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HomeMy WebLinkAboutOrdinance 86- 1222 Adds Ch. 1857, zoning 2UU ORDINANCE NO. 1222 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 18 OF THE BOZEMAN MUNICIPAL CODE BY INSERTING A NEW CHAPTER 18.57, PROVIDING FOR CLUSTERED LOT DEVELOPMENT IN THE CITY OF BOZEMAN, MONTANA. PREAMBLE I The purpose of this ordinance is to provide standards for clustered lot development as an alternative method of development in the commercial and industrial zones. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: SECTION 1 That Title 18 of the Bozeman Municipal Code be and the same is hereby amended by adding the following chapter: C H A PT E R 1 8. 57 CLUSTERED LOT DEVELOPMENT Sections: 18.57.010 Purpose and Intent of Provisions. 18.57.020 Definitions. 18.57.030 General Provisions. 18.57.040 Architectural Treatment. 18.57.050 Signs. 18.57.060 Night Lighting. 18.57.070 Open Space--Amount Required and Maintenance Responsibility. 18.57.080 Setbacks and Yard Requirements. 18.57.090 Utilities, Water and Sewer Service Access. 18.57.100 Fire Safety Requirements. 18.57.110 Street System and Access Requirements. 18.57.120 Parking Space and Loading Space Requirements. 18.57.130 Development Criteria--Modification Permitted. 18.57.140 Application and Submittal Requirements. 18.57.150 Approval Procedures and Conditions. I 18.57.160 Modification of Developments. 18.57.170 Subdivision of a Clustered Lot Development. 18.57.180 Minor Developments--Summary Review and Approval Procedure. 18.57.010 Purpose and I ntent of Provisions. It is the purpose and intent of this chapter to accommodate various commercial and industrial developments by reducing the area of individually owned lots and grouping such lots together to more efficiently utilize the total space within the subdivision by creating shared parking areas, common open spaces, and other spaces which would compensate for the reduction of land area contained within the individually owned lots. The provisions of this chapter promote maximum flexibility and innovation in development design and land utilization and promote the conservation of natural and historic features similar to the provisions of the PUD chapter; however, the regulations of this chapter further provide for the division of the land into individual lots. All other provisions contained in the Bozeman Zoning Code are applicable to these types of developments unless specifically noted in this chapter. Specifically, this chapter is designed to allow and encourage the grouping of separately owned commercial and industrial units in such a manner as to make efficient, economical and aesthetically pleasing use of land while restricting the development in order to ensure the health, welfare, safety and convenience of the community. Individual ownership of the lots can provide greater flexibility in development, personal satisfaction in the ownership of the land and improved development financing options. 18.57.020 Definitions. I For the purpose of this chapter, the following definitions apply: A. Building Unit. "Building unit" means an individual unit utilized for commercial or industrial purposes, which is part of a group of two or more such units. B. Building Unit Group. A "building unit group" means a cluster or grouping of building units containing not less than two nor more than six units contiguous to one another. c. Clustered Lot Development Project Site. "Clustered lot development project site" means the ORDINANCE NO. 1222 2U1 entire parcel of land for which individual building units are proposed prior to the creation of any individual lots. D. Clustered Lot Development. A "clustered lot development" is a commercial or industrial development incorporating structures and/or building groups on individual lots incorporating either common or private open space areas. E. Individual Lot. An "individual lot" means a parcel of land under individual ownership with I a buildable area to accommodate a building unit and which is located within the clustered lot development project site. 18.57.030 General Provisions. A. Development Districts. Clustered lot developments shall be allowed in the R-O, B-1, B-2, B-3, M-l, M-2 and TR zoning districts. B. Site Size. No minimum site size shall be required provided that the development satisfies the intent and special definitions of this chapter, and where the development meets all other criteria of this chapter and all other pertinent ordinances, regulations and laws. c. Design--Site Planning. The clustered lot development shall be designed and developed in a manner compatible with and complementary to existing and potential development in the immediate vicinity of the project site. Site planning on the perimeter shall give consideration to protection of the property from adverse surrounding influences, as well as protection of the surround- ing area from potentially adverse influences within the development. In addition, the development shall relate harmoniously to the topography of the site; make suitable provision for conservation of water courses, wooded areas, rough terrain and similar natural features and areas; and shall otherwise be so designed as to use such natural features and amenities to best advantage. The development shall also make suitable I provisions for preservation of significant historical features and areas. D. Building Height. All buildings and structures shall conform to the height regulations of the zone in which the clustered lot development is located; provided, however, that the City Commission may approve buildings and structures with greater height, when in its opinion, such additional height would not have an adverse effect on adjacent properties or on