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.
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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
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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.
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DON E. STUECK, Mayor
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
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