HomeMy WebLinkAboutOrdinance 12- 1827 modifying Zoning Board of Adjustments, 7.
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ORDINANCE NO. 1827
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE 13OZEMAN MUNICIPAL CODE BE
AMENDED BY CREATING SECTIONS 2.05.2800, 2.05.2810, 2.05.2820, AND
2.05.2830 TO RELOCATE AND MODIFY PROVISIONS CREATING THE ZONING
BOARD OF ADJUSTMENT; AND BY AMENDING SECTIONS 38.17.090 TO
CHANGE REFERENCE TO REVIEW AUTHORITY, 38.33.010.G TO REMOVE
BOARD OF ADJUSTMENT PROCEDURES FROM CHAPTER 38 AND ADD CROSS
REFERENCE, 38.33.020.E REMOVE REFERENCE TO BOARD OF ADJUSTMENT,
38.34.010 RELOCATE ASSIGNMENT OF REVIEW AUTHORITY FOR ALL
ENTITIES AND PROCEDURES, 38.35.010 TO REMOVE REFERENCE TO BOARD
OF ADJUSTMENT, 38.35.020 CLARIFY REVIEW AUTHORITY AND PUBLIC
COMMENT PROVISIONS, 38.35.060 TO REVISE PROVISIONS FOR
PROCESSING OF ZONING VARIANCES, AND 38,40.020.A.5 TO CLARIFY
APPLICATION OF PUBLIC COMMENT AND MEETING PROCESSES, WHICH
AMENDMENTS WILL REVISE THE TERMS FOR THE ESTABLISHMENT AND
OPERATIONS OF A ZONING BOARD OF ADJUSTMENT TO ENABLE
FLEXIBILITY IN ITS APPOINTMENT AND ASSIGNMENT OF
RESPONSIBULITIES AND TO CONSOLIDATE REFERENCES TO REVIEW
AUTHORITIES THROUGHOUT CHAPTER 38.
WHEREAS, the City of Bozeman has adopted a Unified Development Ordinance
which establishes standards and procedures for development under the City's authority to zone
established in Title 76, Chapter 2, Part 3, MCA, and other authorities; and
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WHEREAS, Sections 76-2-321 through 76-2-328, MCA establishes requirements for
a Board of Adjustment and describes various functions and responsibilities of a zoning Board of
Adjustment; and
WHEREAS, Section 76-2-321, MCA, allows the City Commission to retain functions
and responsibilities of a Board of Adjustment when in their legislative judgment it is appropriate
to do so; and
WHEREAS, the adoption of ordinances or amendments to ordinances is time
consuming and slow to respond to changing circumstances; and
WHEREAS, the City Commission of Bozeman intends to establish a structure within
the municipal code and consistent with state law to enable the appointment and operation of a
Board of Adjustment at such times and with such duties as the City Commission deems
necessary and which can be responsive to community need; and
WHEREAS, the proposed Unified Development Ordinance text amendment
application has been properly submitted, and reviewed, and all necessary public notice was given
for all public hearings; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on July 31, 2012
to receive and review all written and oral testimony on the request for a Unified Development
Ordinance text amendment; and
WHEREAS, No members of the public offered comment on the proposed ordinance;
and
Page 2 of 16
WHEREAS, as shown in Zoning Commission Resolution Z-12064, the Bozeman
Zoning Commission recommended to the Bozeman City Commission that the proposed Unified
Development Ordinance text amendments be approved; and
WHEREAS, after proper notice, the City Commission held a public hearing on August
20, 2012 to receive and review all written and oral testimony on the request for a text amendment
to the Unified Development Ordinance; and
WHEREAS, the City Commission reviewed and considered the relevant Unified
Development Ordinance text amendment criteria established by Section 76-2-304, M.C.A., and
found the proposed Unified Development Ordinance text amendment to be in compliance with
the purposes of the title as locally adopted in Section 18.02.040, BMC, and that the amendments
would yield a superior outcome for the community than the text as presently exists; and
WHEREAS, at its public hearing on August 20, 2012, the City Commission found that
the proposed Unified Development Ordinance text amendment would be in compliance with
Bozeman's adopted growth policy and applicable statutes and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana,that:
Section 1
That Chapter 2, Administration, Article 5, Boards and Commissions of the Bozeman Municipal
Code be amended by adding a new division 16 to read as follows:
2.05.2800 BOARD OF ADJUSTMENT ESTABLISHED--POWERS AND DUTIES.
A. Pursuant to and under the provisions of Title 76, Chapter 2, Part 3, Montana Code
Annotated, the city commission may create and establish by resolution a municipal board of
adjustment (BOA) as provided in the title, and does by this chapter adopt all of the sections of
the laws of Montana previously mentioned that specifically pertain to a municipal BOA. The city
commission may choose to retain to itself the role and responsibilities of the BOA.