properties or developments in the vicinity. No additional height shall be approved within one hundred feet of any external boundary of the clustered lot development to the land in any residential, residential estates or agricultural zone. E. Residential Units. Residential units shall be allowed in clustered lot developments in the R-O and B-3 districts subject to the requirements of Chapter 18.54 of the Bozeman Municipal Code. F. Area for Individual Lot. No minimum size shall be specified for the individual lot; however, each lot shall incorporate an area capable of accommodating a viable building unit. The difference in lot area normally required in the specific zoning district and the net land area per individual lot shall be incorporated into usable and accessible common open space and/or private or common vehicular access or parking areas. G. Building Unit Requirements. Each building unit shall be separated from other building units by a common party wall, having no doors, windows, or other provisions for human passage or visibility, or I separated by other acceptable means in compliance with the Uniform Building Code and approved by the City Commission. Each unit shall be attached by not more than three party walls. Where units are offset from one another and a common party wall is used, the party wall may be placed equidistant on each side of the lot line not exceeding the length of the offset. H. Conversion of Existing Structures. Conversion of existing structures to a clustered lot development project will be permitted provided all clustered lot development standards as outlined in this chapter can ORD I NANCE NO. 1222 202 be satisfied. Where it cannot be demonstrated by the applicant that the proposed conversion will comply with appropriate subdivision and zoning regulations, the conversion will be disallowed. 18.57.040 Architectural Treatment. In any clustered lot development, the architectural treatment of the development shall incorporate such design elements as to provide a unifying architectural theme and continuity I within the development site. Architectural treatment of the facades of the building units in a group shall be varied by changes in front yard setbacks or variations in materials or design so that no more than two abutting building units shall have the same front yard setback or the same, or essentially the same, architectural treatment of facades and roof lines. 18.57.050 Signs. Interior street, building and other signs shall be uniform in design and reflect good taste in style and size and shall be subject to the approval of the City Commission. 18.57.060 Night Lighting. Light fixtures for walks, parking areas, driveways and other facilities shall be developed in sufficient number and at proper location to assure safe and convenient night time use. Lighting shall be arranged in such a manner that it will not be a hazard to passing motorists or constitute a nuisance of any kind. Where said lighting is within one hundred fifty feet of any property zoned residential by this ordinance and where the lighting is directly visible by the residents within one hundred fifty feet, illuminating devices shall be shaded in a manner that will direct light away from the residential property. 18.57.070 Open Space--Amount Required and Maintenance Responsibility. A. Maintenance of Common Areas. 1. Provisions satisfactory to the City Commission shall be made to assure that nonpublic I areas and facilities for the common use of occupants of a clustered lot development, but not in individual ownership of such occupants, shall be maintained in a satisfactory manner without expense to the general taxpayers of the City. To this end, the incorporation of an automatic membership property owners association, created under recorded land agreements, will be required for the purpose of continuously holding title to such nonpublic areas and facilities, and levying assessments against each clustered lot development, whether improved or not, for the purpose of paying the taxes and maintaining such nonpublic areas and facilities. Such nonpublic areas and facilities may include but not be limited to, recreational areas, off-street parking areas, private streets, sidewalks, street lights and common open and landscaped areas. Such assessments shall be a lien superior to all other liens save and except tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens, and secured indebtedness which are amortized in monthly or quarter-annual payments over a period of not less than ten years. Other methods may be acceptable if the same positively provides for the property and continuous payment of taxes and maintenance without expense to the general taxpayers. The instrument incorporating such provisions shall be approved by the City Commission, and shall be recorded in the public records of Gallatin County if satisfactory to the City Commission. 2. In the event that this or a similar entity fails to maintain the common area in accordance with the landscaping plan approved by the City Commission, or should the I entity fail to maintain the common area in a reasonable condition and state of repair, the determination of such failure to be made by the Building Inspector or Planning Director, the City Commission may, at its option through its own agents or by independent contractor, enter the common area for purposes of maintenance thereof, together with an additional charge of twenty-five percent of the costs for management fees, such costs to constitute a lien upon each and every lot in the project. ORDINANCE NO. 1222 203 B. Amount of Open Space. A minimum of 30 percent of the development site shall be provided as common or private open space. Not less than 75 percent of all required open space shall have live vegetative ground cover of grass or other plant materials. The remaining areas may be covered with rock, stone, bark, etc., and other ornamental features; however, in no case shall driveways, parking aisles, off-street parking spaces or loading space be considered I open space for the purposes of this section. Open space requirements as set forth in Section 18.54.040 through 18.54.240 shall be modified for clustered lot developments as noted in this chapter. C. Compensating Common Open Space Required. 