10-2-3: USE PERMISSIONS AND INTERPRETATION:

   A.   Development and use regulations and standards are included in each district and zone below.

   B.   Permitted Uses and Conditional Uses for each district and zone are set forth within each section. Permitted Uses shall include all Accessory Uses, as such term is defined within this Code, except as expressly set forth herein. Conditional Uses require the grant of a Conditional Use permit.

   C.   It is recognized that this Code may require interpretation to assign all possible uses to individual zones or districts. Therefore, any use which is not specifically set forth in this Code shall be reviewed by the Community Development Director or a designee for consistency with the intent set forth in each district and for compatibility with use characteristics typical of uses permitted within those zones or districts. Based upon this review, the Community Development Director shall determine the appropriate district or zone for any use which is not specifically set forth herein. In case of disagreement with the determination of the Director of Development in assigning a use to an appropriate district or zone, any aggrieved party may file an appeal with the Board of Adjustments.

Table 10-2: Districts and District Abbreviations

DISTRICT ABBREVIATION	DISTRICT
R	Rural District
N	Neighborhood Residential District
RS	Residential Suburban District
MR	Mixed Residential District
CL	Community Living District
CC	Commercial Corridor District
MU	Mixed Use District
DD	Downtown District
FE	Flex Employment District
ID	Innovation District
I	Industrial District
EI	Educational and Institutional District
OSP	Open Space & Parks District
AD-A	Airport District A
AD-B	Airport District B

Rural District (R)

Intent: Preserve agricult ural uses and open space and discoura ge small lot development.

Lot Dimensions
Minimum Lot Size (square feet)	40,000
Minimum Frontage (lineal feet)	100
Min. Front Setback (lineal feet)	35
Max. Front Setback (lineal feet)	-
Side Setback (lineal feet)	10
Secondary Street Front Setback (lineal feet)	25
Rear Setback (lineal feet)	25

 

 

Building and Site Standards
Height Maximum (feet) to peak	40
First Floor Height Min. (feet)	-
Maximum Projection from Primary Structure (feet)	8
Floor Area Ratio	-
Location of Parking	Within or below building, or in rear yard or side yard
Pervious Surface Minimum (grass or landscaped) (%)	40%

 

Neighborhood Residential District (N)

Intent: Provide flexibility for lower density residential development utilizing either traditional building practices or manufactured homes with lot sizes between 4,000 and 10,000 sf

Lot Dimensions
Minimum Lot Size (square feet)	4,000
Minimum Frontage (lineal feet)	25
Min. Front Setback (lineal feet)	20 with 25' from the garage
Max. Front Setback (lineal feet)	-
Side Setback (lineal feet)	5
Secondary Street Front Setback (lineal feet)	10 with 15' from the garage
Rear Setback (lineal feet)	10

 

 

Building and Site Standards
Height Maximum (feet)	35
First Floor Height Min. (feet)	-
Maximum Projection from Primary Structure (feet)	8
Floor Area Ratio	-
Location of Parking	Within or below building, or in any yard on driveway (paved surface proceeding from curb cut to garage, which does not exceed width of garage at any point)
Pervious Surface Minimum (grass or landscaped) (%)	20%

 

Residential Suburban District (RS)

Intent: Flexibility for existing residences and flexibility for new subdivisions.

Lot Dimensions
Minimum Lot Size	12,000 sf.
Minimum Frontage (lineal feet)	80
Min. Front Setback (lineal feet)	25
Max. Front Setback (lineal feet)	-
Side Setback (lineal feet)	8
Secondary Street Front Setback (lineal feet)	25
Rear Setback (lineal feet)	20

 

 

Building and Site Standards
Height Maximum (feet)	35
First Floor Height Min. (feet)	-
Maximum Projection from Primary Structure (feet)	8
Floor Area Ratio	-
Location of Parking	In any yard on driveway (paved surface proceeding from curb cut to garage, which does not exceed width of garage at any point)
Pervious Surface Minimum (grass or landscaped) (%)	20%

 

Mixed Residential District (MR)

Intent: Permit multi-unit residential uses in a diversity of housing types with a mix of neighborhood amenities.

