HomeMy WebLinkAboutOrdinance 55- 787, Amends Ordinance 776
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~ '...-. ~,,_J?RDINANCE NO. 787 u_~_
~ AN ORDINANCE AMENDING SECTION VIII OF ORDINANCE NUMBER 776 OF THE CITY OF BOZEMAN,
.- ! ~ 'THE SSOR TITLE OF WHICH IS "THE ZONING ORDINANCE", SO AS TO ALTER THE BOUNDARIES
~ ~~ OF" An RESIDENCE DISTRICT: AMENDING SECTION IX OF SA ID ORDINANCE NUMBER 776 SO AS
TO ALTER THE BOUNDARIES OF "B" RESIDENCE DISTRICT: AMENDING SEC'rION XII OF SAID
~ ORDINANCE NtJMBER 776 SO AS TO ALTER THE BOUNDARIES OF THE BUSINESS DISTRICT; AMEND-
k 1'< ING SECTION XV, SUBSEC'rION A-1!3 OF SAID ORDINANCE _ NUMBER 776 SO AS TO CHANGE THE
~ ~ .. SIDE YARD REQUIREMENT THEREIN REQUIRED; AMENDING SECTION XV, SUBSECTION E, PART
. ~ .l:l II, 3-g OF SAID ORDINA.NCE NUMBER 776 SO AS TO SUBSTITUTE CO'I"rAGE COURTS OR TRAILER
~ ~ _ COURTS THEREFOR; AMENDING SECTION XV, STmSEGTION ~, PART II~ 4 OF SAID ORDINANCE I
~ 'J NUMBER 776 SO AS 'ro CHANGE THE FIRE RESISTANT RATING THEREIN REQUIRED; AMENDING
"I S' ~ SECTION XV. SUBSECTI)N E. PART III OF SAID ORDINANCE NUl.IBER '76 SO AS 'fO ELEIMIATE
~ ~~. 'rHE FIRE RESISTANT RATING REQUIREMENT THEREIN; AMENDING SECTION XVI OF SAID OR-
~ ;:~.~ DINANCE NUMBER 776 SO AS TO CHANGE THE 'rITLE 'rHEREOF' TO "GENERAL PROVISIONS" AND
SO AS TO ADD THERETO REQ.UIREMEN'rS AS TO YARD ENCROACHMEN'l'S, ENCLOSURE OF OUTSIDE
S'rORAGE AND OF'F'-S'rREET P ARKING ~
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 Zoning Or-
dinance", has recommended to The City Commission of The City of Bozeman that certain changes
in and additions to the provisions of nThe Zoning Ordinance" be made as are hereinafter
mJre particularly described; and
WHEREAS, The City Commission has duly considered such recommendation and after such
consideration has decided to adopt and give effect to the same.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF T~1E CITY OF BOZEMAN:
Section 1. That Section VIII of Ordinance NQ. 77b be, and the same is hereby amended
to reed as follows:
SECTION VIII. BOUNDARIES OF "A" RESIDENCE DISTRICT. The "A" Residence District shall
embrace three parts as follows:
Part 1. Beginning at the point of intersection of the center lines of West I
Oli ve Street and South }'ourth Avenue, thence Easterly alo~)g the center line of West
Olive Street to a point on the center line of South Willson Avenue; thence Souther-
ly along the center line of South Willson Avenue to a point 100 feet South of the
South line of West Olive Street; thence Easterly 100 feet South of and parallel to
the South line of Olive Street to a point on the center line of alley between Tracy
Avenue and Black Avenue; thence Southerly along the center line of said alley to a
point on the South line of Dickerson Street produced; thence Westerly along the
South line of Dickerson Street produced to a point on the West line of Tracy Avenue;
thence continuing Westerly along the South line of Dickerson Street to the center
line of the alley between Tracy Avenue and Willson Avenue; thence Southerly along
the center line of said alley and the said center line produced, to a point midway
between College and Harrison Streets; thence Easterly along a line midway between
said College and Harrison Streets to a point on the center line of alley between
Tracy Avenue and Black Avenue; thence Southerly along the center line of alley be-
tween Tracy Avenue and Black to a point on the center line of Harrison Street; thence
Westerly along the center line of Harrison Street to a point on the East line of
Tracy Avenue; thence Southerly and SO'lthwesterly along the East line of Tracy Avenue
to a piliint of intersection with the South line of Garfield Street, said point being
at-so the Northeast corner of' theECK Addition to .'rhe City of Bozeman; thence South
8)30' West along the East bounda~y of the Eck Addition to the Southeast corner there-
of; thence West along the South Boundary of the Eck Addition to a point on the East
line of Block Fourteen (14), of the Butte Addition to The City of Bozeman; thence
Southerly along the East line of the Butte Addition to a point on the City Limits
along lincoln Street; thence West along the City Limits on Lincoln Street'to the
Northeast corner of the Thompson Addition; thence South 30017' West along the boun-
dary of the Thompson Addition to the Southeas t corner of said Ad di tion; thence
West along the South boundary of the Thompson Addition to the Southwest corner of
said addition; thence North 0002' West along the West boundB.ry of the Thompson Ad-
dition to the NOrthwest corner of said Addition, said point being located on the
City Limits along Lirtcoln Street; thence West on the City Limits along Lincoln Street
to a point on the center line of Sixth Avenue; thence Northerly along the center line I
of Sixth Avenue to a poi It on the center line of Harrison Street; thence Westerly
along the center line of Harrison Street to a point on the center line of Eighth
Avenue; thence Northerly along the center line of Eighth Avenue to a point midway
between the North line of HarrLsion Street and the South line of College Street;
thence Easterly along a line midway between said Harrison and College Streets to a
point on the center line of Fourth Avenue; thence Northerly along the c~nter line
of Fourth Avenue to the point of beginning.
