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HomeMy WebLinkAboutOrdinance 96- 1434, Amends §§ 18.10.020, 18.12.020, 18.14.020, 18.50.020, 18.51.010, 18.52.020, zoning .. -.-----__:r_ ORDINANCE NO. 1434 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1424, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 18.10.020, 18.12.020, 18.14.020, 18.50.020, 18.51.010, AND 18.52.020; PROVIDING FOR ACCESSORY DWELLING UNITS IN SPECIFIED RESIDENTIAL ZONES; AMENDING THE PURPOSE OF THE DESIGN REVIEW BOARD, . ADMINISTRATIVE DESIGN REVIEW STAFF AND THE DEVELOPMENT REVIEW COMMITTEE; REVISING THE MEMBERSHIP OF THE DESIGN REVIEW BOARD; AND REVISING MEMBERSHIP REQUIREMENTS FOR THE ADMINISTRATIVE DESIGN REVIEW STAFF. BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that Section 1 That Section 18.10.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.10.020 Permitted uses. Permitted uses in the A-$ district are as follows: A. Principal Uses. . Agricultural uses One-family dwellings One-family mobile homes on permanent foundations which meet all the requirements of Section 18.50.180 Essential services (Type I) Family day care home Group day care home Nursery, plant Public parks B. Conditional Uses. ~gQij~~qrV~I~!!~n9'Yn!!~ Airfield, personal use Bed and breakfast homes Churches Community residential facilities Day care centers Essential services (Type II) Golf courses Group homes Hunting and fishing clubs . Public and private parks and playgrounds Veterinary uses Recreational vehicle parks and campgrounds Residence for owner or caretaker of recreational vehicle Q~~~i::~:~:Q~:::::::::::::::~:::::::::::::::::::::::::i::::: ,::~'~~:",,9~,mp9f9Mn~~ Parks and campgrounds Schools Temporary sales and office buildings Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54 C. Accessory Uses. FCC earth stations Fences Greenhouses Guesthouses Home occupations On-premise sale of products produced thereon Private garages . Private or jointly owned community center recreation facilities, pools, tennis courts and spas Signs, subject to Chapter 18.65 Single-family or multifamily dwellings to house employees working on the farm or ranch Temporary buildings and yards incidental to construction work Tool sheds for storage of domestic supplies Other buildings and structures typically accessory to residential and agricultural uses." Section 2 That Section 18.12.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.12.020 Permitted uses. Permitted uses in the R-$ district are as follows: A. Principal Uses. . Agricultural uses on less than two and one-half acres, including barns and animal shelters and the keeping of animals and fowl, together with their dependent young, as hereinafter set forth per two and one-half acres: one horse or one cow; two sheep or two goats; ten rabbits; thirty-six fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.) One-family dwellings One-family mobile homes on permanent foundations which meet all the requirements of Section 18.50.180 Essential services (Type I) Family day care home Group day care home Public and private parks and playgrounds. B. Conditional Uses. -I9P:~:'~PrY9:i~!~!PQ:!ii:~~O~!i Agricultural uses on less than two and one-half acres Churches Community residential facilities . Day care centers Essential services (Type II) FCC earth stations Golf courses Group homes Veterinary uses Other recreational uses Schools Temporary sales and office buildings Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54 - 2 - -- C. Accessory Uses. Fences Greenhouses Guesthouses Home occupations Private garages Private or jointly owned community center recreational facilities, pools, tennis courts and spas . Signs, subject to Chapter 18.65 Temporary buildings and yards incidental to construction work Tool sheds for storage of domestic supplies Other building:~ and structures typically accessory to residential or agriculture uses." Section 3 That Section 18.14.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.14.020 Permitted uses. Permitted uses for the R-1 district are as follows: A. Principal Uses. One-family dwellings Essential services (Type I) Family day care home . Group day care home Public parks B. Conditional Uses. Ip9~~~:~rM:::'~:~~mB:9:!@l~~ti Churches Community residential facilities Day care centers Golf courses Group homes Schools Temporary sales and office buildings Private storm water control facilities Any use approved as part of a planned unit development subject to the provisions of Chapter 18.54 C. Accessory Uses. Fences Greenhouses Guesthouses . Home occupations Private garages Private or jointly owned community center recreational facilities, pools, tennis courts, spas Signs, subject to Chapter 18.65 Temporary buildings and yards incidental to construction work Tool sheds for storage of domestic supplies Other buildings and structures typically accessory to residential uses." Section 4 That Section 18.50.020 of the Bozeman Municipal Code be amended so that such - 3 - ____ _. u.__ ---.....----...--.. section shall read as follows: "18.50.020 Standards for sDecific uses. A. Purpose. The purpose of this section is to further describe the standards and conditions under which certain uses may be permitted as principal or conditional uses in specific districts. B. Applicability. 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. C. Specific Uses And Standards. 