HomeMy WebLinkAbout25- Ordinances 2025-08 - Repealing BMC Ch.2 Art.5, Divisions 4, 15, 16, 17, and 18Version February 2023
Ord 2025-08
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ORDINANCE 2025-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING
CHAPTER 2, ARTICLE 5, DIVISIONS 4, 15, 16, 17, AND 18 OF THE BOZEMAN MUNICIPAL CODE
RELATED TO THE CITY PLANNING BOARD, CITY ZONING COMMISSION, CITY BOARD OF
ADJUSTMENT, CITY WETLANDS REVIEW BOARD, AND CITY DESIGN REVIEW BOARD.
WHEREAS, the City Commission adopted Resolution 5330 establishing the Community
Development Board to serve the functions of the City Planning Board, City Zoning Commission,
and the City’s Impact Fee Advisory Committee; and
WHEREAS, the City Commission adopted Resolution 2025-62 reestablishing the duties of
the Community Development Board including serving as the City Planning Board, City Zoning
Commission, and the City’s Impact Fee Advisory Committee; and
WHEREAS, at the time the City complies with and falls under the jurisdiction of the
Montana Land Use and Planning Act (MLUPA), neither a City Planning Board or City Zoning
Commission will be authorized; instead, the City must have established a Planning Commission
to perform duties required of it under MLUPA; and
WHEREAS, the City Commission adopted Resolution 5534 declaring the Community
Development Board to be the Planning Commission under MLUPA; and
WHEREAS, the City’s development review process no longer includes a Wetlands Review
Board; and
WHEREAS, pursuant to Montana law, the City is not authorized to implement a Design
Review Board; and
WHEREAS, the City has not implemented a board of adjustment since 2012 pursuant to
Resolution 4419 wherein the City Commission dissolved the board of adjustment and reserved
to itself the powers of a board of adjustment; and
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Ordinance 2025-08, Repealing BMC Ch. 2, Art. 5, Divisions 4, 15, 16, 17 and 18
Ord 2025-08
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WHEREAS, pursuant to MLUPA, a Board of Adjustment is no longer required; and
WHEREAS, the Commission determines Montana statutory requirements under MLUPA
and statutes requiring the establishment of an impact fee advisory committee along with
resolutions establishing the Community Development Board and the Planning Commission are
sufficient to comply with state law; as such, the municipal code provisions related to the City
Planning Board, Board of Adjustment, Wetlands Review Board, Design Review Board, and the
Zoning Commission no longer being necessary to ensure the City’s compliance with Montana
law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA:
Section 1
That Chapter 2, Article 5, Division 4, entitled City Planning Board, Chapter 2, Article 5, Division
15 entitled Zoning Commission, Chapter 2, Article 5, Division 16, entitled Board of Adjustment,
Chapter 2, Article 5, Division 17, entitled Wetland Review Board, and Chapter 2, Article 5,
Division 18, entitled Design Review Board are repealed in their entirety and reserved.
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
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
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Ordinance 2025-08, Repealing BMC Ch. 2, Art. 5, Divisions 4, 15, 16, 17 and 18
Ord 2025-08
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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 provided for 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 2025-08, Repealing BMC Ch. 2, Art. 5, Divisions 4, 15, 16, 17 and 18
Ord 2025-08
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
first reading at a regular session held on the 7th day of October, 2025.
____________________________________
TERRY CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
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 21st of October,
2025, The effective date of this ordinance is November 20, 2025.
_________________________________
TERRY CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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Subject: Complete with Docusign: F.14 Ord 2025-08 Repeal_chtp_2_art_5_div_4_15_16_17_and_18_10_8_25_FINA...
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Bozeman, MT 59771
Mmaas@bozeman.net
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Terry Cunningham
tcunningham@bozeman.net
Mayor
City of Bozeman
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Greg Sullivan
gsullivan@bozeman.net
Bozeman City Attorney
City of Bozeman, Montana
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Mmaas@bozeman.net
City Clerk
City of Bozeman
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Electronic Record and Signature Disclosure created on: 7/9/2018 4:06:02 PM
Parties agreed to: Terry Cunningham, Greg Sullivan, Mike Maas
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