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HomeMy WebLinkAboutOrdinance 00- 1526, Adds § 18.04.1175; amends §§ 18.57.030, 18.57.040, 18.12.020, 18.26.040 .. -.--...-----.--.-.--- .-------- - ORDINANCE NO. 1526 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1513, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, AND AS FURTHER AMENDED BY ORDINANCE NO. 1514, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, AND AS FURTHER AMENDED BY ORDINANCE NO. 1516, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY ADDING A NEW SECTION 18.04.1175, ESTABLISHING A DEFINITION FOR "NONBROADCAST TELECOMMUNICATION FACILITY"; BY REVISING SECTIONS 18.57.030 AND 18.57.040, PROVIDING FOR REVIEW OF SUCH FACILITIES; BY REVISING SECTIONS 18.12.020, ESTABLISHING RECREATIONAL VEHICLE PARKS AS A CONDITIONAL USE IN THE RESIDENTIAL--SUBURBAN DISTRICT; AND BY REVISING SECTION 18.26.040, REMOVING A RESTRICTION ON COMMERCIAL DEVELOPMENT IN THE RESIDENTIAL--OFFICE 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 17th day of April 2000, the City Commission did adopt Ordinance No. 1513, adopting a new permanent zone code for the purpose of promoting the health, safety or general welfare of the city; and WHEREAS, on the 1 st day of May 2000, the City Commission did adopt Ordinance No. 1514, amending the permanent zone code; and WHEREAS, on the 15th day of May 2000, the City Commission did adopt Ordinance No. 1516, amending the permanent zone code; and WHEREAS, the City Commission has determined that additional amendments to that zone code are needed; and WHEREAS, the proposed amendments have been the subject of a public hearing before the Zoning Commission on the 2nd day of May 2000 and before the City Commission on the 15th day of May 2000. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 That Section 18.14.1175 be added to the Bozeman Municipal Code and that such section shall read as follows: ":~:!~:~t1:B:m1~~"NpQ~r9i~~ii~j:::~i~:~~~mm:9Q!~itipQ!i~mty'~i ~~@2~lilg~@~::fqjr:'::~!1~'::~r~:Q~ii'!~~!gD,gr~gQ~nqim:@D;~::i!q~::'!t$'IgggmmgD:!8~~19D@i&tm~~:j::~fgi$!,Q9t iQ9~qq~,':~~~:,::J?r~~~Q9~::::j:~:r:,ii!~~'~~n~'~~~~~~~t!niq'@!;;';~~;,:~::,::~!1I,~i'IQ9,Q,~r~~q9iit~~~ij~9~:~,y'Q'i91!igfi ~~gl!I!Y~9~,~Q9~"'~Q,p!y~@,:@n!8i!:,jq'~!~'::"m~1iri@1~~!9:r~9,g~:!:::9'r::':916i:r"':~lmn~r,,:,!i!~$,~W' I . ...- Section 2 That Section 18.57.030 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.57.030 Review Procedures. A. Purpose. The purpose of this section is to describe the standards and conditions under which certain uses may be permitted as principal or conditional uses in specific districts. B. General Application. All uses listed in this section shall be subject to the specific standards described for each use, in addition to all other applicable standards which may apply, and limited to those districts specified. The provisions of this chapter apply to Large Scale Broadcast Facilities and Small Scale Broadcast Facilities as defined in Chapter 18.04. The provisions of this chapter do not apply to facilities which meet the definition of Essential Services (Type 1) as defined in this Section 18.04.640 of this Chapter, nor to private antennae which are limited to reception only. C. The following review procedures shall be utilized in the review of Large Scale Broadcast Facilities. 1. A Large Scale Broadcast Facility shall be considered as a principal use in the M-1, M-2, and PLI districts, provided the facility meets all applicable standards, and shall be reviewed under the terms of Chapters 18.52 and this chapter. A Large Scale Broadcast Facility which establishes a second principal use on a proposed site will require a major site plan. A Large Scale Broadcast Facility proposed to be mounted on an existing structure may be reviewed, at the discretion of the Planning Director, as a minor site plan. A Large Scale Broadcast Facility proposed to be located on an existing structure which was previously reviewed for Large Scale Broadcast Facility use, where such proposed facility is in accordance with the original project approval, may be required to submit only a Sketch Plan, as described in Section 18.52. Large Scale Broadcast Facilities are exempt from the height limitations of these districts. 2. A Large Scale Broadcast Facility shall be considered as a Conditional Use in the BP, B-1, B-2 and B-3 districts and subject to Conditional Use Permit review as described in Section 18.53. The City Commission, in approving such a conditional use permit, shall find that the service provided by the proposed facility cannot be adequately received from other properly zoned locations. A Large Scale Broadcast Facility may not exceed the established maximum building height in the BP, B-1, B-2, or B-3 districts. A Large Scale Broadcast Facility shall not be permitted in the A-S, RS, R-1, R-2, R-2a, R-3, R-3a, R-4, R-O, and R-MH districts, except as part of a Planned Unit Development reviewed under Chapter 18.54, and only upon a demonstration that the service provided by the proposed facility cannot be adequately received from other properly zoned locations. 3. A Large Scale Broadcast Facility proposed to be located in the Conservation Overlay or Entryway Overlay districts shall require in addition to any other review procedure, a Certificate of Appropriateness. D. The following review procedures shall be utilized in the review of Small Scale Broadcast Facilities. 1. A Small Scale Broadcast Facility shall be considered as a principal use in the M-1, M-2, and PLI districts, provided the facility meets all applicable standards, and shall be reviewed as a minor site plan under the terms of Chapters 18.52 and this chapter. A Small Scale Broadcast Facility proposed to be located on an existing structure which was previously reviewed for either Large or Small Scale Broadcast Facility use, where such proposed facility is in accordance with the original project ~ 2 - --- - --..