Loading...
HomeMy WebLinkAboutOrdinance 35- 661, Locations of trades and industries !< Praot Retld f '1c and Ohecked 467 __~..!!.:.1d.:J.i........ o d' . N & [ptL/ .~~. W,., g., ,6: e._ "' Repealed bj r manca 0.. - ORDINANCE NO. 661. , AN ORDINANCE CLASSIFYING, REGULATING AND RESTRICTING THE LOCATIONS OF TRADES AND INDUSTRIES AND THE LOCA- TION OF BUILDINGS DESIGNED FOR SPECIFIED USES; RE- I GULATING AND LIKrfING THE HEIGHT AND BULK OF BUILD- INGS EEREAFTER ERECTED OR ALTERED; REGULATING AND LIMITING THE INTENSITY OF THE USE OF LOT AREAS, AND REGULATING AND DETERMINING THE AREA OF YARDS, COURTS , AND OTHER OPEN SPACES WITHIN AND SURROUNDING SUCH BUILDINGS; ESTABLISHING THE BOUIDARIES FOR THE SAID PURPOSES; AND PRESCRIBING PENALTIES FOR THE VIOLA- , TION OF ITS PROVISIONS. Be it ordained by the Commission of the caty of Bozeman, State of Montana. SECTION 1. -- DEFINITIONS For tbB purpose of this ordinance, certain terms and words are defined as follows: Words used in the present. tense include the -future'} words in the singular number include the plural number, and 'IIords in the plural nuaber inolude the singular number; ,the word "building" includes the word "structure" and the word "lot" includes the word "plot". ., Acce~ Bui1dl~: A subordinate building or portion of the malbn build- w/u:eL ..;.. ,rn. t:J...,. 17:t... ,.".....- ~~ J ing, and the use of which is clearly incidental to the use of the main building. Alley: A public thoroughfare not over twenty (20') feet wide. I Block: The property fronting on one side of any street, avenue or boule- vard between the two nearest of any of the following; ~ntersectlng such street, aye.. or boulevard, to-wit: street, avenue, boulevard. park, waterway, rail- ~ road rights-at-way. Boarding House: A building or premises where. meals are served tor com- pensation for five or more personS but not exoeeding twentr (20) person8~ Building: A struoture having a roor supported. by col-..-or-walls for the_shelter, support or enolosure of persona, animals or chattels. Building Area: The maximum horizontal projected area of a building, e~- oluding open steps, terraces, and cornioes projecting not more than thirty (30.) I inches. Classification of Use Districts shall be as follows: 1. IIA" Residence Diatrict..- 2. "B" Residence Districts. . 3. "C" Residence Distriots. 4. ",n" Residence Districts. I 5. Main Business DistriQts. 6. Business-Residential Distriots. 7. Industrial Districts. . The use permitted in Class "A" Residenoe District shall be the highest, and the use permitted in the Industrial District shall be the lowest. Corner Lot: A lot situated at the junction of and fronting on two or more streets, and having a width not greater than sixtJ'-six (66) feet. Depth of Lot: The mean horizontal distance between the front and rear 468 lot lines. Depth of Rear Yard.: The mean horizontal distance between the rear line of the building and the r8ar lot line. .District: A section of the Cl ty of Bozeman for which the regula- - tions governing the height, the area, or the use of buildings, and pre~8es I are the s sme. Family: Any number of individuals living and cooking together on the premis&s as a Single housekeeping unit. ~ Height of Building: The vertical distance measured from the average ~ street level at the building wall. ~ Height of Court or Yard:-The vertical distance from the lowest level of such court or yard to the highest. point of any bounding wall. Hotel: A building or premises where lOdging is provided with or with- out meals, for more: than twenty (20) 'persons. Inner Court: An unoccupied space surrounded on all sides by walls, or by walls and a lot line. ~ Interior Lot: A lot other than a corner lot. - L'ength of Outer Court: The mean horizontal distance between the open and closed ends of the Court. "Lodging Hous e: A building or premises where loddng is provided for compensation for five or more persons but not exceeding twenty (aO) persons. .. I Lot: Land occupied or to be occupied by one building and accessory . ., buildings and uses and including, open spaces required under this ordinance. A lot may be land so recorded on the Records of the Recoraer ef Deeds of -Galla tin County, Montana. Lot Lines: The lines bounding a lot as defined herein. HOa-contormingUse: A use of a building or premise that does not conform wi th the regulations of. the use district in which it 1s ai tuated. .,. Outer Court: An. open unoccupied space open1n~ on a yard, street or alley. Prl vate Garage: A garage in which no business, service, or industry oonnected directly or indirectly with motor- vehicles is carried on., ~blic Garage: Any garage not.ino1uded within the definition of a Private Garage. . Rear Yard: An open space unoccupied (except for accessory buildings and uses) on the same lot with a main building, between the rear lines of the main building and the rear line of the lot, for the _ full width of. the lot. 'I Set Back: The minimum horizontal distance between the street wall of a building and the' street line. Side Yard: An open unoccupied apace on the aame lot with a building , between. the building and the side line of the lot extending through from the front building line to the rear yard or to the rear line of the lot, where no rear yard ia required.., Single Family Dwelling: A detached building having accomodatlons - ' ::- ,:..:,~~~ ':;;i;~;'; '. - 469 . tor and ocoupied by one f'amilyonly, and a private garage with living quarters , therein. Street Wall: The main wall near.at to aM fronting on a street., includ- ing sun-parlors, but not including bay windows nor ground s tory porches or I piazzas not closed in. That one story enclosed porch, take same classification as one story open porch, depth not to exceed nine feet, width not to exceed 60% of main part of house. Two Fam1ly Dwelling: A detached building having accomodations for and . . ocoupied by not more than two families. SEC~ION 11. --USE REGULATIONS 1. Use Districts: For the purpose ot classifying, regulating and re- stricting the location of traces and industries and the location of trades and industries and the location of buildings designed tor specific uses; the City of Bozeman, is hereby divided into seven (7) classes of Use Distriots: r 1. "AU Residence Districts. 