HomeMy WebLinkAboutOrdinance 83- 1144 Adds 8 18.50.230; and amends 88 18.04.190, 18.04.370, 18.12.020, 18.18.020, 18.20.020 and 18.52.140, zoning
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ORDINANCE NO. 1144
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS
18.04.190,18.04.370,18.12.020,18.18.020, 18.20.020, 18.52.140 AND ADDING
SECTION 18.50.220, OF TITLE 18 OF THE BOZEMAN MUNICIPAL CODE; PROVID- I
ING FOR CERTAIN DEFINITIONS AND STANDARDS FOR MOBILE HOMES AS A
CONDITIONAL USE IN THE AS, AGRICULTURAL SUBURBAN, ZONING DIS-
TRICT, AND AS A PERMITTED USE IN THE R-S, RESIDENTIAL--SUBURBAN
COUNTRY ESTATES; R-2-A, RESIDENTIAL--SINGLE FAMILY MEDIUM DENSITY;
AND R-3, REsIDENTIAL--MEDIUM DENSITY, ZONING DISTRICTS IN THE CITY
OF BOZEMAN, MONT ANA.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN:
Section 1
That Section 18.04.190 of the Bozeman Municipal Code be and the same is hereby amended
to read as follows:
18.04.190 Dwelling Unit
Dwelling unit means a building, mobile home, or portion thereof providing separate cooking,
eating, sleeping and living facilities for one family and its resident domestic employees.
Section 2
That Section 18.04.370 of the Bozeman Municipal Code be and the same is hereby amended
to read as follows:
18.04.370 Mobi Ie Home
Mobile home means a building which has been or reasonably may be equipped with wheels, I
axles, hitches or other devices for transporting the structure from place to place, whether by
motive power or other means. A mobile home shall be construed to remain a mobile home whether
or not such wheels, axles, hitches or other devices are removed and regardless of the nature of
any foundation provided.
Section 3
That Section 18.12.020 of the Bozeman Municipal Code be and the same is hereby amended
to read as follows:
18.12.020 Permitted Uses.
Permitted uses in the R-S district are as follows:
A. Accessory uses;
B. Agriculture uses;
C. Barns and animal shelters;
D. Churches;
E. Conditional uses approved in Chapter 18.52;
F. Fi re stations;
G. Home occupations;
H. Newly constructed one-family dwellings;
I. Temporary buildings, for and during construction only; I
J. The keeping of animals and fowl for family food production~nd the keeping of
horses for private use, together with their dependent young, as set forth in
this section, per two and one-half acres: One horse, or one cow; or two sheep
or two goats; or ten rabbits, or thirty-six fowl (chickens, pheasants, pigeons,
etc.), or six larger fowl (ducks, geese, turkeys, etc.);
K. One-family mobile homes on permanent foundations which meet all requirements
of Section 18.50.220.
Section 4
That Section 18.18.020 of the Bozeman Municipal Code be and the same is hereby amended
to read as follows:
ORDINANCE NO. 1144
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18.18.020 Permitted Uses
Permitted uses in the R-2-A district shall be only those uses permitted in the R-2 district
and one-family mobile homes on permanent foundations which meet all requirements of Section
18.50.220.
I Section 5
That Section 18.20.020 of the Bozeman Municipal Code be and the same is hereby amended
to read as follows:
18.20.020 Permitted Uses
Permitted uses in the R-3 district are as follows:
A. Accessory uses;
B. Churches;
C. Conditiona I uses as provided in Chapter 18.52;
D. Efficiency units (maximum four units per lot);
E. Fire stations;
F. Home occupations;
G. Multi-fami Iy dwelling;
H. Rooming houses and boarding houses (maximum of three rooming units plus
family quarters);
I. Temporary buildings for and during construction, only;
J. Uses permitted in the R-l and R-2 districts; (Prior code Section 18.30.020)
K. One-family mobile homes on permanent foundations which meet all the require-
ments of Section 18.50.220.
Section 6
That Section 18.52.140 of the Bozeman Municipal Code be and the same is hereby amended
to read as follows:
I 18.52.140 Conditional Uses Designated for Individual Zoning Districts.
