HomeMy WebLinkAboutCodification Order 2018-01 - Section 38 Miscellaneous - Conforming to Ordinance 1978 Tim Cooper,O Z E M �4 N MT Greg Sullivan, City Attorney
per, Assistant City Attorney
City Attorney's Office Karen Stambaugh, Assistant City Attorney
Anna Saverud, Chief Prosecutor
Kyla Murray, Prosecutor
Edward Hirsch, Prosecutor
Bekki McLean, Prosecutor
Bozeman City Attorney Codification Order 2018-01
Pursuant to the authority of the Bozeman City Attorney under Sec. 1.01.180 of the Bozeman
Municipal Code (BMC)', I hereby order a correction to correct oversights and change references
in conformity with Ordinance 18-1978.
The following corrections as shown below shall be made and shall be incorporated into the
Bozeman Municipal Code so that such sections shall read as follows:
1. Sec. 38.230.040,BMC:
"Sec. 38.230.040. —Review authority.
C. RB review thresholds."
The remainder of 38.230.040,BMC, shall not be altered by this order.
2. Sec. 38.240.360,BMC:
"Sec. 38.240.360.—Exemption review criteria.
A. The following criteria must be used to ensure that exemptions are not claimed for the
purposes of evading this chapter or the Act. . . .
5. For lots within a platted subdivision, relocation of common boundaries and the
aggregation of lots (MCA 76-3-207(1)(d),M)
6. Divisions made for the purpose of relocating a common boundary line between a single lot
within a platted subdivision and adjoining land outside a platted subdivision (MCA 76-3-
207(1)(d)Le))
The remainder of 38.240.360,BMC, shall not be altered by this order.
1 Sec. 1.01.180-Codification powers.The city attorney may change the wording of captions;rearrange sections and
change reference numbers to agree with the renumbered chapters,sections or other parts;substitute the proper
subsection,section,chapter or other division numbers;strike out figures or words that are merely repetitious; change
capitalization and style for the purpose of uniformity;and correct manifest clerical or typographical errors.
Bozeman, MT 59771-1230
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TDD: 406-582-2301 THE MOST LIVABLE PLACE.
3. Sec. 38.240.470,BMC:
"Sec. 38.240.470. —Exclusion from MDEQ review.
Therefore, under the provisions of MCA 76-4-125 f,�, this subdivision is excluded from the
requirement for Montana Department of Environmental Quality review."
The remainder of 38.240.470, BMC, shall not be altered by this order.
4. Sec. 38.300.020, BMC:
"Sec. 38.300.020. —Use districts designated, zoning map adopted.
B. . . . For the purpose of this chapter, the city is divided and classified into the following use
districts:
The remainder of 38.300.020, BMC, shall not be altered by this order.
5. Sec. 38.310.040, BMC:
"Sec. 38.310.040. —Authorized uses—commercial, mixed use, and industrial zoning districts.
Table 38.310.040.13—Permitted services&temporary lodging uses in commercial,
mixed-use, and industrial zoning districts
Temporary lodging
elf
The remainder of 38.310.040, BMC, shall not be altered by this order.
6. Sec. 38.320.020, BMC:
"Sec. 38.320.020. —Form & intensity standards elements.
E. Minimum setbacks:
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4. All development exeept single household dwellings on individual lots afe subjeet to the
The remainder of 38.320.020, BMC, shall not be altered by this order.
7. Sec. 38.350.060, BMC:
"Sec. 38.350.060. —Fences, walls and hedges.
A. . . .
2. Do not exceed four feet in height in any required front lot line setback or any portion
of a required wider front lot line eorner side lbae r that is forward of the rear edge of the
building fagade nearest the eomer side front lot line setback. Decorative post caps may
exceed the height limit by no more than one additional foot."
The remainder of 38.350.060, BMC, shall not be altered by this order.
8. Sec. 38.360.030, BMC:
"Sec. 38.360.030. —Accessory buildings, uses and equipment.
G. Accessory building height and setback limitations in residential zoning districts:
2. . . .
b. Permitted vertical encroachments include those elements and standards set forth in
section 38.240 ncn D 38.350.050.D."
The remainder of 38.360.030, BMC, shall not be altered by this order.
9. Sec. 38.360.040, BMC:
"Sec. 38.360.040. —Accessory dwelling units (ADU).
B. Standards for detached ADUs:
1. Design. Detached ADUs, including second story additions on detached garages may be
approved only if found compatible and consistent with the existing character and fabric
of the neighborhood. The Review n„ffio ity ,1;reet,,,.review authority must consider . . .
D. Supplemental ADU provisions for the R-2, R-3, R-4, R-5, R-O, or REMU districts:
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2. An accessory dwelling unit may not be approved on a reduced size lot created to meet the
minimum w ork foree affordable housing requirements of chapter 38, division 380."
The remainder of 38.360.040, BMC, shall not be altered by this order.
