Loading...
HomeMy WebLinkAboutOrdinance 91- 1328, Amends Ord. 1303, interim zoning ordinance (5) . . ~ ORDINANCE NO. 1328 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 ORDINANCE NOS. 1308, 1314, 1317 and 1322 BY EXTEND I NG THE EFFECTIVE PERIOD THERE- OF, CAUSING SAID ORDINANCE TO REMAIN IN EFFECT 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 EXPIRATION DATE OF ORDINANCE NO. 1303, AS EXTENDED BY ORDINANCE NO. 1317, 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 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, 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, on the 6th day of August 1990, the Bozeman City Commission adopted Ordinance No. 1317, extending the effective period of the interim zoning ordinance, as amended, for a period of one year; and WHEREAS, on the 25th day of February 1991, the Bozeman City Commis- sion adopted Ordinance No. 1322, amending said ordinances to address addi- tional issues 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 and extended, establishing the interim zoning ordinance, expires on August 12, 1991; 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) 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 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, Montana, a copy of which is attached hereto as Exhibit A and made a part hereof by this refer- ence, be and the same is hereby amended by extending the effective period for an additional period of six (6) months from the expiration date of Ordinance No. 1303, as extended by Ordinance No. 1317, or until the ordinance adopting the final zone code becomes effective, whichever occurs first. Section 2 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 ord inance having no effect therein. Section 3 Savings Provision. This ordinance does not affect rights and duties that matu red, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 4 Severabil ity . If any provision of this ordinance is declared unconstitu- tional, or the applicability thereof to any person or circumstance is held inval- - 2 - - ~ >~ 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: ~.~~ Clerk of the Commission - 3 -