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HomeMy WebLinkAboutOrdinance 89- 1293 Interim zoning ordinance prohibiting erection of new off-premises signs and the conversion of portable signs to permanent signs ~ . ORDINANCE NO. 1293 AN ORDINANCE OF THE CITY COMMISSION OF BOZEMAN, MONTANA, PURSUANT TO SECTION 76-2-306, MONTANA CODE ANNOTATED, ESTABLISHING AN INTERIM ZONING ORDINANCE PROHIBITING THE ERECTION OF OFF-PREMISE SIGNS AND THE CONVERSION OF PORTABLE SIGNS TO PERMANENT SIGNS WITH- IN THE CITY LIMITS OF THE CITY AND WITHIN ONE (1) MILE BEYOND THE CORPORATE BOUNDARIES OF THE CITY FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE. PREAMBLE The purpose of this ordinance is to protect the public health, safety and welfare through the adoption, as an urgency measure, an interim ordinance prohibiting certain uses which may be in conflict with a contemplated zoning proposal which the City Com- mission is considering or studying or intends to study within a reasonable time. WHEREAS, on February 29, 1988, the City Commission established Struc- ture, Guidelines and Objectives for an Ad Hoc Committee to Develop a Compre- hensive Sign Ordinance; and WHEREAS, the City Commission subsequently appointed twelve members to said Ad Hoc Committee to accomplish the established objectives pertaining to the development of a comprehensive sign ordinance; and WHEREAS, said Ad Hoc Committee met over the next fourteen months and produced a document entitled "Preliminary Draft Bozeman Area Sign Code" in which it is proposed that portable signs and off-premise signs as defined there- in no longer be permitted within the Bozeman Zoning Area, and that the con- version of said signs to permanent signs be strictly regulated; and WHEREAS, on June 26, 1989, the City-County Planning Board contracted with the consulting firm of BRW, Inc., to prepare, among other products, a comprehensive zoning ordinance; and WHEREAS, the comprehensive zoning ordinance as presented by BRW, Inc., includes a sign ordinance which proposes that portable signs and off-premise signs no longer be permitted in the Bozeman Zoning Area; and WHEREAS, both of the aforementioned draft sign ordinances are currently under consideration for adoption and are being studied by the Bozeman City Commission; and WHEREAS, the establishment of new off-premise signs and the conversion of portable signs to permanent signs within the Bozeman Zoning Area would be in conflict with the contemplated zoning proposals as described above. '~ . . . - 2 - NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That, pursuant to Section 76-2-306, et seq., Montana Code Annotated, an I nterim Zoning Ordinance is hereby established prohibiting the erection of new off-premise signs and the conversion of portable signs to permanent signs within the City of Bozeman and within an area one (1) mile beyond the corpo- rate boundaries of the City of Bozeman. Section 2 That said Interim Zoning Ordinance shall be effective for a period of not more than six (6) months from the date of adoption thereof. Section 3 That all City ordinances and parts thereof in confl ict herewith are here- by superceded by this ordinance for the effective time as described in Section 3 above. Section 4 Definitions. The following words used in this ordinance have the follow- ing meanings unless the context clearly indicates otherwise. A. "Off-Premise Sign" -- Any sign, including but not limited to, a billboard or general outdoor advertising device that advertises or directs atten- tion to a business, commodity, service or activity conducted, sold or offered elsewhere than on the same lot or within the same building upon which such sign is located, but not including non-commercial, public service or pol itical signs. B. "Portable Sign" -- A sign which is not permanently affixed to a permanent sign structure or building. Section 5 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 6 Severability. If any provision of this ordinance is declared unconstitu- tional, or the applicability thereof to any person or circumstance is held inval- id, the constitutionality of the remainder of the ordinance and applicability thereof to other persons and circumstances shall not be affected thereby. .. ..-: . ..... - - - 3 - PASSED AND ADOPTED b ' . y the CIty Commission of th ' thIs 6th day of e CIty of Bozeman November 1989. :Q(~~ ~ ATTEST: R M. J , ayor RCi~. ~J{d~ , Clerk of the Com . . mISSIOn -- -, - - -- - ,-,'-' - ,- B~ An Orelln.,. of ,the City. \. ComJniulOn of ~, ........ pursuant.. ..... tlon te-i-308, Mont.... CCIIlIe !lftt~at)tt of ,ublttatto\t =:~ , STATE OF MONTANA, } oor,or... . bound8riH of tM City for . County of Gallatm, ss. parIod. of abl (I) months from tM dat. of adoption of Vivie Portnell being duly sworn this ordinance. , , PREAMBLE . P i i 1 Cl k The purpose of Ihls ordinance deposes and says: That...mte IS r ne oa er isloproleclthe public health, SfllaJ)/, ~_nd wellar~Jhroughlh,e , of the Bozeman Daily Chronicle a newspaper of general circulation aQa,PIlon. a~ an yrgel1C~ !Y'8a- , , sure. an irlt..-,m ordinance . ..' prohlblllngcertain uses which pnnted and pubhshed m Bozeman, Gallatm County, Montana; and that the may be In cooftict withe corlt/lI!1Plated toning proposal . ( 0 d' N 1293 which the City CommllSiOn is notice hereunto annexed r 1.nanee o. considering or studying Or- Intends to study within a reasonabletifrle. )' City of Bozeman -' Stale of Montana has been correctly published in the regular and entire issue of every number of said p County of Gallatin I. ,Robin L. Sullivan, Clerk of - the City. Commission of the for---L- cO'nseetttive inl'lprH nn , the first of which publicati mad City 01 Bozeman, Montana, do hereby cerlify -thalttie forego- - d f N b 19 00 d th I t th iog is tlie true and cortetltllle ay 0 ovem e r ~ , an e as on e and nUmber of Ordinance NO.a.s....- ,1293. passed and adopted at _ a regular session thereof held on the 6111 day of November, - 1969, " Subscribed and sworn to before me this 9th day of ~ Noveni O'''.d thl~ 7th day Of. Nov..em.. -. lL- ( bet. 1989., . ROBIN L. SULLIVAN j .11 Clark.,of the City Commiss.ign _ , .~. ' Notary Public for the State of Montana, residing at I _ Bozeman, Montana . NOTARY PUBLlC.lor the state 01 Montana Rt ,. '1" G:)Leman. Montana I M, CO<""' ,,,"" "pi'" J"'Y 6, '990 -- "\'" :.:.;i'~.:. ~.......>>< .. . ~ , .. . NOTICE TO BOZEMAN AREA RESIDENTS NOTICE IS HEREBY GIVEN that at its regular meeting to be held at 7:00 p.m. on Monday, November 6, 1989, the Bozeman City Com- mission will conduct a public hearing on a proposed interim zoning ordinance, pursuant to Section 76-2-306, Montana Code Annotated, pro- hibiting the erection of off-premise signs and the conversion of por- table signs to permanent signs. Said ordinance would be effective within the city limits and within one mile beyond the corporate boun- daries of the city for a period of six months from the date of adop- tion. A copy of said proposed ordinance is on file in the office of the Clerk of the Commission, City Hall, 411 East Main Street, and may be reviewed during regular business hours. .. . ROBIN L. SULLIVAN Clerk of the City Commission Display Ad Publish: Monday, October 30, 1989 . .