Individual zoning districts are adopted for the purposes described in section 38.100.040. Furthermore:

A.

A variety of districts is established to provide locations for the many uses needed within a healthy and dynamic community.

B.

Each district, in conjunction with other standards incorporated in this chapter, establishes allowable uses of property, separates incompatible uses, and sets certain standards for use of land.

C.

This provides predictability and reasonable expectation in use of land within particular zoning designations and sites.

D.

The zoning provisions implement the community goals and objectives that are contained in the city's adopted growth policy.

E.

Zoning districts and the zoning map communicate the City's expectation for land use in each particular district.

A.

The city is divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by this reference and declared to be a part of this chapter.

B.

The purpose statements for each zone and map designation set forth in part 2 of this division shall be used to guide the application of the zones and designations to all lands in the city. The purpose statements also shall guide interpretation and application of land use regulations within the zones and designations, and any changes to the range of permitted uses within each zone through amendments to this title. For the purpose of this chapter, the city is divided and classified into the following use districts:

C.

Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.

(Order No. 2018-01, § 4, 4-18-2018; Order No. 2019-01, 9-13-2019; Ord. No. 2104, § 13, 9-27-2022)

A.

The official maps must be available in the community development department and must bear a certificate with the signature of the mayor attested by the city clerk and the date of adoption of the ordinance codified in this chapter.

B.

This certificate should read as follows:

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 community development department must be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city.

A.

In the event that the official zoning maps become damaged, destroyed, lost or difficult to interpret because of the nature or number of changes or additions thereto, the city commission may adopt and certify new official zoning maps which must supersede the prior official zoning maps. The new official zoning maps may correct drafting or other errors or omissions in the prior map, but no such corrections shall have the effect of amending the original official zoning maps or any subsequent amendment thereof.

B.

If any changes to the map are made by amendment of this chapter in accordance with division 38.260 of this chapter, such changes must be made to the official zoning maps and signed, dated and certified upon the map or upon the material attached thereto. Interpretations per 38.300.050 and revisions to the map to accommodate annexations and other changes necessitating interpretation must be reflected.

C.

The new official zoning maps must be identified by signature of the mayor attested by the city clerk. The certificate should read as follows:

A.

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the boundaries must be interpreted as following the nearest logical line to that shown:

1.

Boundaries indicated as approximately following the centerline of streets, highways or alleys must be construed to follow such centerlines;

2.

Boundaries indicated as approximately following platted lot lines must be construed as following such lot lines;

3.

Boundaries indicated as approximately following city limits must be construed as following such city limits;

4.

Boundaries indicated as following railroad lines must be construed to be midway between the main track or rails;

5.

Boundaries indicated as following the centerline of streams, rivers, canals or ditches must be construed to follow such centerlines; and

6.

Boundaries indicated as parallel to or extensions of features indicated on the official zoning map must be determined by the scale of the map.

7.

When a parcel subject to two or more districts is subdivided and the district boundary is near a new parcel boundary the district must be construed to follow the new boundary.

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 community development director must interpret the district boundary. Such interpretation is subject to appeal as set forth in division 38.250 in this chapter.

C.

Where district boundaries divide a lot or parcel into two or more districts, the following rule applies:

For the purpose of determining permitted uses and development form and intensity, the community development director may allow minor adjustments (up to ten percent increase or decrease in area, not to exceed one acre, of either zone on the applicable lot) to the zoning boundary. The criteria for making such a determination must include an evaluation of site topography, proximity of non-compatible uses adjacent to the subject property, and overall function and integration of the development with the community.

A.

All territory which may hereafter be annexed to the city must, in conjunction with the annexation, be the subject of a zone map amendment in order to be designated and assigned to a city zoning district.

B.

Areas of annexed public right-of-way must be considered to be zoned according to the provisions of section 38.300.040.A. The city commission must determine the appropriate zoning for any and all areas to be annexed to the city but must request a recommendation from the zoning commission and must take into consideration the city growth policy. Any ordinance adopting such zoning amendment must not take effect prior to the effective date of such annexation.

The intent and purpose of the residential zoning districts is to establish areas within the city that are primarily residential in character and to set forth certain minimum standards for development within those areas. The residential districts also allow complementary non-residential uses. The purpose in having more than one residential district is to provide opportunities for a variety of housing types and arrangements within the community while providing a basic level of predictability. There is a presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. The presumption of compatibility may be overcome by a showing of specific evidence through the development review process that proves a development to be non-compliant with applicable standards.

