HomeMy WebLinkAboutOrdinance 99- 1501, Amends §§ 16.02.030, 16.02.040, 16.04.350, 16.04.355, 16.10.050, 16.28.020, 16.30.010 and 16.30.020, subdivisions
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ORDINANCE NO. 1501
AN EMERGENCY INTERIM ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONT ANA. ESTABLISHING PROCEDURES FOR THE
ADMINISTRATION OF THE MUNICIPAL SUBDIVISION ORDINANCE WITHIN
THE CITY LIMITS. TO ACCOMMODATE THE ANTICIPATED CEDE OF
PLANNING AUTHORITY IN THE EXTENDED JURISDICTIONAL AREA OF
BOZEMAN FROM THE CITY OF BOZEMAN TO GALLA TIN COUNTY, AND
TRANSFERRING THE POWERS AND
DUTIES OF THE CITY -COUNTY
PLANNING BOARD. TO THE CITY PLANNING BOARD AND THE CITY
COMMISSION.
Preamble
This ordinance is to protect the public peace, property, health and safety
through the adoption of an emergency measure establishing procedures for the
administration of the municipal subdivision ordinance within the city limits and
transferring the powers and duties of the City-County Planning Board to the
City Planning Board and the City Commission. This emergency measure is
necessary to accommodate the dissolution of the City-County Planning Board
and to ensure the continuation of subdivision regulation.
WHEREAS, on the 21 5t day of August 1957, the City Commission adopted Ordinance
No. 820, creating the City~County Planning Board; and
WHEREAS, the Gallatin County Board of Commissioners has taken action to dissolve
the City-County Planning Board and establish planning and zoning jurisdiction within the area
immediately beyond the municipal boundaries of the City of Bozeman, which area is currently
regulated by the City of Bozeman; and
WHEREAS. on the 17th day of May 1999, the City Commission provisionally adopted
Ordinance No. 1494, creating a City Planning Board to assume jurisdiction of certain matters
previously under the jurisdiction of the City-County Planning Board; and
WHEREAS, the Bozeman Municipal Code needs to be reconciled with the new County
legislation, and procedures need to be established to govern subdivision applications which were
formerly considered by the City-County Planning Board; and
WHEREAS, Section 7-3-4326, Montana Code Annotated, provides for adoption of an
emergency measure which provides for the immediate preservation of the public peace, property,
health, or safety or providing for the usual daily operation of a municipal department;
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana, that:
Section 1
That Section 16.02.030 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
"16.02.030 Jurisdiction.
These regulations govern the division of land within the Bozeman city limits and the
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planning jurisdiction of the Bozeman City County Planning Board."
Section 2
That Section 16.02.040 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
"16.02.040 Purpose.
It is the purpose of these subdivision regulations to promote the public health, safety
and general welfare by regulating the subdivision of land; to prevent the overcrowding of land;
to lessen congestion in the streets and highways; to provide adequate light, air, water supply,
sewage disposal, parks and recreation areas, ingress and egress, and other public improvements;
to require development in harmony with the natural environment; to protect the rights of
property owners; and to require uniform monumentation of land subdivisions and transferring
interests in real property by reference to a plat or certificate of survey (Section 76-3-102,
M.C.A).
Further, to support the purposes of Section 76-3-102, M.C.A, these regulations are
intended to promote and to provide for the:
A. Orderly development of the City of Bozeman and the jurisdictional area of the
Bozeman City Count'; Planning Board.
B. Coordination of streets and roads within subdivided land with other streets and
roads, both existing and planned.
C. Dedication of land for streets and roadways and for public utility easements.
D. Improvement of streets and roads.
E. Adequate open spaces for travel, light, air and recreation.
F. Adequate transportation, water, drainage, and sanitary facilities.
G. Avoidance or minimization of congestion.
H. Avoidance of unnecessary environmental degradation.
I. Encouragement of subdivision development in harmony with the natural
environment.
J. Avoidance of danger or injury to health, safety, or welfare by reason of natural
hazard or the lack of water, sewer, drainage, access, transportation or other
public services.
K. Avoidance of excessive expenditure of public funds for the supply of public
services.
L. Manner and form of making and filing of plats for subdivided lands.
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M. Administration of these regulations, by defining the powers and duties of
approving authorities, including procedures for the review and approval of all
subdivision plats."
Section 3
That Section 16.04.350 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
" 16.04.350 Planning Board.
"Planning Board" means the Bozeman City County Planning Board."
Section 4
That Section 16.04.355 be added to the Bozeman Municipal Code and that such section
shall read as follows:
" 16.04.355 Q....................PUf.....r...'.'
PI ...................... ............... Off
annlng ,:,::J~P:~m~!~t'~r::L::::::~~l~Q: Ice.
"Planning giBir~m~i~::::gr:::::~~i:n:n.~g.~: Office" means the Bozeman Office of Planning and
Community Development."
Section 5
That Section 16.10.050 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
"16.10.050 Preliminary plat.
After the requirement for pre-application review has been satisfied, the subdivider shall
submit a preliminary plat. Preliminary plat applications shall be submitted to the planning
department and must conform to the requirements of these Regulations. The preliminary plat
shall be prepared by a surveyor licensed to practice in Montana.
A. Preliminarv Plat ADDlication Submission: At least thirty (30)
days prior to the
Planning Board meeting at which the subdivision io to be considcred, t \the
subdivider shall submit
an application for preliminary plat review, the
appropriate fee, and the following number of copies of all required preliminary
plat information and supplementary
information, as set forth in these
Regulations.
1 . Within the City of Bozeman: twenty-five (25) copies
~. Within thc City of Bozeman Zoning Jurisdictional Area:
twenty fivc (25) copicD
3. Within tho Bozeman City Count.,' Planning Juricdiotion, but
outside the City of Bozeman Zoning Jurisdictional Area:
twenty (20) eopios
The Planning Department shall review the application within three (3) working
.3.
days to determine if the application is complete. The review period shall begin
on the date that the planning department determines the application is
complete. An application is complete only if it contains all of the information
required by these regulations. If the application is incomplete, the application,
review fee and a written explanation of why the application is incomplete will
be returned to the subdivider.
B. Affected Aaencies: The Planning Department shall submit copies of the
preliminary plat and supplementary information to the affected utilities and
pu bl ic age nc ies f or rev iew a nd com m e nt,ii~':'::~g::::i~~~iiiii'mli1'1'l'Ii9Q:::::::lp~it~[:~~::~_gt":~J~
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If the
proposed subdivision is situated within a rural school district, the Planning
Department shall provide an informational copy of the preliminary plat to the
rural school district. A rural school district means a school district in which a
majority of the pupils in the district reside outside the limits of any incorporated
city or town. Review by public agencies or utilities shall not delay
the
appropriate governing body&~y:i:egl'ltr:hi~!9m's consideration of the preliminary
plat beyond the statutory sixty (60) day review period.
G. Publie Hearinas and Meetinas. The Planning Boord shall eonduct a publie
hearing and review the proposed subdivi:3ion. At the publie
hearing, the
planning board sholl:
4-. Review the
preliminary plot, together with required
cupplementary plans and information, to dotormine if it mootc
the requircmcnts of these Rcgulationo, the development
standards and policics of the Bozcman Area Mastcr Plan, the
Montana Subdivision and Platting Act, and othcr adopted
St3tO 3nd 10001 ordinances, including, but not limited to
applicable zoning rcgulationo.
-2-. Listcn to public testimony, and
conoidcr writtcn public
testimony.
a. Consider written eommcnto from appropriate public agcneieo
and utilities.
4. Consider the following:
a Relcvant evidence relating to the
public health,
cafcty, and welfare;
b. The environmental oSGes::Jment;
e. Tho cOFAmunit'{ impaot st3toment;
and
d. Other regulations
in effcet in the arca of the
proposed subdivioion;
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reoolution forwarding its advice regarding the items listed under subscction C.
above, and a recommendation for approval, conditional approval, or disapproval
of the plat.
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E. Public Hearina Notice: Notice of the time and date of the preliminary
plat
public hearing(s) and/or meeting shall be published in a newspaper of general
circulation in Gallatin County not less than fifteen (15) days prior to the date
of the hearing(s). The subdivider, each property owner of record, each
recorded purchaser under contract for deed, and each owner of property
immediately adjoining the land included in the plat shall be notified of the
hearing by certified mail not less than fifteen (15) days prior to the date of the
hearing(s) .
F. ADvrooriate Covernina Bodv~~y:[,::::lg~~
i~~@~ Action. The appropriate
governing body 1~1:::::;I:~:~'m!~~~9m, shall approve, conditionally approve, or
disapprove the preliminary plat within sixty (60) days of determination that the
application is complete, unless there is a written extension from the subdivider.
1. For subdivisions located within the corporate limits of the City
of Bozeman,
or for subdivisions on land which
has
concurrently applied for annexation to the corporate limits of
the City of Bozeman, the City Commission of the City of
Bozeman shall consider the application and Planning Board's
recommendation during
a regular public meeting of the
Commission. Sinco the Planning
Board is the dosignated
ageno'l to hold this publio hearing on the proliminary plat,
additional public comment con not be acccptea by the City
Commission at this meeting.
2. For Gubdivioiono looJted out:::;ide of the aorporJtc limite of the
City of Bozeman, the Callatin County Commission shall
consider the
application and Planning Board':::;
recommendation during a public hearing before the County
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Commission. Aefditional public eommcnt will be acccpted at
this additional public hearing.
G. Criteria for Govcrnina Bodv ~J~~:m~mp'Qt9roiiiii6.~ Action: The basis for the
appropriJto governing body
Q!~y::::::::::::Q:~:I:m:!~~!9D" s decision to approve,
conditionally approve, or disapprove the subdivision shall be whether the
preliminary plat, applicable environmental assessment, public hearing, planning
board advise and recommendation, and additional information demonstrates
that development of the subdivision meets the requirements of the Montana
Subdivision and Platting Act. The appropriate govcrning bodyg~~:::~9mm!g!~~
may not deny approval of a subdivision based solely on the subdivision's
impacts on educational services.
H. Mitiaation: The appropriJto governing body m:!~~::::Egi'I:!:i.~!i~ may require the
subdivider to design the subdivision to reasonably minimize potentially
significant adverse impacts identified through the review required by these
Regulations. The appropriatc governing body 1:!~~i:::::r4~li:!~!:!~~
shall issue
written findings to justify the reasonable mitigation
required by these
regulations. The appropriate govcrning bodYEJ\Y":::':'E~m:ro~ii~9m
may not
unreasonably restrict a landowner's ability to develop land, but it is recognized
that in some instances the unmitigated impacts of a proposed development
may be unacceptable and will preclude approval of the plat.
When requiring mitigation under this subsection, the appropriate govcrning
beQ.y1~~~i:'!'ggil:'~~~9n shall consult with the subdivider and shall give due
weight and consideration to the expressed preference of the subdivider.
I. Findinas of Fact: The appropriJto governing body 1:!~~::::8Pmm~~~~~:rf::shall issue
written findings of fact that discuss and weigh the following criteria, as
applicable (pursuant to Section 76-3-608, M.C.A.):
, . The effect on agriculture, agricultural water user facilities,
local services, the natural environment, wildlife and wildlife
habitat, and public health and safety;
2. Compliance with the survey requirements of the Montana
Subdivision and Platting Act;
3. Compliance with these subdivision regulations and the review
process of these regulations;
4. The provision of easements for the location and installation
of any necessary utilities; and
5. The provision of legal and physical access to each parcel
within the subdivision and the notation of that access on the
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applicable plat and any instrument transferring the parcel.
