Frequently Asked Questions (FAQ)

Yes, there are procedures to allow for changes to any form of zoning approval. In most cases, changes are reviewed and approved administratively. Given the wide range of site development possibilities, please contact the Planning Department to discuss any desired changes.

After Final Plat:

1. There are many types of exemptions authorized by various sections of the Montana Subdivision and Platting Act (MSPA). Exemptions are set out in Part 2 of the MSPA. An exemption gets its name from the fact that it is exempt from the public review process and criteria of Parts 5 and 6 of the MSPA. The review of an exemption is primarily handled at an administrative level. Some subdivision exemptions are an expedited process which allows small changes to a recorded plat. Subdivision exemptions are primarily regulated under Chapter 18.10 of the municipal code. There is an appeal process should the applicant disagree with an administrative decision. Each exemption has to be evaluated to determine if it is an effort to evade the requirements of the MSPA.

Most exemptions seen in the City of Bozeman are related to the modification of property line locations. These are governed by Section 76-3-207, MCA. Property boundaries can be moved between parcels, can consolidate parcels into bigger lots, and can move boundaries between land within a subdivision and adjacent unplatted property. An exemption cannot alter six (6) or more parcels. Changes affecting six or more parcels require processing as a formal subdivision review. An exemption typically requires preparation of a formal survey and filing of an amended plat with the Gallatin County Clerk and Recorder. An exemption typically takes 2-3 weeks to process. 

2. The owner of subdivided land may make significant changes to any aspect of a subdivision including the lot and street layout, conditions of approval, or other material concerns by repeating the subdivision process for some or all of the property. Large scale changes can have substantial changes to infrastructure which can be costly. Replatting the property requires consent of all of the owners and can therefore be difficult to coordinate, but it is possible.

3. If an error is found an amended plat may be filed to correct the error. These plats are reviewed as first minor subdivisions which have an expedited review process.

4. A recorded plat may be vacated by action of the City Commission or the district court.

The Department of Planning and Community Development (DPCD) administers and enforces regulations relating to the subdivision, development, and use of property. These responsibilities are authorized, and in the case of subdivisions mandated, by state law. To be effective, an ordinance or law requires a means of enforcement.

The primary intent and focus of the DPCD is on obtaining compliance with the regulations, not on punishing people. The regulations we enforce are enacted by the City Commission after public hearings and other opportunities for public participation. They are not created by the staff. Many people fail to follow the regulations because they are unaware of the rule and are willing to correct a situation when they learn of the requirement. To that end we always make a simple request to comply and explain what the problem is before taking any other action. Typically, DPCD is made aware of a problem through receipt of a complaint. Responding to complaints is normally prioritized over items observed by the Staff.

When the DPCD does need to direct the correction of a violation the difficulty of making the changes needed to comply is taken into account. Sometimes it is a very easy thing and compliance is directed to occur quickly. More complex changes are given additional time. If someone lets us know that they are in a circumstance where the compliance schedule is unattainable we work with that person to find an alternative. Again, our focus is on resolving the violation, preferably in a mild manner. The various enforcement tools are described in Section 18.64.160 of the Bozeman Municipal Code.

State enabling legislation for subdivision and zoning includes a directive that a violation of the local regulations adopted under the state authority is a misdemeanor. The state law specifies maximum penalties if a conviction under the misdemeanor occurs. These maximums are six months in jail or a $500 fine, no minimum penalties are specified. A misdemeanor is a criminal violation and therefore requires all the protections and safeguards to the citizen of any other misdemeanor. No DPCD staff can issue a fine or send someone to jail. The DPCD staff can, if necessary, issue a citation and direct someone to comply with the law. If the person chooses not to comply, then the City Attorney’s office must begin a prosecution, a judge must hold a trial, and the person must be found guilty before any fine or jail time could be imposed. This is a lengthy and resource consumptive process for all parties and is a last resort and avoided when other alternatives will correct the situation. A misdemeanor charge would only be pursued for those who repeatedly refuse to comply after having been given multiple opportunities to correct the violation. Despite the extreme rarity of its use, the misdemeanor option gets all the publicity.

