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HomeMy WebLinkAbout18078 Article 38.310 permitted uses BOZEMAN UDC RE-ORGANIZATION - FINAL 144 March 9, 2018 UDC update 3-31-2018 38.310 Permitted Uses Sec. 38.310.010. – Interpretation of land use tables. (38.08.020 and new) A. Uses in the various districts are depicted in Tables 38.310.030-.040. Principal uses are indicated with a "P," conditional uses are indicated with a "C," special uses are indicated with a “S”, accessory uses are indicated with an "A" and uses which are not permitted within the district are indicated by a "-." B. Additional uses for wireless facilities are contained in sections 38.370.010 to 38.370.040. C. The uses listed are deliberately broad and some are given special definitions in article 7 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 division 38.360 of this article. D. Clarification of permitted uses and special conditions: 1. If a * appears after the use, then the use is defined in article 7. BOZEMAN UDC RE-ORGANIZATION - FINAL 145 March 9, 2018 UDC update 3-31-2018 2. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 3. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 4. Where a number with a “sf” reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. 5. If more than one letter–number combination appears in the box (e.g., P2, 3), the use is allowed in the zone subject to different sets of limitations or conditions depending on the review process indicated by the letter, the general requirements of the code and the specific conditions indicated in the development condition with the corresponding number immediately following the table. Sec. 38.310.020. - Classification of uses; community development director and city commission authority. (38.07.050) A. When a use is not clearly defined or otherwise identified in the code so that it may be determined if it is allowed within a district the community development director must determine the appropriate classification of a particular use. In making this determination, the community development director must find: 1. That the use is the same as one or more uses permitted in the district wherein it is proposed to be located; or 2. That the use is so similar to one or more uses permitted in the district wherein it is proposed to be located as to be interpreted as the same, so long as: a. The use and its operation are comparable with the uses permitted in the district wherein the use is proposed to be located, in terms of: i. The amount, type, and pattern of vehicular traffic anticipated for the use, and ii. The expected outdoor uses and activities associated with the use; b. The use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located; and c. Neither the intent of this chapter nor the intent of the district will be abrogated by such classification. Persons objecting to a decision of the community development director regarding a classification of a use carry the burden of proof to establish error in the decision. B. If a question arises concerning the appropriate classification of a particular use, the community development director may submit the question to the city commission to determine whether the particular use is the same or so similar as to be interpreted the same as a listed permitted or conditional use. In making such a determination, the city commission must find that the criteria set forth in either subsection A.1 or 2 of this section are met. C. If a specific use is not listed and cannot be interpreted to be the same, or so similar as to be interpreted the same, as a listed accessory, principal or conditional use, the use must not be allowed. However, an amendment to the text of this chapter may be submitted for review and approval pursuant to the requirements of this chapter to allow such use as a listed principal, conditional or accessory use (as defined in section 38.700.020). BOZEMAN UDC RE-ORGANIZATION - FINAL 149 March 9, 2018 UDC update 3-31-2018 2. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 3. Only when in conjunction with dwellings. 4. Subject uses are limited to 2,500sf of gross floor area and only allowed on street corner sites within a mixed- use building featuring residential units next to and/or above subject uses.