The written findings of fact shall include:
1. The reason for the denial or condition imposition;
2. The evidence that justifies the denial or the imposition of
condition(s); and
3. Information regarding the appeal process for the denial or
condition imposition.
J. Preliminarv Plat Accroval Period. Upon approving or conditionally approving a
preliminary plat, the appropriate governing body :1~~j;W;I~m:m~ii!:~:~ shall provide
the subdivider with a dated and signed statement of approval. This approval
shall be in force for not more than three (3) calendar years or less than one (1)
calendar year. At the end of this period the appropriate governing body I~~~
m~l:m!~~~~'~ may, at the written request of the subdivider, extend its approval
for no more than one (1) calendar year, except that the appropriate governing
be&y g:!i~::::I~II!~~!pq may extend its approval for a period of more than one
(1) year if that approval period is included as a specific condition of a written
subdivision improvements agreement between the appropriate governing body
1:!~~::::lgmm:!II:!~g and the subdivider, provided for in Chapter 16.22.
K. Inaccurate or Incomolete Information. The appropriate go'/crning body
1.lil
19m:m~ii~~:~ may withdraw approval of a preliminary plat if they determine that
information provided by the subdivider, and upon which approval of the
preliminary plat was based, is inaccurate or incomplete.
1. Within thirty (30) days following approval or conditional
approval of a preliminary plat, any person or agency which
claims that information which was provided by the subdivider
is inaccurate or incomplete may submit the information and
proof to the planning department.
2. The planning department shall investigate the claim, the
accompanying information and proof, and make a report to
~=e~f:~~r~~~ ag;;r~;rii:~eb~~~c~~'~8'~!~ii1~1~~il~ii~~a~
within thirty (30) days after receipt of the information.
Notice of the meeting shall be given to the claimant and the
subdivider. At the meeting, the appropriatc governing body
g:lf){:::g.~m:m1~~~p~: shall consider the information and proof,
and make a determination regarding the claim.
L. Chanaes to Conditions After Accroval. Upon written request of the subdivider,
the appropriate governing body ~!~~::::::~:~oomH~~i,~p,: may amend conditions of
preliminary plat approval where it can be found that errors or changes beyond
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the control of the subdivider
have rendered a condition unnecessary,
impossible, or illegal.
1. The written request shall be submitted to the planning
department.
2. The written consent of all purchasers of land (via contract for
deed, etc.) shall be included with the written request to
amend conditions.
3. The appropriate governing
bod '{ 1!~~:j:::::::~~~j"Q~~~!@:~ sha II
conduct a public hearing on the request.
4. Notice of the public hearing shall be given in accordance with
these Regulations.
5. The appropriate
governing body 1!:1M::::::~:~I@;m:m1~~i,qp: may
approve the requested change if it meets the criteria set forth
in these Regulations.
6. The appropriate governing body 1,~M"lpmm,,~~;1~~ shall issue
written findings of fact as required in these Regulations.
M. Additional Conditions Atter Aooroval. After the preliminary plat is approved,
the appropriate governing body gi1~;:g:9::00:IJ~!~~~gp: may not impose any additional
conditions as a prerequisite to final plat approval, providing said approval is
obtained within the original or extended approval period as provided in these
regulations. "
Section 6
That Section 16.28.020 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
"16.28.020 Procedures and general requirements.
Thc appropriate governing body dcsignatcs the City County Planning Officc as its agcnt
for thc purposcs of these regulations. All certificates of surveyor amended subdivision plats
claiming an exemption ~~!:!~~~:jjjj~fji'__Qiti'",;!i,I:!~i shall be submitted to the Planning Office.
The
procedures and requirements of these regulations are limited to the exemptions specified in these
regulations.
