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Home My WebLink AboutOrdinance 97- 1439, Adds Ch. 18.45 and amends 88 18.04.350, 18.28.020, 18.30.020 and 18.32.020, zoning __u__.___.__.... ORDINANCE NO. 1439 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NOS. 1424 AND 1434, WHICH ORDINANCES ARE NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 18.04.350. 18.28.020, 18.30.020 AND 18.32.020; PROVIDING FOR REVISIONS TO THE DEFINITION OF "CASINO"; REMOVING CASINOS AS CONDITIONAL USES IN THE "B-1", "B-2" AND "B-3" ZONING DISTRICTS; AND BY . ADDING A CHAPTER TO BE NUMBERED 18.45, PROVIDING FOR CREATION OF CASINO OVERLAY DISTRICTS. BE IT ORDAINED by the City Commission of the City of Bozeman. Montana. that Section 1 That Section 18.04.350 of the Bozeman Municipal Code be amended so that such section shall read as follows: " 18.04.350 Casino. A. "Casino" means an establishment whose primary use or activity is gambling. either in the form of gambling machines (video poker. keno, etc.), card games, or other licensed gambling activity. A casino will normally have beverage and restaurant facilities as ancillary uses. In all instances. an establishment will be considered a casino for the purpose of these regulations if any of the following characteristics apply: . 1. The establishment is referenced as a casino by signage or by name; 2. More than one card table is on the premises; 3. Fifteen or more gambling machines are on the premises-;-ef 1. The predominant 30urce of ineome is from gambling revenue. B. GanorJlly, In e:;tJbli:;hment will not be eon:;iderad J e::t::;ino when the prembe contJin:; no live oard game::;, h::t:J las::; thJn ::;i)( gambling machines. and the gJmbling devices are olearly incidental to the prim::try u::;e of the establishment. 1?:'$h,~pprit:~M*,fAh,~9ij~jbp:,~~~~!?n$hfi1~htrrMijt9Pt~in~N1gQ~~m~":::~~ijj~'::::l!#~'6~~~g$gll ~199h9F9....~~Y~t~Q,.~$..f9r..t;9d~9mp+jqh.prjiib.~,....p,t~ffii$~$i." Section 2 That Section 18.28.020 of the Bozeman Municipal Code be amended so that such section . shall read as follows. "18.28.020 Permitted uses. A. Principal activities shall be limited to those which are completely enclosed within a building not larger than five thousand square feet in gross floor area. Accessory activities such as play areas associated with day care centers and patio dining areas for restaurants shall be permitted outdoors subject to approval by the appropriate reviewing authority. ---------------- .---.- B. Permitted uses in the B-1 district are as follows: 1 . Principal Uses. Day care centers Apartments located on the second or subsequent floors Essential services (Type I) Food stores, such as grocery stores, bakeries, etc. Personal and convenience services Restaurants (exclusive of drive-ins) . Retail uses 2. Conditional Uses. Automobile service stations Churches Essential services (Type II) Professional and business offices Restaurants serving alcoholic beverages Any use~~x%~p~q~~@9~; approved as part of a planned unit development subject to the provisions of Chapter 18.54 3. Accessory Uses. Fences Signs, subject to Chapter 18.65 Refuse containers Other buildings and structures typically accessory to permitted uses Temporary building and yards incidental to construction work Parking areas as required by Chapter 18.50." Section 3 . That Section 18.30.020 of the Bozeman Municipal Code be amended so that such section shall read as follows. '" 8.30.020 Permitted uses. Permitted uses in the B-2 district are as follows: A. Principal Uses. Ambulance service Antique shop and store Apparel and accessory store Art gallery Art supply stores Audio-visual equipment sales and rental Automobile parking lot or garage (public or private) Automobile or boat sales and/or rental service Auto supply store Bakery for on-site sales, less than four thousand square feet Banks and other financial institutions Barbershop . Beauty parlor Bicycle sales, service and repair shop Book and stationery store Bowling alleys Bus terminals Business and office machine sales, service and repair shop Candy and ice cream store Churches Cigar and tobacco store Clothing and costume sales and rental shop Community center or meeting hall Convenience food restaurant - 2 - Convenience uses Custom dressmaking, furrier, millinery or tailor shop employing five persons or less Dancing or theatrical studio Delicatessen and catering establishment Department store Drugstores Dry goods and notion store Dry cleaning and laundry establishment, for drop off/pick up service Apartments located on the second or subsequent floors . Essential services (Type I) Equipment sales and service Florist Frozen food storage and locker rental Furniture store Game rooms, poolhalls Garden supply