HomeMy WebLinkAboutOrdinance 15- 1921 Amending City's Zoning Map on North Seventh Ave v
ORDINANCE NO. 1921
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 3.889 ACRES TO B-2 (COMMUNITY BUSINESS DISTRICT) LOCATED
AT 2507 AND 2511 NORTH SEVENTH AVENUE.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302,Mont. Code Ann.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, Mont. Code Ann.; states that the Zoning Commission
must conduct a public hearing and submit a report to the City Commission for all zoning map
amendment requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307,Mont. Code Ann.; and
WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone
Map to establish an initial zoning classification of B-2 (Community Business) on 3.889 acres,
has been properly submitted,reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on July 7,2015,to
it
receive and review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved as requested by the applicant subject to
contingencies necessary to complete adoption by ordinance; and
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Page 1 of 4
Ordinance No. 1921, The Murdochs Zone Map Amendment
WHEREAS, after proper notice,the City Commission held its public hearing on July 20,
2015, to receive and review all written and oral testimony on the request for a zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map
amendment criteria established in Section 76-2-304, Mont. Code Ann., and found that the
proposed zone map amendment would be in compliance with the criteria.
NOW THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the zoning district designation of the following-described property is hereby designated as
"B-2" (Community Business District):
Four(4)tracts of land located in the SE1/4 of Section 36,Township 1 South,Range 5 East,
P.M.M., City of Bozeman, Gallatin County,Montana,being more fully bounded and described
as follows:
Tracts 5, 6, 9 and 10, Gordon Mandeville State School Section Subdivision. Said tracts
containing in area 3.889 acres.
SUBJECT to all easements of record or apparent from a visual inspection of the property.
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.
Page 2 of 4
Ordinance No. 1921,The Murdochs Zone Map Amendment
Section 3
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Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
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
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid,the same shall not affect
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 not be codified but shall be kept by the City Cleric and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in
a category entitled"Zone Map Amendments."
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Effective Date.
This ordinance shall be in full force and effect thirty(30)days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana,on first reading at a regular session held on the 51`day of October, 2015.
Page 3 of 4f
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Ordinance No. 1921, The Murdochs Zone Map Amendment
JEF K. USS
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ATTEST:
^\ 'A•Ss g p H ^fir T
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Ci Clerk
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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 19th day of
October, 2015. The effective date of this ordinance is November 19th,2015.
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APPROVED AS TO FORM:
G + SULLIVAN
City Attorney
Page 4 of 4
MURDOCH'S ANNEXATION AND ZONE MAP AMMENDMENT OF
TRACTS 5, 6, 9 & 10 OF THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION
SITUATED IN THE SE1/4 OF SECTION 36, TIS, R5E, P.M.M.,
GALLATIN COUNTY, MONTANA
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