HomeMy WebLinkAboutOrdinance 59- 813, Amends § 4 of Ord. 776
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ORDINANCE NO. 813
AN ORDINANCE AMENDING SECTION IV OJ' ORDINANCE NUMBER 776 OF THE CITY OF' BOZEMAN. THE SHORT TITLE
OF WHICH IS "THE ZONING ORDINANCE". AS THE SAME WAS AMENDED BY ORDINANCE NUMBERS 787 AND 792. SO
AS' TO INCLUDE THEREIN DEFINITIONS OF "ALLEY". "AUTOMOBILE TRA1I':T.Ri. TRAILER COURT OR TRAILER".
"FRINGE ZONING AREAS". "GASOLINE AND OIL STATIONS", AND "TRANSITION ZONING AREAS"; AMENDING
SECTION x:v OF SAID ORDINANCE NUMBER 776 SO AS TO PROVIDE FOR THE CREATION AND ESTABLISHMENT OF
AN "U" RESIDENCE DISTRICT AND FOR THE USE RESTRICTIONS THEREIN; AMENDING SECTION x:v , SUB-
SECT IONS A, B, C AND D, SO .AS TO PROVIDE MINIMUM LOT AREA REQUIREMENTS AND MINIMtJ.M LIVING SPACE
AND HEIGHT OF BUILDING R~UIREMENTS FQR "A", liB", "C" AND "D"RESIDENCE DISTRICTS; AMENDING I
SECTION xv OF SAID ORDINANCE NUMBER 776 SO AS TO PRQVIDEFOR THE CREATION AND ESTABLISHMENT
OF TRANSITION ZONING AREAS AND FRINGE ZONING AREAS AND FOR USE AND CONSTRUCTION RESTRICTIONS
THEREIN; AMENDING SECTION XVI OF SAID ORDINANCE NUMBER 776 SO AS TOFROVIDE FOR ADDITIONAL OFF-
STREET PARKING AND LOADING SPACE R~UIREMENTS, FOR REGULATION OF THE LOCATION .AND USE OF AUTO-
MOBILE TRAILERS, TRAILER COACHES AND TRA1V~RS, FOR MINIMUM :rn TERSECTION VISIBILITY ~UIREMENTS
AND FOR REGULATION OF TEMPORARY STRUCTURES
WHEREAS, the Board of Adjustment of the City of Bozeman, pursuant to the provisions of Ordinance No.
776 of the City of Bozeman, the short title of which is "The Zoni:qg Ordinance", has recommended to the
City Commission of the City of Bozeman that certain chant;es in and additions to the provisions of "The
Zoning Ordinance" be made as are hereinafter more particularly described; and
WlmREAS, the City Commission has duly considered such recommendation and after suoh consideration has
decided to adopt and give effect to the same;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF' THE {; ITY OF' BOZEMAN.
Seotion 1. That Section IV of Ordipance No. 776 be, and the same is hereby, amended to include the
defini tions of' "alley", "automobile trailer, trailer oourt or trailer". "fringe zoning areas", "gasoline
and oil stations" and "transition zoning areas", to read as follows:
Alley.. Any publio space or thoroughfare not more than twenty feet (20') in width, which has been
dedicated or deeded to the publio for public travel and which affords secondary aocess to abutting pro-
perty, exoept if and when otherwise officially platted and designated as alley.
Automobile Trailer, Trailer Coach or Trailer: Any vehicle or structure so designed and oonstructed I
in such manner as will permit occupancy thereof as sleeping quarters for one or more persons, or the
oonduct of any business or profession, occupation or trade (or use as a selling or advertising devioe),
and so designed that it is or may be mounted on wheels and used as e. conveyanoe on highways or city
streets, propelled or drawn by its own or other motive power, excepting a device used exolusively upon
stationary rails or tracks.
Fringe Zoning Areas: Areas at the perimeter of zones wherein zone requirements are varied in ao-
cordance with the provisions herein in order to insure an easy transition between zones of differinc
charaoter.