-- ____..._. __.__uu ____._ __._ approval, may be required to submit only a Sketch Plan, as described in Section 18.52. Small Scale Broadcast Facilities are exempt from the height limitations of these districts. 2. A Small Scale Broadcast Facility shall be considered as a principal use in the B-1, B-2, B.3, and BP districts, provided the proposed installation meets the definition of Stealth installation in Section 8.04.1485, and provided further, that the facility does not exceed the established maximum building height for the district proposed for such use. A Small Scale Broadcast Facility shall be reviewed as a minor site plan under the terms of Chapters 18.52 and this chapter. A Small Scale Broadcast Facility proposed to be located on an existing structure which was previously reviewed for either Large or Small Scale Broadcast Facility use, where such proposed facility is in accordance with the original project approval, may be required to submit only a Sketch Plan, as described in Section 18.52. A Small Scale Broadcast Facility proposed to exceed the established maximum building height may be permitted upon a determination that the service provided by the proposed facility cannot be adequately received from other properly zoned locations. 3. A Small Scale Broadcast Facility shall be considered as a conditional use in the AS, RS, R-1, R-2, R-2a, R-3, R-3a, R-4, R-O, and R-MH districts and subject to Conditional Use Permit review as described in Section 18.53. All Small Scale Broadcast Facilities in these districts must be Stealth installations, as defined in Section 18.04.1485, and may not exceed the established maximum building height for the district proposed for such use. The City Commission, in approving such a conditional use permit, shall find that the service provided by the proposed facility cannot be adequately received from other properly zoned locations. 4. A Small Scale Broadcast Facility proposed to be located in the Conservation Overlay or Entryway Overlay districts shall require in addition to any other review procedure, a Certificate of Appropriateness. 5. A broadcast facility of less than 500 watts effective radiated power proposed for the sole and exclusive, on-site use of a business, which business has otherwise been approved under Section 18.52, 18.53, or 18.54, and found to be in compliance with the maximum building height limitations of the zoning district, with all setback and other zoning requirements, and which has four or less square feet of total antenna surface area, may be permitted as an accessory use in any non-residential district. E. Submittal requirements for Large Scale and Small Scale Broadcast Facilities. The following information and data shall be submitted for broadcast facility plan review. 1. Site and landscape plans drawn to scale, as required by Chapters 42, 43, 52, 53, or 54 as may be applicable. 2. A report including a description of the tower with technical reasons for its design. 3. Documentation establishing the structural integrity for the tower's proposed use. 4. The general capacity of the tower, and information necessary to assure that ANSI standards are met. 5. A statement of intent on whether excess space will be leased. 6. Proof of ownership of the proposed site or authorization to utilize it. - 3 - 7. Copies of any easements necessary. 8. An analysis of the area containing existing topographical contours; and 9. A visual study depicting where within a three mile radius any portion of the proposed tower could be seen." Section 3 That Subsection B of Section 18.57.040 of the Bozeman Municipal Code be amended so that such subsection shall read as follows: "18.57.040 Standards. B. Setbacks/ Aesthetics 1. The provisions of this section may be waived by the approval body as determined by Chapters 18.52 or 18.53 where it has been demonstrated that the waiver will result in superior compliance with the intent and purposes of this title. 2. New towers greater than forty feet in height shall accommodate at least three service providers with accompanying area for equipment and access. Where multiple providers will be utilizing the same area and/or support structure, consideration should be given to the provision of a single building or other similar integration of equipment housing. A new tower may meet this requirement by correctly sizing the foundation and other structural elements to allow the future addition of height to the structure to accommodate additional users rather than immediately constructing the entire tower. This requirement will be able to be able to be waived by the governing body upon a showing of fact to overcome the presumption that multiple transmitters are desirable on a tower. 3. An applicant for a new tower in excess of forty feet in height shall demonstrate that there are no available openings on existing facilities which are technically and financially feasible and that a new structure is necessary. A site shall be deemed financially feasible if the cost is equal to or less than the cost of constructing a new tower. 4. All installations shall be as visually unobtrusive as is feasible. FAA and FCC regulations may require visual marking and lighting and may not be overridden by local regulations in this area. Unless otherwise required by the FAA or FCC towers shall be of a galvanized finish or be painted in neutral colors. Facilities and equipment mounted on existing structures shall be visually incorporated into the structure or background by the use of architectural elements. color, screening, or other methods. Installations located within the Conservation Overlay or Entryway Overlay districts shall be reviewed against the criteria of Chapter 18.42 and Chapter 18.43 as applicable. 