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2. Casinos, Bars & TavernsInteroffice MEMORANDUM August 20, 1999 To: The Honorable Mayor and City Council From: Chris A. Kukulski Ca�" Re: Casinos Attached is an ordinance Glen has drafted concerning casinos. The main changes to the current zoning involve listing casinos as permitted uses, restricting their location to B-2 and B-4 zoning districts and keeping them a distance of not less than 300 feet from residential areas. Currently there are 26 casinos in the City of Kalispell and PJ will have a map available at the work session Monday detailing where each one is located. Post Office Box 1997 • Kalispell, Montana 59903-1997 Telephone (406) 758-7700 • FAX (406) 758-7758 ORDINANCE NO. AN ORDINANCE AMENDING 5 27.37.010 (44) AND 55 27.14.020, 27.14.030, 27.16.020 AND 27.16.030, KALISPELL ZONING ORDINANCE, BY GENERALLY REVISING THE DEFINITION OF AND PROCESS UNDER WHICH CASINOS MAY OPERATE WITHIN THE CITY AND DECLARING AN EFFECTIVE DATE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That 5 27.37.010 Kalispell Zoning Ordinance is hereby amended to read as follows: (44) CASINO. An establishment that offers any form of legalized gambling authorized under Title 23, Chapter 5, Parts 1 through 6 Montana Code Annotated either as a primary use or as an accessory use to a tavern or bar. SECTION II. That 5 27.14.020 Kalispell Zoning Ordinance is hereby amended to read as follows: Permitted Uses. (15) Catering establishments. (16) Casino, when located a distance of not less than 300 feet from an adjacent residential zoning classification. (17) Church/worship/parish/Sunday school buildings. SECTION III. That 5 27.14.030 Kalispell Zoning Ordinance is hereby amended to read as follows: Conditional Uses. (4) Campground/RV Park. (5) C"aRinn_ (6) Community Residential facilities for eight or fewer people. SECTION IV. That 5 27.16.020 Kalispell Zoning Ordinance is hereby amended to read as follows: Permitted Uses. (10) Catering establishments. (11) Casino when located a distance of not less than 300 feet from an adjacent residential zoning classification. (12) Chemical dependency/substance abuse clinic (out patient only). SECTION V. That 5 27.16.020 Kalispell Zoning Ordinance is hereby amended to read as follows: Conditional Uses. (6) Bus passenger terminal building, transit terminals. (7) inn (8) Drive-in banking facility. SECTION VI. All parts and portions of the Kalispell Zoning Ordinance not amended hereby shall remain the same. SECTION VII. This Ordinance shall take effect thirty (30) days from and after its final passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS DAY OF , 1999. Wm. E. Boharski Mayor Attest: - Theresa White City Clerk Casino Definition ZCA RESOLUTION #Z-9674A RESOLUTION OF THE BOZEMAN CITY -COUNTY PLANNING BOARD REGARDING AN APPLICATION TO AMEND THE DEFINITION OF CASINO IN THE BOZEMAN ZONING ORDINANCE. WHEREAS, the City of Bozeman and the Gallatin County Commission have adopted a Master Plan pursuant to 76-1-604, M.C.A.; and WHEREAS, the Bozeman City -County Planning Board has been created by joint resolution of the City of Bozeman and Gallatin County provided for in Title 76-1-101, M.C.A., and a jurisdictional area created under 76-1-504, M.C.A.; and WHEREAS, the Bozeman City -County Planning Board has been designated by the City Commission to serve as the Bozeman Zoning Commission per Title 76-1-108; and WHEREAS, the proposed Zone Code Amendment application to amend the Bozeman Zoning Ordinance to amend the definition of a casino has been properly submitted, reviewed, and advertised in accordance with the procedures set forth in Chapter 18.55 of the Bozeman Zoning Ordinance; and WHEREAS, the Bozeman City -County Planning Board held a public hearing on January 22, 1997, to receive and review all written and oral testimony on the request for Zone Code Amendment; and WHEREAS, one member of the public spoke to offer suggestions on alternative methods of determining whether gambling is an accessory use; and WHEREAS, one letter was received expressing concern regarding the social costs of gambling and its affect on tourism, and a petition was received in favor of limiting the number of gambling machines allowed in the community; and WHEREAS, the City -County Planning Board expressed concern that a business could potentially get around the intent of the "floating district" code amendments by not calling itself a casino an having 14 or less machines; WHEREAS, the Bozeman City -County Planning Board