Loading...
HomeMy WebLinkAboutOrdinance 90- 1317, Amends Ord. 1303, interim zoning ordinance (3) ~ .- , ORDINANCE NO. 1317 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PURSUANT TO SECTION 76-2-306, MONTANA CODE ANNOTATED, AMENDING THE INTERIM ZONING ORDINANCE, AS ORIGINALLY ADOPTED THROUGH ORDINANCE NO. 1303, AND AS AMENDED BY ORDI NANCE NOS. 1308 AND 1314, BY EXTENDING THE EFFECTIVE DATE OF SAID PRO- VISIONS, AND TO REMAIN 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 ONE (1) YEAR FROM THE EFFECTIVE DATE OF THIS ORDINANCE OR UNTIL THE ORDINANCE ADOPTING THE FINAL ZONE CODE BECOMES EFFECTIVE, WHICHEVER OCCURS FIRST. Preamble The purpose of this ordinance is to protect the public 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 zon ing 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, on the 2nd day of July 1990, the Bozeman City Commission adopted Ordinance No. 1314, amending said ordinances to address additional is- sues that had arisen; and WHEREAS, staff continues to prepare the final zone code; however, that process has not yet been completed; and WHEREAS, Ordinance No. 1303, as amended, establishing the interim zoning ordinance, expires on August 12, 1990; and WHEREAS, it is in the best interests of the community to retain the in- terim zoning ordinance until the final zone code can be completed and adopted; and WHEREAS, the statutory requirements for extension of the interim zoning ordinance, as set forth in Section 76-2-303 and 76-2-306, M.C.A., have been met; 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 ~..._'" ,:~,~ t, '~~ 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 in- terim zoning ordinance, as amended, of the City of Bozeman shall be amended by extending the effective date of said interim zoning ordinance, as amended, which is hereby attached as Exhibit "A", and made a part hereof by this ref- erence, 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, which was originally adopted by the City Commission at their regular meeting of February 12, 1990, shall hereby by ex- tended for a period of one (1) year from the date of adoption of this ordinance or until the ordinance adopting the final zone code becomes effective, whichever occurs first. 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. Section 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 inval- - 2 - - ...u: (,. - .. id, 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 ATTEST: ~p7~ L.~U N Clerk of the Commission AP,OVED AS~ FOR'.. . ~CK~ City Attorney , . . , - 3 - !\~',~