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HomeMy WebLinkAboutOrdinance 96- 1419, Moratorium on casinos _._-----------~_._--~ . --.--.. ..-..---.-...-.----.-.---..- 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. - 2 - _on.. '.u.__n_____. ~. 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. (.../' /../. ///7. / -/ ~ .;/ ~.. .... . .9 ?u:/;e:x: v{i//-( 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 - 3 -