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HomeMy WebLinkAboutOrdinance 90- 1314, Amends Ord. 1303, interim zoning ordinance (2) . ORDINANCE NO. 1314 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 ORDI NANCE, AS AMENDED BY ORDI- NANCE NO. 1308, BY REVISING CHAPTERS 18.04, 18.42, 18.43, 18.51, 18.52, 18.53, 18.54, 18.56, 18.58, 18.62 AND 18.65, WITH SAID AMENDMENTS TO THE INTERIM ZONING ORDINANCE BEING EFFECTIVE WITHIN THE CITY LIMITS OF THE CITY OF BOZEMAN AND ONE (1) MI LE BEYOND THE CORPORATE BOUN- DARIES 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 public safety, health, and welfare through the adoption, as an urgency mea- su re , 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, on the 26th day of March 1990, the Bozeman City Commission adopted Ordinance No. 1308, amending said interim zoning ordinance to address issues that had arisen; and WHEREAS, several additional problems have surfaced in staff attempts to implement the interim zoning ordinance; and WHEREAS, amendments are needed to additional sections of the interim zoning 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) mile 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 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 inter- im zoning ordinance of the City of Bozeman shall be amended, as set forth in Exhibit "A", attached hereto and made a part hereof by this reference, regu- ",," .r". _"::i<... . lating and prohibiting certain uses of land within the City of Bozeman and with- in an area one (1) mile beyond the corporate boundaries of the City of Bozeman. Section 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 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 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. 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 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 ~: ~ I OLi~ Clerk of the Commission QVED AS T~ U E E. SECKER City Attorney - 2 - -~ u'.':"':'