Bozeman, MT, Code of Ordinances
Updated December 2019
By: City of BozemanReport a broken link
Table of Contents
The city's unified development code permits internal, attached, or detached accessory dwelling units (ADUs) by right in most residential zoning districts. Use-specific standards address maximum occupancy, number of ADUs per lot, location, parking, unit size, design requirements, unit height, garage conversions, and compliance with minimum standards.
The city’s code of ordinances allows exceptions to setback requirements for properties with low-impact development (LID) tactics, describes criteria for the use of LID in plan review, and includes the use of LID in criteria for planned unit developments (PUDs). It considers the exemption of LID tactics for a restriction on stormwater facilities not occupying more than one-third of a required front setback (§38.410.080.F). It includes objectives for the planning and design of all non-subdivision development to enhance the natural environment with LID (§38.230.100.A.8.a) and respect the existing natural environment to contribute to the overall aesthetic quality (§22.214.171.124.c). The code of ordinances requires PUDs to earn 20 performance points in total with the use of LID tactics valued at six points; these tactics must be integrated with a snow storage and management plan and at least 75% of the plants be chosen from a designated list (§38.430.090.E.2.a.7.f).
Bozeman was sued in 2009 for fair housing issues and made related amendments to its codes in 2012.
The city's unified development code defines "community residential facility" as those licensed by the state department of public health and human services, including those for the disabled (§38.42.660).
Community residential facilities serving 8 or fewer residents are permitted by right in all residential and most commercial and mixed use districts; those serving 9 or more are conditional uses in the R-3 district and certain commercial districts and permitted by right in multifamily and mixed use residential districts (§38.08.020, Table 38.08.020, et al.).
Parking requirements for community residential facilities are 0.75 spaces per person of approved capacity, or fewer if residents are prohibited from driving (§38.25.040).
The code also establishes a procedure for requesting reasonable accommodation by the disabled (§38.35.090).
The city’s codified ordinances establish a Historic Preservation Advisory Board (§2.05.850-1090) and a Neighborhood Conservation Overlay District (§38.340.010-130). The Board serves primarily an advisory role to property owners and city departments but also has the power to review and process applications for tax abatement. Work performed on the exterior of properties in a Neighborhood Conservation Overlay Districts are required to obtain a certificate of appropriateness subject to design review by the Board.
The city’s environment and health code permits multiple types of medical-marijuana-related uses, subject to licensing standards (§16.08.010 et seq.). It defines “marijuana storefront/retail locations,” “marijuana delivery,” and “marijuana growing and/or processing.” Its licensing standards address inspections and security.
The city’s unified development code includes use-specific standards for medical-marijuana-related activities, but does not define marijuana businesses as distinct uses (§38.22.220). Its use-specific standards address separation from schools, zoning district use permissions, home cultivation in accordance with state law, building modifications for change in occupancy type, emissions, verification of caregiver status, and property owner rights.
The city's animal control ordinance was amended in 2009 to allow for the keeping of chickens (§8.02.070). It allows 4 chickens single-household or common-ownership residential parcels of 3,000 SF, with 1 additional hen per 1,000 SF up to a maximum of 15. Roosters are prohibited; the code addresses enclosures, sanitation, and setbacks. A city permit is required; the code lists application requirements. A hearing is required for keeping more than 7 hens.
2010 Population: 37,280
2010 Population Density: 1,949.99/square mile