HomeMy WebLinkAboutOrdinance 14- 1893 Amending Chapter 38 Unified Development Ordinance to define Essential Services Types U
ORDINANCE NO. 1893
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING CHAPTER 38, UNIFIED DEVELOPMENT ORDINANCE,
BMC BY REVISING SECTIONS 38.42.990 AND 38.42.1000 AND CREATING SECTION
38.42.1005 TO DEFINE ESSENTIAL SERVICES TYPES I THROUGH III; REVISING
SECTIONS 38.08.020, 38.09.020, 38.10.020, 38.11.020, 38.12.020 AND 38.13.030 TO
ASSIGN THE DEFINED ESSENTIAL SERVICES TO INDIVIDUAL ZONING
DISTRICTS AND ESTABLISH A REQUIRED REVIEW PROCEDURE; REVISE
SECTION 38.19.070 TO ALLOW SOME ESSENTIAL SERVICES TYPE II FACILITIES
TO BE REVIEWED AS A SKETCH PLAN; REVISE SECTION 38.21.060 TO ALLOW
ESSENTIAL SERVICES TYPE I AND TYPE II TO ENCROACH INTO REQUIRED
YARDS; AND CREATE SECTION 38.22.230 TO ESTABLISH SPECIAL STANDARDS
APPLICABLE TO ESSENTIAL SERVICES.
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 provision of adequate public and quasi-public utilities are essential for
the safe and functional operation of a city; and
WHEREAS, The definition of Essential Services Types I and 11 was developed over two
decades ago and the community and standards applicable to utilities have changed in that time
and have been determined to not meet the need for regulation of public and quasi-public utilities;
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Ordinance No. 1893, Definition of Essential Services
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings:
1. The City relies upon the standards and definitions within Chapter 38, BMC to enable the
development of the City in a manner which avoids conflicts between land uses, enables
public notice of and comment on development which may affect residents and land
owners, and provide predictability in government actions.
2. The definitions of Essential Services Types I and II were originally drafted over 20 years
ago and have not been evaluated since for adequacy to current demands.
3. There are restrictions contained within Title 69, Public Utilities and Carriers, MCA on
what areas the City may regulate which are not explicitly included within the existing
definitions and standards applied to Essential Services Type I and 1I.
4. The present definitions have been shown to not be adequately clear to avoid dispute as to
the proper classification of certain facilities as either a Type I or Type II facility.
5. A more nuanced range of Essential Services definitions will be a better fit for the
diversity of facilities required to provide public and quasi-public utilities to the residents
and customers within the City's boundaries.
6. A restructuring of the definitions will provide additional specificity of definition and
clarity of application.
Section 2
That the Bozeman Municipal Code be amended by revising Section 38.42.900
Essential Services Type I to read as follows:
demestie wa4er- storage faeilities; wa4er- fill stations for- firefi&ing equipment; leeal sen,iee
distr-ibu4ed eleetr-ieal generation selaf panel affays; leeal sen,iee eable television lines; local
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Ordinance No. 1893, Definition of Essential Services
sefviee eleetr-enie data transmission lines and a water- and sanitafy sewer distr-ibution and
colleetiion lines; and p4he and affleAeur radio • d towers.
Small-scale and below ground facilities, equipment and structures required for the provision of
immediate customer service of public and quasi-public services within the Cijy. Additional items
may be determined by the Director of Community Development to be appropriately included in
this definition. These facilities, equipment and structures include:
1. Public water distribution lines.
2. Public sanitary sewer collection lines.
3. Stormwater drainage collection lines, stormwater drainage retention/detention
ponds, and drainageways.
4. Fire hydrants.
5. Electric service:
a. Below ground distribution and local transmission lines cables and
appurtenances.
b. Above ground distribution and local transmission lines cables and
appurtenances no greater in height than the minimum required by the National
Electric Safety Code (NESC)plus 15%.
6. Natural gas service:
a. Below ground distribution lines and appurtenances.
b. Below ground transmission lines and appurtenances.
C. Natural gas regulator/valve stations and appurtenances with no above
ground buildings.