A. Submittal. A claimant seeking an exemption under the Act and these
regulations shall submit a claim on the appropriate application form, including
a signed certificate of exemption, together with evidence to support the claim
and any other information required by these regulations to the Planning Office.
Four (4) paper copies of the Certificate of Surveyor Amended Plat shall be
submitted with the claim and shall be folded to fit in a standard 8.1/2" X 11"
or 8-1/2" x 14" folder.
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B. Review. The Planning Office, the Gallatin County Clerk and Recorder, and the
City or County Attorney's Office, as appropriate, will review the claimed
exemption. During this review, the Planning Office personnel will include
a
personal visit to the proposed site, understand thoroughly the nature of all
activity occurring on the site, and shall identify any existing or potential zoning
conflicts. The Planning Office shall make a report to the appropriate governing
00&t m:i~Y..:'.mpl:li,ii!:~:~, which shall also be made available to the claimant or
the claimant's representative.
+. For E)(cmotions Claimed Outside City Limits. ^ hearing shall
be set before the County Commiscion tor their review at tho
submittal. The claimant or the claimant's rcprcoontativc shall
bo notified of the datc and time of the hcaring provided for in
these rcgulations. Tho
olaimant may roquoGt a continuanoc
of the hO~1ring.
a.At the hearing, tho olaimant may prooont cvidcnee in
support of the Q)(emption.
The County Commisoion shall
allow or dic3110w the Q)ccmption within thirty (aD) daya of ito
submission to the planning office, unlcss the claimant has
rcqucsted or granted a continuance of the hcaring, in which
casc this time limit sholl not apply.
~4: For Excmotions Claimcd In:Jidc City Limits.
The City
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:.:.:.;.
Commission shall review the submittal at a regular meeting.
The claimant or the claimant's representative shall be notified
of the date and time of the meeting.
The claimant may
request a continuance of the meeting.
a. At the meeting, the claimant
may present evidence
in support of the exemption. The City Commission
shall allow or disallow the exemption within thirty
(30) days of its submission to the planning office,
unless the claimant has requested or granted a
continuance of the hearing, in which case this time
limits shall not apply. If the exemption is approved,
the Director of Public Service shall so certify in a
printed certificate on the plat/C.O.S.
3-:2. In assessing the claimant's purpose for the exemption, the
appropriate go'.:erning body 1:!~~:::'I~m'm!ii~9jQ will evaluate all
relevant circumstances including the nature of the claimant's
business, the prior history of the particular tract in question,
and the proposed configuration of the tract, if the proposed
exemption transactions are completed.
4\3;. Where a
rebuttable presumption is declared in
these
regulations, the presumption
may be overcome by the
claimant with evidence contrary to the presumption.
If the
appropriate governing bod'j&~M::::w9Bllii!p:o concludes that
the evidence overcomes the presumption and that from all
the circumstances the exemption is justified, the exemption
will be allowed. On the other
hand, if the appropriate
governing body
~~~~j:j:j:j:jjj~gljl!iil'~'9 concludes that the
presumption is
not overcome and that from
all the
circumstances the exemption is not justified, the exemption
will be disallowed.
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s 4,. If the exemption is allowed, the appropriate governing body
H!~Y'lgmm'i~~!!D: shall so certify
in a printed certificate on the
certificate of surveyor amended
plat.
6'5' If the exemption is disallowed, the appropriate governing
. .
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:.:.:.:. bOOv If:t)"'&9mm~ii!:gp:
shall provide written notification of its
decision to the person claiming
the exemption, and to the
Gallatin County Clerk and Recorder.
C. Filina Reauirements. A certificate of surveyor an amended plat of a division
of land which is exempt from review must be filed within one hundred eighty
(180) days of the completion of the survey. It may not be filed by the Gallatin
County Clerk and Recorder unless it complies with the following requirements:
1. It must bear the certificate of the person having the recorded
interest claiming the exemption
stating that the division of
land is exempted from review
as a subdivision and citing the
applicable exemption.
