Loading...
HomeMy WebLinkAboutOrdinance 82- 1105 Amends prior code §§ 18.72.020, 18.72.110 and 18.96.030, zoning 222 ,# # ORDINANCE NO. 1105 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 18.72.020, 18.72.110 and 18.96.030 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR AN EXPANDED TIME FRAME FOR PUBLISHING NOTICES OF PUBLIC HEARINGS IN THE CITY OF BOZEMAN, MONTANA. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: I SECTION 1 That Section 18.72.020 of the Bozeman Municipal Code be, and the same is hereby amended to read as follows: 18.72.020 APPLICATION All applications for conditional uses, including all required supportive information, shall be filed with the Planning Department. Applications shall be accompanied with the appropriate filing fee as outlined in Section 18.72.120. Upon receipt of a Conditional Use application from the Planning Department, the Building Inspector shall give notice of the public hearings to be held before the Bozeman Zoning Commission and the City Commission. Said notice shall be pUblished at least once in the Bozeman Chronicle, the official newspaper of the City of Bozeman, not more than forty-five (45) days nor less than ten (10) days prior to the scheduled public hearings. Said notice shall further specify the number, date, time, and place for all the I public hearings. It shall specify the name and address of the applicant, the name and address of the owner of record of the property, and a legal description of the property affected, the street address or its location by approximate distances from the nearest major street or road intersections so that the property can be easily identified, and a brief statement of the nature of the hearing. Said notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties. In addition to such publ ication, the Building Inspector shall post -same notice of public hearing not more than forty-five (45) days nor less than ten (10) days prior to the public hearings on the site in question, as well as on one or more additional locations, visible to the general public, within the affected area as deemed appropriate by the Building Inspector. Said notice of public hearings shall also be made available to all newspapers, radio, and television stations serving the Jurisdiction for use as a public service announcement. Sa i d notice shall be sent by ma il, not more than forty-fi ve (45) days nor 1 ess than ten (10) days, to the applicant and owners of record (or their authorized representative) of the subject property as well as to the owners of record of all parcel s within 150 feet of the perimeter of the subject property. The width of the public roads, streets, alleys, and other I public ways shall be excluded in determining the properties located within one hundred fifty (150) feet of the project site. If for some reason, a required property owner fails to receive mail notification of a ORDINANCE NO. 1105 ... 223 .. scheduled pUblic hearing, or if one or more of the required posted signs in the area or on the site for which the public hearing is being held, is inadvertently removed through no fault of the City of 'Bozeman, this action shall in no way invalidate the legal notice requirements of the scheduled public hearing. I Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed development as determined by the Building Inspector or Planning Director. SECTION 2 That Section 18.72.110 of the Bozeman Municipal Code be, and the same is hereby amended to read as follows: 18.72.110 REVOCATION OF CONDITIONAL USE PERMITS Violations of any of the conditions or contents of a conditional use permit approval may subject said conditional use permit to review and possible revocation by the City Commission. Approval granted on the basis of false information shall be held invalid. In the event a conditional use permit has been violated, a revocation of such permit may be initiated by the Building Inspector or the City Commission. Any propOSition to revoke a conditional use permit on the grounds that the terms of the permit have been violated shall be referred to the Zoning Commission. The Zoning Commission shall offer the property owner and any interested party an I opportunity to be heard at a public meeting, duly advertised in accordartce with Section 18.72.010 at which time it shall consider a proposition for revocation of a conditional use permit. The Zoning Commission shall make its recommendation to the City Commission within forty-five (45) days after such proposed revocation is submitted to the Zoning Commission. Upon receipt of the report and recommendation of the Zoning Commission, the City Commission shall hold a public hearing on the proposed revocation. Said notice of public hearing shall be published at least once in the official newspaper of the City of Bozeman having general circulation within the area of zoning jurisdiction of the City of Bozeman, not more than forty-five (45) days nor less than ten (10) days prior to the pUblic hearing. Upon the conclusion of the hearinq, the City Commission may revoke the conditional use permit. The decision of the City Commission shall contain a finding of facts showinq wherein the applicant failed to fulfill the original requirements or conditions for use. A copy of the decision shall be filed with the City Clerk, the Planninq Director, the Director of Building Inspection and a copy shall be