PENDING ORDINANCES
ORDINANCE NO. 575
AN ORDINANCE AMENDING THE EXISTING DEVELOPMENT STANDARDS IN THE R-1, R-2, R-3, C-1 AND C-2 ZONING DISTRICTS.
 
WHEREAS:  Section 76-2-301, et. seq., of the Montana Code Annotated authorizes the City of Sidney to adopt and enforce local zoning regulation to promote the public health, safety, morals, or the general welfare of the community; and
 
WHEREAS:  The provisions of Montana Law allow municipal governments to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of the lot that may be occupied; the size of yards, courts and other open spaces; the density of the population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes, and
 
WHEREAS:  It is in the public and private interest for the City to establish and, from time to time, amend use controls that limit the density of population; and the location and use of buildings, structures, and land for trade, industry, residence or other purposes;and
 
WHEREAS:  The City of Sidney Zoning Administrator has identified issues with the established setback standards for certain accessory buildings; and
 
WHEREAS:  The Zoning Administrator with the assistance of the City Contract Planner prepared an amendment to the existing text of the Zoning Regulations to resolve the issues; and
 
WHEREAS:  The Zoning Administrator and Contracted Planner prepared an analysis of the proposed text amendment and a discussion of the rational nexus for the adoption or amendment of Zoning Regulations; and
 
WHEREAS:  The findings of the analysis was that the proposed text amendment reflects the 2015 Growth Policy; that the rational nexus for the adoption of zoning has been met or exceeded by the proposed amendments; and that the citizens of Sidney have participated in the creation of the proposed Zoning Regulations for the City of Sidney, Montana. and
 
WHEREAS:  The Sidney City Council did conduct a duly noticed Public Hearing on December 17, 2018 on the proposed text amendments.
 
Now therefore:
 
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SIDNEY, MONTANA:
 
The Text of the Official Zoning for the City of Sidney is hereby amended as set forth below:
 
Amend §11.4.50 - R-1 District, Dimensional Standards, Accessory Structures Setbacks, from 10 feet to “10 feet or as little as 2 feet provided that the accessory structure is:
200 square feet or less in size;
at least 10 feet from an occupied structure;
is not used for motor vehicle storage; and
that no single penetration exceeds 36 square feet in size.”
Amend §11.5.50 - R-2 District, Dimensional Standards, Accessory Structures Setbacks, from 10 feet to “10 feet or as little as 2 feet provided that the accessory structure is:
200 square feet or less in size;
at least 10 feet from an occupied structure;
is not used for motor vehicle storage; and
that no single penetration exceeds 36 square feet in size.”
Amend §11.6.50 - R-3 District, Dimensional Standards, Accessory Structures Setbacks, from 10 feet to “10 feet or as little as 2 feet provided that the accessory structure is:
200 square feet or less in size;
at least 10 feet from an occupied structure;
is not used for motor vehicle storage; and
that no single penetration exceeds 36 square feet in size.”
Amend §11.7.60 - C-1 District, Dimensional Standards, Accessory Structures Setbacks, from 10 feet to “10 feet or as little as 2 feet provided that the accessory structure is:
200 square feet or less in size;
at least 10 feet from an occupied structure;
is not used for motor vehicle storage; and
that no single penetration exceeds 36 square feet in size.”
Amend §11.8.60 - C-2 District, Dimensional Standards, Accessory Structures Setbacks, from 10 feet to “10 feet or as little as 2 feet provided that the accessory structure is:
200 square feet or less in size;
at least 10 feet from an occupied structure;
is not used for motor vehicle storage; and
that no single penetration exceeds 36 square feet in size.”
 
Be it further ordained by the Council members of the City of Sidney.
 
All ordinances or parts of ordinances inconsistent with the ordinance are repealed on the effective date of this ordinance.
It shall be the duty of the City Clerk to file a certified copy of the Ordinance and the Amended Official Zoning Regulations with the Richland County, Montana, Clerk and Recorder.
This ordinance shall be in full force and effect thirty (30) days after its final adoption by a majority of the elected members of the City Council
 
First reading by the Council on the ______ day of December 2018.
 
Second reading by the Council on the ______ day of ________________ 2019.
 
PASSED AND APPROVED BY NO LESS THAN FOUR MEMBERS OF THE SIDNEY CITY COUNCIL THIS _____th DAY OF __________________ 2019.
 
 
By:  _______________________________________
        Rick Norby, Mayor
 
 
Attest:  _____________________________________
              Jessica Redfield, City Clerk-Treasurer