Loading...
HomeMy WebLinkAboutOrdinance 85- 1197 Amends §8 18.56.020, 18.56.030 and 18.56.100, zoning ...-- U8~J ORDINANCE NO. 1197 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 18.56.020 AND 18.56.030 PROVIDING FOR TOWNHOUSE DEVELOPMENT IN THE R-l, R-2 AND R-2A SINGLE-FAMILY RESIDENTIAL DISTRICTS AND AMENDING SECTION 18.56.100 PROVIDING FOR COMMON OPEN SPACE IN TOWNHOUSE DEVELOPMENT IN THE CITY OF BOZEMAN. I PREAMBLE One purpose of this ordinance is to allow townhouse development in the R-l, R-2 and R-2A (single-family) residential zones in addition to the R-3, R-4, R-5 and R-O zones. Amendments to accomplish this are found in Section 18.56.020(C) and 18.56.030(D). Secondly, the final two sentences in Section 18.56.100(B) have been combined to form one sentence which provides that the open space requirements set out in the Planned Unit Development procedure shall be modified for townhouse developments by the standards in Chapter 18.56. BE IT ORDAINED BY THE; CITY COMMISSION OF THE CITY OF BOZEMAN: Section 1 That Section 18.56.020 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 18.56.020 General Provisions and Special Definitions. A. The definitions set out in this section shall be in addition to the definitions set forth in Chapter 18.04 and shall apply solely to townhouse developments. B. Density. The overall density in a townhouse project shall not exceed the maximum density permitted within the zoning district in which the development is located, unless otherwise provided for under the density bonus provisions of Chapter 18.54. C. Development Districts. Townhouse developments may be allowed in the R-l, R-2, R-2A, R-3, R-4, R-5 and R-O zoning districts. I D. Dwelling Unit Access. No two townhouse dwelling units shall be served by the same interior or exterior stairway or by the same exterior door. E. Height. The maximum height for any townhouse shall not exceed that allowed in the district in which the development is located. F. Lot Area for Each Townhouse Unit. No townhouse lot shall contain an area of less than one thousand six hundred square feet and a minimum lot and building width of not less than twenty feet. The difference in lot area normally required in the specific zoning district per dwelling unit (excluding efficiency units) and the net land area per townhouse unit shall be incorporated into usable and accessible common open space and/or private or common vehicular or parking area. G. Size or Development Site. The minimum size of the site to be developed for townhouse units shall be five thousand square feet. H. Townhouse Defined. As used in this chapter, "townhouse" means a one-family dwelling unit which is part of a group of two or more such units separated by a common-party wall having no doors, windows, or other provisions for human passage or visibility. Each one-dwelling unit shall be attached by not more than two party walls. Where units are offset from one another and a common party-wall is used, the wall may be placed equidistant on each side of the lot line not exceeding the length of the offset. A "townhouse" is a "planned unit development" as set forth in Chapter 18.54. I I . Townhouse Group Defined. "Townhouse group" means a cluster or grouping of townhouse units containing not less than two nor more than six individual townhouse dwelling units contiguous to one another. J. Townhouse Project Site Defined. As used in this chapter, "townhouse project site" means the entire parcel of land for which individual townhouse units are proposed prior to the creation of any townhouse lots. K. Unit Size. Every townhouse dwelling unit shall have a minimum gross floor area . ORDINANCE NO. 1197 lOG equal to that required in the specific zoning district in which the townhouse unit is proposed (excluding efficiency units). Section 2 That Section 18.56.030 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 13.56.030 Development Criteria and Conditions. I A. Density. The overall density in a townhouse project shall not exceed the maximum density permitted within the zoning district in which the development is located unless otherwise provided for under the density bonus provisions of Chapter 18.54. B. Lot Area for Each Townhouse Unit. No townhouse lot shall contain an area of less than one thousand six hundred square feet and a minimum lot and building width of less than twenty feet. The difference in lot area normally required in the specific zoning district per dwelling unit (excluding efficiency units) and the net land area per townhouse unit shall be incorporated into usable and accessible common open space and/or private or common vehicular or parking area. C. Townhouse Project Site. As used in this chapter, "townhouse project site" is the entire parcel of land for which individual townhouse units are proposed prior to the creation of any townhouse lots. D. Development Districts. Townhouse developments may be allowed in the R-l, R-2, R-2A, R-3, R-4, R-5 and R-O zoning districts. E. Unit Size. Every townhouse dwelling unit shall have a minimum gross floor area equal to that required in the specific zoning district in which the townhouse unit is proposed (excluding efficiency units). F. Height. The maximum height for any townhouse shall not exceed that allowed in the district in which the development is located. G. Dwelling Unit Access. No two townhouse dwelling units shall be served by the I same interior or exterior stairway or by the same exterior door. H. Size of Development Site. The minimum size of the site to be developed for townhouse