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HomeMy WebLinkAboutOrdinance 86- 1223 Adds Ch. 1857, zoning (2) 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 Repea ler . That all ordinances and parts of ordinances in conflict herewith are hereby repealed.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 FI NALL 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. IN WITNESS 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 . 21U ORDI NANCE NO. 1223 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 18.66.050 AND 18.68.030 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR PUBLIC NOTICE OF REQUESTS FOR APPEALS AND VARIANCES, ZONE CODE AMENDMENTS AND ZONE MAP CHANGES. PREAMBLE I The purpose of this ordinance is to clarify the public notice procedures for all public hearings required by the Zoning Code. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section 1 That Section 18.66.050 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 18.66.050 Appeals and Variances--Hearing and Notice Requirements. A. There shall be a hearing for each application of appeal or modification. The hearing shall be held at an appointed time and place. Testimony shall be taken by the board from persons interested in the application, and from the City-County Planning staff. B. The Building Inspector shall give public notice of all public hearings to be held before the Board of Adjustment. The notice shall be published at least once in a newspaper published and having general circulation in the City, not more than thirty days nor less than ten days prior to the public hearings. c. The 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 intersection so that the property can be easily identified, and a brief statement of the nature of the hearing. I D. The notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties. E. In addition to such publication, the Building Inspector shall post same notice of public hearing not more than thirty days nor less than ten 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. F. Said notice of public hearings shall also be made available upon request to all newspapers, radio stations and television stations serving the jurisdiction for use as a public service an nou ncement. G. Such notice shall be sent by mai I, not more than thirty days nor less than ten days prior to the public hearings, 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 feet of the perimeter of the subject property. The number of feet occupied by all publ ic roads, streets, alleys and other publ ic ways shall be excluded in determining the one hundred fifty-foot requirement. H. 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 are inadvertently removed through no fault of the City, this in no way shall invalidate the legal notice requirement of the scheduled public hearing. I I. Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed variance, as determined by the Building Inspector or Planning Director. Section 2 That Section 18.68.030 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 18.68.030 Public Hearing Procedures and Requirements. ORDINANCE NO. 1223 211 A. 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 to be heard. B. The Building Inspector shall give public notice of all public hearings to be held before either the Zoning Commission or the City Commission. The notice shall be published at least once in a newspaper published and having general circulation in the City, not more I than forty-five days nor less than fifteen days prior to the public hearings. c. The notice shall specify the number, dale, 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. D. The notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties. E. However, where City zoning boundaries are extended which require initial zoning classification, public notice shall consist of three separate notifications in a newspaper published and having general circulation in the City, 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 hearing. Said notice of public hearings shall also be made available upon request to all newspapers, radio stations and television stations serving the jurisdiction for use as a public service announcement. F. In addition to such publication, the Bui Iding I nspector shall post same notice of 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 Sui Iding Inspector. However, where City zoning boundaries are extended which require I initial zoning classification, sign posting requirements shall not apply. G. The notice of public hearings shall be made available upon request to all newspapers, radio and television stations serving the jurisdiction for use as a public service announcement. H. Such notice shall be sent by mail, not more than forty-five days nor less than fifteen days prior to the public hearings. 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 feet of the perimeter of the subject property. The number of feet occupied by all public roads, streets, alleys and other publ ic ways shall be excluded in determining the one-hundred-fifty foot requirements. However, where City zoning 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 property(ies), or owners of record of all parcels within one hundred fifty feet of the perimeter of the subject properties, shall not apply. I. 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 are inadvertently removed through no fault of the City, this in no way shall invalidate the legal notice requirements of the scheduled public hearing. J. 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 Bui Iding I nspector or Planning Director. I K. After such hearing or hearings, the Zoning Commission will make reports and recommendations on the petition or initiation to the City Commission. L. When the City Zoning Commission has recommended an amendment or supplement to this title, 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 percent or more either of the area of the lots included in such proposed change or of those lots immediately adjacent to the rear within the block or of those lots directly ORDINANCE NO. 1223 ...-- 212 opposite extending or;e hundred fifty 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 3 Ordinance Repealed. All other ordinances and parts of ordinances in conflict with the provisions are hereby I repealed. Section 4 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 5 Severability. I f 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. PROVISIONALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 14th day of October 1986. MAYOR ATTEST: Clerk of the Commission I FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 27th day of October 1986, and effective thirty (30) days after said date. 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 that the foregoing Ordinance No. 1223 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 30th day of October 1986 and due proof of such publication is on file in my office. I I N WITNESS 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. 1223