HomeMy WebLinkAboutOrdinance 02- 1582 Revises subdivision regulations
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ORDINANCE NO. 1582
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING A NEW SUBDIVISION ORDINANCE TO BRING THE
CITY'S SUBDIVISION REGULATIONS INTO COMPLIANCE WITH STATE
STATUTE AND INTO CONFORMANCE WITH THE RECENTLY ADOPTED
MUNICIPAL GROWTH POLICY.
WHEREAS, on October 22,2001, the City Commission adopted Resolution No. 3486, adopting
the Bozeman 2020 Community Plan, a growth policy in compliance with Title 76, Chapter 1 , Part 6, MCA;
and
WHEREAS, Sections 76-1-605(3) and 76-3-504(1), MCA, require subdivision regulations to be in
accordance with a growth policy; and
WHEREAS, the City Commission determined that amendments to the subdivision regulations are
needed to bring the City's subdivision regulations into compliance with state statute and the adopted growth
policy; and
WHEREAS, other miscellaneous amendments to the subdivision regulations were required to
clarify or formalize City of Bozeman policies; and
WHEREAS, amendments to the subdivision regulations were drafted for consideration by the
public, advisory bodies, and elected officials; and
WHEREAS, the draft amendments were the subject of a public hearing before the Planning Board
on September 4, 2002; and
WHEREAS, the Planning Board forwarded a recommendation of text revisions to the City
Commission for their consideration as required by Section 16.30.020, Bozeman Municipal Code; and
WHEREAS, the City Commission held public hearings to take public testimony and consider the
recommendation of the Planning Board on September 16, 2002 and September 23, 2002; and
WHEREAS, the City Commission found that the amendments as recommended by the Planning
Board with certain minor changes were desirable to help bring the subdivision regulations into compliance
with state statute and the City's adopted growth policy; and
WHEREAS, the City Commission voted to adopt and implement the proposed revisions to the
subdivision regulations to bring the regulations into full compliance with state statute and conformance with
the adopted growth policy.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana, that:
Section 1
Title 16 of the Bozeman Municipal Code be replaced in its entirety by a newly revised subdivision
ordinance and that the newly revised Title 16 shall read as follows:
See Exhibit A.
Section 2
ReDealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
Section 3
Savinas Provision. This ordinance does notaffectthe rights and duties that matured. penalties
that were incurred or proceedings that were begun before the effective date of this ordinance.
Section 4
Severabilitv. If any portion of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which may
be given effect without the invalid provisions or application and, to this end, the provisions ofthis ordinance
are declared to be severable.
Section 5
Effective Date. This ordinance shall be in full force and effect thirty (30) days after final
adoption.
PASSED by the City Commission of the City of Bozeman. Montana on first reading at a regular
session thereof held on the 7th day of October 2002.
A-~
STEVEN R. KI C OFF, Mayor
ATTEST:
()~OI ~
ROBIN L. SULLIVAN
Clerk of the Commission
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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 day of October
2002.
ATTEST: STd-R~
~./h~
R N L. SULLIVAN
Clerk of the Commission
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