store, indoor sales only Gift shop Grocery store (including retail markets and produce store) Hardware store, no exterior storage Health and exercise center Hobby and coin shop Hotel or motel Hunting and finishing supply store Interior decorator's shop Jewelry and metal craft store Laundromat. self-service Leather goods and luggage store Liquor store Lock and key shop Mail order catalog store Medical, dental or health clinic . Medical and orthopedic appliance store Messenger or telegraph service station Mortuary Museum Music and instrument sales, service and repair shop Music or dance studio Newspaper office Newsstand Nursery, plant Offices (as defined in this title) Office supply and office equipment store Optician Package liquor store. including drive~in Paint and wallpaper store Pawn shop Personal and convenience services Pet shop Pet grooming shop Photographic equipment and supply store Photographic studio Picture frame shop Private club, fraternity, sorority or lodge Public buildings . Radio or television sales, with/without service and repair Radio and television studio, without transmission towers Research laboratories Restaurants Secondhand stores Sewing machine store Shoe store Shoe repair and shoeshine shop Sporting and athletic goods store Tailor shop, less than five employees Theater, excluding drive-in theater Toy store - 3 - Travel agency Upholstery shops (excluding on-site upholstery service for cars, boats, trailers, trucks, and other motorized vehicles requiring overnight storage) Variety store Wallpaper store Watch repair shop Wholesale establishments that use samples, but do not stock on premises B. Conditional Uses. . Amusement and recreational activities Automobile repair facilities Automobile service stations Automobile washing establishment, drive-through Automobile washing establishment, self-service Bar (tavern, cocktail lounge) Bowling alley Building materials sales Business, technical or vocational school Ca3ino Community residential facilities Convenience food store with gas pumps Day care center Essential services (Type II) Hospitals Mortuaries Recreational vehicle sales and/or rental Restaurants serving alcoholic beverages Retail uses in addition to those principle uses listed Tennis and racquet clubs Veterinary clinics Video arcades . Wholesale distributors with on-premise retail outlets, providing warehousing is limited to commodities which are sold on the premises Any use}~*9,~r:@9~~!Q9~~ approved as part of a planned unit development subject to the provisions of Chapter 18.54 C. Accessory Uses. Fences Signs, as per Chapter 18.65 Refuse containers Other buildings and structures typically accessory to permitted uses Temporary buildings and yards incidental to construction work." Section 4 That Section 18.32.020 of the Bozeman Municipal Code be amended so that such section shall read as follows. "18.32.020 Permitted uses. Permitted uses in the B-3 district are as follows: . A. Principal uses. Ambulance servicl3s Antique shop and store Apartments, except on ground floor in "core area" as described above Apparel and accessory store Appliance sales, services Art galleries Art supply stores Audio-visual equipment sales and rental Automobile parking lot or garage (public or private) Auto supply store - 4 - Bakery for on~site sales, less than four thousand square feet Banks and other financial institutions Barbershop Beauty parlor Bicycle sales, service and repair shop Book and stationery store Business and office machine sales, service and repair shop Butcher shops (retail sales only) Candy and ice cream store Churches, except on the ground floor in "core area" as described in Section . 18.82.010(B) Cigar and tobacco store Clothing and costume sales and rental shop Community center or meeting hall Convenience food store Custom dressmaking, furrier, millinery or tailor shop employing five persons or less Dancing or theatrical studio Delicatessen and catering establishment Department store Dry goods and notion store Dry cleaning and laundry establishment, for drop off/pick up service Essential services (Type I) plus police and fire stations Florist Furniture store Game rooms, pool halls Gift shop Grocery store (including retail markets and produce store) Handicraft manufacturing, primarily for on-site retail sales Hardware store, no exterior storage Health and exercise center Hobby and coin shop Hotel or motel . Hunting and fishing supply store Interior decorator's shop Jewelry and metal craft store Laboratories, research and diagnostic, except on ground floor in core area as described in Section 18.32.010 Laundromat, self service Laundry, dry cleaning Leather goods and luggage store Libraries Liquor store Lock and key shop Mail order