mailed to the applicant. SECTION 3 I That Section 18.96.030 of the Bo~man Municipal Code be, and the same is hereby amended to read as follows: 18.96.030 HEARING FOR AMENDMENT The City Zoning Commission shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity tOtbe heard. ORDINANCE NO. 1105 - -- ---_._-_._-~---~ 224 . The Building Inspector shall give public notice of all public hearings to be held before either the Bozeman Zoning Commission or the Bozeman City Commission. Said notice shall be published at least once in a newspaper published and having general cir- culation in the City of Bozeman, not more than forty-five (45) days nor less than fifteen (15) days prior to the pUblic hearings. I Said notice shall specify the number, date, time, and place of all scheduled public hearings. It shall state the name and address of the applicant, the name and address of the owner of record of the property, and a legal description of the property affected, the street address or its location by approximate distances from the nearest major street or road intersections so that the property can be easily identified, and a brief statement of the nature of the hearing. Said notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties. However, where City zoning boundaries are extended wh';ch require initial zoning classification, public notice shall consist of three (3) separate notifications in a local newspaper, provided at least one of the notifications is published not more than forty-five (45) days nor less than fifteen (15) days prior to the public hearin~, and no less than a total of eight radio anfiouncements (a minimum of two broadcasts per station) shall be broadcast within the same period of time by distribution to each local commercial AM radio station serving the City of Bozeman to run simultaneously on each station. In addition to such publication, the Building Inspector shall post same notice of I public hearing not more than forty-five (45) days nor less than fifteen (15) days prior to the public hearings, on the site in question as well as on one or more additional locations, visible to the general public, within the affected area as deemed appropriate by the Building Inspector. However, where City zoning boundaries are extended which require initial zoning classification, sign posting requirements shall not apply. Said notice of public hearings shall also be available to all newspaper, radio, and television stations serving the jurisdiction for use as a public service announcement. Such notice shall be sent by mail, not more than forty-five (45) days nor less than fifteen (15) days, to the applicant and owners of record (or their legal representative) of the subject property as well as to the owners of record of all parcels within one hundred fifty (150) feet of the perimeter of the subject property. The number of feet occupied by all public roads, streets, alleys, and other pUblic ways, shall be excluded in determining the one hundred fifty (150) foot requirements. However, where City zoninq boundaries are extended which require initial zoning classification, mailing of notice of public hearing to such applicants, owners of public record (or their legal representative) of the subject propertyC,es) I or owners of record of all parcels within one hundred fifty (150) feet of the perimeter of the subject properties shall not apply. 1105 . 225 If for some reason, a required property owner fails to receive mail notification of a scheduled public hearing, or if one or more of the required posted signs in the area or on the site for which the public hearing is being held, is inadvertently removed throuqh no fault of the City of Bozeman, this in no way shall invalidate the legal notice requirements I of the scheduled pUblic hearing. Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed change or use as determined by the Building Inspector or Planning Director. After such hearing or hearings, the Zoning Commission will make reports and recommendations on said petition or initiation to the ~ity Commission. When the City Zoning Commission has recommended an amendment or supplement to this ordinance, including a change in the district boundaries, the public hearing shall be held by the City Commission for the purpose of acting upon the proposed amendment or supplement after public notice. In case of protest against such changes signed by the owners of twenty (20) '* percent or more either of the area of the lots included in such proposed changes or of those lots directly opposite extending one hundred fifty (150) feet from the street frontage thereof, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Commission. SECTION 4 I 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 Commission of the City of Bozeman, Montana, this 26th day of April 1982. MAYOR ATTEST: Clerk of the City Commission State of Montana ) County of Gallatin ) I 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. 1105, was published in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City of Bozeman * see page 226 ORDINANCE NO. 1105 226 ~ in the issue dated the 3rd day of May 1982. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 4th day of May, 1982. Clerk of the City Commission I * (from page 225) or of those lots included in such proposed change or of those lots immediately adjacent to the rear within the block I I ORDINANCE NO. 1105