2. -au Residence Districts. 3. "C" Residence Districts. 4. aD" Residence Districts. 5. Main Business Distriots. 6. Business-Residential Distriots. I 7. Industrial District. . as shown on the Use District Map attached hereto and expressly made a part of this ordinanoe, and Use Districts are hereby oreated 1n the City of Bozeman, Montana, as the ssme are designated on the Use District Map hereto attached. No building shall be erected, altered, or used, and no premises shall be used for any purposes except in conform! ty with all the, regulations herein pres- cribed for the Use Distriot in' whioh suohbuildings or premises are located. .,' SECTION lll.--NOT RETROACTIVE I~ EFFECT \ It is not the purpose of this Ordinance to undertake a wide spread cor- ~reotion of undeslreable condition~ resulting fram ~aok of proper oontrol in the pa.s t. It is the purpose to prevent future development of suoh conditions. It is therefore provided that the provisions of this Ordinance as to uses of build- ings, struotures or premises shall 'not be construed to prevent the oontinueduse . . of existing buildings, for other use. than those herein permitted during the reasonable life of, said;.-,~ildings. Provided that any building or struoture dam- aged more than 50% by fire shall not be repaired, altered or used except as her.- I in provided for new buil~lngs or struotures.. . SECTION~,lll. --ZONES .~ For the purposes of regulating". olassifying and ,restricting the location I Of trades, industries, enterprises, etc., and the location of buildings designed, erected or altered for speoified us.., and limiting the height and size of suoh buildings and the use of lot 8.l"8aS and determ1nlng the areas ot yards and other open spaoes surrounding buildings he~ter erected, and p~eventlng additions to, .;:-,...h and. alterations or remodeling ot, existing buildings or struotures with the in- ... 470 tent or effect of avoiding the restriotions and limitations in this Ordinance contained, the City of Bozeman 1s hereby divided into Districts as f~llow.s, - to-wi t-: BOUNDARIES OF DISTRICTS II All RESIDENCE Dr STRIC T. I The boundaries of "A" Residence District shall be as follows: . Beginning at the point of intersection of th& south line of Olive '" Street and the east line of Fourth Avenue, thence easterly along the south line of. Olive Street to the west line- of Willson Avenue, thence southerly along the west line of Willson Avenue 100 feet, thence easterly along a line ~arallel to the south line of Olive S~reet and distant 100 feet therefrom to a point in the west line of the alley between Tracy Avenue and Black Avenue, . thence southerly along the west line of said Alley to the point of inter- , section of said west line Of said Alley with the south line of Dickerson \street produced, thence westerly _along- the said south line of Di-ekerson Stree~ produce~ to the west lipe of' Tracy Avenue, thence westerly along. the south line of Dickerson Street to the west line &f the alley between Tracy Avenue and Willson Avenue, thence southerly along said west line of said aB.ey and said west line produced to the point of intersection of the south line of Colleg~ street with the west line of th-e alley between Tracy -Avenue and Willson Avenue, thence southerly along said west line. of said alley and said line produced t. 0 t.h8 I. .. oity limits, thence sQ1therly along the city lim1t~ to a point midway between . , -the south line of Cleveland Street produced and the north line of ArthUI' St,x-eet produced, thence westerly to the southeast corner of Lot 19, Block lQ, Capitol Hill Addition, thence southerly along a line parallel to the east line of Sixth ~enue and distant therefrom 143 feet to a point in the north line of Garfield 8~reet, thence westerly along said north line of Garfield StrEJet to the east line of Sixth Avenue, thence northerlY'" along said east line of Sixth Avenue to - the point of intersection of the said line wi th the south 11ne of the alley be- tween CleveIkhd Street and Harrison street, thence easterly along the south line o~ said alley to the point of intersection of said south line produced with the east line of Fourth Avenue, thence northe.rly along said east line of Fourth Ave- nue to the point of beginning. "Bn RESIDENCE DISTRICT The "B" Residence District shall embrace four parts described as fol- lOWS, to-wi t: . Part 1. Beginning at the point of intersection of the east line of I.' Third Avenue and the south llns'CJ'f. Short S~rset, thence easterly along the said ..'" south line of Short S~reet to its in'tersection with the east line ot the alley between Willson Avenue and Tracy Avenue, thence northerly along said east line of said alley to ~e south line of Peach Street, thence easterly along said south line of Peach Street to the west line of Black Avenue, thence\southerlY along . said west line of Black Avenue to its intersection with the north line of the alley between Lamme Street 'and Mendenhall Stroet, thence westerly along said '~.... . ;"'.. ,:'.,.. , 47 "H.. .1 alley toa point on said line midway between Tracy Avenue all4,Wl11son,Avenue, thence northerly on a 11ne para11el to Willson Avenue to the north line of Beall street, thence westerly along said north 11ne of Beall street to the east line of Third Avenue, thence northerly along the said east I1ne of Third Avenue I to the point of beginning. Part 11. Beg1nning at the point of intersection of tne east I1ne of Eighth Avenue and the south line ot Mendenhall S~reet, thenoe easterly