

feet (8’) minimum vertical clearance from the ground. 

2. Wall Signs. Wall signs are not to exceed a total signage allowance of one and one half (1.5) 

square feet per linear foot of building frontage minus any area devoted to freestanding or 

projecting signs. Canopy, window, and awning signs shall be classified as wall signs. Wall 

signs shall not project above the top of a wall or parapet. Lots fronting on two or more 

streets shall be permitted an additional thirty-five percent (35%) of the already permitted 

wall sign area for each subsequent building frontage. 

3. Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed eight (8) 

square feet in area nor extend more than four feet (4’) from the building. Projecting signs 

shall provide a minimum sidewalk clearance of eight feet (8’). 


B. Business and Office Zones (B-1, R-O). The maximum allowable total signage for a lot shall 

not exceed eighty (80) square feet in a B-1 district, and thirty-two (32) square feet in a R-O district. 

A comprehensive sign plan is required for all commercial centers consisting of two (2) or more 

tenant spaces on a lot. Such plans shall be designed in accordance with Section 65.080. 

1. Low Profile Freestanding Signs. One low profile sign not to exceed thirty-two (32) square 

feet in area in the B-1 district, and twelve (12) square feet in area in the R-O district. In both 

the B-1 and the R-O districts, the low profile sign shall have a minimum setback of five feet 

(5’) and a maximum height of five feet (5’). Pole-style freestanding signs are not permitted 

in the B-1 and R-O zones. 

2. Wall Signs. Wall signs in the B-1 district are not to exceed a total signage allowance of one 

(1) square foot per linear foot of building frontage minus any area devoted to freestanding or 

projecting signs. Wall signs in the R-O district are not to exceed a total signage allowance 

of half (.5) of a square foot per linear foot of building frontage minus any area devoted to 

freestanding and/or projecting signs. Canopy, window, and awning signs shall be classified 

as wall signs. Wall signs shall not project above the top of a wall or parapet. Lots fronting 

on two or more streets shall be permitted an additional thirty-five percent (35%) of the 

already permitted wall sign area for each subsequent building frontage. 

3. Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed eight (8) 

square feet in area nor extend more than four feet (4’) from the building. Projecting signs 

shall provide a minimum sidewalk clearance of eight feet (8’). 

C. Residential and Agricultural Zones (A-S, R-S, R-1, R-2, R-2a, R-3, R-3a, R-4, R-MH) 

1. Subsection deleted. 


2. Residential Building Identification Signs. For properties used for multi-family residential 

buildings, one residential identification wall sign per street frontage. Each sign shall not 

exceed eight (8) square feet in area. 

3. Signs Appurtenant To Residential Principal and Conditional Uses and Home Occupations. 

a. Principal residential uses and Home Occupations shall be permitted commercial 

message signage not to exceed four (4) square feet in area and shall not be located in 

any required setback area. In addition, Home Occupations shall be permitted one (1) 

square foot signs on a mailbox or lamp post or one and one half (1 1/2) square feet of 

freestanding signage located a minimum of five feet (5’) from the property line. 

b. Principal residential uses shall be permitted noncommercial speech signs which do not 

exceed thirty (32) square feet in area nor five feet in height (5’). Such sign(s) must be 

setback at least fifteen feet (15’) from the property line. 

c. Conditional nonresidential type uses, such as churches, veterinary uses, golf courses, 

day care centers and schools shall be permitted signage as if the underlying zoning were 

B-1. Conditional residential type uses such as bed and breakfast homes, and fraternity 

and sorority houses, shall be permitted signage as if the underlying zoning were R-O. 

Such signs may only be illuminated during the hours of operation. 

4. Planned Unit Developments. Commercial establishments within planned unit developments 

where the underlying zoning is residential or agricultural shall be permitted signage as if the 

lot were in a B-1 zone. 


D. Special Districts And Zones. The guidelines for the underlying zoning districts apply unless 

otherwise addressed below. 

1. Entryway Overlay District. Signage may exceed the underlying zoning district limitations 

by up to 20% upon review and approval by the commission, upon the recommendation of 

the staff, and upon receipt of a sign permit. 