B. If the city commission chooses to establish a BOA separate from the city commission by
appointing members, the city commission shall by resolution grant and delegate to the board of
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adjustment those of the rights, privileges, powers, duties and responsibilities as they deem
appropriate while retaining to itself those privileges, powers, duties and responsibilities not so
delegated.
C. The city commission may by resolution dissolve a previously constituted BOA and by
such resolution shall reclaim to itself all authority and responsibility of the board and any
applications which may be in review process at that time for which a public hearing or public
meeting before the BOA has been advertised. A resolution to form or dissolve a BOA shall not
be passed until after the city commission shall hold a public hearing on the resolution after
giving public notice meeting the requirements of Section 7-1-4127, MCA. Adoption of a
resolution establishing or dissolving a BOA shall have such an effective date as will not interfere
with the consideration of a development application for which a public hearing has been noticed.
2.05.2810 JURISDICTION.
The board of adjustment shall have such jurisdiction as provided by state law and delegated by
the city commission.
2,05.2820 COMPOSITION.
A. When a separate board is appointed it shall consist of seven members. The term of
appointment is for three years, with staggered terms. Members shall be appointed by the city
commission. A member may be removed per MCA 76-2-322.
B. In selecting the members, the city commission shall give preference to residents of the city.
However, where a qualified resident is not available to serve, the city commission may appoint
up to one nonresident member who practices professionally, owns property or owns a business
within the city.
1. Preference should be given to applicants who have prior experience with local
government, who will uphold the intent and purpose of the city's land use regulations, and
who will honor the purpose of a board of adjustment,
2.05.2830 PROCEDURES
The BOA will be convened as necessary to review applications and conduct such other business
as may be delegated by the city commission or necessary to the proper function of the board. To
accomplish this purpose, certain procedures shall be adopted which may include, without
limitation, a regularly scheduled meeting attended by members of the BOA. A record of the
reviews and decisions shall be made. These records shall be preserved as part of the official
proceedings for each development proposal. The BOA shall generally follow "Robert's Rules of
Order" and may prepare and adopt supplemental procedural rules, upon the approval of the city
commission, that will ensure the accomplishment of the stated purpose and promote the
efficiency and effectiveness of the review process. The concurring vote of four members of the
BOA is required to approve or approve with conditions any application or other action.
Section 2
Section 38.17.090 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Page 4 of 16
Sec. 38.17.090. -Appeals.
.Aggrieved persons, as defined in article 42 of this chapter, may appeal the decision of the
review authority pursuant to the
provision of article 35 of this chapter. In such event, the issuance of a certificate shall be stayed
until the appeal process has been completed.
Section 3
Section 38.33.010.G of the Bozeman. Municipal Code be amended so that such section shall read
as follows:
G. Board of adjustment procedures established O will be
Tli:,� BOA VM 4VddYynad ¢
,.
the r-eviews and deeisions shall be made. These reeer-ds shall be pfesefved as pai4 of the effleiiii
, the BOA shall gener-ally f�ollew 11 I
Order"Rules of
, upen the appr-eval of
years,i- ----- of the stated pwpase and pfemete the
be fei:naved pef N4GA 76 2 322. The eeneii�ng vote ---r flebur members of- the board is
• , the &y eemmissien shall give pr-efiarenee to residepAs ef the
,,where a qualified resident is not available to serve,
a business within the eit)F-.
-goveftimetit, who A411 upheld the Went and piii-pose of the I
,..
. The BOA will be convened
as necessM and shall follow procedures as set forth in 2.05.2830 BMC.
Section 4
Section 38.33.020.E of the Bozeman Municipal Code shall be repealed and subsections F and G
shall be renumbered accordingly:
review,
approve,BOA ae4ioii to ,
addkiana4 materials, or deRy the applieant's pfepesal shall be
established.
Page 5 of 16
Section. 5
Section 38.34.010 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.34.010. -Review authority.