Lot Dimensions
Minimum Lot Size (square feet)	2,500
Minimum Frontage (lineal feet)	25
Min. Front Setback (lineal feet)	10 with 25' from the garage
Max. Front Setback (lineal feet)	-
Side Setback (lineal feet)	5 / 0 for horizontally attached Structures
Secondary Street Front Setback (lineal feet)	10 with 25' from the garage
Rear Setback (lineal feet)	10

 

 

Building and Site Standards
Height Maximum (feet)	50
First Floor Height Min. (feet)	-
Maximum Projection from Primary Structure (feet)	8
Floor Area Ratio	-
Location of Parking	Within or below building, or in rear yard or side yard and driveway
Pervious Surface Minimum (grass or landscaped) (%)	20%

 

Community Living District (CL)

Intent: Accommodate Belgrade’s densest housing types and a mix of neighborhood amenities.

Lot Dimensions
Minimum Lot Size (square feet)	5,000
Minimum Frontage (lineal feet)	25
Min. Front Setback (lineal feet)	25
Max. Front Setback (lineal feet)	-
Side Setback (lineal feet)	5 / 0 for horizontally attached Structures
Secondary Street Front Setback (lineal feet)	10
Rear Setback (lineal feet)	10

 

 

Building and Site Standards
Height Maximum (feet)	50
First Floor Height Min. (feet)	-
Maximum Projection from Primary Structure (feet)	8
Floor Area Ratio	-
Location of Parking	Within or below building, or in rear yard or side yard
Pervious Surface Minimum (grass or landscaped) (%)	30% (no less than 20% of the site where multiunit residential uses are found should be shared greenspace)

 

Commercial Corridor District (CC)

Intent: Foster flexibility to promote infill and adaptive reuse while maintaining ease of access for cars.

Lot Dimensions
Minimum Lot Size (square feet)	4,000
Minimum Frontage (lineal feet)	25
Min. Front Setback (lineal feet)	20
Max. Front Setback (lineal feet)	-
Side Setback (lineal feet)	5 / 0 for horizontally attached Structures
Secondary Street Front Setback (lineal feet)	20
Rear Setback (lineal feet)	10

 

 

Building and Site Standards
Height Maximum (feet) to peak	60
First Floor Height Min. (feet)	-
Maximum Projection from Primary Structure (feet)	8
Floor Area Ratio	-
Location of Parking	-
Pervious Surface Minimum (grass or landscaped) (%)	30%

 

Mixed-Use District (MU)

Intent: Foster a variety of amenities such as retail, dining, and office to serve nearby residential areas, with option for apartments above commercial uses.

Lot Dimensions
Minimum Lot Size (square feet)	2,500
Minimum Frontage (lineal feet)	25
Min. Front Setback (lineal feet)	0
Max. Front Setback (lineal feet)	30
Side Setback (lineal feet)	5 / 0 for horizontally attached Structures
Secondary Street Front Setback (lineal feet)	10
Rear Setback (lineal feet)	20

 

 

Building and Site Standards
Height Maximum (feet) to peak	50
First Floor Height Min. (feet)	12
Maximum Projection from Primary Structure (feet)	8
Floor Area Ratio	-
Location of Parking	Within or below building, or in rear yard or side yard
Pervious Surface Minimum (grass or landscaped) (%)	-

Downtown District (DD) - Main Street

Intent: Preserve the architectural character of the downtown area (possibly with historic regulations) while allowing variety of use.

Lot Dimensions
Minimum Lot Size (square feet)	2,500
Minimum Frontage (lineal feet)	25
Min. Front Setback (lineal feet)	-
Max. Front Setback (lineal feet)	15 (not to exceed 25% of street frontage)
Side Setback (lineal feet)	-
Secondary Street Front Setback (lineal feet)	-
Rear Setback (lineal feet)	-

 

 

Building and Site Standards
Height Maximum (feet) to peak	60
First Floor Height Min. (feet)	12
Maximum Projection from Primary Structure (feet)	8
Floor Area Ratio	-
Location of Parking	Within or below building, or in rear yard or side yard
Pervious Surface Minimum (grass or landscaped) (%)	-

 

 

Design Standards (Commercial & Mixed Use)
Front Transparency (Commercial Buildings, New Build)	65% of front elevation between two (2) and ten (10) vertical feet shall be glazed openings (windows/doors)
Design Standards (Commercial)	See Note 1
Front Facade Materials	See Note 3
Street Trees	Located in front yard, corner yard, or tree lawn; one shade tree per 30 full feet of street frontage. Buildings that have less than a five foot (5') setback are exempt from this street tree requirement.
Non-Monotony**	25' max uninterrupted facade facing a street or public space. **No building constructed prior to 1950 shall be demolished in the Downtown District unless granted approval from the Planning Board, and the building is deemed to: 1. Be structurally compromised, 2. Have no economically viable use.

