HomeMy WebLinkAboutOrdinance 98- 1474, Temporary moratorium on conditional use permits (2)
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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
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WHEREAS, the current Bozeman Municipal Code is outdated with regard to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.
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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.
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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.
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ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
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