HomeMy WebLinkAboutOrdinance 12- 1838 Revising section 38 of the BMC to clarify Residential Uses to
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ORDINANCE NO. 1838
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY REVISING SECTIONS 38-08-020, 38.42.660, 38.42.760 AND
38.42.1420, CLARIFYING AUTHORIZED RESIDENTIAL USES AND
ESTABLISHING A REASONABLE ACCOMMODATION PROCEDURE.
WHEREAS, the proposed text amendment application has been properly submitted,
and reviewed, and all necessary public notice was given for all public hearings; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on
August 7, 2012, to discuss the proposed text amendment, and receive and review all written and
oral testimony on the request for the text amendment; and
WHEREAS, as shown in Zoning Commission Resolution Z-12187, the Bozeman
Zoning Commission recommended to the Bozeman City Commission that the proposed text
amendments be approved; and
WHEREAS, after proper notice, the City Commission held a public hearing on August
27, 2012, to receive and review all written and oral testimony on the request for a text
amendment to the Bozeman Municipal Code; and
WHEREAS, the City Commission reviewed and considered the relevant text
amendment criteria established by Section 76-2-304, M.C.A., and found the proposed text
amendment to be in compliance with the purposes of the title as locally adopted in Chapter 38,
Bozeman Municipal Code; and
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WHEREAS, at its public hearing, the City Commission found that the proposed text
amendment would be in compliance with Bozeman's adopted growth policy and applicable
statutes and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section I
That Section 38.08.020,Bozeman Municipal Code be amended to read as follows:
"See. 38.08.020. -Authorized uses.
A. Uses in the various residential districts are depicted in Table 38.08.020 in subsection-9 C of
this section. Principal uses are indicated with a "P," conditional uses are indicated with a Itc,11
accessory uses are indicated with an "A" and uses which are not permitted with the district are
indicated by a "-."
B. Additional uses for telecommunication uses are contained in article 29 of this chapter.
C. The uses listed are deliberately broad and some are given special definitions in article 42 of
this chapter. The intent of this method is to provide general guidance for uses while allowing the
unique needs and circumstances of each proposal to be specifically addressed through the review
process. Some uses are the subject of special regulations contained in article 22 of this cha pter.
Section 2
That Table 38.08.020. of the Bozeman Municipal Code be amended to read as follows:
Table 38.08.020
Table of Residential Uses Authorized Uses
R-2 R-3 R-4 R-0 RMH
Accessory dwelling units 8,9 C C P P P P
Agricultural uses on 2.5 acres or more' P -
Agricultural uses on less than 2.5 acreS2 C —
Apartments/apartment building, as defined in article — P P
42 of this chapter
Assisted hivia&lderly ear-e faefli c- P P-
Bed and breakfast C C C C P P
Commercial stable C
Community centers C I C C C C P I—C
Page 2 of 20
Community residential facilities with eight or fewer P P P P P P P
residents _
Community residential facilities serving nine or - C P P
more residents
Cooperative housing C C C P P P C
Day care centers C C C P P P C
Essential services ('Type 1) P P P P P P P
Essential services (Type 11) C — - - I — — I --- C
Extended stay lodgings C C C P P P
Family day care home P P P P P P P
Fences A A A A A A A
Fraternity and sorority houses — — — C P P —
Golf courses C C C - — — C
Greenhouses A A A A A A —
Group day care home P P P P P P P
Guesthouses A A A A A A —
Home-based businesses AJC A/C A/C A/C A/C A/C A/C
Lodginghouses - — C P P —
Offices — — — — C, P
Other buildings and structures typically accessory to A A A A A A A
authorized uses
Private garages A A A A A A A
Private or jointly owned recreational A A A A A A A
Facilities
Private storwater control facilities A A A A A A A
Private vehicle and boat storage A A A A A A A/C`S
Public and private parks P P P P P P P
Manufactured homes on permanent foundations P P P P P P P
Manufactured home communities — — — -- - — P
Medical offices, clinics, and centers — — — C P —
Recreational vehicle parks C — — — — — P
Signs, subject to article 28 of this chapter A A A A A A A
Single-household dwelling P P P P P P P
Temporary buildings and yards incidental to A A A A A A A
construction work
Page 3 of 20
Temporary sales and office buildings A A A A A A A
Three- or four-household dwelling — — — P P P —
Two-household dwelling — — P P P P —
Townhouses (two attached units) P7 P7 P P P P Pa
Townhouses (five attached units or less) — — — P, P P —
Townhouses (more than five attached units) — — — P P —
Tool sheds for storage of domestic supplies A A A A A A A
Uses approved as part of a PUDs per article 20 of this C C C C C C C
chapter
Veterinary uses C — — —
Notes:
`Manufactured homes are subject to the standards of section 38.22.130.
