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HomeMy WebLinkAboutOrdinance 79- 1019, Amends Ch. 18.72, zoning 484 ORDINANCE NO. 1019 AN ORDINANCE OF THE CITY OF BOZEMAN AMENDING CHAPTER 18.72 OF THE BOZEMAN MUNICIPAL CODE RELATING TO THE CONDITIONAL USE REQUIRE- MENTS. Be it ordained by the City Commission of the City of Bozeman, Montana, as followed to wit: That Chapter 18.72 of the Bozeman Municipal Code be and the same is hereby amended to I read as follows: 18.72.010 INTENT The intent of conditional use permits is to provide for specific uses, other than those specifically permitted in each district, which may be appropriate in the district under certain safeguards or conditions. Conditional uses may also be used in transitional districts as spe- cified in Chapter 18.63. No structure or land may be used for any purpose in any district where such use is not a permitted use, unless such use is listed as a conditional use to this Section and approval for that use is obtained through the proper procedure as outlined in this Section. The City Commission may approve the conditional use permits after considering facts presented on the application and it is concluded that: The proposed use meets all submittal requirements as contained in Section 18.72.130; The proposed use will not, particularly because of conditions imposed, be detrimental to the public health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity; The proposed use will comply with the regulations and standards specified in the Bozeman City Zoning Code for such use; The granting of the conditional use permit will be in general compliance with the Bozeman Area Master Plan and the requirements set forth in this Chapter; The proposed use conforms to the standards of this ordinance including but not I limited to density, lot coverage, yards, height limitations as set forth in this Chapter unless otherwise provided for in this code; The proposed use has been duly noticed, a public hearing held in accordance with Section 18.72.020 and the public has been given sufficient opportunity to be heard upon the matter. 18.72.020 APPLICATION All applications for conditional uses, including all required supportive information, shall be filed with the Planning Department. Applications shall be accompanied with the appropriate filing fee as outlined in Section 18.72.120. Upon receipt of a Conditional Use application from the Planning Department, the Building Inspector shall give notice of the public hearings to be held before the Bozeman Zoning Com- mission and the City Commission. Said notice shall be published at least once in the Bozeman Chronicle, the official newspaper of the City of Bozeman, not more than thirty (30) days nor less than ten (10) days prior to the scheduled public hearings. Said notice shall further specify the number, date, time and place for all the public hearings. It shall specify the name and address of the applicant, the name and address of the owner of record of the property, and a legal description of the property affected, the street address or its location by approximate distances from the nearest major street or road inter- I sections so that the property can be easily identified, and a brief statement of the nature of the hearing. Said notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties. In addition to such publication, the Building Inspector shall post same notice of public hearing not more than thirty (30) days nor less than ten (10) days prior to the public hear- ings on the site in question, as well as on one or more additional locations, visible to the general public, within the affected area as deemed appropriate by the Building Inspector. Said notice of public hearings shall also be made available to all newspapers, radio, and television stations serving the jurisdiction for use as a public service announcement. O~IA E NO. 1019 485 Said notice shall be sent by mail, not more than thirty (30) days nor less than ten (10) days, to the applicant and owners of record (or their authorized representative) of the sub- ject property as well as to the owners of record of all parcels within 150 feet of the peri- meter of the subject property. The width of public roads, streets, alleys, and other public ways shall be excluded in determining the properties located within one hundred fifty (150) I feet of the project site. If for some reason, a required property owner fails to receive mail notification of a scheduled public hearing, or if one or more of the required posted signs in the area or on the , site for which the public hearing is being held, is inadvertently removed through no fault of the City of Bozeman, this action shall in no way invalidate the legal notice requirements of the scheduled public hearing. Notice may also be provided to property owners in any additional area that may be sub- stantially impacted by the proposed development as determined by the Building Inspector or Planning Director. 18.72.030 REVIEW BY THE ZONING COMMISSION The Zoning Commission, through the Bozeman City-County Planning Staff, shall then make such investigation of facts bearing on the application as well as provide necessary information to assure that the action on each application is consistent with the intent and purpose of this Chapter and other City of Bozeman regulations. The Zoning Commission shall consider the conditional use permit on the date set for the public hearing or on the date to which such hearing may be continued from time to time by the Zoning Commission in order to obtain a full and complete record as it deems appropriate. 