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HomeMy WebLinkAboutOrdinance 89- 1294 Adds §8 18.04.45'1 and 18.04.395 and amends 88 18.04.570, 18.34.020 and 18.52.140, zoning . .. , . ; ORDINANCE NO. 1294 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 2 OF ORDINANCE NO. 1271, AS CODIFIED IN SECTION 18.52.140 OF THE BOZEMAN MUNICIPAL CODE ADDING "RECREATIONAL VEHICLE SALES" AND "TRAVEL TRAILER SALES" TO THE LIST OF CONDITIONAL USES IN THE "B-2" DISTRICT, AND AMENDING SECTION 9 OF ORDINANCE NO. 1221 AS CODIFIED IN SECTION 18.30.020 AND 18.34.020 OF THE BOZEMAN MUNICIPAL CODE BY ADDING "RECREATIONAL VEHICLE SALES" AND "TRAVEL TRAILER SALES" AS PERMITTED USES IN THE "M-1" AND "M-2" DISTRICTS AND ESTABLISHING THE DEFINITION OF "RECREATIONAL VEHICLE" BY ADDING NEW SECTION 18.04.451 OF THE BOZEMAN MUNICIPAL CODE AND BY ESTABLISHING A NEW DEFINITION OF "MOTOR HOME" BY ADDING SECTION 18.04.395, AND AMENDING THE EXISTING DEFINITION OF EXISTING "TRAVEL TRAILER SALES" IN SECTION 2.55 OF ORDINANCE NO. 935, AS CODIFIED IN SECTION 18.04.570 OF THE BOZEMAN MUNICIPAL CODE. PRE A M B L E The purpose of this Ordinance is to provide for recreational vehicle sales and travel trailer sales to the list of conditional uses in the B-2 district and permitted uses in the M-l and M-2 districts and to provide for the definition of "recreational vehicle," "travel trailer," and "motor home." BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section 1 That Section 2 of Ordinance No. 1271 as codified in Section 18.52.140 of the Bozeman Municipal Code be and the same is hereby amended by showing deletions crossed out and additions by underlining as follows: 18.52.140 Conditional uses designated for individual zoning dis- tricts. The following uses may be permitted as conditional uses in the districts as specified: A. AS Agricultural Suburban District. Community residen- tial facilities; pUblic and private 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; per- sonal use air fields; transport gas, oil and coal pipelines (in- terstate and intrastate); electric substations; electrical trans- mission lines (interstate and intrastate); public supply facil- ities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting equipment; com- mercial radio antennae and towers; telephone satellite community ~- ~ _.. , , dial offices; telephone exchanges and repeater stations; other accessory facilities, equipment and structures; solid waste land- fill, and police and fire stations. B. R-S Residential Suburban District. Community residen- tial 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; ambu- lance 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 equip- ment; 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-l Single-family Residential - Low-density District. Community residential facilities; schools; libraries; public and private parks and playgrounds; golf courses and country clubs; PUD's as provided in Chapter 18.54 of this title; ambulance ser- vice; group child care homes; transport gas, oil and coal pipe- lines (interstate and intrastate); electric substations; elec- trical 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 equip- ment; 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-1 district. E. R-2-A Single-family Residential-Medium Density Dis- trict. Same as R-2 district. -2- .'~'c,:,,'-,;';b....~"l!(. " 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; frater- nity and sorority houses; medical offices; group child care homes; transport gas, oil and coal pipelines (interstate and in- trastate); 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 facil- ities, 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 intra- state); electric substations; electrical transmission lines (in- terstate 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 facil- ities, equipment and structures; police and fire stations; and conditional uses ,allowed in R-2 Districts including Planned Unit Developments not to exceed five (5) units per acre. 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 (inter- -3- - "",,.\l",~~';}.c., j{ -, state and intrastate); electric substations; electrical trans- mission lines (interstate and intrastate); public supply facil- ities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting equipment; com- mercial 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. 