In order to avoid having to use the misdemeanor enforcement process, the City has created or utilizes other tools which are less confrontational and difficult. As stated, the first tool is to simply inform and request the person to comply. Many times this resolves the matter and no further action is required. This is always the preferred approach and outcome. If asking does not give proper results then the City may use one of its civil processes such as: a municipal infraction similar to a parking ticket, asking a judge for an injunction to require someone to stop the violation, or recording a notice of non-compliance.

There are several on-line resources available to help owners and interested parties learn about their property and about the historic development of Bozeman. These are available through the Historic Preservation link on the left side of the Planning Department.

Illustrated development standards have been created to help provide clear direction for development, renovation, and changes to buildings in the historically significant areas of town. A map of the areas where review for historic compatibility is required is also available. These are available through the Land Use Regulations link the left side of the Planning Department web page.

The City has made the necessary forms available through its web site. The City's applications are modular and most applications require both the Development Review Application and one or more checklist attachments. The forms do change from time to time so it is always best to get a fresh form each time. Applications are due to the City each Wednesday by 5 pm.

The City limits are shown in red. There are some small in-holdings of unannexed property within the City's outer boundaries.

• Subdivisions –  Article 38.03, UDC
• Site development – Article 38.19, UDC
• Certificate of Appropriateness (Historic) –  Article 38.16, UDC Design Guidelines
• Certificate of Appropriateness (Entryways) –  Article 38.17, UDC Design Guidelines

1.  Protect the public health and safety and advance the well being of the community at large, while respecting and protecting the interests of individuals within the community.
2.  Provide a supportive framework for private action which balances the rights and responsibilities of many persons.
3. Facilitate the democratic development of the public policies and regulations that guide the community.
4. Improve the physical environment of the community as a setting for human activities, more functional, beautiful, healthful, and efficient.
5. Coordinate technical knowledge, political will, and long-range thinking in community development in both short and long term decisions.
6. Identifies the citizen's goals and priorities for their community and how they wish to carry out those ideals.
7. Encourage efficiency and effectiveness by government through coordinated policies and programs.
8. Serves as a reference bench mark for community priorities, physical attributes such as size, and social and economic information such as housing and jobs. A growth policy is an abstract of a community.
9. Support economic development by providing basic information about the community to prospective citizens and employers. A well done, and implemented, plan shows that a community is actively trying to improve their area.

Zoning regulations create the three-dimensional building envelope and set basic site layout standards. But by their nature these regulations cannot be site specific - instead, they establish general regulations for every parcel within a particular district. Site plan review allows a community to look at the specific location of the use or structure; the layout of the site, including pedestrian and auto circulation... It drills down through the intent of the zoning regulations to the level of a specific parcel. Site plan review allows both quantitative and qualitative assessment based on standards, principles, and guidelines... The end result of the process is the implementation of community design and development policies, which have been tailored to fit the realities of a site. Site plan review also creates a forum where technical planning issues can be resolved. (Zoning Practice 11/2007, American Planning Association)

A sign is defined in Section 38.42.2840, Sign: “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.” This is a broad definition and includes things which may not have text. Some purely graphical images such as logos can serve as advertising and are therefore regulated as signs.

There are several different types of signs which a business may wish to use. These include free standing signs, window signs, and wall signs. As you travel through Bozeman there is a great diversity of sign types, designs, and placement which have successfully been permitted. Each has its benefits and different businesses chose different types of signs as they think will be most effective. Although there are some regulatory standards which differ among types of signs, there is a maximum amount of sign area allowed at each site.

A window sign is defined in Section 38.42.3280, Window Sign: “Any sign painted, attached, glued or otherwise affixed to a window for the purpose of being visible from the exterior of the building.”

The sign regulations of Chapter 38, BMC have certain exemptions for signs which do not require a permit before being displayed. This is provided as a convenience to the business owner and allows flexibility for short term signs without the business owner being required to follow the general permitting process while ensuring that total sign area remains controlled. These exemptions are described in part in Section 38.28.050.A.2.a, Signs Exempt From Permit Requirements: “Window signs painted on the window or physically affixed to the interior of a window, provided that such signs do not occupy more than 25% of the area of the window in which it is displayed. If it exceeds 25% of the area of the window, it will be classified as a wall sign.”

Window signs are allowed in Bozeman. Sometimes they need a permit, and sometimes their size may be restricted to comply with regulations. The simplest way to find out about a possible and what it may require is to check with the Planning Department and we will be happy to answer questions.”