18.72.040 DECISION OF THE ZONING COMMISSION I At the public hearing, the Zoning Commission may recommend the approval or conditional approval of the conditional use permit, if after considering the facts presented on the appli- cation and through public testimony, it finds that the criteria as contained in Section 18.72. 010 will be satisfied. The Zoning Commission may attach such conditions as it deems necessary and desirable to protect the public health, safety and general welfare. In recommending approval, conditional approval, or denial of a conditional use permit, the City Zoning Commission shall make a written finding which shall specify the facts relied upon by the Commission in making its decision and in establishing conditions. 18.72.050 PUBLIC HEARING BEFORE CITY COMMISSION The City Commission shall consider the conditional use permit on the date, time, and place set for the said public hearing or on the date to which such hearing may be continued from time to time by the City Commission. The date, time, and place set for the public hearing before the City Commission shall have been specified in and included with the initial notice of public hearing set for the Zoning Commission. 18.72.060 DECISION OF THE CITY COMMISSION Upon the conclusion of the public hearing, the City Commission may grant, modify or deny the conditional use permit. The decision of the City Commission shall contain a finding of facts showing wherein the conditional use fulfilled or failed to fulfill the requirements as set forth in Section 18.72.010. A copy of the decision shall be filed with the City Clerk, the Planning Director, the Director of Building Inspection and a copy mailed to the applicant. I In granting a conditional use permit, the Commission may impose such conditions as it deems necessary and desirable to protect the public health, safety and general welfare. The Conditional use permit, when approved by the City Commission, shall be verified, signed and issued by the Planning Department. The applicant, upon receiving the conditional use permit (includes final site conditions and approved final site plan), may then obtain a building permit from the City Building Inspector's Office. 18.72.070 CONSENT APPROVAL BY THE ZONING COMMISSION At the beginning of each regularly scheduled Zoning Commission hearing, the chairman shall -~ -- -- ..... - -< ORDJNMcE NO. 1019 -- 486 ask of those persons present including, but not limited to, the applicant, the applicant's authorized representative, members of the audience, and the Zoning Commission for any pro- tests, objections to or questions of any proposed conditional use applicationmd related Planning Staff Report, including the conditions attached thereto. Where no protest or objections are given by any of the parties listed above, those specific uncontested conditional use items will be placed on a consent calendar, the dec- I isions for which will be acted upon by the Zoning Commission at the beginning of the meeting. The public hearing for each of these items will then be limited to a statement of agreement with the Planning Staff Report and attached conditions from the applicant or his authorized agent and a decision by the Zoning Commission. 18.72.080 AMENDMENT OR MODIFICATIONS TO CONDITIONAL USE PERMITS Modifications requested by the holder of an approved conditional use permit may be grant- ed when it can be determined that such changes or modifications are necessary to accommodate special circumstances related to the location, siting, or implementations of the approved site plan and conditions and where such modifications are found to be so insignificant and minor so as not to drastically alter the approved site plan or intent of the conditions of use. The applicant shall state in writing the need for or purpose of the proposed modifications. Upon review and approval by the Building Inspector and Planning Director, such minor mod- ifications may be authorized. Such modifications shall be fully documented, recorded, and copies of same shall be retained in the approprite files of both the Building Inspector and Planning Director. 18.72.090 FAILURE TO UTILIZE CONDITIONAL USE PERMITS Any approved conditional use permit shall be conditioned upon the privileges granted being utilized within eighteen (18) months after the effective date thereof and the issuance of a valid City building permit. I Failure to utilize such conditional use permit or to obtain a valid City building per- mit within the eighteen (18) month period will automatically void the same. The property covered by any approved conditional use permit shall not be used for any purpose other than that authorized by the permit. 18.72.100 CANCELLATION OF A CONDITIONAL USE PE~MIT Cancellation of a conditional use permit may be effected by the owner of the property covered by the permit by means of a written communication directed to the Building Inspector. The~ permit becomes void upon receipt of the communication in the office of the Building Inspector. 