found that the proposed Zone Code Amendment to amend the Bozeman Zoning Ordinance to amend the definition of casino by reducing the number of gambling machines would comply with the 12 criteria for consideration established in Title 76=2-304, M.C.A.. 1 NOW, THEREFORE, BE IT RESOLVED that the Bozeman City -County Planning Board recommends to the Bozeman City Commission that the proposed Zone Code Amendment application to amend the Bozeman Zoning Ordinance to amend the definition of casino by reducing the number of gambling machines by a number determined by the elected officials, be approved. DATED THIS 22ND DAY OF JANUARY, 1997 Resolution #Z-9674A. Andrew C. Epple, Director James Devitt, President City -County Planning Office City -County Planning Board K . P R E L r u d t i er contributes to the need for a fence, and that the need for a fence may be lessened by adequate landscaping. Mr. McConnen suggested imposing a condition that either requires a fence of certain specifications if the property owners can't work out an agreement. Planning Director Epple noted that such a condition would obligate a third party. A discussion ensued regarding possible improvements to the existing fence which would keep the cows in and discourage trespassing. Board members agreed that the two property owners should be able to work out a situation amenable to both. Richard Monahan said he would be willing to accept the existing fence if the two property owners will repair it and maintain it to their mutual satisfaction. Planning Director Epple remarked that the Board can require the owner to be responsible for working with the adjacent property owner to repair the existing fence in a workman -like manner and to improve and maintain it to the satisfaction of both parties. Before final plat approval, he said, planning staff can make certain the fence is in good repair. MOTION - Lonny Walker moved, seconded by Michael Vincent, to recommend approval of Planning Application #P-9652 with an additional condition that the owner work with the adjacent property owner to improve and maintain the existing fence along the western property boundary in a workman -like manner to the satisfaction of both parties, and that recommended condition #16 be relocated near condition #2, as they are related. The motion carried 9-0. The recommendation will be forwarded to the County Commission, for consideration at its 1:30 p.m. meeting on Tuesday, February 4,4997. B. Zone Code Amendment Application #Z-9674A - (Casino Definition) - A Zone Code Amendment Application, requested by the Bozeman City Commission, to amend Section 18.04.350 (A.3), the definition of "Casino", to include establishments with less than 15 gambling machines on the premises. (Williams) Assistant Planner Christopher Williams reviewed the Staff Report (on file at the City -County Planning Office), indicating that although the City Commission directed staff to proceed with the subject zone code amendment as it felt the issue warranted discussion, individual commissioners have not indicated whether they would support the amendment. He reviewed the Planning Board's previous action on the proposed casino "floating district" amendment which would, among other things, restrict casinos to Light Manufacturing and Manufacturing & Industrial zoning districts. He further recalled Board member Lonny Walker's concern regarding an intrinsic loophole in the current definition in that an applicant could propose a lounge with 14 gambling machines, called something other than a casino, and not be restricted per the intent of the proposed "floating district" ordinance changes. Planner Williams commented that he has heard from a number of sources that gambling has reached a peak in Montana and will no longer increase at past rates. He noted the receipt of a letter from Michael J. Burgard expressing concern regarding the social costs with relative tax benefits of casinos, and the affect on tourism that gambling has. Petitions provided by the letter writer included City -County Planning Board - January 22, 1997 6 dasino Definition Staff Report January 22, 1996 BOZEMAN CITY -COUNTY PLANNING BOARD STAFF REPORT CASINO DEFINITION SUPPLEMENTAL AMENDMENT #Z-9674 ITEM: ZONING APPLICATION NO. Z-9674--AN APPLICATION TO AMEND THE BOZEMAN ZONING ORDINANCE TO CHANGE THE DEFINITION OF A CASINO APPLICANT: BOZEMAN CITY COMMISSION P.O. BOX 640, BOZEMAN, MT 59771. DATE[nME: BOZEMAN CITY -COUNTY PLANNING BOARD: TUESDAY, JANUARY 22, 1997 AT 7:00 P.M. IN THE COMMISSION MEETING