HomeMy WebLinkAboutOrdinance No. 1761, Amending Title 18 of the Bozeman Municipal Code, Unified Development Ordinance1'
ORDINANCE NO. 1761
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING TITLE 18 OF THE BOZEMAN MUNICIPAL CODE (THE
UNIFIED DEVELOPMENT ORDINANCE) REVISING DEVELOPMENT
PROCEDURES, AMENDING AND ESTABLISHING DEFINITIONS, ESTABLISHING
CATEGORIES OF USES, AND AMENDING DEVELOPMENT STANDARDS.
WHEREAS, the City of Bozeman has adopted a Unified Development Ordinance
which establishes common standards for both zoning and subdivision development; and
WHEREAS, the proposed Unified Development Ordinance text amendment
application has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission and Bozeman Planning Board held a
joint public hearing on Apri121, 2009 to receive and review all written and oral testimony on the
request for a Unified Development Ordinance text amendment; and
WHEREAS, as shown in Zoning Commission Resolution Z-08041, the Bozeman
Zoning Commission recommended to the Bozeman City Commission that some of the Unified
Development Ordinance text amendments be approved and others not be approved; and
WHEREAS, as shown in Planning Board Resolution Z-08041, the Bozeman Planning
Board recommended to the Bozeman City Commission that some of the Unified Development
Ordinance text amendments be approved and others not be approved; and
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WHEREAS, after proper notice, the City Commission held it's public hearing on May
11, 2009, to receive and review all written and oral testimony on the request for a text
amendment to the Unified Development Ordinance; and
WHEREAS, the City Commission has reviewed and considered the relevant Unified
Development Ordinance text amendment criteria established in Section 76-2-304, M.C.A., and
found the proposed Unified Development Ordinance text amendment to be in compliance with
the purposes of the title as locally adopted in Section 18.02.040, BMC; and
WHEREAS, the City Commission has reviewed and considered the purposes of
subdivision regulations established in Sections 76-3-102 and 76-3-501 M.C.A. and locally
incorporated in Section 18.02.040, Unified Development Ordinance, and found the proposed
Unified Development Ordinance text amendment to be in compliance with the purposes of
Section 18.02.040, BMC; and
WHEREAS, at its public hearing held on May 11, 2009, the City Commission saw
that additional time was required to consider the proposed Unified Development Ordinance text
amendment and continued the public hearing; and
WHEREAS, at its continued public hearing held on June 22, 2009, the City
Commission found that the proposed Unified Development Ordinance text amendment with
revisions as directed by the City Commission would be in compliance with Bowman's adopted
growth policy and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, upon a vote of to ,that:
Section 1
Chapter 18.16 of the Unified Development Ordinance be amended as follows:
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See Exhibit A
Section 2
Chapter 18.18 of the Unified Development Ordinance be amended as follows:
See Exhibit B
Section 3
Chapter 18.20 of the Unified Development Ordinance be amended as follows:
See Exhibit C
Section 4
Chapter 18.28 of the Unified Development Ordinance be amended as follows:
See Exhibit D
Section 5
Chapter 18.34 of the Unified Development Ordinance be amended as follows:
See Exhibit E
Section 6
Chapter 18.38 of the Unified Development Ordinance be amended as follows:
See Exhibit F
Section 7
Chapter 18.40 of the Unified Development Ordinance be amended as follows:
See Exhibit G
Section 8
Chapter 18.42 of the Unified Development Ordinance be amended as follows:
See Exhibit H
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Section 9
Chapter 18.46 of the Unified Development Ordinance be amended as follows:
See Exhibit I
Section 10
Chapter 18.52 of the Unified Development Ordinance be amended as follows:
See Exhibit J
Section 11
Chapter 18.56 of the Unified Development Ordinance be amended as follows:
See Exhibit K
Section 12
Chapter 18.62 of the Unified Development Ordinance be amended as follows:
See Exhibit L
Section 13
Chapter 18.64 of the Unified Development Ordinance be amended as follows:
See Exhibit M
Section 14
Chapter 18.72 of the Unified Development Ordinance be amended as follows:
See Exhibit N
Section 15
Chapter 18.74 of the Unified Development Ordinance be amended as follows:
See Exhibit O
Section 16
Chapter 18.76 of the Unified Development Ordinance be amended as follows:
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See Exhibit P
Section 17
Chapter 18.78 of the Unified Development Ordinance be amended as follows:
See Exhibit Q
Section 18
Chapter 18.80 of the Unified Development Ordinance be amended as follows:
See Exhibit R
Section 19
Severability.
If any provision 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 20
Savings Provision.
This ordinance does not affect the rights of duties that matured, penalties and assessments
that were incurred or proceedings that began before the effective date of this ordinance.
Section 21
The effective date is August 8, 2009.
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PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a
regular session thereof held on the 22nd day of June 2009.
ATTEST:
T Y ME ,CMC
city
~~) ''•~
G~ ~
KAAREN JACOBSON
Mayor
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading, at a regular session thereof held on the 6th day of July
2009.
ATTEST:
TA LME ,CMC
City C erk
~ ~~
~ ,~.,
~<~ r~:..z,. .
K1~AREN JACOBSON
Mayor
APPROVED AS TO FORM:
R ULLIVAN
City Attorney
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