HomeMy WebLinkAboutOrdinance 78- 1016, Amends § 18.96.030, amendment hearing
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ORDINANCE NO. 1016
AN ORDINANCE AMENDING SECTION 18.96.030 OF TITLE 18 ENTITLED THE
CITY OF BOZEMAN ZONE CODE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AS FOLLOWS:
Section 1 I
That Section 18.96.030 of Title 18, City of Bozeman Zone Code, be amended to read as
follows:
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 op-
portunity to be heard.
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. The notice shall
be published at least once in a newspaper published and having general circulation in the
City of Bozeman, not more than thirty days nor less than fifteen days prior to the public
hearings.
The notice shall specify the number, date, time, and place of all scheduled public
hearings. It shall state the name and address of the applicant,atthe name and address of the
owner of record of the property, and a legal description of the property affected, the street
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.
The notice shall provide a map of the area in question so as to indicate its general
location and proximity to surrounding properties. Howeve~, whene City zoning boundani~ ane
extended whi~h ~equine initial zoning ctaJ~i6i~ation, publi~ noti~e ~hall ~on~i~t 06 t~ee
~epanate no:tA..M~atiol1-6 in a lo~al new~papen, p~ovided at leaJt one 06 the notiMc-ation6 i.6 I
pub~hed non mone than thinty day.6 no~ l~.6 than ninteen day.6 p~o~ to the pubti~ heaning,
and no le.6.6 :than a total On eight ~adio announ~emen:t.6 (A minJ.mum 0 n :two b~oadc-aJ:t.6 pen
.6tation) ~h~ be b~oad~aJ:t wdhin the ~ame peJtiod On :tUne by futJUbu.u.on :to ea~h foc-al
~ommeJt~iaf AM ~adio .6tation .6enving :the Cdy On Bozeman to ~un .6imuUaneou.6fy on ea~h
.6tation.
In addition to such publication, the Building Inspector shall post same notice of
public hearing not more than thirty days nor less than fifteen days prior to the public hear-
ings, 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 Building Inspector.
Howe"ven, whene Cdy zoning boundaJUe-6 ane extended whi~h ~equiJr..e iVl.A...tial zoning ~laJ-6i6ic-a-
tion, ~ign po~:tA..ng ~equinemen:t.6 -6hall not apply.
Such notice shall be sent by mail, not more than thirty days nor less than fifteen days,
to the applicant and owners of record (or their legal representative) of the subject property
as well as to the owners of record of all parcels within one hundred fifty feet of the peri-
meter of the subject property. The number of feet occupied by all public roads, streets,
alleys, and other public ways shall be excluded in determining the one-hundred-fifty-foot
requirements. Howeven, whene City zoning boundanie.6 ane extended whic-h ~equiJr..e iVl.A...tial zoning
ctaJ~inic-ation, mailing on no:tJ"~e 06 pubf1~ heaJUng to -6uc-h apptic-antJ, ownen.6 On pubti~
~ec-o~d (on th~ legal nep~e-6en:tative) On :the .6ubje~t p~op~y(ie~), on ownen-6 On ~ec-o~d On
all paJt~e.t6 wilhin 0 ne hund~ed n--<-nty n ed 0 n the peJt.imeten 06 :the J.>ub j e~t p~o peJLtie.6 .6 hall I
no:t apply.
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 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 sub-
stantially impacted by the proposed or use as determined by the Building Inspector or Plan-
ning Director.
After such hearing or hearings, the Zoning Commission will make reports and recommend-
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479
ations on said petition or initiation to the City Commission.
When the City Commission has recommended an amendment or supplement to this title, in-
cluding 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 twenty
I percent or more either of the area of the lots included in such proposed change or of those
lots directly opposite thereof extending one hundred fifty 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 2
All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.
Section 3
This ordinance shall become effective thirty days after its passage and adoption by
the City Commission of the City of Bozeman.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, this 22nd
day of November, 1978.
EDMUND P. SEDIVY, SR., MAYOR
ATTEST:
I 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. 1016 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 1st day of December, 1978, and due proof of such publication is
on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate
seal of my office this 16th day of January, 1979.
I Clerk of the City Commission
ORDINANCE NO. 1016