HomeMy WebLinkAbout16- Ordinance 1965 Addressing Zoning Categories with Parks as an Allowed Use i
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ORDINANCE NO. 1965
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA AMENDING ARTICLE 9 SEC. 38.09.0209
ARTICLE 10 SEC. 38.10.020, ARTICLE 11 SEC. 38.11.020, ARTICLE 12
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SEC. 38.12.020,PARKS AS AN ALLOWED USE.
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 added a number of flexible zoning codes that allow
for the mixing of residential and other uses; and
WHEREAS, The City of Bozeman requires parklands be dedicated for all residential
redevelopments; and
WHEREAS,The City of Bozeman does not identify Parks as an allowed use in all zoning
districts where parklands are required to be dedicated; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
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Section 1
Legislative Findings:
1. The Unified Development Code has added new flexible zoning codes,mixing commercial
and industrial uses with residential.
2. Parks are required through parkland dedication with all residential development. x
3. Inclusion of parks as an allowed use in all districts will more accurately reflect the mix of
uses that may occur in those districts. 4
Section 2 }
That the Bozeman Municipal Code be amended b revising Sec. 38.09.020 to read as follows:
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Page 1 of 18
Ordinance No. 1965,Revisions to Section 38.09.020,3&10.020,M 11.020,38.12.020
See. 38.09.020. -Authorized uses.
A. Uses in the residential emphasis mixed-use district are depicted in the table 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
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. Uses required and limited.
l. REMU districts are intended to be developed with a mix of uses that encourage a range
of building types, scales, densities, and site configurations.
2. Developments are encouraged to include nonresidential uses,especially commercial and
neighborhood support services,mixed horizontally and/or vertically,to promote compact,
walkable and sustainable neighborhoods.
3. Nonresidential uses shall not exceed 30 percent of the total gross building square footage
of all uses within the master planned area unless otherwise allowed in this section,
through a master site plan or planned unit development(PUD)review.
4. For the purposes of calculating the percentage of a use within the master planned area,
the gross square foot floor area of building for each use shall be utilized.
5. The specific method of tracking will be determined during the master site plan,PUD, or
site plan review.
6. Home-based businesses are not considered nonresidential uses and shall not be limited
by the provisions of the section.
7. Nonresidential uses intended for public benefit and shared public amenities shall not be
limited by the provisions of this section. These uses include, but are not limited to,
schools, parks, community centers, city operated services and structured parking
facilities.
D. Development review applications.
1. To accomplish the intent of the district,the REMU district is anticipated to be located on
sites five acres or larger.Development review applications for sites in the REMU district
greater than,or equal to,five acres will be first subject to review as a master site plan per
article 19 of this chapter; or as a PUD per article 20 of this chapter,as determined by the
applicant.
Page 2 of 18
Ordinance No. 1965,Revisions to Section 38.09.020,38.10.020,38.11.020,38.12.020
2. Project applications for subsequent project phases in compliance with an approved master
site plan or PUD may be reviewed as a site plan review or sketch plan review in
accordance with article 19 of this chapter.
3. All development review applications for property in the REMU district smaller than five
acres are subject to the standards in this article; and may be subject to review as a master
site plan per article 19 of this chapter upon a finding by the city that:
a. The development application is for a site considered a major infill site, having a
significant impact on an existing neighborhood; or may create a center within an
existing neighborhood;
b. The proposed development is located at an intersections deemed to have special
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significance;
c. The proposed development may have a significant impact on existing transportation
and open space network,pedestrian and bicycle travel;
d. The proposed development requires a multi-year approval and multiple phases for
completion.
