HomeMy WebLinkAbout08-18-20 City Commission Packet Materials - C15. Ord 2046 Final Adoption Non-Res Zoning District Uses Text Amend App 200351
REPORT TO: Mayor and City Commission
FROM: Jacob Miller, Assistant Planner Martin Matsen, Director of Community Development SUBJECT: Final adoption of Ordinance 2046, a text amendment for Tables 38.310.040.B,
38.310.040.D, and 38.310.040.E revising allowed uses and standards in non-residential zoning districts, Application 20035 MEETING DATE: August 18, 2020
AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 2046, a text amendment for Tables 38.310.040.B, 38.310.040.D, and 38.310.040.E revising allowed uses and standards in non-residential
zoning districts.
BACKGROUND: The City has established a twice yearly municipal code update cycle for Chapter 38, Unified Development Code, of the Bozeman Municipal Code. Amendments are considered by the City Commission in April and October. Due to the onset of the COVID-19 pandemic, the April 2020 public
hearings were delayed.
On August 3, 2020, the City Commission held a public hearing to consider the April 2020 text amendments. Six ordinances were presented for consideration. Three public comments were received on Ordinance 2046, all in support of the proposed amendment and two of which suggested revisions that staff incorporated into the draft language. The packet materials, including the staff report, ordinance, etc.
can be found on the City of Bozeman website. The City Commission unanimously voted to
provisionally adopt Ordinance 2046.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Final adoption of Ordinance 2046 as presented and recommended.
2) Determine that the prior decision was in error and do not adopt the ordinance. FISCAL EFFECTS: None
Attachments: Ordinance 2046
Commission Memorandum
274
2
Report compiled on August 3, 2020
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Page 1 of 10
ORDINANCE NO. 2046
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING TABLES 38.310.040.B, 38.310.040.D, AND 38.310.040.E OF THE
BOZEMAN MUNICIPAL CODE TO AMEND ALLOWED USES AND ASSOCIATED
LOCATION RESTRICTIONS AND REVIEW PROCESSES IN THE B-1, B-2, B2-M, B-3,
UMU, REMU, NEHMU, BP, M-1, M-2 ZONING DISTRICTS.
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 commercial districts, including the
Downtown Business District (B-3) with uses deemed appropriate to meet the needs of the
community and beneficial for all those within the district; and
WHEREAS, the City has further demarcated the boundries of the B-3 District by defining
the Downtown Core area; 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
B-3 district to meet the changing needs of the community; and
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Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses
Page 2 of 10
WHEREAS, it is in the interests of the City and public welfare to expand permitted uses
authorized in the B-3 district and other Storefront designations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Table 38.310.040.B, and Footnote 3 of the Bozeman Municipal Code be amended as
follows:
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI B-1
1 B-2 B-2M B-3
UMU
(38.310.050
)
REMU
(38.310.060
)
NEHMU
2 BP M-
1
M-
2
Personal and general service
Animal shelters — — — — — — C — S S —
Automobile
washing
establishment*
— P P C C C P — P P —
Daycare—Family,
group, or center* P 3 P 3 P 3 P 3 P 3 P 3 S/A4 S/A
4
C/A
4
C/A
4 C
General service
establishment* P P P P P P P C P C —
Health and exercise
establishments*
P
P P P P P P C P P —
Heavy service
establishment* — P P C P C P — P P —
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Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses
Page 3 of 10
Medical and dental
offices, clinics and
centers*
P 3
S P 3 P 3 P 3 P 3 P 3 P P P P —
Mortuary — S S S S — — — — — —
Offices* P 3
S P 3 P 3 P 3 P 3 P 3 P P 5 P P —
Personal and
convenience
services*
P P P P P P A4 A4 A4 A4 —
Truck repair,
washing, and
fueling services
— — — — — — C — C P —
Temporary lodging
Bed and breakfast* — — — — — P C — — — —
Short Term Rental
(Type 1)* — P P P P P P — — — —
Short Term Rental
(Type 2)* — P P P P P P — — — —
Short Term Rental
(Type 3)* — P P P P P — — — — —
Hotel or motel* — P P P P P
40,000sf P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table).
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Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses
Page 4 of 10
3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set forth in section 38.510.020. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse Avenue and from the alley one half block north of Main Street to the alley one half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street.
