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HomeMy WebLinkAboutOrdinance 2031 for Zoning Application withdrawal - 9-13-2019 Page 1 of 5 ORDINANCE NO. 2031 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING SECTION 38.230.140 OF THE BOZEMAN MUNICIPAL CODE TO ESTABLISH PROCEDURES FOR ABANDONING AN APPROVED ZONING PROJECT AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Section 76-2-304, MCA; and WHEREAS, the City approves projects through its zoning authority and landowners and other citizens rely upon such approvals; and WHEREAS, uncertainty in the status of approvals may create difficulty for reviewing other projects which may be affected by approved projects; and WHEREAS, it is in the interests of the City and public welfare to establish a common procedure for a landowner to abandon an approved project explicitly to lessen uncertainty. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That section 38.230.140 of the Bozeman Municipal Code be amended as follows: Sec. 38.230.140. - Final plan. A. If the review authority is the city commission, no later than six months after the date of the commission's approval of the plan, the applicant must submit to the community development Ordinance xxxx, Amending Chapter 38 of the Bozeman Municipal Code to Increase Time Periods for Plan Review Page 2 of 5 department a final plan. The number of copies of the final plan to be submitted is established by the director of community development. The final plan must contain the materials required in sections 38.220.080 and 38.220.090 and whatever revisions to the preliminary site plan or master site plan are required to comply with any conditions of approval. Prior to the passage of six months, the applicant may seek an extension of not more than an additional six months from the director of community development. B. In addition to the materials required in subsection A of this section, the applicant must submit a certification of completion and compliance stating that they understand any conditions of approval and the submitted final plans have complied with any conditions of approval or corrections to comply with code provisions. C. If a plan is fully compliant with all applicable standards the review authority may approve the final plan after the close of the public comment period. In addition to the materials required in subsections A and B of this section, the owner must submit a statement of intent to construct according to the final plan. Such statement must acknowledge that construction not in compliance with the approved final plan may result in delays of occupancy or costs to correct noncompliance. D. Following approval of a final plan, the approval of the final plan is effective for one year. Prior to the passage of one year, the applicant may seek an extension of not more than one additional year. In such instances, the director of community development must determine whether the relevant terms of this chapter and circumstances have significantly changed since the initial approval. If relevant terms of this chapter or circumstances have significantly changed, the extension of the approval may not be granted. E. Following approval of a final master site plan, approval of the final master site plan is effective for not less than three but not more than five years with the initial duration to be specified during the final action of the review authority. Owners of property subject to the master site plan may seek extensions to not exceed five years. Approval of an extension must be granted if the director of community development determines the criteria of subsection F of this section are met. F. Any request for an extension must be in writing and be dated and signed by the owner of the undeveloped area or incomplete development for which the extension is sought. More than one extension may be requested for a particular development. Each request must be considered on its individual merits. An extension of the development approval under this division 38.230 does not extend other city or non-city agency approvals, e.g. for design of infrastructure extensions, necessary to complete the project. When evaluating an extension request, the city must consider: 1. Changes to the development regulations since the original approval and whether the development as originally approved substantially complies with the new regulations; 2. Progress to date in completing the development as a whole and any phases; 3. Phasing of the development and the ability for existing development to operate without the delayed development; 4. Dependence by other development on any public infrastructure or private improvements to be installed by the development; Ordinance xxxx, Amending Chapter 38 of the Bozeman Municipal Code to Increase Time Periods for Plan Review Page 3 of 5 5. For extensions of approval greater than one year, the demonstrated ability of the developer to complete the development; 6. Overall maintenance of the site; and 7. Whether mitigation for impacts of the development identified during the preliminary plan review remain relevant, adequate, and applicable to the present circumstances of the development and community. G. Upon approval of the final plan by the community development director the applicant may obtain a building permit as provided for by division 38.220 of this chapter. 1. Subsequent site plan approvals are required to implement a master site plan, and approval of a master site plan only does not entitle an applicant to obtain any building permits. H. Prior to the expiration of an approved plan, but not later than beginning of construction, a landowner may request to abandon approval of an application which has received final approval per this section. 1. Such a request for abandonment must be in writing to the director of community development, must clearly identify the project by the city’s assigned application number, and must clearly state that the landowner is abandoning the application and all associated rights and privileges. The director of community development may establish standards for the content, form, and supporting materials to be included in a request to abandon an approval. 2. The director of community development may approve such an abandonment in writing. 3. An application abandoned under this section is void. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other Ordinance xxxx, Amending Chapter 38 of the Bozeman Municipal Code to Increase Time Periods for Plan Review Page 4 of 5 provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall be codified as indicated in Section 1. Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___th day of ___________, 2019. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk Ordinance xxxx, Amending Chapter 38 of the Bozeman Municipal Code to Increase Time Periods for Plan Review Page 5 of 5 FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2019. The effective date of this ordinance is ______________, 2019. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney