HomeMy WebLinkAboutOrdinance 79- 1023, Amends § 18.76.110, zoning
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ORDINANCE NO. 1023
AN ORDINANCE AMENDING SECTION 18.76.110, COMMON OPEN SPACE FOR TOWN-
HOUSE DEVELOPMENT.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AS FOLLOWS:
Section 1 I
That Section 18.76.110 of Title 18, City of Bozeman Zone Code, be amended to read as
follows:
18.76.110 Open Space
1. Maintenance of Common Area - Provisions satisfactory to the City Commission
shall be made to assure that non-public areas and facilities for the common
use of occupants of a townhouse development, but not in individual ownership
of such occupants, shall be maintained in a satisfactory manner without ex-
pense to the general taxpayers of the City of Bozeman. To this end the in-
corporation of an automatic membership home association created under record-
ed land agreements will be required for the purpose of continously holding
title to such non-public areas and facilities, levying assessments against
each townhouse lot, whether improved or not, for the purpose of paying the
taxes and maintaining such non-public areas and facilities may include but
not be limited to, recreational areas, off-street parking bays, private
streets, sidewalks, recreational areas, off-street parking bays, private
streets, sidewalks, streetlights, and common open and landscaped areas.
Such assessments shall be a lien superior to all other liens save and ex-
cept tax liens and mortgage liens, provided said mortgage liens are first I
liens against the property encumbered thereby, subject only to tax liens,
and secure indebtedness which are amortized in monthly or quarter-annual
payments over a period of not less then ten years. Other methods may be
acceptable if the same positively provide for the proper and continuous
payment of taxes and maintenance without expense to the general taxpayers.
The instrument incorporated such provisions shall be approved by the City
Commission, and shall be recorded in the public records of Gallatin County
if satisfactory to the City Commission.
In the event that this or a similar entity fails to maintain the common
area in accordance with the landscaping plan approved by the City Commis-
sion, or should the entity fail to maintain the common area in a reason-
able condition and state of repair, the determination of such failure to
be made by the Building Inspector or Planning Director, the City Commission,
may at its option through its own agents or by independent contractor, enter
the common area for purposes of maintenance thereof, together with an addi-
tional charge of twenty-five percent (25%) of said costs for management fees,
such costs to constitute a lien upon each and every lot in the project.
2. Common Open Space - A minimum of thirty percent (30%) of the site to be de-
veloped for townhouses shall be provided as common open space except when
one townhouse group is proposed. Fifty percent (50%) of said space shall I
be unencumbered with any structure(s), and any other impervious areas.
Said areas shall be landscaped and well maintained with grass, trees and
shrubbery. The remaining fifty percent (50%) may be used only as swimming
pools, tennis courts, shuffle boards, pedestrian walks, entrance features,
recreation buildings, maintenance buildings for common areas, and other rec-
reational uses.
3. Compensating Common Open Space Required - In those instances where the pro-
posed lot has a gross area of less than the per unit lot area requirement of
the specifi~ zoning district, compensating common open space must be estab-
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ished and provided with the project site.
Compensating open space also allows the individual housing units and lots to
be grouped in a manner which creates economics in the installation of util-
ities and streets required to serve these individual private properties and
provides an opportunity for the subdivider to design and develop a more
I attractive residential neighborhood and fully utilize any natural or topo-
graphic features which may be present on the tract being subdivided.
4. Limitations, Courtyards - Compensating open spaces are to be considered to
be only those areas not specifically designated or used as lots, building
sites for dwelling units, building sites for utility or storage purposes,
vehicular parking lots, carports or garages or driveways thereto or streets
either public or private.
Courtyards which are designed to provide primary access from groups or
cluster of lots or building sites adjacent to public streets must have
an average width between the fronts of such lots or buildings of fifteen
(15) feet with a minimum of such distance being not less than ten (10)
feet. The length of such courtyards should not be more than 100 feet,
extending away from the public street upon which such courtyards must
open.
Section 2
This ordinance shall become effective thirty days after its passage and adoption by the
City Commission of the City of Bozeman.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, this 28th day
of February, 1979.
I
EDMUND P. SEDIVY, SR., MAYOR
ATTEST:
Clerk of the City Commission
State of Montana )
County of Gallatin)
City of Bozeman )
I, Erna V. Harding, Clerk of the Commission of the City of Bozeman
do hereby certify that the foregoing Ordinance No. 1023 was published
by title and number in the Bozeman Daily Chroncile, a newspaper of gen-
eral circulation printed and published in said Bozeman in the issue of
the 5th day of March, 1979, and due proof of such publication is on file
in my office.
I IN WITNESS WHEREOF I hereunto set my hand and affix the corporate
seal of my office this 15th day of March, 1979.
Clerk of the City Commission
ORDINANCE NO. 1023