1. Automobile Service Station. In addition to the requirements to be followed for all convenience uses as defined in this title and provided in Section 18.50.020(C)(8) of this title, the following requirements shall apply to all service station and automobile uses as listed below. Compliance with all criteria listed below does not necessarily guarantee approval by the city. a. At least one frontage is to be on a major arterial street as designated in the Bozeman master plan. b. Gas pump and pump island canopies are to be located not closer than ten feet to any side or rear property line. Design of the canopy shall architecturally match the design of the main building. All canopies shall be connected to the roof of the main structure unless otherwise approved. All canopy lighting must project downward, not upward or outward from the structure and must be low pressure sodium. The maximum height of the canopy shall not exceed eighteen feet. All . signs must conform to the Sign Code of the Bozeman Zoning Ordinance, Chapter 18.65. c. All on-site activities except those normally performed at the fuel pumps are to be performed within a completely enclosed building. Paint-spraying or body and fender work is not permitted. d. Where towing service is to be provided, a parking bay for the towing vehicle is to be provided and screened. The vehicle shall be screened on three sides with a minimum six-foot opaque wall which architecturally matches the main building. Vehicles that are either under repair or vehicles that have been repaired may be stored on a temporary basis, not to exceed seven days and designated parking bays must be provided for each vehicle awaiting repairs. e. All outdoor lighting shall be so arranged as to be directed on the premises and reflect away from any residential property. In addition, all lighting shall be attached to the main structure unless otherwise specifically approved. f. All structures approved under this conditional use permit shall be . of a design character that is appropriate to the area in which they are to be constructed. Renderings of buildings shall accompany each application and construction shall be in conformity thereto. Architectural detailing shall be consistent on all four sides of the building. g. All rest room entrances shall be screened from view of adjacent properties or street rights-of-way by a decorative wall or landscaping, or shall be accessed from the inside of the main entrance to the building. h. No outside storage of, and no sale, lease or rental of trailers, trucks or similar equipment shall be permitted except as may be - 4 - specifically allowed in that zone. i. Parking space for two vehicles per each service stall in the station, but no less than four spaces, shall be provided. Pump islands shall not be considered as service bays. Standing areas at pump islands and interior circulation areas shall not be used as parking areas in calculating required parking spaces. 2. Automobile Washing Establishment, Automatic. In addition to the . requirements to be followed for all convenience uses, the following requirements shall apply to all automatic auto washing establishments as listed below. Compliance with all the criteria listed below does not necessarily guarantee approval by the City. a. All detergents must be biodegradable. b. Any lights used to illuminate the area shall be directed away from adjacent residential properties. c. Building surfaces shall be faced with masonry, brick, stucco, wood or some other permanent. looking material. Corrugated metal is prohibited. 3. Automobile Washing Establishment, Self-Serve. In addition to the requirements to be followed for all conveniences uses, the following requirements shall apply to all self-serve automobile washing establishments, as listed below. Compliance with all the criteria listed below does not necessarily guarantee approval by the city. a. All detergents must be biodegradable. . b. Trash and litter containers shall be emptied daily. In addition, the site shall be patrolled at least once daily in order to remove litter. c. Sale of automobile accessories such as batteries, tires, gasoline, etc. is prohibited. d. Building surfaces shall be faced with masonry, brick, stucco, wood or some other permanent-looking material. Corrugated metal is prohibited. e. Any lights used to illuminate the area shall be directed away from adjacent residential properties. f. Canopies are to be located not closer than ten feet to any side or rear property line. Design of the canopy shall architecturally match the design of the main building. All canopy lighting shall project downward, not upward or outward from the structure. The maximum height of the canopy shall not exceed eighteen feet. All signs must conform to the Sign Code of the Bozeman Zoning Ordinance, Chapter 18.65. . 4. Automotive Repair Facilities. a. All repairs shall be performed within a building. b. No site plan shall be approved which exposes unassembled vehicles, auto repair activities or auto parts to any street or residential district. c. All vehicles awaiting repair shall be screened from view by a masonry or wood wall or approved landscape screen. - 5 . ____n 5. Cemeteries. a. Total site area, including business office and storage building, shall be a minimum of forty acres, of which at least ten acres shall be subdivided and developed in the initial plot. b. The cemetery may include accessory uses such as a chapel, a mortuary, an office, a mausoleum, and those industrial uses which are incidental to the operation of a cemetery. Industrial uses may include . such things as the manufacture of burial vaults and headstone foundations, provided all of the products are used on the site and are not offered for sale and use elsewhere. The cemetery shall not include uses of an industrial nature other than those stated in this section. 