ORDINANCE NUMBER 3511

Transcription

1 ORDINANCE NUMBER 3511 An Ordinance to amend Title 20 City Zoning Ordinance of the Missoula Municipal Code to incorporate maintenance revisions as shown in this ordinance. Be it ordained by the Missoula City Council that the maintenance revisions that occur in the listed chapters be adopted. Chapter Introductory Provisions, B Minimum Requirements; Compliance with other Applicable Regulations; Chapter Business and Commercial Districts, F Allowed Uses; Chapter Use- and Building-Specific Standards, E Building Design, 3. Storage; Chapter Use- and Building-Specific Standards, Wireless Communications.E Historic Overlay Zones; Chapter Accessory Uses and Structures, B.2 Parcel and Building Standards in Residential Districts; Chapter Landscaping, B.2. General Site Landscaping; Chapter Miscellaneous Regulations; Chapter Signs, H Pump Top Unit, Service Stations; Chapter Administration, D.4, D.4.c, and G Historic Preservation Commission; Chapter Violations, Penalties and Enforcement, A and E Remedies and Enforcement Powers; Chapter Terminology, Pump Top Unit; Chapter Use Classifications, A.1 Commercial Use Group; Chapter Measurements and Exceptions, E Features allowed to encroach in required setbacks. Chapter Introductory Provisions Minimum Requirements; Compliance with other Applicable Regulations B. In addition to the requirements of the zoning ordinance, all uses and development must comply with all other applicable city, state and federal regulations. Chapter Miscellaneous Regulations Unzoned Areas Commentary: The procedure for placing more than one unit on a parcel may require review for building for lease or rent in accordance with state and local regulations. Check with Development Services to determine applicability. A. Zoning Compliance Permits for New Buildings, Structures or Uses Chapter Use- and Building-Specific Standards Multi-dwelling Building E. Building Design 3. Storage Each dwelling unit must be provided with an enclosed area that is not located within an individual dwelling unit. The storage space must be a minimum of 7 feet in height and 25 square feet in floor area, with no minimum interior dimension of less than 4 feet. Access doors for storage areas may not directly face a public street. This storage space may be combined with the required long term bicycle storage space found in Section ; the total combined area must be a minimum 35 square feet. 1

2 Chapter Use- and Building-Specific Standards Wireless Communication Facilities E. Historic Overlay Zones (/NC-H) In addition to compliance with applicable standards contained in this section, proposed development located in or within 300 feet of an /NC-H overlay district must be reviewed by the historic preservation officer for consistency with applicable overlay district regulations and applicable requirements of , when a Historic Preservation Permit is required. Chapter Accessory Uses and Structures Parcel and Building Standards in Residential Districts B. Setbacks 2. Minimum side and rear setbacks for accessory buildings and structures are as follows: Zoning District Side Setback Rear Setback R [1] OP [1] R80, R40, R20, RT10 5[2] 5[3] R8, R5.4, RT5.4, R3, RT2.7, RM2.7, RM1.5, RM1, 3[2] 3[3][4] RM0.5, RMH [1] Stables and other accessory buildings housing farm animals or livestock must be set back at least 100 feet from residential buildings under separate ownership and 100 feet from all water courses. [2] Accessory structures not requiring a zoning compliance permit and not exceeding 8 6 in height are exempt from side setbacks. [3] Accessory structures not requiring a zoning compliance permit and not exceeding 12 in height are exempt from rear setbacks. [4] Accessory structures with direct vehicle access and garage doors parallel to an adjacent alley (i.e. garage) must have a minimum 26 from face of structure to opposite side of alley right-of way. Commentary: Accessory structures also need to comply with sight visibility, drainage, and easement requirements administered through City Engineering. Chapter Landscaping General Site Landscaping CB. Standards 2. For parcels occupied by townhouses, multi-dwelling houses, and multi-dwelling buildings, general site landscaping must be provided on at least 35% of the parcel for developments of fewer than ten dwelling units. For parcels occupied by enterprise commercial uses, general site landscaping must be provided on at least 20% of the parcel. In all other cases, general site landscaping must be provided on at least 15% of developed parcels. If the proposal is unable to accommodate the required percentage of the parcel for general site landscaping because the area is encumbered by existing structures, driveways, parking areas, or other paved surfaces, the applicant must provide general site landscaping on the entire area (consistent with A.2) that is unencumbered. 2