2. Certificates of survey and amended
plats shall be legibly
drawn with permanent ink or printed
or reproduced by a
process guaranteeing a permanent
record and shall be 18-
inches by 24-inches overall,
to include a 1 %-inch margin on
the binding side.
3. For certificates of surveyor
amended plats within City Limits
and
the zoning jurisdictional boundary of the City
of
Bozeman, two signed cloth back
or opaque mylar copy and
two signed reproducible copies
on a stable base polyester film
or equivalent, and one digital
copy of the survey on a 3 %-
inch DS/DD disk shall be submitted.
4. For certificates of ourvcy or
amended plot3 outside the City
Limits and outside the zoning
juriodietional boundary of the
City of BozemaA,
but within tho Planning juricdiotionJI
boundary of the Bozeman City
County Planning Board, onc
signed cloth bael(, or equivalent,
one signcd reprodueiblc
copy on a stablc basc polyeoter
film, or equivalent, and onc
digital oopy of tho ourve'( on
J 3 % inoh D8/DD diok aholl be
submitted.
&4. Whenever more than one sheet must be used to accurately
portray the land subdivided,
each sheet must show the
number of that sheet and the
total number of sheets
included.
All certification shall be shown or referenced on
one sheet.
615. The certificate of survey or amended plat shall show or
.:.;.:.:
contain on its face or on separate
sheets referenced on its
face, the following information
only:
a.
A title block including the quarter section, section,
township, range, principal meridian, county, and
state of the surveyed land. Space shall be provided
on the certificate of surveyor amended plat for Clerk
and Recorder's filing information. A certificate of
survey shall not bear the title "plat", "subdivision",
or any other title other than "Certificate of Survey".
b.
Name(s) of the owner(s) of the land surveyed and
the names of any adjoining platting subdivisions and
numbers of any adjoining certificates of survey
previously recorded and ties thereto.
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c. Date survey was completed and a brief description
of why the certificate of surveyor amended plat was
prepared.
d. North point and scale bar. Scale shall be sufficient
to legibly represent
the required data on
the
certificate of surveyor amended plat submitted for
filing.
e. All monuments found,
set, reset, replaced or
removed describing their kind, size, location and
giving other data related thereto.
f. The location of any corners of sections or divisions
of sections pertinent to the survey.
g. Witness monuments, basis of bearing, bearings and
length of lines.
h. The bearings, distances
and curve data of all
perimeter boundary lines shall be indicated. When
the parcel surveyed is bounded by an irregular
shoreline or a body of water, the bearings and
distances of a meander traverse shall be given.
i. Data on all curves sufficient to enable the re-
establishment of the curves on the ground. These
data shall include:
(i) Radius of curve.
W) Arc length.
Wi) Degree of curve.
(iv) Notation of non-tangent curves.
J. Lengths of all lines shown to at least tenths of a
foot, and all angles and bearings shown to at least
the nearest minute.
k. A metes and bounds description of the perimeter
boundary of the tract surveyed.
I. All parcels created by the survey, designated by
number or letter, and the dimensions and area of
each parcel. (Excepted parcels shall be marked "Not
included in this survey".)
m. The signature and
seal of the registered land
surveyor responsible for the survey. The affixing of
his seal constitutes a certification by the surveyor
that the certificate of surveyor amended plat has
been prepared in conformance with the Montana
Subdivision and Platting Act (Sections 76-3-101
through 76~3-614, M.C.A.), and the regulations
adopted pursuant thereto.
n. Memorandum of oaths administered pursuant to
Section 76.3.405, M.C.A."
Section 7
That Section 16.30.010 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
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"16.30.010 Variances.
The appropriate governing body ~:I~)i"g~ml',ii.!gij: may grant reasonable variances from
the design and improvement standards of these Regulations where it is found that strict
compliance would result in undue hardship and is not essential to the public health, safety, and
general welfare.