The following uses may be permitted as conditional uses in the districts as specified:
A. AS Agriculture Suburban District. Public and private parks and playgrounds; golf
courses and country clubs; hunting and fishing clubs; schools and travel trailer parks; and
television and radio broadcasting studios and transmitters; ambulance service; and public utility
facilities and one-family mobile homes on permanent foundations which meet all requirements of
Section 18.50.220 as well as the requirements of this chapter.
B. RS Residential Suburban District. Schools (nonboard, nursery, elementary, junior
and senior high); public and private parks and playgrounds; golf courses and country clubs;
other recreational uses; FCC earth stations; PUD's as provided in Chapter 18.54 of this title;
ambulance service and public utility facilities;
C. R-l Single-Family Residential--Low-Density District. Schools; libraries; public and
private parks and playgrounds; golf courses and country clubs; PUD's as provided in Chapter
18.54 of this title; ambulance service and public utility facilities;
D. R-2 Single-Family Residential--Medium-Density District. Same as R-l district;
I E. R-3 Residential--Medium-Density District. Conditional uses provided in the R-l and
R-2 districts that are not permitted uses in the R-3 district, as provided in Chapter 18.58 of this
title; PUD's as provided in Chapter 18.54 of this title; fraternity and sorority houses; and medi-
ca I offices;
F. R-4 Residential--Medium-Density Apartment District. Same as R-3 district;
G. R-5 Residential--High-Density District. Same as R-4 district;
ORDINANCE NO. 1144
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H. R-MH Residential--Mobile Home. Public utility facilities;
-. I. R-O Residential--Office District. Nursing homes and hospitals; churches; public and
private parks and playgrounds; other types of medical facilities or personal services not listed as
a permitted use; PUD's as provided in Chapter 18.54 of this title; and ambulance service and
public utility facilities; I
J. B-1 Neighborhood Business District. Retail uses in addition to those permitted uses
listed, but limited to those serving the customer directly; gasoline service stations; and pro-
fessional and business office uses;
K. B-2 Community--Highway Business District. Retail uses in addition to those permitted
uses listed; wholesale distributors with on-premises retail outlets, provided warehousing is limited
to commodities which are sold on the premises; amusement and recreational activities; shopping
centers; travel trailer parks as provided in Chapter 18.60 of this title; residence for owner or
caretaker; PUD's as provided in Chapter 18.54 of this title; and public utility facilities;
L. B-3 Central Business District. Amusement and recreation activities; auction rooms;
transportation and utility stations; drive-in banks and cleaners; radio and TV broadcasting and
transmitting studios; civic centers; service stations and auto service centers, car washes (hand
operated), auto upholstery shops, auto body shops, muffler sales and service shops; sign paint
shops (not neon sign fabrication); and planned unit developments as provided in Chapter 18.54;
M. M-l Commercial--Light Manufacturing District. Amusement and recreational activi-
ties; open storage (if adequately screened); retai I establishments (in addition to those listed in
Chapter 18.34); residences for owner or caretaker; PUD's as provided in Chapter 18.54 of this I
title; animal shelters and veterinary clinics;
N. M-2 Manufacturing and I ndustrial District. Junk salvage yards (if adequately
screened); residences for owner or caretaker;
O. TR Technology Research District. Other research establishments not listed as
permitted uses, planned research establishments as provided in Chapter 18.54 of this title.
P. PLI Publ ic Lands and Institutions. Public utility facilities.
Section 7
That Section 18.50.220 is hereby added to the Bozeman Mun icipal Code to read as follows:
18.50.220 Mobile Homes on Individual Lots
A. Intent. It is the intent of this section to allow mobile homes, as defined herein, in
specified zoning districts in which similar one-family dwellings constructed on the site are per-
mitted subject to requirements and procedures set forth herein to assure acceptable similarity in
exterior appearance between such mobile homes and dwellings that have been or might be constructed
under these and other regulations on adjacent lots in the same district or area. It is the intent
of this section to permit only those mobile homes certified as meeting the Mobile Home Construction I
and Safety Standards of the U. S. Department of Housing and Urban Development.
