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HomeMy WebLinkAboutOrdinance 13- 1874 Creation of Section 38.24.1865, Artisan zoning district 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 THERFOR:E 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. Ordinance 1874 Page ] 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 occu py no more than 3,50O square feet of gross floor area. Typical uses have negligible ne�gative impact on surrounding properties and include woodworking and cabinet shops, ceramic studios- jeweiry 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 ManufacturipS,artisan P P P Section 4 That the Bozeman Municipal Code be amended by amending Section 3810.020, 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-I B-2 B-3 Manufacturing, artisan P P Manufacturing, light C -c3 Ordinance 1874 Page 2 of 5 Footnote 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 Authorized Gross Building Area Manufacturing, artisan 5.000 sq P ft Section 6 That the Bozeman Municipal Code be amended by amending Section 38.11.020, Authorized Uses Urban Mixed-Use District by amending Table 3 8.11.020 to read as follows with all other uses remaining unchan Eed:, Table of Uses Authorized Uses Man u fact urjngArtisan 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 Ordinance 1874 Page 3 of 5 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 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. Ordinance 1874 Page 4 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 181" day of November, 2013. SEAL A. BECKER Mayor ATTEST. STA T3L , CMC City lerk 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 2nd day of December, 2013. SEAN A. BECKER Mayor ATTEST. ST CMC Ci C "rk APPR VE T O Z O FORM: ISULLIVAN C Attorney Ordinance 1874 Page 5 of 5