HomeMy WebLinkAboutOrdinance 56- 792, Amends Ordinance 776 (2)
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ORDINANCE NO. 792 ~ "nl.-It~
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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
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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