 

 

Note 1: Building and Site Design Standards
At least three (3) of the following different building or design features shall be provided:
Pedestrian Projection (Awning or Canopy) Articulated Corner Facade (on corner lot only) Raised belt Courses at Top and Mid-Point of Building Decorative Brickwork on Front Facade Green Roof or Solar Panel Installation Enhanced Tree Canopy by Minimum 20% (beyond minimum tree plantings and landscaping required)	Green Infrastructure to Replace Greywater Runoff Structures (bioswales, rain garden, or retention pond with adjacent decorative plantings that take the place of greywater runoff solutions) Permeable Pavers for All Paved Surfaces (emergency vehicle lane may be paved with an impermeable material)	Front Courtyard (must be grass- or garden- covered, pathways may be hardscaped) Triple-Paned Glass Windows Rotary Doors Bicycle Parking Electrical Vehicle Charging Stations

 

Note 2: Reserved

 

Note 3: Downtown District Building Materials
APPROVED		ADMINISTRATIVE APPROVAL	PROHIBITED
Brick	Stucco/plaster	High Quality Synthetic Materials	Exterior Insulation Finish System (EIFS)
Stone	Concrete Cladding	Metal Fiber Cement	Vinyl Siding
Glass	Weather-proof Wood	Concrete Block
Architectur al Metal	Any Durable Natural Material	*Need definition for structurally compromised
Terra Cotta

 

Downtown District (DD) - Central Avenue, South Broadway, And Madison Avenue
Intent: Preserve the architectural character of the downtown area (possibly with historic regulations) while allowing variety of use.

Lot Dimensions
Minimum Lot Size (square feet)	2,500
Minimum Frontage (lineal feet)	25
Min. Front Setback (lineal feet)	-
Max. Front Setback (lineal feet)	15 (not to exceed 25% of street frontage)
Side Setback (lineal feet)	-
Secondary Street Front Setback (lineal feet)	-
Rear Setback (lineal feet)	-

 

 

Building and Site Standards
Height Maximum (feet) to peak	60
First Floor Height Min. (feet)	12
Maximum Projection from Primary Structure (feet)	8
Floor Area Ratio	-
Location of Parking	Within or below building, or in rear yard or side yard
Pervious Surface Minimum (grass or landscaped) (%)	-

 

 

Design Standards (Commercial & Mixed Use)
Front Transparency (Commercial Buildings, New Build)	50% of linear frontage at ground floor should be glazed openings (windows/doors)
Design Standards (Commercial)	See Note 1
Front Facade Materials	See Note 3
Street Trees	Located in front yard, corner yard, or tree lawn; one shade tree per 30 full feet of street frontage
Non-Monotony**	25' max uninterrupted face **No building constructed prior to 1950 shall be demolished in the Downtown District unless granted approval from the Planning Board, and the building is deemed to: 1. Be structurally compromised, 2. Have no economically viable use.

 

 

Note 1: Building and Site Design Standards
At least three (3) of the following different building or design features shall be provided:
Pedestrian Projection (Awning or Canopy) Articulated Corner Facade (on corner lot only) Raised belt Courses at Top and Mid-Point of Building	Green Infrastructure to Replace Greywater Runoff Structures (bioswales, rain garden, or retention pond with adjacent decorative plantings that take the place of greywater runoff solutions)	Front Courtyard (must be grass- or garden- covered, pathways may be hardscaped) Triple-Paned Glass Windows Rotary Doors
Decorative Brickwork on Front Facade Green Roof or Solar Panel Installation	Permeable Pavers for All Paved Surfaces (emergency vehicle lane may be paved with an impermeable material)	Bicycle Parking Electrical Vehicle Charging Stations
Enhanced Tree Canopy by Minimum 20% (beyond minimum tree plantings and landscaping required)

 

Note 2: Reserved

 

Note 3: Downtown District Building Materials
APPROVED		ADMINISTRATIVE APPROVAL	PROHIBITED
Brick	Stucco/plaster	High Quality Synthetic Materials	Exterior Insulation Finish System (EIFS)
Stone	Concrete Cladding	Metal Fiber Cement	Vinyl Siding
Glass	Weather-proof Wood	Concrete Block
Architectur al Metal	Any Durable Natural Material	*Need definition for structurally compromised
Terra Cotta

 

Downtown District (DD) - All Other Areas

Intent: Preserve the architectural character of the downtown area (possibly with historic regulations) while allowing variety of use.