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; profes- sional 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 intra- state) ; 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; amusement 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; recreational vehicle sales; travel trailer sales; tire sales and installation (including front end and wheel alignment and installation of shock absorbers); transport gas, oil and coal pipelines (inter- -4- ~ , , state and intrastate); electric substations; electrical trans- mission lines (interstate and intrastate); public supply facil- ities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); public domestic water storage facilities; water fill stations for fire fighting equipment; com- mercial radio antennae and towers; telephone satellite community dial offices; telephone exchanges and repeater stations; and oth- er accessory facilities, equipment and structures; and light manufacturing and assembly compatible with the intent of the "TR" District and which complies with all relevant state and federal laws and regulations. M. B-3 Central Business District. Amusement and recre- ation 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; 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 fabrication); planned unit developments as provided in Chapter 18.54; group child care homes; 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 intra- state); 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. 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; veteri- nary clinics; adult business (if located no closer than five hun- dred feet from any other adult business, home, residential dis- trict boundary, school, place of worship, public park or any -5- ~.:.:'!,--~:~:. --'-~~ ~. .. youth-oriented establishment); child care centers; enclosed gar- bage transfer station; transport gas, oil and coal pipelines (in- terstate and intrastate); electric substations; electrical trans- mission lines (interstate and intrastate); public supply facil- ities(electric and gas); public treatment facilities (water, san- itary sewer and storm sewer); public domestic water storage fa- cilities; water fill stations for fire fighting equipment; com- mercial radio antennae and towers; telephone satellite community dial offices; telephone exchanges and repeater stations; other accessory facilities, equipment and structures; and production, manufacturing and generation facilities (electric and gas) . o. M-2 Manufacturing and Industrial District. Junk sal- vage yards (if adequately screened); residences for owner or caretaker of junk salvage yards; 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); garbage trans- fer 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 facil- ities, equipment and structures; production, manufacturing and generation facilities (electric and gas); and solid waste land- fill. P. TR Technology Research District. Other research estab- lishments not listed as permitted uses, planned research estab- lishments 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 -6- -,-,-'.: ;;..:~;;~':,,,. ." " . ' fill stations for fire fighting equipment; commercial radio antennae and towers; telephone satellite community dial offices; telephone exchanges and repeater stations; other accessory facil- ities, 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 intra- state) ; electric substations; electrical transmission lines (in- terstate 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 facil- ities, equipment and structures; and solid waste landfill. Section 2 That Section 9 of Ordinance No. 1221 as codified in Section 18.34.020 of the Bozeman Municipal Code be and the same is hereby amended by showing deletions crossed out and additions by underlineation as follows: 18.34.020 Permitted uses. Permitted uses in the M-1 district are as follows: 1. Accessory uses; 2. Ambulance service; 3. Building contractors' establishments; 4 . Building sales; 5. Cabinet shops; 6. Churches; 7 . Conditional uses as provided in Chapter 18.52; 8. Enclosed warehousing; 9. Fire stations; 10. Flour and feed mills; 11. Food processing plants; 12. Gasoline service stations; 13. Grain elevators; 14. Greenhouses; 15. Machine shops; 16. Manufacturing of light consumer goods, i.e. , electronic equipment, appliances, furniture, beverages; 17. Outside storage if accessory to permitted use and if screened from the street and surrounding properties by solid fence or dense plantings at least six feet high; 18. Paint shops; 19. Repair and service establishments for light consumer goods, i.e., automobiles, appliances, furniture; 20. Signs; 21. Sign shops; 22. Temporary buildings, for and during construction only; -7- -~ . . . . 