Table 38.09.020
8
Table of Uses
Table of Uses Maximum Gross Authorized
Building Area Uses
Accessory dwelling unit P
Apartments and apartment buildings P
Arts and entertainment center 12,000 square P
feet
-F—� Automobile fuel sales C
Automobile parking lot or garage(public or private) P
Automobile washing establishment C
F_
Banks and other financial institutions P
Bed and breakfast P
Business,technical or vocational school P
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Page 3 of 18
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Ordinance No. 1965, Revisions to Section 38.09.020,38.10.020, 38.11.020, 38.12.020
— Community centers �Y- _._P__
Community residential facilities with eight or fewer residents P
Community residential facilities serving nine or more P
residents
Convenience uses except for automobile fuel sales (as listed P
above)
�— Cooperative household - P -
Convenience use restaurant 5,000 square feet _P 4
Cottage Housing T P �-
Daycare---Family, group, or center P
Essential services Type I t A
Essential services Type II P
Essential services Type III C 5
Extended-stay lodgings 40,000 square P
feet
Fraternity, sorority or lodge P —
F
� Group living P
_ - l
fHealth and exercise establishments I P
Home-based businesses (subject to section 38.09.030 only) P
Hospitals �-- _ C
Hotel or motel 40,000 square P
feet
000 square
Laboratories,research and diagnostic 10, feet P
-�- - Laundry service center —
�� __ ^- Light goods repair __ P
----- --- Lodging houses _ � -� --- P
Manufacturing, artisan --� 5,000 square feet P
Manufacturing(light and completely indoors) r5,000 square feet F P
Museum -------- -__�- ��� _ P
Page 4 of 18
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Ordinance No. 1965, Revisions to Section 38.09.020,38.10.020,38.11,020,38.12,020
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Medical and dental offices, clinics and centers P 3
Meeting hall P
Offices P
Other buildings and structures (typically accessory to
permitted uses) A
Personal and convenience services � P
Pet grooming shop _ P
Printing offices and publishing establishments 5,000 square feet P
Public and private parks P
Public buildings P
Refuse and recycling containers 1 A
I Restaurants P
Retail uses less than or equal to 5,000 square feet 5,000 square feet P 1
Retail uses greater than 5,000 square feet and less than or 12,000 square P 1,2
equal to 12,000 square feet feet 3
Retail uses greater than 12,000 square feet and less than or 25,000 square P 1,3
equal to 25,000 feet
Sales of alcohol for on-premise consumption—No gaming C
allowed
Single household dwelling mm _ P
Three- or four-household dwelling - P r
Townhouses(five attached units or less) _ P
Two-household dwelling - -- —� P
Veterinary clinic C
Wholesale distributors with on-premise retail outlets 10,000 square
(providing warehousing is limited to commodities which are feet C
sold on the premises)
Wholesale establishments (ones that use samples, but do not
stock on premises) 5,000 square feet C
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Page 5 of 18 ;!
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Ordinance No. 1965,Revisions to Section 38.09.020,38.10.020,38.11.020,38.12.020
Any use,except adult businesses and casinos, approved as
pant of a planned unit development subject to the provisions C
of article 20 of this chapter.
1 Excluding adult businesses as defined in article 42 of this chapter.
2 Limited to no more than four structures per 100 acres of contiguous master planned
development and subject to section 38.09.020.C.
3 Limited to no more than two structures per 100 acres of contiguous master planned
development and subject to section 38.09.020.C.
4 Convenience use restaurants with drive-ups or drive-throughs require additional buffering
when adjacent to residential uses which may include, but are not limited to sound barrier walls,
berms, and/or landscaping.
S Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
Section 3
That the Bozeman Municipal Code be amended by revising Section 38.10.020 to read as follows:
Sec. 38.10.020. -Authorized uses.
A. Uses in the various commercial districts are depicted in Table 38.10.020 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.