2. Interchange Zone. Signage may exceed the maximum total sign area permitted by Section 

65.070 by up to 25% upon review and approval by the commission, upon the 

recommendation of the staff, and upon receipt of a sign permit. Each lot shall be permitted 

one freestanding sign. 

a. Low Profile Signs. One low profile sign per zoned lot. The maximum area for a low 

profile sign shall be forty-eight (48) square feet. The sign shall be setback a minimum 

of five feet (5’) with a maximum height of eight feet (8’). 

b. Pole-Style Signs. A pole-style freestanding sign shall be set back a minimum of fifteen 

feet (15’) and will maintain at least an eight feet (8’) minimum vertical clearance. Polestyle 

signs shall not exceed a total area of forty-eight (48) square feet or sixteen feet 

(16’) in height, provided however, that for every two feet (2’) said sign is set back from 

fifteen (15’) beyond the street right-of-way, the height measured at grade may be 

increased one foot (1’), not to exceed a total of thirty-two feet (32’), and the area may be 

increased by two and one half (2.5) square feet for every two feet (2’) that said sign is 

set back fifteen feet (15’) beyond the street right-of-way up to a maximum of one 

hundred and twenty (120) square feet. 

65.080 Comprehensive sign plan. 

A comprehensive sign plan shall be submitted for all commercial, office, industrial, and civic 

uses consisting of two or more tenant or occupant spaces on a lot or two or more lots subject to a 

common development permit or plan. A comprehensive sign plan shall not be approved unless it 

is consistent with this section, the underlying zoning regulations applicable to the property and 

any discretionary development permit or plan for the property. The plan should include the size 

and location of buildings and the size and location of existing and proposed signs. The purpose 

of the plan is to coordinate graphics and signs with building design. The coordination shall be 

achieved by: 

A. Using the same type of cabinet supports or method of mounting for signs of the same type; 

using the same type of construction for components, such as sign copy, cabinet and supports; 

using other types of integrating techniques, such as common color elements, determined 

appropriate by the planning director. 

B. Using the same form of illumination for all signs, or by using varied forms of illuminations 

determined compatible by the planning director. 

65.090 Multi-tenant complexes with less than one hundred thousand square feet of 


The guidelines for the underlying zoning districts apply unless otherwise addressed below: 


A. The maximum permitted wall sign area allowed for each tenant space shall be the percentage 

of the total floor area on the zoned lot that the tenant occupies multiplied by the wall area 

allowed by subsection 65.070.A.2 or 65.070.B.2. If the lot has more than one building frontage, 

the individual tenant space may derive sign area only from the frontage(s) which the space faces. 

Lots under this section shall be allowed a low profile sign that identifies the complex, which 

otherwise conforms to this section, in addition to the sign area already permitted under 

subsection 65.070.A.2 or 65.070.B.2. 

65.100 Multi-tenant complexes with more than one hundred thousand square feet of 



A. Freestanding Signs. 

1. Pole-Style Signs. One pole-style sign per street frontage not to exceed forty-eight (48) 

square feet in area or sixteen feet (16’) in height. The sign area computed for a pole-style 

sign shall not be subtracted from the maximum allowable wall signage permitted for the 

entire complex. 

2. Low-Profile Signs. One low-profile sign shall be permitted at each secondary entrance of 

the complex, provided each sign shall not exceed thirty-two (32) square feet in area, not 

five feet (5’) in height, and must be setback a minimum of five feet (5’) from the property 

lines. All low-profile signs shall only identify the complex and must display the street 

number address in figures which are at least six inches (6”) high. Low profile signs 

complying with these regulations will not be factored when calculating the maximum 

permitted wall sign area. 

B. Wall Signs. Each tenant shall be permitted wall signage square footage calculated from one 

and one-half times the linear store frontage. 

65.110 Indoor shopping mall complexes with more than one hundred thousand 

square feet of ground floor area. 


A. Freestanding Signs. 

l. Pole-Style Signs. One pole-style sign per street frontage not to exceed forty-eight (48) 

square feet in area or sixteen feet (16’) in height. The sign area computed for a pole-style 

sign shall not be subtracted from the maximum allowable wall signage permitted for the 

entire complex. 

2. Low-Profile Signs. One low-profile sign shall be permitted at each secondary entrance of 

the complex, provided each sign shall not exceed thirty-two (32) square feet in area, nor 

five feet (5’) in height, and must be setback a minimum of five feet from the property 

lines. All low-profile signs shall only identify the complex and must display the street 

number address in figures which are at least six inches high. Low profile signs 

complying with these regulations will not be factored when calculating the maximum 

permitted wall sign area. 


