Loading...
HomeMy WebLinkAboutOrdinance 02- 1565 Adopting Revisions to the Bozeman Zoning OrdinanceORDINANCE NO 1565 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA ADOPTING BY REFERENCE COMPREHENSIVE REVISIONS TO THE CITY OF BOZEMAN ZONING ORDINANCE ATTACHED HERETO AND INCORPORATED BY REFERENCE AS THOUGH FULLY SET FORTH HEREIN AND ADOPTING BY REFERENCE A NEW OFFICIAL ZONING MAP WHEREAS Title 76 Chapter 2 part 3 MCA empowers the City to enact a zoning ordinance and to provide for its administration enforcement and amendment and WHEREAS the City Commission pursuant to the provisions of Title 76 Chapter 1 Part 6 MCA has adopted a growth policy for its jurisdictional area and regulations have been prepared in accordance with the plan and WHEREAS Section 76 2 304 MCA requires zoning regulations to be in accordance with a growth policy and WHEREAS the City Commission determined that amendments to the existing zoning regulations are needed to bring the City s zoning regulations into compliance with the new adopted growth policy and WHEREAS the City Commission determined that a certain subset of revisions to the zoning regulations were of the most importance for immediate consideration and possible implementation and WHEREAS amendments to the zoning regulations were drafted for consideration by the public advisory bodies and elected officials and WHEREAS the draft amendments were the subject of public hearings before the Zoning Commission as required by Section 76 2 307 MCA on March 20 2002 and April 2 2002 and WHEREAS the Zoning Commission forwarded a recommendation of text and map revisions to the City Commission for their consideration as required by Section 76 2 307 MCA and WHEREAS the City Commission held public hearings to take public testimony and consider the recommendation of the Zoning Commission on April 15 2002 and April 22 2002 and WHEREAS the City Commission found that the amendments as recommended by the Zoning Commission with certain minor changes were desirable to help bring the zoning regulations into compliance with the City s adopted growth policy and WHEREAS the City Commission found that additional revisions to the zoning regulations are necessary to fully develop zoning regulations in compliance with the City s adopted growth policy and directed staff to proceed with the development of such additional revisions and WHEREAS the City Commission voted to adopt and implement the proposed revisions to the zoning regulations as an initial step to full compliance with the adopted growth policy and WHEREAS the City Commission has after proper notice public hearing and recommendation from the Zoning Commission previously considered and approved other amendments to the official zoning map since the last adoption of an official zoning map and WHEREAS for purposes of governmental economy the City Commission wishes to complete by adoption of a single amended map the amendment process for such previously approved zone map amendments rather than undertake multiple independent revisions to the official zoning map and WHEREAS a new official zoning map has been prepared which accurately incorporates all of the previously approved zone map amendments as well as the current amendment NOW THEREFORE BE IT ORDAINED by the City Commission of the City of Bozeman Montana that Section 1 This zoning Ordinance is adopted under the authority of the Municipal Zoning Enabling Act Sections 76 2 301 through 76 2 328 Montana Code Annotated Section 2 The purpose of this zoning Ordinance is to promulgate and adopt such regulations that 1 Are designed in accordance with the Bozeman Master Plan 2 Are designed to lessen congestion in the streets 3 Will secure safety from fire panic and other dangers 4 Will promote health and the general welfare 5 Will provide adequate light and air 6 Will prevent the overcrowding of land 7 Will avoid undue concentration of population 8 Will facilitate the adequate provision of transportation water sewerage schools parks and such other public requirements 2 9 Give reasonable consideration to the character of the district 10 Give reasonable consideration to the district s peculiar suitability for particular uses 11 Give reasonable consideration to conserving the value of buildings 12 Will encourage the most appropriate use of land throughout the jurisdictional area Section 3 That Title 18 of the Bozeman Municipal Code be replaced in its entirety by a newly revised zoning ordinance and that the newly revised Title 18 shall read as follows See Exhibit A Section 4 Thatthe official zoning map referenced in Chapter 18 06 Bozeman Municipal Code and authorized by Section 76 2 302 MCA be replaced in its entirety by a new official zoning map and that such map shall be as follows See Exhibit B Section 5 Repealer All resolutions ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed Section 6 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 7 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 3 Section 8 Effective Date This ordinance shall be in full force and effect 30 days after second reading by the Bozeman City Commission PASSED by the City Commission of the City of Bozeman Montana on first reading at a regular session thereof held on the 28th day of May 2002 sfE EN R KI HH FF May ATTEST at ROBIN L ULLlVAN Clerk of the Commission PASSED ADOPTED AND APPROVED by the City Commission of the City of Bozeman Montana on second reading at a regular session thereof held on the lOth day of June 2002 SdR ATTEST Jd J ROBIN L SULLIVAN Clerk of the Commission 4 n