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HomeMy WebLinkAboutOrdinance 77- 990, Amends §§ 18.09.070, 18.72.030, 18.75.050, 18.93.040, 18.93.050, and 18.96.030, zoning 429 ORDINANCE NO. 990 AN ORDINANCE AMENDING SECTIONS 18.09.070, 18.72.030, 18.75.050, 18.93.040, 18.93.050, AND 18.96.030 OF THE BOZEMAN MUNICIPAL CODE RELATING TO NOTICE OF PUBLIC HEARINGS AND FEE SCHEDULES FOR CONDITIONAL USES, VARIANCES AND AMENDMENTS, AND CHANGE TO THE ZONING TITLE AND PROVIDING FOR AN EFFECTIVE DATE. I BE IT ORDAINED BY THE CITY COMMISSI~N OF THE CITY OF BOZEMAN, MONTANA, AS FOLLOW& TQ,WIT: Section 1 That Section 18.09.070 of the. Bozeman Municipal Code be and the same hereby amended to read as follows: 18.09.070 SCHEDULE OF FEES, CHARGES AND EXPENSES The City Commission shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, appeals, and other matters pertaining to this ordinance. The schedule of fees listed below shall be posted in the office of the Building Official and may be altered or amended only by the City Commission. No permit, zone change, conditional use, or variance shall be issued unless or until such costs, charges, fees, or expenses listed below have been paid in full, nor shall any action be taken on proceedings before the Zoning Commission, City CommissioIt or the Board of Adjustment, unless, or until preliminary charges and fees have been paid in full. FEE S - - -- Zone Change or Code Amendment $75.00 :'! Variance (a) Standard $50.00 (b) Single Family $35.00 Conditional Uses (a) Standard $50.00 (b) Transitional Zone Only $35.00 (c) Planned Unit Development $50.00 or $2.00 per unit, I whichever is greater (d) Mobile Home Parks $50.00 plus $1.00 per lot (e) Travel Trailer Parks $50.00 plus $1.00 per lot Building Permits ~ As set forth by the Uniform Building Code adopted by the City Commission Section 2 That Section 18.72.030 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 18.72.030 CONDITIONAL USE PERMIT PROCEDURE l. All applications for conditional use permits shall be filed in the office of the Building Inspector accompanied with a $50 filing fee except for the following: Transitional Zone Only $35.00 Planned Unit Development $50.00 or $2.00 per unit, whichever is greater Mobile Home Parks $50.00 plus $1.00 per lot Travel Trailer Parks $50.00 plus $1.00 per lot 2. The City Zoning Commission shall then cause to be made such investigation of facts bearmng on the application as w~ll provide necessary information to assure that the action on each application is consistent with the intent and purpose of this ordinance. 3. The Building Inspector shall give public notice of all public hearings to be held before either the Bozeman Zoning Commission or the Bozeman City Commission. Said notice shall be published at least once in a newspaper and having general circulation in the City of Bozeman, not more than thirty (30 ) days nor less than ten (10) days prior to the public hearings. I Said notice shall specify the number, date, time and place of all scheduled pUblic hearings. It shall state the name and address of the applicant;.;" the name and address of the owner of record of..the property, and a leg~l description of the property affected, the street address or its location by approximate distances from the nearest major street or road intersections so that the property c~n be easily identified, and a brief statement of the' nature of the hearing. Siid notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties. ORDINANCE NO. 990 430 In addition to such publication, the Building Inspector shall post same notice of public hearing not more than thirty (30) days nor less than ten (10) days prior to the public hearings, on the site in question as well as one or more additional locations, visible to the general public, within the affected area as deemed appropriate b1 the Building Inspector. Said notice of public hearings shall also be made available to all newspapers, radio, and television stations serving the jurisdiction for use as a public service announcement. ~ I Such notice shall be sent by mail, not more than thirty (30) days nor less than ten (10) da~s, to the applicant and owners Of. record (or th. eir legal representative) of the subJect property as well as to the owners of record or all parcels within 150 feet,of the perimeter of the subject property: The number of feet occupied by all pub11c roads, streets, alleys, and other pub11c ways, shall be excluded in deter- mining the 150 feet requirements. If for some reason, a required property owner fails to receiyemail not-ification of a scheduled public hearing" or if one or more of the required posted signs in the area or on the site for whieh the public hearing is being held" is advertently removed through no fault of the City of Bozeman, this in no way shall invalidate the legal notice requirements of the scheduled public hearingJii. Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed change or use as determined by the Building Inspector or Planning Director. 