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HomeMy WebLinkAboutOrdinance 79- 1020, Creates alternate variance procedure for cash in lieu of parking space requirements 491 ORDINANCE NO. 1020 AN ORDINANCE OF THE CITY OF BOZEMAN CREATING AN ALTERNATE METHOD OF OBTAIN- ING VARIANCES FOR CASH IN LIEU OF PARKING SPACE REQUIREMENTS. WHEREAS, the Bozeman City Commission has established a Bozeman Parking Commission, and has duly appointed five members to serve on that commission; and, I WHEREAS, the Bozeman City Commission has authorized and charged said Parking Commission with responsibility of supervising parking in the B-3 Zone District; and, WHEREAS, the Bozeman City Parking Commission has studied the parking situation in the B-3 Zone District and has proposed to the Bozeman City Commission a method of providing additional parking in the B-3 Zone District through a Special Improvement District; and, WHEREAS, the Bozeman City Commission has authorized the creation of a Special Improvement District for the purchase of land for additional off-street parking in the B-3 Zone District; and, WHEREAS, Chapter 18.84.010 to Chapter 18.84.050 provides for certain requirements for parking spaces; and, WHEREAS, Section 18.93.010 creates the Board of Adjustments to act on request of variances to parking space requirements; and, WHEREAS, the City Commission desires to extend another opportunity for persons not qua1if~ ying for variances to the parking space requirements to obtain additional parking; and, NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section 1 That each person not qualifying for a variance from the off-street parking requirements I from the Board of Adjustments, may, at the applicants option, and upon receipt of the recom- mendations of the Bozeman Parking Commission, pay a fee in lieu of providing additional park- ing spaces. The fee shall be adjusted periodically by the City Commission, upon the recommend- ation of the Parking Commission, and shall be sufficient to acquire additional real property for additional parking. Section 2 All applicants who are persons owning real property located within and assessed by SID # 565 shall not have to provide additional parking lots contemplated by such assessments or penalties so long as the use of the real property and improvements remain the same as existed at the time of the determination of SID # 565 assessments. Should the subsequent use of any portion of the real property or the improvement change then the provision of Chapter 18.84 and all other Chapters of the Bozeman Municipal Code shall control. Section 3 All funds received under the provisions of the ordinance shall be deposited in an interest bearing account and unless otherwise directed by the City Commission shall be used for the ac- quisition of additional parking stalls and for the renovation and resurfacing of same. Section 4 I 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 14th day of February, 1979. EDMUND P. SEDIVY, SR., HAYOR ATTEST: Cle~k of the Commission ORDINANCE NO. 1020 --- - 492 State of Montana ) County of Gallatin) City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman I do hereby certify that the foregoing Ordinance No. 1020 was published by title and number in the Bozeman Daily Chronicle, a newspaper of gen- eral circulation printed and published in said Bozeman in the issue of the .9.t.h- day of Mtlrrh, 1979 , and due proof of such publication is on file in my office. IN WITNESS ~~EREOF I hereunto set my hand and affix the corporate seal of my office this 15th day of March, 1979. Clerk of the City Commission I I ORDINANCE NO. 1020