A. Procedure: The subdivider shall include with the submission of the preliminary
plat a written statement describing the requested variance and the facts of
hardship upon which the request is based. The Planning Board shall consider
each variance at thc public hearing on the preliminary plot, and include their
findings and conclusion r~9~'rgipg:::t,~~::r~i~'q,~:i~~gy?d~'n'g~ in its recommendation
to the appropriate governing body~!~i:::~9mOO.i,~~,:qD' The appropriate gO'/erning
body g,~~:~:I:qjlm:!~~~g6, shall then consider each variance during their review of
ii:~:~~i::~j:~:q,I~!i)::::j~i~r!:pi:'::pJj the preliminary plat.
B. Public Hearina Notice: The notice required in Chapter 16.10.050.E of these
Regulations shall include a reference to all requested variances.
C. Review Criteria: Per Section 76-3-506, MCA, a variance to these Regulations
must be based on specific variance criteria, and may not have the effect of
nullifying the intent and purpose of these Regulations.
The appropriate
governing body 1.!~y::::ggml.!~~:!9p: shall not approve variances unless it makes
findings based upon the evidence presented in each specific case that:
1 . The granting of the variance will not be detrimental to the
public health, safety, or general welfare, or be injurious to
other adjoining properties;
2. Because of the particular physical surroundings, shape or
topographical conditions of the specific property involved, an
undue hardship
to the owner would result if
strict
interpretation of these Regulations is enforced;
3. The variance will not cause a substantial increase in public
costs; and
4. The variance will not, in any manner, place the subdivision in
nonconformance with any adopted zoning regulations or
comprehensive plan.
C. Variances from Floodwav Provisions Not Authorized: The appropriate governing
be&y9!ty:-j':P9rn:ro~~~I:~:~ may not, by variance, permit subdivision for building
purposes in areas located within the floodway of a flood of 1 OO-year frequency
as defined in Title 76, Chapter 5, MCA.
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D. Conditions: In granting variances, the appropriate governing body
~:!"i
E9m,ooJ,ii~99. may require such conditions as will, in its judgement, secure the
objectives of these regulations.
E. Statement of Facts: When any variance from these Regulations is granted, the
motion of approval shall contain a statement describing the variance and
conditions upon which the issuance of the variance is based.
F. Planned Unit DeveloDment: Where the standards and requirements of these
regulations may be
modified by the appropriate governing
body m!~~
g9mJn~~~!:p:~ in the case of a planned unit development, no application for a
variance shall be necessary. However, the procedure for a variance
shall be
followed. .,
Section 8
That Section 16.30.020 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
" 16.30.020 Amendments to subdivisions regulations.
A. General: For the purpose of providing for the public health, safety, and general
welfare, the appropriate governing bodylftM",R@m:m:!~~i~~! may amend the
provisions of these Regulations.
1 . Hearina: Amendments to these Regulations shall not become
effective until after a public hoaring ~~~!~I has been held
boforo~y the Planning Board, and the Board has forwarded
a recommendation on the amendments to the appropriate
=rl~~:!:~~~:llljll:~[!I~~~~~'Si~:~ :~:r:~~~~CmgeO~~r~itn~
public hearing. Legal notice of 5&tft 'ijibe]" hearings shall be
:,:.;.:.;.:.:.:.:.:.:.:.:.:
given in a newspaper of general circulation in the County not
less than fifteen (15) days nor more than thirty (30) days
prior to the date of hearings."
Section 9
Repealer.
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
Section 1 0
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.
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Section 11
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 12
Effective Date.
This ordinance shall be in full force and effect upon establishment of subdivision
regulation jurisdiction in the City Planning Board, as provided by state law.
PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 26th day of July 1999.
,
M~:~~YOr
ATTEST:
~y~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
~'~7 I
'> ...~..' ,1 /1
J2ua~~~L(
P; U J. L.: i
City Att,9f'nev
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