B. Wall Signs. Each anchor tenant shall be permitted three hundred square feet of wall signage. 

Each tenant with an exclusive outdoor customer entrance shall be permitted wall signage square 

footage calculated from five percent of the ground floor area. 

65.120 Illumination. 

Illumination, if any, shall be provided by artificial light which is constant in intensity and color. 

Internally illuminated "can signs" are acceptable provided background and copy are coordinated 

to avoid excessive light output. Neon and other gas type transformers shall be limited to sixty 

milliamperes and fluorescent transformers shall be limited to eight hundred (800) milliamperes 

to soften light output. Additionally, neon and other gas type signs with exposed tubing shall be 

equipped with dimmers. 

65.130 Street vision triangles. 

Signs shall not be placed in sight vision triangles as they are defined in Section 50.080 of the 

Gallatin County / Bozeman Area Zoning Regulations. 

65.140 Required address signs. 

Street numbers shall be required for all residential, commercial, industrial, and civic uses in all 

zones, consistent with the requirements of the fire department. All freestanding signs shall 

display the address of the lot in six-inch numbers. 

65.150 Off-Premise Advertising signs. 

A. Off-premise Commercial Advertising signs, or billboards, are not permitted within this 

zoning district, except for official and tourist-oriented directional signs with valid state or federal 

permits issued in compliance with the Federal Highway Beautification Act. 


B. Subdivision Identification Signs. Subdivisions consisting of more than four lots may have one 

low-profile, freestanding, neighborhood identification sign per development entrance on each road, 

with a County sign permit. Subdivision identification signs may not identify specific commercial 

firms or uses. The identification sign shall not exceed sixteen (16) square feet in area or five feet 

(5’) in height from the finished grade, and must be set back at least five feet (5’) from the property 

line. 


65.155 Signs erected in conjunction with non-profit activities on public property. 

Signs erected on public property in support of non-profit activities, such as signs advertising 

sponsors of youth and sports activities, shall be allowed only as follows: 

A. The sign(s) shall be permitted only at developed facilities in public parks or other publicly 

owned lands. 


B. The sign(s) may be erected two (2) weeks prior to the commencement of the activity and shall 

be removed within two (2) week after the cessation of the activity for which the sign(s) were 

erected. 

C. Each individual sign shall be no larger than thirty-two (32) square feet. Freestanding signs must 

be setback a minimum of fifteen feet (15’) from the property line with a maximum height of five 

feet (5’). Signs attached to walls or scoreboards shall not be subject to the five foot (5’) height 

limitation. However, signs attached to walls or scoreboards shall not exceed the height of the wall 

or scoreboard to which they are attached. All signs shall be oriented towards spectators attending 

the activity who are at the facility. 

D. The sign(s) shall not: 

1. advertise alcoholic beverages or tobacco products; 

2. be individually illuminated; nor 

3. be placed in sight vision triangles or otherwise impede or obstruct the view of the traveling 

public. 

E. Applicants for such sign(s) must apply for, and have approved, a special temporary sign permit 

detailing the nature of the sign(s) to be erected and the duration the sign(s) will remain in place. 

Applications and review procedures shall be made as per Section 50.140. 

65.160 Historic or culturally significant signs. 

Signs which have historical or cultural significance but do not conform to the provisions of this 

section, maybe permitted provided that the commission adopts findings supporting the historical 

or cultural significance of the sign and issues a sign permit. Such findings shall be adopted by 

resolution of the commission. 


An application for a sign shall be made on forms provided by the planning office. The 

application shall contain sufficient information and plans to permit review pursuant to this 

section, including but not limited to: building elevations; photographs; proposed locations of 

signs on building elevations; sign design layout showing number, types, and dimensions of all 

signs, and a site plan showing proposed location of all signs. An applicant may appeal the denial 

of permit request pursuant to the provisions of Section 58. 

65.180 Maintenance of permitted signs. 

All signs shall be continuously maintained in a state of security, safety and repair, If any sign is 

found not to be so maintained or is in need of repair, it shall be the duty of the owner and the 

occupant of the premises to repair or remove the sign within ten days after receiving written 

notice to do so from the planning director. If the sign is not so repaired or removed within such 

time, the planning director shall cause the sign to be removed at the expense of the owner of the 

premises. 