Page 6 of 18
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Ordinance No. 1965,Revisions to Section 38.09.020,38.10.020,38.11.020,38.12.020
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Table 38.10.020
Authorized Uses
Table of Commercial Uses B- B-
B-1FB- 2M 3
Ambulance service P P P
Apartments and apartment buildings6, as defined in this chapter 1 P TPI/C Plo p3
Arts and entertainment center, as defined in this chapter P I P P P
Automobile fuel sales or repair, as defined in this chapter C C T C C
Automobile parking lot or garage(public or private) I ` T- I P P
6
Automobile washing establishment TC TP I P C
Banks and other financial institutions P P P P
Business,technical or vocational school — C C P3
�— Bus terminals — C C C
- mm Community centers -` WY-" I P P P3
FCommunity residential facilities with eight or fewer residents �P 1PI/C PI/C P3
Community residential facilities serving nine or more residents — C C —
Convenience uses C P P C
Convenience use restaurant P P P P
Day care centers P P TP P
Essential services Type I A TT A A
Essential services Type II P P P P
Essential services Type III _ C9 P TP C9
Extended-stay lodgings — P P P
Food processing facilities — C C —
Frozen food storage and locker rental I _ P- -T
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Health and exercise establishments PI/C PP T P P
Hospitals P P C
F
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b.
Page 7 of 18
Ordinance No. 1965,Revisions to Section 38.09.020,38.10.020,38.11.020,38.12.020
Hotel or motel — P P P
Laboratories, research and diagnostic — P P P3
Laundry, dry cleaning — C C C
Light goods repair, as defined in this chapter — C C A
Lodginghouses — C C" C3
Manufacturing, artisan P P P P8
Manufacturing,light C C C3
Manufacturing,light and completely indoors — C C —
Mortuary — C C C
Museum — C C C
Medical and dental clinics Pi/C P P P
Meeting hall — P P P
Offices, as defined in this chapter pl/C P P P3
Other buildings and structures typically accessory to permitted uses A A A A
Parking facilities P P P P3
Personal and convenience services, as defined in this chapter P P P P
Pet grooming shop P P P P
Printing offices and publishing establishments — — — C
Private club,fraternity, sorority or lodge — P P P
Public and private parks P P P P
Public buildings P P P P
Refuse and recycling containers A A A A
Research laboratories — P P P
Restaurants P5 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 C C C C
Sign paint shops (not including neon sign fabrication) I — P P C
Page 8 of 18
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Ordinance No. 1965,Revisions to Section 38.09.020,38,10.020,3&11.020,38.12.020
Upholstery shops (excluding on site upholstery service for cars, boats, s
trailers,trucks and other motorized vehicles requiring overnight storage) P P P
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 — P P P j
Any use, except adult businesses and casinos approved as part of a
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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.
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3Except on ground floor in the core area as defined in this article.
'Private arts instruction shall only be on the second or subsequent floor in the core area as 3
defined in this article.
P.
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'Exclusive of drive-ins.
6May be subject to the provisions of chapter 38,article 43.
Also subject to chapter 4, article 2.
8For 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.
'Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
1°Non-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.
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Section 4
1
That the Bozeman Municipal Code be amended by revising Section 38.11.020 to read as follows: z
Sec. 38.11.020. -Authorized uses.
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Page 9 of 18 i
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Ordinance No. 1965,Revisions to Section 38.09.020,38.10.020,38.11.020,38.12.020
A. Uses in the urban mixed-use district are depicted in Table 38.11.020. 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 authorized 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.
D. Mixed uses required and limited.
1. Development shall include a mix of uses.
2. Uses shall be grouped as commercial, industrial, offices, institutional, and residential. A
combination of at least two different groups of uses shall be provided within each site
plan.
3. No use group shall exceed 70 percent of the total gross building floor area in the entire
site development. Multiple buildings may be shown on a single site plan as allowed in
article 19 of this chapter.
4. The ground level gross building area shall be at least 75 percent nonresidential in use.
Structured parking is classified as a nonresidential use. Structured parking at the ground
level shall include liner buildings of usable proportions along at least 40 percent of the
building facades facing a street or greenway.
5. One residential dwelling unit shall be provided for each 10,000 square feet of
nonresidential gross building area. The residential units may be provided as part of the
last elements of a phase in a multi-phased development.
6. For the purposes of calculating the percentage of a use within the site development the
gross square foot floor area of building for each use shall be utilized.
