HomeMy WebLinkAbout08-18-20 City Commission Packet Materials - C13. Ord 2044 Final Adoption R-O Expanded Uses Text Amendment App 194441
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Final adoption of Ordinance 2044, the Residential-Office Expanded Uses Text
Amendment, Application 19444. MEETING DATE: August 18, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Final adoption of Ordinance 2044 to amend the uses allowed in the Residential-Office zoning district.
BACKGROUND: The applicant submitted application 19439 on October 8, 2019 proposing various
revisions to the allowed uses and other associated text to the Residential-Office zoning district. City staff and the Zoning Commission recommended approval of the application with revisions to the text. On August 3, 2020, the City Commission held a public hearing and unanimously voted to provisionally adopt Ordinance 2044.
UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Final adoption of Ordinance 2044 as presented and recommended. 2) Determine that the prior decision was in error and do not adopt the ordinance.
FISCAL EFFECTS: None Attachments: Ordinance 2044
Report compiled on August 3, 2020
Commission Memorandum
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Page 1 of 6
ORDINANCE NO. 2044
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING TABLE 38.310.030.B OF THE BOZEMAN MUNICIPAL CODE
TO ADD GENERAL SERVICE ESTABLISHMENTS, RESTAURANTS, AND RETAIL AS
ALLOWED USES IN THE RESIDENTIAL-OFFICE ZONING DISTRICT AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of Section
76-2-304, MCA; and
WHEREAS, Section 76-2-302, MCA says “…legislative body may divide the
municipality into districts of the number, shape, and area as are considered best suited to carry out
the purposes [promoting health, safety, morals, or the general welfare of the community] of this
part”; and
WHEREAS, the City has established various residential districts, including the
Residential-Office (R-O) district with uses deemed appropriate to meet the needs of the community
and beneficial for all those within the district; and
WHEREAS, the City has continued to expand and develop and the needs of the
community are constantly changing. Therefore, it is appropriate to revise the uses allowed in the
R-O district to meet the changing needs of the community; and
WHEREAS, it is in the interests of the City and public welfare to expand the non-
residential uses authorized in the R-O district and to provide limits to the scope of those allowed
uses to lessen potential negative impacts on other allowed uses.
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Ordinance 2044, Amending 38.3 of the Bozeman Municipal Code to revise uses for the R-O zoning district
Page 2 of 6
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Table 38.310.030.B, Permitted accessory and non-residential uses in residential zoning
districts of the Bozeman Municipal Code be amended as follows:
Uses
Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O 1 RMH
Accessory uses
Essential services Type I* A A A A A A A A
Guest house* A A A A A A A —
Home-based businesses (38.360.140) * A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings and structures typically accessory to
authorized uses A A A A A A A A
Private or jointly owned recreational facilities A A A A A A A A
Signs*, subject to article 5 of this chapter A A A A A A A A
Temporary buildings and yards incidental to construction
work A A A A A A A A
Temporary sales and office buildings A A A A A A A A
Non-residential uses
Agricultural uses* on 2.5 acres or more (38.360.260) P — — — — — — —
Agricultural uses* on less than 2.5 acres (38.360.260) C — — — — — — —
Bed and breakfast* C C C C P P P —
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Ordinance 2044, Amending 38.3 of the Bozeman Municipal Code to revise uses for the R-O zoning district
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Uses
Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O 1 RMH
Commercial stable (38.360.220) C — — — — — — —
Community centers* C C C C C C P C
Day care centers* S S S P P P P S
Essential services Type II* P P P P P P P P
Essential services Type III* 2 C C C C C C C C
Short Term Rental (Type 1)* P P P P P P P —
Short Term Rental (Type 2)* — — P P P P P —
Short Term Rental (Type 3)* — — — — — — — —
General service establishment* — — — — — — P5 —
Golf courses C C — — — — — —
Offices* — — — — S 3 S 3 P —
Public and private parks P P P P P P P P
Medical offices, clinics, and centers* — — — — C C 3 P —
Recreational vehicle parks (38.360.200)* C — — — — — — P
Restaurant* — — — — — P 4 —P5,
6 —
Retail* — — — — — P 4 —P5,
6 —
Uses approved as part of a PUD per division 38.380 of this
article C C C C C C C C
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Ordinance 2044, Amending 38.3 of the Bozeman Municipal Code to revise uses for the R-O zoning district
Page 4 of 6
Uses
Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O 1 RMH
Veterinary uses S — — — — — — —
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area.
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 2,500 square feet 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.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
Section 2
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 3
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.
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Ordinance 2044, Amending 38.3 of the Bozeman Municipal Code to revise uses for the R-O zoning district
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Section 4
Severability.
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 5
Codification.
This Ordinance shall be codified as indicated in Section 1.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ____th day of ________, 2020.
____________________________________ CHRIS MEHL Mayor
ATTEST:
____________________________________
MIKE MAAS City Clerk
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Ordinance 2044, Amending 38.3 of the Bozeman Municipal Code to revise uses for the R-O zoning district
Page 6 of 6
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 ___ of
____________________, 2020. The effective date of this ordinance is ______________, 2020.
_________________________________
CHRIS MEHL Mayor
ATTEST:
_______________________________ MIKE MAAS City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
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