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HomeMy WebLinkAboutOrdinance 01- 1532, Amends §§ 18.50.030, 18.50.100 and 18.62.090, zoning ORDINANCE NO. 1532 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONT ANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE. AS AMENDED BY ORDINANCES 1513. 1514. 1516. 1524 AND 1531. WHICH ORDINANCES ARE NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE. BE AMENDED BY REVISING SECTIONS 18.50.030.D. 18.50.100.A. AND 18.62.090.A; PROVIDING FOR THE CONCURRENT INSTALLATION OF INFRASTRUCTURE IMPROVEMENTS AND CONSTRUCTION OF A SPECIFIC PROJECT UNDER SPECIFIED CIRCUMSTANCES. AND SETTING THE PARAMETERS THEREFOR. WHEREAS, the provisions of the Bozeman Municipal Code require the installation of water and sewer services prior to the issuance of a building permit; and WHEREAS, the provisions of the Bozeman Municipal Code require that all lots to be developed must have a minimum of 25 feet of frontage on an improved public street; and WHEREAS. the provisions of the Bozeman Municipal Code allow only minor site surface preparation and normal maintenance prior to the issuance of building permits; and WHEREAS, the City can continue to protect the public safety, health and welfare by allowing. under specified circumstances, the concurrent installation of infrastructure improvements and construction of a specific project; and WHEREAS, the requirement for a comprehensive plan for planned unit developments and traditional neighborhood developments assures a high degree of design coordination and supports the level of scrutiny necessary to allow the concurrent installation of infrastructure improvements and construction of a specific project. NOW. THEREFORE. BE IT ORDAINED by the City Commission of the City of Bozeman. Montana: Section 1 That Subsection D of Section 18.50.030 of the Bozeman Municipal Code be amended by adding new subsections 18.50.030.D.3 and 4, so that Section 18.50.030.D. shall read as follows: "18.50.030 Use of lands. buildings and structures. D. Water and Sewer System Requirements. 1. Whenever any building lots and/or building sites are created inside the city limits, and prior to the issuance of any building permits on such lots or sites, public central water distribution and public central sanitary sewer collection systems shall be provided to the site. Each building site must utilize and be connected to both the public central water distribution and public central sanitary sewer collection systems. 2. These improvements shall be designed, constructed and installed according to the standards and criteria as adopted by the City and ------------- approved by both the City Engineer and Water Superintendent prior to the issuance of any building permits. 9~ - 2 - - -- ------ ---- - --- Section 2 That Subsection A of Section 18.50.100 of the Bozeman Municipal Code be amended so that Section 18.50.100.A. shall read as follows: "18.50.100 Public Street Frontage Required A. Except as otherwise allowed or required by this title, no lot shall be created unless such lot abuts for at least 25 feet on a public street, and every building hereafter erected or moved shall be on a lot adjacent to an improved public street, with at least 25 feet of frontage as described above. - 3 ~ -- - IIjltIIIP~1 Section 3 That Subsection A of Section 18.62.090 of the Bozeman Municipal Code be amended so that Section 18.62.090.A. shall read as follows: " 18.62.090 Building permits and installation of improvements. The purpose of this section is to establish the requirements for the scheduling and installation of all on-site and off~site improvements which are required as per the standards set forth in this code, or which are required as a result of any conditions which may, be applied to the approval of any project through the appropriate review process. Such improvements may include but are not limited to design elements such as landscaping, parking facilities, storm drainage facilities, architectural features, pedestrian walkways, and public utilities. A. Only minor site surface preparation and normal maintenance shall be allowed prior to conditional approval by the appropriate review authority and the issuance of a building permit, providing that such activity does not include excavation for foundations or the removal of mature, healthy vegetation. Upon conditional approval by the appropriate review authority, excavation for foundations and the preparation of forms may occur, however, no concrete shall be poured and no further construction shall commence until final site or sketch plan approval has been granted and until building permits have been issued. Section 4 Repealer. All City ordinances and parts thereof in conflict herewith are hereby superseded by this ordinance. Section 5 Savings Provision. This ordinance does not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. - 4 - --- - ----- ....- ----- Section 6 Severability. If any provision of this ordinance is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the ordinance and applicability thereof to other persons and circumstances shall not be affected thereby. Section 7 Effective Date. This ordinance shall be in full force and effect on March 8, 2001. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 16th day of January 2001. MAR~~k ATTEST: C?~ Z~ ROBIN L. SULLIVAN Clerk of the Commission 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 5th day of February 2001. MAR=NIlJ:r;;;YOr ATTEST: Qd:- oi~ ROBIN L. SULLIVAN Clerk of the Commission - 5 -