HomeMy WebLinkAboutOrdinance 93- 1366, Amends §§ 18.50.030(D)and 18.50.110(A), zoning
, .
\
-- ,
.
ORDINANCE NO. 1366
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, PURSUANT TO SECTION 76-2-306, MONTANA
CODE ANNOTATED, ESTABLISHING INTERIM PROVISIONS FOR THE
BOZEMAN ZONING ORDINANCE ADOPTED UNDER ORDINANCE NO.
1332, FINALLY ADOPTED ON SEPTEMBER 3, 1991, AND AS AMENDED
BY ORDINANCE NOS. 1341 AND 1359, BY AMENDING SECTION
18.50.030.D., TO ALLOW THE CONCURRENT INSTALLATION OF
INFRASTRUCTURE
IMPROVEMENTS AND CONSTRUCTION
OF A
SPECIFIC PROJECT UNDER CERTAIN CIRCUMSTANCES, AND SETTING
THE PARAMETERS THEREFOR, AND SECTION 18.50.110.A., TO ALLOW
CONCURRENT INST
ALLA TION OF ROAD IMPROVEMENTS
AND
CONSTRUCTION
OF A SPECIFIC PROJECT
UNDER CERTAIN
CIRCUMSTANCES, AND SETTING THE PARAMETERS THEREFOR, WITH
SAID AMENDMENTS TO BE EFFECTIVE WITHIN THE CITY LIMITS AND
WITHIN ONE (1) MILE BEYOND THE CORPORATE LIMITS OF THE CITY
FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF
THIS ORDINANCE.
Preamble
The purpose of this ordinance is to protect the public safety,
health, and
welfare through the adoption, as an urgency measure, of interim
ordinance provisions regulating or prohibiting certain uses
of land which
may be in conflict with a contemplated zoning proposal.
WHEREAS, the City Commission did, on the 3rd day of September,
1991, adopt
Ordinance No. 1332, which adopted by reference the new zoning
ordinance; and
WHEREAS, the City Commission did, on the 23rd day of December,
1991, adopt
Ordinance No. 1341, amending the zoning ordinance; and
WHEREAS, the City Commission did, on the 25th day of January,
1993, adopt
Ordinance No. 1359, further amending the zoning ordinance;
and
WHEREAS, the provisions of the zoning ordinance, as amended,
require the
installation of water and sewer services prior to the issuance
of a building permit; and
WHEREAS, the provisions of the zoning ordinance, as amended,
further require that
all lots to be developed must have a minimum of 25 feet of
frontage on an improved public
street; and
WHEREAS, special improvement districts, subject to policy,
have historically been
used to fund these improvements, providing the property owners
a viable means of financing
said costs over an extended period of time; and
WHEREAS, the 53rd Legislative Session of the State of Montana
was adjourned on
April 24, 1993; and
- --.-.-
, '
,.'". ,
WHEREAS, during said Legislative Session, the Legislature failed
to pass Senate Bill
426, which would have allowed the City to continue to sell bonds for special improvement
districts as it has in the past; and
WHEREAS, the continuation of the City of Bozeman's former practice
of creating
special improvement districts for the installation of certain improvements is now in question
because of the uncertainty surrounding the City's ability to sell bonds as it has historically
done.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the
City of
Bozeman, Montana, that:
Section
1
That Section 18.50.030.D. of the zoning ordinance be, and the
same is hereby
amended, to read as follows:
18.50.030 USE OF LANDS. BUILDINGS AND STRUCTURES
18.50.030.D Water and Sanitary Sewer System Reauirements
1. Whenever any building lots andlor building sites are created
inside the city limits,
except for those lying within A-S, or R-S zoning districts
and prior to the issuance
of any building permits on said lot or sites, central water
distribution and central
sanitary sewer collection systems, public or private, shall
be provided to the site.
Each building site must utilize and be connected to both the
central water
distribution and central sanitary sewer collection systems,
public or private.
2. These improvements shall be designed, constructed and installed
according to the
standards and criteria as adopted by the City and approved
by both the City
Engineer and Water Superintendent prior to the issuance of
any building permits.
3. When installation and funding of public central water distribution
and public central
sanitary sewer collection systems are subject to the creation
of a Special
Improvement District, the issuance of a building permit may
be allowed prior to
completion of the public infrastructure, provided the following
are met:
a. The subject
property shall lie within the boundaries of a Special
Improvement
District which the City has created for the purpose
of installing
the public infrastructure improvements required for
the proposed
development;
b. The property
owners involved must enter into an Improvements
Agreement,
to be secured by a financial guarantee in an amount
to be
determined by the City, with said guarantee to be in the
name of
the City of Bozeman;
- 2 -
--. -
..-.-.--.--
~---,.-
___~._'..__n -=:---'-
"*~ ~
c.
Approval of the final engineering design, including location and
grade, for the infrastructure project must be obtained from the
City Engineering Department, and the Montana Department of
Health and Environmental Sciences when applicable, prior to
issuance of any building permit for the development;
d.