along said south line of Mendenhall S~re&t to the west line of Third Avenue, thence southerly along said west line of Third Avenue to the north line of Babcock Street, thence westerly along the said north line of Babcock Street to the point of intersection of said north ~'" Babcock Street with the west line pro- duced o~ Fourth Avenue, thence southerly along said west line of Fourth Avenue to its intersection with the north line of the alley between Harrison S~reet, thence westerly along the north line of said alley to its intersection with the west line of Sixth Av~nue, thence northerly along said west line of Sixth Ave- nue to the north line of Harrison S~reet,.thence westerly along said north line to its intersection with the west line ot Eighth Avenue, thence northly along said west line of Eighth Avenue to the north line of College Street, thence along said north line of College Street to the east line of the alley between Eighth Avenue and Ninth Avenue, thenoe northerly along the east line of said alley to the south line of the alley between BabcoCk Street and Olive Street, I ~ thence easterly along the- south line of said alley to the east line of Eighth .~ Avenue, thence northerly along the east line of sald Avenue to the south line of Babcook Street, thence easterly along said south line of babcook Street to a point 200 reet east of the east line of Seventh Avenue, th~nce Northerly parallel to the east 11ne of Seventh AV8rme to the north line of Main Street, . . tben~e weste~iy along said north line of.Ma1n~treet to the west line of Eight Avenue, thence northerly along the east line ot Eighth Avenue to the point of beginning. Part 111. Beginning at a point in the east lIne ot tne alley between Traoy Avenue and Blaok Avenue 100 feet south of the south line of Olive Street, thence easterly along a line parallel to th6 south line of Olive Street to the west line of Black Avenue, thence southerly along the west line of Black Avenue to the city limits, thence following the oity limits westerly, southerly, west- erly, southerly and westerly to the point of intersection of tbe city limits t and the east line, produoed, of 1hE:J alley between Tracy Avenue and Willson Ave- ~. : nue, thence northerly along the east 11ne of saId alley and otherwise to a .' point 150 feet west of the west line.r TraoyAvenue in the south line of Dick- erson Street, thence easterly along the south line of Dickerson Street, and its I projection to the east line of the alley between Tracy Avenue and Black Avenue, thence northerly along the east 11n. o:t said alley to the point of beginning.. Part lV. B,ginning at a polntin the east line of the alley between 8ix:t;h Avenue and F1tth,Ave1'lUO 150,..teet 8outhof.:the south line O,f Cleveland .. . '.. ,~ .';.' ..ii 472 .Street, thence east along a line parallel to Cle~land Street to a point in the city limits 150 feet south of 'the south line of Cleveland Street, thence sou ther- ly'along the line of the city limits to Linooln Street, thence westerly along the north line of Lincoln Street to the east line of Sixth Avenue, thence northerly along .J..h8 ~tdl't JI: .S~X~V8nu8 to the north Une 01: G<u-neld 8t....etJ~~ I =r line of the allehYing between Sixth Avenue and Fifth Avenue, thence north- erly along the east line of said alley to the point of beginning. ~~, "C" RESIDENCE DISTRICT . The "CO Residence District shall embrace parts 'described as follows: p~t 1. Beginning at the point of intersection of the city limits with . the north line produced of the alley north of Main S~reet in Block 4, Springbrook Addition, thence easterly along said north line of said alley to the east line of ~ Tenth Avenue, thence northerly along said east line of Mendenhall Street, thence easterly along said south line to the east line of Ninth Avenue, thence northerly - along said east line to the south line ,of Beall Street, thence easterly along said south line of Beall Street to a point midway between Willson Avenue and Tracy Ave- nue, thence southerly along a line parallel to the east line of Willson Avenue to the north line of' the alley north of Mendenhall Street, thence wester~y.along the ~orth line of said alley to the west line of Third Avenue, thence southerly along the west line of Third Avenue to the north lin.e of Mendenhall Street, thence WGst- t ,erly along the north line of Mendenhall Street to the west line of Eighth Avenue, thence southerly along the west line of Eighth Avenue to the north line of Main Street, thence westerly along the north liIie of Main Street to the point of inter- section of the west line of Ninth Avenue South produced, wlth,the north line at Main Street, thence soutn.erly along said west line to a point in the wes't line of Ninth Avenue 145 feet south of' the south line of Main Street, thence easterly along the south line of the alley in Blocks G. and F, Story's Addition, to the west line of Eighth Avenue, thence southerly along the west line of Eighth Avenue to the north line of the east and west alley in Block 4, Park Addition, thence westerly along the north line of said alley 139 feet, thence southerly along. the west line of the first alley west of Eighth Avenue to the north line ot College Street, thence west": er1y along the north line of College Street to the east line of Eleventh AV:*nue, thence northerly to the north line of Main Street" thence northerly along the line of the city limits to the point of beginning. Part 11. Beginning at the point of intersection of the east line.of Black Avenue and the south line of Lamme Street, thence easterly along the south line I of Lamme Street to the east line produced of Perkins Place, thence northerly along - said east line to the south line ot Peach Street, thence easterly along\the south 1inefJf Peach Street to a point 150 feet east of the east line otWallace Avenue, th$nce southe~ly to a point in the south line of Lamme Street"150 feet east of the ~east line of Wallace Avenue, thence westerly along the south line of Lamme street to a point 56 teet west of the west .11ne of Wallace Avenue, thence southerly to a point in the north line of the alley i.n :BloCk H. Roaael8 Addi t10n 56 teet west of the ..st line of Wallace Avenue, thence westerly to a point in the west line of - '" - ~ ..,. ~'.r'~'.