HomeMy WebLinkAboutOrdinance 99- 1505, Amends § 18.51.010, zoning
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ORDINANCE NO. 1505
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING ORDINANCE NO. 1500, THE INTERIM MUNICIPAL
ZONING ORDINANCE, BY REVISING SECTION 18.51.010.C. OF EXHIBIT "A";
PROVIDING FOR EXPANSION
OF RESIDENCY REQUIREMENTS FOR
NONPROFESSIONAL MEMBERS OF THE DESIGN REVIEW BOARD.
Preamble
This ordinance is to protect the public peace, property, health and safety
through the adoption, as an urgency measure, of an amendment to emergency
interim municipal zoning Ordinance No. 1500, which amendment revises
residency requirements for the nonprofessional members of the Design Review
Board. This amendment is necessary to enable the Design Review Board to
obtain a quorum.
WHEREAS, on the 19th day of July 1999, the Bozeman City Commission adopted
Ordinance No. 1500, establishing an interim municipal zoning ordinance; and
WHEREAS, the City has had difficulty filling the positions on the Design Review Board;
and
WHEREAS, the Design Review Board has had difficulty in obtaining a quorum; and
WHEREAS. projects have been affected by the lack of a Design Review Board quorum;
and
WHEREAS, broadening the residency requirements of nonprofessional members will
assist the City in obtaining or retaining members on the Design Review Board; and
WHEREAS, Section 7-3-4326, Montana Code Annotated, allows for adoption of an
emergency ordinance for the immediate preservation of public peace, property, health or
safety.
NOW, THEREFORE. BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana, that:
Section 1
That Subsection C. of Section 18.51.010 of Exhibit "A" of Ordinance No. 1500 be
amended so that such section shall read as follows:
"18.51.010 Purpose of design review board, administrative design review
staff and
development review committee.
C. Design Review Board Procedures Established.
1. To implement this purpose, certain
procedures shall be
adopted to include, but not be limited
to, a regularly
scheduled
weekly or biweekly meeting attended
by
members of the board. Tape recorded
and written meeting
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reviews setting forth decisions and findings shall be made.
These records shall be preserved as part of the official
proceedings for each developmental proposal. Lastly, the
ORB shall generally follow "Robert's Rules of Order" and
may prepare and adopt supplemental procedural rules, upon
the approval of the city commission, that will assure the
accomplishment of the stated purpose and promote the
efficiency and effectiveness of the design review process.
2. The board shall consist of six
professional and two
nonprofessional members. Professional
members shall be
degreed in their respective disciplines and/or otherwise
licensed or
certified by their respective professional
authorities. The professional contingent
shall consist of
four architects,
one architectural historian, and one
landscape architect or landscape designer. At least one of
the professional members shall
have a demonstrated
expertise in urban design. Nonprofessional members shall
be individuals with an interest in, or knowledge of, urban
design or historic preservation.
No member of the design
review board shall serve concurrently as a member of the
Bozeman planning board. A
quorum of the ORB shall be
four voting members and one of the members constituting
the quorum must be an architect.
3. Nonprofcssional membcrs shall bc rcsidcnts of tho City of
Bozeman. In selecting the professional
membersi~: the city
commission shall give preference to residents of the City of
Bozeman. However, where a qualified professional resident
is not available to serve, the city commission may appoint
a professional member who practices professionally, owns
property, or owns a business within the City of Bozeman.
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Section 2
Said amendment shall be effective upon passage and shall continue to be in full force
and effect during the effective period of the interim municipal zoning ordinance, which was
adopted by the City Commission at their regular meeting of July 19, 1999, and any
extension of this interim municipal zoning ordinance.
Section 3
Repealer.
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
Section 4
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
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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 5
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 6
Effective Date.
This ordinance shall be in full force and effect upon passage.
PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 6th day of December 1999.
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MARCIA B. YO G AN, Mayor
ATTEST:
@oI~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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