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Home My WebLink AboutOrdinance 02- 1563 Amend zoning map, M-1 uses - ---.------ ---- ... .-.---...----... -- --- -- ---- -- ----- ORDINANCE NO. 1563 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING CHAPTER 18.04 AND SECTION 18.34.020; BY ADDING A NEW DEFINITION FOR "FOOD PROCESSING FACILITY," ADDING "FOOD PROCESSING FACILITY" AS A PRINCIPAL PERMITTED USE IN M-1 (LIGHT MANUFACTURING) DISTRICTS, AMENDING THE PERMITTED USE OF "RESTAURANTS" IN M-1 (LIGHT MANUFACTURING) DISTRICTS, AND ADDING "RESTAURANTS SERVING ALCOHOLIC BEVERAGES" UNDER CERTAIN CIRCUMSTANCES AS A CONDITIONAL PERMITTED USE. WHEREAS, the proposed zone text amendments to add a new definition for "Food Processing Facility," to amend Section 18.34.020 of the Bozeman Municipal Code to add "Food Processing Facility" as a principal permitted use in M-1 (Light Manufacturing) Districts, to amend the permitted use of "Restaurants" in M-1 (Light Manufacturing) Districts, and add "Restaurants serving alcoholic beverages under state beer and wine license issued since 1997, prohibiting any form of gambling, and not occupying more than 45% of the total area of a food processing facility" as a conditional permitted use in M-1 (Light Manufacturing) Districts, as requested by the City of Bozeman, has been properly submitted, reviewed and advertised; and WHEREAS, the City of Bozeman Zoning Commission held a public hearing on March 5, 2002, to receive and review all written and oral testimony on the request for a zone text amendment; and WHEREAS, the City of Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone text amendments be approved as follows: add the new definition of food processing facility, change food processing facility to a principal permitted use, allow restaurants under certain circumstances to remain as a principal permitted use as stated in Section 18.34.020.A, and to add "Restaurants serving alcoholic beverages under state beer and wine license issued since 1997, prohibiting any form of gambling" as a conditional permitted use; and WHEREAS, after proper notice, the City Commission held its public hearing on March 11, 2002, to receive and review all written and oral testimony on the request for a zone text amendment; and WHEREAS, the City Commission has reviewed and considered the twelve zone change criteria established in Section 76-2-304, M.C.A., and found the proposed zone text amendments to be in compliance with the twelve criteria; and WHEREAS, at its meeting held on March 11, 2002, the City Commission found that the proposed zone text amendments would be in compliance with the Bozeman 2020 Community Plan and would be in the public interest. ~ _---:-____._n"_...__'__ ---- _ _n__ ,__ ._,_ ___. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That Section 18.04.725 be added to the Bozeman Municipal Code, so that such section shall read as follows; "18.04.725. Food Processing Facility. "Food processing facility" means a facility in which food is processed or otherwise prepared for eventual human consumption but not consumed on the premises." Section 2 That Section 18.34.020 of the Bozeman Municipal Code be amended so that such section shall read as follows; "18.34.020. Permitted uses. Permitted uses in the M-1 district are as follows: A. Principal Uses. Ambulance service Automobile, boat or recreational vehicle sales, service and/or rental Automobile parking lot or garage (public or private) Automobile repair facilities Bakery Banks and other financial institutions Building contractor's office Building materials sales Business and office machine sales, service and repair shop Cabinet shops Churches Community center or meeting hall Convenience food restaurant Essential.servicesJIvpe I) .,.........',.','.',',',',',',','",',',',',',',',',',',','...','.,.................. Fqqq...8r(jpj1!ss if1g...F~c;iIi1Y Health and exercise center Hotel or motel Manufacturing, light and completely indoors Medical, dental or health clinic Messenger or telegraph service station Newsstand Nursery, plant Offices Office supply and office equipment store Optician Public buildings Radio and television studio, without transmission towers Repair and service establishment for light consumer goods, such as appliances and furniture Research la,bHr~t()ri~:; .....'..,.,. ..,.".............,....... .'... .,...... ... ...,.........,.""", ,.,.....,...,..............,. ... .. ...,..,.,....... RestauranL()~qLJPying. n()tmQr~tl"\~n45%()fJ(jt~It:!LJilding~r~~(jf.Cif()()gproce$sjhg f;a~ility Sign shops Trade schools Travel agency Truck, bus and rail terminal facilities - 2 - .---------- ----."....-.--. Warehousing Warehousing, residential storage (mini-warehousing) B. Conditional Uses. Automobile service stations Adult business, located no closer than five hundred feet from any other adult use, home, residential district, school, place of worship, public park or any youth- oriented establishment Amusement and recreational facilities Animal shelters Automobile washing establishment, drive through Automobile washing establishment, self-service Day care center Essential services (Type II) Flour and feed mills ~~i~Je!1\\illlllllllllll;I~~~~~~II.II~ Grain elevators Machine shops Personal and convenience services Retail establishments other than principal uses listed in subsection A of this section Tennis and racquet clubs Truck repair facilities Truck stop Truck service station Truck washing establishment Veterinary clinics Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54 C. Accessory Uses. Personnel service facilities providing services, education, recreation, entertainment, food and convenience goods primarily for those personnel employed in the principal use Business signs Outside storage if accessory to a principal use and if screened from the street and surrounding properties by solid fence or dense plantings at least six feet high Trash receptacles Other buildings and structures typically accessory to permitted uses Temporary buildings and yards incidental to construction Any residential use which is clearly incidental to the operation of a permitted principal or conditional use, such as dormitories for the use of a scientific research center, caretaker and watchman, including residential use in connection with mini-warehousing for office/watchman purposes." Section 3 Repealer All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. - 3- ------- - Section 4 Savin as 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 5 Severability If any portion of this ordinance or the application thereof to any person or circumstances is held invalid. such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and. to this end. the provisions of this ordinance are declared to be severable. Section 6 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 15th day of April 2002. ATTEST: sTd~r~ V~1~ RO IN 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 29th day of ADri 1 2002. ATTEST: STEvd~R~~r ~.i~ Clerk of the Commission - 4 - .- .---- --.- .-...-