HomeMy WebLinkAbout22258 Repeal CUP amendments - web noticeNOTICE OF PUBLIC HEARINGS TO CONSIDER ORDINANCE 2124, A TEXT AMENDMENT TO REPEAL SECTION 38.230.110 CONDITIONAL USE PERMIT,
AMENDING 38.230.120 SPECIAL USE PERMIT TO ADD CRITERIA AND PROCESSES PREVIOUSLY INCLUDED BY REFERENCE, TO AMEND DIVISION 38.310 PERMITTED USES TO REASSIGN REVIEW PROCESS FOR INDIVIDUAL LAND USES, AND RELATED AMENDMENTS TO MULTIPLE SECTIONS OF THE BOZEMAN MUNICIPAL CODE TO REFLECT THE REMOVAL OF THE CONDITIONAL USE PERMIT PROCESS INCLUDING
SECTIONS 38.200.010, 38.200.100, 38.200.140, 38.200.160, 38.210.010, 38.220.410, 38.220.420, 38.230.030, 38.230.090, 38.230.010, 38.250.070, 38.250.100, 38.280.010, 38.280.020, 38.280.040, 38.300.110, DIVISION 38.310 PERMITTED USES, 38.340.040, 38.350.030, 38.360.010 , 38.360.230, 38.370.020, 38.370.030, 38.370.040, 38.540.020, 38.560.060, 38.570.110, 38.700.040, 38.700.150 AND SETTING AN EFFECTIVE DATE, APPLICATION 22258.
The City of Bozeman provides notice of a proposal to amend its land use and development regulations, the Unified Development Code (UDC), Chapter 38 BMC. The proposed text amendments are described below.
On Monday, September 19, 2022 at 6:00 p.m., the Community Development Board acting in their capacities as the Zoning Commission will conduct a public hearing on these amendments to municipal code in the Commission Room at City Hall, 121 N. Rouse Ave. Bozeman MT. Members of the public will also be able to participate in person and remotely via WebEx. Instructions for joining the WebEx
meeting will be included on the meeting agenda which is published on the City’s website at least 48
hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings. On Tuesday, October 4, 2022 at 6:00 p.m., The City Commission will conduct a public hearing on these amendments to the municipal code in the Commission Room at City Hall, 121 N. Rouse Ave.
Bozeman MT. Members of the public will also be able to participate in person and remotely via
WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings.
The purpose of the public hearings is to consider the proposed amendments as requested by the
applicant, City of Bozeman, PO Box 1230, Bozeman MT 59771. The amendments will:
1. Repeal Section 38.230.110, Conditional Use Permit, in its entirety. This removes a review process for development that required a public hearing before approval.
2. Amend Section 38.200.010, Review Authority, to remove conditional use permits from the types
of applications reviewed by the City Commission.
3. Amend Section 38.230.120, Special Use Permit, to move review criteria and procedures to the section that were previously incorporated by reference to conditional use permit wording. The Special Use process provides opportunity for public comment and for the City to establish conditions unique to an individual project to address areas of concern identified during the
review process. Special Use Permits remain an administrative review.
4. Amend Division 38.310 Permitted Uses, to change in all zoning districts conditional uses to
special uses or principal uses necessitated by the deletion of the conditional use process. No new
uses are added and no existing uses are being deleted by these amendments.
5. Reflect throughout all of Chapter 38, Unified Development Code, the removal of the conditional use process and the change to special use or principal use processes to review permitted uses.
This application is evaluated against the requirements and purposes of zoning set in state law in Title 76
Chapter 2, Section 304, Montana Code Annotated. Approval or contingent approval may be granted if the
City Commission determines all applicable criteria are met. The public may comment orally at the public hearings or in writing at or prior to the public hearings regarding compliance of this application with the required criteria. Comments should identify the specific
criteria of concern along with facts in support of the comment. During the notice period the City will
continue review for compliance with applicable regulations. At the City Commission’s public hearing the City Commission may act to approve, modify, or reject the proposal or continue the public hearing to another date. The City Commission may revise any of the proposed actions referred to in this notice during the public hearing process.
The City will accept written protests from property owners against the zoning provisions of the proposal referred to in this notice until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the
area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by
the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged (including the Ordinance number 2124); and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical
address), to protest the action against which the protest is lodged, including ownership of property affected
by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
The complete text of the proposal is available through the Department of Community Development, 20 E Olive Street, Bozeman MT 59715; 406-582-2260, and online at www.bozeman.net. The proposal may be revised as the public review process proceeds. Questions may be directed to the Department of Community Development, csaunders@bozeman.net or 582-2267.
The City invites the public to comment in writing and to attend the public hearings. Written comments
may be sent to the City Clerk at the City of Bozeman, P.O. Box 1230, Bozeman, MT 59771-1230. Comments may also be emailed to agenda@bozeman.net. Please reference Ordinance 2124 in all correspondence.
For those who require accommodations for disabilities, please contact Mike Gray, City of Bozeman
ADA Coordinator, 582-3232 (voice), 582-3203 (TDD).