6. Convenience Uses and Drive-Through/Drive-In Restaurants. a. Location and Size. i. Convenience uses may be located only at intersections of arterial streets as designated in the Bozeman master plan. ii. The site area for any convenience use shall be a minimum of two acres, unless such convenience use is planned, designated and approved by the city to be developed in conjunction with an approved site plan for one or more additional uses and buildings. b. Architectural Guidelines. i. All convenience uses shall be designed in an . architectural and design character that is appropriate for and compatible with the area. ii. Use of standardized corporate identification themes integrated into the architectural design shall be regulated by the planning board. Excessive use of such themes may be used as grounds for denial of the project. III. When located in shopping centers, the architectural character of the building shall be integrated with the design theme of the center through the use of the same building materials, shapes and details. The effect of color in creating a design character that is appropriate for and compatible with the area will be considered. All parking, circulation, driveways, setbacks and signage shall be integrated with the entire design theme of the project. iv. The elevation design of the building shall provide design character and detailing on all four sides. c. Noise. . i. Noise from drive-through speakers shall not be audible from adjacent, residential districts. 7. Mini-Warehouses. a. Minimum site size shall be one acre. b. On-Site Circulation, Drives and Parking. i. Each mini-warehouse site shall provide a minimum of two exits. - 6 - ----------------- - ----- ii. All one-way driveways shall provide for one ten-foot parking lane and one twelve-foot travel lane. Traffic direction and parking shall be designated by signing or painting. i i i. All two-way driveways shall provide for one ten-foot parking lane and two ten-foot travel lanes. iv. The parking lanes may be eliminated when the driveway . does not serve storage cubicles. 8. Outdoor Sales and Display. a. Merchandise which is offered for direct sale, rental or lease to the ultimate consumer or user may be displayed beyond the confines of a building in any commercial district, but the area occupied by such outdoor display shall not constitute a greater number of square feet than ten percent of the ground floor area of the building housing the principal use, unless such merchandise is a type customarily displayed outdoors such as automobiles and garden supplies. In such cases, the maximum area for outdoor sales and display shall not exceed fifty percent of the total lot area. b. Outdoor sales and display areas shall not be located in any required yard. 9. Recreational Vehicle Park and Overnight Campground. a. Recreational vehicle parks shall be screened from view of any residential development. . b. Internal circulation roads shall be paved with a concrete or asphaltic concrete surface. c. Individual recreational vehicle parking pads shall be plainly marked and maintained with a dust-free surface. d. Individual recreational vehicle parking pads shall be set back at least thirty feet from the perimeter of the park and thirty feet from any public street right.of-way. e. Approved trash disposal and bathroom and laundry facilities, including facilities for the handicapped, shall be provided for use of overnight campers. 10. Stable, Commercial. a. The minimum property size shall be ten acres. b. The proposed site shall not be adjacent to subdivided single-family residential property unless that residential property contains an . equestrian easement along the contiguous boundary. c. Structures or facilities used for stabling, storing, showing or training of animals shall be set back a minimum of one hundred feet from any adjacent privately owned property. Dwelling units, accessory structures incidental to dwelling units, and irrigated pasturage may occur within the one hundred foot setback area subject to the setback requirements of the applicable zoning district. d. There shall be a forty-foot yard adjacent to any street. e. There shall be no shows or other activities which would generate more traffic than is normal to a residential area, unless the. proposed - 7 - ---- -....-- site has direct access from an arterial street as set forth in the Bozeman Master Plan. Permission for such shows and activities shall be obtained from the city. Notification shall be provided in a letter that explains the nature and duration of the activity, and accommodations for spectators, traffic control and additional parking for cars and trailers. This letter shall be submitted to the etty clerk ~t111:11~~~:::::99Iro'i~~~~1j at least one month prior to the date of the show or activity. f. All pasture and animal storage areas shall be enclosed with fences . or walls of a minimum of four feet six inches in height. The design of these enclosures shall be shown on drawings submitted with the conditional use application. g. All laws applicable to the public health and appropriate care of animals must be complied with for the entire period of operation of the stable. h. All activity, and pasture areas that are not grassed shall be treated for dust control as approved by the planning director. i. Adequate parking for daily activities shall be shown on the site plan and improved to city parking standards. Additional parking, improved as determined by the planning director, shall be provided for shows or other special events. 