units shall be five thousand square feet. Section 3 That Section 18.56.100 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 18.56.100 Open Space--Amount Required--Maintenance Responsibility. A. Maintenance of Common Area. - 1. Provisions satisfactory to the City Commission shall be made to assure that nonpublic areas and facilities for the common use of occupants of a town- house development, but not in individual ownership of such occupants, shall be maintained in a satisfactory manner without expense to the general tax- payers of the City. To this end, the incorporation of an automatic member- ship home association created under recorded land agreements will be re- quired for the purpose of continuously holding title to such nonpublic areas and facilities, and levying assessments against each townhouse lot, whether improved or not, for the purpose of paying the taxes and maintaining such nonpublic areas and facilities. Such nonpublic areas and facilities may include but not be limited to, recreational areas, off-street parking bays, private streets, sidewalks, street lights, and common open and landscaped I areas. Such assessments shall be a lien superior to all other liens save and except tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens, and secure indebtedness which are amortized in monthly or quarter-annual payments over a period of not less than ten years. Other methods may be acceptable if the same positively provide for the proper and continuous payment of taxes and maintenance without expense to the general tax- ORDINANCE NO. 1197 ~ 101 ,. \ I payers. The instrument incorporating such provisions shall be approved by ( , the City Commission and shall then be recorded in the public records of ./ Gallatin County. 2. In the event that this or a similar entity fails to maintain the common area in accordance with the landscaping plan approved by the City Commission, or should the entity fail to maintain the common area in a reasonable con- I dition and state of repair, the determination of such failure to be made by the Building Inspector or Planning Director, the City Commission may, at its option through its own agents or by independent contractor, enter the common area for purposes of maintenance thereof, together with an addi- tional charge of twenty-five percent of the costs for management fees, such costs to constitute a lien upon each and every lot in the project. B. Common Open Space. A minimum of one-ninth of the site to be developed for townhouses shall be provided as common open space except when one townhouse group is proposed or when the site has previously satisfied the public parks or playgrounds dedication requirements of the Montana Subdivision and Platting Act. Fifty percent of said space shall be unencumbered with any structure(s) and any other impervious areas. Such areas shall be landscaped and well-maintained with grass, trees and shrubbery. The remaining fifty percent may be used only as swimming pools, tennis courts, shuffle boards, pedestrian walks, entrance fea- tures, recreation buildings, maintenance buildings for common areas and other recreational uses. Open space requirements, as set forth in Section 18.54.040 through 18.54.240, shall be modified for townhouse developments as noted in this chapter. C. Compensating Common Open Space Required. 1. In those instances where the proposed lot has a gross area of less than the per-unit lot area requirement of the specific zoning district, compensating I common open space must be established and provided within the project site. 2. Compensating open space also allows the individual housing units and lots to be grouped in a manner which creates economics in the installation of utilities and streets required to serve these individual private properties and provides an opportunity for the subdivider to design and develop a more attractive residential neighborhood and fully utilize any natural or topo- graphic features which may be present on the tract being subdivided. D. Limitations, Courtyards. 1. Compensating open spaces are to be considered to be on Iy those areas not specifically designated or used as lots, building sites for dwelling units, building sites for utility or storage purposes, vehicular parking lots, carports, garages or driveways thereto, or streets, either publ ic or private. 2. Courtyards which are designed to provide primary access from groups or clusters of lots or building sites adjacent to public streets must have an average width between the fronts of such lots or buildings of fifteen feet, with a minimum of such distance being not less than ten feet. The length of such courtyards should not be more than one hundred feet, extending aw~y from the publ ic street upon which such courtyards must open. PROVISIONALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City I of Bozeman, Montana, this 16th day of December 1985. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission . ORDINANCE NO. 1197 102 } ~ i FI NALLY PASSED, ADOPTED AND APPROVED by the City Commission of tlie City~of Bozeman, Montana, this 30th day of December 1985, and effective thirty (30) days after sai.d date.l \ KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I 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 1197 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 5th day of January 1986, and due proof of such publication is on file in my office. I N WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 17th day of January 1986. Clerk of the City Commission I I ORDINANCE NO. 1197