HomeMy WebLinkAboutOrdinance 89- 1291 Adds 8 2.64.030, amends §8 2.64.010 and 2.64.020 and repeals 88 2.68.010, 2.68.020 and 2.68.040, planning commission
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ORDINANCE NO. 1291
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, PURSUANT TO SECTION 76-1-108, MONTANA
CODE ANNOTATED DESIGNATING THE BOZEMAN CITY-COUNTY
PLANNING BOARD AS THE CITY OF BOZEMAN'S ZONING
COMMISSION; AMENDING ORDINANCE NO. 802 AS CODIFIED BY
SECTION 2.64.010 ET SEQ. OF THE BOZEMAN MUNICIPAL CODE
ADOPTING BY REFERENCE PRESENT STATE LAW REGARDING THE
CITY-COUNTY PLANNING BOARD AND INCREASING THE CITY-
COUNTY PLANNING BOARD MEMBERSHIP BY ADDING THERETO ONE
ADDITIONAL CITY APPOINTEE; AND ABOLISHING THE PRESENT
CITY'S ZONING COMMISSION BY REPEALING ORDINANCE NOS.
928, 1012 AND 1156.
Preamble
The purpose of this ordinance is to designate the
Bozeman City-County Planning Board as the City of
Bozeman's Zoning Commission and requiring it to perform
the function of the City's Zoning Commission; to amend
City of Bozeman Ordinance No. 802 by increasing the
membership of the City-County Planning Board by adding
to said board one additional member to be appointed by
the City pursuant to the terms of an Inter10cal
Agreement between the City of Bozeman and Gallatin
County; to adopt by reference current State law
appertaining to City-County Planning Boards; and to
abolish the City's present Zoning Commission and
repealing Ordinance Nos. 928, 1012 and 1156 which
created the City's Zoning Commission.
WHEREAS, in 1957 the City of Bozeman and Gallatin County,
Montana, created the Bozeman City-County Planning Board pursuant
to Section 11-3801 et ~. Revised Codes of Montana, 1947, now
Section 76-1-101 et seq. Montana Code Annotated (MeA); and
WHEREAS, the City of Bozeman and Gallatin County have
entered into an Interlocal Agreement whereby the City of Bozeman
will appoint one additional member from within the city limits of
Bozeman to the City-County Planning Board when the City of Bozeman
designates the City-County Planning Board to act as its Zoning
Commission pursuant to Section 76-1-108 MCA; and
WHEREAS, the designation of the City-County Planning Board
to act as the City's Zoning Commission will eliminate the need
for the City of Bozeman's present Zoning Commission.
THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF BOZEMAN,
MONTANA:
Section I
That Section I be, and the same is hereby enacted into law:
1. Pursuant to Section 76-1-108 et seq. MCA the Bozeman
City Commission hereby designates and appoints the Bozeman City-
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County Planning Board as its Zoning Commission and hereby
requires the Bozeman City-County Planning Board to carry out the
duties and functions of the Zoning Commission as set forth in
Section 76-2-307 MCA and as may be further required by law or the
Bozeman City Commission.
Section II
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That Sections 1 and 2 of Ordinance No. 802 as codifed in
Sections 2.64.010 and 2.64.020 of the Bozeman Municipal Code,
respectively, be and the same are hereby amended, that a new
Section 3 be added and that present sections 3 and 4 be
renumbered accordingly, with such deletions being shown by
interlineation and additions by underlineation, as follows:
Section 1: That pursuant to and under the provisions of
Seee4eRs ~~-~8g~ ~e ~~-~898T 4Re~~e4YeT e~ ~Ae ReY4eee Seeee e~
MeR~aRa T ~94+T ~Ae same Be4R~ SBap~e~ 38 e~ ~Be ea4e ReY4see
Seses e~ MeR~aRaT ~94+T Title ~ of the Montana Code Annotated,
the City Commission of the City of Bozeman does hereby create and
establish a joint City-County Planning Board as provided in said
Ae~ Title, and does by this Ordinance adopt all of the sections
of the laws of Montana aforementioned that specifically pertain
to a joint City-County Planning Board, hereby granting and
delegating to said City-County Planning Board all of the rights,
privileges, powers, duties and responsibilities thereto
appertaining.
Section 2 : The City Commission does hereby adopt ~ this
reference the language of the laws of Montana aforementioned as
4~ they specifically pertain to a joint City-County Planning
Board, in this Ordinance the same as if 4~ they were set out
herein in full.
Section 3: That in addition to the membership specified in
Section 76-1-20l Montana Code Annotated, pursuant to the
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Interlocal Agreement between the City of Bozeman and Gallatin
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County dated September 11, 1989, on file and of record both in
the offices of the Clerk of the City Commission and the Gallatin
County Clerk and Recorder, ~ long ~ the City-County Planning
Board is designated to act ~ the City of Bozeman's Zoning
Commission, the City of Bozeman shall appoint one l!l additional
member to the City-County Planning Board who must reside within
the city limits of Bozeman, Montana.
Section ~ 4: The provisions of this Ordinance are to be
considered as severable, and if any provision is found to be
unconsititutional, it is the intention of this City Commission
that the remainder be and have full force and effect.
Section 4 5: Ordinance No. 780 of the City of Bozeman and
all other Ordinances and part of Ordinances in conflict herewith
are hereby repealed.
Section 3
Repealer. All ordinances and parts thereof in conflict
herewith are hereby repealed and that the following ordinances
and parts thereof and all subsequent amendments thereto be, and
the same are hereby specifically repealed thereby having the
effect of abolishing the existing City Zoning Commission upon the
effective date of this ordinance:
Ordinance No. 928, entitled "AN ORDINANCE OF THE CITY OF
BOZEMAN CREATING A CITY OF BOZEMAN ZONING COMMISSION,
ESTABLISHING COMPOSITION OF THE COMMISSION, TERMS OF COMMISSION
MEMBERS AND DUTIES OF THE CITY OF BOZEMAN ZONING COMMISSION"
enacted on May 2, 1973, and codified as Chapter 2.68 of the
Bozeman Municipal Code.
Ordinance No. l0l2, entitled "AN ORDINANCE AMENDING SECTION
2.30.020 OF THE BOZEMAN MUNICIPAL CODE RELATING TO MEMBERSHIP,
APPOINTMENT AND QUALIFICATIONS OF THE ZONING COMMISSION OF THE
CITY OF BOZEMAN" enacted on August 23, 1978, and as codified in
section 2.30.020 of the Bozeman Municipal Code.
Ordinance No. 1156, entitled "AN ORDINANCE OF THE CITY OF
BOZEMAN, MONTANA, AMENDING SECTION 2.68.020 OF THE BOZEMAN
MUNICIPAL CODE; PROVIDING FOR THE ZONING COMMISSION" enacted on
March 12, 1989, and as codified as section 2.68.020 of the
Bozeman Municipal Code.
Section IV
Savings Provision. This ordinance does not affect rights and
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duties that matured, penalties that were incurred or proceedings
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that were begun before the effective date of this ordinance.
Section V
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.
PROVISIONALLY PASSED AND ADOPTED by the City Commission of
the City of Bozeman, this 30th day of October, 1989.
ATTEST:
~. i-l~
Clerk of the Commission
FINALLY PASSED AND ADOPTED by the City Commission of the ."1
City of Bozeman, Montana, this 13th day of November, 1989, and i
effective thirty (30) days thereafter.
RoL<<4
Mayor Pro Tempore
ATTEST:
r9~'/ ~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
,.~t:L-
City Attorney
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