11 . Tennis or Racquet Club. a. The use will be compatible with any adjacent neighborhood and will not be detrimental to the same due to: . i. Increased automobile traffic; ii. Noise generated from within the site. b. The minimum property size shall be three acres. c. If outdoor courts are lighted, lighting shall be placed and shielded so as not to be detrimental to adjoining properties, shall shine down on the courts and not up or out. d. Fencing of outdoor courts shall not exceed sixteen feet in height and may be required to be opaque by the design review board. e. There shall be no shows, tournaments or other activity which would generate more traffic than is normal to a residential area, unless access is provided from an arterial street as set forth in the Bozeman area master plan. If access is not provided from an arterial street, permission for such shows and activities shall be obtained from the city commission. Permission shall be requested in a letter with a site sketch that explains the nature and duration of the activity and accommodations for spectators, additional parking and traffic control. . This letter shall be submitted to the effy clerk g~,:::t:~~::~~~GPmii~~!:gn for city commission consideration. f. There shall be a landscaped fifty foot buffer strip adjacent to any residential zoning district, or as otherwise determined by the design review board. g. Hours of operation may be controlled by the city commission. h. Perimeter fencing of the site may be required by the design review board. - 8 - --- ..-.. . . . - 9 . ---- .n .,It,tlii.fI1l 1~liii:l:illllllll"i~II:lllllllp1~::i:ii::I~!~:,:':;[i;~~gt"'::;;lg;~I~h Section 5 . That Section 18.51.010 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.51.010 Puroose of desian review board, administrative desian review staff and develooment review committee A. Purpose. The design review board, administrative design review staff and the development review committee are established to coordinate, expedite and assure fair, equitable implementation of this title. The objective, to be implemented through their procedures and deliberations, shall be to encourage development quality that will enhance both the natural and built environments, with full consideration to present and future property values. The development review committee is established to evaluate all proposals subject to the provisions of Chapter 18.52; the development review committee shall act as an advisory body for larger and more complex proposals, and an approval body for smaller and less complex proposals. The design review board is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact, including major site plans and conditional use permits located within overlay districts and all planned unit developments, and to provide recommendations regarding such proposals to the city- . county planning board and city commission, subject to the provisions of Chapter 18.52, The administrative design review staff is established as the approval body for aesthetic considerations of smaller and less complex proposals, including sketch plans within overlay districts, which are less likely to produce significant community impact, subject to the provisions of Chapter 18.52. B. Development Review Committee Procedures Established. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or bi-weekly meeting attended by representatives of each of the city or county departments charged with development review, each representative of which shall have decision making capability and authority (veto power). Tape recorded and written meeting reviews setting forth decisions and findings shall be made. These records shall be preserved as part of the official proceedings for each development proposal. Lastly, the ORC shall generally follow "Robert's Rules of Order" and may prepare and adopt supplemental procedural rules that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the developmental review process. 1. The committee shall at a minimum be composed of the following personnel: director of public service or designee, fire marshal or designee, the superintendent of streets/garbage or designee, the superintendent of . water/sewer or designee, the city-county planning director or designee, and the building official or designee. When necessary, other members of the committee may include: the police chief or designee, the superintendent of parks/cemetery or designee, the recreation superintendent or designee, the city manager or designee, with other individuals to be included as necessary at the city-county planning director's request. 2. When applicable, county personn~1 may be included on the committee, including the county subdivision review officer or designee, the county sanitarian or designee, the county road superintendent or designee, with other individuals to be included as necessary at the county commission's req uest. 4 10 - ~-'-- -- ------ - -' --_.._--'~- ~. C. Design Review Board Procedures Established. 1. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly meeting attended by members of the board. Tape recorded and written meeting reviews setting forth decisions and findings shall be made. These records shall be preserved as part of the official proceedings for each developmental proposal. Lastly, the DRB shall generally follow "Robert's Rules of Order" and may prepare and adopt supplemental procedural rules, upon the approval of the city commission, that will assure the . accomplishment of the stated purpose and promote the efficiency and effectiveness of the design review process. 2. The board shall consist of six professional and~~I~ non~professional members*: os follows: Professional members $b~m:,:~~ degreed in their respective disciplines and/or otherwise licensed~u&f'certified~1::::9:~j!~~~9,:~:~'rl~:~! t~ppgD1ggtt by their respective professional authorities thrcc orchitccts; two of the following three: architectural historian, I;:mdscapc architcct/dcsigncr, or urb;:m planncr; and, thc planning director or dcsigncc to scrvc os on cx officio, no nvoti n 9 cho i r . Xh~::p:r9!~,~~!gm@19PQ~ip9~Q~~b?IIGP:Q'~i,~~','9j~:,!gp:( .,t,J:....,!fJ~'!"gi be individualj with a6 demonstrated interest in1 aOO (,)'r knowledge oN i:fa:hl'fEiafUrl;urban des-ign aAdfor historic preservation. No member of the :.;.;.:.;.:.:.;.;.;.;.;.:.:.:.:.:.:.;.:.;.:.;.:.:.;.:.:.:.:.:.:.:.;.:...; design review board shall serve concurrently as a member of the Bozeman city-county planning board. A quorum of the DRB shall be #tree ;f'Q:q:" voting members~j and one of the members constituting the quorum must be an architect. D. Administrative Design Review Staff Procedures Established. . 1. To implement this purpose, certain procedures shall be adopted, including the administrative evaluation of a proposal without public notice or comment unless a deviation from the underlying zoning is requested. After a proposal has been evaluated by the ADR staff, said staff shall issue a written decision that shall include findings and may include a notice of required corrections. The ADR Staff may call a conference with the applicant to determine design alternatives, or the applicant may call a conference with the ADR staff for said purpose; any such conference shall be conducted prior to the issuance of a building permit for the proposal. ~~::j~':~I;::J~I~i~:i,~:0i~~~~~~~~:i~l~i,~:~:~:j]::m~~:il~~'~~~,i~~~~Q~~~!~:r~~~;:'.p~8~rtdSJ~~ otherwise licensed or certified by theiftHitl"1~r respective professional authorities, in an environmental design discipline such as architecture, iiilll;ii~lDlii~I~~'lllllll'rilllilll Section 6 . That Section 18.52.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.52.020 Sketch Dlan review A. Sketch Plan Submittal Requirements. 1. Certain independent development proposals (i.e., not in conjunction with other development) are required to submit only sketch plans, drawn to scale and in sufficient detail to demonstrate compliance with all zoning requirements. Sketch plans shall be oriented with north at the top of the - 11 - page and shall also show site boundaries, street and alley frontages with names, and location of all structures with distances to the nearest foot between buildings and from buildings to property lines. 2. Separate construction plans are necessary for building permits when the proposal requires such permits. Additional information is also necessary when the proposal requires the issuance of a certificate of appropriateness (see Section 18.52.050). 3. Examples of independent projects which qualify for sketch plan review . are: individual single-family, two-family, three-family, and four-family residential units, each on individual lots; mobile homes on individual lots; fences; signs in compliance with zoning requirements; special temporary uses; home occupations; and accessory structures associated with these uses. Other similar projects may be determined by the planning director to require only sketch plan review. The planning director shall determine all submittal requirements. B. Sketch Plan Review Procedures 1 . No Certificate of Appropriateness Required. Sketch plans for projects which do not require a certificate of appropriateness shall be submitted to the planning staff for a determination of compliance with zoning requirements. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. 2. Certificate of Appropriateness Required. Sketch plans and such additional information as may be required for projects which require a certificate of appropriateness as per Section 18.52.050 shall be submitted to the ADR staff, who shall review the proposal for zoning compliance, . including compliance with the applicable overlay district requirements. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. Review and approval authority for sketch plans that require certificates of appropriatcnes3 shall rest with the DRB if the ADR staff consists of less than two members. C. Sketch Plan Review Criteria. Sketch plans shall be reviewed for compliance with all applicable zoning requirements including overlay district requirements and the cessation of any current violations of this title, exclusive of any legal nonconforming conditions. " Section 7 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 8 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. - 12 - ----- Section 9 Savings Provision. This ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred or proceedings that begun before the effective date of this ordinance. . Section 10 Effective Date. This ordinance shall be in full force and effect on January 1, 1997. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 4th day of November 1996. {0"", / ~-p DON E. STUECK, Mayor ATTEST: ~;/ d~;.- . 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 18th day of November 1996. (QL~~ DON E. STUECK, Mayor ATTEST: Cf~oI ~ ROBIN L. SULLIVAN . Clerk of the Commission APPROVED AS TO FORM: .'--j .' ,.. //~. .....)" /<" - . /,., -"'-7 . .,' ~..---/ />/'. .~~). ~"/'~ /~ ,-> /atf( 'X 4/-{O-€ ;PA~ City orney - 13 - __._.___n_____