HomeMy WebLinkAboutOrdinance 03- 1595 Modifies building height restrictions
-.....--...
ORDINANCE NO. 1595
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT SECTION 18.16.060 OF THE BOZEMAN
MUNICIPAL CODE BE AMENDED BY MODIFYING BUILDING
HEIGHT
RESTRICTIONS IN THE "R-2" RESIDENTIAL-SINGLE-HOUSEHOLD, MEDIUM-
DENSITY, ZONING DISTRICT.
WHEREAS, Title 76, Chapter 2, part 3, MCA, empowers the City to enact a zoning ordinance
and to provide for its administration, enforcement, and amendment; and
WHEREAS, on the 22nd day of October 2001, the City Commission did adopt the Bozeman
2020 Community Plan, a growth policy meeting the requirements of 76-1-601 MCA, for the purpose of
promoting the health, safety or general welfare of the city; and
WHEREAS, on the 10th day of June 2002, the City Commission did adopt Ordinance No. 1565,
establishing a new permanent zone code and zoning map; and
WHEREAS, an application was received from a member of the public to amend the text of the
zoning ordinance to allow a greater maximum building height in the R-2 district based on the roof pitch
of the building; and
WHEREAS, the staff has reviewed the proposed changes and provided a recommendation to
the Zoning Commission; and
WHEREAS, a notice of public hearings was provided to the general pUblic; and
WHEREAS, the City of Bozeman Zoning Commission held a pUblic hearings on March 4 and
18, 2003, to receive and review all written and oral testimony on the request for a zone code amendment;
and
WHEREAS, the City of Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone code amendment be approved; and
WHEREAS, after proper notice, the City Commission held its pUblic hearing on April 7, 2003,
to receive and review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, one member of the public spoke in favor of the proposed change; and
WHEREAS, the City Commission has reviewed and considered the twelve zoning criteria
established in Section 76-2-304, M.C.A., and found the proposed zone code amendment, as
recommended by the Zoning Commission, to be in compliance with the twelve criteria; and
----------- -
--.----" .
WHEREAS, at its meeting held on April 7, 2003, the City Commission found that the proposed
zone map amendment would be in compliance with the Bozeman 2020 Community Plan and would be
in the public interest; and
WHEREAS, the City Commission finds that the change is beneficial to the community character
and provides additional opportunity for choice of architectural style.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana, that:
Section 1
That Section 18.16.060 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
"18.16.060 Building height.
Maximum building height in the R-2 district shall be as follows:
A. Roof pitch gre2lter than 6:12- thirty~t'v'io feet;
O. Roof pitch ::3:12 or greater but not greater tl.8" 6:12 - Tvventy eight feet;
8nd
C. Roof pitch less than ::3:12- t'vventy foUl feet.
A. Roof pitch less than 3:12 - 24 feet;
B. Roof pitch 3: 12 or greater but less than 6: 12 - 28 feet;
C. Roof pitch 6: 12 or greater but less than 9: 12 - 32 feet; and
D. Roof pitch 9: 12 or greater - 36 feet"
Section 2
Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
Section 3
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 4
Savings Provision. This ordinance does not affect the rights of duties that matured, penalties
and assessments that were incurred or proceedings that begun before the effective date of this
ordinance.
- 2 -
.....n._..... ..___..
Section 5
Effective Date. This ordinance shall be in full force and effect thirty (30) days after final
adoption.
PASSED by the City Commission of the City of Bozeman, Montana on first reading at a regular
session thereof held on the 14th day of April 2003.
ATTEST: STEd~~1-
G~J~
ROBIN L. SULLIVAN
Clerk of the Commission
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 28th day of Apr; ,
2003.
ATTEST: STE4~Kl~f
(J~1~
ROBIN L. SULLIVAN
Clerk of the Commission
,~
- 3 -
.--.--.-..... --.- .- -