18.72.110 REVOCATION OF CONDITIONAL USE PERMITS Violations of any of the conditions or contents of a conditional use permit approval may subject said conditional use permit to review and possible revocation by the City Commission. Approval granted on the basis of false information shall be held invalid. In the event a conditional use permit has been violated, a revocation of such permit may be initiated by the Building Inspector or the City Commission. Any proposition to revoke a conditional use permit on the grounds that the terms of the permit have been violated shall be referred to the Zoning Commission. The Zoning Commission shall offer the property owner and any interested party an oppor- tunity to be heard at a public meeting, duly advertised in accordance with Section 18.72.010 I at which time it shall consider a proposition for revocation of a conditional use permit. The Zoning Commission shall make its recommendation to the City Commission within thirty (30) days after such proposed revocation is submitted to the Zoning Commission. Upon receipt of the report and recommendation of the Zoning Commission, the City Cornm;s- sion shall hold a public hearing on the proposed revocation. Said notice of public hearing shall be published at least once in the official newspaper of the City of Bozeman having gen- eral circulation within the area of zoning jurisdiction of the City of Bozeman, not more than thirty (30) days nor less then ten (10) days prior to the public hearing. ORDINANCE NO. 1019 ---- -..-------- ~-~- 487 Upon the conclusion of the hearing, the City Commission may revoke the conditional use permit. The decision of the City Commission shall contain a finding of facts showing wherein the applicant failed to fulfill the original requirements or conditions for use. A copy of the decision shall be filed with the City Clerk, the Planning Director, the Director of Build- ing Inspection and a copy shall be mailed to the applicant. I 18.72.120 CONDITIONAL USE PERMIT FEES All applications for conditional use permits shall be subject to the following fees: Listed Conditional Uses and Transitional Zone Uses $100.00 Minor Planned Unit Development (given summary review) 60.00 Minor Planned Unit Development (requiring a public $100.00 plus $2.00 hearing) per unit Major Planned Unit Development $125.00 plus $2.00 per unit Mobile Home Parks $125.00 plus $2.00 per site Travel Trailer Park $125.00 plus $2.00 per site Shopping Centers $125.00 plus $1.00 per 1,000 sq. ft. gross leasable floor area 18.72.130 SUBMITTAL REQUIREMENTS FOR A CONDITIONAL USE PERMIT Every application for a conditional use permit is evaluated in terms of its compliance with the criteria set forth in Section 18.72.010. I The Planning Department shall not accept any conditional use permit application unless the following site plan information is supplied. Until such data is submitted, the applica- tion is incomplete and cannot be accepted or processed. Prior to preparing the material for submittal, the applicant should contact the Planning Office to review data requirements as to proper content and format. The applicant is respon- sible for the accuracy of information (drawings, sketches, diagrams, etc.) submitted. Approval granted on the basis of false information shall be held invalid. All data (plans, maps, etc.) must be neat and legible or will not be accepted and must be submitted to the Planning Depart- ment at least twelve (12) full working days prior to the scheduled public hearing. The Plan- ning Director may develop additional administrative plan review procedures relating to site planning, buffering, grading, circulation, building design, building-site plan relationships, roof design, landscaping, architectural and climatic relationships, signings, and other require- ments as may be necessary to carry out the intent of this Chapter. 18.72.140 REQUIRED EXHIBITS, PLANS AND DATA The required data shall include, but is not limited to, the following: SITE PLAN All site plans (ten (10) copies are required) must be drawn at a minimum scale of one inch equals twenty (20) feet on a uniform size sheet(s), maximum acceptable size being twenty- four (24) inches by thirty-six (36) inches, and shall show, where applicable: I a) A title block showing name and address of applicant(s) and name and address of proposed project and site and date of preparation. b) Scale and north arrow. c) Property lines with dimensions. d) Setback lines (specify front, side and rear yard areas) with dimensions. e) Existing and proposed easements, indicating name, width, and purpose (utilities, streets, etc.). f) Topographic features (where applicable) of the site which show including, but not limited to: embankments, water courses (streams, creeks, etc.) drainage channels, areas of seasonal water ponding, flood-plains, marsh areas, rock ORDlr-;jANCE NO. 1019 488 outcrops, and wooded areas. g) Location of buildings, existing or porposed (include number of proposed dwelling units or commercial and industrial units to be built). I h) Loading areas (dimensions) . i) Proposed off-street parking facilities including driveways (vehicular I access ways) showing surfacing material, stall size, and aisle widths. j) Storage areas, garbage enclosures, etc. k) Phases of development, if to be carried out in stages. 1) Accurate contour lines showing contours at reasonable intervals on lands with slopes greater than five percent (5%) or with unusual top- ographic features. m) Surfaced areas, including walkways (pedestrian walkways, etc.) n) Drainage facilities (manholes, culverts, etc.). 0) Signs l. Elevations of signs. 