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HomeMy WebLinkAboutOrdinance No. O13-01 ORDINANCE NO. 013-01 AN ORDINANCE AMENDING CHAPTER 16.6 OF THE LAUREL MUNICIPAL CODE TITLED "SUBDIVISIONS FOR RENT OR LEASE" AND TO ADOPT A NEW CHAPTER 18 TITLED "BUILDINGS FOR LEASE OR RENT REVIEW PROCESS," AND TO RENUMBER AND RE- CODIFY CHAPTER 18 AS CHAPTER 20, ALL LOCATED IN THE LAUREL MUNICIPAL CODE. WHEREAS, the City Council desires to keep the Laurel Municipal Code current by modifying and updating chapters, sections and subsections to remain in accordance with Montana law; and WHEREAS, the Montana Legislature revised its subdivision laws during the last session requiring local jurisdictions to similarly revise their subdivision ordinances in order to remain in accord with Montana law; and WHEREAS, the City Council has determined that adopting the proposed amendments to Chapter 16.6, adoption of the new Chapter 18, and re- codifying and renumbering the existing Chapter 18 as Chapter 20 is all in the best interest of the City of Laurel. IT IS HEREBY ORDAINED by the City Council for the City of Laurel, Montana, that Chapter 16.6, the Newly Proposed Chapter 18, and the existing Chapter 18 are hereby amended, adopted and renumbered as follows: 16.6.. ! . e ' 9..• e ' _ _ •- DEVELOPMENTS PROVIDING MULTIPLE SPACES FOR RENT OR LEASE FOR RECREATIONAL VEHICLES AND MOBILES HOMES/MANUFACTURED HOMES 16.6.1 General. A. Purpose. A development providing multiple spaces for rent or lease for Recreational Vehicles (RVs) and Mobile or Manufactured Homes is created when any portion of a parcel is rented or leased for the purposes of situating a temporary or permanent RV, mobile, or manufactured home for residential or commercial structure owned by the renter or lessee. The rented/leased land is owned as one parcel under single ownership, which can include a number of persons owning the property in common. These developments are commonly known as mobile /manufactured home parks and recreational vehicle parks. - . _ _ ,., _ .. • : , 1, - . . _. _ .._ _ .._ • ._ • • • . • ..... , __ ... - 1 B. Review and approval required. Subdivisions for rent or lease are exempt from surveying and filing requirements of the Montana Subdivision and Platting Act (MSPA), but Mobile/ Manufactured home parks and RV parks must be submitted for review by the Planning Board and approval by AGB before portions thereof may be rented or leased (MCA §76 -3 -208). Approval is based on the criteria found in Chapter 16.3 of these Regulations with the addition that the preliminary and final plans for Subdivisions for rent or lease shall show the following: 1. A layout of all spaces proposed for rent or lease. 2. Location of common areas and facilities. 3. Parks and/or recreation areas. 4. Landscaping plan if required by these Regulations. 5. In lieu of a fmal plat, subdivider shall submit an unsurveyed fmal plan drawn to scale. C. Zoning requirements. Suba' ,,ions o. re of4ease-Mobile /manufactured home parks and RV parks, within the Laurel zoning jurisdiction must comply with such zoning. 16.6.2 Mobile/Manufactured Home and RV Park Development Requirements. a. Manufactured home spaces. 1. The number of allowed spaces is limited to what is approved on the final plan. 2. Manufactured home spaces must be arranged to permit the safe and practical placement and removal of manufactured homes. 3. All manufactured homes must be located a minimum of twenty (20) feet from all perimeter boundary lines. 4. The manufactured home pad must be located at least ten (10) feet from the street that serves it. 2 5. Location of space limits on the ground must be approximately the same as those shown on the approved plans. Precise surveying of space limits is not required either on the plans or on the ground. 6. The size of the manufactured home pad must be suitable for the general market to be served and must fit the dimensions of manufactured homes anticipated. At a minimum the pad should measure fourteen (14) feet wide and seventy (70) feet long. All pads shall be constructed of at least six (6) inches of gravel over a stabilized sub -base. 7. A minimum of two (2) off - street parking spaces (an area minimum of 10X20 feet in size) must be provided on or adjacent to each manufactured home space. The driveway must be located to allow for convenient access to the manufactured home, and be a minimum of ten (10) feet wide. 8. One guest parking space must be provided for each ten (10) manufactured home spaces. Group parking may be provided. B. Streets. 1. All streets within a manufactured home or recreational vehicle park shall be private. 2. Private streets shall be designed to provide access to all sites. No site shall have vehicular access to a public street. The streets shall be laid out to discourage through traffic and intersections with public streets shall be kept to a minimum. 3. Streets shall be designed and built to meet current County standards following the requirements as found in Chapter 4 of these Regulations. 