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HomeMy WebLinkAboutOrdinance 56- 792, Amends Ordinance 776 (2) 11 hN:, 17 d ;'y .. 7 7 '" 415 ORDINANCE NO. 792 ~ "nl.-It~ - \.1> II1811C8 AN ORDINANCE AMENDING SECTION IV OF ORDINANCE NUMl --' 0 THE CITY 0 .. . ., THE SHOPT TITLE OF WHICH IS "THE Z()NING ORDINANCE", SO AS TO IHCr. UDE THEPEPI A DEFINI'rION OF "GASOLINE AND OIL STATIONS": AMENDING SECTION VIII OF SAID ORDINANCE NUMBER 776 SO AS 'ro CREATE AND DEFINE THE BOUNDARIES OF PART III of the "A" RESI- I DENCE DISTRICT: AMENDING SECfrION IX OF SAID ORDINANCE Nm/IBER 776 SO AS 'ro ALTER THE BOUNDARIES OF PART IV AND SO AS TO CREATE AND DEFINE THE BOUNDJ'RIES OF PART V OF TIE~ "Bi' RES tDENCE DISTRIC'r: AM'JiTDING SECTION X OF SAID ORDINANCE NUM-3ER 776 SO AS TJ ALTER THE BOUNDARIES OF PART I OF THE "c" RESIDENCE DISTRICT: AMENDING SEC- TION XII OF SAID ORDINANCE NUMBER 776 SO AS 'ro CREATE AND DEFINE 'rHE BOUNDARIES OF ", I PART IV OF 'rHE BUSINESS DISTRICT: AMENDING SECTION XIV OF SAID ORDINANCE NUMBER C1 776 SO AS TO ALTER THE BOUNDARIES OF PART I AND SO AS 'ro CREATE AND DEFINE 'rHE I BOUNDARIES OF PAR'r II OF THE INDUSTRIAL DISTRICT, SAID PART I TO BE KNOWN AND DESIGNATED AS "HEAVY INDUSTRIAL" AND SAID PART II 'ro BE KNOWN AND DESIGNATED AS "LIGHT INDUSTRIAL": AMENDING SECTION XV, SUBSECTION G., OF SAID ORDINANCE NUMBER 776 SO AS TO MORE FULLY SPECIFY THE USES PERMI'rTED IN THE INDus'rRIAL DIs'rRICT: AND AMENDING SECTION V OF SAID ORDINANCE NUMBER 776 SO AS TO CORRECTLY LIST THE If USE DISTRICTS AND THE PARTS THEREOF. WHEREAS, the Board of Adju.stment of The City of Bozeman, pursuant to the provisions r ......... of Ordinance No. 776 of The City of Bozeman, the short title of which is "The Zoning Ordi .~ nance", has recommended to The City Commisslon of The City of Bozeman that certain changes in and additions to the provisions of The Zoning Ordinance be made as are hereinafter more particularly described; and WHEREAS, The City Commission has duly considered such recommendHtion and after such consideration has decided to adopt and give effect to the same. NOW, 'rHEREFORE, BE IT ORDAINED BY THE COMMISSION OF 'rHE CI'rY OF BOZEMAN: Section l. 'rhat Section IV of Ordinance Number 776 be, and the same is hereby amended to include a definition of Gasoline and Oil Stations to read as follows: Gasoline and Oil Stations shall mean the portion of a property whereflammable liqnJ.rJs used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles. I Section 2. 'rhe t Sec tion VIII 0 f OI'dinance Number 776 be, and the same is hereby amended to create and define the boundaries of PART III of the "A" Residence District to read as follows: PART III.: Beginning at the intersection of the center lines of East Babcock Street and South Cypress Avenue, thence South along the center line of South Cypress Avenue to an intersection with the center line produced of the alley be- tween Blocks "An and "n" of the Marwyn Rearrangement; thence Easterly and South- erly along the said center line of alley produced and the center line of alley between said Blocks "A" and "D" to a point on the South line of East Curtiss Street, thence West along the South line of East Curtiss Street to the Northeast corner of Sm1set Hills Cemetery, thence South and continuing around Sunset Hills Cemetery to the intersection of the cemetery boundary and the centerline of East Story Street extended; thence West along said centerline to a point of intersection with the centerline of South Church Street, thence South alon~ the center line of South Church Street to the City Limits; thence along the City limits in a Connter clockwise direction to the intersection of the City Limits with the center- line of U.S. Highway #10, thence Northwesterly along the centerline of U.S. Highway #10 to a point of intersection with the centerline of Switzler Avenue South ex- tended, thence Southwest along the cetnerline of Switzler Avenue South to the North boundary line of Marwyn Rearrangement, thence West along the North boundary line of Marwyn Rearrangement to the East line of Aylsworth Avenue; thence contin- uing Westerly along the centerline of East Babcock Streec to the point of beginning. . Section 