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HomeMy WebLinkAboutOrdinance 85- 1178 Adds 88 18.04.102, 18.04.104, 18.04.106, 18.04.108, 18.04.435 and 18.04.565; amends 88 18.52.140 and 18.62.190, zoning 015 ORDINANCE NO. 1178 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 18.04 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR DEFINITIONS OF CHILD CARE FACILITIES, A~mNDIN~ SECTION 18.52.140 TO INCLUDE CHILD CARE FACILITIES IN INDIVIDUAL ZONING DISTRICTS AS A CONDITIONAL USE AND AMENDING .TABLE A OF SECTION 18.62.190 PROVIDING FOR OFF- I STREET PARKING AND LOADING REQUIREMENTS FOR CHILD CARE FACILITIES IN THE CITY OF BOZEMAN, MONTANA. PRE AM B L E The purpose of this ordinance is to further define facilities which provide child care or instruction by eliminating references to nursery schools and day care centers and pro- viding definitions for the new terms. The ordinance also designates the zoning districts in which different facilities are oermitted and reduces the size of the off-street loading space required for such facilities. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZE~ffiN, MONTANA: Section 1 That Chapter 18.04 of the Bozeman Municipal Code be and the same is hereby amended by adding the following definitions: 18.04.102 child "Child" means a person under 12 years of age. 18.04..l04 Child Care Center "Child care center" means a building or portion of a building or other place used for non-residential purposes in which supplemental parental child care is provided on a regular basis in accordance with applicable state and I local requirements. 18.04.106 Child Care Facilitv, Accessorv An "accessory child care facility" means a building or a nortion of a building or other place in which child care is provided as a service incidental to the primary use to any child whose parent, guardian, person in loco parentis or relative is a client, customer, employee or owner of the primary use, when such care is provided on an intermittent basis for less than five consecutive hours. Accessory child care facilities are permitted as an accessory use to the uses permitted in each zoning district or to a use permitted through the conditional use permit process. Such facilities shall be conducted in accordance with the applicable state and local requirements. 18.04.108 Child Care Home "Chi1d care home" means a private dwelling in which supplemental parental care is provided to three to twelve children, including those children under the age of six domiciled on the same premises, on a regular basis in accordance I with applicable state and local requirements. 18.04..135 Preschool "Preschool" means a building or Dart thereof in which the primary function is the education and instruction of three or more children under the age of seven. ORDINANCE NO. ll78 Oil l8.Q4.565 Supplemental Parental Child Care "Supplemental parental child care" means the provision of food, shelter and learning experiences commensurate with a child's age and capabilities so I as to safeguard the child's .growth and development on a supplemental basis outside of the child's home by an adult other than a parent, guardian, person in loco parentis, or relative. Section 2 That Section 18.52.140 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 18.52.l41) 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; child care homes; B. RS Residential Suburban District. Schools (nonboard, preschool, elementary, I 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 l8.54 of this title; ambulance service; public utility facilities child care homes; 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; public utility facilities; child care homes; D. R-2 Single-Family Residential--Medium Densitv District. Same as R-l district; child care homes; E. R-2-A Single-Family Residential--Medium Density District. Same as R-2 district; child care homes; F. R-3 Residential--}~edium Density District. Conditional uses provided in the R-1 and R-2 districts that are not permitted uses in the R-3 district, as provided in Chapter l8.58 of this title; PUD's as provided in Chapter l8.54 of this title; fraternity and sorority houses; medical offices; child care homes; I child care centers; G. R-4 Residential~-Medium-Density Apartment District. Same as R-3 district; child care homes; child care centers; H. R-5 Residential--High Densitv District. Same as R-4 district; child care homes; child care centers; ORDINANCE NO. 1178 018 1. R-MH Residential--Mobile Home. Public utility facilities; child care homes; J. 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 I Chapter 18.54 of this title; ambulance service; public utility facilities; child care homes; child care centers; K. 