4. Curvilinear streets shall have no centerline curve with less than a one hundred (100) foot radius. At intersections the inside edge of the paved street shall have a minimum of a twenty (20) foot radius. 5. All streets shall intersect at an angle of ninety (90) degrees except where the subdivider can show just cause not to and with the approval of the Board of County Commissioners. 6. The layout near street intersections shall be such that a clear vision area is maintained. Stopping sight distance on curves shall be as required on subdivision streets. 7. All traffic- control devices used shall comply with the current edition of the Manual on Uniform Traffic Control Devices. 3 C. Fire protection. 1. All manufactured home parks shall be located within a local fire district or fire service area. 2. The manufactured home park shall provide an adequate water supply for fire suppression needs, following the requirements as found in Section 4.14 of these Regulations. The means for fire protection shall be subject to approval by the local fire district and the governing body. D. Health standards /license requirement. In addition to the criteria of this Section, manufactured home parks must also meet the minimum standards of the Montana Department of Public Health and Human Services (MDPHHS) under Title 50, Chapter 52, MCA and the requirements of the Montana Department of Environmental Quality (MDEQ) under Title 50, Chapter 60, MCA. The Board of County Commissioners shall not grant final approval of a manufactured home and /or recreational vehicle park until the subdivider first obtains the applicable licenses and approvals for the facility from MDPHHS and MDEQ. E. Additional provisions. 1. Manufactured home parks shall meet the parkland dedication requirements as outlined in Chapterl0 of these Regulations. 2. Manufactured home parks located adjacent to industrial, commercial, or lower- density residential land uses shall provide screening such as fences or natural growth along the property boundary lines separating the community from such adjacent uses. 3. All manufactured home parks shall have a sign near the main entrance showing the park layout. 4. Centralized mail delivery shall be provided at one or more location within the park. Location and design of such group mail collection site(s) shall be reviewed and approved by the United States Postal Service. 5. It shall be unlawful to operate a manufactured home park without holding a valid license issued by the Montana State Department of Environmental Quality, to be renewed annually. 4 NEW CHAPTER 18: 18.2.1 Purpose. The following regulations are intended to provide a process for the acceptance and review of applications for creation of buildings for lease or rent in the Laurel/Yellowstone County joint Zoning Jurisdiction. The lease or rent of buildings on a tract of record may directly impact the property and its surroundings with regard to vehicular access, public health, safety, and general welfare, the provision of public services and utilities, and the physical environment. These regulations are adopted for the purpose of considering and mitigating potential impacts resulting from buildings proposed for rent or lease on a single tract of record, ensuring protection of the public's health, safety and general welfare. 18.2.2 Authority & Administration A. These regulations are adopted under the authority of Section 76 -3 -501, MCA. B. The City Planner shall administer these regulations, including the review of any applications submitted, preparation of a recommendation of approval, conditional approval, or denial of the application to the appropriate Board for its consideration. C. The appropriate Board shall approve, conditionally approve, or deny the application for the creation of buildings for lease or rent pursuant to these regulations. 18.2.3 Applicability A. These regulations apply to all lands within, the Laurel/Yellowstone County Joint Zoning Jurisdiction. B. In their interpretation and application, the provisions of this chapter may be regarded as the minimum requirements for the protection of the public health, safety, and welfare. C. This resolution is not intended to abrogate or annul any building permit, certificate of occupancy, variance, or other lawful permit issued before the effective date of this resolution. 18.2.4 Definitions A. Administrator- The individual designated by the governing body to carry out the terms of these regulations. B. Applicant- The owner, or designated representative, of land for which an application for the creation of a building for lease or rent has been submitted. C. Building- As defined in Title 76, MCA, a structure or a unit of a structure with a roof supported by columns or walls for the permanent or temporary housing or enclosure of persons or property or for the operation of business. Except as provided in 76 -3- 103 (15) the term includes a recreational camping vehicle, mobile home, or cell tower. The term does not include a condominium or townhome. D. Department - As defined in Title 76, MCA, the department of environmental quality provided for in 2 -15 -3501. E. Governing body- As defined in Title 76, MCA, the legislative authority for a city, town, county, or consolidated city - county government. 