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HomeMy WebLinkAbout16- Ordinance 1930 Amending Sections of the BMC for Workforce Housing �j Co. p f c 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38.22.030, 38.22.090, 38.23.030, 38.27.020, 38.38.030, 38.41.060, 38.41.070 AND 38.41.080 TO REMOVE REFERENCES TO REPEALED CHAPTER 10 ARTICLE 8, (WORKFORCE ` HOUSING) AND REPLACE WITH REFERENCES TO CHAPTER 38 ARTICLE 43 (INCLUSIONARY HOUSING) AND INCLUDING AN EFFECTIVE DATE.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 i 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 i 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 i 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 k 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 f Severability. i 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 l 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. E Section 5 Codification. This Ordinance shall be codified as indicated in Section 1. c Effective Date. This ordinance shall be in full force and effect on February 5, 2016. Page 3 of 5 i 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 i ATTEST: - J ST �lV�CEN,;CIVIC . City Clerk< APPROVED AS TO FORM: k GR G� SULLIVAN City Attorney t i Page 5 of 5 r i