~""''''''':'''''_:~. ~.-.' - ----or. .'....'.' 473 Black Avenue 150 feet south of the south line of Lamme Street, thence norther- ly along the east line of Black Avenue to the point of beginning. Part 111. Beginning at the point of intersection ot the east line of Black Avenue and. the south line ot Olive Street, thence easterly along the south line I ot Olive Street to the east line of Church Avenue, thence northerly along the east line of Church Avenue to the south line of Babcock Street, ,thence easterly along the south line of Babcock Street to the west line of the alley between , ~ Churoh Avenue and Wallace Avenue, thence southerly along said west line of said alley to the point of intersection of' the south line of Kooh Street produoed with the west line of said alley, thence westerly along the said line of Koch Street produoed to the west line ofChureh Avenue, thence southerly along the ..;.:..:. west line of Churoh AVenue to the city limits, thence westerly along the oity " limits to the east line of Black Avenue produced, thence northerly along said east line of Black Avenue to tp.e 'point of beginning. "D" RESIDENCE DISTRICT The liD" Residence District shall embrace parts described as tollows: Part 1. Beginning at the point of intersection of the north lines of - Durston Road with the city limits, thenoe easterly along the north line of' . Durston Road to the east line of Third Avenue, thenoe northerly along the eas.t 11ne of Third Avenue to the south line of Tamaraok street, thence easterly along I the south line of Tamarac~ Street to the east line of' Rouse Avenue, thence north- erly along ~e east 11ne of Rouse Avenue to the south 11ne of~uniPer Street, thence easterly along the south line of Juniper Street to the east line of' Church Avenue, thence southerly along the, east line of Church Avenue to the north lire of Peach Street, ~h~nce westerly along the north line Qf Peach Street to the point of interseotion of the west 11ne produoed of' Perkins Alley, thenoe southerly along said west line of' P.rkins Alley to the north line of Lamme street, thence westerly along the north line of Lamme Street to the east line of Black . Avenue, thenoe northerly along the east line of Black Avenue to the north line of Peaoh Street, thence westerly along the north line of Peach Street and the north line of Durston Road to the west line of the alley in Block 47, Imes Addition, thence southerly along a. line parallel With the west line .of Tracy Avenue to a point in the north line of Short Street 164 teet west of Tracy Avenue, thence westerly on the north line of Short Street to the west line of ThLrd Avenue, thenoe southerly along the west line of Third Avenue to the north line of Beall Street, thence westerly along the north line of Beall Street to the west line of I Ninth Avenue, thence southerly along the west line of Ninth Avenue to the north 11ne of Mendenhall Street, thence westerly along the north line of Mendenhall street to the west line of Tenth Avenue, thence southerly along the west line of Tenth Avenue to. the north line of the east and west alley in Block 4, Spring- brook Addition, thence westerly along the north line ot said alley to the oity limits, thenoe northerly along the oity limits to the point of beginning. DESCRIPTION OF BUSINESS DISTRICT Beginning at the point of' interseotion of the east line of' Third Avenue and the south line of the first alley north of Mendenhall Street, thenoe east- ~ ..'." 474 erly along the south lineo! said alley to a point 56 feet west of the west , . . line of Wallace Avenue, thenoe northerly along a line parallel to and 56 feet " distant from the west line of Wallace Avenue to the south line of Lamme Street, thence easterly along the ~outh li~e of Lamme Street to the west line Of~Wallace I Avenue, thence southerly along the west line of Wallace Avenue to the north line of Babcock Street, thence westerly along the north line of Babcoek Street to the . west line of Church Avenue, thence southerly along the west line of Church Avenue to'the north line of Olive 'Street, thence westerly along the north line of Olive Street to the west line of Black Avenue, thence southerly along the west line of Black Avenue to a point 100 feet south of the south 11ne of Olive Street,(thence , westerly along a line parallel to and 100 feet south from the south 11ne of Olive Street to a point in the east line of Willson Avenue, thence northerly along the east line of Willson Avenue to the north line of Olive Street, thence westerly . along the north line of Olive Street to the east 11ne of Fourth Avenue, thence noxotherly along the east line of Fourth AVetnle to the south line of Babcock Street, thence easterly along the south line of Babcock- Street to the east line of Third - Avenue, thence northerly along the east line of Third ~venue to the point of begin- . ning. \ BUSINESS RESIDENCE DISTRICT !'eginning at the point of intersection of the east line of Ninth Avenue with I". the south line of Main Street, thence easterly along the south line of Main Street to a point 200 feet east of the east line of Seventh Avenue, thence BOutherly along a line parallel and 200 feet distant from the east line of Seventh Avenue to the north line of Babcock Street, thence westerly along the north line of BabcoCk Street to the east line of Eighth Avenue, thence noptherly along the east line of Eighth Avenue to the north line of the alley between Babcook Street and Main Street, thence westerly along the north