ROOM, CITY HALL, 411 EAST MAIN STREET, BOZEMAN, MT. BOZEMAN CITY COMMISSION: MONDAY, FEBRUARY 3, 1997 AT 7:00 P.M. IN THE COMMISSION MEETING ROOM, CITY HALL, 411 EAST MAIN STREET, BOZEMAN, MT. REPORT BY: CHRISTOPHER WILLIAMS PROJECT PLANNER LOCATION/DESCRIPTION OF AFFECTED AREA The proposed text amendment to the Bozeman Zoning Ordinance would pertain to all of the City of Bozeman and its Extraterritorial Zoning Jurisdiction as set forth on the Official Zoning Map and Official Extraterritorial Zoning Map for the City of Bozeman, on record and available for public review in the City Engineering Office, 35 North Bozeman Avenue, Bozeman, Montana.. Bozeman City -County Planning Board Page 1 Casino Definition Staff Report January 22, 1997 PROPOSAL The City of Bozeman has made application to amend § 18.04.350.A.3., Bozeman Zoning Ordinance to reduce the number of video gambling machines which will qualify a business as a "casino." BACKGROUND On October 7, 1996, the Bozeman City Commission held a public hearing on a proposal to amend the Bozeman Zoning Ordinance to create a Casino Overlay Zone. Under the proposed amendment, any business seeking to establish a casino operation would be required to apply for a zone map amendment and a conditional use permit (CUP). Casinos would be limited to M-1 and M-2 districts, and outside of Entryway Overlay Districts, except for tht I-90 corridor. In addition, casinos could not locate within 600 feet, in any direction, of lots used for schools, churches, residences, public parks, or other casinos. During the public hearings on the Casino Overlay Zone, there was debate as to whether the definition of casino should be amended to be more inclusive. A casino definition amendment was also identified as a goal at public meetings hosted by two City Commissioners. The City Attorney concluded that such an amendment would have to be noticed and presented at public hearings, independent of those for the Casino Overlay Zone, since it was not a part of the original proposed casino amendments. As a result, on October 7, the City Commission delayed their decision on the Casino Overlay Zone and directed Planning Staff to prepare an application for amendment of the definition of "casino" in the Bozeman Zoning Ordinance. From Planning StafFs discussions with the State's Gambling Control Division, it appears that the original intent of the State Legislature in permitting video gambling was to provide an additional source of income for bars and taverns. By limiting the number of video gambling machines to no more than 20 machines, the State was attempting to create an accessory use, or supplementary income, to establishments possessing liquor licenses. However, what we have seen is an increase in the number of businesses where the principal use is gambling, while food and liquor are ancillary. The City of Bozeman is one of the few municipalities in Montana to recognize this distinction by defining and restricting casinos in its Zoning Ordinance. The Bozeman Zoning Ordinance currently defines a casino as an establishment that has 15 or more video gambling machines, or is referenced as a casino by signage or by name. The number of video gambling machines constituting a casino could be reduced so long as the new definition is rationally related to a legitimate City interest. Any consideration in favor of a reduction must take into account the potential impacts on new and existing businesses. Under the proposed Casino Overlay Zone amendments, any existing business not in a M-1 or M-2 district, nor currently defined as a casino, would be precluded from increasing the number of video gambling machines to a number which would bring them within the Bozeman City -County Planning Board Page 2 Casino Definition Staff Report January 22, 1997 casino definition (15 or more machines). Currently, there are 35 existing businesses in the City of Bozeman that have at least one video gambling machine permit.' The machines are distributed as follows: NUMBER OF MACHINES NUMBER OF BUSINES-SES 1-4 9 5-9 11 10-14 4 15-20 11 (Within current definition of casino.") If the Casino Overlay Zone amendment is approved, the 11 existing businesses currently defined as casinos will all become nonconforming uses in the B-2 district. A nonconforming use is a use which does not comply with the present zoning provisions but which existed lawfully and was created in good faith prior to the enactment of the zoning provision. The Bozeman Zoning Ordinance provides that the nonconforming use may