10. Sec. 38.360.140, BMC:
"Sec. 38.360.140. —Home-based businesses.
C. Home-based business as conditional special use.
1. . . . When a home-based business has been established through the CUP SUP process it
means that the owner, lessee or other persons who have a legal right to the use of the
dwelling also have the right to conduct the home-based business whether in the principal
or an accessory structure. . . .
2. Conditional-Special use. It is the intent of this section to provide, through the eonditien-al
special use process established in division 38.230 of this chapter, opportunities for home-
based businesses which are more intensive in nature than those which would be allowed
as an accessory use. In general, a home-based business approved through the conditional
special use process . . . A secondary, but not incidental status in relation to the residential
use of the main building is the criteria for determining whether a proposed use may,
under certain circumstances, qualify as a home-based business which may be approved
by the^^„d�r�Ritionarspecial use process. As stated ; eeti,,, 38.230.010, nditiona
Special uses start from the presumption that they are incompatible with the zoning district
but may under specific and limited conditions become compatible. . . .
3. Necessary conditions for eonditional- cial use. Home-based businesses permitted
through the eenditienal-special use permit process are allowed . . .
g. Home-based businesses by eon narspecial use permit may only be allowed on
lots occupied by single-household detached dwellings;
h. Such eenditional special use must be subject to all conditions set forth in this chapter
4. Home-based business allowed through a eenditional special use permit. Any individual
seeking to operate a home-based business greater in scope than that allowed by an
accessory home-based business,must make application for a eenditienal-special use permit
under the terms of division 38.230 of this chapter. The community development director
must determine if a home-based business requires a eonditional special use permit."
The remainder of 38.360.140, BMC, shall not be altered by this order.
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11. Sec. 38.360.210,BMC:
"Sec. 38.360.210. — Single, two-, three-and four-household dwellings."
The remainder of 38.360.210, BMC, shall not be altered by this order.
12. Sec. 38.360.240, BMC:
"Sec. 38.360.240. —Townhouse and rowhouse dwellings.
B. Parking and garage access.
2. For buildings with less than five attached units, see section 38.350.85-0070 for parking and
garage standards.
E. Usable open space. . . .
1. . . . Front setbacks may be used to meet this standard, provided they are defined with a
fence meeting the standards of section 38.320.110350.060."
The remainder of 38.360.240, BMC, shall not be altered by this order.
13. Sec. 38.360.250, BMC:
"Sec. 38.360.250. —Short term rentals.
B. Applicability.
3. A lower-priced or moderate-priced home subject to and defined by chapter 38, article 4-3
380, or dwelling that received . . ."
The remainder of 38.360.250, BMC, shall not be altered by this order.
14. Sec. 38.370.040,BMC:
"Sec. 38.370.040. — Standards.
C. Administrative.
4. Any emergency power supply or other equipment installed at the facility must comply with
section 38.320 i 30.0 38.520.070."
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The remainder of 38.370.040, BMC, shall not be altered by this order.
15. Sec. 38.510.030, BMC:
"See. 38.510.030. —Block frontage standards.
E. Gateway block frontages.
3. Departure criteria. See subsection Q4 C.3 of this section for criteria.
Table 38.510.030.G
Other block frontage standards.
Building placement. . . .
10' minimum front setback for other buildings, except where greater
setbacks are specified in the district per division 38.240320.
The remainder of 38.510.030, BMC, shall not be altered by this order.
16. Sec. 38.530.020, BMC:
"Sec. 38.530.020. —Applicability and compliance.
The provisions of this division apply to all development within Bozeman, except single, two-,
ad-three-and four-household dwellings on individual lots unless otherwise noted. . . ."
The remainder of 38.530.020, BMC, shall not be altered by this order.
17. Sec. 38.560.010, BMC:
"Sec. 38.560.010. —Intent and purpose.
A. . . .
5. . . . Sections 38.16.070 38.340.4-70070 establishes certain exemptions, and
alternative procedures utilizing design review. . . .;"
The remainder of 38.560.010, BMC, shall not be altered by this order.
18. Sec. 38.700.100, BMC:
"Sec. 38.700.100. —I definitions.
Interchange Zone. Districts created for the purpose of allowing larger and/or additional signage
for the areas adjacent to the Interstate 90 interchanges at East Main Street, North 7th Avenue and
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North 19th Avenue which are located within the E*tryway Over-lay Distr et, B-2 Zoning District
and within 1,300 feet of the Interstate 90 right-of-way."
The remainder of 3 8.700.100,BMC, shall not be altered by this order.
This order shall be placed on the Municipal Code Corporation's website serving the Bozeman
Municipal Code under new legislation until the next supplement. In addition, the City Clerk shall
keep this order in the numerically ordered file named"City Attorney Codification Orders."
Dated this day of April, 2018.
BOZ MAN CIT TTORNEY'S OFFICE
eg ulli an,Bozeman Crty Attorney
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