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HomeMy WebLinkAboutOrdinance 87- 1244 Amends § 18.50.150, zoning 2~S ORDINANCE NO, 1244 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 18,50,150, FENCES, WALLS AND HEDGES, OF THE BOZEMAN MUNICIPAL CODE, PREAMBLE The purpose of this ordinance is to I imit the height of fencing to a maximum of I four feet in all rear yard setback areas that front along a linear park, BE IT ORDAINED BY THE CITY COMMISSION OF THE CI1:Y OF BOZEMAN: Section 1 That Chapter 18,50,150 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: Section 18,50,150 Fences, Wa lis and Hedges, A, Except as provided in Chapter 18,44, fences, walls and hedges in any district may be located on lot lines, provided such fences, walls and hedges do not exceed eight (8) feet in height. Fences exceeding eight (8) feet in height shall be subject to the minimum yard requirements of the district in which such fences are located, However, no fences, walls or hedges shall exceed four (4) feet in any front yard, as defined in this title, Fences used in an agriculture pursuit to retain stock animals shall be excepted, B, Fences located in the rear yard setback of properties adjoining any Bozeman linear park have a maximum height of four (4) feet. C, Except for A-S districts and R-S districts, no barbed-wire or other sharp fencing materials and no electrically charged fence shall be erected or maintained in any district created by this title, When electrically charged fences are used in an A-S district or R-S district, such fences shall be posted with warning signs at intervals not to exceed one hundred fifty (150) feet where such fences are adjacent to public rights of way. D, I n case of a fence erected on top of a retaining wall, the height shall be measured from the grade of the high side of the wall, I Section 2 Ordinance Repealed, All other ordinances and parts of ordinances in conflict with these provisions are hereby repealed. Section 3 Savings Provision, This ordinance does not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance, Section 4 Severability, If any provision of this ordinance is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutional ity of the remainder of the ordinance and applicability thereof to other persons and circumstances shall not be affected thereby, PROVISIONALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 28th day of September, 1987, JUDITH A, MATHRE I Mayor ATTEST: ROBIN L, SULLIVAN Clerk of the Commission ORDINANCE NO, 1244 30U F I NALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 13th day of October, 1987, and effective thirty (30) days after said date. JUDITH A, MATHRE Mayor I ATTEST: ROBIN L. SULLIVAN Clerk of the Commission State of Montana ) County of Gallatin : ss City of Bozeman ) I, Robin L, Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Ordinance No, 1244 was published by title and number in the Bozeman Dai Iy Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 19th day of October, 1987, and due proof of such publication is on file in my office, ROBIN L. SULLIVAN Clerk of the Commission I I ORDINANCE NO, 1244