HomeMy WebLinkAboutOrdinance 81- 1089 Amends §§ 18.72.080 and 18.72.090, zoning
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ORDINANCE NO. 1089
AN ORDINANCE OF THE CITY COMrUSSION OF THE CITY OF BOZE~1AN,
MONTANA, AMENDING SECTIONS 18.72.080 AND 18.72.090 PROVIDING
FOR AMENDMENTS, MODIFICATIONS AND LIMITATIONS FOR CONDITIONAL
USE PERMITS IN THE CITY OF BOZEMAN, MONTANA.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: I
SECTION 1
That Section 18.72.080 of the Bozeman Municipal Code be and the same is hereby
amended to read as follows:
13.72.080 AMENDMENT OR MODIFICATIONS TOCO~DITIONAL USE PERMITS
Modifications requested by the holder of an approved conditional use
permit may be granted when it can be determined that such changes or
modifications are necessary to accolTlJl1odate special circumstances
related to the location, siting, or implementations of the approved
site plan and conditions and where such modifications are found to be
so inSignificant and minor so as not to drastically alter the approved
site plan or intent of the conditions. The applicant shall state in
writing the need for or purpose of the proposed modifications.
The applicant may request in writing that the approved conditional use
permit be modified by adding to the number or enlarging the structure,
enlarging the area of use or changing the use to a different permitted
use in the underlying zoning district. The modification may be approved
when the modification will not significantly alter the intent of the
approved conditions and the neighborhood character.
Upon review and approval by the Building Inspector and Planning Director,
such modifications may be authorized. Such modifications shall be
fully documented, recorded, and copies of same shall be retained in the
appropriate files of both the Building Inspector and Planning Director.
Documentation shall be in the form of a revised final site plan verified
and signed by the Planning Director and the issuance of a revised I
conditional use permit.
Denial of the modification request either by the Building Official or the
Planning Director shall be rescinded by action of the City Commission
following review of the request as a new conditional use permit application
as required in this chapter.
SECTION 2
That Section 18.72.090 of the Bozeman Municipal Code be and the same is hereby
amended to read as follows:
18.72.090 FAILURE TO UTILIZE CONDITIONAL USt PERMITS
Any approved conditional use permit shall be conditioned upon the privileges
-granted being utilized as follows:
a. Within six (6) months after the City Commission has approved or
conditionally approved the conditional use permit application,
the applicant shall have submitted to and acquired from the
Planning Director a verified and approved final site plan and
conditional use permit; and
b. Within eighteen (18) months after approval of the final site plan
and issuance of the conditional use permit, the applicant shall
have completed the project per the information found on the approved
final site plan and conditions attached thereto. The eighteen (18)
month completion time period shall not apply to those projects whose
conditions include a specific, phased schedule of construction I
extending beyond the eighteen (18) month time period.
Failure to utilize the conditional use permit privileges within either the
six (6) month or the eighteen (18) month time periods noted above will
automatically void the saMe. The property covered by an approved conditional
use permit shall not be used for any purpose other than that authorized by
the permit unless modified as provided in Section 18.72.080.
ORDINANCE NO. 1089
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SECTION 3
This ordinance shall be in full force and effect from and after thirty
(30) days after its adoption.
PASSED, ADOPTED AND APPROVED BY THE CITY COMMISISON OF THE CITY OF BOZEMAN,
I MONTANA, THIS 30th DAY OF December 1981.
t1AYOR
ATTEST:
Clerk of the City Commission
State of Montana )
County of Gallatin)
City of Bozeman )
I, Robin L. Sullivan, Clerk of the City Commission of the City of Bozeman, Montana,
do hereby certify that the foregoing Ordinance No. 1089, was published "by title and number
in the Bozeman Daily ChronicleJa newspaper of general circulation published in said City
of Bozeman in the issue dated the 8th day of January 1982.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my
I office this 5th day of April 1982.
MAYOR
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ORDINANCE NO. 1089