5 F. Landowner- As defined in Title 76, MCA, an owner of legal or equitable interest in real property. The term includes an heir, successor, or assjgnee of the ownership interest. G. Local reviewing authority- As defined in Title 76, MCA, a local department or board of health that is approved to conduct reviews under Title 76, chapter 4. H. Supermajority- As defined in Title 76, MCA, a unanimous affirmative vote of the present and voting county commissioners in counties with three county commissioners. I. Tract - As defined in Title 76, MCA, and individual parcel of land that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office. 18.2.5 Review Requirements for Buildings for Lease or Rent A. The following buildings created for lease or rent that are not or will not be served by water or wastewater are exempt of these regulations when: a.The building is in conformance with applicable zoning regulations; b. The building is one of three or fewer buildings for lease or rent that were in existence or under construction on the tract of record before September 1, 2013; c.The building is a facility as defined in 15 -65 -101 that is subject to the lodging facility use tax under Title 15, Chapter 65, except for recreational camping vehicles or mobile home parks; or d. The building is for farming or agricultural purposes. B. The following buildings created for lease or rent, that are or will be served by water and wastewater facilities, must comply with the provisions of subsection (C) but are exempt from all other provisions of these regulations when: i. The building is in conformance with applicable zoning regulations; ii. The building is one of three or fewer buildings for lease or rent that were in existence or under construction on the tract of record before September 1,2013; iii. The building is a facility as defined in 15 -65 -101 that is subject to the lodging facility use tax under Title 15, Chapter 65, except for recreational camping vehicles or mobile home parks; iv. The building is for farming or agricultural purposes; or v. The landowner records a notarized declaration with the Yellowstone County Clerk and Recorder stating that the proposed building will not be leased or rented. The declaration runs with the land and is binding on the landowner and all subsequent landowners and successors in interest to the property, and can only be revoked by review and approval by the governing body under these Regulations. The declaration must include: a.The name and address of the landowner; b.A legal description of the tract upon which the proposed building will be located; and c.A specific description of the building on the tract of record. C. The first three (3) or fewer buildings for lease or rent proposed on a single tract of record and not otherwise exempt under subsections (A) or (B), require review and 6 approval by the department or local reviewing authority for sanitation review is required by Title 76, Chapter 4, MCA, or to the local board or department of health if review is required by Title 50, MCA. If the department, local reviewing authority, or local board or department of health approves the conditions associated with the approval of the application with the Yellowstone County Clerk and Recorder D. All other Buildings for lease or rent on a single tract of record require review and approval by the governing body, pursuant to the provisions of Section 6. 18.2.6 Application for Creation of Buildines for Lease or Rent A. Application Submittal Requirements i. An application for the creation of buildings for rent or lease shall be submitted to the administrator designated by the governing body, and accompanied by the payment of any fees established for the review of same. ii. The application shall include: a. A copy of the deed or other legal description of the real property; b. Signature of the landowner of the land for which the application is being made; c. Evidence of legal access to the subject property; d. A site plan showing: I. North arrow and scale bar; II. Property boundaries; III. Existing and proposed onsite and adjacent offsite streets, roads, and easements that will serve the proposal; IV. Existing and proposed access to the subject property; V. Pertinent geographic features of the subject property, such as significant topographical features, areas with slopes greater than 25 %, and designated flood plain; VI. Location of existing and proposed private or public utilities serving the subject property. VII. The location of existing and proposed buildings or structures on the subject property. e.A description of existing and proposed buildings and their location on the subject property, including the uses proposed for each and the approximate floor area and ground coverage of each building; f. A