3. That Section IX of Ordinance Number 776 be, and the same is hereby amended to alter the boundaries of PART IV and to create and define the bonndaries of I PARTV of the "B" Residnece District to read as follows: PART IV.: Beginning at the intersection of the centerline of Cypress Avenue and the centerline of the alley between East Main Street and East Babcock Str0et, thence East along the centerline of said alley and vacated alley to the intersection of the centerline of said alley with the centerline of U.S. Highway #10; thence Southeasterly along the centerline of U.S. High~ay #10 to the intersection with the centerline ofSwitzler Avenue South extended; thence Southwesterly along the centerline of Switzler Avenue South to the North boundary line of Marwyn Rearrangement; thence west along the North boundary line of Marwyn Rearrangement to the East line of Alysworth Avenue; thence continuing Westerly along the centerline of East Babcock Street to the intersection of said centerline with the centerline of Cypress Avenue; thence NOrth along the centerline of Cypress Avenue to the point of beginning. 41Ji PART v.: Beginning at the intersection of the Easterly City Limits and the centerline of U. S.T Highway # 10 thence Westerly along the centerline of U.S. High- way # 10 to a point of intersecti(m with the East boundary line of Block 5, Granite Addition produced; thence North along this coundary line extended to its "point of intersection with the Southerly boundary line of a tract owned by Stephen F and Mable Sande as recorded in Gallatin County Record of Deeds, Volume 102, Page 3Ll3; thence in a Northwesterly direction and along said bOlmdary line to a point of intersectio~ with the centerline of the C.M.StP. & P. RR; thence Easterly and Northerly along the centerline of the C.M. St.P. & P. RR to a point of inter- section with theNortherly City Limits; thence Easterly and Southerly along the City Limits line to the point of beginning. I Sec tion ~.. That Section X of Ordinance Number 776 be, and the same is hereby amended to al ter boundaries of PART I of the ttcft Residence District to read as follows: Part 1.: Beginning at the point of intersection of the centerlines of Black Avenue and Lamme Street, thence Easterly along the centerline of Lamme Street to a point on the centerline produced of Perkin's Place; thence Northerly along the centerline of Perkins Place to a point on the centerline of Peach Street; thence Easterly along the centerline of Peach Street to a point on the center- line of Plum Avenue; thence Southerly along the centerline of Plum Avenue to a point on the centerline of Orange Street porduced; thence Easterly along the centerline of Orange Street to the centerline of Boradway Avenue; thence Southerly along the centerline of Broadway Avenue to the centerline of Davis Street; thence Easterly along the centerline of Davis Street produced to the centerline of N. P. RR: thence southerly along the centerline of H.P. RR to a point on the centerline of the NP RR spur serving the Freight Depot; thence Southwesterly along this centerline to a point on the centerline of Lamme Street produced; thence Westerly along the centerline of Lamme Street to a point 56 feet West of the West line of Wallace Avenue; thence Southerly 56 feet West of and Parallel to the West line of Wallace Avenue to a point on the cen- terline of the alley between Mendenhall and Lamme streets; thence Westerly along the centerline of alley between Mendenhall and Lamme Streets and said centerline produced, to a point on the centerline of Black Avenue; thence North- erly along the centerline of Black Avenue to the point of beginning. Section 5. That Section XII of said Ordinance Number 776 be, and the same is hereby amended to create and define the coundaries of Part IV of the Business District ~ to read as follows: PART IV.: Beginning at the intersection of the centerline of U. S. Highway #10 I and the East boundary of line produced of Block 5, Granite Addition; thence North along this bOW1dary line extended to its point of intersection with the Southerly boundary line of a tract owned by Stephen F. and Mable Sande as re- corded in Gallatin County Record of Deeds, Volume 102, Page 31:3; thence in a NorthllJesterly direction and along said bOlmdary line to a point of intersec- tion with the centerline of the C.M. ST.P.