A. The city commission has the right to review and require revisions to all development
proposals subject to this chapter, and delegates that authority in certain circumstances as set forth
below
required by MG^ 76 2 402. The purpose of this review is to prevent demonstrable adverse
impacts of the development upon public safety, health or general welfare, or to provide for its
mitigation; to protect public investments in roads, drainage facilities, sewage facilities, water
facilities, and other facilities; to conserve the value of adjoining buildings and/or property, to
protect the character of the city; to protect the right of use of property; advance the purposes and
standards of this chapter and the adopted growth policy; and to ensure that the applicable
regulations of the city are upheld.
1. The City Comrnission retains to itself under all circumstances the review of the
following;;
a. Subdivisions which do not qualify as a subdivision exemption per article 5 of this
chapter
b. Amendments to the text of this chapter or amendment to the zoning ma
C. Determination to accept cash-in-lieu of park land dedications except in the B-3
zone district;
d. Extensions of subdivision preliminM plat approvals for periods greater than two
.years;
e. Planned unit development preliminga plans and major amendments to planned
unit developments;
f_ Conduct public hearing for applications under 76-2-402 MCA;
A eals from administrative inte retations and final ro'ect review decisions•
h. Approval of park master plans;
i. Large scale retail per Section 38.22.180• and
J Exceptions to installation of bikeways and boulevard trails per 38.24.11 O.E.
B. The planning director shall, upon. recommendation from the DRC, DRB, ADR, er WRB or
other advisory body as may be applicable approve, approve with conditions or deny all
applications subject to this chapter except those listed below, c-en-d-itie n- se eni* ned
, ._Decisions of the planning
director are subject to the appeal provisions of article 35 of this chapter.
Page 6 of 16
I Projects excluded from Planning Director review:
a. Those qpplications specifically reserved to another qpproval authori!K as stated in
this-section;
b. Development of city property which does not conform to all standards of this
chapter;
C. Conduct public hearing for applications under 76-2-402 MCA;
d. An y application involving variances from this chapter;
e. Subdivision preliminga and final plats not meeting the requirements for a
subdivision exemption per Article 5;
f, Conditional use permits;
R. Preliminary plans and major amendments to planned unit developments,
h. Large scale retail per Section 38.22.180;
i. Exceptions to design standards for trans portation—pALhways per section
38.24.110.E
j. Applications, except within the B-3 zoning district, which propose the use of
cash-in-lieu of parkland per Section 38.27.030;
k. Approval of park master plans,
1. Designation of historic or culturally significant signs,•
m. Applications with deviations except that the plannigg. director is the review
authority for applications which have:
(1) two or fewer.deviations, which deviations m,qy not request a more than 20%
char ge..in the standard for which the deviation is sou ht and
(2) which are not otherwise prohibited to the planning director for their review,•
n. Amendments to the text or the zoning may per Articles 36 and 37•
o. Extensions to subdivision review for periods exceeding two years-, and
p. Appeals from final administrative action on inteipretations or project final
decisions,
4-.2. Exception. The city commission may, by an affirmative, simple majority, vote of its
members at a regularly scheduled meeting reclaim to itself the final approval of a
development normally subject to the approval of the planning director. The vote shall occur
prior to the action of the planning director.
C. When a board of adjustment has been 4ppointed per Section 2.05.2800, BMC the The board
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of adjustment shall, upon recommendation from the DRC, DRB, ADR, er WRB or ether
advisory body as may be applicable approve, approve with conditions or deny those applications
specific, ally delegated to it by the city commission fef all vafianees and deviations,
plans with varianees ef ,
planned unit develepffietAs and . Decisions of the BOA are subject to the appeal
provisions of article 35 of this chapter.
1, Exception. The city commission may, by an affirmative vote of three of its members at
a regularly scheduled meeting reclaim to itself the final approval of a development normally
subject to the approval of the board of adjustment. The vote shall occur prior to the action
of the board of adjustment.
P. As detailed in artiele 33 of this , the eity aiAhefizes the development
+qaiaee, design , ,
planning , , eity ..
D. The Ci1y Engineer shall review and upon recommendation from the DRC DRB ADR or
RB or other advisory body as needed approve, approve with conditions or den the following
site elements and processes:
1. Site access and storm water for reuse and further development per section
38.19.140.B;
2. Location of storm water facilities within neighborhood centers per 38.23.020,
3. Allow the placement of private utility easements within public rights-of-way,owned or
controlled by the city.