Agricultural uses include barns and animal shelters, and the keeping of animals and
fowl,together with their dependent young, as hereinafter set forth per 2.5 acres:
one horse or one cow; two sheep or two goats; ten rabbits, 36 fowl (chickens,
pheasants, pigeons, etc.) or six larger fowl (ducks, ,geese,turkeys, etc.). For larger
parcels the planning director may determine that a larger number of livestock is
consistent with the requirements of this section.
3Only when in conjunction with dwellings.
4Storage for more than three recreational vehicles or boats.
'Home-based businesses are subject to the terms and thresholds of section 38.22.110.
6 I the R-3 district, townhouse groups shall not exceed 120 feet in total width
71n the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy
the requirements of chapter 10, article 8,Affordable Housing. May only be
utilized in developments subject to chapter 10, article 8.
sNot permitted on reduced size lots for work force housing as described in chapter 10,
article 8.
Accessory dwelling units in the RS and R1 districts shall be permitted to be placed
above garages only in subdivisions receiving preliminary plat approval after
January 1, 1997.
Section 3
That Table 38.09.020. of the Bozeman Municipal Code be amended to read as follows:
Page 4 of 20
Table 38.09.020
Table of Uses Maximum Gross Authorized Uses
Building Area
Accessory dwelling unit P
Apartments and apartment buildings P
Arts and entertainment center 12,000 square feet P
Automobile fuel sales C
Automobile parking lot or garage (public or P
private)
Automobile washing establishment C
Banks and other financial institutions P
Bed and breakfast P
Business,technical or vocational school P
Community centers P
Community residential facilities with eight or P
fewer residents
Communily residential facilities serving nine or P
more residents
Convenience uses except for automobile fuel sales P
(as listed above)
Cooperative household P
Convenience use restaurant 5,000 square feet P
Da Bare—Famil , Erou2, or center P
Essential services (Type 11) C
Extended-stay lodgings 40,000 square feet P
Fraternity, sorority or lode P
Grou E living p
Health and exercise establishments P
Home-based businesses (subject to section P
38.09.030 only)
Hos pitals C
Hotel or motel 40,000 square feet P
Laboratories, research and diagnostic 10,000 square feet P
Laundry service center P
Light goods repair P
Lodging houses P
Manufacturing (light and completely indoors) 5,000 square feet P
Museum P
Medical and dental offices, clinics and centers P
Meeting hall P
Offices P
Page 5 of 20
Other buildings and structures (typically accessory A
to permitted uses)
Personal and convenience services P
Pet groominash2p P
Printing offices and publishing establishments 5,000 square feet P
Public buildings P
Refuse and recycling containers A
Restaurants P
Retail uses less than or equal to 5,000 square feet 5,000 square feet P
Retail uses greater than 5,000 square feet and less 12,000 square feet P17
than orequal to 12,000 square feet
Retail uses greater than 12,000 square feet and less 25,000 square feet PI,
than orequal to 25,000
Sales of alcohol for on-premise consumption—No C
gaining allowed
Single household dwelling P
Three- or four-household dwelling P
Townhouses (five attached units or less) P
Two-household dwelling P
Veterinary clinic C
Wholesale distributors with on-premise retail 10,000 square feet C
outlets (providing warehousing is limited to
commodities which are sold on the premises)
Wholesale establishments (ones that use samples, 5,000 square feet C
but do not stock on remises)
Any use, except adult businesses and casinos, C
approved as part of a planned unit development
subject to the provisions of article 20 of this
chapter.
