The URL can be used to link to this page

Home My WebLink About16- Ordinance 1964 Addressing Apartments in the B-1 Zoning District Allowed Only on the Second Floor R so2�, x ORDINANCE NO. 1964 i AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING ARTICLE 10 COMMERCIAL ZONING DISTRICTS TO ADD A NOTE NO. 1 TO TABLE 38.10.020, TABLE OF COMMERCIAL USES, APARTMENTS AND APARTMENT BUILDINGS IN THE B-1 ZONING DISTRICT ALLOWED ONLY ON THE SECOND FLOOR. 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 welfare and otherwise execute the purposes of Section 76-2-304,MCA; and WHEREAS, The City of Bozeman has determined that residential uses are secondary to l commercial in the B-1 zoning district; and y 3 WHEREAS, The City of Bozeman has determined that the lack of a note regarding residential as allowed only on the second floor was inadvertently left out of table 38.10,020; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN,MONTANA: Section 1 Legislative Findings: 1. The B-1 zoning district primary use is commercial with residential as a secondary use. 2. Allowing apartments as a principal use diminishes the commercial nature of the B-1 zoning category. 3. The B-1 zoning intent was to have commercial as a secondary use, the note (1) was inadvertently left out of the table. Section 2 l That the Bozeman Municipal Code be amended by revising Section 38.10.020to read as follows: j Page 1 of 6 ` Ordinance No. 1964,Revisions to Table 38.10.20 Sec. 38.10.020. -Authorized uses. A. Uses in the various commercial districts are depicted in Table 3 8.10.020 below.Principal uses are indicated with a"P,"conditional uses are indicated with a"C,"accessory uses are indicated with an "A," and uses which are not permitted within the district are indicated by a "-." A particular proposed development or use may fall under more than one listed category with different review processes. In such cases,the more stringent review process shall apply. B. The uses listed are deliberately broad and some are given special definitions in article 42 of this chapter. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in article 22.of this chapter. C. Additional uses for telecommunications are established in article 29 of this chapter. Table 3 8.10.020 Authorized Uses Table of Commercial Uses B- B- B-1 B-2 2M 3 Ambulance service — P P P Apartments and apartment buildings', as defined in this chapter P1 PI/C P10 P3 Arts and entertainment center, as defined in this chapter P P P P Automobile fuel sales or repair, as defined in this chapter C C C C Automobile parking lot or garage (public or private) P P 1-P-Tp Automobile washing establishment C P P C Banks and other financial institutions P P P P Business,technical or vocational school — C C P3 Bus terminals — C F-6-F Community centers P P P P3 Community residential facilities with eight or fewer residents P Ipl/C PI/C P3 Community residential facilities serving nine or more residents — C C Convenience uses I C I P I P I C Convenience use restaurant I P I P I P P Page 2 of 6 i Ordinance No. 1964,Revisions to Table 38.10.20 I I 3 Day care centers ` I P P P Essential services Type I A�A A Essential services Type II 7F TP_" _j P Essential services Type III C9 P I P C9 Extended-stay lodgings — P P P Food processing facilities — C C Frozen food storage and locker rental — P P — Health and exercise establishments P1/C P P P — Hospitals P P C —�� Hotel or motel --� P P P Laboratories, research and diagnostic —T_ - I P P3 Laundry, dry cleaning C C C Light goods repair, as defined in this chapter — C C A Lodginghouses — C 00 0 Manufacturing, artisan P T P F P-1P, Manufacturing,light C C3 Manufacturing, light and completely indoors — C C — �� Mortuary — C—T C C fMuseum — — C I^C C �� — Medical and dental clinics _ P1/C P P P Meeting hall —� P P P I� Offices, as defined in this chapter P1/C P P P3 Other buildings and structures typically accessory to permitted uses A A � A A �— - — Parking facilities P P P P3 F Personal and convenience services,as defined in this chapter P P P P t Pet grooming shop P P � P P Printing offices and publishing establishments C Private club,fraternity, sorority or lodge — P-T P P Public buildings P I P P Page 3 of 6 u Ordinance No. 1961,Revisions to Table 38.10.20 Refuse and recycling containers A A A A --_ Research laboratories Y - P P P Restaurants PS P P P Retail uses, as defined in this chapter P2 P2 P2 P2 Retail, large scale — P P — Sales of alcohol for on-premises consumption T CT FEI C Sign paint shops (not including neon sign fabrication) 1-1 P-1 P IC Upholstery shops (excluding on site upholstery service for cars,boats, P P P3 hailers,trucks and other motorized vehicles requiring overnight storage) F Veterinary clinic — C C Wholesale distributors with on-premises retail outlets,providing — C C — warehousing is limited to commodities which are sold on the premises Wholesale establishments that use samples,but do not stock on premises I P I P IP Any use, except adult businesses and casinos approved as part of a planned unit development subject to the provisions of article 20 of this C C C C chapter Notes: 'When located on the second or subsequent floor, or basement as defined in article 42 of this chapter. 2Excluding adult businesses,and large scale retail, as they are defined in article 42 of this chapter. 3Except on ground floor in the core area as defined in this article. Vrivate arts instruction shall only be on the second or subsequent floor in the core area as defined in this article. 5Exclusive of drive-ins. 6May be subject to the provisions of chapter 38, article 43. Also subject to chapter 4, article 2. 'For uses in the downtown core as described in 38.10.010.A.3.a and located on the ground floor adjoining Main Street, a high volume,pedestrian-oriented use adjoining the building's entrance on Main Street is required. Page 4 of 6 i Ordinance No. 1964,Revisions to Table 38.10.20 i 9 Only allowed when service may not be provided fiom an alternative site or a less intensive installation or set of installations. 10Non-residential uses are required on the ground floor to a minimum depth of 20 feet from front building facade on properties adjacent to designated Storefront Streets per section 38.44.010. f 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. A Section 4 Savings Provision. 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. Page 5.of 6 x i Ordinance No. 1964,Revisions to Table 38.10.20 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 21"day of November,2016. CARSON TAYLOR Mayor ATTEST: ' pF■$4.4 ROBIN CROUGfI� •• 883 ••�� City Clerk tgrfN CO �1� 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 121h day of December, 2016. The effective date of this ordinance is January 11"', 2017. J�� SUSS k<siAi rv6 6P ice r ATTEST: ,�� B 02�•. ROBIN CROUGH City Cleric 9�•• 883 L�TIN Co.�10� APPROVED AS TO FORM: I-qA G G ULLIVAN City Attorney Page 6 of 6