line of said alley to the east line of Ninth Avenue, thence northerly s.1ong the east line of Ninth Avenue to the point of beginning. INDUSTRIAL DISTRICT Beginning at a point in the city limits 1381 feet west of the west line of Rouse Avenue north, thenee easterly along the city limits to the west line of Rouses Avenue, thence southeasterly along the southwesterly side of Front Street . ......4- ~ 1I+<..b.A - vacated, to the westerly side of McAdow Avenue, thence southerly along the west line of McAdow Avenue to the north line of Main Street, thence westerly along the north line of Main Street to the point of intersection of saId north line of Main ....6R 'With 1;he west line of LI,ndley Park produced, thence southerly along said I weaterly'" lIne ofLlndley Park to the point of intersection with Mill Canal, thence along the said Mill Canal to Story Street, thence westerly along the north line of Story Street to the east line of Church Avenue, thence northerly along the east line of Church Avenue to the point of intersection of said ,east l1ne of Church Ave- nue 1'1 th the south line ot Koch Street, pro duo ed, thence easterly along said south . , line of Koch Street produced to the point of its intersection with the east line of the north and south alley between Church Avenue an~ Wallace Avenue, thenoe northerly along the east line of said alley to Babcook Street, thence easterly along the south " "":i'. . "~",:... ~;'~~:,: .>..;.. " ~"r"".,.~"7"""'"--_.~--". ..7~1"I'T"~-'."'::t'"""...!,:,";c.1')"""'T"'-""'" i-,,,o~;"', :",,~"~ 475 ~ line of Babcock Street to the east line of Wallaoe Avenue, thence northerly . along the east line of Wallace Avenue to the south line of!Lamme Stree-r, thence . easterly along the south line of Lamme Street to a point 150 teet east of the . east line of Wallace Avenue, thence northerly along a 11ne parallel to and. 150 I feet from the east line of Wallace Avenue to the north line ~ Peach Street, thenoe westerly along the north line of Peach Street to the '-eut 11ne of Clmrch Avenue, thence northerly along the east line of Church Avenue to the north line . of' Juniper Street, thence westerly along the north line of JUniper Street to the east line of Rouse Avenue, thence northerly along 'the east line of Rouse Avenue to the north line of Birch Street, thence westerly along the north line of Birch .- Street to the east 11ne of Montana Avenue, thence northerly along the east line of Montana Avenue to the north line of Oak Street, thence westerly along the north line of Oak Street 1027 feet, thence norther~y to the point of beginning. . "A" RESIDENCE DISTRICT In the "A" Residence Districtexoept as her&inafter provided, no bui~d- \or structure shall be erected or materially altered nor shall any building or premises be used, exoept for onr oe more of the following uses: ( 1) Single Family residences., .- (2) Multiple family, residences; provided that the area tor each single family shall be not less than the area required for single family residences as hereinafter specified. "J ( 3). Schools and-eolleges. "- (4) Boarding and Rooming Houses limited in size tc five rooms in addition to fam1~y quarters. ( 5) Parks, ~recreatlon.lM1i141ngs,and clu:t>s not conducted as a business or operated for profit. ( 6) Private garages and other small accessory buildings for customary incidental uses. ( 7) Vacant lots shall be used for garden~ng, tennis courts, playground and other reoreational faoilities, only and shall be kept free of all rubbish and/or garbage at all times. Provided that other uses of vacant lots maybe permitted by written authority of the D1rector of Public Safety with the oontinuing consent of the owners ot 8~ of (8) the property wi thin 300 feet of the lot or lots. Buildings shall be so placed that there shall be a front 'faPd (entirely'; unocoupied by any building or part thereof) having a depth of not'less than 25 feet and a side yard (entirely unoooupied by any building or part thereof) on each side of every building-. Suoh side yard shall have a depth of not less than 8 teet. Provided that the side yard on the street side of corner lots shall_be not le8s than 15 feet in depth. Provided- fUrther that one aide yard of a one story garage or other small aooessory buildings may be reduoed in depth to 5 feet. In blocks where buildings have already been erected having a front yard less than 25 feet the depth of the front yard.. tor any new building may be made equal to the depth of the front yard of the nearest adjaoent building. Provided that no front yard shall have a depth of less than 15 feet and provided further that the front yard for all buildings on corner lots shall be not less than 25 teet deep. I ( 9) All single ramily residences and/or other"main buildings shall have a total floor area, under roof, of not leas than 1000 square feet. "Total floor area". is herein to be oOIUl""e4 to mean the area of "the first floor above ground plus 2~ of ..':tloOl" area of finished ,rooms on the seoond floor above ground. "B"RESIDENCE DISTRICT In the fla" Residence District except- as hereinaner provided no building or - structure ahall be erected or materially al-tered,nor shall any building or pre- > misea be used except for one or more ot the following uses: ~ (1) Any use permitted in "AP Residence Distriot. . ....".-................,---..-...