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HomeMy WebLinkAboutOrdinance No. O06-12ORDINANCE NO. O06-12 ORDINANCE AMENDING ORDINANCE NO. 006-06 WHEREAS, on September 19, 2006, the Laurel City Council adopted Ordinance No. 006-06, amending Sections 12.08.070(A), 17.16.020, 17.40.090.J.2, and 17.56.1M0(A) of the Laurel Municipal Code; and WHEREAS, Ordinance No. O06-06 contained the following errors: (a) Section 17.16.20 was incorrectly identified as the Ordinance regarding open porch setbacks. The correct Ordinance is 17.48.030, which must be changed throughout the document. (b) Textual changes intended for Section 17.48.030 were, thus, incorrectly identified as changes to Section 17.16.20. Said changes must be reversed, and Section 17.16.20 must be restored to what it was prior to the passage of Ordinance No. 006-06. (c) Textual changes to Section 17.48.030 were not specified in Ordinance No. 006-06, and must be added to the amended Ordinance. WHEREAS, it is in the best interest of the City of Laurel for Ordinance No. O06-06 to be corrected and amended as follows: ORDINANCE NO. 006-06 ORDINANCE AMENDING SECTIONS 12.08.070(A), '_ 7. '_ ~_.~2~ 1Z48.030.. 17.40.090. J. 2, AND IZ$6.040(A) OF THE LAUREL MUNICIPAL CODE AS RECOMMENDED BY THE CITY ZONING COMMISSION AFTER PUBLIC HEARING AND COMMENT. WHEREAS, the City Zoning Commission scheduled and held a duly advertised and conducted public hearing on July 6, 2006 on four recommended changes to the Laurel Municipal Code listed herein at which no adverse comment was received; and WHEREAS, since there were no adverse comments submitted by any member of the public it appears the changes are in the best interest of the City of Laurel, therefore the City Zoning Commission recommends the following changes: Section 12. 08. 070(4) to allow maximum driveway widths of twenty-four feet; Section ! ?.: 5. ~2~ 17.48.030 reducing front yard setbacks for open porches; Section 17.40.090.,1.2 reducing off-street parking requirements in Community Commercial Zoning District,. 17.56.040 to exclude application of subsection ,4 to non-conforming, one and two- family dwelling units. WHEREAS, based on the recommendations of the City Zoning Commission and the testimony and evidence gathered at the public hearings, the City Council hereby acts as follows: IT IS HEREBY ORDAINED by the City Council of the City of Laure~ Montana, that the Laurel Municipal Code is hereby modified and amended as follows: 006-12 Ordinunce to Ammd Ordinnnce NO. 006-06 12. 08.070 Curb cut lengths. ,4. In single-family residential zoned distrz'cts, the maximum driveway width shall be ~','c::~' faa: twenty-four feet and shall be located in accordance with city specifications or drawings. 1 Z 40.090 Off-street parking requirements--Procedure-Specifications. J. Retail Establishments. Retail establishments including personal service shops, equipment or repair shops: 2. In a CC commercial district: One space for each a::.c cwo hundred square feet of floor area; 17.48.030 Allowed projection into yards Steps, terraces and uncovered porches may extend into the minimum front setback ~ '*~' but such feature shall not be less than five feet distant from any lot line; provided, the floor thereof is no higher than that of the first floor entrance to the building; and such feature on corner lots shall not impede the line of sight vision of traffic in the street._~-'~ ~,~,, ~-,a c ........... .... ,.:..,.~. -,.~,- · -~.,. r~, ,~: ..... ,* ...... ~^'~ ~:~,.. Fire ape d o tside ope tairways may p oj th ~,, ~ ........... ~ ........ ~ ..... esc s an u n s r ect not more an two feet into any minimum required yard. Chimneys may extend into any minimum yard not mere than two feet. Civil defense shelters may extend into any required side yard to within two feet of the lot line; they may extend into a required front or rear yard not more than twelve feet. The roof of the shelter that extends into any required yard shall not extend over eight inches above outside grade or above existing basement height, whichever is the lesser. (Prior code ~ l 7.40.010 (B)) 17.56.040 Applicability when building damaged or destroyed. ~1. If any building in which there is a nonconforming use is damaged by fire, flood, explosion, wind, war or other catastrophe, in an amount equal to or greater than fifty percent of its assessed valuation, it shall not be again used or reconstructed to be used for any use except one complying with the provisions of this title in which it is located. This Subsection specifically does not applp to non-conforming, one and two-family dwellin~ units. This ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced at a regular meeting of thc City Council on November 8, 2006, by Alderperson Mace PASSED and APPROVED by thc City Council of thc City of Laurel this 19th December , 2006. APPROVED by the Mayor this 19th day of December ,2006. day of O06-12 Ordiaance to Amead Ordinance No. 006-06 Elk River Law Office, P.L.L.P. CITY OF LAUREL I~nfieth E. Olso~ J-~, Iglayor 006-12 Ordinance to Amand Ordinance No. 006-06