HomeMy WebLinkAbout19- Ordinance 2031 Amending Chapter 38 to Establish Procedures for Abandoning an Approved Zoning Project s�
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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
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Ordinance 2031,Amending Chapter 38 of the Bozeman Municipal Code to Authorize Abandonment of Zoning Applications
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 3 8.23 0
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;
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Ordinance 2031,Amending Chapter 38 of the Bozeman Municipal Code to Authorize Abandonment of Zoning Applications
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 b t� 's assigned application number,
and must clearly state that the landowner is abandoningthe he 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
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Ordinance 2031,Amending Chapter 38 of the Bozeman Municipal Code to Authorize Abandonment of Zoning Applications
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.
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Ordinance 2031,Amending Chapter 38 of the Bozeman Municipal Code to Authorize Abandonment of Zoning Applications
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 281h day of October, 2019.
ATTEST:
IC HI NDRUSor
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ROBIN CROUCH * • ',,`T` ,�''
City Clerk 1 " . -J•� '
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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 18th of
November, 2019. The effective date of this ordinance is December 18, 2019.
CYNT A L. A DRUS
Mayor
ATTEST:
O ZE
ROBIN CROUGH �" � •
City Clerk V�.L�•'� �+::.•��
9LLATiN �°: APPROVED AS TO FORM:
SULLIVAN
City Attorney
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