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HomeMy WebLinkAboutOrdinance 06- 1669 Amending UDO 18.40.060 ORDINANCE NO. 1669 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE UNIFIED DEVELOPMENT ORDINANCE TO REVISE SECTION 18.40.060. WHEREAS, the proposed Umfied Development Ordinance text amendment appltcation to revise Sectton 18.40 060 has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zonmg Commission held a public heanng on May 2, 2006 to receive and n:vlew all written and oral testnnony on the request for a Umfied Development OnlInance text amendment; and WHEIU~AS, upon a vote 00-1 the Bozeman Zoning Commission recommended to the Bozeman City Commission that the Umfied Development Ordinance text amendment be dented; and WH ERI!~AS, atter proper notice, the City CommiSSIOn held it's publtc hearing on May 15, 2006, to receive and review all wntten and oral testimony on the request for a Unttied Development Ord1l1anee text amendment; and WH EREAS, the City Commission has reviewed and considered the twelve Unified Development Ordinance text amendment cnteria established 111 Section 76-2-304, M.CA., and found the proposed Umfied Development Ordinance text amendment to be 1Il compliance with the twelve critena; and WHEREAS, at ItS publIc heanng held on May 15, 2006, the City Commission found that the proposed Unified Development Ordmance text amendment would be in compliance with Bozeman's adopted growth polley and would be 1Il the pubhc interest. NOW, THEREFORE, BE IT ORDAINED by the CIty CommiSSIOn of the CIty of Bozeman, Montana: Section 1 That SectIOn 18.40.060 of the Bozeman Umfied Development Ordmance be amended, and that the newly revised Section 18AO.060 shall read as follows: "18.4(LOllO Automobile Repair and/or Fuel Sales Tn additIOn to the requirements to be followed for all convenience uses as defined 1Il this tttle, and provided in S 1 RAO.l 00 of this chapter, the followlIlg requirements shall apply to all service station and automobile uses as hsted below. Compliance with all critena hsted below does not neeessanly guarantee approval by the CIty: 1\:. At k<1~t UH!... flOllt.'\g( is to bG (Ill a 111.1)01 dI t(1 J.1I ~tl cd M dc..;gll<lt((llll tb..., Dozcman growtl. pul;...,y; B-A. Gas pump and pump island canopies are to be located not closer than 10 feet to any side or rear property line. Design of the canopy shall architecturally match the design ofthe main building. All canopies shall be connected to the roof of the main structure unless otherwise approved. All lighting shall meet the lighting standards of this title. The maximum height of the canopy shall not exceed 18 feet. All signs must conform to the sign regulations of Chapter 18.52; €B. All on-site activities, except those normally performcd at the fuel pumps, are to be pcrformed within a completcly encloscd building; Be. Where towing serviee is to be provided, a parking bay for the towing vehicle is to be provided. Vehicles that are either under repair or vehicles that have been repaired may be stored on a temporary basis, not to exceed seven days, and designated parking bays must be provided for each vehicle awaiting repairs. V chicle storage areas are subject to the same screening requirements as parking lots; ED. All lighting shall bc attachcd to the malIl structure unless otherwise specifically approved; FE. All structures approved under these standards shall be of a design character that is appropriate to the arc a in which they are to be constructed. Color renderings of buildings shall accompany each application and construction shall be in conformity thereto. Architectural detailing shall be consistent on all four sides ofthe building; GF. All restroom entrances shall be screened from view of adjaeent properties or street rights of-way by a deeorative wall or landscaping, or shall be accessed from the inside of the main entrance to the building; HO. No outside storage of: and no sale, lease, or rental of trailers, trucks, or similar equipment shall be permitted exeept as may be specifically allowed in that zone; tHo Parking space for each service stall in the station shall be provided. Pump islands shall not be eonsidered as serviee bays. Standing areas at pump islands and interior circulation areas shall not be used as parking areas in calculating required parking spaces; and - 2 - :fI. Automotive Repair Facilities 1. All repairs or painting shall be performed within a building; 2. No site plan shall be approved which exposes unassembled vehicles, auto repair activities, or auto parts to any street or residential district; and 3. Any facility shall be designed to contain and minimize noise and odors." Section 2 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict hcrewith are hereby repealed. Section 3 Severability. If any provisions ofthis ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinanee which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be scverable. Section 4 Savings Provision. This ordinance does not affect the rights or duties that matured, pcnalties and assessments that were incurred, approved and permitted projects, or legal proceedings that began before the effective date of this ordinanee. Section 5 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on the first reading at a regular session thereof held on the 24 day of July, 2006 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 day70f Ai/6- , 20!2.t - 3 - ATTEST: ~~ BRIT FONTENOT City Clerk - 4-