Gasoline and Oil Stations. Any building or portion thereof and the land upon which it is situated
used for supplying fuel and/or oil for motor vehicles at retail, direct to the consumer and/or making
minor vehicular repairs, such supplying to be by an attendant.
Transition zoning Areas. Those areas in which residential uses are in existence which are non-
conforming wi th rega.rd to the use zoned for and are del ineated as such as provided for in this ordinanoe.
'lhese are areas which will undergo a major change in character in the future due to 8. change in use, the
transition to which is to be controlled by regulations as set forth herein.
Section 2. That Seotion XV of Ordinance No. 776 be, and the same is hereby, amended to create and
establish an "ll" Residenoe District and for use restrictions therein, to read as follows.
In the "u" Residence Distriot, "A" Residence District. "B" Residence District, "e" Residenoe
District. "D" Residence District, Business District and Industrial District, respectively, now or here-
after established, except as hereinafter provided, no building or structure shall be erected or materially
altered nor shall any building or premises be used, except for one or more of the uses set forth in the
following applicable subsection.
Subsection AA -- "M" Residence District
1. Allowable uses: Single family dwelling and private garages, elementary and ?~gh schools. churches, I
libraries, parks, playgrounds and recreation buildings publicly owned.
2. Vacant lots shall be used for gardening, tennis courts, playground or other recreational fao-
ilities only, and shall be kept free of all rubbish anq/or garbage at all times; provided, that
other uses of vacant lots may be per.mitted by written authority of tha Direotor of Publio Safety
with the continuing consent of the owners of 80% of the property within 300 feet of the lot or lots.
3. Buildings shall be so placed that there shall be a front yard entirely unoccupied by any build-
ing or part thereof, having a depth of not less than 30 feet with the front set back varied in
5 foot increments from adjacent residences to eliminate building ofljOuses ins. straight line,
a side yard, entirely unoccupied by any building or part thereof, on 'eil,ch side of every build-
ing having a depth of not less than 12 feet on any and all interior lots and shall have a depth
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of 30 feet on the street side of any corner lots. (Provided further, that one side yard of a one-
story garage or other small accessory building may be reduced in depth to 8 feet if such building is
located to the rear of any unoccupied 36 foot rear yard, but on corner lots shall be not less than
30 feet from any street line). This ordinance further provides that there shall be a distanoe of
not less than 24 fiat separating a "an building from any building on a surrounding property.
4.. Each single family residence an~or other main building shall have a total living space floor area,
under roof and permanently enclosed, of not less than 1000 square feet on the main living floor
and shall not exceed 35 feet in height.
6. Each single family residenoe shall have a minimum lot area of 8000 square feet, said lot having a
I minimum frontage of 75 feet abutting a recognized street, avenue or way,
6. Trash shall be provided for in a clean and sanitary condition in containers totally screened in an
attractive manner, or buried so as to be out of sight of adjacent residences and/or yards.
7. Trailers or boats may be parked on private property provided they are totally screened in an at-
tractive manner so as to be out of sight of adjacent residences and/or yards, or kept under cover
in a b9ilding that confo~s to the residential architecture.
Section 3. That Section XV, Subsections A, B, C and D, of Ordinanoe No. 776 be, and the same is hereby,
amended to provide minimum lot area requirements and minimum living space and height of b~ilding requiremehta
for "A", "B", "C" and "D" Residence District, to read as follows.
Subsection A ..- "A" Residence District
9. Each single family residence and/or other main building shall have a total living space floor area,
under roof and permanently enclosed of not less than 1000 square feet, 20% of which may be on a
seoond floor above ground, Eaoh multiple family dwelling shall have an area of not less than 1000
square feet for each family, which may be distributed on two floors above ground. Each basement
apartment shall have a total floor area of not less than 1000 square feet. No building shall ex-
ceed 35 feet in height.
12. Each single family residence shall have a minimum lot area of 7000 square feet and each multi-
family dwelling shall have a minimum lot area of 5500 square feet plus 1500 square feet per dwelling
unit.