description of the proposed water, wastewater, storm water, and solid waste disposal facilities intended to serve buildings for lease or rent; g. A description of the emergency medical, fire, and law enforcement services proposed to serve the buildings for lease or rent; h. A description of any existing or proposed on -site land uses that may create a nuisance to human population in the area such as unpleasant odors, unusual or loud noises, dust or smoke. B. Review Standards for Buildings for Lease or Rent i. Buildings for lease or rent that are not or will not be served by water or wastewater, and that are not exempt under the provisions of Sections 5.A. or 5.C., above, shall provide the following: 7 a. Physical access to all proposed or existing buildings for lease or rent of a minimum unobstructed width of not less than 20 feet, constructed to adequately support a 40 -ton vehicle with an all- weather driving surface' b. A traffic impact study (TIS) prepared by a licensed engineer specializing in traffic applications for any buildings for lease or rent on a tract of record that will generate five hundred (500) or more vehicular trips per day, as referenced in the most current edition of the Trip Generation manual of the Institute of Transportation Engineers. The TIS shall contain the information specified in section 4.6.C.4.B. of the Yellowstone County Subdivision Regulations. ii. Buildings for lease or rent that are or will be served by water or wastewater, and that are not exempt under the provisions of Section 5.B. or 5.C., above shall provide the following: a.A physical access to all proposed or existing buildings for lease or rent of a minimum unobstructed width of not less than 20 feet, constructed to adequately support a 40 -ton vehicle with an all- weather driving surface: b. A traffic impact study (TIS) prepared by a licensed engineer specializing in traffic applications for any buildings for lease or rent on a tract of record that will generate five hundred or more vehicular trips per day, as referenced in the most current edition of the Trip Generation manual of the instate of Transportation Engineers. The TIS shall contain the information specified in Section 4.6.C.4.B of the Yellowstone County Subdivision Regulations; c.A reliable water source for fire- fighting needs; d. Evidence of availability of structure -rated fire protection services. C. Review Process i. Upon receipt of an application along with all applicable fees, the administrator shall within ten (10) working days, determine whether the application is complete and notify the applicant in writing. ii. If the application is incomplete, the administrator shall identify, in writing, any missing materials or insufficient information necessary to conduct the required review. iii. If the application is complete, the administrator shall complete review of the application, and the governing body shall approve, conditionally approve, or deny the application within sixty (60) working days. The timeframe may be extended upon mutual agreement, in writing, by the applicant and the governing body. Review and approval, conditional to this section must be based upon the regulations in effect at the time an application is determined to be complete. iv. The governing body may approve or conditionally approve the proposed buildings for lease or rent upon finding: a. The proposed buildings for lease or rent, as submitted or conditioned, comply with these regulations and avoid or minimize potential significant impacts on the physical environment and human population in the area affected by the buildings for lease or rent; 8 b. Adequate water, wastewater, and solid waste facilities are available to serve the buildings for rent or lease; c.Adequate access to the site is provided to serve the buildings for lease or rent; d. Adequate emergency medical, fire protection, and law enforcement services are available to serve the buildings for rent or lease; and e. The buildings for lease or rent comply with any applicable flood plain regulations. v. The governing body shall provide written notification to the landowner of the approval, conditional approval, or denial of the application within 60 working days after determining the application was complete. D. Appeal i. An applicant who is aggrieved by a final decision of the department or the local reviewing authority my request a hearing as provided in Section 76 -4 -126 (1), MCA. For purposes of this subsection, the contested case provisions of the Montana Administrative Procedure Act, Title 2, Chapter 4, Part 6, apply to the proceeding. ii. An applicant or landowner with a property boundary contiguous to the tract on which buildings for lease or rent are proposed to be located who is aggrieved by a decision of the governing body may, within 30 days of the date of the fmal decision of the governing body, appeal to the district court in the county in which the property involved is located. iii. For purposes of this section, "aggrieved" has the meaning