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ORDINANCE NUMBER 3422 PURSUANT TO MONTANA MUNICIPAL INTERIM ZONING STATUTE SECTION 76-2-306 MCA THE MISSOULA CITY COUNCIL HEREBY ADOPTS THIS SIX MONTH INTERIM URGENCY ZONING MEASURE REVISING THE MISSOULA CITY ZONING ORDINANCE, TITLE 20, CHAPTER 20.110 (MEASUREMENTS AND EXCEPTIONS), SECTION 20.110.050.A.3 TO PROVIDE FOR ADDITIONAL FLEXIBILITY IN APPLICATION OF THE SETBACK MEASUREMENT. THE ADOPTION OF THIS INTERIM ZONING ORDINANCE SHALL HAVE AN IMMEDIATE EFFECTIVE DATE AND BE EFFECTIVE FOR SIX MONTHS FROM THE DATE OF ADOPTION, DURING WHICH TIME, THE CITY COUNCIL WILL CONTEMPLATE A PERMANENT ZONING ORDINANCE AMENDMENT TO CHAPTER 20.110. BE IT ORDAINED that Title 20, Chapter 20.110 Missoula City Zoning Ordinance be amended and enacted to state as shown in Section 2. SECTION 1. INTENT: City of Missoula elected officials have recently received concerns pertaining to newly adopted zoning regulations requiring garages that are placed toward the front of a property to not be located closer to the street than the front façade of the residential building. The transition from requirements in Title 19 to this new regulation in Title 20 has raised questions regarding specific treatment of existing development, consideration of existing neighborhood development patterns, and allowances for unique lot configurations. These questions are best explored while allowing interim regulations to be in place to address immediate concerns. Thus, the city council determines that it best serves the public interest and best serves to protect the public safety, health and general welfare associated with planning and encouraging reasonable orderly development of the Missoula community to adopt an interim ordinance to more timely address these concerns. SECTION 2. INTERIM REGULATIONS: Title 20, Chapter 20.110 Measurements and Exceptions, .050 Setbacks, .A Front Setbacks: 3. Garage Setbacks All residential garages that are accessed from the street must be set back at least 20 feet. SECTION 3. IMMEDIATE EFFECTIVE DATE. The effective date of this interim zoning ordinance shall be the date it is adopted by the Missoula City Council and this interim zoning ordinance shall be in effect for six months, unless it is repealed or revised prior to the expiration of the six months time period. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. ---PAGE BREAK--- PASSED BY a 10 Ayes,_0 Nays, 0 Abstain, 2 Absent, vote and APPROVED by the Mayor this 22nd day of February, 2010 ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL)