HomeMy WebLinkAbout17- Ordinance 1977 Six Month Extension of Ordinance 1958, Short-Term Rentals w •
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ORDINANCE NO. 1977
A SIX MONTH EXTENSION OF INTERIM ZONING ORDINANCE 1958 OF THE
CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO AMEND
SECTION 38.08.020 OF THE MUNICIPAL CODE TO CHANGE THE USES ALLOWED
WITHIN THE R-1, R-2, R-S, AND NEHMU ZONING DISTRICTS BY REMOVING
"EXTENDED STAY LODGINGS" AS A CONDITIONAL USE IN THOSE DISTRICTS.
WHEREAS, the City Commission adopted Interim Zoning Ordinance 1958 on August
8, 2016 pursuant to Section 76-2-306, Montana Code Annotated, providing for adoption of an
interim zoning ordinance prohibiting for a period of six months any uses which may be in
conflict with a contemplated zoning proposal which the legislative body is considering or
studying, or intends to study, and
WHEREAS, Ordinance 1958 was extended for six months by Ordinance 1970 and is
set to expire on August 8, 2017; and
WHEREAS, the City Commission directed City staff to study options regarding
appropriate locations and regulations for short term rentals, and their compatibility with
residential uses within the City and to recommend revised or new regulations to the City
Commission; and
WHEREAS, the development and review of amendments to Chapter 38 of the
Bozeman Municipal Code to address short term rentals required City staff to inform and involve
and obtain input from the public and other agencies prior to adoption of any proposed
amendments; and
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Ordinance 1977. Six Month Extension of Interim Zoning Ordinance 1958
WHEREAS, City staff conducted an online survey, held several public workshops,
sought input from neighborhood associations and other governmental agencies, and drafted
proposed permanent zoning or general ordinances for the City Commission's consideration; and
WHEREAS, the City held a public hearing for provisional adoption of the proposed
ordinance on May 22, 2017; and
WHEREAS, the City received extensive public comment regarding the proposed
ordinance; and
WHEREAS, the City continued the public hearing for provisional adoption of the
proposed ordinance to June 22, 2017; and
WHEREAS, the City requires more time to consider public comment and draft the
proposed ordinance; and
WHEREAS, 76-2-306(3)provides that pursuant to a duly noticed public hearing the City
Commission may extend interim zoning ordinance 1958 two times; and
WHEREAS, notice of a public hearing on June 22, 2017 to consider extending interim
ordinance 1958 was published in accordance with state law; and
WHEREAS, no protest to an extension in accordance with this Ordinance 1977 was
received.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
The City Commission incorporates the above recitals into this ordinance.
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Ordinance 1977,Six Month Extension oflnterirn Zoning Ordinance 1958
Section 2
The City Commission hereby directs the City Manager to continue to study the effects
of extended stay lodgings, and other similar uses, including short term and vacation rentals, on
locations in the City zoned R-1, R-2, R-S, or NEHMU and other locations and to make
recommendations in as timely a manner as possible to the City Commission regarding the zoning
of such uses and other matters relating to impacts of such uses on the public health, safety, and
general welfare.
Section 3
Effective Date and Period.
This ordinance shall be effective immediately upon passage and for a period of not
more than six (6) months from the date of adoption hereof, unless otherwise extended in
accordance with Montana law.
Section 4
Supersedence.
All City ordinances and parts thereof in conflict herewith are hereby temporarily
superseded by this Ordinance for the time period as described in Section 3 above, insofar as said
ordinances or parts thereof may apply within the corporate boundaries of the City of Bozeman.
Section 5
Severability.
If any provision of this Ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect the other provisions of this
Ordinance which may be given effect without the invalid provision or application and, to this
end, the provisions of this Ordinance are declared to be severable.
Section 6
Savings Provision.
This Ordinance does not affect the rights or duties that matured, penalties and
assessments that were incurred, or proceedings that were finally acted upon prior to the effective
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Ordinance 1977, Six Month Extension ofbnterim Zoning Ordinance 1958
date of this Ordinance.
Section 7
Codification Instruction.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
list in numerical order with all other ordinances of the City and also shall be organized in a
category entitled "Interim Zoning Ordinances." The City Clerk must immediately transmit this
Ordinance for inclusion on the City's internet-accessed municipal code website so as to
prominently display the continued repeal and suspension as provided for in this interim
ordinance.
PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22"d day of June, 2017.
CARSON TAYLOR
Mayor
ATTEST: '
B0Z0 .
ROBIN CROMH�., :z
City Clerk * �0.3
�LiATirr Co APPROVED TO FORM:
RE ULLIVAN
City Attorney
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