4. The heating on the 'application shall then be held before the City Zoning Commission at the set time to g~ther needed facts from all interested parties.' The Zoning Commission may continue such hearing, if need be, to take additional informatim 5. The City Zoning Commission shall cause to be sent to the City Commission, their recommendation on the application with any and all pertinent facts. The applicant will also be given a copy of the Zoning Commission's recommendation to the City Commission at least ten (1-0) days prior to the City Commission. hearing. 6. Upon receipt of the Zoning Commission's recommendation, the City Commission shall, at fime and place appointed in-the notice, bold a public hearing on said application at which the Zoning Commission's recornmendationshall be read and addi..... tional testimony may be taken from interested 'parties. The City Commission shall then'either approve or deny the application. If the application is denied, reasons I for denial should be-given. " Section 3 That Section 18.75.050 of the Bozeman Municipal Code b~ and the same is hereby amended to'read as follows: 18.75.050 APPLICATION AND SUBMITTAL REQUIREMENTS FOR PLANNED UNIT DEVELOPMENT Each application shall be writing on a form provided therefore by the Building Offici4 In addition to the completed application form and a $50 or @ 2.00 per dwelling unit (whichever is greater) filing fee, ten (10) prints with one (1) reproducible tracing of the items listed below are normally required for scheduling a planned unit develop- ment proposal before the Zoning Commission and City Commission. Prior to preparing material for filing, the applicant should contact the Planning Staff to make precise determinations as to the content and preparation of material for filing. Said appli- cation together with exhibits attached thereto and made part thereot by reference shall contain the following information NOTE: REMAINDER OF SECTION 18.75.050 UNCHANGED Section 4 That Section 18.93.040 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 18.93.040 PROCEDURE Written applications for appeals or modifications (variance~ shall be filed in the office of the Building Inspector. Notwithstanding any other provisions of this ordiaance, a standard fee of $50.00 ($35.00 for applications dealing with single family appeals) shall be paid to the City upon filing of each application for the I purpose of. defr~YingeXper:. ses inc~dental to proceeding.s,.. '. . .NO applicatic;n will be regarded as hav1ng been f1led unt11 such fee has been p(:l:_1d~ The Board shall oause to be made such investigation, of facts bearing on the application a!? will provide necessary information to assure that the action on each application is consistent with the intent and purpose of this ordinance. During time of appeal all construction shall cease and shall not commence until approved by the Board of Adjustment. ORDINANCE NO. 990 431 Section 5 That Section 18.93.050 of the Bozeman Municipal Code be and the same is hereby amended to read. as follows: 18.93.050 HEARING AND NOTICE There shall be ,a hearing for each application of appeal or modification. Said hearing shall be held at an, appointed time and place. Testimony shall be taken by I uhe Board from,persons interested in said application, and from the City-County Planning Staff. The Building Inspector shall give public notice of all public hearings to be held before the Bozeman Board of Adjustment.' Said notice shall be published at least once in a newspaper pub1ished,;;and 'having general circulation in the City of Bozeman, not more than thirty (30) days nor less than ten (10) days prior to the public hearings. Said notice shall 'specify the number, date, time and place of all scheduled public hearings. It shall state the name and address of the applicant, the name and address of the owner of record of'the property, and a legal description of the property affected, the street address or its lCfoation byapproximaee distances from the nearest major street ,or road intersection so that the property can be easily identi- fied, and a brief statement of the nature of the hearing. Said notice shall provide a map of the area in question so as to indicate its general'location and proximity to surrounding prope~ties. In addition to~such publication, the Building Inspector shall -post same notice of public hear:ihg nbt more thanthi,rty '(30) daYiL nor less than ten (10) (:lays prior to the public hearings, on the site in question as well as on one or more additional locations, visible to the general public, within the affected area as deemed appropriate by the Bui'Iding Inspector. Said notice of public hearings siha:J.u also ,be made available to all newspapers, radio, and television 'stations"servin-gthe. jurisdiction for use'asa pbbli.c service announcement. Such notice shall be sent by mail, not more than thirty (30) days nor less than ten (10)' days, to the applicant and- owners of record (or their legal representative) I of the subject property as well as to the owners of record of all parcels within 150 feet of the perimeter of the subject property. The number of feet occupied by all public roads, streets, alleys, and other ~p-ublic ways, shall be excluded in deter- mining the 150 feet requirements. If for some reason, a required property owner fails to receive mail notification of a scheduled pUblic hearing, or if one or more of the required posted signs in the area' or on the 'site for which the public hearing is being held, is inadvertently removed through no fault of the City of Bozeman, this in n00way shall invalidate the legal notice requirement of the scheduled'fpublic hearing. Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed variance as determined py the Building Inspector or Planning Director. Section 6 That Section 18.96.030 of the Bozeman. Municipal Code be and the same is hereby amended to read as follows: . 18.96.030 HEARING FOR AMENDMENT The City zoning Commission shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard. The Building Inspector shall give public notice :of<allpublic hearings to be~eld before either the :Bozeman zoning Comrnission:or:,the Bozeman City Commission. Said notice shall be published at least~onoe in a 'newspaper published an~ having general circulation in the City of Bozeman, not more than thirty (30) days nor less than fifteen (15 ) days prior to the public hearings. I Said notice shall specify the number, date, time, and place of alJ scheduled Ptlblic hearingS. It shall state the name and addre-s, of the applicant, ,the name and address of the owner of record of the property, and a legal desQription of the property affected, the street address or its location by approximate distances from the nearest major street or road intersections so that the property can be easily identified, and a brief statement of the nature of the hearing. Said notice 'shall provide a map of the, area in question so as to indicate its general location and proximity to surrounding properties. QRDI~~CE,~p. 990 432 In addition to such pUblication, the Building Inspector shalLpost same notice of public hear~ng not more than thirty (30) days nor less than fifteen (15) days prior to the public hearings, on the site in question as well as on one of more additional locations, visible to the general public, within the affected.area as deemed appro- priate by the Building Inspector. .. Said notice of public hearings sha.1l _also be made available to all newspapers, radioj~ and television stations serving the jurisdiction for use as'a pUblic service annoucement. I Such notice shall be sent by mail, not more than thirty (30) days nor less than fifteen (15) days, to the applicant and owners of record (or their legal representa- tive) of the subject property as well as to the owners of record of all parcels within 150 feet of the perimeter of the sUbject property. The number of feet occu- pied by all public roads, streets, alleys, and other public ways, shall be excluded in determining the 150 feet requirements. If for some reason, a required property owner fails to receive mail'. notification of a scheduled pUblic hearing, or if one or more of the required .posted signs ,in the area or on. the site for which the public hearing is being held, is inadvertently removed through no fault of the City of Bozeman, this in no way shall invalidate the legal notice requirements of,the scheduled public hearing~.. Notice may also be. provided to property owners in any additional'area that may be substantially impacted by the: propos'ed change or use as determined by the Building Inspector or Planning Director. After such hearing or hearings, the Zoning Commission will make reports and recom- mendations on said petition or init_iation to the City' Commission. When the City Zoning Commission has recommended an amendment or 'supplement to this ordinance, including a change in the district boundaries, the public hearing shall be held by the City Commission for the purpose of acting upon the proposed amendment or supplement after public notice. In case, however, of protest against such changes signed by the owners of 20 per cent or more either of the area of the lots included in such proposed change or of those lots directly opposite thereof extending 150 feet from the street frontage of such opposite lots such amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Commission. Section 7 I This ordinance shall be in full force and effect thirty (30) days from and after its final passage and approval according to law. PASSED by the City Commission and approved by the Mayor of the City of Bozeman this 25th day of May, 1977. EDMUND .P. SEDIVY, Sr., Mayor ATTEST: ~~. ?/~~~/( "= ERNA V. HARDING~ . Clerk of the City Commission State of Montana ) County of Gallatin) City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify that the ,foregoing Ordinance No. 990 was published by Title and Number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said Bozeman in the issue of the 29th day of May 1977, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate I seal of my office this 28th day of June 19-77. L tf~ A'~#'4ii". ,,- . Clerk oft e lty G lssion ORDINANCE NO. 990