be continued at the size, and in the manner of operation, as it existed before becoming nonconforming but shall be discontinued upon the occurrence of certain triggering events (i.e. use discontinued for 90 days.) The Zoning Ordinance further provides that a lawful nonconforming use may be expanded only through the granting of a CUP approved by the City Commission. For example, if the number of video gambling machines constituting a casino is reduced to five, 26 existing businesses (or 74 percent of those -businesses with some form of video gambling) will become nonconforming uses subject to CUP approval for video gambling machine expansion. If the definition of a casino remains unchanged, any business that has a liquor license may install up to 14 video gambling machines on the premises. However, these businesses would be precluded from identifying themselves as casinos by signage or by name. [Given limited resources and technical capabilities, Planning Staff is unable to address the question of whether 14 video gambling machines would constitute a viable casino operation.] The following underlined language and strikeouts are currently being proposed as part of the original Casino Overlay Zone amendment application. The section contemplated by the subject application is presented in bold type. 18.04.350 Casino . A. "Casino" means an establishment whose primary use or activity is gambling, either in the form of gambling machines (video poker, keno, etc.), card games, or other licensed gambling activity. A casino will normally have a beverage and restaurant facilities as ancillary uses. In all instances, an establishment will be considered a casino for the purpose of these regulations if any of the following characteristics apply: 'Local Government Distribution, Video Gambling Machine Tax, September 11, 1996. Bozeman City -County Planning Board Page 3 Casino Definition Staff Report January 22, 1991 1. The establishment is referenced as a casino by signage or by name; 2. More than one card table is on the premises; 3. Fifteen or more gambling machines are on the premises;;—er eentahis- ne—lWe--eafd es, and the gambling B. An applicant for a casino establishment must obtain a Montana state license to sell alcoholic beverages for consumption on the premises. STAFF FINDINGS Staff has reviewed the proposed amendments in relation to the twelve criteria established by the Montana Code Annotated and offers the following comments: 1. Is the new regulation made in accordance with the comprehensive plan? The 1990 Bozeman Area Master Plan Update provides that land use activities in areas designated business park/industrial include office uses, industrial uses, commercial uses and _warehousing. Casinos, as commercial businesses, would be appropriate uses within such areas due to the limited potential for negative impacts on adjacent uses. A change in the number of video gambling machines constituting a casino, as defined by the Bozeman Zoning Ordinance, would be in accordance with the Bozeman Area Master Plan. 2. Is the new regulation designed to lessen congestion in the streets. Any application for a rezoning to Casino Floating Zone, and the eventual site plan development, shall be reviewed for impacts on adjacent streets. Specific developments will be designed such that impacts on City traffic patterns will be minimal. A change in the number of video gambling machines constituting casinos could reduce the intensity of specific uses thus lessening congestion in the streets. 3. Will the regulation promote health and general welfare? The current number and location of casinos has created concerns among the citizens of this community. Reducing the negative impacts associated with pervasive gambling is a legitimate government interest. Reducing the number of video gambling machines constituting casino as defined by the Bozeman Zoning Ordinance rationally relates to controlling the impacts generated by gambling. Therefore the subject amendment would promote health and general welfare. Bozeman City -County Planning Board Page 4 Casino Definition Staff Report January 22, 1997 4. Will the new regulation secure safety from fire, panic and other dangers? The regulatory provisions established in the Bozeman Zoning Ordinance, in conjunction with provisions for adequate transportation facilities (interior subdivision roads, primary access and secondary/emergency access) should adequately address these concerns. Local emergency service agencies (fire, police and ambulance), Bozeman Development Review Committee, Planning Board and City Commission will have the opportunity to comment on any development proposal of property during site plan review. 