HomeMy WebLinkAboutOrdinance 90- 1308, Amends Ord. 1303, interim zoning ordinance
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ORDINANCE NO. 1308
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, PURSUANT TO SECTION 76-2-306,
MONTANA CODE ANNOTATED, AMENDING' ORDINANCE NO. 1303,
THE INTERIM ZONING ORDINANCE, BY REVISING THE USE
LISTS CONTAINED THEREIN, BY AMENDING DEFINITIONS AND
ADD I NG NEW DEFINITIONS, BY ESTABLISHING PROCEDURES
FOR SITE PLAN AMENDMENTS AND THE RE-USE OF EXISTING
FACILITIES, BY MODIFYING PUD PROCEDURES, BY AMENDING
THE ZONE CODE MAP BY REZONING THE EVANGELICAL CHURCH
ANNEXATION DESCRIBED BY CERTIFICATE OF SURVEY NO.
1328 FROM THE "AS" ZONE TO THE "R-3" ZONE AND CERTIFI-
CATE OF SURVEY NO. 1245A FROM THE "AS" ZONE TO THE
"PLlII ZONE, AND BY REZONING BRENTWOOD SUBDIVISION AND
LOTS 1 , 2, 3, 4 and 5 OF BLOCK 6 OF ANNIE SUBDIVISION
FROM "RMH" TO IR-2A", WITH SAID AMENDMENTS TO THE
INTERIM ZONING ORDINANCE BEING EFFECTIVE WITHIN THE
CITY LIMITS OF THE CITY OF BOZEMAN AND ONE (1 ) MILE
BEYOND THE CORPORATE BOUNDARIES OF THE CITY FOR A
PERIOD OF SIX (6) MONTHS FROM THE EFFECTIVE DATE OF
ORDINANCE NO. 1303.
Preamble
The purpose of this ordinance is to protect the pub I ic safety,
health, and welfare through the adoption, as an urgency mea-
sure, an amended 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 12th day of February 1990, the Bozeman City Commis-
sion adopted Ordinance No. 1303, establishing an interim zoning ordinance; and
WHEREAS, several problems have surfaced in staff attempts to implement
the interim zoning ordinance; and
WHEREAS, amendments are needed to various sections of the interim zon-
ing ordinance to allow staff to adequately implement the interim zoning ordi-
nance during its period of effectiveness; 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) mi Ie beyond its limits; and
WHEREAS, the City of Bozeman currently enforces its existing zone code
up to three (3) miles beyond its limits; and
WHEREAS, the City of Bozeman, by enacting the interim zoning ordi-
nance and the proposed amendments thereto, does not waive any of its extra-
territorial zoning jurisdiction currently enforced by it under Ordinance No. 935
as amended.
NOW, THEREFORE, BE IT ORDAI NED 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 inter-
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im zoning ordinance of the City of Bozeman shall be amended, as set forth in
Exhibit "A", dated March 16, 1990, attached hereto and made a part hereof by
this reference, 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.
Sect ion 2
Said amendments shall be effective upon passage and shall continue to be
in full force and effect during the effective period of the interim zoning ordi-
nance, which was adopted by the City Commission at their regular meeting of
February 12, 1990.
Section 3
All City ordinances and pa r ts 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 city's limits and up to three (3) miles be-
yond the city's limits, shall remain in full force and effect; the interim zoning
ordinance having no effect therein.
Section 4
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Savings Provision. This ordinance does not affect rights and duties that
matured, penalties that were incurred or proceedings that were begun before t
the effective date of this ordinance.
Sect ion 5
Severability. If any provision of this ordinance is declared unconstitu-
tional, or the appl icability thereof to any person or circumstance is held inval-
id, the constitutional ity of the remainder of the ordinance and appl icabil ity
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 , 1990.
ayor
ATTEST:
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Clerk of the Commission
APPROVED AS TO FORM:
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City Attorney