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Home My WebLink AboutFinally Adopt Ordinance 1874, amendment to BMC Ch. 38, Manufacturing artisan Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Community Development Director SUBJECT: Final adoption of Ordinance 1874, a text amendment to Chapter 38 of the municipal code to define “Manufacturing, artisan” and assign the newly defined use to various zoning districts and establish Manufacturing, light as a conditional use in the B-3 district. Applicable throughout all areas designated as B-1, B-2, B-3, M-1, M- 2, BP, HMU, UMU and REMU on the City of Bozeman zoning map. File number Z13220. MEETING DATE: December 2, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 1874 RECOMMENDED MOTION: “I hereby give final adoption to Ordinance 1874.” BACKGROUND: The City Commission held a public hearing on November 18, 2013 and provisionally adopted Ordinance 1874. The Ordinance creates a new definition for Manufacturing, artisan. The new definition limits the scale and intensity of use to very low impact. The new use is assigned as a principal use to nine zoning districts: B-1, B-2, B-3, M-1, M-2, BP, HMU, UMU and REMU. The application also assigns manufacturing, light as a conditional use to the B-3 district. The Commission directed a modification to respond to public comment. That modification is included in the final adoption draft of the ordinance. UNRESOLVED ISSUES: None ALTERNATIVES: As directed by the Commission FISCAL EFFECTS: None identified. Attachments: Ordinance 1874 Report compiled on: November 19, 2013 174 Ordinance 1874 Page 1 of 5 ORDINANCE NO. 1874 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE SECTION 38.42.1865, BOZEMAN MUNICIPAL CODE ESTALBISHING A DEFINITION OF MANUFACTURING, ARTISAN AND DESIGNATING BY ZONING DISTRICT THE APPROPRIATE LOCATIONS WHERE MANUFACTURING, LIGHT AND MANUFACTURING, ARTISAN IS AUTHORIZED. WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and Montana law to adopt land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Section 76-2-304, MCA; and WHEREAS, The public is benefited by periodic evaluation of the relationship between adopted zoning standards and the purposes for which they were adopted in relation to the circumstances existing in the community; and WHEREAS, The City supports manufacturing due to its high growth potential, specifically the creation of mid- to high-wage jobs and aiding in the overall economic diversification of Bozeman and the region; and WHEREAS, Expansion of the locations where manufacturing may occur safely and with minimal impact to adjacent properties is in the public interest; NOW THERFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA : Section 1 Legislative Findings: 1. The nature of manufacturing has changed since the City of Bozeman first adopted zoning regulations and districts in 1934. 2. Overtime, the City has adopted other regulatory standards such as building and fire codes which overlap with some of the purposes for zoning established in 76-2-304, MCA and 38.01.040, BMC. Application of those standards avoids or mitigates potential negative impacts which would otherwise justify separation of manufacturing from other uses. 175 Ordinance 1874 Page 2 of 5 3. In 2009, the City adopted the Economic Development Plan which encourages the development and expansion of manufacturing within the community in order to provide mid to high wage jobs and diversity the economy. 4. The City’s experience with many site development reviews for manufacturing uses has shown that under the proper conditions manufacturing harmoniously coexists with adjoining properties. 5. Smaller scale and lighter intensity manufacturing uses are those which are more likely to avoid negative impacts to others. 6. Manufacturing may be present on a site in support of another use allowed by a zoning district and it is reasonable to facilitate business operations by not unduly restricting the locations where manufacturing may occur. Section 2 That the Bozeman Municipal Code be amended by creating a new Section 38.42.1865 to read as follows: “Section 38.42.1865. Manufacturing, artisan Production of goods by the use of hand tools or small-scale, light mechanical equipment occurring solely within an enclosed building where such production requires no outdoor operations or storage, and where the production, operations, and storage of materials related to production occupy no more than 3,500 square feet of gross floor area. Typical uses have negligible negative impact on surrounding properties and include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts, production of alcohol, or food processing.” Section 3 That the Bozeman Municipal Code be amended by amending Section 38.12.020, Authorized Uses for Industrial Zoning Districts by amending Table 38.12.020 to read as follows with all other uses remaining unchanged: Table of Industrial Uses Permitted Uses BP M-1 M-2 Manufacturing, artisan P P P Section 4 That the Bozeman Municipal Code be amended by amending Section 38.10.020, Authorized uses for Commercial Zoning Districts by amending Table 38.10.020 and adding a new footnote to read as follows with all other uses and footnotes remaining unchanged: Table of Commercial Uses Permitted Uses B-1 B-2 B-3 Manufacturing, artisan P P P8 Manufacturing, light - C -C3 Footnote 176 Ordinance 1874 Page 3 of 5 8 For uses in the downtown core as described in 38.10.010.A.3.a and located on the ground floor adjoining Main Street, a high volume, pedestrian-oriented use adjoining the building’s entrance on Main Street is required. Section 5 That the Bozeman Municipal Code be amended by amending Section 38.09.020, Authorized Uses for Residential Emphasis Mixed-Use Zoning District by amending Table 38.09.020 to read as follows with all other uses remaining unchanged: Table of Uses Maximum Gross Building Area Authorized Manufacturing, artisan 5,000 sq ft P Section 6 That the Bozeman Municipal Code be amended by amending Section 38.11.020, Authorized Uses Urban Mixed-Use District by amending Table 38.11.020 to read as follows with all other uses remaining unchanged: Table of Uses Authorized Uses Manufacturing, artisan P Section 7 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 8 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 9 Severability. If any portion of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which 177 Ordinance 1874 Page 4 of 5 may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable. Section 10 Codification. Sections 2 through 6 of this ordinance shall be codified as appropriate in Chapter 38, Bozeman Municipal Code. Section 11 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 178 Ordinance 1874 Page 5 of 5 PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on the first reading at a regular session thereof held on the ___ day of ___, 2013. _______________________ SEAN A. BECKER Mayor ATTEST: ______________________ STACY ULMEN, CMC City Clerk FINALLY 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 ___ day of ___, 2013. _______________________ SEAN A. BECKER Mayor ATTEST: ______________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ______________________ GREG SULLIVAN City Attorney 179