1. In those instances where the proposed individual lot has a gross area of less than the minimum lot area requirement of the specific zoning district, compensating common open space must be established and provided within the project site. 2. Compensating open space also allows the individual building units and lots to be grouped in a manner which creates economics in the installation of utilities and streets required to serve these individual private properties and provides an opportunity for the subdivider to design and develop a more attractive commercial and/or industrial development and fully utilize any natural or topographic features which may be present on the tract being subdivided. D. Limitations, Courtyards. 1. Compensating open spaces are considered to be only those areas not specifically designated or used as lots, building sites for building units, building sites for utility or storage purposes, vehicular parking lots, carports, garages or driveways thereto, or streets, either public or private. 2. Courtyards which are designed to provide primary access from groups or cluster of lots or building sites must have an average width between the fronts of such lots or buildings of fifteen feet with a minimum of such distance being not less than ten feet. I 18.57.080 Setbacks and Yard Requirements. A. Setbacks. No building shall be located closer than five feet to any driveway, parking aisle, open parking area or open loading area. No building shall be located closer than fifteen feet to any interior street or closer than twenty-five feet to any exterior street. No building or structure, except a wall or fence, shall be located closer to any exterior boundary than eight feet plus three feet for each additional story over one story. Such setbacks shall be measured from the nearest edge of a surfaced area; provided. however, that where no sidewalk exists, setbacks shall be measured from the nearest edge of the street right of way or private road easement. B. Minimum Distance Between Clustered Lot Developments. No portion of a building unit, accessory structure, or other building type in or related to one group or cluster of contiguous building units shall be nearer than fifteen feet to any portion of a building unit or accessory structure of another building unit or cluster. However, covered pedestrian ways connecting building units or structures meeting the requirements of the Uniform Building Code and providing adequate emergency access may be allowed. C. Accessory Building. No accessory building shall be erected in any side or front yard. An accessory building may be located in a rear yard and shall occupy not over twenty-five percent of I the rear yard area and shall be set back at least ten feet from any alley or rear service street line. 18.57.090 Utilities, Water and Sewer Service Access. A. Each individual building unit shall be connected to and serviced by public water and sewer lines or connected to a central sewer and water system that has been approved by the State Department of Health and Environmental Sciences, the City Engineer and the Utility Superintendent. Each individual clustered lot development's sewer service line shall be ORD I NANCE NO. 1222 2011 independent of service lines serving other clustered lot development units or structures. B. When clustered lot development is proposed in areas where no utility services are constructed and no paving exists, all utility services shall be designed to provide utility stubs to the individual lots before paving of any public (or private) streets. for existing utility services where paving of public (or private) streets exist, the extension of services will be allowed subject to the condition that the street pavement in the region of the service cuts will be removed and replaced subject to the approval of the City Engineering I Office. C. All electrical, cable and telephone lines in clustered lot developments shall be underground. D. Proper and adequate access for fire fighting purposes and access to service areas to provide garbage and waste collection, and for other necessary services, shall be provided. E. Provisions for a Capital Improvement Fund, to assure adequate facilities and services are available to the development site, may be incorporated into the Property Owner's Association documents. 18.57.100 Fi re Safety Requ i rements. A. Hydrant Requirements. Clustered lot developments shall provide fire hydrants on or adjacent to the area to be developed as required by the fire Division. Installation shall be made part of the overall Improvements Agreement for the development. B. Building Layout--Fire Hydrant Location. All buildings proposed to be constructed within any project containing private streets must be so arranged and located that fire-fighting apparatus can park and reach any building with a one hundred fifty-foot long hose extending from such equipment. This one hundred fifty-foot long hose length must be measured as the hose is laid on the ground and may not be measured as the aerial radius from said parking equipment. In addition, fire hydrants must be so located and provided within the project boundaries so that four I hundred feet of fire hose, extending