HomeMy WebLinkAboutOrdinance 96- 1435, Amends § 18.04.350, zoning
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KILLED -- December 23, 1996
ORDINANCE NO. 1435
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN
MUNICIPAL CODE BE AMENDED BY REVISING
SECTION 18.04.350,
PROVIDING FOR REVISION OF THE DEFINITION OF "CASINO", PERTAINING
TO THE NUMBER OF VIDEO GAMING MACHINES AND CARD TABLES, FOR
A SIX-MONTH PERIOD, UNLESS OTHERWISE EXTENDED BY LAW, IN ORDER
TO PROHIBIT USES WHICH WOULD
BE IN CONFLICT WITH A
. CONTEMPLA TED ZONING PROVISION UNDER CONSIDERATION BY THE CITY
COMMISSION.
Preamble
This ordinance is to protect the public peace, health and safety through the
adoption, as an urgency measure, an emergency interim zoning ordinance to
amend Section 18.04.350 of the Bozeman Municipal Code to prohibit uses
which would be in conflict with a contemplated zoning provision under
consideration by the Bozeman City Commission.
WHEREAS, the City Commission did, on the 1 st day of April 1996, adopt Ordinance No.
1419, an emergency interim zoning ordinance establishing a six-month moratorium on
submission and approval of conditional use permits for casinos within the city limits and within
one mile beyond the city limits in order to study and to consider appropriate zone code changes
to the Bozeman Municipal Code for the protection of public health, safety and welfare of the
. community; and
WHEREAS, the City Commission did, on the 30th day of September 1996, adopt
Ordinance No. 1430, extending the effective date an additional six months from the expiration
date of Ordinance No. 1419, unless otherwise extended in accordance with State law; and
WHEREAS, the City, in the course of its study, is considering amending the definition
of "casino" by lowering the threshold number of video gaming machines and card tables; and
WHEREAS, under current zoning, an establishment which has fifteen or more gambling
machines or more than one card table on the premises is defined as a "casino", which must first
obtain a conditional use permit before operating in the appropriate zone; and
WHEREAS, a public hearing is scheduled before the Bozeman City-County Planning
Board on January 22, 1997, and before the Bozeman City Commission on February 3, 1997, to
. consider amending the definition of a casino and other casino-related zoning proposals; and
WHEREAS, during the study of possible zoning options the Commission found that the
moratorium enacted and extended under Ordinance Nos. 1419 and 1430, respectively, did not
encompass a use of property containing less than fifteen gaming machines or a single card table,
which will be in conflict with the zoning proposal being considered by the City Commission; and
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WHEREAS, Section 76-2-306, Montana Code Annotated, provides for adoption of
interim zoning ordinances prohibiting any uses which may be in conflict with a contemplated
zoning proposal which the legislative body is considering or studying; and
WHEREAS, in addition, Section 7-3-4326, 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
Section 18.04.350 of the Bozeman Municipal Code be amended, so that such section
shall read as follows:
" 18.04.350 Casino.
A. "Casino" means any establishment whose primary usc or activity is I~:iri
gambling ~999:t~, either in the form of gambling machines (video poker, keno, etc.), card
games, or other licensed gambling activity. ^ caGino will normally have bevcragc and
rc~Jtaurant facilitics as ancillary uscs. In all instances, an establishment will be
. considered a casino for the purpose of these regulations if any of the following
characteristics apply:
1. The establishment is referenced as a casino by signage or
by name;
2. More than ogne p~::119~i card table~f5i;ti on the premises;
3. Fiftccn or more an'i gambling machines are on the
premises; or
4. The predominant source of income is from gambling
revenue.
B. Cenerally, an establishment will not be oonsidered a oa:::ino when the premioo:::
contains no live card games, has 103s than oix gambling machincs, and thc gambling
devices arc clead'f inoidental to the primary use of the ostabli:::hmont."
. Section 2
This ordinance 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 ordinance 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
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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. The moratorium established by Ordinance No.
1419 and extended by Ordinance No. 1430 shall not be affected or repealed by this ordinance.
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.
PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session thereof held on the 23rd day of December 1996.
ATTEST: DON E. STUECK, Mayor
.
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
PAUL J. LUWE
City Attorney
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