Notes:
'Excluding adult businesses as defined in article 42 of this chapter.
Limited to no more than four structures per 100 acres of contiguous master planned
development and subject to section 38.09.020.0.
3Limited to no more than two structures per 100 acres of contiguous master planned
development and subject to section 38.09.020.0.
4Convenience use restaurants with drive-ups or drive-throughs require additional
buffering when adjacent to residential uses which may include, but are not limited
to sound barrier walls, berms, and/or landscaping.
Section 4
That Table 38.10.020. of the Bozeman Municipal Code be amended to read as follows:
Page 6 of 20
Table 3 8.10.020
Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
Ambulance service P P
Apartments and apartment buildings , as defined in this P P /C P'
cha ter
Arts and entertainment center, as defined in this chapter P P P
Assisted living/elder-1),eare faeilitie-s G
Automobile fuel sales or repair, as defined in this chapter C C C
Automobile parking lot or garage (public or private) P P P
Automobile washing establishment C P C
Banks and other financial institutions P P P
Business,technical or vocational school - C P
Bus terminals — C C
Community centers P P P
Community residential facilities with eight or fewer residents P P /C P
Community residential facilities serving nine or more residents — C
Convenience uses C P C
Convenience use restaurant P P P
Day care centers P p P
Essential services (Type 1) P P P
Essential services (Type II) — p P
Extended-stay lodgings — P P
Food processing facilities — C —
Frozen food storage and locker rental ---- P —
Health and exercise establishments P /C P P
Hospitals — P C
Hotel or motel — P P
Laboratories, research and diagnostic — P P
Laundry, dry cleaning C C
Li ht goods repair, as defined in this chapter C A
Lod in houses ---- C C
Manufacturing, light and completely indoors — C —
Mortuary — C C
Museum — C C
Medical and dental clinics P /C P P
Meeting hall - P P
Offices, as defined in this chapter P /C P P
Other buildings and structures typically accessory to permitted A A A
uses
Parking facilities P P P
Personal and convenience services, as defined in this chapter P P P
Pet grooming sho p P P P
Page 7 of 20
Printing offices and publishing establishments — — C
Private club, fraternity, sorority or lode — P P
Public buildings P P P
Refuse and recycling containers A A A
Research laboratories — P P
Restaurants P5 P P
Retail uses, as defined in this chapter P2 P` P
Retail, large scale — P
Sales of alcohol for on-premises consum tion , C C C
Sign paint shops (not including neon sign fabrication) — P C
Upholstery shops (excluding on site upholstery service for — P P
cars, boats, trailers, trucks and other motorized vehicles
requiring overnight storage)
Veterinary clinic ----- C —
Wholesale distributors with on-premises retail outlets, — C
providing warehousing is limited to commodities which are
sold on the premises
Wholesale establishments that use samples, but do not stock on P P
remises
Any use, except adult businesses and casinos approved as part C C C
of a planned unit development subject to the provisions of
article 20 of this cha pter
Notes:.
'When located on the second or subsequent floor, or basement as defined in article 42 of
this chapter.
2Excluding adult businesses, and large scale retail, as they are defined in article 42 of this
chapter.
3Except on ground floor in the core area as defined in this article.
Private arts instruction shall only be on the second or subsequent floor in the core area as
defined in this article.
'Exclusive of drive-ins.
6May be subject to the provisions of chapter 1.0, article 8.
Also subject to chapter 4, article 2.