4. The maximum len th of dead end water mains per 38.23.070•
5. The maximum length of service lines per 3823.070•
6. Exceptions to storm water controls per 38.23.080•
7. All modifications or proposed standards in 38.24.010 except 38.24.010.A.1;
8. Approve plans and specifications for public infrastructure and infrastructure to be
granted to the public per 38.24.060.A ,& B.1-3;
9. Allow alternate curb return radii per 38.24.090.C.2.e,
10. Approve locations and modifications to drive accesses to public streets per
38.24.090.G&H;
11. Approve street im rovement standards per 38.24.060;
12. Backing into alleys, parking; stall aisle and driveway design for surfacing and curbing
per 38.25.020.D,F&J,
13. Protection of landscaped area per 38.26.050.H-,
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14. All actions required of the flood plain administrator per article 331-
15. Approve modifications in required corn letion time for subdivision imrovements per
38.39.030.8.1,
16. Permit the use of a financial auarantee for paving of streets per 38.39.060.B-,
17. Allow waiver of required information per 38.41.080.A.2.i(3).
18. Require preparation of a traffic impact analysis and determine its contents per
38.41.120.A.2.c(5).
19. Establish specifications for paving of streets and parking areas- and
20. Desig Hate street classifications for collectors and arterials not shown in the long range
trans portation,ptan.
E. The Director of Public Service shall review and gpon recommendation from the DRC,
DRB, ADR or WRB or other advisojy body as needed apprgye�arove with conditions or de
the following development elements and processes:
1. A waiver of the requirement to extend water, sewer, and streets to the perimeter of
property being developed.per section 38.23.070-,
2. Water rights as authorized in 38.23,180•
3. Exce ptions to the level of service standards established in 38.24.060.D.4.
F. The director of parks and recreation shall determine the classification of trails per
3 8.27.11 O.D.
G. As detailed in article 33 of this chapter, the city commission authorizes the DRC, DRB,
WRB.,.....or.. ADR staff_ and other advisoKy bodies as applicable, to review and to make
recommendations to the review authority regarding development proposals.
E.H. The city commission or its designated representatives may require the applicant to design
the proposed development to reasonably minimize potentially significant adverse impacts
identified through the review required by these regulations. The city commission or its
designated representatives may not unreasonably restrict a landowner's ability to develop land,
but it is recognized that in some instances the unmitigated impacts of a proposed development
may be unacceptable and will preclude approval of the development as submitted. Recognizing
that the standards of this chapter are minimum requirements and the public health, safety, and
general welfare may be best served by exceeding those minimums, the city commission or
planning director may require as a condition of approval, additional landscaping, screening,
timing requirements, setbacks or other mitigation exceeding the minimums of this chapter.
Section 6
Section 38.35.010 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Page 9 of 16
Sec. 38.35.010. - Purpose.
A. This article is adopted:
1. To establish procedures for granting relief from the requirements of this chapter
subject to the standards of this article in order to preserve equitable implementation of the
law, prevent special treatment to particular parties and preserve the various rights
established by the state and United States constitutions of all persons subject to this chapter;
2. To provide through appeals of administrative interpretations a procedure for
consideration of and resolution of disputes regarding the meaning and implementation of
this chapter;
3. To provide through deviations a procedure for flexibility, as a means to support
creativity and excellence of design, in the application of the standards of this chapter in
overlay districts and planned unit developments as provided for in this chapter;
4. To provide through zoning variances a procedure for relief from the occasional
inequities created by the physical standards of this chapter relating to zoning when such
standards create a substantially unequal burden on a particular parcel of land in a fashion
that would otherwise prevent the reasonable use of property, owing to physical
circumstances unique to that parcel;
5. To prohibit the granting of variances that would be contrary to the public interest and
endanger public health, safety and welfare;
6. To provide through subdivision variances a procedure for relief from standards
relating to platting requirements or improvements within public rights-of-way when such
standards would result in undue hardship and are not essential to the public health, safety
and general welfare; and
7. To allow for appeals from decisions made by administrative staff approving,
approving with conditions or denying applications for development approval.