Lot Dimensions
Minimum Lot Size (square feet)	2,500
Minimum Frontage (lineal feet)	25
Min. Front Setback (lineal feet)	-
Max. Front Setback (lineal feet)	30
Side Setback (lineal feet)	-
Secondary Street Front Setback (lineal feet)	-
Rear Setback (lineal feet)	-

 

 

Building and Site Standards
Height Maximum (feet) to peak	60
First Floor Height Min. (feet)	12
Maximum Projection from Primary Structure (feet)	8
Floor Area Ratio	-
Location of Parking	Within or below building, or in rear yard or side yard
Pervious Surface Minimum (grass or landscaped) (%)	-

 

 

Design Standards (Commercial & Mixed Use)
Front Transparency (Commercial Buildings, New Build)	On facades that front a street, windows shall comprise the following percentages of the facade area between two (2) and ten (10) feet above grade: 1. Office distribution and light industrial buildings - twenty-five (25%) percent. 2. All other buildings - forty (40%) percent. 3. Residential buildings - twenty-five (25%) percent. 4. Agricultural buildings - exempt.
Design Standards (Commercial)	See Note 1
Front Facade Materials	See Note 3
Street Trees	Located in front yard, corner yard, or tree lawn; one shade tree per 30 full feet of street frontage
Non-Monotony**	25' max uninterrupted face **No building constructed prior to 1950 shall be demolished in the Downtown District unless granted approval from the Planning Board, and the building is deemed to: 1. Be structurally compromised, 2. Have no economically viable use.

 

 

Note 1: Building and Site Design Standards
At least three (3) of the following different building or design features shall be provided:
Pedestrian Projection (Awning or Canopy) Articulated Corner Facade (on corner lot only) Raised belt Courses at Top and Mid-Point of Building	Green Infrastructure to Replace Greywater Runoff Structures (bioswales, rain garden, or retention pond with adjacent decorative plantings that take the place of greywater runoff solutions)	Front Courtyard (must be grass- or garden- covered, pathways may be hardscaped) Triple-Paned Glass Windows Rotary Doors
Decorative Brickwork on Front Facade Green Roof or Solar Panel Installation	Permeable Pavers for All Paved Surfaces (emergency vehicle lane may be paved with an impermeable material)	Bicycle Parking Electrical Vehicle Charging Stations
Enhanced Tree Canopy by Minimum 20% (beyond minimum tree plantings and landscaping required)

 

Note 2: Reserved

 

Note 3: Downtown District Building Materials
APPROVED		ADMINISTRATIVE APPROVAL	PROHIBITED
Brick	Stucco/plaster	High Quality Synthetic Materials	Exterior Insulation Finish System (EIFS)
Stone	Concrete Cladding	Metal Fiber Cement	Vinyl Siding
Glass	Weather-proof Wood	Concrete Block
Architectur al Metal	Any Durable Natural Material	*Need definition for structurally compromised
Terra Cotta

 

Flex Employment District (FE)

Intent: Flexibility to combine light industrial, R&D, tech, office, commercial uses to provide maximum flexibility for a robust mix of employment uses and business amenities

Lot Dimensions
Minimum Lot Size (square feet)	4,000
Minimum Frontage (lineal feet)	35
Min. Front Setback (lineal feet)	20
Max. Front Setback (lineal feet)	-
Side Setback (lineal feet)	10
Secondary Street Front Setback (lineal feet)	20
Rear Setback (lineal feet)	20

 

 

Building and Site Standards
Height Maximum (feet)	70
First Floor Height Min. (feet)	-
Maximum Projection from Primary Structure (feet)	8
Floor Area Ratio	-
Location of Parking	Side or Rear Yard
Pervious Surface Minimum (grass or landscaped) (%)	20%

 

Innovation District (ID)

Intent: Accommodate the existing industrial and commercial uses while also permitting other employment and appropriate residential uses like live-work units and multi-unit structures in a manner that is flexible and compatible.