3 Chapter Administration Historic Preservation Commission D. Operation 1. The Historic Preservation Commission must establish a regular meeting schedule and make the schedule available to the general public. 2. Special meetings may be called by the chairperson or by simple majority vote of the Historic Preservation Commission. 3. The historic preservation officer is responsible for announcing meetings of the Historic Preservation Commission. 4. Commission hearings must be: a. Noticed by publication in a local newspaper of general circulation at least 15 days before the meeting. Such notice must include the date, place, time and purpose of the meeting; b. Open to the public in accordance with applicable state law; and c. Held with a quorum consisting of at least a majority of the commission membership Historic Preservation Commission G. Appeals of Historic Preservation Commission Decisions Decisions of the historic preservation officer and decisions of the Historic Preservation Commission may be appealed in accordance with section P. Chapter Violations, Penalties and Enforcement Remedies and Enforcement Powers A. Applicability The city may use any lawful remedy or enforcement powers, expressly including those described in this section, when any land, building or structure is erected, constructed, reconstructed, altered, repaired, converted, used or maintained in violation of this ordinance. E. Stop Work 1. Whenever a structure or part thereof is being constructed, reconstructed, altered, repaired, or other development is occurring, in violation of this zoning ordinance, the zoning officer may order the work to be immediately stopped. F. Stop Use Whenever a structure or part thereof is being used in violation of this zoning ordinance, the zoning officer may order the use to be immediately stopped. Re-letter existing subsections F through I appropriately. Chapter Terminology General Terms Pump Top Unit - integrated equipment on the top of a gas pump structure intended to be used as advertising space by use of electronic video display. Chapter Signs Regulations of Specific Types of Signs A-G unchanged, add new H. H. Pump Top Unit, Service Stations 1. The intent of this section is to reduce the impact of pump top units to the point of contact with the direct user of that device. 3

4 B1 B2 C1 C2 CBD Standards 2. The audio component of this device must comply with the City of Missoula s Noise Ordinance. 3. A sign permit is required in compliance with the ground sign standards of the district in which the unit is located when a pump top unit exceeds any of the following visual display criteria: a. Screen of 21.5 (measured on the diagonal) b. Illumination of 1,000 nits (candelas per square meter) c. 70 degree (from horizontal) viewing angle d. A display that turns off 2 minutes after customer leaves. I. Sidewalk Signs Re-letter existing subsections I through K appropriately. Chapter Business and Commercial Districts Allowed Uses F. Use Standards Table Uses Allowed in Business and Commercial Districts Use Category specific use type C O M M E R C I A L Animal Services Sales and Grooming C C C P C P C Shelter or Boarding Kennel C C C C C Veterinary C C P P C Chapter Use Classifications Commercial Use Group A. Animal Services 1. Sales and Grooming Sales and grooming of dogs, cats and similar small animals. Typical uses include pet stores, dog bathing and clipping salons, pet grooming shops, and indoor training, Chapter Measurements and Exceptions E- Features allowed to encroach in required setbacks. Bay windows that project a maximum 32 inches into the setback, are no more than 15 feet in length, have a minimum 12 clearance from exterior finished grade, and a minimum 18 elevation from each interior finished floor to top of bay window sill. Effective Date. The provisions of the ordinance shall be effective in 30 days. 4

5 Severability. If any selection, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED by a 9 Ayes,0 Nays, 0 Abstain and 3 Absent vote and APPROVED by the Mayor this 28 th day of October, ATTEST: APPROVED: /s/ Martha L. Rehbein Martha L. Rehbein, CMC City Clerk /s/ John Engen John Engen Mayor (SEAL) 5