5. No lighting or signage except a single four square foot business identification sign is allowed unless such lighting or signage is required by the FAA, FCC, or the City of Bozeman. 6. Special setbacks for towers shall be provided and/or a design for internal structural collapse to avoid damage or injury to adjoining property or users shall be provided. a. Residential district setbacks for a Large Scale Broadcast Facility shall be 100 percent of tower height which may be reduced to no less than 50 percent upon the provision and approval of an engineered design, stamped by a professional structural engineer licensed to practice in the state of Montana, establishing a smaller collapse area. b. A Large Scale Broadcast Facility in nonpresidential zones shall provide a minimum setback from the property lines of seventy-five percent (75%) of tower height which may be reduced to no less than twenty percent (20%) of tower height upon the provision and approval of an engineered design, stamped by a professional structural engineer licensed to practice in the state of Montana, establishing a smaller collapse area. All installations shall maintain the minimum zoning district setbacks including - 4 - __________n___ special setbacks for entryway corridors. An application for an Large Scale Broadcast Facility located less than one hundred percent (100%) of the tower height from the property line shall include a narrative addressing the issue of ice fall. 7. All structures shall be constructed in conformance with the most recent version of either the standards of the Uniform Building Code or the Electronics Industries Association and the Telecommunications Industry Association, commonly cited as EIA/TIA 222-E standards. The most rigorous standard shall govern. 8. Visual screening shall be provided in all residential areas and where a facility is located within a non-residential area which is visible, at grade, from a residential area. Screening shall provide an opaque screen within 18 months of establishment and be a minimum of four feet in height. The screening may be of landscape materials or a fence which otherwise complies with the zoning code. The site shall comply with the landscaping provisions of the zoning code as contained in Section 18.50.100. 9. Materials on the exterior of equipment shelters used in residential areas shall be of materials commonly used in the neighborhood. The architectural design of the shelter shall be compatible with surrounding residential structures. The intent of the requirements of this paragraph may be met by providing fencing or other visual screening compatible with the neighborhood, in compliance with all other sections of the code, which will obscure the entire equipment shelter. The screening shall be in place prior to the commencement of operations of the facility. 10. All Small Scale Broadcast Facilities established in one of the recognized historic districts or entry way overlay districts shall be installed in such a way as to maintain the historic or architectural character of the host site. All sites shall maintain the least possible visual obtrusiveness. 11. Applicants for a Small Scale Broadcast Facility or a Large Scale Broadcast Facility in residential areas shall provide an accurate photo simulation of the site with the proposed facility in place. The simulation shall be to scale, and include all feasible antennae depicted on the tower. Landscaping which is not shown or proposed on the accompanying site plan shall not be included in the simulation unless it exists on adjoining properties. Section 4 That Subsection B of Section 18.12.020. of the Bozeman Municipal Code be amended so that such subsection shall read as follows: "18.12.020 Permitted uses. B. Conditional Uses. Accessory Dwelling Units Agricultural uses on less than two and one half acres Churches Commercial stables Community residential facilities with more than eight residents Day care centers Essential services (Type II) FCC earth stations Golf courses Other recreational uses ~~9r9-i~iAq~l&,gbiQli,:'air~~ Schools Veterinary uses Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54." - 5 - - --. - -. -. ..----.- Section 5 That Subsection A of Section 18.26.040 of the Bozeman Municipal Code be amended so that such subsection shall read as follows: "18.26.040 Lot coverage and floor area, A. In the R.O district, lot coverage by principal and accessory buildings shall not be more than forty percent for residential uses nor more than sixty percent for any other uses. Nonresidential dC'/elopment shall not generate greater traffio thaA the traffie which would be generated by the maximum residential dovelopment, whieh eould occur with forty pereent coverage of the lot in question. The source for traffic generation projections will be the current edition of Trip Generation, published by the Institute of Transportation Engineers." Section 6 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 7 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 8 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. Section 9 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 5th day of September 2000. ATTEST: M~~~ ~ oi~ ROBIN L. SULLIVAN Clerk of the Commission - 6 - 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 18th day of September 2000. MARClzt~Q~ ATTEST: ~d~ ROBIN L. SULLIVAN Clerk of the Commission TO FORM: - 7 .