5. Will the new regulation provide adequate light and air? The regulatory standards set forth in the Bozeman Zoning Ordinance would provide the necessary provisions (i.e., yard setbacks, lot coverage, open space and building heights) which are intended to provide for adequate light and air for a proposed development. 6. Will the new regulation prevent the overcrowding of land? The "minimum yards" requirements set forth in the Bozeman Zoning Ordinance are designed to prevent the overcrowding of land. 7. Will the new regulation avoid the undue concentration of population? The Bozeman Zoning Ordinance would provide for a concentration of population that is appropriate for commercial activities in industrial and manufacturing zones. 8. Will the new regulation facilitate adequate provision of transportation, water, sewer, schools, parks, police and other public requirements? The proposed draft amendment will not in itself assure adequate provisions for public facilities until a proposal for site plan review to develop a property as a casino is submitted. An assessment of the impacts to the infrastructure, public services, and other community requirements cannot be accurately determined until such time the intensity of the land use is determined and impacts calculated. Consequently, during site plan review, local agencies, Development Review Committee, Planning Board, and City Commission will have the opportunity to assure that adequate provisions for such facilities have been provided for. Bozeman City -County Planning Board Page 6 Casino Definition Staff Report January 22, 1997 9. Does the new regulation give consideration to the particular suitability of the property for particular uses? (and) 10. Does the new regulation give reasonable consideration to the character of the district? The particular suitability and consideration to the character of a district of a specific development shall be determined at time of application for rezoning and for site plan review. 11. Will the new regulation be adopted with a view to conserving the value of buildings? No particular buildings can be contemplated when considering adopting the proposed tent amendment. Impacts on the value of existing structures and/or historical buildings will be assessed at the time of application for development. 12. Will the new regulation encourage the most appropriate use of land throughout the county or municipal area? The 1990 Bozeman Area Master Plan Update and the Bozeman Zoning Ordinance encourage the most appropriate uses of land throughout the municipal area. CONCLUSION / RECOMMENDATION Based on the findings stated above, Staff has determined that the City Commission may find it is in the public interest to reduce the number of video gambling machines constituting a casino, as defined in §18.04.350 of the Bozeman Zoning Ordinance. As such the proposed amendment to reduce the number of video gambling machines which qualifies a business as a "casino" would be in general accordance with the goals, objectives, and policies of the 1990 Bozeman Area Master Plan Update, would generally protect the public health, safety, and welfare, and be in keeping with intent, purpose, and spirit of the Zoning Ordinance as a whole. NOTE: A FINAL DECISION ON THE CASINO DEFINITION IS SCHEDULED TO BE MADE ON FEBRUARY 17, 1997, IN CONJUNCTION WITH A FINAL DECISION ON THE CASINO OVERLAY ZONE AMENDMENT. Attachment: Local Government Distribution List Bozeman City -County Planning Board Page 6 ORDINANCE NO. 1439 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NOS. 1424 AND 1434, WHICH ORDINANCES ARE NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 18.04.350, 18.28.020, 18.30.020 AND 18.32.020; PROVIDING FOR REVISIONS TO THE DEFINITION OF "CASINO"; REMOVING CASINOS AS CONDITIONAL USES IN THE "B-1 ", "B-2" AND "B-3" ZONING DISTRICTS; AND BY ADDING A CHAPTER TO BE NUMBERED 18.45, PROVIDING FOR CREATION OF CASINO OVERLAY DISTRICTS. BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that Section 1 That Section 18.04.350 of the Bozeman Municipal Code be amended so that such section shall read as follows: " 18.04.350 Casino. A. "Casino" means an establishment whose primary use or activity is gambling, either in the form of gambling machines (video poker, keno, etc.), card games, or other licensed gambling activity. A casino will normally have beverage