HomeMy WebLinkAboutResolution 174 Zoning Commision
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C01~lISSION RESOLUTION NO. 174
I A COMMISSION RESOLUTIN OF THE CITY OF BOZEMAn, :PROVIDING
FOR TIlE APPOINTI\'IENT OF A COT,mISSION TO BE KNOWN AS A
ZONING COMMISSION TO RECO:tv1MEND THE BOUNDAlnT~S OF DISTRICTS
AND A.i:'PROPRIATE REGULATIONS TO BE ENFORCED THEREIN,
IN
THE CITY OF BOZEIIIAl'T, UNDER AND }3Y VIRTUE OF THE PROVISIUNS
OF CHAPTER 136, OAWS OF MONTANA, TWENTY-FIRST SESSION, 1929.
W HER E A S:
(1 ) Challter 136,
Laws of Montana, Twenty-first Session, 1929,
entitled
"an Act to
Enable Cities and Incorporated Towns to
Regulate and
Restrict the Size and Ch::,racter of
Buildings
and structures, the Space Occupied by Them,
and the Location
and Use Thereof, and to Divide Such
Municipalities
Into Districts, and to Regulate the
Same,
and to Provide a Method of Procedure for the
Creation of
Such Districts and the Making and Enforc-
ing of Regulations,
and to Provide for the Appoint-
ment of a
Zoning Commission and a Board of Adjust-
ment, and
for the En:(:'orcement of this Act and Any
Ordinances
or Regulations Made tInder Its Authority"
provides that the Commission of the City of Bozeman is
"empowered
to regulate and restrict the height,
number of
stories, and size of buildings and
other structures,
the percentage of lot that may
be occupied,
the size of yards, court s,
and
other open
spaces, the density of population,
I and the location
and use of buildings, structures
and land for trade,
industry, residence, or
other purposes;"
and
(2 ) "In order
to avail itself of the powers conferred by this Act, the
City or Town Councilor other legislative body,
shall appoint a commission, to
be
known as the Zoning Commission,
to reconmend the b01mdarie s of the various
original districts and appropriate regulations to be enforced therein.
Suoh
Commission shall make a preliminary report and hold public hearings thereon
before
submitting its final report, and suoh City or Town Councilor other legislative
body shall not hold its public hearings or take aotion until it has received
the
final report of such Commission";
and
(3 ) A petition
was filed by the Woman's Club with the ~ommission of the
City of Bozeman on the 6th day of December, 1929, requesting that the
Commission
of the City of Bozeman take advantage of said law, and provide for the
regulation
and restriction of buildings in the Lity of Bozeman and the creation of
districts
and appropriate regulations to be enforced therein; and
I (4 ) Said Petition
was duly referred to the City Manager for invest-
igation and report, and the City Manager
has made his report to the Commission; and
(5) The Commission of the City of Bozeman deems it proper
that the
Petition of the Woman's Club be granted, and that the necessary proceedings
be
initiated for the zoning of the City of Bozeman, provided the Lommission
duly
appointed as provided by said law recommends the same;
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NOW THEREFORE,
BE IT RESOLVED BY THE COl~JISSION OF THE CITY OF BOZEMAN:
(6 ) That under and by virtue of the provisions of Chapter
136, Lar.s
I
of Montah~, Twenty-First Session,
1929, a Zoning
Commission be, and the same is,
hereby created and appointed;
that the same shall be known as the Zoning Commission
of the City of Bozeman, and
shall consist of eleven members;
( 7 ) That said Zoning Commission shall consist of
a representative of
the Local Bar Association, Woman's Club,
Local Real Estate Agents' Association,
Contractors, Local Architects,
Local Labor Unions, Business Men, and such other
representatives as the Commission may see fit to designate;
(8) That Fred F. Willson, Elmer Bartholomew, Mrs. Ella T.