on the ground from the hydrant, can reach the furthermost part of any building within the boundaries of the plat. Entrance to all buildings must be illustrated on the plat of any project containing private streets. C. Building Design--fire Walkways. All buildings proposed to be constructed within any project containing private streets with an overall length of three hundred feet or more, must be so designed to have one or more open unobstructed walkways through the building at ground level, having a width of not less than five feet to allow ready access by firefighters and police officers and their equipment and other emergency services to each side of such buildings. In those instances where buildings are to be constructed over and across any private street, the unobstructed overhead clearance must not be less than fourteen feet, measured between the highest point of the private street paving under the structure and lowest part of the building structure or associated parts thereof and suitable restrictions to this condition must be noted on the plat. D. Emergency Service Access. Any building or any dwelling unit that is located more than one hundred feet from a public or private street or other vehicular way shall have pedestrian access thereto capable of accommodating emergency and service vehicles. 18.57.110 Street System and Access Requirements. A. Vehicle Access Restrictions. I No building unit shall be constructed so as to provide direct vehicular ingress or egress to any controlled access highway, major thoroughfare, arterial or collector street as established in the adopted master plan. B. Street System. A well-defined system shall be designed to allow free movement throughout the development while discouraging excessive speeds, and shall structure the development in ORDINANCE NO. 1222 2Ub clearly defined clusters and lor groups. Where building units are located on service streets or courts, the street system must be designed to discourage all through traffic. C. Street Frontage. Each clustered lot development site must have a frontage on a public street. Individual lots need not front on a public or private street but may face upon common open areas subject to the parking distance factor contained in Section 18.62.110. I D. Street Right-of-Way Width and Improvements. The right-of-way width of public streets and private streets serving a group of building units and the improvements therein shall conform to all applicable City standards and requirements for such street. E. Streets. 1. The right-of-way and pavement widths for internal ways, roads and alleys serving all residential and nonresidential buildings, shall be determined from sound planning and engineering standards and shall be certified thereto by a competent expert or experts licensed under the laws of the state. I nternal public road rights of way shall not be less than sixty feet in width. In any event all roads, public or private, shall meet minimum right-of-way widths and pavement widths as required for the City, with the following exceptions: Minor private streets which are improved in accordance with specifications of the City shall not be required to reserve right of way in excess of the roadway width. The roadway width, as measured from back of curb to back of curb may be: --Minor streets with no parking, twenty feet wide. --Minor streets with parking on one side, twenty-eight feet wide. --Minor streets with parking on both sides, thirty-four feet wide. 2. Dedicated'streets shall be subject to all requirements in the Bozeman Zoning Code and the Bozeman Area Subdivision Regulations. F. Curb Cuts and Driveways. I 1. A minimum distance of thirty feet shall be maintained between more than two separate driveway Icurb cuts in any direction along all public street frontages. However, where individual lots front on private streets the above driveway Icurb cut requirements may be modified if the project site design provides for reasonable public safety, convenient parking, ingress-egress and related vehicular maneuvering and a minimum of vehicular and lor pedestrian congestion. A minimum corner clearance shall be fifteen feet from property lines at uncontrolled intersections and thirty feet from property lines at controlled (either signed or signalized) intersections. 2. In no case shall any curb cut be permitted which, in the opinion of the City Engineering Officer, may cause an unsafe or hazardous driving condition. 18.57.120 Parking Space and Loading Space Requirements. A. The number of off-street parking and loading spaces required for specific uses shall be determined by the requirements specified in Section 18.62.190 of this Code. B. All off-street parking and loading areas shall comply with the requirements of Chapter 18.62 of this Code. 18.57.130 Development Criteria--Modification Permitted. Modification of the development criteria of Sections 18.57.040 through 18.57.110 may be granted by the City Commission when it has been determined that such modification is necessary to accommodate special circumstances related to the location, siting or implementation of the I project, and to promote the public health, safety, morals and welfare. Any modification granted shall be fully documented, recorded and reviewed at the public hearing on the appl ication. 18.57. 140 Application and Submittal Requirements. A. Each application shall be in writing on a form provided therefor by the Planning Office. In addition to the completed application form and fees as set out in Section 18.48.090, ten prints with one reproducible tracing of the items listed below are normally required for ORDINANCE NO. 1222 '. 