and restaurant facilities as ancillary uses. In all instances, an establishment will be considered a casino for the purpose of these regulations if any of the following characteristics apply: 1 . The establishment is referenced as a casino by signage or by name; 2. More than one card table is on. the premises; 3. Fifteen or, more gambling machines are on the premises i3; Ar} ftzr a .casino estabshment must obtain a Montana stag license to sel[ a. 0: 3c euerages for consumption on t(e prerntses Section 2 That Section 18.28.020 of the Bozeman Municipal Code be amended so that such section shall read as follows. "18.28.020 Permitted uses. A. Principal activities shall be limited to those which are completely enclosed within a building not larger than five thousand square feet in gross floor area. Accessory activities such as play areas associated with day care centers and patio dining areas for restaurants shall be permitted outdoors subject to approval by the appropriate reviewing authority. B. Permitted uses in the B-1 district are as follows: 1. Principal Uses. Day care centers Apartments located on the second or subsequent floors Essential services (Type 1) Food stores, such as grocery stores, bakeries, etc. Personal and convenience services Restaurants (exclusive of drive-ins) Retail uses 2. Conditional Uses. Automobile service stations Churches Essential services (Type II) Professional and business offices Restaurants serving alcoholic beverages Any use'e'p'r✓iS5 approved as part of a planned unit development subject to the provisions of Chapter 18.54 3. Accessory Uses. Fences Signs, subject to Chapter 18.65 Refuse containers Other buildings and structures typically accessory to permitted uses Temporary building and yards incidental to construction work Parking areas as required by Chapter 18.50." Section 3 That Section 18.30.020 of the Bozeman Municipal Code be amended so that such section shall read as follows. "18.30.020 Permitted uses. Permitted uses in the B-2 district are as follows: A. Principal Uses. Ambulance service Antique shop and store Apparel and accessory store Art gallery Art supply stores Audio-visual equipment sales and rental Automobile parking lot or garage (public or private) Automobile or boat sales and/or rental service Auto supply store Bakery for on -site sales, less than four thousand square feet Banks and other financial institutions Barbershop Beauty parlor Bicycle sales, service and repair shop Book and stationery store Bowling alleys Bus terminals Business and office machine sales, service and repair shop Candy and ice cream store Churches Cigar and tobacco store Clothing and costume sales and rental shop Community center or meeting hall Convenience food restaurant -2- Convenience uses Custom dressmaking, furrier, millinery or tailor shop employing five persons or less Dancing or theatrical studio Delicatessen and catering establishment Department store Drugstores Dry goods and notion store Dry cleaning and laundry establishment, for drop off/pick upservice Apartments located on the second or subsequent floors Essential services (Type 1) Equipment sales and service Florist Frozen food storage and locker rental Furniture store Game rooms, poolhalls Garden supply store, indoor sales only Gift shop Grocery store (including retail markets and produce store) Hardware store, no exterior storage Health and exercise center Hobby and coin shop Hotel or motel Hunting and finishing supply store Interior decorator's shop Jewelry and metal craft store Laundromat, self-service Leather goods and luggage store Liquor store Lock and key shop Mail order catalog store Medical, dental or health clinic Medical and orthopedic appliance store Messenger or telegraph service station Mortuary Museum Music and instrument sales, service and repair shop Music or dance studio Newspaper office Newsstand Nursery, plant Offices (as defined in this title) Office supply and office equipment store Optician Package liquor store, including drive-in Paint and wallpaper store Pawn shop Personal and convenience services Pet shop Pet grooming shop Photographic equipment and supply store Photographic studio Picture frame shop Private club, fraternity, sorority or lodge Public buildings Radio or television sales, with/without service and repair Radio and television studio, without transmission towers Research laboratories Restaurants Secondhand stores Sewing machine store Shoe store Shoe repair and shoeshine shop Sporting and athletic goods store Tailor shop, less than