Section 5
That Table 38.11.020. of the Bozeman Municipal Code be amended to read as follows:
Table 38.11.020
Table of Uses I Authorized
Page 8 of 20
Uses
Ambulance service P
Apartments and a artment buildin. s (as defined in this chapter) P
Arts and entertainment center(as defined in this chapter) p
Assisted living/elderly eafe faeflities P
Automobile fuel sales or repair (as defined in this chapter) C
Automobile parking lot or ara e (public or private) P
Automobile gashing establishment C
Banks and other financial institutions P
Business, technical or vocational school P
Bus terminals C
Community centers P
Community residential facilities with eight or fewer residents P
Communily residential facilities servcn nine or more residents P
Convenience uses C
Convenience use restaurant P
Essential services (Type 11) C
Extended-stay lodgings P
Health and exercise establishments P
Hospitals P
Hotel or motel P
Laboratories, research and diagnostic P
Laundry, dry cleaning P
Light goods repair (as defined in this chapter) P
Lodginghouses P
Manufacturing (li ht and completely indoors) P
Mortuary C
Museum P
Medical and dental clinics P
Meeting hall p
Offices (as defined in this chapter) P
Other buildings &am ; structures (typically accessory to permitted uses) A
Parking facilities p
Personal and convenience services (as defined in this chapter) p
Pet grooming shop P
Printin offices and publishing establishments C
Private club, fraternity, sorority or Lode P
Public buildings p
Refuse and recycling containers
Research laboratories P
Restaurants P
Retail uses (as defined in this chapter) P*
Retail (large scale) C
Sales of alcohol for on-premises consumption (no gaming allowed) C
Page 9 of 20
Sign paint shops (not including neon sign fabrication) C
Upholstery shops (excluding on-site upholstery service for cars, boats, trailers, P
trucks and other motorized vehicles requiring overnight storage)
Veterinary clinic P
Wholesale distributors with on-premises retail outlets (providing warehousing is P
limited to commodities which are sold on the remises)
Wholesale establishments (ones that use samples, but do not stock on premises) P
Any use, except adult businesses and casinos approved as part of a planned unit C
development subject to the provisions of article 20 of this cha pter
Notes:*Excluding adult business, and large scale retail, as they are defined in article —
42 of this chapter
'May be subject to the provisions of chapter 10, article S.
Section 6
That Section 38.35,010 of the Bozeman Municipal Code be amended to read as follows
Sec. 38.35.010, - Purpose.
A. This article is adopted:
1. To establish procedures for granting relief from the requirements of this chapter
subject to the standards of this article in order to preserve equitable implementation of the
law, prevent special treatment to particular parties and preserve the various rights
established by the state and United States constitutions of all persons subject to this chapter,
2. To provide through appeals of administrative interpretations a procedure for
consideration of and resolution of disputes regarding the meaning and implementation of
this chapter;
3. To provide through deviations a procedure for flexibility, as a means to support
creativity and excellence of design, in the application of the standards of this chapter in
overlay districts and planned unit developments as provided for in this chapter;
4. To provide through zoning variances a procedure for relief from the occasional
inequities created by the physical standards of this chapter relating to zoning when such
standards create a substantially unequal burden on a particular parcel of land in a fashion
that would otherwise prevent the reasonable use of property, owing to physical
circumstances unique to that parcel;
5. To prohibit the granting of variances that would be contrary to the public interest and
endanger public health, safety and welfare}
6. To provide through subdivision variances a procedure for relief from standards
relating to platting requirements or improvements within public rights-of-way when such
standards would result in undue hardship and are not essential to the public health, safety
and general welfare; effd
7. To allow for appeals from decisions made by administrative staff approving,
Page 1.0 of 20
approving with conditions or denying applications for development approval-; and
8. To provide a procedure to request reasonable accommodation for individuals and
groups seeking equal access to housing under applicable non-discrimination laws in the
application of the standards of this chgpter.
B. The planning director shall hear and decide requests for reasonable accommodation as
follows:
1. Authorize in specific cases such requests for reasonable accommodation from the
terms of this chapter as will advance the intent and purpose of this chapter and applicable
nondiscrimination laws and meet the standards for the--granting of reasonable
accommodation.
13C. The board of adjustment shall hear and decide variances and deviations as follows:
1. Authorize in specific cases such deviations from the terms of this chapter relating to
zoning as will advance the intent and purposes of this chapter and meet the standards
established for the granting of deviations;
2. Authorize in specific cases such zoning variances from the physical standards of this
chapter, exclusive of those items included as subdivision variances, that will not be contrary
to the public interest, where owing to special conditions a literal enforcement of the
provisions will result in unnecessary hardship, and so that the spirit of this chapter shall be
observed and substantial justice done.