7. Communications services:
a. Below ground telephone lines and cables;
b. Below ground cable television lines;
C. Below ground electronic data transmission lines and cables;
8. Above ground utility boxes, not to exceed 20 square feet in footprint•
9. Roof mounted distributed electrical generation solar panel arrays;
10. Public and amateur radio antennae and towers
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Ordinance No. 1893, Definition of Essential Services
Section 3
That the Bozeman Municipal Code be amended by amending Section 38.42.1000
Essential Services Type II to read as follows:
fife stations-.
Facilities, equipment and structures required for the provision of neighborhood level public and
quasi-public services within the City. Additional items may be determined by the Director of
Community Development to be appropriately included in this definition. Specific facilities,
equipment and structures include:
1. Public water storage facilities; and pumping stations.
2. Public sanitary sewer or storm sewer lift stations.
3. Water fill stations for firefighting equipment.
4. Electric service:
a. Transmission lines, cables and appurtenances operable prior to September
3, 1991 includingthe and replacement of the same as necessary to maintain
their operation.
b. Transmission lines, cables, and appurtenances 16lkV or less and no
greater in height than the minimum required by the National Electric SafejY Code
(NESC) plus 25%, other than those included in Essential Services (Type I1
5. Natural P-as service:
a. Natural gas regulator/valve stations and appurtenances, with above ground
buildings not to exceed 125 sq. ft.
6. Communications services, except those included in Essential Services (Type 1),
includingabove bove ground buildings not to exceed 125 sq. ft:
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Ordinance No. 1893, Definition of Essential Services
a. telephone lines and cables;
b. cable television lines;
C. electronic data transmission lines and cables:
7. Above Pround utility boxes, from 20-125 sq. ft., except those included in
Essential Services (Type I)
Section 4
That the Bozeman Municipal Code be amended by creating a new Section 38.42.1005
Essential Services Type III to read as follows:
Community-scale facilities, equipment and structures required for the provision of public
services not otherwise listed as an Essential Services (Type I or 1I).
1. Public water treatment
2. Sanitary sewer treatment.
3. Storm sewer treatment.
4. Police and fire stations.
5. Electric substations and electrical transmission lines cables and appurtenances
except those included in Essential Services (Type 1) or Essential Services (Type lI)
6. Natural gas regulator/valve stations and appurtenances with above ground
buildings in excess of 125 sq. ft.
7. Communications including but not limited to telephone satellite community dial
offices; telephone exchanges and repeater stations, except those facilities which may be
considered wireless facilities.
8. Gasoline, oil and coal pipelines.
Section 5
That the Bozeman Municipal Code be amended by amending Section 38.08.020,
Authorized Uses for residential zoning districts by amending Table 38.08.020 to read as follows
with all other uses remaining unchanged:
Table of Residential Uses Authorized Uses
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Ordinance No. 1893, Definition of Essential Services
R-S R-1 R-2 R-3 R-4 R-O RMH
Essential Services Type I A A A A A A A
Essential Services Type 11 P P P P P P P
10 10 10
Essential Services Type III C10- CIO 10 10
C C C C C—
Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
Section 6
That the Bozeman Municipal Code be amended by amending Section 38.09.020,
Authorized Uses for the 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 Uses
Building
Area
Essential Services Type I A
Essential Services Type II G P
Essential Services Type III C5
' Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
Section 7
That the Bozeman Municipal Code be amended by amending Section 38.10.020,
Authorized Uses for the commercial zoning districts by amending Table 38.10.020 to read as
follows with all other uses remaining unchanged:
Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
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Ordinance No. 1893, Definition of Essential Services
Essential Services Type I A A A
Essential Services Type I1 P P P
Essential Services Type III C9 - P C9
Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
Section 8
That the Bozeman Municipal Code be amended by amending Section 38.11.020,
Authorized Uses for the Urban Mixed Use zoning district by amending Table 38.11.020 to read
as follows with all other uses remaining unchanged:
Table of Uses Authorized Uses
Essential Services Type I A
Essential Services Type II E P
Essential Services Type III C
Section 9
That the Bozeman Municipal Code be amended by amending Section 38.12.020,
Authorized Uses for the 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
Essential Services Type I A A A
Essential Services Type II P P P
Essential Services Type III P P P
Section 10
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Ordinance No. 1893, Definition of Essential Services
That the Bozeman Municipal Code be amended by amending Section 38.13.030,
Authorized Uses for the Public Lands and Institutions zoning district by amending Table
38.13.030 to read as follows with all other uses remaining unchanged:
Table of Uses Authorized
Uses
Ambulance Service P
Cemeteries P
Day care centers C
Essential Services Type I P A
Essential Services Type Il G.P
Essential Services Type III P
Museums, zoos,historic and cultural facilities and exhibits P
Other buildings and structures typically accessory to permitted uses A
Other public buildings, e.g. fire and police stations and municipal buildings P
Public and nonprofit, quasi-public institutions, e.g. universities, elementary P
junior and senior high schools and hospitals
Publicly owned community centers P
Publicly owned land used for parks, playgrounds and open space P
Solid waste landfill and transfer facilities C
Section 11
That the Bozeman Municipal Code be amended by revising Section 38.19.070 Sketch
Plan Review to read as follows:
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 which include the information
specified in section 38.41.110.