23. Truck and rail terminal facilities; 24. Vehicle and boat sales; 25. Water pumping stations; 26. Storm water drainage facilities (including collection lines, retention/detention ponds and drainage ways); 27. Sanitary sewer and storm sewer lift stations; 28. Local service telephone lines and cables; 29. Local service electrical distribution lines and cables; 30. Local service cable television lines; 31. Local service electronic data transmission lines and cable s; 32. Water and sanitary sewer distribution and collection lines; 33. Public and amateur radio antennae and towers; 34. Police stations~; 35. Recreational Vehicle Sales; 36. Travel Trailer Sales. Section 3 That the following be enacted into law as Section 18.04.451 of the Bozeman Municipal Code: The term "recreational vehicle" as used herein includes travel trailers, motorhomes, and other self-propelled vehicles originally designed or permanently altered to provide temporary facilities for recreational, travel, or camping use. Section 4 That Section 2.55 of Ordinance No. 935 as codified in Section 18.04.570 of the Bozeman Municipal Code be and the same is hereby amended by striking out deletions and showing additions by underlining as follows: "Travel trailer" Mea~~-a-veh~e~!ar-~er~a~ie-~~r~e~~re ae~~~~ea-a~-a-~effl~erary-aweii~ft~-~er-~raYei7-reerea~~e~ a~a-vaea~~eft-~~e~-wh~eh-~5-~e~-fflere-~hafi-e~~h~-iee~-~ft 5eay-w~a~ft-fter-eh~r~y-~we-~ee~-~ft-~eay-ieft~~k. is defined as being a trailer forty-five (45) feet or less in length and eight (8) feet or less in width originally designed or permanently altered to provide temporary facilities for recreational, travel, or camping use and not used as a principal residence Section 5 That the following be enacted into law as Section 18.04.395 of the Bozeman Municipal Code: "Motor home" means a self-propelled motor vehicle originally designed or permanently altered to provide temporary facilities for recreational, travel or camping Use. Section 6 Ordinance Repealed. All other ordinances and parts of ordinances in conflict with the provisions are hereby repealed. -8- __.c.-~ ___.-.;:: ~ "1... 110. II . ' Section 7 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. Section 8 Severability. If any provision of this ordinance is declared unconstitu- tional, or the applicability thereof to any person or circum- stances is held invalid, the constitutionality of the remainder of the ordinance and applicability thereof to other persons and circumstances shall not be affected thereby. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 20th day of November , 1989. /~~7~' ~~ ? ~;':/ _f3 ~ ALFRE . STIFF Mayor OS IlJ no.. +u. V" e 0 It Clj. ~cf ~ ':: R N L. SULLIVAN Clerk of the City Commission FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 4th day of December , 1989, and effective thirty (30) days after said date. ~~~ ALFRE M. STIFF May G5:i 01 ~ ROBIN L. SULLIVAN Clerk of the City Commission "'l J " . -9- .~- -....... "'~'~"". . 2.:.,'.'~' ~ ~ \~ ?'.' -;. ~ . Submitted on November 20, 1989; amended prior to provisional adoption. ORDINANCE NO. 1294 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 7 AND SECTION 9 OF ORDINANCE NO. 1221, AS CODIFIED IN SECTIONS 18.30.020 AND 18.34.020, OF THE BOZEMAN MUNICIPAL CODE, RESPECTIVELY, TO ADD "RECREATIONAL VEHICLE SALES" AND "TRAVEL TRAILER SALES" TO THE LIST OF PERMITTED USES IN THE "B-2", "M-1" AND "M-2" DISTRICTS, AND ESTABLISH A DEFINITION OF "RECREATIONAL VEHICLE" BY ADDING NEW SECTION 18.04.451 OF THE BOZEMAN MUNICIPAL CODE AND AMEND THE EXISTING DEFINITION OF "TRAVEL TRAILER" IN SECTION 2.55 OF ORDINANCE NO. 935, AS CODIFIED IN SECTION 18.04.570 OF THE BOZEMAN MUNICIPAL CODE. PRE A M B L E The purpose of this Ordinance is to provide for recreational vehicle sales and travel trailer sales to the list of permitted uses in the B-2, M-1 and M-2 districts and to provide for the definition of recreational vehicle and travel trailer. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section 1 That Section 7 of Ordinance No. 1221 as codified in Section 18.30.020 of the Bozeman Municipal Code be and the same is hereby amended by showing deletions crossed out and additions by underlining as follows: 18.30.020 Permitted uses. Permitted uses in the B-2 district are as follows: 1. Ambulance service; 2. Antique shops 3. Art and music supply stores; 4. Barber and beauty shops; 5. Bowling alleys; 6. Car washes; 7. Churches; 8 . Conditional uses provided in Chapter 18.52; 9. Equipment sales and service; 10. Financial institutions; 11. Fire stations; 12. Food an drug stores; 13. Frozen food storage and locker rentals; 14. Furniture stores; 15. Health and exercise establishments; 16. Hotels and motels; 17. Gasoline service stations; 18. Laundries and dry cleaning establishments; 19. Liquor stores; 20. mortuaries; 21. Post offices; 22. Professional and business offices; 23. Research and development institutions; 24. Restaurants, cages and drive-in eating establishments; 25. Signs; 26. Sporting goods stores; 27. Temporary buildings, for and during construction only; 28. Theaters, except drive-in theaters; '. 