20C scheduling a clustered lot development proposal before the Zoning Commission and City Commission. Prior to preparing material for filing, the applicant should contact the Planning staff to make precise determinations as to the content and preparation of material for filing. B. The appl ication, together with exhibits attached thereto and made part thereof by reference, shall contain the following information: 1. The name and address of the applicant; I 2. A legal description of the subject lands; 3. A map which shall meet all of the requirements as to form and content of a preliminary subdivision plat plan required under the provisions of Section 3 of the adopted Bozeman Area Subdivision Regulations. [ Note: the Subdivision Regulations are on file, available for public inspection, at the Clerk of the City Commission's Office. ) 4. Site Plan. On a twenty-four inch by thirty-six inch sheet (smaller sheets may be used), a detailed development plan, which shall set forth, show and delineate, among other things, the exact location and dimensions of the following, to be constructed or situated therein or thereof: a. All portions which will be occupied by buildings; b. All public and private streets, all utility easements, all public and private easements of any kind, and all area to be dedicated for public use or conveyed to the City or County; c. All portions which are to be divided into separate ownership; d. All portions, if any, which are to be owned in common by all of the owners of parts divided into separate ownership; and e. All public and private ways of pedestrian and vehicular ingress to and egress from the subject lands. 5. Elevations. On twenty-four inch by thirty-six inch sheet(s) (smaller sheets may be used), information showing elevation(s) of the building(s) proposed (to include I accessory structures) should be shown and materials (colors as appropriate) indicated; 6. Floor Plans. On twenty-four inch by thirty-six inch sheet(s) (smaller sheets may be used), information showing the various use areas within the building(s) and the location of doors and windows; 7. Landscape Plan. On a twenty-four inch by thirty-six inch sheet (smaller sheets may be used), information indicating areas to be landscaped; tree clusters, shrubs and hedges (noting common name and size); special elements (mounding, interest areas, water, building, paving, texture, etc.) and general circulation system. 8. Exterior Lighting System. On eight-and-one-half inch by eleven inch or eight-and one-half inch by fourteen inch sheets, information showing type of fixture proposed (perspective or elevation drawing) with general location indicated on the site plan; 9. Use Allocation and Density Distribution Tables. On the site plan sheet, or eight-and-one-half inch by eleven inch sheets, information indicating the net and gross (centerline of abutting streets) acreage for the entire project, net acreage for major areas, and pertinent site plan facts, to include: Tables showing the area expressed in square feet or acres, and the percentage it comprises of the subject lands for each of the following: a. Public streets and public easements; b. Private streets and private easements; c. Utility easements; I d. Portions of the subject lands to be divided into separate ownership; e. Portions of the subject land in common ownership; f. Lands which will be covered by buildings; g. Lands which will not be occupied by buildings; h. The total number of building units and living units within the subject lands, and showing the total number of building units and living units per acre of the subject lands; ORDINANCE NO. 1222 - 201 i. The total number of off-street parking spaces within the subject lands. 10. Covenants and other legal agreements which regulate areas or facilities of common or restricted ownership, if any, which shall: a. Legally create automatic membership in a nonprofit property owner's association or similar instrument; b. Place title to any common property or fad lity in the property owner's I association; c. Appropriately and permanently limit the uses of common property and open space; d. Give each lot or unit owner the right of use and enjoyment of any common property or facility; e. Place responsibility for operation and maintenance of the common property and facilities in the homes or lots association; f. Place an association charge on each lot or unit in a manner which will assume sufficient funds for maintenance and operation, such charge to be a lien on the property; and provide adequate safeguards for owners against undesirable high charges; 11. Phased Development Schedule. If the development is to be accomplished in phases, a development schedule describing the phasing for the entire clustered lot development including the construction of the building structures, improvements and open space in order that each development stage achieves a proportionate share of the total open space and environmental quality of the total clustered lot development. 12. Engineering and Fire Data. Additional drawings and data on these subjects as appropriate. 13. Material Sample Board. Data illustrating the exterior building material for the proposed buildings if necessary. 14. Such application shall contain all other information as the City Commission may I require. 15. All plans shall be drawn by a registered architect as indicated by his or her registration stamp. C. All clustered lot development submittals must respond to appropriate City policies and codes, relate to specific action by the Commissioners for subject property, and conform with the Bozeman Area Master Plan. 18.57.150 Approval Procedures and Conditions. Approval of a clustered lot development shall be obtained through conditional use permit procedures as specified in Chapter 18.52 and by following the adopted subdivision regulations. When the City Commission gives approval of the Planned Unit Development, permits shall be issued only in accordance with the approved plans, stipulated conditions, development schedule and improvement agreements. 