Subsection B -- "B" Residence District
7. Each single family residenoe and/or other main building shall have a total living space floor area,
under roof and permanently enclosed, of not less than 700 square feet on the main floor. Each
multiple family dwelling orapartment shall have an area of not less than 700 square feet for each
family, which may be distributed on two floors above ground. Each basement apartment shall have
a total floor area of not less than 700 square feet. No building shall exceed 35 feet in height.
I 10. Each single family residence shall have a minimum lot area of 6000 square feet; each two-family
residence and mul ti...family residence shall have a minimum lot area of 4500 square feet plus 1500
square feet per dwelling unit.
Subsection C -- "e" Residence District
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4. Each single family dwelling or main buHding shall have a total living space main floor area of not
less than 550 square feet above ground~ Multiple family dwellings or apartment houses shall have
a floor area of not less than 1100 square feet, whioh may be distributed between two floors above
ground. Each basement apartment shall have a total floor area of not less than 550 square feet.
No building shall exceed 35 feet in height.
8. Each single family residence shall have a minimum lot area of 5000 square feet; two-family resi-
dences shall have a minimum lot area of 6500 square feet; multi-family residences, boarding houses,
rooming houses and tourist homes shall have a minimum lot area of 4750 square feet plus 250 square
feet per dwelling unit for multi-family dwellings a.nd 250 square feet per two roomers or guests for
boarding houses, rooming houses and tourist homes.
Subseotion D -- "D" Residenoe District
6. Each single family residence shall have a minimum lot area of 5000 square feet; each two-family
residence an~or multi-family residence shall have a minimum lot area of 4850 square feet plus 160
square feet per dwelling unit. Each boarding house, rooming house and/or tourist home shall have
a minimum lot area of 4850 square feet plus 150 square feet for each two roomers or guests.
Section 4. That Section XV of Ordinance No. 776 be, and the same is hereby, amended to add thereto
Subsection H and Subsection I creating and establishing transition zoning areas and fring zoning areas and
the use and construction restrictions therein, to read as follows.
Subsection H -- Transition Zoning Areas
I 1. Transition zoning area map. The City Conunisdon of the City of Bozeman is hereby empowered to es-
tablish limits of transition zoning areas wi thin the City and an acourate and official map of sdd
areas shall be prepared and maintained at the office of the City Engineer of the City of Bozeman.
2. Where an area zoned for business or industrial use is presentlyocoupied, in whole or in part, by
residential uses, and such area has been delineated as a "Transition Zoning Area" as set forth
'",'7 above, the following regulations shall apply.
a. Where a business or industrial use to be introduced into a Transition Zoning Area is to be
adjacent to an existing residential building or buildings, the front yard set back of the
existing adjacent residential structure or structures shall be adhered to as a minimum
setback for the proposed structure. In the event these adjacent setbacks are irregular the
deepest setbaok shall be adhered to. The side yard restrictions as established for the
most restrictive adjoining residential use if looated in a "C" Residence District will
apply on those sides of the property, including the rear, where all existing residential
buildings face the proper~.
ORDINANCE NO. 813
4.90
b. Where an industrial use to be introduoed into a Transition Zoning Area is to be adjacent
to an existing residential building or buildings, a shrubbery buffer not less than 4 feet
high and 4 feet thiok or a substantial sightly solid fenoe not less than 6 feet high nor
more than 6 feet high shall be provided on the industrial property, abutting its side
yard and/or rear yard line leaving the side and/or rear yard area free and unobstructed
upon the institution of the industrial use.
c. Where a business or industrial use to be introduoed into a Transition Zoning Area is to
be adjacent to an existing residential building or buildings, the height of said business
or industrial use shall not exceed the height of buildings allowed in a "en Residential
district. I
d. No building shall be altered, added to or occupied henceforth in such a manner as to
cause a oombination of business-residence or residence-industry uses to be created on
any lot in any Transition Zone Area.
Subsection I -- Frin@!! Zoning Areas
1. F'ring zoning area map. The City Commission of the City of Bozeman is hereby empowered to
establish limits of fringe zoning areas within the City and an accurate and official map of
said areas shall be prepared and maintained at the office of the City Engineer of the City
of Bozeman.