29. Uses customarily accessory to those listed herein; - - - ~,.-"", .'.u,'~, .. ,'''''~. . ,1,_' "". . . 30. Vehicles and boat sales, showrooms and service areas; 3l. Veterinary clinics; 32. Upholstery shops (excluding on-site upholstery service for cars, boats, trailers, trucks and other motorized vehicles requiring overnight storage); 33. Wholesale establishments that use samples, but do not stock on premises; 34. Water pumping stations; 35. Storm water drainage facilities (including collection lines, retention/detention ponds and drainage ways); 36. Sanitary sewer and storm sewer lift stations; 37. Local service telephone lines and cables; 38. Local service electrical distribution lines and cables; 39. Local service cable television lines; 40. Local service electronic data transmission lines and cables; 41. Water and sanitary sewer distribution and collection lines; 42. Public and amateur radio antennae and towers; 43. Police stations~; 44. Recreational Vehicle Sales; 45. Travel Trailer Sales. Section 2 That Section 9 of Ordinance No. 1221 as codified in Section 18.34.020 of the Bozeman Municipal Code be and the same is hereby amended by showing deletions crossed out and additions by underlineation as follows: 18.34.020 Permitted uses. Permitted uses in the M-2 district are as follows: 1. Accessory uses; 2. Ambulance service; 3. Building contractors' establishments; 4. Building sales; 5. Cabinet shops; 6. Churches; 7. Conditional uses as provided in Chapter 18.52; 8. Enclosed warehousing; 9 . Fire stations; 10. Flour and feed mills; 11. Food processing plants; 12. Gasoline service stations; 13. Grain elevators; 14. Greenhouses; 15. Machine shops; 16. Manufacturing of light consumer goods, i.e., electronic equipment, appliances, furniture, beverages; 17. Outside storage if accessory to permitted use and if screened from the street and surrounding properties by solid fence or dense plantings at least six feet high; 18. Paint shops; 19. Repair and service establishments for light consumer goods, i.e., automobiles, appliances, furniture; 20. Signs; 21. Sign shops; 22. Temporary buildings, for and during construction only; 23. Truck and rail terminal facilities; -2- ~ ,,:'i,_,' '.:.,. . . 24. Vehicle and boat sales; 25. Water pumping stations; 26. storm water drainage facilities (including collection lines, retention/detention ponds and drainage ways); 27. Sanitary sewer and storm sewer lift stations; 28. Local service telephone lines and cables; 29. Local service electrical distribution lines and cables; 30. Local service cable television lines; 31. Local service electronic data transmission lines and cables; 32. Water and sanitary sewer distribution and collection lines; 33. Public and amateur radio antennae and towers; 34. Police stations~; 35. Recreational Vehicle Sales; 36. Travel Trailer Sales. Section 3 That the following be enacted into law as Section 18.04.451 of the Bozeman Municipal Code: RECREATIONAL VEHICLE: A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven, primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes, which is not more than eight (8) feet in width nor forty (40) feet in length. Section 4 That Section 2.55 of Ordinance No. 935 as codified in Section 18.04.570 of the Bozeman Municipal Code be and the same is hereby amended by striking out deletions and showing additions by underlineation as follows: "Travel trailer" means a vehicular ~ portable structure designed as a temporary dwelling for travel, recreation and vacation uses which is not more than eight feet in eeay width nor ~fi~r~y-~we forty feet in eeey length. Section 5 Ordinance Repealed. All other ordinances and parts of ordinances in conflict with the provisions are hereby repealed. Section 6 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. -3- ~".J. .' ,. '\.. Section 7 Severability. If any provision of this ordinance is declared unconstitu- tional, or the applicability thereof to any person or circum- stances is held invalid, the constitutionality of the remainder of the ordinance and applicability thereof to other persons and circumstances shall not be affected thereby. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 20th day 0 f November , 1989. M. STIFF . ATTEST:. ~~I ,:/.~IIC?- j IN L. SULLIVAN Clerk of the City Commission FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the day of , 1989, and effective thirty (30) days after said date. ~f ft' ~ ~F D M. STI F --! Ma r ATTEST: ROBIN L. SULLIVAN Clerk of the City Commission 1!~D AZL City A~Y -4-