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HomeMy WebLinkAboutOrdinance 86- 1213 Amends § 18.06.050, zoning , 14~ ORDINANCE NO. 1213 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 18.06.050 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR INTERPRETATION OF PARTICULAR USES BY THE CITY COMMISSION. PREAMBLE The purpose of this ordinance is to clarify, and bring into compliance with state I statutes, the requirements for the interpretation of unlisted uses in the Zoning Code. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: That Chapter 18.06.050 of the Bozeman Municipal Code be and the same is hereby amended as follows: 18.06.050 Classification of Particular Uses--City Commission Authority. If questions arise concerning the appropriate classification of a particular use, the City Commission shall determine whether the particular use may be interpreted to be the same as a listed permitted or conditional use. In interpreting the appropriate classification of a particular use, the City Commission shall determine: A. That the use is the same, or so similar so as to be interpreted as the same, as one or more uses permitted in the district wherein it is proposed to be located; B. That the use and its operation are compatible with the uses permitted in the district wherein the use is proposed to be located; C. That the use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located; and D. That neither the intent of the ordinance nor the intent of the district will be abrogated by such classification. If a specific use is not listed and cannot be interpreted to be the same as a listed permitted or conditional use, the use shall not be allowed. However, a zone code amendment may be submitted for review and approval pursuant to the requirements of this ordinance to I allow such use as a listed permitted or conditional use. PROVI SIONALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 9th day of June 1986. MAYOR ATTEST: CLERK OF THE CITY COMMISSION FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 23rd day of June 1986, and effective thirty (30) days after said date. MAYOR ATTEST: CLERK OF THE CITY COMMISSION State of Montana ) I County of Gallatin : ss. City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Ordinance 1213 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 27th day of June 1986, and due proof of such publication is on file in my office. I N WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 17th day of July 1986. Clerk of the City Commission ORDINANCE NO. 1213