Table 3 8.11.020
Table of Uses Authorized
Uses
( Ambulance service P
Page 10of18
Ordinance No. 1965,Revisions to Section 38.09.020,38.10.020,38.11.020,38.12.020
Apartments and apartment buildings' (as defined in this chapter) P
Arts and entertainment center(as defined in this chapter) P
Automobile fuel sales or repair(as defined in this chapter) C
Automobile parking lot or garage (public or private) P
Automobile washing establishment C
-------_— Banks and other financial institutions P
Business,technical or vocational school P
Bus terminals C
Community centers P f
Community residential facilities with eight or fewer residents P G
m
Community residential facilities serving nine or more residents P o
Convenience uses C
_ Convenience use restaurant P
Essential services Type I 1 A
Essential services Type II � P
FEssential services Type III C
Extended-stay lodgings P
- — Health and exercise establishments P
Hospitals P
Hotel or motel -� I'
Laboratories,research and diagnostic P
—_ Laundry,dry cleaning P
Light goods repair(as defined in this chapter) P
Lodginghouses _ P
Manufacturing, artisan - P
Manufacturing(light and completely indoors) P
Mortuary C
Museum �- - _ P
Medical and dental clinics P �
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Page 11 of 18
Ordinance No. 1965,Revisions to Section 38.09.020,38.10.020,38.11.020,38.12.020
_ YMeeting hall P --
Offices (as defined in this chapter) P
Other buildings &structures(typically accessory to permitted uses) A A
i Parking facilities _T P
Personal and convenience services(as defined in this chapter) P 4�_
Pet grooming shop P
R Printing offices and publishing establishments C
Private club,fraternity, sorority or lodge P
Public and private parks P
Public buildings P
Refuse and recycling containers �-A
Research laboratories _ �P
Restaurants _� P
Retail uses(as defined in this chapter) P*�._.�
Retail (large scale) C
Sales of alcohol for on-prernises consumption(no gaming allowed) --_ C_
Sign paint shops(not including neon sign fabrication) C
Upholstery shops (excluding on-site upholstery service for cars,boats,trailers, P
trucks and other motorized vehicles requiring overnight storage)
_� mmT Veterinary clinic _ P -
Wholesale distributors with on-premises retail outlets (providing warehousing is P
limited to commodities which are sold on the premises)
Wholesale establishments(ones that use samples,but do not stock on premises) A P
Any use, except adult businesses and casinos approved as part of a planned unit C
development subject to the provisions of article 20 of this chapter
Notes:*Excluding adult business, and large scale retail,as they are defined in _
article 42 of this chapter
'May be subject to the provisions of chapter 38, article 43.
Page 12 of 18
Ordinance No.1965,Revisions to Section 38.09.020,38.10.020,38.11.020,38.12.020
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Section 4
That the Bozeman Municipal Code be amended by revising Section 38.12.020 to read as follows:
Sec. 38.12.020. -Authorized uses.
A. Uses in the various industrial districts are depicted in Table 38.12.020. 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 authorized within the district are indicated by a ".." A
particular proposed development 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 are defined 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.
P
C. Additional telecommunication uses are established in article 29 of this chapter.
Table 38.12.020
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Permitted Uses
Table of Industrial Uses
BP M-1 M-2
Adult business' - P1 P1
Agriculture — — P
Ambulance service — I ` I P�
Amusement and recreational facilities — P � C
F Animal shelters — ��C C <
Automobile,boat or recreational vehicle sales,service and/or rental — P P
Automobile fuel sale or repair, as defined in this chapter — P P
�— Automobile parking lot or garage(public or private) P/A2 P/A2 P/A2
Automobile washing establishment P P
Banks and other financial institutions C P C
Page 13 of 18
Ordinance No. 1965,Revisions to Section 38.09.020,38.10.020,38.11.020,38.12.020
Building materials — P P
Community center, as defined in this chapter P P P
Day care center jCWjC/A3jC/A3
Food processing facility — P P
— - Essential services Type I A A A
— Essential services Type II P P P
--r—
Essential services Type III P P P
Fences
Health and exercise establishments C P P
Hospitals —P
Hotel or motel — P P
Junk salvage or automobile reduction/salvage yards I — C
Laboratories, research and diagnostic —F-PT P P
Light goods repair, as defined in this chapter �T [ P P
-��—� Manufacturing, artisan PPP
Manufacturing,light P4 P P�] P
Manufacturing or industrial uses of all types if in compliance with all F
provisions of this chapter unless otherwise stated in this section.