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; professional and business office uses; child care centers; L. B-2 Community-Highway Busines_s District. Retail uses in addition to those permitted uses listed; bars, taverns and cocktail lounges; 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; public utility facilities; television and radio broadcasting studios; child care centers; M. B-3 Central Bus~ness District. Amusement and recreation activities; auction rooms; bars, taverns and cocktail lounges; transportation and utility I stations; drive-in banks and cleaners; radio and TV broadcasting and trans- mitting 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); planned unit developments as provided in Chapter 18.54; child care homes; child care centers; N. M-l Commercia1--Light Hanufacturing District. Amusement and recreational activities; open storage (if adequately screened); retail 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 title; animal shelters; veterinary clinics and adult businesses (if located no closer than five hundred feet from any other adult business, home, residential district boundary, school, place of worship, public park or any youth-oriented establishment); child care centers; O. M-2 Manufacturing and Industrial District. Junk salvage yards (if adequately screened); residences for owner or caretaker of "junk salvage yards; I and adult businesses (if located no closer than five hundred feet from any other adult business, home, residential district boundary, school, place of worship-, public park or any youth-oriented establishment; ORDINANCE NO. 1178 ------ ---------- U13 P. TR Technology Research District. Other research establishments not listed as permitted uses, planned research establishments as provided in Chapter l8.54 of this title; child care centers; Q. PLI Public Lands and Institutions. Public utility facilities and child I care centers. Section 3 That Table A of Section l8.62.19Q of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 18.62.l90 Number of Parking and Loading Spaces Required for Specific Use. The following Table A indicates the number of off-street parking spaces required in all districts for those particular uses listed: Table A RESIDENTIAL USES Use Parking Space Required Loading Space Required Detached single-family Two spaces per unit, one space of which None. and mobile homes. may be within a driveway area in the required front yard. Multi~family dwellings Two and one-quarter spaces per unit. None and townhouses. Townhouses may have one space located within a driveway area in the required front yard except as noted in Section 18.56.060 for townhouses. I Apartments and One space per bedroom, plus one visitor Apartments with over sixteen efficiency apartments. space per each four apartment units units require one space. (one and one-half spaces per unit minimum) . Rooming houses and Two spaces per dwelling unit plus one per None. boarding houses. rooming or boarding unit. Fraternity and One space per each two hundred square feet None sorority houses. of rooms designed for Sleeping. MEDICAL AND INSTITUTIONAL USES Hospitals, convalescent One space for each two beds. One space per 10,000 to hospitals and sanita- 100,000 square feet of gross riums. floor area, one additional space per each additional 250,000 square feet. Nursing homes, con- One space for each three beds. Same as for hospital, etc. valescent homes and rest homes. Child care homes, One space for each employee, plus one None child care centers, space designated for loading only per accessory child care each- ten children (minimum of one loading facilities and pre- space) . school. Medical or dental One space for each two hundred square Same as for hospitals, etc. offices and veterinary feet of floor area. clinics. I SERVICE AND PROFESSIONAL USES Hotels and motels. One space per each guest room or suite. One space per 25,000 to 40,000 square feet of gross floor area, two spaces per 40,000 to 65,000 sguare feet of gross floor area, one additional space per each additional 100,000 square feet of gross floor area. ORDINANCE NO. 1178 U2U Use parking Space Required Loading Space Required Business and profes- One space per two hundred-fifty square One space per 7,000 to 14,000 sional offices, banks, feet of floor area. square feet of gross floor financial institutions, area, two spaces per 14,000 insurance companies, to 40,000 square feet of gross social agencies and area, three spaces per 40,000 studios. to 80,000 square feet of I gross floor area, one addi- tional space per each addi- tional 50,000 square feet of gross floor area. Open sales area, One space per each 1,000 square feet of Same as that for business trailer sales and lot or floor area used for display and professional offices. rental, boat showrooms, purposes. mobile home sales and garages. Public eating and/or One space for each two and one-half seats Same as that for business drinking establishments. or forty square feet of dining and/or and professional offices drinking space or area. Drive-in restaurants. One space per eighty square feet of floor Same as that for business area with a minimum requirem~nt of ten and professional offices. spaces. INDUSTRIAL USES Wholesale establish- One space per each 2,000 square feet of One space per 10,000 to ment. gross floor area, .plus one space for each 40,000 square feet of gross 10,000 square feet of open lot or floor area, two spaces per storage area. 40,000 to 65,000 square feet of gross floor area, three spaces per 65,000 to 100,000 square feet of gross floor area, one additional space per each additional 50,000 square feet of gross floor I area. COMMERCIAL USES Auto, furniture and One space per six hundred square feet of One space per 10,000 to equipment sales. floor space. 