--.... ~ 476 (2) Apartment House8~ hospitals limited to three stories above the ground. (3) ChurChes and temples. (4) Libraries and Museums. (5) Institutions of an Educational~ Philanthropic or Eleemosynary nature. ( 6) Buildings shall be placecl to provide the same depths of front and side I yards as are required in "A" Residence District.. . ( 7) All single family residences anD/or other main buildings sh,9.l1 hav:e an area of not less than seven hundred square feet on the main floor. ( 8) The Director of Public Safety may in his discretion give written permission to :keep a family .Q.OW.Qil'rUl try tor fami.ly use only wi th the continuing con- sent of the owners of 80 . of the property within 300 feet of the lot or lots upon which such oow or poultry is kept. PC" RE~IDENCE DISTRICT In the "C" Residence District, except as herein provided, no building or structure shall be erected or materially altered nor shall any building or premises be used exoept , for one or more of the following us es: ( 1) Any use permitted in "A" and "B" Residence Districts. (2) Apartment Houses or Hotels. - (3) . Clubs Hospitals_ (4) Buildings shall be 80 placed as toprOv!de the same depths of front and side yards as are required in the "A" Residenoe Distriot. - "DIt RESIDENCE 'DISTRICT In the "D" Residence District, except as hereinafter provided~ no building , . or struoture shall be erected or materia~17 altered, nor shall ~y building or pre~ mises be used except for one o~ more of the following uses; (1) Any use permitted in U A" _ "B" or fl,C" Residence Districts. I (2) Small work .hops~ horse barns, oow barns, dog kennels~ rabbit pens, shall be allowed in ttDtI Residence Distriot only_ (3) Vacant lots may be J.}.ae4,,~r pasturing livestock. _ (4) Buildings shall be so placed that there shall be a front yard, entire unoccupied by any building or part thereof~ having a depth of not less than 20 reet and a side yard on each side of each building similiar1y unoccupied having a depth of not les8 than 8 feet. Providing that the .side yard on the street side of corner lots shall be -nbt less than 15 fee t in depth. Provip.ed further that one side yard of a one story garage or other small ~ocessory buildings may be reduced in depth to 5 feet. In any blook where buildings have already been erected having a front yard ~ less than 20 feet~ the~ePth of the front yard for any new building may be mad~ equal to the de th of the front yard of the nearest adjacent buil ding. Provided that no fl'ont .yard ahall. have a depth of less than 15 feet and provided further that the front.yard on corner lots shall be not less than 20 feet deep. ( 5) Buildings may be ~onstructed of any size desired, provided they are of reasonable design and are built in a workmanlike manner and do not create or tend to create a hazard.to life or property. ' MAIN BUSINESS DISTRICT IN THE MAIN BUSINESS DISTRICT . except as herein provided, no building or structure shall be erected or materially altered nor shall any builAing or premises.be used except for one or more of the following uses: I . 1. Any use permitted in the Residence Districts. s. Amusement Places. 3. Auction Rooms. . 4. Bakeries, employing not more than five persous. 5. Banks. 6. Barber Shops. 7. Battery Service Stations. 8. Billboards and Signs. ". 9. Catering E8tabli8~ents. 10. Conservatories. 11. Dancing Academies. 12. Comtort Stations. 13. Dressmaking ]5stablishments. ."",., 477 14. Dyeing and Cleaning Works, employing not more than five persons. 15. Electric Repair Shops. 16. Employment Agencies. - 17. Freight Stations or Bus Stations. 18. Coal, Ooke, Lumber, Wood or Building Material storage Yard. 19. Gasoline and Oil Stations. . 20. Hotels. . I 21. Laundries employing not more than five persons. 22. Laboratories. . 23. Locksmi th Shops. 24. Lodge Halls. 25. Messenger or Telegraph Service Stations. . 26. Millinery Shops. 27. Otfic es . -- 28. Painting and Decorating Shops. 29. Photograph Galleries. 30. Plumbing Shops. . 31. Post Offices. 32. Printing Shops. 33. Public G8J'ages. '. 34. Recreation Buildings and Structures. 35. Restaurants. 36. Roofing and Plastering Shops. 37. Sales or Show Rooms. 38. Sharpening or Grinding Shops. 39. Stores and Shops for the conduct of a Retail Business. 4:0. Shoe-Repairing Shops. 41. Studios. 42. Tailor Shops employing not tnO'J?e. than five persons. 43. TelePhone Exohanges. 44. Tinsmithing Shops. 45. Tire Repairing Shops. 46. Undertaking Establishments. 47. Upholstering Shops. - Any building primarily used for any of the above enumerated uses may have not mora than forty per cent of the floor area devoted to industry or storage I purposes incidental to such primary usesJ provided that not more than five employees shall be engaged at any time on the premises in any such incidental , use. . (2) Buildings on Main Street or on the north side of Babcock Street or on any Avenue may be built to the street line. Buildings on other Streets within the Main Business District shall be so plaoed that there shall be a front yard having a depth of not less than 15 feet. A side yard on eaoh s ide of each building having a depth of not less than 10 feet shall be provided for all buildings of frame wall or un- protected metal wall construction permitted UDder the Bu11dingOrd- inanoe. (3) In the construction of any building in the business district satis- faotory facilities must be provided for loading and unloading stocks of merchandise, etc., a.t the rear entrance. BUSlNESS-RESIDENT1AL DISTRICT In the Business-Restdential District no building or structure shall be erected or materially altered, nor shall any building or premises be used ex- cept for one or more of the following uses: ( 1) Any use permitted in "B" Residence District. I (2) ,Any use permitted in Main Business District. ~. r,5' I 16. 10 1'. vO' (3) All buildings shall be so placed tba ere &hall be a front yard entirely unoccupied by any bui1d1 or structure or part thereof, having a depth of not less than teet and a side yard on the street side ot corner lots. s1m111arly unocoupied, of a depth not less than 10 feet, In addition te the tore going requirements every building of frame wall, or of unprotected metal wall construction shall have a side yard on each side having a depth of not less than J.O feet, - INDUSTRIAL DISTRICT The Industrial District is oreat.d to proTide a District for use for any -manufacture. process. or tl'eatmlmt _teoever and no such use shall b~lUded therefrom which does not create or tend to create a nuisance and/or an. :ue .. . . hazard to life and/or property. . It shall be .the duty of the Direct.or of . Public. Safety' to determine if any use or proposed use does or will .tend to . create such a nuisance and/or hazard. Any applicant or any other interested - I person may ap-peal to the Commission of the City of Bozeman from thadecision , . of the Director of Public Sa(ety as to any use or proposed use, and the Commission shall finally decide the appeal after Public Hearing thereon. - ProVided reasonable notice of such hearing has been g1 ven by su1tab.1e pub"; . lication. ~ , . No use permitted in any residence district or business distr~ct shAll . be excluded from the Industrtal District. No building or premia es shall be used and no building or structure shall be erected, enlarged or altered 1n any manner whatsoever for any trade, industry. or use not approved as herein provided. SECTION.IV.--BOARD OF ADJUSTMENT . . Creation and Membership: The Board of Adjustment is hereby authorized . - to be established. The word IfBo~rd" when used in this section shall be con- strued to mean the Board of Adjustment. The said Board shall consist of five (5) members appointed by the Mayor and subject to confirmation of the City Com- mission. Each of said members shall be appointed to hole. offieetor a period of three (3) years and until. hissuccesaor is appointed and qualified. Vacan- t cles shall be filled for the unexpired term of any member whose term becomes vacant. All of the members of said Board shall serve without compensation. and they shall not be aubject to removal by either the Mayor or the City Connnission wi thou t caus e, (written charges and public hearing being required). - Meetings: Meetings of the Board shall be held at the call of the Chairmen - and at such other times as the Board may determine. Such.Chairman or in his ab- . - senoe the acting Chairman may administer oaths and oompel the attendance of wit- V . nesses. AU meetings..of the Board shaH be .Qpen to th~blie. The Board shall adept its own rules of procedure and keep a record of its proced;ures showing the - action of the Board and the vote of each member, upon each question considered. or if absent or failing to vote indicating suoh fact. .- Appeal: Appeal from the rulings of the.Building Inspector concerning the eni'orcemen t of' the provl sions of. this ordinance may be made to the Board of Ad- jlstment within such.tlme as shall be prescribed by the Board by general rulS. The appellant shall :f:ile with the Building Inspector and with the Board of Ad- I justment a notice ot Appeal specifying the grounds thereof. The Bu1 lding In- spector shall forthwi th transmit to the Board all of the papers canst! tuting . the record upon whioh the action appealed from was taken, An appeal stays all proceedings in furtherance of action appealed from unless the officer from whom the appeal Is taken certified to the Board of Adjustment after the notice ofap- peal shall have been filed with him thatby' reason of facts stated in the certi- ficate a stay would in his opinion oause imminent peril to life.or property. In such case proceedings shall not be stayed otherwise than by a restraining order .', :., -":"""-;'!7,',,,,",r,r~""'"':l:IIJ~~~.'" .........-..-.. '~~' ~0..:.1l'"'":,..,""~~""~-:-.".' 0 0 ""';..' , '. ..-..' -'. ~,:O.:!,:' :''''~,~:'~~~~~~l':'',1t, \1 ' """'~~~~\~;~:"~~?:T::7~~~.*~~~~!~~""" ,0:.:'::-'""1': ::,'~o;,,~",_ "~~~~!1~~~p!~~'~'~'!;~~~.:"o '.".':;~i~~~~;j~W,'~!,'. , 479. which may be granted by the Board of Adjustment or b,.. a Court of Record on application or notice to the officer from whom the appeal is taken and on due cause shown. ."'. JURISDICTION I (l} The Board shall. 'upon application, review the actions of the Build- ing Inspeotor in order to determine whether they are in accordance with the provisions of this ordinance, and in case of cU.sagreement the daeieion of the Board shall supersede that of the Building Inspector. To ooncurring vote of .. four (4) members of the Board shall be necessary to reverse any order, re- quirement, decision or to decide in favor of the applioant on any matter upon which it is required to pass under t~s ordinance or to effect any variations in this ordinance. \ The Board of Adjustment shall have.; the follow~ng power: (a) To hear and decide appeals where it is alleged there is error in order, requirement, decision or determination made by an adminis- trative official in the enforoement of this Ordinance. (b) To hear and decide special exceptions to the terms of this Ordinance. (c) To authorize upon appeal in specific cases suoht..Rr~~~~ terms of this ordinance as will not be contrary1'0 pe a on ons a literal enforoement of the provisions of this ordinanoe will result in unnecessary hardships, and so that the spirit of this ordinance - shall be observed and substantial justice done. I - In exercising the above _ mentioned power, such board may in conform! ty with the provisions of this ordinanoe re.erseor affirm wholly or partly or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to tln t end shall have all the poIfers of the officer from :whom. the appeal is . taken. . (2) The Board shall have the power to recommend to the City Commission such changes in the district b01.mdaries or regulations as it may deem neces- , sary or desirable, as more particularly set forth in Section V of this Ordinance. (3) The Board may from time to time adopt such rules and regulations as ~y be deell1ed necessary to carry into effect th~ provisions of this ordinance. (4) The Board shall reoommend to the q!~y Commission the use, height, and area districts in which each part of any annexation to the City of Bozeman ahallbe 'placed. SECTION V.