&P.RR; thence Westerly and Southerly along the centerline of the CM.ST.P.&P RR to a point on the Northwesterly bank of Mill Canal; thence Southerly along the Northwesterly bank of Mill Canal to a point on the centerline of EastMain Street; thence Easterly along the center- line of East Main Street to the centerline of Cypress Avenue; thence Southerly along the centerline of Cypress Avenue to a point on the centerline of Alley be~ tween East Main Street and East Babcock Street; thence Easterly along the cen- terline of said alley and vacated alley to the interRection of said alley with the centerline of U.S. Highway #10; thence Southeasterly along the centerline of D.S.Highway #10 to the point of beginning. Section 6. That Section XIV of said Ordinance Number 776 be, and the same is here- by amended to al ter the bOlmdaries of Part I and. to create and define the boundaries of Part II of the Industrial District to read as follows, said Part I to be known and desig- nated as "Heavy Industrial" and said Part II to be known and designated as "Light Industrial": . PART I. (Heavy Indust~ial): Beginning at a point on the North City Limits 1381 feet West of the West line of Rouse Avenue; thence Easterly along the City limits to a point on the centerline of the C.M.ST.P.& P. RR; thence Southerly along the centerline of the C.M.ST. P. & P. RR, across the N.P. RR and continuing South- I westerly to a point on the centerline produced of the N.P.RR Branch line; thence Northerly along the centerline of the N.P. RR Branch line to a point on the cen- terline produced of Davis Street; thence Westerly along the centerline of Davis Street to a point on the centerline of Broadway Avenue; thence Northerly along the centerline of Broadway Avenue to a point on the centerline of Orange Street; thence Westerly along the centerline of Orange Street to a point on the center- line of Plllln Avenue; thence Northerly along the centerline of Plum Avenue to a point on the centerline of Peach Street; thence Westerly along the centerline of Peach Street to a point on the centerline of Chl~ch Avenue; thence Northerly along the centerline of Church Avenue to a point on the centerline of Juniper Street; thence Westerly along the centerline of Juniper Street to a point on the centerline of Rouse Avenue; thence Northerly along the centerline of Rouse Avenue to a point on the centerline of Birch Street; thence Westerly along the centerline of Birch Street to a point on the centerline of Montana Avenue; thence Northerly Ordinance No. 792 417 along the centerline of Montana Street to a point on the centerline of Oak Street; thence Westerly along the centerline of Oak Street 1057 feet; thence Northerly to the point of beginning. PART II. (Light Industrial): Beginning at the point of intersection of the cen- terlines of Lamme street and':\fsl1ace Avenue, thence Easterly along the center- line of Lamme Street to a point on the centerline of the N.P. RR Freight Depot Branch line; thence Northerly along this centerline to a point on the center- line of the N.P. RR - North - South branch Line; thence Southerly along the centerline of the North-South Branch line to a point on the centerline of the I C.M. ST. P & P. RR; thence Westerly along the centerline of the C.M. ST . P. & P. RR to a point on the NOrth Westerly Bank of Mill Canal; thence Southwesterly along the Northwesterly bank of Mill Canal to a point on the North Boundary of Sunset Hills Cemetery; thence Westerly and Southerly along the boundary line of the Sunset Hills Cemetery to a point on the Northwesterly Bank of Mill Canal; thence Southwesterly along the Northwesterly bank of Mill Canal to a point on the centerline of Story Street; thence Westerly along the centerline of Story Street to a point on the centerline of Church Avenue; thence Northerly along the centerline of Church Avenue to a point on the South line of Koch Street produced; thence Easterly along the South line of Koch Street produced to a point on the centerline of Alley between Church and Wallace Avenues; thence North- erly along the centerline of alleys between Church and Wallace Avenues to a point on the centerline of Babcock Street; thence Easterly along the center- line of Babcock Street to a point on the centerline of Wnllace Avenue; thence Northerly along the centerline of Wallace Avenue to the point of beginning. Section 7. That Section XV, Subsection E, PARTS II AND IV OF said Ordinance Number 776 be, and the same is hereby amended to read as follows: 1. Any use permitted in "A" or "Bn Residence Districts. 