HomeMy WebLinkAboutOrdinance 90- 1303, Interim zoning ordinance
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ORDINANCE NO. 1303
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, PURSUANT TO 76-2-306 MONTANA CODE
ANNOTATED, ESTABLISHING AS AN INTERIM ZONING ORDI-
NANCE THE DRAFT CITY OF BOZEMAN ZONING ORDINANCE
DATED JANUARY 18, 1990, AND THE DRAFT CITY OF BOZEMAN
SIGN ORDINANCE DATED JANUARY 3, 1990, AS PREPARED BY
THE CONSULTING FIRM OF BRW, INC" AND REVISED BY LO-
CAL OFFICIALS, WITH SAID INTERIM ORDINANCE EFFECTIVE
WITHIN THE CITY LIMITS 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 ORDI-
NANCE,
Preamble
The purpose of this ordinance is to protect the public safety,
health, and welfare through the adoption, as an urgency mea-
sure, an interim ordinance regulating or prohibiting certain uses
of land which may be in conflict with a contemplated zoning
proposal which the City Commission is considering or studying or
intends to study within a reasonable time,
WHEREAS, on the 26th day of June, 1989, the Bozeman City-County
Planning Board entered into a contract with the Denver-based consulting firm of
BRW, Inc, to conduct a comprehensive update of the Bozeman Area Master Plan
and a comprehensive re-write of the Bozeman Zoning Ordinance; and
WHEREAS, the City of Bozeman and Gallatin County have actively partic-
ipated with the City-County Planning Board in the administration and oversight
of its contract with BRW, Inc.; and
WHEREAS, BRW, Inc, has presented to the City-County Planning Board
a comprehensive draft update of the Bozeman Area Master Plan and a compre-
hensive draft Zoning Ordinance which the City is currently studying; and
WHEREAS, the City anticipates adoption of the proposed Master Plan
Update on or after January 29, 1990; and
WHEREAS, it is desirable and prudent to have a Zone Code in effect
which is substantially in compliance with an adopted Master Plan; and
WHEREAS, the proposed draft Zoning Ordinance is in substantial compli-
ance with the Updated Master Plan by encouraging excellence in development
through creative site planning, landscaping, signage design, architectural
consideration, traffic analysis, streaml ined administrative procedures, increased
flexibility, and opportunity for public participation throughout the review
process; and
WHEREAS, it is the City.s intention to hold a public hearing on the
proposed comprehensive draft Zoning Ordinance, and consider its adoption on a
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permanent basis, after receiving an appropriate recommendation from the City-
County Planning Board, possibly as early as February of 1990; and
WHEREAS, during the interim period in which the City considers the
permanent adoption of the proposed draft Zoning Ordinance, land use develop-
ments could occur under the existing City Zoning Ordinance which could be in
conflict with the intent and provisions of the proposed draft Zoning Ordinance;
and
WHEREAS, while the City considers adoption of the proposed draft
Zoning Ordinance, it would be desirable to implement the proposed draft Zoning
Ordinance on an interim basis to provide an opportunity for development to
occur under a more streamlined and flexible system of land use regulation; and
WHEREAS, implementing the proposed draft Zoning Ordinance on an
interim basis would provide an opportunity for public officials and administra-
tors to evaluate the effectiveness of provisions set forth therein, and to identi-
fy any modifications which should be made prior to further consideration of the
proposed draft Zoning Ordinance for formal adoption by the City; and
WHEREAS, Section 76-2-306, M.C.A" limits the City's authority under
an interim zoning ordinance by restricting its applicability to the City's limits
and up to one (1) mile beyond its limits; and
WHEREAS, the City of Bozeman currently enforces its existing zone code
up to three (3) mi les beyond its limits; and
WHEREAS, the City of Bozeman, by enacting this interim zoning ordi-
nance, does not waive any of its extraterritorial zoning jurisdiction currently
enforced by it.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOZEMAN, MONTANA THAT:
Section 1
Pursuant to Section 76-2-306 et seq, Montana Code Annotated, the
proposed draft City of Bozeman Zoning Ordinance dated January 18, 1990 and
the proposed draft City of Bozeman Sign Ordinance dated January 3, 1990 are
hereby adopted as an Interim Zoning Ordinance regulating and prohibiting
certain uses of land within the City of Bozeman and within an area one (1) mile
beyond the corporate boundaries of the City of Bozeman.
Section 2
Said Interim Zoning Ordinance shall be effective for a period of not more
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than six (6) months from the date of adoption thereof.
Section 3
All City ordinances and parts thereof in conflict herewith are hereby
temporarily superceded by this ordinance for the time period as described in
Section 2 above, insofar as said ordinances or parts thereof may apply to the
City of Bozeman and in the area of land up to one (1) mile beyond the city's
limits; but said ordinances and parts thereof, insofar as they may apply to that
area of land one (1) mile beyond the city1s limits and up to three (3) miles
beyond the city's limits, shall remain in full force and effect; the interim zoning
ordinance having no effect therein.
Sect ion 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, If any provision of this ordinance is declared unconstitu-
tional, or the applicability thereof to any person or circumstance is held in-
valid, the constitutionality of the remainder of the ordinance and applicability
thereof to other persons and circumstances shall not be affected thereby,
,
PASSED AND ADOPTED BY THE CITY COMMISSION of the City of .'
Bozeman at a regular session thereof held on the 12th day of
February , 1990.
ATTEST:
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Clerk of the Commission
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Commission will con-
duct a public hearing on a proposed interim zoning ordinance at its
regular meeting to be held at 7:00 p,m, on Monday, January 29, 1990,
in the Community Room of the Gallatin County Courthouse, Said pro-
posed interim zoning ordinance is comprised of the draft sign code
dated January 3, 1990 and the zone code, includ ing the historic pres-
ervation section, dated January 18, 1990.
Copies of said ordinance, and accompanying maps, shall be avail-
able for review during regular business hours at the City-County Plan-
ning Office, 35 North Bozeman Avenue; the Clerk of the Commission's
office, 411 East Main Street; and the Bozeman Public Library, 220 East
Lamme Street, during regular business hours. Personal copies of the
referenced zone code documents may be purchased, at cost, from I nsty
Prints, 29 South Tracy Avenue, Bozeman.
Any and all questions on the subject documents may be submit-
ted to the City-County Planning Office, telephone 586-3321, during reg-
ular business hours,
Any and all interested persons are invited and encouraged to
attend the public hearing on January 29, and submit testimony in sup-
port of or in opposition to adoption of the interim zoning ordinance,
Written comments will be accepted until the close of the public hearing,
ROBIN L, SULLIVAN
Clerk of the City Commission
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Publ ish: Sunday, January 21, 1990