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HomeMy WebLinkAbout16- Ordinance 1954 Amending Ordinance 1922, Inclusionary Housing, to Rev... CO.M ORDINANCE NO. 1954 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING SECTION 10 OF ORDINANCE 1922, INCLUSIONARY HOUSING, TO REVISE THE EFFECTIVE DATES WITHIN THE CONTINGENCIES SECTION OF ORDINANCE 1922 AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City Commission of the City of Bozeman adopted Ordinance 1922 on December 7, 2015; and WHEREAS, Ordinance 1922 contained provisions to incentivize the creation of affordable housing through expedited permitting, down payment assistance, impact fee payments and the commitment to create an innovative housing ordinance; and WHEREAS,the City Commission of the City of Bozeman adopted Ordinance 1952, Cottage Housing Ordinance on July 11 to create an innovative housing program; and WHEREAS, development entitlement utilizing the innovative housing program would take six to eight weeks, and WHEREAS, Ordinance 1952 will become effective on August 11, 2016, and there is not adequate time for property owners to use this important incentive before the contingency date in Ordinance 1922 of September 12, 2016. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Section 3 of Ordinance 1922 shall be effective 30 days following the occurrence of any one of the following contingencies: i. If less than 14 (fourteen) affordable homes, as defined in Section 2 of this Ordinance, are constructed and sold as single household detached dwellings or townhomes and Ordinance 1954 Pagel of 3 sold cumulatively throughout the city prior to June 12, 2017 and of these 14 affordable homes no less than four(4) qualify as lower-priced homes; or ii. If less than 27 (twenty seven) affordable homes, as defined in Section 2 of this Ordinance, are constructed and sold as single household detached dwellings or townhomes and sold cumulatively throughout the city prior to November 12, 2017 and of these 27 affordable homes no less than seven(7) qualify as lower-priced homes; or iii. If less than 54 (fifty four) affordable homes, as defined in Section 2 of this Ordinance, are constructed and sold as single household detached dwellings or townhomes and sold cumulatively throughout the city prior to October 12, 2018 and of these 54 affordable homes no less than 12 (twelve) qualify as lower-priced homes. Section 2 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City. Section 5 Effective Date. This ordinance shall be in full force and effect thirty(30) days after final adoption. Ordinance 1954 Page 2 of 3 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 25th day of July,2016. CARSON TAYLOR Mayor Boo ATTEST: -`.�• ' ? ROBIN CROUGIi. —° City Clerk ° ■fie� c o FINALLY PASSED,ADOPTED AND APPROVED by the City Commission of the City of Bozeman,Montana on second reading at a regular session thereof held on the 8th of August,2016. The effective date of this ordinance is September 7, 2016. CARSON TAYLOR Mayor 1300 ATTEST: O�• �"J by ice\ • - ROBIN CROVq — ♦° City Clerk APPROVED AS TO FORM: 46 GRE ULLIVAN City Attorney Ordinance 1954 Page 3 of 3