HomeMy WebLinkAboutOrdinance 97- 1440, Extends of Ord. 1430, moratorium on submission and approval of conditional use permits for casinos
ORDINANCE NO. 1440
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, PROVIDING FOR A SIX-MONTH EXTENSION OF THE
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,
ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE NO. 1419
AND EXTENDED BY INTERIM ZONING ORDINANCE NO. 1430.
.
WHEREAS, on the 1 st 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, the six-month moratorium expired on October 1, 1996; and
WHEREAS, the Bozeman City Commission did, on the 30th day of September 1996,
adopt Ordinance No. 1430, extending the moratorium for a period of six months; and
WHEREAS, public hearings have been held 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 Bozeman City Commission has directed the preparation of an
ordinance to implement zone code amendments pertaining to casinos; and
WHEREAS, the six-month extension expires on April 1, 1997; and
WHEREAS, additional time is necessary to adopt the proposed zone code
amendments; 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 not more than two such extensions
may be adopted; and
. WHEREAS, the Bozeman City Commission finds that the 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:
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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 an additional six months from the
expiration date of Ordinance No. 1430 or until the date Ordinance No. 1434 becomes
. effective, whichever occurs earlier.
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. 1430 or until the date Ordinance No. 1434 becomes
effective, whichever occurs earlier.
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
Savings Provision.
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.
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 17th day of March 1997.
( r;J1h? Z ~~
DON E. STUECK, Mayor
ATTEST:
. (?~ d d/fl~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
.
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