Lot Dimensions
Minimum Lot Size (square feet)	3,000
Minimum Frontage (lineal feet)	25
Min. Front Setback (lineal feet)	0
Max. Front Setback (lineal feet)	-
Side Setback (lineal feet)	10 / 0 for horizontally attached structures
Secondary Street Front Setback (lineal feet)	0
Rear Setback (lineal feet)	10

 

 

Building and Site Standards
Height Maximum (feet)	60
First Floor Height Min. (feet)	12
Maximum Projection from Primary Structure (feet)	8
Floor Area Ratio	-
Location of Parking	Within or below building, or in rear yard or side yard
Pervious Surface Minimum (grass or landscaped) (%)	-

 

Industrial District (I)

Intent: Allow for all uses of Flex Employment Zone as well as heavy manufacturing/ industrial.

Lot Dimensions
Minimum Lot Size (square feet)	6,000
Minimum Frontage (lineal feet)	50
Min. Front Setback (lineal feet)	20
Max. Front Setback (lineal feet)	-
Side Setback (lineal feet)	20
Secondary Street Front Setback (lineal feet)	20
Rear Setback (lineal feet)	20

 

 

Building and Site Standards
Height Maximum (feet)	70
First Floor Height Min. (feet)	-
Maximum Projection from Primary Structure (feet)	8
Floor Area Ratio	-
Location of Parking	Side or Rear Yard
Pervious Surface Minimum (grass or landscaped) (%)	30%

 

Educational And Institutional District (EI)

Intent: Accommodate needs of existing schools, government uses, and places of worship.

Lot Dimensions
Minimum Lot Size (square feet)	20,000
Minimum Frontage (lineal feet)	35
Min. Front Setback (lineal feet)	20
Max. Front Setback (lineal feet)	-
Side Setback (lineal feet)	20
Secondary Street Front Setback (lineal feet)	10
Rear Setback (lineal feet)	20

 

 

Building and Site Standards
Height Maximum (feet)	-
First Floor Height Min. (feet)	-
Maximum Projection from Primary Structure (feet)	8
Floor Area Ratio	-
Location of Parking	Side or Rear Yard
Pervious Surface Minimum (grass or landscaped) (%)	40%

 

Open Space & Parks District (OSP)

Intent: To protect and preserve open spaces and designated parks that are held in either public or private ownership.

Lot Dimensions
Minimum Lot Size (square feet)	-
Minimum Frontage (lineal feet)	15
Min. Front Setback (lineal feet)	5
Max. Front Setback (lineal feet)	-
Side Setback (lineal feet)	0
Secondary Street Front Setback (lineal feet)	5
Rear Setback (lineal feet)	5

 

 

Building and Site Standards
Height Maximum (feet)	-
First Floor Height Min. (feet)	-
Maximum Projection from Primary Structure (feet)	-
Floor Area Ratio	-
Location of Parking	-
Pervious Surface Minimum (grass or landscaped) (%)	50%

 

Airport District (AD-A, AD-B)

Intent: Accommodate the needs of Bozeman Yellowstone International Airport.

Lot Dimensions
Minimum Lot Size (square feet)	-
Minimum Frontage (lineal feet)	20
Min. Front Setback (lineal feet)	-
Max. Front Setback (lineal feet)	-
Side Setback (lineal feet)	-
Secondary Street Front Setback (lineal feet)	-
Rear Setback (lineal feet)	-

 

 

Building and Site Standards
Height Maximum (feet)	FAA Regulations
First Floor Height Min. (feet)	-
Maximum Projection from Primary Structure (feet)	8
Floor Area Ratio	-
Location of Parking	-
Pervious Surface Minimum (grass or landscaped) (%)	-

 

Airport Overlay District (AD)

Intent: Accommodate the needs of Bozeman Yellowstone International Airport.

   A.   Purpose: In order to implement the provisions of Resolution #318, on file with Gallatin County, there are hereby created and established certain airport Land Use Districts. Which include all of the land lying within the approach zone, transitional zones, horizontal zones, and conical zones as they apply to the Airport.

      1.   Airport Land Use Districts shall not extend more than 10,000 feet out from the thresholds of the primary instrument approach runway or exceed one (1) mile in width on each side of the primary instrument approach runway and its extended centerline. Such Airport Land Use Districts are shown on the Official Airport Influence Area Map.

   B.   Airport Influence Area: No person may recover from local government damages caused by noise and vibrations from normal and anticipated normal airport operations within this area, effective the date of the Resolution #381.

   C.   Procedures:

      1.   Resolution #381 contains procedures for variances, conditional uses, special conditions, and complaints and violations. (Ord. 2023-7, 7-17-2023; amd. Ord. 2023-9, 12-18-2023)