HomeMy WebLinkAbout18- Ordinance 1994 Unified Development Code (UDC) Update, Pile B Text Amendments SOx
ORDINANCE NO. 1994
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO MAKE THE AMENDMENTS TO THE UNIFIED DEVELOPMENT
CODE, CHAPTER 38 OF THE MUNICIPAL CODE REFERRED TO AS "PILE B"
AMENDMENTS DURING PUBLIC HEARINGS ON THE UDC UPDATE.
WHEREAS, The City of Bozeman (the "City") is authorized by the City Charter and
Montana law to promote public health, safety and welfare and otherwise execute the purposes of
Section 76-2-304, Mont. Code Ann. and the City Charter; and
WHEREAS, The City has had land development regulations since at least 1934 and has
amended them from time to time to respond to changes in state law, legal decisions, and changing
community needs ; and
WHEREAS, The City is authorized by the Section 4.04 of the City Charter and Montana
law to adopt zoning, subdivision, and other land use regulations and provide for the enforcement
and administration of such regulations and otherwise reasonably provide for the orderly
development of the community; and
WHEREAS, during public hearings considering application No. 15320 (the "UDC
Update") the City Commission directed staff to prepare various text amendments be noticed and
brought back to the Zoning Commission and City Commission for consideration; and
WHEREAS, the Bozeman Zoning Commission held a duly noticed public hearing on
January 16, 2018; and voted 1:3 to recommend adoption of the proposed amendments.
Page 1 of 7
Ordinance No. 1994 "Pile B"Zone Text Amendments
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN,MONTANA:
Section 1
Legislative Findings:
The City Commission hereby adopts the following findings:
1. The above recitals are incorporated herein.
2. The proposed amendments substantially comply with the Bozeman Community Plan(and
other City adopted plans including its facility plans, transportation plan, parks recreation
and open space plan, downtown improvement plan, and economic development plan).
3. The proposed amendments comply with the requirements of the Montana Subdivision and
Platting Act,the requirements Title 76, Chpt. 2,part 3, MCA(municipal zoning).
4. Public hearings have been duly noticed and held before the Zoning Commission and the
City Commission on the proposed amendments.
5. Findings presented to the Commission in staff memorandum for the proposed amendments
are hereby incorporated into findings for adoption of this Ordinance.
6. The City relies upon the standards and definitions within Chapter 38, BMC to enable the
development of the City in a manner which avoids conflicts, enables public notice of and
comment on development which may affect residents and land owners, and provide
predictability in government actions.
7. There is an advantage to making regulations as clear and readily understood as possible.
8. It is important to keep the regulations in compliance with the state statutes.
9. The community need for a particular regulation will vary over time, and therefore it is
appropriate to reevaluate the adopted standards from time to time.
Section 2
That Section 38.340.070.A of the Bozeman Municipal Code be amended as follows:
Sec. 38.340.070. —Deviations from underlying zoning requirements.
Page 2 of 7
Ordinance No. 1994 "Pile B"Zone Text Amendments
A. Because the development of much of historic Bozeman preceded zoning, subdivision and
construction regulations, some buildings within the conservation district do not conform
to contemporary zoning standards. In order to encourage restoration,and rehabilitation
and appropriate new construction activity that would contribute to the overall historic
character of the community, deviations from underlying zoning requirements may be
granted as described in division 38.250 of this chapter. The criteria for granting
deviations from the underlying zoning requirements are:
Section 3
That Section 38.340.080.0 be amended as follows:
Sec. 38.340.080.—Review of demolition or movement of historic structures or sites.
C. Optional provisional review of demolition. A property owner may request provisional
review of the proposed demolition of a structure subject to this article prior to submittal
of a certificate of appropriateness application for seeking demolition of the structure. The
director of community development may establish criteria for the application for
provisional review of demolition.
Provisional review is advisory only and does not constitute approval to demolish a
structure. Provisional review must consider:
1. The property's historic significance and a neighborhood's historical significance.
Section 4
That the Bozeman Municipal Code be amended by adding subsection 3 to Section
38.360.040.B to read as follows:
Sec. 38.360.040.B—Standards for detached ADUs:
B. ...
3. Notwithstanding the limitations in 38.360.030.G, a detached ADU may exceed the height
of the principal building but may not exceed 22 feet in height.
Page 3 of 7
Ordinance No. 1994 "Pile B"Zone Text Amendments
Section 5
That the Bozeman Municipal Code be amended by adding subsection(h)to Section
38.360.110.E.1 to read as follows:
(h) When cottage housing units meet the definition of affordable housing under division
3 8.3 80 the maximum units under (d) and (e) do not apply. Every unit in the proposed
development would have to be affordable in order to exceed the maximum.
Section 6
That the Bozeman Municipal Code be amended to delete Section 38.360.110.E.1.f as follows:
fl. Got4age housing subdivisions in-ust be spaced so giat the total number of eottages within the
area defined by a 500 foot fadius from the geographie eenter- of a proposed eottage homasin
s4division is no more than 24. The number- of eattages v4diin a proposed development is-
ineluded in the total allowed wi"n the defined area.
Section 7
That section 38.360.170.A.1 of the Bozeman Municipal Code be amended to read as follows:
Sec. 38.360.170.—Medical marijuana.
A. ...
1. Unless specifically exempted, any person or existing or proposed entity intending to
conduct activities which meet the definitions of"agriculture," "manufacturing," "office"
or "retail" as established in division 38.700 of this chapter which is for the purpose of
growing,processing, distribution, and/or any other activity related to medical marijuana
must, in addition to this section, comply with all other provisions of this Code, and must
not be located within 4;888 400 linear feet of the exterior property line of:
a. All schools or facilities,where students are re ug larly present, owned or operated by
Bozeman School District 7 whether located inside or outside the city limits; or
b. All private schools,not including home schools, where students are regularly present,
whether located inside or outside the city limits, which provide instruction in the class
range from kindergarten to 12th grade and which are either subject to MCA 20-5-109,
or listed as a kindergarten provider by the county superintendent of schools.
Page 4 of 7
Ordinance No. 1994 "Pile B"Zone Text Amendments
Section 8
That section 38.540.070.A.4 of the Bozeman Municipal Code be amended to read as follows:
See. 38.540.070.—Off-site parking.
A. Any off-side parking used to meet the requirements of this chapter must be reviewed by
the community development director for compliance with this chapter and will be subject
to the following conditions:
4. Off-site parking for multiple household dwellings may not be located more than 00
300 feet from any commonly used entrance of the principal use served;
Section 9
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 10
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 11
Severability.
Page 5 of 7
Ordinance No. 1994 "Pile B"Zone Text Amendments
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 12
Codification.
This Ordinance shall be codified as indicated in Section 2 through 8.
Section 13
Effective Date.
This ordinance shall be in full force and effect on March 31, 2018.
Page 6 of 7
Ordinance No. 1994 "Pile B"Zone Text Amendments
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 12th day of 2018.
A L. D U
Mayor
, 0� B OZ
ATTEST: ' ' ■ ' •�1L
l y y �'�� •
• ^U■ 1 • is
■
ROBIN CROUGH
Clerk
1 88
City
N CO
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 26th day of
February, 2018. The effective date of this ordinance is March ,
C T D US
Mayor
ATTEST: • ■ •?�' ,
ROBIN CROUGH -_ �` •
City Clerk ��•. '1883 Al
•
O
TIN CO•�'
APPR VED TO FORM:
i
G SULLIVAN
City Attorney
Page 7 of 7