HomeMy WebLinkAbout20- Ordinance 2044 Amending Table 38.310.030.B of the Bozeman Municipal Code to Add General Service Establishments, Restaurants, and Retail as Allowed Uses in the Residential-Office Zoning DistrictPage 1 of 5
ORDINANCE 2044
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING TABLE 38.310.030.B OF THE BOZEMAN MUNICIPAL CODE
TO ADD GENERAL SERVICE ESTABLISHMENTS, RESTAURANTS, AND RETAIL AS
ALLOWED USES IN THE RESIDENTIAL-OFFICE ZONING DISTRICT AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Bozeman (the “City”) has adopted 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, Section 76-2-302, MCA says “…legislative body may divide the
municipality into districts of the number, shape, and area as are considered best suited to carry out
the purposes [promoting health, safety, morals, or the general welfare of the community] of this
part”; and
WHEREAS, the City has established various residential districts, including the
Residential-Office (R-O) district with uses deemed appropriate to meet the needs of the community
and beneficial for all those within the district; and
WHEREAS, the City has continued to expand and develop and the needs of the
community are constantly changing. Therefore, it is appropriate to revise the uses allowed in the
R-O district to meet the changing needs of the community; and
WHEREAS, it is in the interests of the City and public welfare to expand the non-
residential uses authorized in the R-O district and to provide limits to the scope of those allowed
uses to lessen potential negative impacts on other allowed uses.
DocuSign Envelope ID: 334B762F-C854-455C-8148-BD885906C991
Ordinance 2044, Amending 38.3 of the Bozeman Municipal Code to revise uses for the R-O zoning district
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Table 38.310.030.B, Permitted accessory and non-residential uses in residential zoning
districts of the Bozeman Municipal Code be amended as follows:
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O 1 RMH
Accessory uses
Essential services Type I* A A A A A A A A
Guest house* A A A A A A A —
Home-based businesses (38.360.140) * A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings and structures typically accessory to
authorized uses A A A A A A A A
Private or jointly owned recreational facilities A A A A A A A A
Signs*, subject to article 5 of this chapter A A A A A A A A
Temporary buildings and yards incidental to construction
work A A A A A A A A
Temporary sales and office buildings A A A A A A A A
Non-residential uses
Agricultural uses* on 2.5 acres or more (38.360.260) P — — — — — — —
Agricultural uses* on less than 2.5 acres (38.360.260) C — — — — — — —
Bed and breakfast* C C C C P P P —
Commercial stable (38.360.220) C — — — — — — —
Community centers* C C C C C C P C
Day care centers* S S S P P P P S
Essential services Type II* P P P P P P P P
Essential services Type III* 2 C C C C C C C C
Short Term Rental (Type 1)* P P P P P P P —
Short Term Rental (Type 2)* — — P P P P P —
DocuSign Envelope ID: 334B762F-C854-455C-8148-BD885906C991
Ordinance 2044, Amending 38.3 of the Bozeman Municipal Code to revise uses for the R-O zoning district
Page 3 of 5
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O 1 RMH
Short Term Rental (Type 3)* — — — — — — — —
General service establishment* — — — — — — P5 —
Golf courses C C — — — — — —
Offices* — — — — S 3 S 3 P —
Public and private parks P P P P P P P P
Medical offices, clinics, and centers* — — — — C C 3 P —
Recreational vehicle parks (38.360.200)* C — — — — — — P
Restaurant* — — — — — P 4 —P5,
6 —
Retail* — — — — — P 4 —P5,
6 —
Uses approved as part of a PUD per division 38.380 of this
article C C C C C C C C
Veterinary uses S — — — — — — —
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined
by the underlying growth policy land use designation. Where the district lies over a residential
growth policy designation the primary use shall be non-office uses; where the district lies over a
non-residential designation the primary use shall be office and other non-residential uses. Primary
use shall be measured by percentage of building floor area.
2. Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner
sites within a mixed-use building featuring residential units next to and/or above subject uses.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
Section 2
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.
DocuSign Envelope ID: 334B762F-C854-455C-8148-BD885906C991
Ordinance 2044, Amending 38.3 of the Bozeman Municipal Code to revise uses for the R-O zoning district
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Section 3
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 4
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 5
Codification.
This Ordinance shall be codified as indicated in Section 1.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
DocuSign Envelope ID: 334B762F-C854-455C-8148-BD885906C991
Ordinance 2044, Amending 38.3 of the Bozeman Municipal Code to revise uses for the R-O zoning district
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 3rd day of August, 2020.
____________________________________
CHRIS MEHL
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a special session thereof held on the 18th of
August, 2020. The effective date of this ordinance is Septemer 17, 2020.
_________________________________
CHRIS MEHL
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
DocuSign Envelope ID: 334B762F-C854-455C-8148-BD885906C991