40,000 square feet of gross floor area, two spaces per 40,000 to 65,000 square feet of gross floor area, three spaces per 65,000 to 100,000 square feet of gross floor area, one additional space per each additional 50,000 square feet of gross floor area. Service stations and Four spaces per 1,000 square feet of floor Same as that for auto, auto repair and auto area with repair space for motor vehicles furniture and equipment service businesses. not counted as parking space. sales. Plumbing, heating, One space per 1,000 square feet of floor Same as that for auto, carpenter, ventilating, area plus one space per employee and one furniture and equipment upholstery, building space per each company vehicle, plus one sales. material supplies, space for each 10,000 square feet open sales and service. lot or storage. General Business No. I If less than 5,000 square feet of floor Same as that for auto, --Grocery stores and area, one space per every two hundred- furniture and equipment drugstores, sporting fifty square feet of floor area; if over sales. goods, hardware, 5,000 square feet of floor area, twenty variety, department spaces; plus one space per every four and clothing stores. hundred square feet in excess of 5,000 I square feet of floor area. General Business No. 2 One space for every four hundred square Same as that for auto, --Motor supply, paint feet of floor area. furniture and equipment stores, bakeries, mail sales. order houses, dry clean and laundry establishments, food storage lockers, liquor stores, small appliance service, jewelry anc1 specialty foods. ORDINANCE NO. 1178 U21 Use Parking Space Required Loading Space Required Manufacturing uses, One space per eight hundred square feet One space per 10,000 to research testing and of gross floor area. 40,000 square feet of gross processing, assembling, floor area, two spaces per all industries. 40,000 to 65,000 square feet of gross floor area, thr'2€ spaces Fer 65, 000 1~o 100,000 I square feet of gross floor area, one additional space per each additional 50,000 square feet of gross floor area. MISCELLANEOUS USES Libraries, museums, art One space for each five hundred.square One space per 20,000 to 150,000 galleries. feet of floor area. square feet of gross floor area, two spaces per 150,000 to 300,000 square feet of gross floor area, one additional space per each additional 300,000 square feet of gross floor area. Post offices. One space for each five hundred square Same as that for libraries, feet of floor area. museums, art galleries. Private clubs, lodges One space per each two hundred square feet Same as that for libraries, and community centers-- of floor area. museums, art galleries. except golf courses and parks. Senior high schools. Seven spaces per classroom. Same as that for libraries, museums, art galleries. Elementary schools and Two spaces per classroom. Same as that for libraries, junior high schools. museums, art galleries. I Churches. One space for each four seats or six Same as that for libraries, linear feet of pews in each building, museums, art galleries. used separately or together with any other building for worship. Bowling alleys.. Five spaces for each alley. Same as that for libraries, museums, art galleries. Auditoriums, theaters, One space per each six seats or nine Same as that for libraries, sports arenas, stadiums linear feet of fixed. benches, or fnr museums, art galleries. and assembly halls with each forty~five square feet of floor or without fixed seats, area without fixed seats. and funeral homes and mortuaries. Skating rinks, dance One space per each one hundred square feet Same as that for libraries, halls, amusement parks of floor. area or lot area. museiums, art galleries. and recreation estab- lishments. Travel trailer parks. One space per each travel trailer site. Same as that for libraries, museums, art galleries. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 13th day of May 1985. KENNETH L. WEAVER, Mayor I ATTEST: ROBIN L. SULLIVAN Clerk of the Commission ORDINANCE NO. 1178 U22 FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, and approved by the Mayor of said City this 28th day of May 1985, and effective thirty (30) days after said date. I KENNETH L. WEAVER, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission State of Montana ) County of Gallatin : ss. City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Ordinance No. 1178 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 2nd day of June 1985, and said proof of such publication is on file in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this lIth day of June 1985. Clerk of the City Commission I I ORDINANCE NO. 1178