catalog store Medical, dental or health clinic, except on ground floor in core area as described in Section 18.32.010(8) Medical and orthopedic appliance store Messenger or telegraph service station Museum Music and instrument sales, service and repair shop Music or dance studio Newspaper studio Newsstand Offices, public or private, except on ground floor in core area as described in Section 18.32.010(8) . Optician Package liquor store Paint and wallpaper store Parking lots, except on ground level in core area as described above Pawnshop Pet shop Pet grooming shop Pharmacies Photographic equipment and supply store Photographic studio Picture frame shop Printing offices and publishing establishments - 5 - ..- --..::>~ .._-~- _n.__ Private club, fraternity, sorority or lodge Private schools, such as dance, business, secretarial and technical, but not private or public preschool, elementary or secondary schools, and not on ground floor in core area as described in Section 18.32.010(B) Public buildings Radio or television sales, with/without service and repair Radio and television studio, without transmission towers except on ground floor within the core area as described in Section 18.32.010(B) Repair services for clothes, dolls, small appliances, watches, glasses and such other items . Restaurants Secondhand stores Sewing machine store Shoe store Shoe repair and shoe shine shop Sporting and athletic goods store Tailor shop, less than five employees Theater, excluding drive-in theater Toy store Travel agency Upholstery shops, excluding on~site upholstering services of cars, boats, trucks and other heavy equipment Variety store Wallpaper store Watch repair shop Wholesale establishments that use samples, but do not stock on premises B. Conditional Uses. Automobile body shops Automobile service stations Automobile upholstery shops . Bakeries, other than as listed as principal uses in subsection A of this section Bar (tavern, cocktail lounge) Bowling alley Building materials sales Bus terminal Business, technical and vocation school Carwashes, hand operated C03ino Civic centers Convenience food restaurant Convenience food store with gas pumps Day care homes and centers Essential services (Type II) Hospitals Mortuaries Muffler sales and service shops Offices, on ground floor within the core area as described in Section 18.32.010(B) Restaurants serving alcoholic beverages Retail uses in addition to those principal uses listed in subsection A of this section Sign paint shops (not including neon sign fabrication) Video arcades Any use}gxp~pf~~~:@9~~ approved as part of a planned unit development ......................",. ,."..,.."........ . subject to the provisions of Chapter 18.54 C. Accessory Uses. Signs, as per Chapter 18.65 Refuse containers Other buildings and structures typically accessory to permitted uses Temporary buildings and yards incidental to construction work." Section 5 That the Bozeman Municipal Code be amended by adding Chapter 18.45, so that such - 6 - chapter shall read as follows: . . - 7 - m~i:~!~~QpQ.. ....~9*~t~~....a6q.wJdtJj..: ?b~f~.~b~lj'p~99rofQim9m'19;~t~~;h9W'~Y~r;hqt9~W.i4tH~h~11'~~.I~~~tH.ijD'99~"'HYQ9r~~f~.ijt ~09t~~IPt~r~~$b$llp~.~qf:fiC'i~6tt9Pb.i.yi9~~flJ$g(jif~qY~(r'q@t~~#~dtiQff~$rra#tp~rkid€l- 1,,~'~~S.Q9Q /H.~9~9py~r~ij~{ . ~~::::::~R<?lq~~9t1!~q91Y1\'1M~ri!~"~9\'1P~t~!fi9i,m~~IP~I#Q!iEP!9!:!!iB91!!i_~!@! ~~'~~Q;QZP i.'!.'\*~#1$i ~M~fy.l.q.t'WttbiQ~p~~.iQ9.PY~.fI~y.'.gt~tri2~~h~I!HijY~~H~..f911'9W!D~"'mfQirnYOO':Yif9~:;. (N9t@:.JS;IIY~r9$~D.~.llp.~$Lipj~9t1.91b~pt9Yi$iP0~@f8~gtj9hJ$.4!~;(:)Rg.~mq9~9'ti9t'i'1:?:$Q;~9Q(:P) wm~:m~ppti9?pj~.~) 1.~'l:4-.~+.~~.<>:'......~4,f~ihijh~:iijh!A ~~ximYmp9f1(;fingH~ igbtJI"\~P~~.in9.@Y~(I~y.gJ~~r.ip~$H.~!lp~"'tHlrtYtij~~'Ht:.::~~~tf:pt .W\!ij!:!IQ~~IMi1t!!lf99fP~Q!!9~19tlqII&9!~[9~!9!1~9i!i!!ii\tMI]!M9'!!9~]I9f;\t19!!i!!fi~~"!!MIf1iI!!!}I~9I~I:9[ ~.jt9r89f:.pir9H~@.9f.I~~~@h~t'i.:..8(1.g.." Section 6 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith am 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 or duties that matured, penalties and assessments that were incurred or proceedings that begun before the effective date of this ordinance. - 8 - _.___.u ._.. _ ~.. Section 9 Effective Date. This ordinance shall be in full force and effect on April 20, 1997. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at . a regular session thereof held on the 3rd day of March 1997. ( Dt7>7 ? /;Z;~ DON E. STUECK, Mayor ATTEST: ~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 17th day of March 1997. . (Ch,[ ~~ DON E. STUECK, Mayor ATTEST: rzrL :I ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: ./) - - , .' ~ V- / ,il /J . ----- ({(,{ -- --. ~f..-Y PAUL 1LE tt . City Attorney . - 9 -