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HomeMy WebLinkAboutOrdinance 87- 1234 Adds § 18.04.642, vehicle and boat sales in B3 238 ORDI NANCE NO. 1234 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 18.52.140 OF THE BOZEMAN MUNICIPAL CODE AND ADDING SECTION 18.04.632 TO ALLOW VEHICLE AND BOAT SALES AS A CONDITIONAL USE IN THE "B-3" (CENTRAL BUSINESS) DISTRICT AND TO PROVIDE FOR A DEFINITION OF VEHICLE AND BOAT SALES. PREAMBLE I The purpose of this ordinance is to provide for vehicle and boat sales as a conditional use in the B-3 (Central Business) District and to provide for the definition of vehicle and boat sales. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section 1 That Chapter 18.04.632 of the Bozeman Municipal Code be and the same is hereby amended by adding the following definition: 18.04.632 Vehicle and Boat Sales. "Vehicle and boat sales" means the display, sale or rental of new or used vehicles and boats in operable condition and including any warranty repair work and other repair service conducted as an accessory use. A vehicle or boat is a self-propelled device used for trans- portation of people or goods over land or water surfaces and licensed by the State of Montana. Section 2 That Section 18.52.140 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 18.52.140 Conditional uses designated for individual zoning districts. The following uses may be permitted as conditional uses in the districts as specified: A. AS Agricultural Suburban District. Community residential facilities; public and private I parks and playgrounds; golf courses and country clubs; hunting and fishing clubs; schools and travel trailer parks; television and radio broadcasting studios and transmitters; ambulance service; group child care homes; personal use air fields; transport gas, oil and coal pipelines (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting equipment; commercial radio antennae and towers; telephone satellite community dial offices; telephone exchanges and repeater stations; other accessory facilities, equipment and structures; solid waste landfi II, and pol ice and fi re stations. B. R-S Residential Suburban District. Community residential facilities; 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; group child care homes; transport gas, oil and coal pipelines (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting equipment; commercial radio antennae and towers; telephone satellite community dial offices; telephone exchanges and repeater stations; other accessory facilities, equipment and structures; and police and fire stations. C. R-1 Single-family Residential - Low-density District. Community residential facilities; schools; libraries; public and private parks and playgrounds; golf courses and country clubs; I PUD's as provided in Chapter 18.54 of this title; ambulance service; group child care homes; transport gas, oil and coal pipelines (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting equipment; commercial radio antennae and towers; telephone satellite community dial offices; telephone exchanges and repeater stations; other accessory facilities, equipment and structures; and police and fire stations. D. R-2 Single-family Residential-Medium Density District. Same as R-l district. ORDINANCE NO. 1234 ~ 2 '3 (' '- ,:) E. R-2-A Singh~-family Residential-Medium Density District. Same as R-2 district. F. R-3 Residential-Medium 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 18.58 of this title; PUD's as provided in Chapter 18.54 of this title; fraternity and sorority houses; medical offices; group child care homes; transport gas, oil and coal pipelines (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply I facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting equipment; commercial radio antennae and towers; telephone sate II ite community dial offices; telephone exchanges and repeater stations; other accessory facilities, equipment and structures; and police and fire stations. G. R-4 Residential-Medium Density Apartment District. Same as R-3 district. H. R-5 Residential-High Density District. Same as R-4 district. I. R-MH Residential-Mobile Home. Group child care homes; transport gas, oil and coal pipelines (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting equipment; commercial radio antennae and towers; telephone satellite community dial offices; telephone exchanges and repeater stations; other accessory facilities, equipment and structures; and pol ice and fi re stations. J. R-O Residential-Office District. Community residential facilities; 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; ambulance service; group child care homes; transport gas, oil and coal pipelines (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting I equipment; commercial radio antennae and towers; telephone satellite community dial offices; telephone exchanges and repeater stations; other accessory faci lities, equipment and structures; and police and fire stations. 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; restaurants serving alcoholic beverages as an accessory use; transport gas, oil and coal pipelines (interstate and intrastate); electric sub- stations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting equipment; commercial radio antennae and towers; telephone satellite community dial offices; telephone exchanges and repeater stations; other accessory facilities, equipment and structures; and police and fire stations. L. B-2 Community Highway Business 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; amuse- ment 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; television and radio broadcasting studios; child care centers; restaurants serving alcoholic beverages as an accessory use; tire sales and installation (including front end and wheel align- ment and installation of shock absorbers); transport gas, oil and coal pipelines (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public I supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting equipment; commercial radio antennae and towers; telephone satellite community dial offices; telephone exchanges and repeater stations; and other accessory facilities, equipment and structures. M. B-3 Central Business District. Amusement and recreation activities; auction rooms; bars, taverns and cocktail lounges; transportation and utility stations; drive-in banks and cleaners; radio and TV broadcasting and transmitting studios; civic centers; vehicle and boat sales, 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 ORDINANCE NO. 1234 . 24U fabrication); planned unit developments as provided in Chapter 18.54; group child care homes; child carl! centers; restaurants serving alcoholic beverages as an accessory use; transport gas, oil and coal pipelines (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting equipment; commercial radio antennae and towers; telephone satellite community dial offices; telephone exchanges and repeater stations; and other accessory facilities, I equipment and structures. N. M-1 Commercial-Light Manufacturing 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; 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; enclosed garbage transfer station; transport gas, oil and coal pipelines (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting equipment; commercial radio antennae and towers; telephone satellite community dial offices; telephone exchanges and repeater stations; other accessory facilities, equipment and structures; and production, manufacturing and genera- tion faci Iities (electric and gas). O. M-2 Manufacturing and Industrial District. Junk salvage yards (if adequately screened); residences for owner or caretaker of junk salvage yards; adult businesses (if located no closer than five hundred fee from any other adult business, home. residential district boundary, school, place of worship, public park or any youth-oriented establishment); garbage transfer station; transport gas, oil and coal pipelines (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water I storage facilities; water fill stations for fire fighting equipment; commercial radio antennae and towers; telephone satellite community dial offices; telephone exchanges and repeater stations; other accessory facilities, equipment and structures; production, manufacturing and generation facilities (electric and gas); and solid waste landfill. P. TR Technology Research District. Other research establishments not listed as permitted uses, planned research establishments as provided in Chapter 18.54 of this title; child care centers; transport gas, oil and coal pipelines (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting equipment; commercial radio antennae and towers; telephone satellite community dial offices; telephone exchanges and repeater stations; other accessory facilities, equipment and structures; and police and fire stations. Q. PLI Public Lands and Institutions. Child care centers; transport gas, oil and coal pipelines (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting equipment; commercial radio antennae and towers; telephone satellite community dial offices; telephone exchanges and repeater stations; other accessory facilities, equipment and structures; and solid waste landfill. Section 3 I Ordinance Repealed. All other ordinances and parts of ordinances in conflict with the provisions are hereby repealed. Section 4 Savings Provision. This ordinance does not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. ORDINANCE NO. 1234 _ c 2~-1 Section 5 Severability. If any provision of this ordinance is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the ordinance and applicability thereof to other persons and circumstances shall not be affected thereby. . I PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 16th day of March 1987. JUDITH A. MATHRE, Mayor ATTEST: . Clerk of the City Commission FI NALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, and approved by the Mayor of said City this 30th day of March 1987. and effective thirty (30) days after said date. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the City 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 No. 1234 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 April 1987, and said 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 4th day of June 1987. Clerk of the City Commission I ORDINANCE NO. 1234