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Home My WebLink AboutOrdinance 99- 1496, Adds §§ 18.08.015 and 18.08.025, zoning ORDINANCE NO. 1496 AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, ESTABLISHING PROCEDURES FOR THE ADMINISTRATION OF THE MUNICIPAL ZONING ORDINANCE WITHIN THE CITY LIMITS AND ONE (1) MILE OF THE CITY LIMITS, TO ACCOMMODATE THE ANTICIPATED CEDE OF ZONING 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 BOARD OF ADJUSTMENT, INCLUDING THE AUTHORITY TO CONSIDER AND GRANT SPECIAL EXCEPTIONS TO THE CODE, AND TO HEAR AND DECIDE UPON ALL VARIANCE APPLICATIONS, TO THE CITY COMMISSION. Preamble This ordinance is to protect the public peace, property, health and safety through the adoption, as an urgency measure, of an emergency interim zoning ordinance establishing procedures for the administration of the municipal zoning ordinance within the city limits and one (1) mile of the city limits, and transferring the powers and duties of the board of adjustment, including the authority to consider and grant special exceptions to the code, and to hear and decide upon all variance applications, to the city commission. WHEREAS, on the 21't 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 ....,r 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 zoning applications which were formerly considered by the City-County Planning Board; and WHEREAS, the City Commission is concerned about the effects of cessation of City- County Planning Board jurisdiction on pending development proposals; and WHEREAS, Section 76.2.306, Montana Code Annotated, provides for adoption of an interim zoning ordinance which imposes regulations on uses in support of a contemplated pending zoning plan or zoning change; and WHEREAS, in addition, 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 Section 18.08.015 be added to the Bozeman Municipal Code and that such section shall read as follows: 1":~[[I;qlil[~:[I[[[[~:[[~[:[[[[~[[[[~[~[[[[[[[:::::m~~II:[~i~9~i~A~j:i;: ~~J,-:'9'~~~~9~ro~:ti~:[:,f:~tgPBiil~:j~q9mrnt~ft[[[[it~ir[tni~::[i~~~I~~I[::[~~~I:"9~[[[[~~ii:,[Pfg!~~gl~*::[[[~:~Ji'h !r![:~Mlj~~I::~I];~!~~g~:!~9(~~~~t[[t~#!!W::~Q~tPf:-~!yjpP9~~YP~img~~g[~::~ii:~~:[[ti!~!iwi~~in-~~~[[[~~~I~:iii~ t9r:r!YJ~*,'9)t"1ft~:"(J..tyH?j!)unty;'p~~fiQ.:!,Qi""m~:~~:::in~,~:,::~Qi~~~[~~m~~iji~~ili']jY[,~hi:i~P:!~~~I~~~~~:~;~~!i~Q'!ng:: ~i~:~~:::::9Q.1~![~~::i.;~~:~::::~~!~:ij:;~:~ffi:~~:j[~:~i:::~:~'I~y~lq~n~y"','~I~h~iQg-::,,~p~:d~:~jj~~::::~~~j~t~~[jg~Uyij,~g~i.1~qQ:8j:j:j:jjj:I~:~::~'~9' ~ !~ii@[[jjh~I[[:[t~@[[[[I:!~~~lgY:Q~y:j[::pJi;QQ~Q,g:,::[:~9~r~!~ffiy~~~i~':::p~:::jJ'~~,il~~t!PQ:; p;g" ig~t9r"~,i:pprpi,,i~i,::~:~~Y~~I~~~iiqt~g~~M[[[~~~j:j:j~~n~~:i~:~::gg~pl~ :~:i::~~~;;;i:::j>:::;:[~:::~ii[U~[[~[~![![[[[mil[[[[9~[[[[~I~~~HQ:~:[~iY!~9P'min!-pr9P9i~~~:[[[[I~~~!,t'~~i9g~igti~ijjjJj!l~i~i-_:_g!,-:1:~i: Section 2 That Section 18.08.025 be added to the Bozeman Municipal Code and that such section shall read as follows: ... "180~Qa~~~ti,~,::,,:i:::;~!]\~,p'lglmil[[[::qlj::jjl~I::[[if~::!llj9'~mi:n!~: IlPrpg~~~:p~"'i9ViiH~~jlr~m;~:::~~i:::p~~M~ii~gi.~:;gf1pi"9'Q~e.:~:::i:Q~[[[~[h~\~!~Y-"&tJm:[!1:!;I:ig~M~'gr~gi9jy~I~::!,~~JI' ~~:fpl!qYwi,~;N~" 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 - 2 - - - ----=--:-- ,..---.-., ,.-- - 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 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 7th day of June 1999. /~~~ & -4~ ALF D M. TIFF, ayor ATTEST: Qf~~~ ~ ROBI L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: /'1 // ~ .Ii p. J. L City Atto ey ,/ - 3 - ------------