Medical clinics �— I P I P
—[—
Offices, as defined in this chapter PS P P
Other buildings and structures typically accessory to permitted uses rA A I A
Outside storage !� /A6 P/A6 P/A6
Personal and convenience services, as defined in this chapter — C C
Personnel service facilities providing services, education,food and
convenience goods primarily for those personnel employed in the principal A A A
use
FProduction manufacturing and generation facilities(electric and gas)— J---[— C
Public and private parks �P � P
Public buildings _ PT P--
Page 14 of 18
Ordinance No. 1965, Revisions to Section 38.09.020,38.10.020,38.11.020,38.12.020
Retail sales of goods produced or warehoused on site and related products,
not to exceed 20 percent of gross floor area or 10,000 square feet,whichever A A A .
is less
Retail sales for on-premise consumption of alcohol produced on site,not to — CFC
exceed 10,000 square feet or 50 percent of the facility,whichever is less
Residential use which is clearly accessory to the operation of a permitted A7, A7,
principal or conditional use7° a i
Restaurantx —�P8 Pg
Restaurants serving alcoholic beverages9 -- ——� C9 C9 !'
Refuse and recycling containers A A A
s
Retail establisbments other than principal uses listed in this section — C C
Signs10 A A A
Solid waste transfer station — — C
Temporary buildings and yards incidental to ongoing construction work T A
Truck,bus and rail terminal facilities P P
Truck repair,washing, and fueling facilities C P
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Technology research establishments P P P
Trade schools —� P T P
Veterinary clinics — P P P
Warehousing P P
Warehousing, residential storage(mini warehousing) — P P
Any use, except casinos and retail,large scale, approved as part of a planned C C C
unit development subject to the provisions of article 20 of this chapter
1
Subject to the requirements of article 22 of this chapter.
2As required by this chapter and meeting the standards of this chapter.
3If primarily offering services to a single business or group of businesses within the same
building or building complex.
4Completely enclosed within a building.
SProfessional and business offices only.
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Page 15 of 18 R
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Ordinance No. 1965,Revisions to Section 38.09.020,38.10.020,38.11.020,38.12.020
60nly if accessory to a principal use and if screened from the street and surrounding properties
by a solid fence or dense plantings at least six feet in height.
7For the purposes of this section, accessory means less than 50 percent of gross floor area of a
building, and being generally located on the second or subsequent floor.
$Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet,
whichever is less, or occupying not more than 45 percent of the gross floor area of a food
processing facility.
9Limited to state beer and wine licenses issued since 1997,prohibiting any form of gambling and
occupying not more than 45 percent of the total building area of a food processing facility.
10Subject to the requirements of article 28 of this chapter.
"May be subject to the provisions of chapter 38, article 43.
Section 5
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 6
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 7
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 note affect the validity of the Bozeman
Municipal Code as a whole.
Section 8
Page 16 of 18
Ordinance No. 1965,Revisions to Section 3&09.020,3&10.020,38.11.020,38.12.020
Codification.
This Ordinance shall be codified as indicated in Sections 2-4.
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"day of November,2016.
Quv---- 2z�"X
CARSON TAYLOR
Mayor
ATTEST: `O�•B 02� ,,
ROBIN CROUGH
City Clerk �TiN co��`�0'
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 1 lth, 2017.
J��= Y-�.Pc�•tS5
'R-cs�d,iv� c�ffic�r
ATTEST: '"�
•`fir ���� ••�•'
ROBIN CROUGH: r
City Clerk �9•, $$3 ,••
LL�T, • •
rN co• k
Page 17 of 18
Ordinance No. 1965, Revisions to Section 38.09.020, 38.10.020, 38.11.020,38.12.020
APPROVED AS TO FORM:
JGSnULLIVAIN
City Attorney
Page 18 of 18