five employees Theater, excluding drive-in theater Toy store -3- Travel agency Upholstery shops (excluding on -site upholstery service for cars, boats, trailers, trucks, and other motorized vehicles requiring overnight storage) Variety store Wallpaper store Watch repair shop Wholesale establishments that use samples, but do not stock on premises B. Conditional Uses. Amusement and recreational activities Automobile repair facilities Automobile service stations Automobile washing establishment, drive -through Automobile washing establishment, self-service Bar (tavern, cocktail lounge) Bowling alley Building materials sales Business, technical or vocational school Gasine Community residential facilities Convenience food store with gas pumps Day care center Essential services (Type ll) Hospitals Mortuaries Recreational vehicle sales and/or rental Restaurants serving alcoholic beverages Retail uses in addition to those principle uses listed Tennis and racquet clubs Veterinary clinics Video arcades Wholesale distributors with on -premise retail outlets, providing warehousing is limited to commodities which are sold on the premises .............................................. Any use,;;;e;xc:e.p;.,rn;Qs approved as part of a planned unit development ............:............................::................................................ subject to the provisions of Chapter 18.54 C. Accessory Uses. Fences Signs, as per Chapter 18.65 Refuse containers Other buildings and structures typically accessory to permitted uses Temporary buildings and yards incidental to construction work." Section 4 That Section 18,32.020 of the Bozeman Municipal Code be amended so that such section shall read as follows. "18.32.020 Permitted uses. Permitted uses in the B-3 district are as follows: A. Principal uses. Ambulance services Antique shop and store Apartments, except on ground floor in "core area" as described above Apparel and accessory store Appliance sales, services Art galleries Art supply stores Audio-visual equipment sales and rental Automobile parking lot or garage (public or private) Auto supply store Bakery for on -site sales, less than four thousand square feet Banks and other financial institutions Barbershop Beauty parlor Bicycle sales, service and repair shop Book and stationery store Business and office machine sales, service and repair shop Butcher shops (retail sales only) Candy and ice cream store Churches, except on the ground floor in "core area" as described in Section 18.82.010(B) Cigar and tobacco store Clothing and costume sales and rental shop Community center or meeting hall Convenience food store Custom dressmaking, furrier, millinery or tailor shop employing five persons or less Dancing or theatrical studio Delicatessen and catering establishment Department store Dry goods and notion store Dry cleaning and laundry establishment, for drop off/pick up service Essential services (Type 1) plus police and fire stations Florist Furniture store Game rooms, pool halls Gift shop Grocery store (including retail markets and produce store) Handicraft manufacturing, primarily for on -site retail sales Hardware store, no exterior storage Health and exercise center Hobby and coin shop Hotel or motel Hunting and fishing supply store Interior decorator's shop Jewelry and metal craft store Laboratories, research and diagnostic, except on ground floor in core area as described in Section 18.32.010 Laundromat, self service Laundry, dry cleaning Leather goods and luggage store Libraries Liquor store Lock and key shop Mail order catalog store Medical, dental or health clinic, except on ground floor in core area as described in Section 18.32.010(B) Medical and orthopedic appliance store Messenger or telegraph service station Museum Music and instrument sales, service and repair shop Music or dance studio Newspaper studio Newsstand Offices, public or private, except on ground floor in core area as described in Section 18.32.010(B) Optician Package liquor store Paint and wallpaper store Parking lots, except on ground level in core area as described above Pawnshop Pet shop Pet grooming shop Pharmacies Photographic equipment and supply store Photographic studio Picture frame shop Printing offices and publishing establishments Private club, fraternity, sorority or lodge Private schools, such as dance, business, secretarial and technical, but not private or public preschool, elementary or secondary schools, and not on ground floor in core area as described in Section 18.32.010(B) Public