GD, The city commission shall hear and decide appeals of administrative decisions, variances,
and deviations, and requests for reasonable accommodation as follows,
1. When reclaimed per section 3 8.34.01 OC.
a. Authorize in specific cases such deviations from the terms of this chapter relating
to zoning as will advance the intent and purposes of this chapter and meet the
standards established for the granting of deviations; and
b. Authorize in specific cases such zoning variances from the physical standards of
this chapter, exclusive of those items included as subdivision variances, that will not
be contrary to the public interest, where owing to special conditions a literal
enforcement of the provisions will result in unnecessary hardship, and so that the spirit
of this chapter shall be observed and substantial justice done-;Land
C. Authorize in specific cases such requests for reasonable accommodation from the
terms of this..,chgpter as will advance the intent and pLaMoses of this chMter and
gapplicable nondiscrimination laws and meet the standards established for the granting
of reasonable accommodation.
2. Authorize in specific cases such subdivision variances from the platting requirements
and standards for improvements within public rights-of-way required by this chapter where
it is found that strict compliance would result in undue hardship and is not essential to the
public health, safety and general welfare.
Page 11 of 20
3. Consider appeals from decisions of the planning director regarding subdivision
exemptions.
4. Consider deviations to standards of the title when proposed through a -planned unit
development.
5. Hear and decide appeals where it is alleged there is error in any order, requirement,
decision or determination made by an administrative official in the enforcement of this
chapter or of any standards adopted pursuant thereto. An aggrieved person may appeal the
final decision of the planning director in the manner provided in this article.
Section 7
That the Bozeman Municipal Code be amended to add a new Section 3 83 5.090 to read
as follows:
Sec. 38.35.090.—Reasonable Accommodation.
A. Applicability.
1. A request for reasonable accommodation ma y be made by the following:
a. Any disabled person,their representative, or any entity, when the application of a
requirement of this chapter acts as a barrier to fair housing opportunities based on their
physical or mental disabilit, defined under the A
y or,handicqp as def --pplicable Non
Discrimination Laws.
b. Any-person, their representative, or M entity,when the 4pplication of a
requirement of this chapter acts as a barrier to fair housing opportunities based on race,
color, religion, sex, creed familial status, marital status, age, or national origin, as
defined under the Applicable Non-Discrimination Laws or because of actual or
perceived sexual orientation or gender identity.
2. A request for reasonable accommodation mpy include a modification or exception to
the rules, standards, and practices for the siting, development use of housing or
housing-related facilities that would eliminate regulatoKy, barriers and provide equal
opportunity to housing of their choice.
3. A reasonable accommodation is granted to the 4pplicant that needs the accommodation
and does not a y to successors in interest to the site.
4. A reasonable accommodation may be granted in compliance with this chapter without
the need for the approval of a variance.
B. Procedure.
1. Application. A request for reasonable accommodation shall be submitted on an
gpplication form provided by the planning department or in the form of a letter to the
plannipg director contain the following information:
Page 12 of 20
person's a. The golicant's name, address, and telephone number,
b. Address of the propgrty for which the request is being made-,
C, Authorization from the owner of the subject propegy for the 4pplicant to request
the reasonable accommodation,
d. 'The current actual use of the pMerty;
e. The basis for the claim as follows:
(1) that the individual,or group of individuals is considered physically o
mentally disabled or handicapped under the A licable Non-Discrimination
Laws., including identification and description of the disability or handicgp which
is the basis for the mquest for accommodation and current,written medical
certification and descriplion of disabilfty or handicU and its effects on the
(2) that the individual or grom of individuals is a protected class based on race,
color, religion, sex, creed,,-,familial status, marital status, age, or nationalorigin,
as defined under the Applicable Non-Discrimination Laws, includin a
identification and description of the protected class which is the basis of the
request for accommodation.