2. The establishment and operation of small retail businesses only, including motels. 3. The establishment and operation of the following businesses is prohibited and shall not be permi tted in this District: a. Billboards and outdoor display signs b. Coal, lumber, wood and building material yards c. Dance halls d. Used Car Lots e. Machinery sales yards f. Pool halls I g. Cottage courts or trailer courts h. Any business where beer or liquor is sold; provided, however, that the sale and distribution of beer to the public in original packages for consumption off the premises of the seller shall be permitted. 4. The City Commission of the Ci'ty of Bozeman hereby reserves and retains the right and privilege of denying a permit or city license to build, establish or operate any further types of classifications of businesses in this Dis- trict which are not suitable, in its discretion, for a small retail shop- ping District. In Part II and IV of the Business District buildings may be erected and built to the property lines, provided that the exterior construction of such buildings is of four hour fire resistant rating. All buildings of less than a four hour fire resistant rating construction shall be so placed that there shall be a side yard of a depth of not less than ten (10) feet on the street side of corner lots, on the inside side of corner lots and both sides of inside lots. Section 8. 'rhat Section XV, Subsec tion G, of said Ordinance Number 776 be, and the same is hereby amended to read as follows: SECTION XV. -- Restrictions within Districts. Subsection G. -- Industrial District PART I. (Heavy Industrial): The Heavy Industrial District is created to FTovide an area for use for any manufacture, process, business or treatment whatsoever and no such use shall be excluded therefrom which does not create or Itend to create a public nuisance ann/or an undue hazard to life and/or property as the same may be defined by the provisions of the ordinances of the City of Bozeman presently in I effect, or hereafter adopted, defining and regulating nuisances and hazards to life and/or property, providing that no building or occupancy permit shell be issued in this district for any of the following uses until and unless the loca- tion of the place of such use shall have been previously approved by the City Commission as hereinafter provided: Acid Manufacture Glue manufacturing Distillation of bones, coal or wood Petroleum refining Explosive manufacture or storage R~sidence dwellings Fat rendering Smelting of tin, copper, zinc Fertilizer manufacture or iron ores Garbage,offal or dead animal reduction Stock yards or slaughter of animals. It shall be the duty of the Director of Public Safety to determine if any use or proposed use does or will tend to create such a public nuisance and lor hazard. Ordinance No. 792 418 Any applicant or any other interested person may appeal to the Commission of the City of Bozeme.n from the dec:lsion of the Director of Public Safety as to any use or proposed use, and the Commission shall finally decide the appeal after public hearlng thereon, provided reasonable notice of such hearing has been given by suit- able publication. No building or premises shall be used and no building or a structure shall be erected for any trade, industry, or use not approved as herein provided. PART II. (Light Industrial): In the Light Industrial District, no building or prem- ises shall be used, and no building shall be erected or altered for any of the fol- lowing specified trades, industries or uses: Abattoirs I Acetylene gas manufacture Acid Manufacture Amonia, bleaching powder or chlor ine manufa.cture Arsenal Asphalt