Building Permits may be issued incrementally, dependent upon
the status of installation of the infrastructure improvements. All
building construction within the Special Improvement District
shall cease until required phases of infrastructure improvements
have been completed, and inspected and accepted by the City of
Bozeman;
e.
The property owner shall provide and maintain fire hazard and
liability insurance which shall name the City as an additional
insured or co-insured and such issuance shall not be cancelled
without at least 30 days prior notice to the City. The property
owner shall furnish evidence, satisfactory to the City, of all such
policies and the effective dates thereof;
f.
The property owner shall enter into an Agreement with the City
which provides for predetermined infrastructure funding options;
g.
No occupancy of any structures or commencement of any use
constructed or proposed within the boundaries of the Special
Improvement District will be allowed until required infrastructure
improvements have been completed, and inspected and accepted
by the City of Bozeman, and a Certificate of Occupancy has
been issued;
h.
The property owner shall enter into an Agreement with the City
to address the provision of any services on an interim basis
during construction, if deemed appropriate;
i.
The property owner shall execute a Hold
Harmless and
Indemnification Agreement indemnifying and holding harmless
the City, its employees, agents and assigns from and against any
and all liabilities, loss, claims, causes of action, judgments, and
damages resulting from or arising out of the issuance of a
building permit under this section; and
j.
The property owner shall pay for any extraordinary costs
associated with the project which the City may identify,
including, but not limited to, additional staff hours to oversee the
construction of the project and infrastructure improvements,
inspection of the
infrastructure improvements and any
extraordinary administrative costs.
4. Notwithstanding
the provisions of Section 3 above, the City may limit the scope,
type,
and number of projects eligible for simultaneous construction consideration.
Section 2
That Section
18.50.110.A. of the zoning ordinance be, and the same is hereby
amended, to read as follows:
- 3 -
--,---"._---
.'.
.... .
18.50.110. PROPERTY FRONTAGE AND DRIVE ACCESS STANDARDS
18.50.110.A Public Street Frontage Reauired
A. Except as otherwise allowed or required by this Ordinance,
no lot shall be created
unless such lot abuts for at least 25 feet on a public street,
and every building
hereafter erected or moved shall be on a lot adjacent to an
improved public street,
with at least 25 feet of frontage as described above.
B. EXCEPTION: When construction and funding of public streets
are subject to the
creation of a Special Improvement District, the issuance of
building permits for a
project served by the streets may be allowed prior to completion
of the public
streets, pursuant to the provisions in Section 18.50.030.D.
Section 3
Said interim zoning ordinance amendments shall be effective
for a period of not
more than six (6) months from the date of adoption thereof.
Section 4
All City ordinances and parts thereof in conflict herewith
are hereby temporarily
superseded by this ordinance for the time period as described in Section 3 above, insofar as
said ordinances or parts thereof may apply to the City of Bozeman and in the area of land
up to one (1) mile beyond the city limits; but said ordinances and parts thereof, insofar as
they may apply to that area of land one (1) mile beyond the city limits and up to three (3)
miles beyond the city limits, shall remain in full force and effect; the interim zoning ordinance
having no effect therein.
Section 5
Savings Provision. This ordinance does not affect rights and
duties that matured,
penalties that were incurred or proceedings that were begun before the effective date of this
ordinance.
Section 6
Severabilitv. If any provision of this ordinance is declared
unconstitutional, or the
applicability thereof to any person or circumstance is held invalid, the constitutionality of the
remainder of the ordinance and applicability thereof to other persons and circumstances shall
not be affected thereby.
- 4 -
--- ---------. --.- .-- ----------- ------.--. ...--.-
> >,
. .
.
,
. ...., ..
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 10th day of May 1993.
ATTEST:
r2t:, 01 ~~ /
ROBIN L. SULLIVAN
Clerk of the Commission
"
,
.
.
"
.
- 5 -
~
~ --
~._-..'-~~.
" -" ~
. :
NOTICE
OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on the 10th day of May 1993, at 7:00 p.m., in the
Commission Room, Municipal Building, 411 East Main Street, Bozeman, Montana, the
Bozeman City Commission will conduct a public hearing on proposed interim amendments
to the zoning ordinance, as follows:
1. Section 18.50.030.D - Water and Sanitary Sewer System Requirements
-
to allow the concurrent installation of infrastructure improvements and construction of a
specific project under certain circumstances, and setting the parameters therefor.
2. Section 18.110.A. - Public Street Frontage Required - to
allow the
concurrent installation of road improvements and construction of a specific project under
certain circumstances, and setting the parameters therefor.
Copies of the ordinance setting forth the proposed amendments are available for
review in the office of the Clerk of the Commission, 411 East Main Street, during regular
business hours.
Any and all interested persons are invited to attend the public hearing and submit
testimony in support of or in opposition to the proposed amendments to the zoning
ordinance.
Written comments will be accepted by the Clerk of the Commission until the close
1-
of the public hearing.
DATED this 28th day of April 1993.
ROBIN
L. SULLIVAN
Clerk
of the Commission
Display Ad
Publish: Sunday, May 2, 1993
"
i
- ---------------------
-- ---