buildings Radio or television sales, with/without service and repair Radio and television studio, without transmission towers except on ground floor within the core area as described in Section 18.32.010(B) Repair services for clothes, dolls, small appliances, watches, glasses and such other items Restaurants Secondhand stores Sewing machine store Shoe store Shoe repair and shoe shine shop Sporting and athletic goods store Tailor shop, less than five employees Theater, excluding drive-in theater Toy store Travel agency Upholstery shops, excluding on -site upholstering services of cars, boats, trucks and other heavy equipment Variety store Wallpaper store Watch repair shop Wholesale establishments that use samples, but do not stock on premises B. Conditional Uses. Automobile body shops Automobile service stations Automobile upholstery shops Bakeries, other than as listed as principal uses in subsection A of this section Bar (tavern, cocktail lounge) Bowling alley Building materials sales Bus terminal Business, technical and vocation school Carwashes, hand operated Gas+ne Civic centers Convenience food restaurant Convenience food store with gas pumps Day care homes and centers Essential services (Type II) Hospitals Mortuaries Muffler sales and service shops Offices, on ground floor within the core area as described in Section 18.32.010(B) Restaurants serving alcoholic beverages Retail uses in addition to those principal uses listed in subsection A of this section Sign paint shops (not including neon sign fabrication) Video arcades Any use, except csEnos approved as part of a planned unit development subject to the provisions of Chapter 18.54 C. Accessory Uses. Signs, as per Chapter 18.65 Refuse containers Other buildings and structures typically accessory to permitted uses Temporary buildings and yards incidental to construction work." Section 5 That the Bozeman Municipal Code be amended by adding Chapter 18.45, so that such chapter shall read as follows: ........................................ ,tc ...ter>< 8 5 Aas100 Aver a:Y ©istrcc AppltC too... �r�i0 des 0 too b s a<::cas�n:a..cn:ust:.rr3ak ..a' licetoo:m> 66, e'ct or < 1$:<5: X.xt A:n:.;>;:::erso:n::wsh.�n: ta..:.esta...:$h:.......:.............._:..............:.:...........p:::::..:.:::::.::..::P..::.::::..:.:::::.::::::..•..::::::.::::..: ..P.....9..:........::.:..................................................................................... # en ertits r7d Re v€ n hiangesh::fA: a rev T.:SU40, ... .............. ........ Perrr�rtted uses ire the Casirz Qverta�r District are as failows ..... ..... <«€ r p{; 8 Conditional :uses ................................................................. ................................................................. ................................................................. -7- $SrYfl6b`''Lot area an;d width There shall beano rnrnimurr� iot area, hpwever r b:3ot width shall iae Less than onle Eldred feet aril the (ot area shall be suffii✓ient to: provide atl;required yard areas and off street ,parking: . .a.r:€:<a: :::ccppud:b...o::;.bfe:rnalacu:..d accessary buildings: i»uery Tot within a. Cann: Qverfay lstrJet slatl have:the folf ©:nrangmfcfrn:u<<Ya ads: >�< >.> 6 e.et Rear;`>ar::d«............. fe' ': ':' <>>< <Yards::» :<:»::> :;;::;>;;::»:;feet:> '`.;,,,',"':,.:,:':' >: ; echs�;.::;.>:. {N;ote All yards shall be s;ubfect to it prov�;sians :of Section 18 4 �60 ;rtd 5aet�or� "l 5{ 1:}6f?t'Q); .............................................. . Maximum burlciErg heights;a Cas:no Overlay �tstrrct shaif ire thirtytght`feet f bfd�ngs with roef:pitches of 3 12 ar greater an:d thirty tw© feet for brldmgs :with flat rQfs>pr W. th ra.cs pEtches t�.f less; :'an..$ Repealer. Section 6 All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 7 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. Section 8 Savings Provision. This ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred or proceedings that begun before the effective date of this ordinance. Section 9 Effective Date. This ordinance shall be in full force and effect on April 20, 1997. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 3rd day of March 1997. -9, Z .Azz� DON E. STUECK, Mayor ATTEST: o C>/ 0 ROBIN L. SULLIVAN Clerk of the Commission PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session thereof held on the 17th day of March 1997. ATTEST: 9� I & Y,.;; � �- ROBIN L. SULLIVAN Clerk of the Commission DON E. STUECK, Mayor APPROVED AS TO FORM: PAUL J: LUWE City Attorney �1'