4. If primarily offering services to a single business or group of businesses within the same building or building complex.
5. Professional and business offices only.
Section 2
That Table 38.310.040.D, and Footnotes 3-6 of the Bozeman Municipal Code be amended as
follows:
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI B-
1 1
B-
2
B-
2M B-3
UMU
(38.310.0
50)
REMU
(38.310.060
)
NEH
MU 2 BP M-1 M
-2
Industrial and Wholesale
Junk salvage or automobile
reduction/salvage yards — — — — — — — — — C —
Manufacturing, artisan* P P P P 3 P P P P P P —
Manufacturing (light)* — S S C 4 3 P 5 4 P 6 5 P P 5 4 P 5 4 P —
Manufacturing
(moderate)* — C C — — — P P P P —
Manufacturing (heavy)* — — — — — — — — C P —
Outside storage — — — — — — P A P P —
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Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses
Page 5 of 10
Refuse and recycling
containers A A A A A A A A A A —
Warehousing* — — — — — — P — P P —
Warehousing, residential
storage (mini warehousing)
(38.360.180)*
— — — — — — P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table).
3. For uses in the downtown core as described below, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required. The downtown core includes those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse Avenue and from the alley one half block north of Main Street to the alley one half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street.
4. Except on the ground floor in the downtown core (those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street).
5. 4. Completely enclosed within a building.
6. 5. Limited to 5,000 square feet in gross floor area.
Section 3
That Table 38.310.040.E, and Footnote 3 of the Bozeman Municipal Code be amended as
follows:
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI B-1
1
B-
2
B-
2M B-3 UMU
(38.310.050)
REMU
(38.310.060)
NEHMU
2 BP M-
1
M-
2
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Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses
Page 6 of 10
Public, educational, government and regional
Business, trade, technical or
vocational school — P P P 3 P P P P P P —
Cemeteries* — — — — — — — — — — P
Essential services
(38.360.140)
• Type I A A A A A A A A A A A
• Type II P P P P3 P P P P P P P
• Type III C 4 P P C 3,
4 C C 4 P
P P P P
Meeting hall - P P P P P — — — — —
Production manufacturing
and generation facilities
(electric and gas)
— — — — — — — — — S —
Public and nonprofit, quasi-
public institutions, e.g.
universities, elementary
junior and senior high
schools and hospitals
— — — — — — — — — — P
Public buildings and publicly
owned land used for parks,
playgrounds and open space
P P P P P P P P P P P
Solid waste transfer station — — — — — — — — — C P
Solid waste landfill — — — — — — — — — — C
Truck, bus and rail terminal
facilities — — — — — — P — P P —
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Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses
Page 7 of 10
Recreational, cultural and entertainment
Adult business (38.360.050)* — — — — — — — — P P —
Amusement and recreational
facilities — P P — P — P — P C —
Arts and entertainment
center* P P P P P P
12,000sf — — — — —
Casinos — — — — — — — — C C —
Community centers
(38.360.080)* P P P P P P P P P P P
Accessory and/or other uses
Agricultural uses* — — — — — — — — — P —
Home-based businesses
(38.360.140)* A A A A A A A A A A —
Other buildings and
structures (typically
accessory to permitted uses)
A A A A A A A A A A A
Temporary buildings and
yards incidental to ongoing
construction work
— — — — — — A A A A —
Any use, except adult
businesses and casinos,
approved as part of a
planned unit development
subject to the provisions of
division 38.430
C C C C C C C C 5 C 5 C 5 —
Notes:
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Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses
Page 8 of 10
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set forth in section 38.510.020. Otherwise, the applicable use is permitted when located on the second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter. Use
not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse Avenue and from the alley one half block north of Main Street to the alley one half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street.
4. Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
5. Also excludes retail, large scale uses.
Additional uses for telecommunication facilities are provided for in division 38.370 of this article.
Section 4
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 5
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 6
Severability.
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Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses
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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 7
Codification.
This Ordinance shall be codified as indicated in Sections 1-3.
Section 8
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 6th day of April, 2020.
____________________________________
CHRIS MEHL Mayor
ATTEST:
____________________________________ MIKE MAAS City Clerk
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Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses
Page 10 of 10
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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