provided in Section 76- 3 -625, MCA. 18.2.7 Enforcement and Penalties A. The administrator shall notify the landowner or any other responsible party of a violation of these regulations by certified mail and/ or posting on the subject property. The notice shall describe the violation, cite the section of these regulations being violated, and request the responsible party to voluntarily comply within 30 days. B. Any person who receives a notice of violation may, within 30 days allowed, request inspection by the administrator to show that compliance has been attained or appeal the notice of violation to the governing party. C. If after 30 days for voluntary compliance has lapsed, compliance has not been attained or an appeal has not been filed, the administrator shall request the County Attorney begin legal action against the landowner or any other responsible party. D. Upon request by the administrator, the County Attorney request of the governing body the authority to commence any actions and proceedings available in law or equity to prevent the creation of a building for lease or rent in violation of these regulations; restrain, correct, or abate a building for lease or rent in violation of these regulations; or prevent the occupancy of a building for lease or rent in violation of these regulations. RENUMBERED CHAPTER 18 TO CHAPTER 20: 9 Chapters: 4420.02 Laurel Urban Renewal Agency 4520.04 Laurel Urban Renewal Area Chapter 20.02 LAUREL URBAN RENEWAL AGENCY Sections: 4520.02.010 Creation and establishment of an urban renewal agency. 4520.02.020 Agency composition and term of offices. 4420.02.030 Commissioners. 4- 520.02.040 Advisory members. 4520.02.050 Operation. 4420.02.060 Agency authority and duties. 4520.02.070 Control of conflict of interest. 4520.02.010 Creation and establishment of an urban renewal agency. The city council hereby establishes and creates an advisory board to be known as the Laurel Urban Renewal Agency ( "agency ") in accordance with MCA § 7 -15 -4232. A board of commissioners ( "commissioners ") is created as provided herein and shall administer the Agency. The mayor shall appoint all commissioners with approval of the city council. (Ord. No. 009 -04, 4- 21 -09) 4520.02.020 Agency composition and term of offices. The board shall constitute five voting commissioners, all of whom must reside in the city limits. The initial voting membership shall consist of one member appointed for one year, one member for two years, one member for three years, and two members for four years. Each appointment thereafter shall be for four years. In addition to the five commissioners, the mayor, with approval of the city council, shall appoint four advisory members, as provided herein, who shall not vote but shall provide advice and counsel to the voting commissioners. (Ord. No. 009 -04, 4- 21 -09) 4420.02.020 Commissioners. 10 A. Each commissioner shall hold office until his /her successor is appointed and has qualified. B. A commissioner shall receive no compensation for his/her service but is entitled to authorized necessary expenses, including traveling expenses, incurred in the discharge of his/her duties. C. Any person may be appointed as a commissioner if he /she resides within the city limits. If possible, the preferred composition of the agency should include two residents of the district, two city resident business owners in the district, and one member city resident at large. D. A commissioner may be removed by the city council for inefficiency, neglect of duty, or misconduct in office. Misconduct in office is defined by MCA § 7 -15 -4240. E. A majority of the commissioners shall not hold any other public office under the city other than their membership or office with respect to the agency. F. The powers and responsibilities of the agency shall be exercised by the commissioners according to adopted bylaws approved by the city council. A majority of the commissioners shall constitute a quorum for the purpose of conducting business and exercising the powers and responsibilities of the agency and for all other purposes. Action may be taken by the agency upon a vote of a majority of the commissioners (three) unless the bylaws shall require a larger number. (Ord. No. 009 -04, 4- 21 -09) 1420.02.040 Advisory members. A. In addition to the five voting commissioners, the agency shall include a non - voting advisory membership of not more than four individuals. The initial membership shall consist of one member appointed for one year, one for two years, one for three years, and one for four years. Each appointment thereafter shall be for four years. Advisory members must possess a demonstrated interest in the district, specific expertise and/or other qualifications necessary to help the agency implement the renewal plan. 1. Each advisory member shall hold office until his/her successor has been appointed and has qualified. 2. An advisory member shall receive no compensation for his/her services but may be entitled to authorized necessary expenses, including traveling expenses, incurred in the discharge of his/her duties in the discretion of the mayor. 