Land Use Regulations FAQ

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.
2. 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. 
3. 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.
4. 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.
5. A recorded plat may be vacated by action of the City Commission or the district court.

1. An applicant may make minor adjustments to property lines between lots and many other aspects of a subdivision so long as they remain in compliance with development standards and do not change the intent, nature or scope of a subdivision. Examples of changes to scope include adding additional lots to the subdivision or incorporating additional land to the area of the subdivision. Examples of changes to the nature of a subdivision include significant alterations to the street or park systems, changing from single home to multi-home lots in a substantial portion of the subdivision, excluding sections of the subdivision necessary to ensure adequate infrastructure connections, or changing phasing so that development standards are no longer satisfied. Subdividers routinely adjust phasing of final plats which is fine so long as the infrastructure is functional and conditions of approval are met.
2. A developer may request changes to the approval and associated findings of fact when it can be found that errors or changes beyond the control of the developer have rendered a condition unnecessary, impossible, or illegal. Although rare, this does occur occasionally. The City Commission must approve this request.
3. A subdivider may request a change to conditions or to materially alter a preliminary plat at any time through repeating the subdivision process.
4. A subdivider may request an extension to the approval period for the subdivision. Extensions must be approved by the City Commission. Both local ordinance and state law limit the duration of a subdivision approval. Once that duration has been exceeded a subdivider must go back through the subdivision review process to renew the approval.

The City has two means of checking your zoning. A static PDF map of the City's zoning is available through the geographic information systems website. A dynamic map that provides opportunity to search by address is also available through the geographic information systems website. A description of the various uses authorized in each zoning district is contained in the Unified Development Code, Articles 38.08 - 38.18.

The use or sale of medical marijuana is subject to both state law and local ordinance. Whichever is the most restrictive standard governs. The City has adopted local regulations which address both land development and other activies to minimize conflicts. Establishment of a business requires a business license, site development approval as does any other business, and compliance with specific zoning standards.

Codification is the process where all of the City's ordinances passed to date are collected and integrated into a single comprehensive document. The process of codification does not include substantive changes to the content of the City's ordinances. However, it will include updates of references, titles, and other editorial improvements.

The City's codification process created a single point of contact website where the entire City municipal code is available electronically. This new draft is searchable and allows ready access to any portion of the municipal code regardless of which department has primary admistration of the section. The electronic verision will be regularly updated with new ordinances as they are approved by the City Commission.

1. Large logos and/or proprietary colors used over large expanses of a building.
2. Branded buildings are difficult to reuse if vacated by the primary business, promoting vacancies and blight.
3. Buildings lack architectural elements, materials, and design consistent with the local community’s architectural composition, character, vernacular, and historic con­text.
4. Architectural variety enriches communities and celebrates the distinctions between different peo­ple and places. The quality of the built environ­ment influences the ability to attract and retain businesses, residents, and tourists. Increased ar­chitectural standardization leads to barren city landscapes and communities devoid of authentic­ity and charm.
5. Franchise architecture has the effect of making the entire building into a sign or branded element for a specific business which generates unfair competitive advantage to one business over another and is counter to the purpose and standards of the City’s design and sign regulations.
6. Franchise architecture commonly uses materials of low quality which quickly show wear and can be difficult to repair well.
7. Little variation in building design from site to site reduces sense of place. Carefully conceived variation in building design and the use quality materials can allow thematic consistency without creating franchise architecture.

• Physical similarity of construction within a range. This could be by age of structures, materials and architectural style or period. Uniformity is not required although there is a general harmony.
• Common attributes of physical layout of development such as patterns of street direction and block sizing.
• Being contained within visible outward boundaries. A neighborhood may be bounded by other neighborhoods which are visually distinct such as a transition from residential to commercial. Physical items such as railroad lines or rivers can also be boundaries.
• Residents/owners sharing common spaces such as parks or centralized shopping.
• A neighborhood’s perceived size may be influenced by the time it takes to cross it. A larger neighborhood provides opportunities for greater diversity in other factors. A five minute walking time is a commonly used threshold. As physical vigor differs between people, the physical distance a five minute walk covers will also differ. The physical layout such as directness of walking connections and steepness of slope of the ground also cause variation in distance traveled.
• Relationship of expected uses. A neighborhood often has a dominant use or narrow group of related uses of property. Distinct uses which provide frequently required supportive services may also be present. These are often located in a central area.
• Casual social awareness of who belongs. This is a recognition that develops over time of which persons are residents or users of the neighborhood even it their name is not specifically known.
• Service boundaries for a significant social function such as a local school.
• Defining physical features such as the Rimrocks, a large and easily visible physical demarcation and orientation point. The physical feature can be either natural or manmade such as a ‘downtown’ neighborhood.

The City conducts different kinds of reviews for different purposes. This is a summary of the different kinds of approvals which may be issued and what they allow to be done. There will be additional nuances which may apply to your project. Depending on what you want to do, more than one of these reviews may need to occur in sequential order. Please contact us if you have questions.

Subdivision reviews - these focus on legal boundaries and descriptions of property and infrastructure to support a future development

• Subdivision exemption - primarily allows modifications to the configuration of existing parcels of land. They can move lot boundaries or consolidate lots into larger parcels.
• Subdivision preliminary plat - gives preliminary approval to begin the process to develop a subdivision. After this approval water and sewer mains and streets can be installed and parkland developed. No lot may be sold at this point.
• Subdivision final plat - gives approval to record a final plat at the Gallatin County Clerk and Recorder. After recording, lots may be sold and transfered to others.

Zoning Reviews - these focus on the actual use of land, building layout and design, and a higher degree of detail.

• Special Temporary Use Permit - allows short term use of property and has an expedited review period and lesser application requirements.
• Certificate of Appropriateness - a component of site plan or sketch plan review that focuses on the architectural and site design and its compatability to adjacent properties and district. These are done in historic areas and in major entryways to the community.
• Sketch Plan - the least intensive site development review, these focus on smaller and simpler projects such as a single home on a single lot.
• Reuse - a review to check for compliance with certain sections of the code and safety as non-residential development changes from one use to another on a site. Upgrades to existing sites overtime are encouraged.
• Site Plan - a review for larger more complex projects of any type including multiple buildings, large residential complexes, and commercial buildings. Phased construction of larger projects can be proposed.
• Master Site Plan - a review for long term complex site development of up to five years. Residential and/or non-residential uses can be included depending on the site location and zoning district.
• Conditional Use Permit - a review for applications where additional review criteria and processing are required. Specific uses are identified in each zoning district as needed a conditional use permit rather than a site plan review.
• Planned Unit Development - a review which allows alternatives to established standards to be proposed in an exchange for a superior development outcome. The significant flexibility allowed with this review is paired with additional review criteria to ensure that the needs and rights of all parties remain in balance.
• Final Site Plan - a final review of a site plan, master site plan, or planned unit development which shows how any special conditions of approval or required corrections have been made. The final site plan is the final step to obtain zoning authority entitlements to begin use of land or construction.
• Deviation - a special review connected with a certificate of appropriateness where a special exception to the City's standards is allowed due to design excellence or superior historic compatability compared to what otherwise would have been possible following the direct application of adopted standards.
• Variance - a special review intended to allow for relief when the City's standards applied to a specific site create an unequal and extreme burden that is not shared by others in the same zoning district. There are very strict criteria for issuance of a variance.