HomeMy WebLinkAboutOrdinance 90- 1317, Amends Ord. 1303, interim zoning ordinance (3)
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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
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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-
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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:
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L.~U N
Clerk of the Commission
AP,OVED AS~ FOR'.. .
~CK~
City Attorney
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