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
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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
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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
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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
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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
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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
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ORDINANCE NO. 1178