ORDINANCE NO. 1144
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"' ,369
B. Application, Material to be Supplied. One copy of the application for the proposed
mobile home on the individual building lot shall be submitted to the Building Division in con-
junction with the appl ication for a building permit for the building foundation. The application
shall include all information as deemed necessary by the zoning administrator to make determina-
I tions as to conformity with Section 18.50.220(C), Standards for Determination of Acceptable
Similarity in Exterior Appearance, and it shall include a minimum of color photographs of all sides
of the mobile home, of the nearest existing residences or other grounds or buildings on each side
of the proposed site, and of existing residences or grounds fronting upon the same street as the
. proposed site and opposite thereto, and also including those within 150 feet of each corner of the
proposed site. As a minimum requirement, it shall also include description of siding and roofing
material in sufficient detail as to make possible determinations as to its appearance and durability.
C. Standards for Determination of Acceptable Simi larity in Exterior Appearance and
Construction. The following standards shall be used in determinations of acceptable similarity in
appearance and construction between mobile homes with permanent foundation and residences
constructed on the site to assure that such mobile homes will be compatible in appearance with
site-built housing that has been or may be constructed in adjacent or nearby locations.
1. No mobile homes shall have fenestration or other features, or use colors or color
combinations that will be incompatible in the residential neighborhood.
2. The roof shall have sloping lines with eaves, such as gable, mansard, and shed style
I roofs or shall be compatible with conventionally built homes in the surrounding areas.
The pitch of the main roof shall not be less than one foot of rise for each four feet of
horizontal run. Minimum distance from eaves to ridge shall be ten feet.
3. The roofing material shall be shake, ti Ie, composition shing Ie, or other materials
commonly found on conventionally built homes in the surrounding areas.
4. The exterior covering material shall be similar or closely compatible to that found on
conventionally built residential structures in the surrounding area. Reflection from such
exterior shall not be greater than from siding coated with clean, white, gloss, exterior
enamel.
5. The exterior covering material shall extend to the ground. If a solid concrete or
masonry perimeter foundation is used, the exterior covering material shall extend below
the top of the foundation.
6. The exterior covering and roofing materials of the garage(s), carport(s) and accessory
buildings shall be compatible with the materials on the mobile home.
7. The finish floor shall be a maximum of 24 inches above the exterior finish grade of the
lot, or similar to the conventionally built homes in the surrounding area.
8. The mobile home shall be so located on the lot that the portion nearest the principal
street frontage is at least 34 feet in total length when measured as a line parallel to the
street. Such dimension shall be measured from outer extremities, including eaves, and
shall include any additions to the main body of the mobile home, such as living or
recreation rooms, garages, carports, utility rooms, and the like, the front portions of
which are within 10 feet of the front of the main body of the mobi Ie home.
9. Mobile homes on permanent foundations shall meet all the property development standards
for the zone in which they shall be located. These standards include, but are not
I limited to: lot area and dimension; area per dwelling unit; front, rear, and side yard
setbacks; building height, lot coverage, location of accessory buildings; and off-street
parking.
10. Mobile homes shall be approved for location on individual building lots only if they have
been certified as meeting the Mobi Ie Home Construction and Safety Standards of the U. S.
Department of Housing and Urban Development.
ORDINANCE NO. 1144
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371)
D. Actions by Zoning Administrator. Upon receipt of an application as required by
Section 18.50.220(B), the zoning administrator shall make a decision to approve or disapprove of
the application within fifteen (15) days, or he may refer the application to the planning director
for review. The planning director shall report his recommendations in writing to the zoning
administrator within five days after receipt of the referral, or he may make referral to the Zoning I
Commission. Referrals to the Zoning Commission shall be placed on the agenda for its next
regular meeting. Within five (5) days after receipt of recommendations from the Planning Director
or the Zoning Commission, the zoning administrator shall make a determination as to conformity
with Section 18.50.220(C), Standards for Determination of Acceptable Similarity in Exterior
Appearance, notifying the applicants of approval or disapproval. In the case of disapproval, the
reasons therefore shall be stated in writing.
PROVISIONALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City
of Bozeman, Montana, this 3rd day of October 1983.
Mayor
ATTEST:
Clerk of the City Commission I
FINALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana, this 17th day of October 1983, and effective thirty days after this date.
Mayor
ATTEST:
Clerk of the City Commission
State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify
that the foregoing Ordinance No. 1144 was published by title and number in the Bozeman Daily
Chronicle, a newspaper of general circulation printed and published in said City, in the issue
dated the 20th day of October 1983. I
I N WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office
this 24th day of October 1983.
Clerk of the City Commission
ORDINANCE NO. 1144
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