HomeMy WebLinkAboutOrdinance 98- 1472, Temporary moratorium on conditional use permits for personal wireless facilities
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ORDINANCE NO. 1472
AN EMERGENCY INTERIM ZONING ORDINANCE
OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING FOR A SIX-MONTH
MORA TORIUM ON THE APPROVAL AND ISSUANCE
OF CONDITIONAL USE
PERMITS FOR PERSONAL WIRELESS SERVICE
FACILITIES WITHIN THE CITY
LIMITS AND WITHIN AN AREA ONE (1)
MilE BEYOND THE CORPORATE
BOUNDARIES
OF THE CITY
OF BOZEMAN DUE THE
POTENTIAL
PROllFERA TION OF PERSONAL WIRELESS
SERVICE FACILITIES 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 personal
wireless service facilities. 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 personal wireless
service facilities have increased
within the past year in the City's jurisdictional area; and
WHEREAS. changes in personal wireless
service facilities technology, additional licenses
granted by the Federal Communications
Commission and the increased demand for personal
wireless services are expected to
generate additional requests for personal wireless service
facilities; and
WHEREAS, new Federal legislation
mandates that local governments provide regulations
to reasonably accommodate personal
wireless service facilities; and
WHEREAS, the Bozeman Municipal Code
needs to be reconciled with the new Federal
legislation; and
WHEREAS, the current Bozeman Municipal
Code is outdated with regard to regulating
new technologies for personal wireless
service facilities; and
WHEREAS, the City Commission wishes
to more fully explore the desirability of various
options for regulating the use and
location of personal wireless service facilities 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, issuing conditional use
permits for personal wireless service facilities at the
present time without sufficient information
to determine the need for or the ability to design such
facilities to allow for co-location
or nearby siting of additional facilities may result in the inability
to allow adequate sites for competing
providers; and
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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 cortsidering ,or studying, or intends to study; and
WHEREAS, in addition, Section 7-3A326, 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
A moratorium on the approval and issuance of conditional use permits for personal
wireless service facilities, to include but not limited to cellular and PCS towers and antennae,
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.
Section 2
Said provision shall be effective for a period of not more than six (6) months from the
date of adoption hereof, unless otherwise extended in accordance with Montana law.
Section 3
All City ordinances and parts 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
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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 6
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 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 1 st day of June 1998.
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ALF M. STIF, ayor
ATTEST:
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ROBIN L. SULLIVAN
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Clerk of the Commission
APPROVED AS TO FORM:
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