HomeMy WebLinkAboutOrdinance 96- 1419, Moratorium on casinos
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ORDINANCE NO.
1419
AN EMERGENCY INTERIM ZONING ORDINANCE
OF THE CITY
COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR
A SIX-MONTH MORATORIUM ON SUBMISSION AND APPROVAL OF
CONDITIONAL USE PERMITS FOR CASINOS WITHIN THE CITY LIMITS
AND WITHIN ONE (1) MILE BEYOND THE CORPORATE BOUNDARIES OF
THE CITY DUE TO THE PROLlFERA TION
OF SUBMISSION OF
. CONDITIONAL USE PERMIT APPLlCA TIONS FOR CASINOS
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 submission and approval
of conditional use permits for casinos, in order for the Commission to study
and consider appropriate amendments to the zone code pertaining to such
uses. This ordinance does not affect conditional use permit applications for
casinos filed before the date of adoption of this ordinance.
WHEREAS, applications for conditional use permits for casinos have proliferated
within the past year in the City's jurisdictional area; and
WHEREAS, members of the public, as well as members of the Commission, have
expressed concerns regarding the significant expansion of casinos in areas of the community
. where the use may not be appropriate; and
WHEREAS, the City Commission has directed staff to process a significant number
of amendments to the zone code; and
WHEREAS, the City Commission wishes to more fully explore the desirability of
various options for regulating the use and location of casinos within the City's zoning
jurisdiction; 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 7-3A326, 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 submission and approval of conditional use permits for casinos
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 the area of land
up to one (1) mile beyond the city limits.
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 are declared to be severable.
Section 6
Savings Provision.
. This ordinance does not affect the rights or 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.
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PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 1st day of April 1996.
a z /3~
DON E. STUECK, Mayor
ATTEST:
.@:J~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
~7.
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PAUL J.~E
City Att mey
.
State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do
hereby certify that the foregoing Ordinance No. 1419 was published by title and number in
the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said
City, in the issue dated the 7th day of April 1996, and due proof of such publication is on
file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my
. office.
O~y~,
ROBIN L. SULlJV AN
Clerk of the Commission
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