f. The code provision, regulationprocedure and/or policy from which reasonable
accommodation is being-Lequested-,
g. The lype and extent of reasonable accommodation soqgl2t
h. The reason(s)3��h the accommodation is reasonable and necessga for the needs
of the individual(s), including a sq�a � of any potential altematives contained in this
chapter considered in requesting the accommodation and�y�h other altematives
contained in this chj!pter are not feasible,
i. Copies of memoranda, correspondence, pictures, plans or,background
infonnation reasonably necessga to reach a decision regarding the need for the
accommodation, and
j. Other soportive infon-nation deemed necessM by thg department to facilitate
proper consideration of the request, consistent with Applicable Non-Discrimination
2. Review with Other Land Use Applications. If thg-Rroject for which the request fo
reasonable accommodation is beinp,made also requires some other discretionM Uproval
(including conditional use,permit, etc.), then the applicant shall file the information
Page 13 of 20
required,,by.subsection I of this section for concurrent review of the request for reasonable
accommodation with the pp-plication for discretionary gpproval.
3. Review Authority.
a. Planning Director. A request for reasonable accommodation shall be reviewed by
the planning director if no Uproval is sought other than the request for reasonable
accommodation. No fee shall be charMd for the review of such a request for
reasonable accommodation.
b. Other Review Authorijy. A request for reasonable accommodation submitted for
concurrent review with another discretionaKy land use Mlication shall be reviewed by
the authorijy responsible for the discretionary land use qpplication. No fee in addition
to that charged for the other discretionM land use application shall be charged for the
review of such a request for reasonable accommodation.
4. Review.
a. Planninp,Director. The director shall make a written detennination within twent
(20) calendar dgys of the qpplication being deemed complete and either grant, gr
with conditions, or deLiy a request for reasonable accommodation. If necessary to
reach a determination on the request for reasonable accommodation, the director mu
request further information from the.Uplicant consistent with APplicable Non-
Discrimination Laws, specifying in detail the infonnation that is reguired. In the event
that a request for additional information is made, the twenly (20) dgy period to issue a
decision shall be stUed until the Lapplicant responds to the reqiLest.
b. Other Review Authorijy. The written determination on whether to grant or degy
the request for reasonable accommodation shall be made by the authority responsible
for the discretionM land use application in compliance with the applicable review
procedure,for the discretionpa review.
5. Notice.
q. Planning., Director..., No advance notice or public hearing is required.. for
consideration of reasonable accommodation requests by the planning director.
b. Other Review Authorily. Reguests for reasonable accommodation subject to
review by...other review authorities shall require public notice and a public review
process pursuant to the requirements for the other discretionary land use application
that is the subject of the review, including all public notice provisions pursuant to See,
38.40,030.
6. Balancigg. rights and requirements. In reviewing applications for -Lqquests for
reasonable accommodation, the cily will attempt to balance:
Page A of 20
a. The privacy rights and reasonable request of an Lapplicant for confidentiality, with
b. The land use requirements for notice and public hearing, factual findings an
rights to appeal, in the cily's requests for information, considering an...qpplication,
preparing written findings and maintaining �records for a request for reasonable
accommodation.
c. A-Dy document identifying the disability or medical condition of any specific
person shall be treated as confidential and shall not be subject to disclosure by the City
for any reason, including for compliance with the Open Records.Act, unless ordered to
do so by a court of competent jurisdiction and notice is given to the person who
provided the document to the Ci1j. Specifically, @Lny medical records regardless of
source,including statements of medical providers, shall not be subject to disclosure.
For any other ty-pe of document, such as an gapplication or determination, the document
mgy be subject to disclosure, but only_gfter the nature or description of the person's
disabilily or medical condition is redacted by the City. A statement regarding the
Cijy's handling of information subject to this provision shall be,,printed on the City's
Reasonable Accommodation Application Form, posted on the Qjjy:s website, and
printed at the bottom of any written document issued by the Cjjy determining
reasonable accommodation gpplication.
C. Findings— Other requirements.
I, Findings. The reviewing authorijy shall gpprove the Uplication, with or without
conditions, if it can make the following findings:
a. The housing will be used by a disabled person,or a person from a protected class;
b. The requested accommodation is necessM to make specific housing available to
a disabled person or a person from a protected class,
C. There are no uses identified in the Table of Authorized Uses found at 38.08.020
for which the use proposed.in the request for reasonable accommodation would
qualify.
d. The requested accommodation would not iinpose an undue financial or
administrative burden on the city; and
e. The requested accommodation would.not require a fundamental alteration in the
nature of the cily land use planning and zoning program.
