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HomeMy WebLinkAboutOrdinance 79- 1027, Adds subsection (7) to 8 18.84.020, zoning Q04 ORDINANCE NO. 1027 AN ORDINANCE OF THE CITY OF BOZEMAN PROVIDING FOR AN ALTERNATE METHOD FOR SATISFYING OFF-STREET PARKING REQUIREMENTS IN THE B-3 (CENTRAL BUSINESS) DISTRICT BY ALLOWING FOR CASH-IN-LIEU PAYMENTS. WHEREAS, the Bozeman City Commission has established a Bozeman Parking Commission, and has duly appointed five members to serve on that commission; and, WHEREAS, the Bozeman City Commission has authorized and charged said Parking Com- mission with responsibility of supervising parking in the B-3 Zone District; and, WHEREAS, the Bozeman City Parking Commission has studied the parking situation in the B-3 Zone District and has proposed to the Bozeman City Commission a method of pro- viding additional parking in the B-3 Zone District through a Special Improvement District; and, WHEREAS, the Bozeman City Commission has authorized the creation of a Special Improve- ment District for the purchase of land for additional off-street parking in the B-3 Zone District; and, WHEREAS, Section 18.84.010 to Chapter 18.84.050 provides for certain requirements for parking spaces; and, WHEREAS, Section 18.93.010 creates the Board of Adjustments to act on request of variances to parking space requirements; and, WHEREAS, the City Commission desires to extend another opportunity for persons not qualifying for variances to the parking space requirements to obtain additional parking; and, NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: 18.84.020 DESIGN 7. Exceptions, Modifications - B-3 District All uses within an adopted B-3 district shall comply with the provisions of this chapter and any additional regulations for off-street parking and loading adopted by the Bozeman Parking Commission. All new and expanded uses of property and buildings within the B-3 district subject to the jurisdiction of the Bozeman Park- ing Commission shall either provide parking spaces as required in this chapter or an equivalent cash-in-lieu payment, as set forth in Section 18.84.010. Excess parking spaces above the required number of spaces for the use (building and /or property) existing at the time of application for exchange or expansion of an existing use or the institution of a new use may be credited toward meeting the required parking spaces. A. Cash-in-Lieu Payments Where all or part of the required parking spaces cannot be provided for a proposed use either through ownership or lease of the necessary land, and where a variance from the off-street parking requirements has not been granted by the Board of Ad- justment, the petitioner shall satisfy the parking requirements by providing an equivalent cash-in-lieu payment. No building permit shall be issued nor shall any use of property be initiated un- less a satisfactory cash-in-lieu payment is received by the Bozeman Department of Finance. The Bozeman Parking Commission shall review and consider all requests for cash-in- lieu payments and furnish a written and dated certificate, signed by the Parking Commission Chairman, authorizing cash-in-lieu payments. A copy of this certif- icate shall be presented to the Building Inspector before a building permit is issued or the use instituted. B. Cash-in-Lieu Fee • For each required parking space not provided, an appropriate payment shall be made to the City Finance Director as specified by City Commission Resolution. All funds received under the provisions of the ordinance shall be deposited in an interest bearing account and unless otherwise directed by the City Commission shall be used for the acquisition of additional parking stalls and for the renovation and resurfacing of same. The cash-in-lieu fee may be revised at the discretion of the City Commission, upon the recommendation of the Parking Commission, to reflect changing market values. ORDINANCE NO. 1027 005 C. Existing Special Improvement Districts All real property assessed by Special Improvement District (SID) #565 or other similarly adopted improvement districts designed to provide additional parking spaces with the B-3 district shall be exempt from the requirement to provide additional parking spaces as contemplated by those assessments provided the use of said real property and improvements remain unchanged from the initial assessments of SID #565 or other similarly adopted improvements districts. In the event that a new use or an expansion is initiated on any portion of real property or improvements subsequent to the assessments for SID #565 or other similarly adopted improvement districts, then parking space requirements shall be satisfied prior to initiation of these new or expanded uses. Section I 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 11th day of April, 1979. ��,� r/""EDMUND P. DIVY, SR. , MAYOR ATTEST: - II/ , dif44140,1 ERNA V. HARDING, 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.1027 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said Bozeman in the issue of the 15th day of April, 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 19th day of April, 1979. Sy400t. / if4004 41/# 1 Clerk of the City Commission r ORDINATE NQ. 1027 _�_