HomeMy WebLinkAbout16- Ordinance 1946 Entry Corridor Modification for Midtown and N. 7th -��Doz.
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ORDINANCE NO. 1946
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING CHAPTER 38, UNIFIED DEVELOPMENT ORDINANCE,
BMC BY REVISING SECTIONS 38.17.030 TO REVISE APPLICATION OF
ENTRYWAY CORRIDOR PROVISIONS.
WHEREAS, The City of Bozeman (the "City") is authorized by the City Charter and
Montana law to adopt land development and use standards to protect public health, safety and
welfare and otherwise execute the purposes of Section 76-2-304,MCA; and
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WHEREAS, The application of entryway corridor provisions is a matter of substantial
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public concern and is essential for and functional operation of a city; and
WHEREAS, The City of Bozeman is constantly evolving and changing and periodic
evaluation of development guidelines are necessary to insure the safe, harmonious development
and to meet the needs of the community;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN,MONTANA:
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Section I
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Legislative Findings: j
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1. The City relies upon the standards and definitions within Chapter 38, BMC to enable the
development of the City in a manner which avoids conflicts between land uses, enables
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Ordinance No. 1946,Revissions to the Application of Entryway Corridor Provisions
public notice of and comment on development which may affect residents and land
owners, and provide predictability in government actions.
2. The City must implement adopted growth policies and plans.
3. The classification of entryway corridors must be evaluated and refined with the growing
community.
4. The modified entryway corridor will allow the City to further the goals and objectives of
the Community Plan.
Section 2
That the Bozeman Municipal Code be amended by revising Section 38.17.030
Application of entryway corridor provisions to read as follows with all other portions of the
section remaining unchanged:
Sec. 38.17.030.-Application of entryway corridor provisions.
A. Entryway corridors shall be designated on the city's official zoning map. The provisions of
this article shall be applied in addition to any other applicable regulations of this chapter.
Specifically, these provisions shall be applied to all developments within such corridors as
follows:
1. Class 1. All development wholly or partially within 660 feet of the centerline of the
following roadways:
a. Interstate 90,within or adjacent to the city boundaries,measured from the centerline of
the outside lanes of the opposing roadways and from the centerline of the access
ramps;
b. Interstate 90 frontage roads, within the city boundaries, whether or not they are
designated frontage roads;
bodes;
d. U.S. 191, west from Ferguson Road to the city boundaries;
e. Nineteenth Avenue, north from Durston Road to the North 19th Avenue/Interstate 90
interchange, exclusive of the east side between Durston Road and the south boundary
of Covered Wagon Mobile Home Park; and
£ Oak Street,west from North Seventh Avenue to North Nineteenth Avenue.
2. Class II. All development wholly or partially within the lesser of one city block or 330
feet of the centerline of the following roadways, with the exception of residentially zoned
lots(no exception for R-O district)that have no frontage upon said roadways:
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Ordinance No. 1946, Revissions to the Application of Entryway Corridor Provisions
a. North Seventh Avenue from Interstate 90 to Oak Street and U.S. 10, fiom the
Interstate 90/North Seventh Avenue interchange west to the city boundaries nth
Aveme, south fre~~ the i on tereh t a►,r.,i.. Street;
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b. Nineteenth Avenue, south fiom Durston Road to the city boundary, and the east side
of Nineteenth Avenue, between the south boundary of Covered Wagon Mobile Home
Park and Durston Road;
c. Main Street,east from Broadway to Interstate 90;
d. Main Street, west from a point 115 feet east of N. 15th Avenue Seventh Aveno to
Ferguson Road;
e. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and
cast to the city boundary;
f. Oalc Street, west fiom Nineteenth Avenue to the east edge of Rose Park; and
g. Oak Street, east fiom Seventh Avenue to Rouse Avenue.
3. When a Class I and a Class II corridor overlap the provisions of the Class I corridor shall
govern.
Section 3
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Repealer.
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All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are,and the same are hereby,repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 4 f
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
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incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
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Ordinance No. 1946,Revissions to the Application of Entryway Corridor Provisions
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall be codified as indicated in Sections 2.
Effective Date.
This ordinance shall be in full force and effect thirty(30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 11th day of April,2016.
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CARSON TAYLOR
`? 4 . _ ro. Mayor
ATTEST: AA..
PEARL MICHALSON
Interim City Clerk
FINALLY PASSED,ADOPTED AND APPROVED by the City Commission of the
City of Bozeman,Montana on second reading at a regular session thereof held on the 25th of
April, 2016. The effective date of this ordinance is the 25th of May, 2016.
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Ordinance No. 1946,Revissions to the Application of Entryway Corridor Provisions
CARSON TAYLOR
Mayor
ATTEST: < •` '` 'r
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Y
Its � _ ■
PEARL MICHALSON
Interim City Clerk
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APPROVED TO FORM:
fG SULLIVAN
City Attorney
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