2. Scaled drawings indicating dimensions of type of signs proposed. 3. Description of colors, materials, and lighting proposed. p) Fences, walls, buffering techniques, etc. l. Location on site plan. 2. Sample sketch indicating and describing approrpiate dimensions (height, width, etc.) and materials to be used. BUILDING ELEVATIONS a) Elevations of all exterior walls of all structures (includes accessory structures). b) Percent building coverage of the site. I c) Height of structures. d) Use of materials. e) Facade and roof element (design) . f) Screening of roof-based mechanical equipment. g) Scaled dimensions of all existing and proposed buildings. LANDSCAPING DESIGN PLAN Landscaping plans should be drawn at a scale of one (1) inch equals twenty (20) feet and must show: a) Percent of site to be landscaped. b) Plant legend showing total number of plants and trees, by common names, and estimated sizes at time of installation and at maturity. c) Location of individual plants and trees showing approximate distances from roadways and buildings. d) Description and location of additional ground cover. e) Description and location of any proposed ornamental landscaping elements (colored and crushed rock, gravel, large boulders, wagon wheels, etc.). f) Description, location, and dimension of landscaping protective devices. All landscape plans shall be prepared and certified to by a licensed landscape archi- I tect, architect, or nurseryman for uses requiring more than fifteen (15) parking spaces. 18.72.150 CONDITIONAL USES BY ZONING DISTRICTS The following uses may be permitted as conditional uses in the districts as specified: AS Agriculture District Public and private parks and playgrounds, golf courses and country clubs, hunting and fishing clubs, schools and travel trailer parks, and television and radio broadcasting studios and transmitters, and ambulance service. ORDINANCE NO. 1019 489 RS Residential Suburban Schools, (non-board, nursery, elementary, junior and senior high) public and private parks and playgrounds, golf courses and country clubs, other recreational uses, F.C.C. earth stations, and P.D.D. 's as provided in Chapter 18.75 of this ordinance and ambulance service. I R-l Single Family residential- Low Density Schools, libraries, public and private parks and playgrounds, golf courses and country clubs, P.D.D. 's as provided in Chapter 18.75 of this ordinance, and ambulance service. R-2 Single Family Residential - Medium Density Same as R-l district. R-3 Residential - Medium Density Conditional uses provided in the R-l and R-2 districts that are not permitted uses in the R-3 district, as provided in Chapter 18.78 of this ordinance, P.D.D. 's as provided in Chapter 18.75 of this ordinance, fraternity and sorority houses and individual offices. R-4 Residential - Medium Density Apartments Same as R-3 district. R-5 Residential - High Density Same as R-4 district. R-O Residential- Office District Nursing homes and hospitals, churches, public and private parks and playgrounds. Other types of medical facilities or personal services not listed as a permitted use, P.D.D. 's as provided in Chapter 18.75 of this ordinance, and ambulance service. B-1 Neighborhood Business District Retail uses in addition to those permitted uses listed but limited to those serving the I consumer directly, gasoline service stations, and professional and business office uses. B-2 Community - Highway Business District Retail uses in addition to those permitted uses listed, wholesale distributers with on- premise retail outlets provided warehousing is limited to commodities which are sold on the premises, amusement and recreational activities, travel trailer parks as provided in Chapter 18.81 of this ordinance, residence for owner or caretaker, and P.D.D. 's as provided in Chap- ter 18.75 of this ordinance. B-3 Central Business District Amusement and recreation activities, auction rooms, transportation and utility stations, apartments, drive-in banks and cleaners, radio and T.V. broadcasting and transmitting studios. M-l Commercial - Light Manufacturing Amusement and recreational activities, open storage (if adequately screened), retail establishments (in addition to those listed in Chapter 18.51) residences for owner or care- taker, P.D.D. 's as provided in Chapter 18.75 of this ordinance, animal shelter, and veterin- ary clinics. M-2 Manufacturing and Industrial Junk salvage yards (if adequately screened), residences for owner or caretaker. TR Technology Research District Other research establishments not listed as permitted uses, planned research establish- ments as provided in Chapter 18.75 of this ordinance. I Section 1 That this ordinance shall be in full force and effect from and after thirty (30) days after its adoption. PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, this 14th day of February 1979. MAYOR ATTEST: Clerk of the City Commission ORDINANCE NO. 1019 490 State of Montana ) County of Gallatin) City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman I do hereby certify that the foregoing Ordinance~No. 1019 was published by title and number in the Bozeman Daily Chronicle, a newspaper of gen- eral circulation printed and published in said Bozeman in the issue of the 23rd day of February, 1979, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 14th day of March, 1979. Clerk of the City Commission I I ORDINANCE NO. 1019