3. An advisory member may be removed by the city council for inefficiency, neglect of duty, or misconduct in office. Misconduct in office is defined by MCA § 7 -15 -4240. B. City staff shall perform the agency's administrative duties as assigned, until other funding becomes available from alternate sources to hire and pay for permanent staff; if requested by the Agency and approved by the city council. 11 (Ord. No. 009 -04, 4- 21 -09) 4420.02.050 Operation. The board shall operate in accordance with bylaws that are adopted by the city council. The board shall schedule its own meetings' dates and times for the convenience of its members and shall keep a record of its proceedings. All meetings are open to the public in accordance with Montana's Open Meeting Law, MCA § 2 -3 -201 et seq. All meeting dates and times shall be posted at city hall. A majority of the commissioners shall constitute a quorum for the transaction of business. (Ord. No. 009 -04, 4- 21 -09) 4- 820.02.060 Agency authority and duties. A. In accordance with MCA § 7 -15- 4232(2), the city council shall assign the agency the appropriate powers listed in MCA § 7 -15 -4233 by resolution. All powers not specifically assigned to the agency by the city council are specifically reserved to and for the city council. The agency shall act in an advisory capacity to the city council and shall exercise all assigned powers consistent with the previously approved Laurel Urban Renewal Plan. The city council may modify the Laurel Urban Renewal Plan in accordance with MCA § 7 -15 -4221. B. Annual report. On or before September 30 of each and every year, the agency shall provide the city council a written report of its activities for the preceding fiscal year. The report shall contain a complete financial statement setting forth all appropriate expenditures, income, assets, liabilities and operating expenses. At the time of filing the report, the agency shall publish notice, in a newspaper of general circulation, that the report has been filed with the city council and is available for inspection at the office of the city clerk/treasurer during business hours and if applicable, the agency's office. C. Annual work program and budget. The agency shall also prepare an annual work program (AWP) and proposed budget that provides a list of planned activities for the fiscal year along with the estimated costs of the planned activities. The AWP must also contain the proposed methods of financing the planned activities. The Agency shall provide public notice in a newspaper of general circulation and conduct a public hearing prior to the submittal of the AWP to the city council. The AWP and budget may be amended during the course of the city's fiscal year, in light of funding and program changes. All budgets and revised budgets shall be reviewed and approved by the city council as required by Montana Law. (Ord. No. 009 -04, 4- 21 -09) 4- 820.02.070 Control of conflict of interest. A. In accordance with MCA § 7 -15 -4239, the agency and city shall comply with the following: 12 1. A public official, city employee or employee of the agency or officers of the city that have been vested with urban renewal project powers and responsibilities by city council resolution may not voluntarily acquire any interest, direct or indirect, in any urban renewal project, in any property included or planned to be included in any urban renewal project of the city, or in any contract or proposed contract in connection with an urban renewal project. 2. When an acquisition is not voluntary, the interest acquired must be immediately disclosed in writing to the city council and the disclosure entered upon the minutes of the city council. B. If a city official or department head owns or controls or has previously owned or controlled within two years prior to the date of hearing on the urban renewal project any interest, direct or indirect, in any property that the person knows is included in an urban renewal project, the person shall immediately disclose this fact in writing to the city council. The disclosure shall be entered upon the minutes of the city council. A city official or department head may not participate in any action on that particular project by either the agency or the city council who possesses urban renewal project powers under MCA § 7 -15 -4233. (Ord. No. 009 -04, 4- 21 -09) Chapter 4-820.04 LAUREL URBAN RENEWAL AREA Sections: 4-820.04.010 Findings. 4- 820.04.020 Plan adoption. 4- 820.04.030 Existence of blight. 4- 820.04.040 Effective date. 4- 820.04.010 Findings. The city council hereby declares the property located within the renewal area, as described in attachments A and B, have deficiencies regarding public infrastructure and facilities. (Ord. No. 009 -04, 4- 21 -09) Editor's note: Attachments A and B are on file and available for inspection in the office of the city clerk. 4- 820.04.020 Plan adoption. 