Additional requirements for development apply within overlay districts. All development is subject to section 38.100.050. Residential density is correlated with many community goals and objectives that are contained in the city's adopted growth policy, as well as many standards and purposes of this chapter. Section 38.320.020 and Table 38.320.030 sets standards for minimum densities in residential districts which will advance these goals, objectives, and purposes.

A.

Residential suburban district (R-S). This district is not available for newly created subdivisions, undeveloped land, or any land annexed into the city on or after January 1, 2018. The intent and purpose of the R-S residential suburban district is to commemorate and preserve existing RS zoning only. These purposes are accomplished by:

1.

Allowing permitted uses in circumstances where environmental constraints limit the desirable density.

2.

Providing for a minimum lot size in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas.

B.

Residential low density district (R-1). The intent of the R-1 residential low density district is to provide for primarily single-household residential development and related uses within the city at urban densities. These purposes are accomplished by:

1.

Providing for a minimum lot size in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas.

2.

Providing for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area.

C.

Residential moderate density district (R-2). The intent of the R-2 residential moderate density district is to provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints. These purposes are accomplished by:

1.

Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas.

2.

Providing for community facilities to serve such development while respecting the residential quality and nature of the area.

Use of this zone is appropriate for areas with moderate access to parks, community services and/or transit.

D.

Residential medium density district (R-3). The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by:

1.

Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas.

2.

Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses.

Use of this zone is appropriate for areas with good access to parks, community services and/or transit.

E.

Residential high density district (R-4). The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by:

1.

Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas.

2.

Providing for a variety of compatible housing types, including single and multi-household dwellings to serve the varying needs of the community's residents.

3.

Allowing office use as a secondary use, measured by percentage of total building area.

Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services.

F.

Residential mixed-use high density district (R-5). The intent of the R-5 residential mixed-use high density district is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. These purposes are accomplished by:

1.

Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents.

2.

Allowing offices and small scale retail and restaurants as secondary uses provided special standards are met.

Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services.

G.

Residential-office district (R-O). The intent of the R-O residential-office district is to provide for and encourage the development of multi-household and apartment development and compatible professional offices and businesses that would blend well with adjacent land uses. These purposes are accomplished by:

1.

Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents.

Use of this zone is appropriate for areas characterized by office or multi-household development; and/or areas along arterial corridors or transitional areas between residential neighborhoods and commercial areas.

H.

Residential manufactured home community district (RMH). The intent of the RMH residential manufactured home community district is to provide for manufactured home community development and directly related complementary uses at a density and character compatible with adjacent development. Use of this zone is appropriate for existing mobile home parks and areas adjacent to commercial or mixed-use districts and/or served by transit.

(Ord. No. 2104, § 12, 9-27-2022)

The intent and purposes of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts.

A.

Neighborhood business district (B-1). The intent of the B-1 neighborhood business district is to provide for smaller scale retail and service activities frequently required by neighborhood residents on a day to day basis, as well as residential development as a secondary purpose, while still maintaining compatibility with adjacent residential land uses. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for areas functioning as a center for surrounding residential neighborhoods.

B.

Community business district (B-2). The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas served by transit.

C.

Community business district-mixed (B-2M). The intent of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit.

D.

Downtown district (downtown B-3). The intent of the downtown B-3 business district is to provide a central area for the community's business, government service and cultural activities with urban residential development as an essential supporting use. The downtown B-3 district should be the area of greatest density of development, intensity of use, and appropriate infill. Design standards reinforcing the area's historical pedestrian-oriented context are very important.

This district encourages high volume, pedestrian-oriented uses in ground floor space in the "core area" of the city's central business district, i.e., along Main Street from Grand to Rouse and to the alleys one-half block north and south from Main Street. Lower volume pedestrian uses such as professional offices may locate on ground floor space in the downtown B-3 area outside the above-defined core.

E.

Urban mixed-use zoning district (UMU) The intent and purposes of the UMU urban mixed-use district are to establish areas within the city that are mixed-use in character, and to set forth certain minimum standards for development within those areas which encourage vertical mixed-use development with high density. The purpose in having an urban mixed-use district is to provide options for a variety of employment, retail and community service opportunities within the community, with incorporated opportunity for some residential uses, while providing predictability in uses and standards to landowners and residents. There is a rebuttable presumption that the uses set forth for each district will be compatible both within the individual districts and with adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts.

