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HomeMy WebLinkAboutOrdinance 96- 1430, Extends of Ord. 1419, moratorium on submission and approval of conditional use permits for casinos ORDINANCE NO. 1430 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING FOR THE EXTENSION OF THE SIX-MONTH MORATORIUM ON SUBMISSION AND APPRO V AL OF CONDITIONAL USE PERMITS FOR CASINOS WITHIN THE CITY LIMITS AND WITHIN ONE (1) MILE BEYOND THE CORPORATE BOUNDARIES OF THE CITY, ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE NO. 1419. . WHEREAS, on the 1st day of April 1996, the Bozeman City Commission adopted emergency interim zoning Ordinance No. 1419, establishing a six-month moratorium on the submission and approval of conditional use permits for casinos within the city limits and one (1) mile beyond the corporate boundaries in order 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; and WHEREAS, a public hearing has been initially scheduled for October 7, 1996 before the Bozeman City Commission to consider proposed zone code amendments to regulate the use and location of casinos within the City's zoning jurisdiction; and WHEREAS, the six-month moratorium expires on October 1, 1996; and WHEREAS, additional time is required for processing proposed zone code amendments . to enact zoning regulations pertaining to casinos; and WHEREAS, Section 76-2-306, M.C.A., provides that the City Commission may extend an interim zoning Ordinance for one (1) year; and WHEREAS, the Bozeman City Commission finds that a six-month extension of emergency interim zoning Ordinance No. 1419 is necessary for the preservation of public peace, property, health and safety. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that Section 1 The moratorium on the submission and approval of conditional use permits for casinos . within the City of Bozeman and within an area of one (1) mile beyond the corporate boundaries of the City of Bozeman is hereby extended for a period of six (6) months. Section 2 This ordinance shall be effective upon passage and the provisions of Ordinance No. 1419 shall continue to be in full force and effect for an additional six months from the expiration date of Ordinance No. 1419, unless otherwise extended in accordance with State 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. .s. p .. Section 4 avsn9s rovlslon. This ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred or proceedings that were begun before the effective date of interim zone Ordinance No. 1419. 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 Effective Date. This ordinance shall be in full force and effect immediately upon its passage. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a special session thereof held on the 30th day of September 1996. c00'>?c ~~ DON E. STUECK, Mayor ATTEST: at ;i~ ROBIN L. SULLIVAN Clerk of the Commission . - 2 . - - - ---