13 The city council hereby adopts the Laurel Urban Renewal Plan and included in such plan is a provision for tax increment financing in accordance with title 7 chapter 15 parts 42 and 43 of the Montana Code Annotated. The Laurel Urban Renewal Plan is available at the city clerk/treasurer's office during business hours. (Ord. No. 009 -04, 4- 21 -09) 1- 20.04.030 Existence ofblight. The city council hereby finds the following conditions of blight exist in the urban renewal district as defined in MCA § 7 -15 -4206: A. "Blighted area" means an area that is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; substantially impairs or arrests the sound growth of the city or its environs; retards the provision of housing accommodations; or constitutes an economic or social liability or is detrimental or constitutes a menace to the public health, safety, welfare, and morals in its present condition and use, by reason of 1. The substantial physical dilapidation; deterioration; defective construction, material, and arrangement; or age obsolescence of buildings or improvements, whether residential or nonresidential." (a) Flooding. Portions of the district experience flooding during certain rain events causing unsafe conditions. The current capacity or lack of capacity of the storm drain system results in unsafe and unsanitary conditions, therefore are a menace to public health and safety. 2. Inadequate provision for ventilation, light, proper sanitary facilities, or open spaces as determined by competent appraisers on the basis of an examination of the building standards of the municipality; (a) Lack of green space. There is a decided lack of green space available in the district to be enjoyed by the citizens of Laurel. Vacant areas have the potential to be rehabilitated as public green space. 3. Defective or inadequate street layout; (a) Street improvements. Certain intersections are in need of improvements due to the increased or projected increase in automobile and truck traffic. In addition, the street surfaces are in need of repair due to the inadequate drainage and amount of traffic utilizing the roadways. 4. Unsanitary or unsafe conditions; (a) Public safety. Certain areas do not have street lights, sidewalks, curbs, gutters, or sidewalks. The installation of these types of infrastructure is vital for the public safety. (Ord. No. 009 -04, 4- 21 -09) 14 4- 820.04.040 Effective date. This title shall become effective the 27th day of December, 2007. (Ord. No. 009 -04, 4- 21 -09) This Ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on August 6, 2013, by Council Member Nelson. PASSED and ADOPTED by the Laurel City Council on second reading this 20th day of August , 2013, upon motion of Council Member Eaton APPROVED BY THE MAYOR this 20th day of August , 2013. CITY O ' LAUREL K- nneth E. 01 Jr. Mayor ATTEST: / W vu Shirley Ewan, Clerk/Treasurer A oved to form: k 1 t_ .....,41 am . Painter, Civil City Attorney 15 MEMORANDUM TO: LAUREL CITY COUNCIL FROM: MONICA PLECKER, CITY PLANNER SUBJECT: BUILDINGS FOR RENT OR LEASE DATE: JULY 30, 2013 CC: HEIDI JENSEN Buildings for Lease or Rent (BLR) is resultant of Senate Bill 324. While the City must update the municipal code to reflect this bill, the City will remain unaffected as zoned properties are exempt from this review process. The draft regulations have been a joint effort between MACO, Yellowstone County, the City of Billings and the City of Laurel. I've included some facts below. QUICK FACTS • Buildings for lease or rent are not a part of subdivision review. The new regulations will be found in Chapter 18 of the Laurel Municipal Code. • BLR triggers changes in the existing subdivision regulations (LMC Chapter 16). These changes are proposed concurrently so that the new regulation will not contradict the new BLR regulations. • The City will remain unaffected by the implementation of SB 324 since all City property is zoned. Zoned property is exempt from BLR review. • The Laurel planning jurisdiction will be subject to these new regulations. Yellowstone County has given their blessing to these regulations. They are also be adopted simultaneously by the City of Billings and Yellowstone County. • Legislation becomes effective September 1, 2013. BLR 101 • "Building" is defined as a structure or unit of a structure with a roof supported by columns or walls for the permanent or temporary housing or enclosure of persons or property or for the operation of business. • The first three units are exempt before the new review process is triggered. • Buildings are reviewed differently depending on whether they are served by water or sewer. • The AGB has 60 working days to approve or deny the buildings for lease or rent. • Other exemptions occur for buildings used for agricultural purposes or when the facility is subject to lodging facility use tax. Buildings which will not be rented or leased along with a filed declaration are exempt. (Camping and mobile home parks are exceptions. They are still subject to subdivision review).