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
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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