HomeMy WebLinkAboutOrdinance 04- 1622 Urgency interim zoning ordinance, prohibits offices on down floor of business district
ORDINANCE NO. 1622
AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOZEMAN, MONTANA, AMENDING THE UNIFIED DEVELOPMENT
ORDINANCE TO PROHIBIT OFFICE USES ON THE GROUND FLOOR IN THE
CORE AREA OF THE "B-3", CENTRAL BUSINESS, DISTRICT.
Preamble
This ordinance is to protect the public peace, property, health and safety through
the adoption, as an urgency measure, an ordinance prohibiting office uses on
the ground floor in the core area ofthe "B-3", Central Business, District, which
is described as that portion of Main Street lying between Grand Avenue and
Rouse Avenue, and extending to the east/west alleys on each side of Main Street.
The amendment of the unified development ordinance is necessary to prohibit
uses which may be in conflict with contemplated zoning proposals which the
City Commission is studying.
WHEREAS, on the 24th day of November 2003, the City Commission adopted Ordinance No.
1604, adopting the Unified Development Ordinance, including the permanent zone code contained in
Chapters 18.14 through 18.80, Bozeman Municipal Code; and
WHEREAS, members of the Commission have expressed concerns about the adverse effects
of offices on the ground floor in the core area of the "B-3" Central Business District on the community; and
WHEREAS, the City Commission wishes to more fully explore the desirability of various options
for regulating the establishment of offices on the ground floor in the core area of the "B-3" Central Business
district; and
WHEREAS, Section 76-2-306, Montana Code Annotated, provides for adoption of an interim
zoning ordinance prohibiting any uses which may be in conflict with a contemplated zoning proposal which
the legislative body is considering studying or intends to study; and
WHEREAS, permitting additional offices in the core area of the "B-3" Central Business District
is in conflict with the contemplated zoning proposals being studied.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana, that:
Section 1
The zone code of the City of Bozeman is hereby amended as provided in the following sections
of this ordinance.
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Section 2
That Subsection C of Section 18.18.020 of the Bozeman Municipal Code be amended so that
such section shall read as follows:
"C. Additional uses for telecommunications are established in Chapter 18.54, BMC.
Table 18-1
Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
Ambulance service - P P
Apartments and apartment buildings, as defined in this title P p1/C p3
Arts and entertainment center, as defined in this title P P P
Assisted living/elderly care facilities - C -
Automobile fuel sales or repair, as defined in this title C C C
Automobile parking lot or garage (public or private) P P P
Automobile washing establishment C P C
Banks and other financial institutions P P P
Business, technical, or vocational school - C p3
Bus terminals - C C
Community centers C P p3
Convenience uses C P C
Convenience use restaurant P P P
Daycare centers P P P
Essential services (Type I) P P P
Essential services (Type II) - C C
Extended stay lodgings - P -
Food processing facilities - C -
Frozen food storage and locker rental - P -
Health and exercise establishments p1/C P P
Hospitals - P C
Hotel or motel - P P
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Laboratories, research, and diagnostic - P p3
Laundry, dry cleaning - C C
Light good repair, as defined in this title - C -
Lodging houses - C C3
Manufacturing, light and completely indoors - C -
Mortuary - C C
Museum - C C
Medical and dental clinics p1/C p p3
Meeting hall - p p
Offices, as defined in this title p1/C P p3/6~
Other buildings and structures typically accessory to permitted uses A A A
Parking facilities p p p3
Personal and convenience services, as defined in this title p p p
Pet grooming shop p p p
Printing offices and publishing establishments - - C
Private club, fraternity, sorority, or lodge - P P
Public buildings p p p
Refuse and recycling containers A A A
Research laboratories - p p
Restaurants p p p
Retail uses, as defined in this title p2 p2 p2
Retail, large scale - p -
Sales of alcohol for on-premise consumption C C C
Sign paint shops (not including neon sign fabrication) - p C
Upholstery shops (excluding on site upholstery service for cars, boats, trailers, - P p3
trucks, and other motorized vehicles requiring overnight storage)
Veterinary clinic - C -
Wholesale distributors with on-premise retail outlets, providing warehousing is - C -
limited to commodities which are sold on the premises
Wholesale establishments that use samples, but do not stock on premises - p p
Any use, except adult businesses and casinos approved as part of a planned C C C
unit development, subject to the provisions of Chapter 18.36, BMC
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Notes:
1 When located on the second or subsequent floor.
2 Excluding adult businesses and large-scale retail, as they are defined in Chapter 18.80, BMC.
3 Except on ground floor in the core area as defined in this chapter.
4 Private arts instruction shall only be on the second or subsequent floor in the core area as defined in this chapter.
s On tho groLJnd floor in tho Gore orca 05 dcfincd in this ohoptcr.
Section 3
Repealer.
All resolutions, ordinances and sections of the Bozemah Municipal Code and parts thereof in
conflict herewith are hereby repealed.
Section 4
Severability.
If any provisions of this ordinance or the application thereof to any person or circumstances is
held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect
without the invalid provision or application and, to this end, the provisions of this ordinance are declared
to be severable.
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.
Section 6
Effective Date and Period.
This ordinance shall be in full force and effect immediately upon adoption, and shall be effective
for a period of not more than six months from the date of adoption hereof, unless otherwise extended in
accordance with Montana law.
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PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 18th d
ATTEST:
(i{J~
R IN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
- / - ~ -::::{," ! ofJ c 1\ ,-
TIMOTHY A. COOPER"" (
Acting City Attorney
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