B, The beffd ef adjustmei4 shaii heaf and deeide varianees and deviafiens as followsi;
1. Auther-ize in speeifie easessueh &Niatiens from the tefms of this ehapter- felafifig to
. g as will adva-nee the ifAet4 efid pufpeses of this ehapter and fneet the standards
established for the granting of deviatieftsz,
2. AtAherilze in speeifie eases stieh zenkig vafiaiiees f+efn the physieal standefds of this
ehaptef, ei�ehisive of those items ineluded as s4d' i i . qees, Oia4 will not be eefftr�
to the ptiblie irAefest, whefe owing to speeW eenditieiis a liter-a! efifer-eeffiefit o
--e—sions will result in unneeessafy bar-dship, and se that the spirit ef this ehapter- shall b-e
e-b-sen,,ed-And substan6aljusfiee done,
C7 B. The eit�, eemmis i review authority shall hear and decide appeals of administrative
decisions,variances,,and deviations as follows:
1, When havipg..origfinal authorily or having,reclaimed per section 38.34.010 _
Page 10 of 16
a. Authorize in specific cases such deviations from the terms of this chapter relating
to zoning as will advance the intent and purposes of this chapter and meet the
standards established for the granting of deviations; and
b. Authorize in specific cases such zoning variances from the physical standards of
this chapter, exclusive of those items included as subdivision variances, that will not
be contrary to the public interest, where owing to special conditions a literal
enforcement of the provisions will result in unnecessary hardship, and so that the spirit
of this chapter shall be observed and substantial justice done.
2. Authorize in specific cases such subdivision variances from the platting requirements
and standards for improvements within public rights-of-way required by this chapter where
it is found that strict compliance would result in undue hardship and is not essential to the
public health, safety and general welfare.
3. Consider appeals from decisions of the planning director regarding subdivision
exemptions.
4. Consider deviations to standards of the title when proposed through a planned unit
development.
5. Hear and decide appeals where it is alleged there is error in any order, requirement,
decision or determination made by an administrative official in the enforcement of this
chapter or of any standards adopted pursuant thereto. An aggrieved person may appeal the
final decision of the planning director in the manner provided in this article.
Section 7
Section 38.35.020 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.35.020. - Hearing and notice requirements.
A. There shall be an opportunfty for public comment to the review authori a hearing-befere
the beffd of adjustment or- eity eomffiissie for any appeal of administrative decisions and
interpretations and for each application for any variance or deviation. When a public hearing is
required the The hearing shall be held at an appointed time and place. T-esti any Comment shall
be taken by the BOA or- eemmissie review authority from persons interested in the application
and from the planning depaAmenI staff.
B. The planning director er eity ele shall give public notice as required by article 40 of this
chapter of all public hearings or pjjblic comment periods. to be held before the BOA or- eity
. . e. Netifieatien ef appeal pr-eeediifes shall be inehided in !he inifial pesling and net4ee
of the proposal, provided 4ia4 an iiihial posting and nefiee is reqiAr-ed by a4iele 40 of this
ehapter-
Section 8
Section 38.35.060 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Page 11 of 16
See. 38.35.060. -,Zoning variances.
A. Application. A request for one or more variance shall be made by filing an application, with
appropriate fees, with the planning department dir-eeter- at least 30 calendar days prior to the
BOA hea4rg review authority's consideration of the Mplication and shall be accompanied by
the materials described in section 3 8.41.160
B. Investigation of facts. The BOA review..authority shall cause to be made such investigation
of facts bearing on the application as will provide necessary information to ensure that the action
on each such application is consistent with the intent and purpose of this chapter.
C. Criteria for consideration and decision. In acting on an application for a variance, the BOA
review authority shall designate such lawful conditions as will secure substantial protection for
the public health, safety and general welfare, and shall issue written decisions setting forth
factual evidence that the variance meets the standards of MCA 76-2-323 in that the variance:
1. Will not be contrary to and will serve the public interest;
2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary
hardship which would unavoidably result from the enforcement of the literal meaning of
this chapter:
a. Hardship does not include difficulties arising from actions, or otherwise be self-
imposed, by the applicant or previous predecessors in interest, or potential for greater
financial returns; and
b. Conditions unique to the property may include, but are not limited to, slope,
presence of watercourses, after the fact imposition of additional regulations on
previously lawful lots, and governmental actions outside of the owners control;
3. Will observe the spirit of this chapter, including the adopted growth policy, and do
substantial justice;
4. In addition to the criteria specified above, in the case of a variance relating to the flood
hazard provisions of article 31 of this chapter.
a. Variances shall not be issued for areas within a floodway if any additional
increase in flood elevations or velocities after allowable encroachments into the
floodway fringe would result;
b. Variances shall only be issued upon:
(1) A determination that the granting of a variance will not result in increased
flood hazards, present additional threats to public safety, be an extraordinary
public expense, create nuisances, cause fraud, victimize the public, or conflict
with existing state and local laws;
(2) A determination that the proposed use would be adequately floodproofed as
specified in article 31 of this chapter;
Page 12 of 16
(3) A determination that a reasonable alternate location outside the floodplain is
not available;
(4) A determination that the variance requested is the minimum necessary to
afford relief, considering the flood hazard; and
(5) Approval of the state department of natural resources and conservation,
upon request from the city, prior to formally approving any permit application
that is in variance to these regulations.
