HomeMy WebLinkAbout16- Ordinance 1930 Amending Sections of the BMC for Workforce Housing �j Co. p
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ORDINANCE NO. 1930 r
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE FOLLOWING SECTIONS OF THE BOZEMAN
MUNICIPAL CODE: 2.06.1640, 2.06.1650, 2.06.1660, 2.06.1670, 2.06.1700, 38.08.020,
38.08.030, 38.08.040, 38.10.020, 38.11.020, 38.12.020, 38.14.030, 38.20.090, 38.22.030,
38.22.090, 38.23.030, 38.27.020, 38.38.030, 38.41.060, 38.41.070 AND 38.41.080 TO
REMOVE REFERENCES TO REPEALED CHAPTER 10 ARTICLE 8, (WORKFORCE `
HOUSING) AND REPLACE WITH REFERENCES TO CHAPTER 38 ARTICLE 43
(INCLUSIONARY HOUSING) AND INCLUDING AN EFFECTIVE DATE.
WHEREAS, The City of Bozeman (the "City") is authorized by the City Charter and
Montana law to adopt land development and use standards to protect public health, safety and
welfare; and
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WHEREAS, on November 16, 2015 the Bozeman City Commission provisionally
adopted Ordinance 1922 regarding inclusionary housing upon due notice and an opportunity to
be heard and finally adopted Ordinance 1922 on December 7, 2015; and L
WHEREAS,the amendments to the Bozeman Municipal Code (BMC) included in this
Ordinance are administrative amendments to the BMC required as a result of final adoption of
Ordinance 1922; and
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WHEREAS, the Bozeman Zoning Commission and Planning Board held a joint public
hearing on September 8, 2015 to receive and review all written and oral testimony regarding the
inclusionary housing and Ordinance 1922; and
WHEREAS, the Bozeman City Commission determines all references currently
established in the Bozeman Municipal Code to chapter 10, article 8 (workforce housing) be
continued in full force and effect and that all such references to chapter 10, article 8 (workforce
housing) be amended to reference inclusionary housing as included in Ordinance 1922.
Page 1 of 5
Ordinance No. 1930, Inclusionary Housing References within BMC
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Recognizing the repeal of chapter 10 article 8 (Work Force Housing) pursuant to
Ordinance 1922, that the following sections of the Bozeman Municipal Code be amended to
change all references in the Bozeman Municipal Code from chapter 10 article 8 (Work Force
Housing)to chapter 38 article 43 (Inclusionary Housing):
2.06.1640.A.Ld—Street Impact Fees
2.06.1650.A.Ld—Fire Impact Fees
2.06.1660.A.2—Water Impact Fees
2.06.1670.A.2—Waste Water Impact Fees
2.06.1700.H—Misc. Impact Fees
38.08.020 (table 38.08.020 footnote 7 and footnote 8)—Residential Authorized Uses
38.08.030.A.6 (two references) - Lot Coverage
38.08.040 (table 38.08.040-1 footnote 7)—Lot Area Width Residential
3 8.10.020 (table 3 8.10.020 footnote 6)—Commercial Authorized Uses
38.11.020 (table 38.11.020 footnote 1)—Urban Mixed Use Authorized Uses
38.12.020 (table 38.11.020 footnote 11)—Industrial Zoning Authorized Uses
38.14.030.0—Lot Area Width NEHMU
38.20.090.E.2.a(7)(a)—PUD Performance
38.22.030.B.9—ADU standards
38.22.090.D—Standards for specific uses—condo
38.23.030.F—Lot
38.27.020.A.4 (four references)—Park Area
38.38.030.A.10—Supplementary Documents - Covenants
38.41.060.A.20—Additional Subdivision Preliminary Plat Submittals
38.41.070.A.6—Final Plat submittal materials
38.41.080.A.2.p (two references)—Site Plan submittal materials
Page 2 of 5
Ordinance No. 1930, Inclusionary Housing References within BMC
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Section 2
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 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were F
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incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
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Severability.
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That should any sentence, paragraph, subdivision, clause, phrase or section of this I'
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
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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.
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Section 5
Codification.
This Ordinance shall be codified as indicated in Section 1.
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Effective Date.
This ordinance shall be in full force and effect on February 5, 2016.
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Ordinance No. 1930, Inclusionary Housing References within BMC
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 14th day of December 2015.
JEFFI&Y K. KRAUSS
Mayor
ATTEST:
S AC ULMEN, CMC
City Clerk
Page 4 of 5
Ordinance No. 1930, Inclusionary Housing References within BMC
FINALLY 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 4th day of
January, 2016. The effective date of this ordinance is February 5, 2016.
CARSON TAYLOR
Mayor
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ATTEST: -
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ST �lV�CEN,;CIVIC .
City Clerk<
APPROVED AS TO FORM:
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GR G� SULLIVAN
City Attorney
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