HomeMy WebLinkAbout16- Ordinance 1963 Addressing R-5 Zoning to Add Group Living as an Allowed Use 1
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ORDINANCE NO. 1963
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA AMENDING ARTICLE 22 R-5 ZONING TO BE
ADDED TO SEC. 38.22.105 GROUP LIVING AS AN ALLOWED USE. i
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 I
welfare and otherwise execute the purposes of Section 76-2-304, MCA; and
WHEREAS, The City of Bozeman has determined one (1) zoning category has been
omitted from Article 22 Group Living as an allowed use
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN,MONTANA: F
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Section 1
Legislative Findings:
1. Group living is an allowed use in the R-5 zoning district.
2. Cross reference was omitted during the adoption of the R-5 zoning district.
3. Group living is a residential use which does not otherwise meet the definition of another
residential use defined by this chapter.
Section 2
That the Bozeman Municipal Code be amended by revising Section 38.22.105 to read as follows:
Sec. 38.22.105. - Group living.
:
A. Applicability. All group living uses (as defined in section 38.42.1275) except for health care
facilities and community residential facilities with eight or fewer residents are subject to the
standards of this section.
B. Density.
Page 1 of 4
Ordinance No. 1963,Revisions to Section 38.22.105
1. The density of residents in a group living use is limited to generally approximate and
correspond with the density limits that apply to other types of housing in residential
zoning districts. Limiting density addresses areas of legitimate public concern and the
purposes of zoning as established by the state legislature and adopted locally in section
38.01.040.
2. For the purpose of these regulations, "residents" include all people living at the site,
including children; except that people who provide support services, building
maintenance, care, and supervision, are not considered residents.
3. Group living use requires the following area of land within the site for each resident.
Minimum Area
District Name Required per
Resident in
Square Feet
FREMU, R-4, R=5 and R-O 602
RS 10,890 unless
otherwise approved through a planned unit development
R-1 and RMH 1250
R-2 and R-3 750
C. On-site service and facilities. In any R district,on-site services and facilities may be provided
only to residents of the group living use.
D. Group living is not a substitute for a hotel,motel,or other transitory service facility.Therefore,
duration of terms of occupancy for residents is 30 days or greater.
Section 3
Repealer.
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
Savings Provision.
Page 2 of 4
Ordinance No. 1963,Revisions to Section 38.22.105
This ordinance does not affect the rights and duties that matured, penalties that were
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
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 Section 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 21 St day of November,2016.
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CARSON TAYLOR
Mayor
ATTEST:
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ROBIN CROUGH*
City Clerk '.
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Page 3 of 4
Ordinance No. 1963, Revisions to Section 38.22.105
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 12th day of
December, 2016. The effective date of this ordinance is January 11 th, 2017.
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ATTEST: ��� .' •
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ROBIN CROUGiil .•
City Clerk ��IN�co.
APPROVED AS XO FORM:
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LLIVAN
City Attorney
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