65.190 Nonconforming signs. 

A. The eventual elimination of existing signs that are not in conformity with the provisions of 

this section is as important as the regulation of new signs. Except as otherwise provided herein, 

the owner of any zone lot or other premises on which exists a sign that does, not conform with 

the requirements of this section and for which there is no prior, valid sign permit shall remove 

such sign. 

B. All signs which were legally permitted prior to July 27, 1999, are considered legal, permitted 

signs under this section. Except as provided for in subsection C of this section, said sign, if 

nonconforming with this section, may not be: 


1. Replaced except with a conforming sign; 

2. Changed in copy (except for signs specifically designed to be changed in copy); 

3. Structurally altered to extend its useful life; 

4. Expanded, moved, or relocated. 

C. No legal, nonconforming sign may be altered or enlarged in any way which increases its 

nonconformity, but any existing signage, or portions thereof, may be altered by decreasing its 

nonconformity (except w provided in subsection D of this section). 

D. Any lot with a nonconforming sign may not add additional signage until all signs on the lot 

are brought into conformance with this section. Any site modification that requires a land use 

permit, site plan review or reuse application will necessitate compliance for all existing and 

proposed signage on the lot. 


65.200 Violation. 

A. Upon discovery of any violation of this section, county officials authorized to enforce this 

section shall notify in writing the owner or lessee of such violation, who shall be required to 

correct the violation within the time specified on the written notice. 

B. Failure to comply with this section after being duly notified shall result in any or all of the 

following actions by the zoning officer or any authorized county official on behalf of the county: 

1. Maintain a civil action to prevent an unlawful sign use from occurring, to prevent its 

continuance or to restrain, correct, or abate any violation of this section; 

2. Directly issue and/or submit to the proper court for filing and processing an appropriate 

complaint charging an regulation violation. 

C. Any person owning, leasing, erecting, or controlling any sign in violation of the provisions of 

this section shall be guilty of a misdemeanor. Each day that the violation exists shall constitute a 

separate offense. 


Section 70 

VIOLATION, PENALTIES AND SEPARABILITY 

Sections: 

70.010 Complaints of alleged violations-Filing and recording. 

70.020 Violation-Penalty-Assisting or abetting-Additional remedies. 

70.010 Complaints of alleged violations - Filing and recording. 

Whenever a violation of this title occurs or is alleged to have occurred, any person may file a 

written complaint. Such complaint stating fully the causes and basis thereof, shall be filed with 

the planning director. He shall record property such complaint and immediately investigate and 

take action thereon as provided by this title. 

70.020 Violation-Penalty-Assisting or abetting-Additional remedies. 

A. Violation of the provisions of this title or failure to comply with any of its requirements 

including violations of conditions and safeguards established in connection with the grant of 

variances or conditional uses or any of the requirements for conditions imposed by the planning 

board and/or commission shall constitute a misdemeanor. Any person who violates this title or 

fails to comply with any of its requirements shall upon conviction thereof be fined not more than 

five hundred dollars or imprisoned not more than six months, or both, and in addition shall pay 

all costs and expenses involved in the case. Each day such violation continues shall be 

considered a separate offense and punishable as such. 

B. The code compliance officer is authorized to issue a notice to appear under the provisions of 

MCA 46-6-3 10 to any violator of this title. 

C. The owner or tenant of any building. structure, premises, or part thereof, and any architect, 

builder, contractor, agent or other person who commits, participates in, assists or maintains, such 

violation may each be found guilty of a separate offense and suffer the penalties herein provided. 

D. Nothing herein contained shall prevent the county from taking such other lawful action as is 

necessary to prevent or remedy any violation. 

F:\PLAN\ZONE\Donut\GC Bozeman Area ZoneReg 012301.doc 


ADOPTION 

These regulations were adopted by the Board of County Commissioners of Gallatin County by 

Resolution No. 1999-47 on July 27, 1999. 

Amended by Resolution 2000-132, December 27, 2000. 

Amended by Resolution 2001-09, January 23, 2001. 

BOARD OF COUNTY COMMISSIONERS 

GALLATIN COUNTY 

By 

Jennifer Smith Mitchell, Chairman 

ATTEST: 

Shelley Vance 

Clerk and Recorder

Zoning Regulation - Gallatin County, Montana

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