2. Other requirements.
a. An approved request for reasonable accommodation is subject to the gpplicant's
compliance with all other applicable zoning,regulations.
Page 15 of 20
b. A modification approved under this chapter is considered a personal
accommodation for the individual Oplicant and does not run with the land.
C. Where appropriate, the reviewing, authority may condition its approval on M or
all of the following:
(1) Inspection of the property periodically, as specified,to verif y compliance
with this section and any conditions of qpproval,•
(2) Removal of the improvements,where removal would not constitute an
unreasonable financial burden,when the need for which the accommodation was
granted no longer exists;
(3) Time limits and/or qNpiration of the Vproval if the need for which the
accommodation was granted no longer exists,
(4) Recordation of a deed restriction requiring removal of the accommodating
feature once the need for it no longer exists;
(5) Measures to reduce the impact on surrounding uses;
(6) Measures in consideration of the physical attributes of the prope!!Y and
structures;
(7) Other reasonable accommodations that ma y provide an equivalent level of
benefit and/or that will result in reduced variation or waiver of otherwise
gpplicable standards specified,for the zone district•, an
(8) Other conditions necessary to protect the public health, safety and welfare.
Section 8
That the Bozeman Municipal Code be amended to add a new Section 38.42.195 to read
as follows:
See. 38.42.195. - Applicable Non-Discrimination Laws.
The Fair Housing Amendments Act of 1988, the Americans with Disabilities Act, Section
504 of the Rehabilitation Act the Montana Human Rights Act, and the Montana Governmental
Code of Fair Practices.
Section 9
That Section 38.42.660 of the Bozeman Municipal Code be amended to read as follows:
Sec. 38.42.660. - Community residential facility.
A. A facility licensed by the
Montana Department of Public Health and Human services including:
Page 16 of 20
I. Those occupied by persons having developmental disabilities and living together for
the purpose of residential training, observation and/or common support, in which care
is provided on a 24-hour per day basis;
2. A community group home for developmentally, mentally or severely disabled
persons which does not provide skilled or intermediate nursing care;
3. A youth foster home or other facility for care of minors as defined in MCA 52-2-601
et seq.;
4. A halfway house operated in accordance with regulations of the state department of
public health and human services for the rehabilitation of alcoholics or drug
dependent persons;
5. A licensed adult foster care home; ef
6. Any faei!45,defined iii N4GA 76 2 4 11 An assisted living facility licensed under
50-5-227, M.C.&
7. A foster home, kinship foster home, youth shelter care facilityor o�uth grow home
operated under the provisions of 52-2-621 through 52-2-623 M.C.A.
Where a limitation of eight or fewer residents is imposed for the purpose of defining the
necessary review process to establish this use, the operator of a residential facility, members of
the operator's household or persons employed as staff shall not be counted as residents, except
that the total number of all persons living at the facility shall not exceed ten.
Section 10
That Section 38.42.760 of the Bozeman Municipal Code be amended to read as follows:
Sec. 38.42.760. - Cooperative household.
A. Fi-,�e or more people who are gra—ed a eenditional use pefmit as a eeepera4ive househeld
pufsidan4 to the tefffis of aAiele )-_2 -Af this ehapte.r- A cooperative household is a single
housekeeping unit with five or more persons which exhibits four or more of the following
characteristics:
I. A shared strong bond or common commitment to a single purpose, such as members
of a religious order;
2. Are not legally dependent on others not living with them;
3. Can establish legal "domicile" as defined by state law;
4. Share a single household budget;
5. Share in the work of maintaining the premises;
6. Legally share in the ownership or possession of the premises, e.g., tenants in common
on a deed or cosigners of a single lease; or
7. The relationship must be of a permanent and distinct character with a demonstrable
and recognizable bond characteristic of a cohesive unit.
Page 17 of 20
B. Cooperative housing does not mean any society, club, fraternity, sorority, association,
lodge, organization of greiip of studnos or other individuals with a common living arrangement
or whose basis for the establishment of the housekeeping unit is temper- for a period of less
than 12 months.
