HomeMy WebLinkAboutI1 UDO Board of AdjustmentsORDINANCE NO. 1670
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL
CODE BE AMENDED BY ADDING PROVISIONS TO TITLE 18 TO
INTEGRATE AN INDEPENDENT BOARD OF ADJUSTMENT, ADDING TO
THE PURPOSES OF TITLE 18, AND REVISING NOTICING REQUIREMENTS
FOR INITIAL ZONING.
WHEREAS, on October 22, 2001, the City Commission adopted Resolution No. 3486, adopting
the Bozeman 2020 Community Plan, a growth policy in compliance with Title 76, Chapter 1, Part 6, MCA;
and
WHEREAS, Title 18, Unified Development Ordinance was finally adopted by Ordinance 1604
on November 24, 2003; and
WHEREAS, Ordinance 1604 assigned the duties of a Board of Adjustment, as described in
Sections 76-2-321 et. seq. MCA, to the City Commission; and
WHEREAS, the City Commission identified that the public interest may be better served with
an independent Board of Adjustment and therefore directed the preparation of amendments to Title 18,
BMC to establish and incorporate an independent Board of Adjustment; and
WHEREAS, it also desired to include amendments regarding avoidance of nuisances and
amendment to noticing requirements for initial zoning in conjunction with annexation; and
WHEREAS, after required public notice the Zoning Commission held a public hearing on the
amendments on July 18, 2006 and provided their recommendation regarding the amendments to the City
Commission; and
WHEREAS, after required public notice the City Commission held a public hearing on August
7, 2006 to consider the formal amendments to the UDO, and continued the hearing to August 14, 2006; and
WHEREAS, the City Commission conducted a public hearing on August 14, 2006 to consider
the formal amendments to the UDO; and
WHEREAS, the Commission found the amendments to Title 18, Unified Development
Ordinance, would create a superior ordinance for the benefit of the citizens of Bozeman;
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana, that:
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Section 1
That Chapter 18.02, General Provisions, Bozeman Municipal Code be replaced in its entirety by
a new Chapter 18.02 and that the newly revised Chapter 18.02 shall read as follows:
See Exhibit A
Section 2
That Chapter 18.34, Site Plan Review, Bozeman Municipal Code be replaced in its entirety by a
new Chapter 18.34 and that the newly revised Chapter 18.34 shall read as follows:
See Exhibit B
Section 3
That Chapter 18.62, Development Review Committee (DRC), Design Review Board (DRB),
Administrative Design Review Staff (ADR), and Wetlands Review Board (WRB), Bozeman Municipal
Code be replaced in its entirety by a new Chapter 18.62 and that the newly revised Chapter 18.62 shall read
as follows:
See Exhibit C
Section 4
That Chapter 18.64, Administration, Fees and Penalties, Bozeman Municipal Code be replaced
in its entirety by a new Chapter 18.64 and that the newly revised Chapter 18.64 shall read as follows:
See Exhibit D
Section 5
That Chapter 18.66, Appeals, Deviations and Variance Procedures, Bozeman Municipal Code be
replaced in its entirety by a new Chapter 18.66 and that the newly revised Chapter 18.66 shall read as
follows:
See Exhibit E
Section 6
That Chapter 18.76, Noticing, Bozeman Municipal Code be replaced in its entirety by a new
Chapter 18.76 and that the newly revised Chapter 18.76 shall read as follows:
See Exhibit F
Section 7
Repealer.
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All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in
conflict herewith are hereby repealed.
Section 8
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 9
Savings Provision.
This ordinance does not affect the rights or duties that matured, penalties and assessments that
were incurred, approved and permitted projects, or legal proceedings that began before the effective date
of this ordinance.
Section 10
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
first reading, at a regular session thereof held on the ____ day of ___________________ 2006.
__________________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
_____________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
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___________________________________
PAUL J. LUWE
City Attorney