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HomeMy WebLinkAboutOrdinance 98- 1474, Temporary moratorium on conditional use permits (2) ~. ~ ~~ ..../ "! '> ORDINANCE NO. 1474 AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COMMISS!ON OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR A SIX-MONTH MORATORIUM ON THE APPROVAL AND ISSUANCE OF CONDITIONAL USE PERMITS FOR RADIO AND TELEVISION TOWERS AND ANTENNAS WITHIN THE CITY LIMITS AND WITHIN AN AREA ONE (1) MILE BEYOND THE CORPORATE BOUNDARIES OF THE CITY OF BOZEMAN DUE TO THE POTENTIAL PROLIFERATION OF RADIO AND TELEVISION TOWERS AND ANTENNAS UNDER INADEQUATE ZONING PROVISIONS. Preamble This ordinance is to protect the public peace, property, health and safety through the adoption, as an urgency measure, an emergency interim zoning ordinance establishing a six-month moratorium on the approval and issuance of conditional use permits for radio and television towers and antennas, in order for the Commission to study and consider appropriate amendments to the zone code pertaining to such uses. WHEREAS, interest in applications for conditional use permits for radio and television towers and antennas is anticipated to increase within the year in the City's jurisdictional area; and '. WHEREAS, the current Bozeman Municipal Code is outdated with regard to regulating radio and television towers and antennas and secondary uses of towers; and WHEREAS, the City Commission wishes to more fully explore the desirability of various option:> for regulating the use and location of radio and television towers and antennas within the City's zoning jurisdiction; and WHEREAS, the City Commission is concerned with the potential health hazards and the aesthetic affects of such facilities on neighboring properties and the community as a whole; and WHEREAS, it is anticipated that the zone code amendment process will take several months to complete; and WHEREAS, Section 76-2-306, Montana Code Annotated, provides for adoption of an interim zoning ordinance prohibiting any uses which may be in conflict with a contemplated zoning proposal which the legislative body is considering or studying, or intends to study; and WHEREAS, in addition, Section 7-3-4326, Montana Code Annotated, allows for adoption o'f an emergency ordinance for the immediate preservation of public peace, property, health or safety. --..---- ------ .....----.--.--..---.-- ~ - .,. , ,'..-r- . ". NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 A moratorium on the approval and issuance of conditional use permit applications filed after the effective date of this ordinance for radio and television towers and antennas within the City of Bozeman and within an area one (1! mile beyond the corporate boundaries of the City of Bozeman is hereby established in order for the City of Bozeman to study and to consider appropriate zone code changes to the Bozeman Municipal Code for the protection of public safety, health and welfare of the community. Sectibn 2 Said provision shall be effective for a period of not more than six (61 months from the date of adoption hereof, unless otherwise extended in accordance with Montana law. Section 3 All City ordinances and pans thereof in conflict herewith are hereby temporarily superseded by this ordinance for the time period as described in Section 2 above, insofar as said ordinances or parts thereof may apply to the City of Bozeman and in an area of land one (1) mile beyond the corporate boundaries of the City of Bozeman. Section 4 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 5 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 Ene declared to be severable. Section 6 Savings Provision. This ordinance does not affect the rights of duties that matured, penalties and assessments that were incurred or proceedings that have begun before the effective date of this ordinance. - 2 - ---,,- .-..-----.... -- .--.--... ... ...~ ., ~ Section 7 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 15th day of June 1998. ~~F~ ATTEST: {}~J-Le~ ROBIN L. SULLIVAN Clerk of the Commission {/-( . . ! . -3 -