Section 11
That the Bozeman Municipal Code be amended to add a new Section 38.42.895 to read
as follows:
See. 38.42.895.—Disabled Person.
A person who has a medical, physical or mental condition that limits a major life activity,
anyone who is regarded as having such a condition or anyone who has a record of having such a
condition. This includes persons who have a handicap or a physical or mental disability as
defined in Applicable Non-Discrimination Laws. It includes a person or persons, or an
authorized representative of a disabled person. 'The term"disabled person" does not include a
person who is currently using illegal substances, unless he or she has a separate disability.
Section 12
That Section 38.42.1420 of the Bozeman Municipal Code be amended to read as follows:
See. 38.42.1420. - Household.
A. A person living alone, or any of the following groups living together as a single nonprofit
housekeeping unit and sharing common living, sleeping, cooking and eating facilities:
1. Any number of people related by blood, marriage, adoption, guardianship or other
duly-authorized custodial relationship;
2. Not more than four unrelated people, ineluding persans ei�.-elled in an ins464iefl E)
higher-leaniift g; or
3. Two unrelated people and any children related to either of them.;or
4. Not inneenee than fi3ui�people whe are-:
a. Residet4s of a "Genim�aity Residefftial Faeffity" as defined in N4GA 76 2
4 11 et seq. and this ehapter-i E)r-
b. "Handieapped" as defined in the Fair Ifeiisiiig Aet, 42 USG 3602(h). This
definifien dees net inelude these per-sons eurrerA4,y illegally iisiiig er- addieted
to a "eontrolled substanee" as defined in the Genifolled Stibstanees Aet, 24
USG 902(6)7
5. Persons or groups granted a request for a reasonable accommodation to reside as a
single housekeeping unit pursuant to Sec. 38.35.090.
6. "Household" does not include:
a. Any society, club, fraternity, sorority, association, lodge, combine,
federation, coterie, cooperative housing or like organization;
b. Any group of individuals whose association is temporary or seasonal in
nature; or
c. Any group of individuals who are in a group living arrangement as a result of
criminal offenses.
Page 18 of 20
Section 13
That the Bozeman Municipal Code be amended to add a new Section 38.42.2565 to read
as follows:
See. 38.42.2565.—Reasonable Accommodation.
A process for providing flexibility in the application of city land use and zoning regulations
and procedures, or even waiving certain requirements, when necessary to eliminate barriers to
equal housing opportunities guaranteed under Applicable Non-Discrimination Laws. It m
include flexible application of regulations such as: the definition of household, authorized uses
in zone districts-, yard area modifications for ramps, handrails or other such accessibility
improvements; hardscgpe additions such as widened drivewa ys arking area or walkways;
buildina additions for accessibili1y; or reduced off-street parking where the disability clearl
limits the number of people operating vehicles. Reasonable accommodation does not include an
accommodation which would (1) impose an undue financial or administrative burden on the city
or(2)require a fundamental alteration in the nature of the city's land use and zoning, program.
Reasonable accommodations are subject to all laws that require or regulate planninp,, zoning or
subdivision and plqqing.
Section 14
Severability.
If any provision 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 15
Savings Provision.
This ordinance does not affect the rights or duties that matured, penalties and assessments
that were incurred or proceedings that began before the effective date of this ordinance.
Section 16
The effective date of this ordinance is 30 days after passage on 2nd reading.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 2"7`" day of August, 2012.
SEAN A. BttkER
Mayor
Page 19 of 20
ATTEST:
STA+CY L El1;w
City Cler
FINALLY ADOPTED, PASSED AND APPROVED by the City Commission of the City
of Bozeman, Montana on second reading at a regular session Cher f held on the 10`�l day of
September, 2012, The effective date of this ordinance is the of 2012,
SEAN A. BECKER
Mayor
ATTEST:
-Y' M
1,
r
..n .
STA U E , !PM� ._
City Clerk
APPROVED AS T4 FORM:
GR> .�SULLIVAN
City Attorney
Page 20 of 20