HomeMy WebLinkAboutOrdinance 82- 1105 Amends prior code §§ 18.72.020, 18.72.110 and 18.96.030, zoning
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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
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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
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224
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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
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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
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ORDINANCE NO. 1105