18.57.160 Modification of Developments. Modifications that are requested shall be handled in a similar manner to the initial application with the Zoning Commission, the City Commission, and plan conditions; except that minor modifications which do not increase the approved density or change the approved uses may be allowed by design review approval from the Planning Office and Building Division. 18.57.170 Subdivision of a Clustered Lot Development. I The City Commission may approve subdivision of a clustered lot development into lots if the Commission finds that adequate provisions are enforced to ensure the perpetual maintenance of al I areas and improvements proposed to be owned in common. or to be maintained in common, and to ensure that additional development will conform with the approved policy and plan. 18.57.180 Minor Developments--Summary Review and Approval Procedure. A. An applicant seeking to build more than one principal structure on a given lot may request ORDINANCE NO. 1222 208 to the Planning Director that his development be reviewed as a minor development and given summary planning staff review and approval. B. Waiver of Requirements. The Planning Director may waive all or any part of the requirements for: 1. Public hearings; 2. Zoning Commission review and approval, where it is determined that the following conditions will be met: I a. The proposed development will consist of three or fewer structures, or twelve or fewer residential units; b. No density bonuses are requested; c. The uses proposed are uses which are allowed in the zoning district in which the development is to be located; d. The proposed development fulfills the intent and definition of a development as outlined in this Chapter; e. All design and site plan requirements required in this Chapter will be satisfied; f. The development is estimated not to have a significant environmental impact. 3. The Planning Director will advise the applicant of his action by letter within ten days of the date of submission of a request for summary review of a minor development. C. Preapplication Plan Procedure for Summary Review. 1. The applicant shall submit a preapplication development plan to the Planning Office for approval in principle. This approval shall be limited in the general compliance of the land uses and densities proposed and their interrelationships, and shall not be interpreted to indicate final plan approval. 2. The preapplication plan may be a freehand sketch, legibly drawn, showing approximate boundaries, dimensions, areas and distances describing the basic intent and concept of the development. 3. The Planning Director shall review the preapplication plan and advise the applicant as to whether or not the development plan satisfies the criteria for the designation. I D. Plan Review Procedure for Summary Review. Upon completion of the preapplication plan review, the applicant shall submit to the Planning Office a completed application form, the required fees and ten copies of the submittal information identified in Section 18.57.140. The Planning Director shall review the application to assure that all conditions and requirements of this Chapter have been met. A copy of the staff report and submittal information will be sent to each member of the Zoning Commission. A majority of the Commission can request, within three working days, that the proposed clustered lot development be reviewed at a public hearing. E. Final Site Plan Review Procedure for Summary Review. Upon approval of the application by the Zoning Commission, the applicant shall submit three copies of the final site plan and supplementary information for review and approval by the Planning Director. final plan approval shall include, but not be limited to, the following: 1. Conformance of the approved site plan; 2. Inclusion of appropriate plan materials and information; 3. Completion of an approved Improvements Agreement; and 4. All other requirements as set forth in the Bozeman Municipal Code. The Planning Director will certify final site plan approval in a printed certificate on each of the three copies of the plans. One copy shall be returned to the applicant, one copy shall be retained by the Planning Office. F. Approval by Building Inspector. I The Building I nspector shall examine every final site plan for a minor clustered lot development and shall approve it if it conforms to the conditions of final approval, and the terms of this Chapter. The Building Inspector shall certify final approval by a printed certificate on the plans before issuance of a building permit. ORDINANCE NO. 1222 2U9 Section 2 Savings Provision. This ordinance does not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 3 I Severability. 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 applicability thereof to other persons and circumstances shall not be affected thereby. Section 4 Repealer. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. PROVISIONALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 20th day of October 1986. MAYOR ATTEST: Clerk of the Commission I FINALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 3rd day of November 1986. MAYOR ATTEST: Clerk of the 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 I that the foregoing Ordinance No. 1222 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 7th day of November 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 corporate seal of my office this 26th day of November 1986. Clerk of the City Commission ORDINANCE NO. 1222