1.

It is the further the intent of this district to:

a.

Allow complementary land uses which encourage mixed uses on individual floors including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality and to encourage the linking of trips;

b.

Foster the development of vertically oriented mixed uses, in contrast to single use development distributed along high vehicle capacity roadways;

c.

Encourage development that exhibits the physical design characteristics of vibrant, urban, pedestrian-oriented, storefront-style shopping streets with pedestrian amenities;

d.

Provide roadway and pedestrian connections to residential areas;

e.

Provide appropriate locations and design standards for automobile and truck-dependent uses;

f.

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

g.

Allow for urban oriented recreational activities consistent with the standards and intent of the district; and

h.

To encourage and support the use of sustainable building practices.

2.

To accomplish the intent of the district, the UMU district should ideally be located at the intersections of major traffic corridors; that is, at the intersections of two arterials, or, less frequently, an arterial and a collector street. The major intersections should have or be planned to have a stop light or other active traffic control. While placement at major intersections is a necessary precondition, not all major intersections should have the UMU district adjacent to them. Additionally, placement of this district should be adjacent or near to dense residential development to enhance walking and bicycle use.

F.

Residential emphasis mixed-use zoning district (REMU). The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by:

1.

Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments.

2.

Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential.

3.

Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting.

4.

Promoting neighborhoods that:

a.

Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles;

b.

Support compact, walkable developments that promote balanced transportation options;

c.

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

d.

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

e.

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

f.

Locate commercial uses within walking distance;

g.

Incorporate a wider range of housing types; and

h.

Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets.

5.

Providing standards and guidelines that emphasize a sense of place:

a.

Support or add to an existing neighborhood context;

b.

Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable;

c.

Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place;

d.

Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and

e.

Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets.

6.

Providing standards and guidelines that emphasize natural amenities:

a.

Preserve and integrate the natural amenities into the development; and

b.

Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood.

7.

Providing standards and guidelines that emphasize the development of centers:

a.

Group uses of property to create vibrant centers;

b.

Where appropriate create a center within an existing neighborhood;

c.

Facilitate proven, market driven projects to ensure both long and short-term financial viability;

d.

Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality;

e.

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

f.

Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and

g.

Maximize land use efficiency by encouraging shared use parking.

8.

Promoting the integration of action:

a.

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

b.

Encourage thoughtfully developed master planned communities;

c.

Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace;

d.

Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole;

9.

Providing standards and guidelines that promote sustainable design

Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types.

G.

Northeast historic mixed-use district—intent and purpose.

1.

The intent of the northeast historic mixed-use district is to provide recognition of an area that has developed with a blend of uses not commonly seen under typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in the city and should be preserved as a place offering additional opportunities for creative integration of land uses. The intent of this area is to allow private and case-by-case determination of the most appropriate use of land in a broad range of both non-residential and residential uses. Standards for buffering between different land uses are deliberately not as high as standards elsewhere in the community as it is assumed that persons choosing to locate in this area are aware of the variety of possible adjacent land uses and have accepted such possibilities as both acceptable and desirable. It is expected that the lots within this district will continue to develop under a variety of uses which may increase or decrease in scope in any given portion of the district.

2.

The clear intent of this district is to support a mix and variety of non-residential and residential uses. Nothing in division 38.300 of this article shall be interpreted to be discouraging or prejudicial to any listed use except as set forth as principal and special uses.

(Ord. No. 2124, § 20, 10-18-2022)

The intent and purpose of the industrial zoning districts is to establish areas within the city that are primarily industrial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one industrial district is to provide opportunities for a variety of employment and community service functions within the community while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts.

A.

Light manufacturing district (M-1). The intent of the M-1 light manufacturing district is to provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary.

B.

Manufacturing and industrial district (M-2). The intent of the M-2 manufacturing and industrial district is to provide for heavy manufacturing and industrial uses, servicing vocational and employment needs of city residents.

C.

Business park district (B-P). The intent of the B-P business park district is to provide for high quality settings and facilities for the development of a variety of compatible employment opportunities. These areas should be developed so as to recognize the impact on surrounding or adjacent development and contribute to the overall image of the community. Compatibility with adjacent land uses and zoning is required.

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.