D. Authorization and limitations on approval.
1. The BOA review authority may, after public notice, opportunity for public comment,
and consideration of the application hearing, deny, approve or conditionally approve all
requests for variances meeting all the criteria of this section, including:
a. Requests to modify dimensional or other numerical requirements of this chapter;
b. Requests for multiple variances;
C. Requests to modify flood hazard district requirements subject to the provisions of
article 31 of this chapter, except that no variance shall be granted to allow construction
of buildings within the floodway of a 100-year frequency flood as defined in title 76,
chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.); and
d. Requests for variances in conjunction with conditional use permits—, -exeept
plap,iied ui-�il developme . Approvals of all such variances shall be conditioned upon
BOA review authority approval of the conditional use pen-nit.
2. The scope and extent of the variance shall be limited to the minimum relief necessary
to provide reasonable use of the property.
3. In no case may the BOA review authority grant variances to allow uses not already
permitted pursuant to this chapter or alter administrative requirements of this chapter.
Permission to change uses allowed on a parcel may be sought through a zone map
amendment., or an amendment to the text of the applicable zoning district, or through a
planned unit development subject to Article 38.20.
4. The e . - )te of fbuf members ef the 130A shall be fteeessar-y to effeet a*y
vafiailee efthis ehapter-.
-54. Notifications of approval for variances related to flood hazard requirements of article
31 of this chapter shall notify the applicant that:
a. The issuance of a variance to construct a building below the 100-year floodplain
elevation will result in increased premium rates; and
b. Such construction below the 100-year flood elevation increases risks to life and
property.
E. Effective time for B-OA decisions; variances void when. The decision of the BOA review
Page 13 of 16
authori shall be final except as provided in section 38.35.08,0. If a building permit or land use
permit is not obtained for the subject property within six months from the date of the--B4DA-!.&
review authority's decision, the variance shall be automatically canceled and become null and
void.
F. Variances, Variances are subject to MCA 76-2-321 through 76-2-328.
Section 9
Section 38.40.020.A.5. of the Bozeman Municipal Code be amended so that such section shall
read as follows:
5. The number, date, time and place of all relevant scheduled public hearings and public
meetings at which final decisions will be made by the eivy i, board e
aoj•astme , public hearings Lby the planning board or zoning commission, meetings of other
review bodies established by this chapter at which final decisions shall be made, or the date
of any final public comment deadline;
Section 10
Repealer
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this
ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the
City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 11
Savings Provision
This ordinance does not affect the rights and duties that matured, penalties that were incurred or
proceedings that were begun before the effective date of this ordinance. All other provision of
the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and
effect.
Section 12
Severability
That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity
of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be
invalid, illegal. or unconstitutional, and shall not affect the validity of the Bozeman Municipal
Code as a whole.
Page 14 of 16
Section 13
Codification
The provisions of Section 1 shall be codified as appropriate in Chapter 2 of the Bozeman
Municipal Code; and
The provisions of Sections 2-9 shall be codified as appropriate in Chapter 38 of the Bozeman
Municipal Code
Section 15
Effective Date
This ordinance shall be in full force and effect on the day of ak2012.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 27"' day of August, 2012.
SEAN SEAN A. BECKER
Mayor
Ma
OF 1-1
-A E&f
TT
S A'
"0,
C1 er
Page 15 of 16
FINALLY ADOPTED, PASSEL) AND APPROVED by the City Commission of the City
of Bozeman, Montana on second reading at a regular session ther of hel o the 10tb day of
September, 2012. The effective date of this ordinance is the of 2012.
SEAN A. BEiCKEIt
11 r) Mayor
ATTEST:
STAC u
City Cl k �r, `
APPROVED AS TO FORM:
' a X
+G LLIVA.1"+N
Ci ttomey
Page 16 of 16