Martin,
cJ J. White,
Carl Lehrkind, Mrs. Wm. Bole, John ]'abrick,
W. W. Todd, A. C. Talmadge,
.
Mrs. G. Y. Patten, and Fred Lay be,
and they are, hereby appointed
members of
said ~oning Commission;
( 9 ) That the City Manager shall notify said persons of their
appoint-
me n t ; that they shall irl1ffiediately meet and organize;
tha t one of the members
shall be elected President,
another Vice-President, and one of their members,
or
a suitable person whom they shall select,
shall act as Secretary;
(10) PRELIMINARY PROCEEDINGS AND REPORT:
I
That immediately upon the organization of the
Zoning Commission it shall
(a) Make a s-rvey and a preliminar;y Report to the Commission
of the
Ci ty of Bo zeman emboclying
\
recommendations as to
the necessity or
desirability of a Zoning Ordinance;
(11) SUBSEG.UENT PROCEEDINGS AND FI HAL REPOHT:
That if a Zoning Ordinance is deemed and considered necessary or desir-
able, and it is so recommended to
the Gity Commission by the ~oninc Commission,
the Zoning Commission shall hold such public hearings at such times and at such
place as it may fix; that
upon the conclusion of the pub lie hearinC:s, the Zoning
Commission shall present to and file with the Corr~ission of the 0ity of Bozeman
a Final Report, which Final Report
shall include and embody a proposed Zoning
Ordinance
(a) Dividing the City of Bozeman into districts of such
number, shape and area as may be best suited to
carry out the purposes of' the proposed ordinance;
( b ) Regulating and restricting the erection, construction
and reconstruction or alteration, repair or use of,
I
buildings, structures,
or land in the several districts;
(c) Providing regulations which sLall be uniform for each
class or kind of building throughout each district,
but the regulations in one district may differ from
those in other districts;
( d) Providing such other regulations as may be deemed
necessary and proper in order that a complete Ordinance
for the Zoning of the City of Bozeman shall be hud,
pur-
suant to the provisions and authority of said Chapter 136;
(12) That said Zoning Commission in making its survey and recommendation,
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and the proposed Zoning Ordinance, if one be deemed necessary or desirable, shall
be governed by the provisions and authority of said Chapter 136 hereinbefore
.1 referred to;
(13) That the ~3aid Zoning Commission shall keep a record of its
meetinf's, and that both its Preliminary Heport and Final Report sLall embody
and include a record of the minutes of such meetings and any public hearings held
as herein set forth;
(14) That for the purpose of carrying out the provisions of this
Ordinance, and defraying the stenographic expense, there be, and there is hereby,
appropriated the sum of $50.00, to be paid from the General Fund, and upon Order
and claim therefor, duly approved by the President of the Zoning Commission;
(15) That a certified copy of this Resolution, together with a copy
of said- (;haptel" 136, and any other information or data that the l'janager or Ci ty
Attorney st~ll or may have, shall be delivered to the President of said Zoning
Commission for its information and guidance.
PASSED AND ADOPTED by the Commission of the City of Bo~eman at a
\ regular session thereof held on the 14th day of March, 1930.
I ~.~.
( Mayor /
Attest:
t,Q~S~A~.
Cler 0 e ommlSSlon
.
I, Elizabeth Jolmson, Clerk of the Comraission of the City of Bozerllal':',
rllontanEc, <10 hereby certify that the foregoing Resolution No. 174 of the City
of Bozernall, Llontana, was published at lenGth, in the Bozeman Daily Chronicle, a
daily nevrspaper oT general circulation, printed and published in the Cit;; of
Bozeman, in the issue of March 14, 1930, and that due pI'oof of Se:. id :oublicatiol1
was '0. de and filed i.. ny office.
IN ':fITNESS rnmHEO:b' I have hereunto set YllY hand and the corporate
seal of said Oi ty this 14th day of I.Iarch, 19~5J.
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. . lerJ.r f the C -;~ission
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