--CHANGES ANb AMENDMENTS The Board of Adjustment shall 'of its own motion, or upon petition signed I by one or more property owners ot any district or portion thereof, or upon , instruction from the City'Commission, oause to be prepared a notice indicating, the ohanges proposed to be made in the regulations or in the district boundary lines, desoribing the boundaries of the t.~itory to be affected. Such notice shall state the time and place of a public hearing for consideration of such proposed amendment, supplement or change,-atld th~ place where maps of the pro- \ posed amendment, supplement or chang_"il1 be accessible for examination by interested partie.. Notic. of such pabllch_..ing shall be published at least fifteen (15) days in advance thereof in at .1east two newspapers of general cir- ., M_' '.".'OC. .,.. '''''''\'~'''k0iJ(fT''::'''''''''''''''''''- '')'1!1~,,,11'''': _,.. ".","'1'1" .\ " u. ,.-., -" "''','' ,. "''''''''~~7' ""'"",,,,!,':)~" , .-' . -;~~~,':-:-" "~.' '''I", ' r ' ~---' ~-~. ._-'" .. .. . ~ .. ~ ~ oulation in the City of Bozeman, also pole notioes shall be p1aoed upon two .. or more poles in said district to be changed 'or affected. Suoh hearing may be adjourned from time to time. Atter such public hearing the Board of Ap- peals shall report to the City Commission on the proposed amendment, supple- I - ment, or change, and may cause an ordinance authorizing such proposed amend- . ment, supplement or ohange to be presented to the City Commission of the City of Bozeman but the same shall not be offered for passage until after ten (10) days from and after the date it is so presented to the City Commission unless the stlid ordinanoe at the time it is so presented shall be accompanied by a conmnmication fX-om the said Board of Adjustment, advising that all of the ewners of the frontage proposed to be altered; the owners of the frontage im- mediately adjoining in the same block; the owners of the frontage in the block back of or across the alley therefrom; and the owners of the frontage direotly ~pposite the frontage" proposed to be altered, have filed with said Board of Ad- justment th~ir written consent to suoh amendment, in which case the said amendment , may be presented for passage at any regular meeting of the City Commission sub- sequent to the date of its presentation or at the same meeting at whioh it was presented by the suspension of Rule 10, but the swne sh~l not be passed except by the favorable vote of three-fourths of the members of the City Commission. Whenever under the terms of this ordinance any proposed amendment shall be re- I quired to layover for ten (10) days after it is presented and a written pro- test against such proposed amendment, supplement or change; signed by the owners 'of t.anty (20) percent of the frontage proposed to be altered, or by the owners of twenty (20) percent of the frontage immediately adjoining in the aame block or in the block back of or across the alley therefrom, or by the owners of twenty ~ (20) peroent of the frontage direotly opposite th~rontege proposed to be altered, shall have been filed with the Clerk of the Commission of the City of Bozeman with- . in ten (10) days after the said ordinance is so presented; the ordinance providing for such proposed amendment, supplement or change shall not be passed except by , the favorable vote of three-fourths of the members of the City Commission. SECTION VI.-~COMPLETION OF BUILDINGS UNDER EXISTING PERMITS Nothing herein oontained shall require any change in ~he plans, construction or designated use of a building for which a build~~ permit has been heretofore issued, or oomp1ete plans for which are on file with the Building Inspector at the time of the passage of this ordinance, and a permit for the ereotion of which is issued I within one month of the passage of this ordinance, and the construction of which, in either case, Shall have been d!ligently prosecuted within six months of the date of suoh permit, and which entire building shall have been completed according to plans as. filed within one year from the date of the passage of this ordinanoe. " SECTION VII.--VIOLATION, PENALTY, ENFORCEMENT Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to oomply wi th, or who resists the enforoement O!, any of the provisions of this ordinance sha11,upon con~letion, be fined not less than ten ($10.00) .'~ .' ," ,:,", ".;. ,'7" '""~." 1 481 I doll't'rs ner more than one hUBdred <$ioo.oo) dollars for each otfense and each day that a violation shall oecntinueshall oonstitute a separate offense. - SECTION VIIJ:.~--VALIDITY OF ORDINANCE ~"": ,~", ,I All ordinanoes or papts of. ordinanoes in conflict herewith are hereby . . ., ,"''',' ,:',' " "',:tk'J:-,", ,'" repealed, "but if SIly ...:-~tl0rlipax:!;graP1i~ subdivision, clause or provision of' . "'~':", , " this ordinance shall be'~ln"ll~ ~~Ch .iiivalidlty sh&ll apply only to a section, par:graph, 8ubdi Vi8 iO""'11aUSe,Ol~'"8 0 inva1id, and the remainder of this ordinanoe shall be valid.,and' ~f.ot1v. ..~.~: ". u'SECTItON lJi. --E1*'FECTlVE DATE ~); ::- ~ This ord1nano. . shalf.::be'.In ~tul1 f'ortiti dd ettee1i from and af'trer thirty days after i ts adoptio~. ' 't;~ ....J-. Passed and adopted 'Qy.the Comm1s810n~of1the,:_t.t 01' Bozeman this 2.3. day of' T .,. 1935. ._.....~.. . ./1 J!xI-~ Mayor :~-~/ ::ATTES~:. / .....~/~ ' . ~ :'_. . C er....., !6.. omm 88ion . . I, Carolyn Westlake, Clerk of ~e ConnnissioD"of the 'City of' Bozeman, Montana, hereby certify that the foregoing Ordinance N~. 661 of the City of I Bozeman, was publish$tl by title in the Bozeman Daily Chroniole, a daily news- paper of' general oirculation; print&d and published in'said City of Bozeman, in the issue of August 25th, and that dueproof of. said publication was made and filed in my Office. IN WITNESS WHEREOF I have hereunto set my hand and the seal of Jtf:y office ~ . - :~/~-; this 26th day of August, 1935. ' , ,'\, ''-. _.--~- '" - - ...;. . . ~ ': I ~ - ~ .