2. Lots in two districts. Where a district boundary line as established in this Ordinance or
as shown on the zoning map divides a lot which was in single ownership and of record at the
time of this Ordinance, the use thereon and the other district requirements applying to the
least restricted portion of such lot under this Ordinance shall be oonsidered as extending
to the entire lot, provided the more restricted portion of such lot is entirely within
20 feet of said dividing district boundary line. The use so extended shall be deemed to
be conforming.
3. Lots in Business or Industrial Distriots Adjacent to Residential Zone. Where a lot in a
business or industrial district abuts a lot in a residential district, there shall be pro-
vided along such abutting lines a yard equal in width or depth to that required in the resi-
dential district. Where a lot zoned for industry abuts a lot zoned for a residential use,
a shrubbery buffer not less than four feet high and four feet thick or a sightly solid fence
not less than six feet high nor more than eight feet high shall be provided and maintained
on the industrial property abutting its side yard and/or rear yard line leaving the side
and/or rear yard area free and unobstructed, upon the institution of either use which makes
them coexistent.
4. Front Yard Transition. Where the frontage on one side of a street between two intersecting
streets is zoned partly as residential and partly as business or industrial, the front yard
depth in the business or industrial district shall be equal to the required front depth of
the residential district.
5. Height limitations; Where a lot in a business or industrial district abuts a lot in a resi-
dential district, the height of buildings in said business or industrial district shall be I
limited to the height of buildings allowed in the adjacent residential district.
6. Garage entrances. No public or private garage for more than five motor vehicles shall have
an entrance or exit for motor vehicles within 100 feet of a residential district.
7. Parking lots and Driveways Abutting Residence District. Whenever a parking lot or a driveway
to a parking lot is hereafter established in other than a residence district as as to abut ~~ --
the side or rear line of a lot in a residence distridt a solid masonry wall, or a substantial
sightly fence not less than 6 feet high and not more than eight feet high, shall be construct-
ed and maintained along said side or rear lot line up to, but not beyond, the setback building
line. In addition, in all use districts, the lighting, including any permitted illuminated
sign, on any parking lot or driveway shall be arranged so that there will be no annoying
glare directed or refleoted toward residence buildi~s or residence districts.
8. Reversed Corner Lot Abutting Residential Distriot. In the case of a reversed corner lot
where the rear of a lot in business and/or industrial districts abuts upon the side of a
lot in any residential district, there shall be a rear yard of not less than the side yard
requirements of the abutting residenoe; provided further that where a public alley separates
the rear of the lot in the business and/or industrial district and the side of the lot in
any residential district, no rear yard shall be required.
9. Fire Zoning Requirements. The fire zoning requirements and all other zoning requirements,
not herein specifically covered, of the district which the lot, or lots, are being transferred
to shall apply to such lots.
Section 5. That Section XVI of Ordinanoe No. 776 be, and the same is hereby, amended to provide
for amended off-street parking and loading spa.ce requirements, for the regulation of the location and
use of automobile trailers, trailer coaches and trailers, for min~um intersection visibility require-
ments and for regulation ~f temporary structures, to read as follows.
4. Off-Street Parking
e.. Off-street parking space shall be provided in oonnection with the erection or increase I
by units or demension of any building or structure in the following wmountS&
~~ For one-family or two-family dwellings, two parking spaces for each family unit.
Fbr multi-family dwellings and residences of more than three units, parking spaoes
equal in number to not less than 125% of the number of family dwellings units and in
no case less than five.
3) For lodging, roaming and boarding houses, one parking space for each two guests plus
2 per family unit if also a residence.
4) Hotels, oharitable or welfare institutions wherein space is rented or sold for dwell-
ing purposes, one parking space for each two guest rooms, dwelling units or suites.
If assembly or public eating or drinking facilities are provided in such structures,
additional parking will be required in acoordance with the provisions of the following
paragraphs numbered 5 and 12, whichever pertains.
