HomeMy WebLinkAboutOrdinance 02- 1576 Extension of interim ordinance prohibiting retail or wholesale structures 50,000 sq ft or larger
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ORDINANCE NO. 1576
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, EXTENDING THE URGENCY INTERIM ZONING ORDINANCE, AS
ORIGINALLY ADOPTED BY ORDINANCE NO. 1561, TO PROHIBIT USES OF
WHOLESALE OR RETAIL STRUCTURES THAT ARE EQUAL TO OR GREATER
THAN 50,000 GROSS SQUARE FEET, FOR A PERIOD OF ONE (1) YEAR FROM
THE EFFECTIVE DATE OF THIS ORDINANCE OR UNTIL AN ORDINANCE
SUPPLANTING THIS ORDINANCE BECOMES EFFECTIVE, WHICHEVER
OCCURS FIRST.
Preamble
This ordinance is to protect the public peace, property, health and safety by
extending Urgency Interim Zoning Ordinance No. 1561. The extension of the
urgency interim zoning ordinance is necessary to accommodate the continuing
development of revisions to the zone code and to prohibit uses which may be
in conflict with the contemplated zoning proposals which the City Commission
is studying.
WHEREAS, on the 25th day of March 2002, the City Commission adopted Ordinance No. 1561,
prohibiting uses of wholesale or retail structures that are equal to or greater than 50,000 gross square feet;
and
WHEREAS, on the 25th day of March 2002, the City Commission appointed a task force to
research options for regulating wholesale or retail structures that are equal to or greater than 50,000 gross
square feet; and
WHEREAS, on the 29th day of July 2002, the task force recommendations were submitted to the
City Commission; and
WHEREAS, on the 29th day of July 2002, the City Commission directed staff to proceed with
drafting of possible revisions to the zone code; and
WHEREAS, the possible revisions are still being drafted; and
WHEREAS, it is in the best interests of the community to retain the urgency interim zoning
ordinance until the revisions can be completed and adopted.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana, that:
Section 1
Pursuant to Section 76-2-306, et seq., Montana Code Annotated, the urgency interim zoning
ordinance of the City of Bozeman, originally adopted by the City Commission at their regular meeting held
on the 25th day of March 2002, shall hereby be extended for a period of one hundred eighty (180) days from
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the date of adoption of this ordinance or until an ordinance supplanting this ordinance becomes effective,
whichever occurs first.
Section 2
Repealer.
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in
conflict herewith are hereby repealed.
Section 3
Severability.
If any provisions of this ordinance or the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect
without the invalid provision or application and, to this end, the provisions of this ordinance are declared to
be severable.
Section 4
Savings Provision.
This ordinance does not affect the rights of duties that matured, penalties and assessments that
were incurred or proceedings that begun before the effective date of this ordinance.
Section 5
Effective Date.
This ordinance shall be in full force and effect immediately upon adoption.
PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 23rd day of September 2002.
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ATTEST: - ~
S~ R. KI FF, Mayor
~J~
ROBIN L. SULLIVAN
Clerk of the Commission
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