manufacture or refining Blast Furnace Boiler works Brick, tile or terra cotta manufacture Candle manufacture Celluloid manufacture or treatment Coke ovens Crematory Creosote treatment or manufacture Di s infec tan t, insecticide, or poison manufacture Distillation of bones, coal or wood Dyestuff manufacture Emery cloth and sandpaper manufacture Fat rendering Fertilizer manufacture Fish smoking and curing Forge plants Foundaries or works for brass, copper, iron or steel Gas (illuminating or heating) manufacture Glue, size or gelatine manufacture Gunpowder manufacture or storage Lamp black manufacttl.re FIreworks or explosives manufacture or storage Lime, cement or plaster of paris manufacture Oil cloth or linoleum manufacture Oil, rubber or lea ther g )ods manufac ture Ore reduction I Paint, oil shellac, turpentine or varnish manufacture Paper or pulp manufacture Petroleum refining or storage Planing mill or saw mill Potash works Printing ink manufacture Pyrexylin manufacture or the manufacture of articles therefrom Residence dwellings Round Hluse Rock crusher Rolling mill Rubber, Caoutshouc or gutta percha manufacture or treatment Salt works Shoe blacking manufacture Smelters Soda and compoid manufacture Soap man ufacture Stock yards Stone mill or quarry Stove polish manufacture Tallow, grease or lard manufacture or refining Tanning, curing or storage of leather, rawhide or skins Tar distillation or manufacture Tar roofing or water proofing manufacture Wool pulling or scouring Yeast plant And in general those uses which have been declared a nuisance in any court of record or which may be noxious, or offensive gy reason of the emis- sion of odor, vapor, dust, smoke, gas or noise. Section 9. That Section V of said Ordinance Number 776 be, and the same is hereby I amended to read as follows: SECTION V. -- Classification and Uses and Use Regulations . For the purpose of classifying, regulating and restricting the location of trades and industries and the location of buildings designed for specif'ic uses, 'rhe City of Bozeman is hereby divided into seven (7) classes of Use Districts: 1) "Aft Residence District (Parts I, I I an d I I I ) 2) liB" Residence District (Parts I, II, III, IV and V) ~.~ "c" Residence District (Parts I and II) "n" Residence District 5) Business District (Parts I, II, III and IV) 6) Business-Residence District (Parts I an d I I ) 7) Industrial District (Parts I and II) Ordinance No. 792 419 as shown on the Use District Map on file in the office of the Clerk of the Ci ty Commission, marked "Use District Map, Zoning Ordinance," and by this reference, expressly made a part of this Ordinance, and Use Districts are hereby created in The City of Bozeman, Montana, as the same are designated on the said Use District Map. No building hsall be erected, altered or used and no premises shall be used for any purposes except in conformity with all the regulations herein prescribed for the use District in which such buildings or premises are locpted. The use permitted in C1s ss "An Residence District shall be the highest, and I the use permitted in the Industrial District shall be the lowest. Section 10. That all ordinances and Darts of Ordinances inconflict with this Ordi- nance be, and the same are hereby repealed. Section II. This Ordinance was presented for consideration at a regular meeting of the City Commission held on the 1st day of Augu3t, 1956, and after such consideration and in compliance with Section XIX of said Ordinance No. 776, "The Zoning Ordinance" relating to changes and amendments thereof, was duly passed and adopted by the unanimous vote of the City Commission on the said 1st day of August, 1956. Passed and adopted by the unanimous vote of the City Commission in regular session assembled this 1st day of August, 1956. r ',. ~/ Attest: ~I . ja?;~{#J6~\ ~~iSSion Mayor State of Montana ) ) ss County of Gallatin ) I I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Ordinance No. 192 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said city, in the issue of August 3rd, 1956, and proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my of'fice this 4th day of August, 1956. ~ Cler 0 the Commission I Ordinance No. 792