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Ordinance No. 1893, Definition of Essential Services
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 sections 38.19.080 and 38.41.090).
3. Examples of independent projects which qualify for sketch plan review are: individual
single-household including manufactured homes on individual lots, two-household, three-
household, and four-household residential units, each on individual lots and independent of
other site development; accessory dwelling units in the R-2, R-3 and R-4 districts; fences;
signs in compliance with the requirements of this chapter; regulated activities in areas with
regulated wetlands not in conjunction with a land development proposal; grading of sites
disturbing more than one-eighth but less than one-half acre, or movement of more than 30
but less than 100 cubic yards of material, or cut or fill of less than one cumulative foot,
whichever is less; special temporary uses; reuse, change in use, or further development of
sites per section 38.19.150, Essential Services Type II primarily underground with no
above ground structures larger than 125 sq ft; 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 may determine submittal requirements in
addition to those in section 38.41.110. Projects which do not require sketch plan review
may still require review and permitting for non-zoning issues.
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 department for a
determination of compliance with the requirements of this chapter. Once compliance is
achieved, the application will be approved for construction or referred to the appropriate
permitting authorities. In determining whether compliance is achieved the planning
department shall consider the individual circumstances of the site when the development is
subject to 38.19.150.
2. Certificate of appropriateness required. Sketch plans, including the material required by
38.41.090, and such additional information as may be required for projects which require a
certificate of appropriateness as per 38.19.080 shall be submitted to the planning
department, who shall review the proposal for compliance with this chapter, including
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Ordinance No. 1893, Definition of Essential Services
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.
C. Sketch plan review criteria. Sketch plans shall be reviewed for compliance with all applicable
requirements of this chapter including overlay district requirements and the cessation of any
current violations of this chapter, exclusive of any legal nonconforming conditions. Plan changes
may be required.
Section 12
That the Bozeman Municipal Code be amended by amending Section 38.21.060.A, to
add an additional allowed encroachment into required yards to add text as follows with the
remainder of the section remaining unchanged:
8. Essential Services Type I and Type II may be located within a required yard when they
are within a utility easement.
Section 13
That the Bozeman Municipal Code be amended by creating a new Section 38.22.230
Essential Services to read as follows:
Sec. 38.22.230. Essential Services.
A. In recognition of Section 69-4-201, MCA, City ordinances cannot conflict
with the National Electric Safety Code (NESC).
B. In recognition of Section 69-3-102, MCA, vesting control over fees, charges,
and tariffs for public utilities in the Public Service Commission, the City does
not determine the costs charged to customers for services.
C. Essential Services of Types I, Il, or III operable prior to September 3, 1991,
shall be considered to have developed under an approved plan, and shall be
reviewed under Sec. 38.19.140, Reuse, change in use or further development
of sites developed prior to the adoption date of the ordinance from which this
chapter is derived.
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Ordinance No. 1893, Definition of Essential Services
Section 14
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 15
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. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 16
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 17
Codification.
This Ordinance shall be codified as indicated in Sections 2 — 13.
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance No. 1893, Definition of Essential Services
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 28'h day of July 2014.
JEF KRAUSS
or
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n t
STA Y L
City C rk
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 1 lth of
August, 2014. The effective date of this ordinance is the 101h of September,2014.
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City Cler9' a r
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APP OVED S TO FORM:
GREU SULLIVAN
City Attorney
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