HomeMy WebLinkAboutOrdinance 98- 1480, Amends §§ 18.56.010 and 18.56.030, zoning
ORDINANCE NO. 1480
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY AMENDING
SECTIONS 18.56.010
AND 18.56.030;
PROVIDING FOR REVISIONS TO THE MEMBERSHIP AND POWERS AND
DUTIES OF THE BOARD OF ADJUSTMENT.
WHEREAS, the proposed zone code amendment to revise the membership and
powers and duties of the Board of Adjustment has been properly submitted, reviewed and
advertised; and
WHEREAS, the City-County Planning Board held a public hearing on July 21, 1998,
to receive and review all written and oral testimony on the request for a zone code
amendment; and
WHEREAS, the City-County Planning Board forwarded a recommendation to the
Bozeman City Commission that the proposed zone code amendment be approved; and
WHEREAS, after proper notice, the City Commission held its public hearing on
August 3, 1998, to receive and review all written and oral testimony on the request for a
zone code amendment; and
WHEREAS, the City Commission has reviewed and considered the twelve criteria
established in Section 76-2-304, M.C.A., and found the proposed zone code amendment to
be in compliance with the twelve criteria.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, that
Section 1
The Bozeman Municipal Code be amended by amending Section 18.56.010, so that
such section shall read as follows:
"18.56.010 Board of adjustment membership and term of office.
The Board of Adjustment is established to act on certain variance applications as
detailed in this title and on appeals where it is alleged there is error in any order,
requirement, decision or determination made by administrative officers of this title.
The
board, as it shall be refermd to for purposes of this chapter, only, shall consist of not less
thon five members nor morc----tfta-ft sevenrneh1q$f$, appointed by the City Commission for
three-year terms (with staggcring $tmg9mred terms). At least three members shall reside with
the city limits. All members shall reside within the zoning jurisdiction of the City."
Section 2
The Bozeman Municipal Code be amended by amending Section 18.56.030, so that
such section shall read as follows:
" 18.56.030 Powers and duties designatednVote.
A. The board shall set its operating rules in accordance with Section 76-2-323,
MCA, and shall have the following powers, except that in no event shall the board have the
power to decide plan appeals provided for under Chapter 18.58, and further provided that
the City Commission reserves to itself and its advisory agencies, the power to make any
other exceptions, variations or deviations to regulations, ordinances or land use plans
adopted pursuant to statute:
1 . To hear and decide appeals where it is alleged there is error in any
order, requirement, decision or determination made by an administrative
official in the enforcement of this title or of any title adopted pursuant
thereto. Appeals will be granted upon finding that such order, requirement,
decision or determination made by an administrative official is erroneous
and contrary to this title or of any ordinance adopted pursuant thereto;
2. To authorize, in specific cases, such variance from the terms of this
title as will not be contrary to the public interest, where owing to special
conditions, a literal enforcement of the provisions will result in unnecessary
hardship, and so that the spirit of this title shall be observed and substantial
justice done.
B. 1. More specifically, tyhe board may, after public notice and hearing, deny,
approve or conditionally approve all requests tQrVaMariCes due to hardship for;] vari;]noe to
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;]. Modify tho following dimension;]1
requirements ofthis
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I.
Setbacks,
ii.
Height.
III.
Lot arc;) ;)nd width,
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Lot coverage;
v .
b. Modify flood hazard district requircmonts
subjcot to
the provisions of Chapter 18.44.
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2. ^" other requested varianccs sholl be heard by thc City Commission.
In addition, 011 proposals for: (0) deviations in ncighborhood conscrvation
ovcrlay districts or cntryway overlay districts; (b) proposals containing
multiple variances; ::md (0) proposals for variances in oonjunction with
conditional use permit applications sholl be heard by the City Commission.
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3,.Dt However, inlQ no case may the board or the City Commission grant
variances to allow uses not already permitted pursuant to this title.
G Ed The concurring vote of four members of the board shall be necessary to
reverse any order, requirements, decisions or determination of any administrative official, or
to decide in favor of the applicant on any matter upon which it is required to pass under this
title, or to effect any variance of this title. A reversal of the Planning Director's classification
of a particular use shall be submitted to the City Commission for determination under the
provisions of Section 18.06.060.
fh RY The concurring vote of three members of the City Commission shall be
necessary to grant requested deviations and the concurring vote of four members of the City
Commission sh:J1I be necessary to effcct :Jny v:Jri;:mcc of tg this title."
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
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 or duties that matured, penalties and
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assessments that were incurred or proceedings that were begun before the effective date
of this ordinance.
Section 6
Effective Date.
This ordinance shall be in full force and effect on December 1, 1998.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading
at a regular session thereof held on the day of
1998.
ALFRED M. STIFF, Mayor
ATTEST:
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 26th day of
October 1998.
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ATTEST: ALFR M. STIF~, Mayor
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ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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