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Home My WebLink About20- Ordinance 2046 Amending Tables 38.310.040.B, 38.310.040.D, and 38.310.040.E of the Bozeman Municipal Code to Amend in Non-residential ZoningPage 1 of 8 ORDINANCE 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 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. DocuSign Envelope ID: EEB58DAC-BD50-4727-8EDF-A9796AA1BC20 Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses Page 2 of 8 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 — 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 — DocuSign Envelope ID: EEB58DAC-BD50-4727-8EDF-A9796AA1BC20 Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses Page 3 of 8 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). 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 DocuSign Envelope ID: EEB58DAC-BD50-4727-8EDF-A9796AA1BC20 Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses Page 4 of 8 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 — 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 DocuSign Envelope ID: EEB58DAC-BD50-4727-8EDF-A9796AA1BC20 Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses Page 5 of 8 B-1 1 B- 2 B- 2M B-3 UMU (38.310.050) REMU (38.310.060) NEHMU 2 BP M- 1 M- 2 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 — Recreational, cultural and entertainment Adult business (38.360.050)* — — — — — — — — P P — Amusement and recreational facilities — P P — P — P — P C — DocuSign Envelope ID: EEB58DAC-BD50-4727-8EDF-A9796AA1BC20 Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses Page 6 of 8 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: 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. DocuSign Envelope ID: EEB58DAC-BD50-4727-8EDF-A9796AA1BC20 Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses Page 7 of 8 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. 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. DocuSign Envelope ID: EEB58DAC-BD50-4727-8EDF-A9796AA1BC20 Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses Page 8 of 8 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 3rd day of August, 2020. ____________________________________ CHRIS MEHL Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a special session thereof held on the 18th of August, 2020. The effective date of this ordinance is September 17, 2020. _________________________________ CHRIS MEHL Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: EEB58DAC-BD50-4727-8EDF-A9796AA1BC20