HomeMy WebLinkAboutOrdinance 86- 1217 Interim zoning
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ORDI NANCE NO. 1217
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADOPTING AN INTERIM ZONING ORDINANCE FOR PROPERTY LYING
WITHIN FIFTY FEET OF THE MILWAUKEE RAILROAD LINEAR PARK.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN:
I WHEREAS, Section 76-2-306, M.C.A., authorizes the City Commission to adopt as an
urgency measure an interim zoning ordinance prohibiting any uses which may be in conflict with
a contemplated zoning proposal which the legislative body is considering or studying or intends
to study within a reasonable time; and
WHEREAS, the City of Bozeman has recently received particular portions of the abandoned
Chicago, Milwaukee, St. Paul and Pacific Railroad Company's right of way and extra-width
properties, more particularly described in Exhibit A, attached hereto and made a part hereof;
WHEREAS, the City intends that some or all of the property received shall be used by
the public as a linear park but has not yet had a chance to study the property or decide on or
adopt standards governing the appropriate size and location of bui Idings, structures and other
improvements near the park which will be necessary to promote the public safety, health and
welfare;
WHEREAS, the City is particularly interested in that portion of the right of way and
extra-width properties which start at the southwest corner of South Church and East Story
Street, proceeding southwest along the Milwaukee right of way where the trail crosses East
Garfield, continuing southwest where the trail crosses South Willson at the intersection of West
Lincoln Street; again continuing southwest to where the right of way ends at the intersection of
South Third Avenue and Kagy Boulevard; and
WHEREAS, the City Commission finds that this interim zoning ordinance is necessary to
protect the public safety, health and welfare of the City and its inhabitants.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
I BOZEMAN:
Section 1
That no building, structure or land shall hereafter be used or occupied, and no
bui Iding. structure or part thereof shall hereafter be erected, constructed, reconstructed,
moved or structurally altered on any property located within fifty feet of the properties
described in Exhibit A and that portion starting at the southwest corner of South Church and
East Story Street, proceeding southwest along the Milwaukee right of way where the trail
crosses East Garfield, continuing southwest where the trail crosses South Willson at the
intersection of West Lincoln Street; again continuing southwest to where the right of way ends
at the intersection of South Third Avenue and Kagy Boulevard, unless it has been reviewed and
approved in accordance with Chapter 18.52, Conditional Uses, of the Bozeman Municipal Code.
Section 2
Section 1 is hereby adopted as an overlay zoning requirement and applies to the
described properties in addition to all other applicable provisions of the zoning ordinance of the
City of Bozeman, Title 18, Bozeman Municipal Code.
Section 3
Savings Provision
This ordinance does not affect the rights and duties that matured, penalties that were
I incurred, or proceedings that were begun before the effective date of this ordinance.
Section 4
Severabi I ity
If any provision of this ordinance is declared unconstitutional, or the applicability
thereof to any person or circumstances is held invalid, the constitutionality of the remainder of
the ordinance and the applicability thereof to other persons and circumstances shall not be
affected thereby.
ORDINANCE NO. 1217
15G
PASSED, ADOPTED AND APPROVED by the City Commission of the City. of Bozeman, Montana,
this 15th day of September 1986 and effective upon adoption.
MAYOR
ATTEST: I
CLERK OF THE CITY COMMISSION
State of Montana )
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 1217 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 18th day of September 1986, and due proof of such publication is on file in my office.
I N WI TNESS WHEREOF, I hereunto set my hand and affix the corperate seal of my office
this 27th day of October 1986.
Clerk of the City Commission
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ORDINANCE NO. 1217