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