5) For places of public eating and/or drinking, one parking space for each five patrons.
ORDINANCE NO. 813
49.t
6) For tourist homes, ca"ins or motels, one parking space for each guest or sleeping
room or suite.
7) For trailer courts or camps, one parking space for each trailer space.
8) For franternities and/or sororities, four parki.ng spaces for each five resident members.
9) For general business, commercial and personal service establishments, one parking
space for each 100 square feet of floor area plus one parking space for each three
employees.
10) For industrial or manufacturing establishments, one park:l.ng space for each two employees,
plus such additional parking space as shall be required for all vehicles used directly
I or indirectly in the conduct of the enterprise.
11) For hospitals, at least one perking space for each four beds plus one space for each
two employees; for rest homes, at least one parking space for each ten beds plus one
space for each three employees; for welfare insU tutions, one parking space for each
750 square feet of floor area plus one space for each three emp!Gyees.
12) For churches, senior high schools, colleges, auditoriums and for theatres, one parking
~~ * space for every four seats provided in said building or structure.
g. Loading space. Every hospital, institution, hotel, commercial or industrial bu11ding
hereafter erected or established on a lot shall have one penmanently maintained loading
space of not less than ten feet in width and twenty feet in length measured perpendicularly
to the land and fourteen feet in height for each two thousand square feet of lot area upon
which said building is located.
6. Automobile Trailers, Trailer Coaches and Trailers
A.. It shall be unlawful within the limits of the City of Bozeman for any person to park any
automobile trailer, trailer coach or t~ailer, as the same are defined in this Ordinance,
upon any street, alley, or highway:or other public place, or on any tract of land owned
by any person, occupied or unoccupied, within the said City of Bozeman, except in a licensed
trailer park or tourist camp.
b. Emergenoy or temporary stopping or parking is permitted on any street, alley or highway for
not longer than four hours subject to any other and further prohibitions, regulations, or
11mi tations imposed by the traffic and parking regulations or ordinances for that street.
alley or highway.
c. No person shall park or occupy any trailer on the premises of any occupied dwelling or on
any lot which is not a part of the premises of any occupied dwelling either of which is
situated outside an approved trailer park; except. the parking of only one unocoupied
trailer in an accessory private garage building, or in a rear yard in any district. is
permitted providing no living quarters shall be maintained or any business practiced in
I said trailer while such trailer is so parked or stored.
7. Visibility at Interseotions
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On a corner lot in any residential district, no fence, wall, tree, hedge or other structure or
planting shall be so placed or maintained as to exist, in whole or in part, at a height greater
than 3! feet above the eatablished grades of the streets within a triangular area fanned by
the intersecting street lines and a straight line joining said street lines at points which are
30 feet from the point of intersection of the streets lines, measured along said street lines.
8. Temporary Structurel
No temporary structures will be allowed in any residential distriat e~cept construction sheds
and store houses utilized for active construction on the s1 te upen. which1t exists.
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Section 6. That all Ordinances and parts of Ordinances in conflic~ with this Or~inance be, and the
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same are, hereby repealed. -.- ~
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Section 7. This Ordinance being deemed by the City Commission of-the~.~i.ty of Boz,e~n to be an
Ordinance that is immediately necessary for the preserve.tion of the public-W~_~~~:~.i"S therefore an
emergency Ordinanoe and shall be in full force and effect from end after the' a.e:~e~~.f'.fts passage and
approval.
Passed by the City Commission and approved by the Mayor this 24th day of June A. D. 1959.
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Mayor
ATTESTa
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Stillte of Montana ) ss
County of Gallatin )
I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman, do hereby certify that the fore-
going Ordinance No. 813 was published by ti Ue and number in the Bozeman Daily Chronicle, e newsr-aper
of general circulation, printed and published in said City in the issue of June 2Eth:. 1959, and due
proof of such publication is on file in my office.
n1 WITNESS WH13:REOF I hereunto set my hand and affix the corporate seal of mJr--df'ice ,J.une 29,1959.
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