Pant II. Beginning at the intersection of the North ~ity Limits with the center
line produced of the North and South alley in Block One (1 ) of the Royal Vista sub-l
division, said point being 190 feet West of the West line of North Seventh Avenue;
thence Southerly along the center line of the alley in Blocks One (1) and Two (2) ~f
said Subdivision to its point of intersecti.)n with the 00uth boundary of said Sub-
division; thence Westerly along the South boundlry of said Subdivision to the South-
west corner thereof; thence North 2015' East along the West boundary of said Sub-
" , " . .~., 397
'.l. ..,:~ '., .,
division to the Northwest corner of said Subdivision, said point being located on the North
City Limits; thence Easterly along tne NOrth City Limits to the point of beginning.
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 llne produced of the alley between Blocks "A" and "D" of;
the Marwyn Rearrangement; thence Easterly and Southerly along the said center line of alley
produced and the center line of alley between said Blocks "A" and "Dn to a point on the
South boundary line of the Marwyl'l Rearrangement; thence Easterly along the said South bound-
ary line to the Southeast corner of the Marwyn Rearrangement; thence North and North 32036'
I East along the East boundary line of the Marwyn Rearrangement to the Northeast corner of,
the Marwyn Rearrangement; thence Westerly along the NRrth boundary line of the Marwyn Re-
arrangement to the West line of Aylsworth Avenue; thence continuing Westerly along the cen-
ter line of East Babcock Street to the point of beginning.
Section 2. That Section IX of Ordinance No. 776 be, and the same is hereby amended
to read as follows:
SECTION IX. BOUNDARIES OF nBn RESIDENCE DISTRICT. The "B" Residence District shall
embrace three parts as follows:
Part I. Beginning at the point of intersection of the center line of Black Avenue
with the center line of Peach Street, thence Westerly along the center line of Peach Street
to the center line of North Third Avenue as existing North of Peach Street; thence Norther-
ly along the center line of Third Avenue to a point on the North City Limits; thence West-
erly along the~North City Limits to a point on the center line of North Fifth Avenue pro-
duced; thence uoutherly along the said center line produced and center line of North Fifth
Avenue to a point on the center line of Durston Road; thence Westerly along the center line
of Durston Road to a point on the center line produced of the alley between Fifth and Sixth
Avenues; thence southerly along the said center line produced and center line of the alley
between Fifth and Sixth Avenues to a point on the center line of Villard Street; t he nc e
Westerly along the center line of Villard Street to a point 370 feet East of the East line
of North Sevent Avenue;thence Southerly 370 feet East of and parallel to the East line of
Nerth Seventh Avenue to a point in the center line of the alley between Mendenhall and
Lanune Streets; thence Easterly along the center line of alley between Mendenhall and Lamme
Streets to a point on the center line of Black Avenue; thence Northerly along the center
line of Black Avenue to the point of beginning.
Part II. Beginning at the intersection of the center line of ~outh Firth Avenue with
the East and West center line produced, of Block "E" of story's Addition to the (;ity .f
I Bo zeman, thence Southerly along the center line of South }'ifth Avenue to a point on the
center line of Babcock street; thence Easterly along the center line of Babcock Street to a
point in the center line of South Fourth Avenue; thence Southerly along the center line
of Fourth Avenue to R point midway between the North line of Harrison Street and the South
line of College Street; thence Westerly along a line midway between said Harrison and
College streets to a point on the center line of Eighth Avenue; thence Northerly along the
center line of ~ighth Avenue to a point on thecenter line of College Street; thence Easter-
ly along the center line of College Street to a point on the center line of Seventh Avenue;
thence Northerly along the center line of Seventh Avenue to a point 105 feet North of the
North line of College Street; thence Westerly 105 feet North of and parallel to the North
line of College Street to a point on the center line of alley between Seventh and Eighth
Avenues; thence Northerly along the center line of alley between Seventh and Eighth Avenues
to a point on the center line of Alderson Street; thence Westerly along the center line of
Alderson Street to a point on the center line of Eighth Avenue; thence Southerly along
the center line of Eighth Avenue to a point 175 feet Southerly from the South line of Al-
derson Street; thence Westerly 175 feet Southerly from and parallel to the South line of
Alderson Street to a point on the center line of alley between Tenth and Elveenth Avenues;
thence Northerly along the center line of alley between Tenth and Eleventh Avenues to a
point on-the center line of Alderson Street; thence Westerly along the center line of
Alder30n Street to a point on the center line of Eleventh Avenue; thence Southerly along
the center line of Eleventh Avenue to a point on the center line of College Street; thence
Westerly along the center line of COllege Street to a point on the (;ity Limits ,)n Fifteenth
Avenue; thence Northerly along the City Limits on Fifteenth Avenue to the corner of the
City Limits located 91.5 feet Northerly from the North line of Curtiss Street; thence
Easterly along the City Limits 91.5 feet Northerly from and parallel to the North line of
Curtiss Street to its point of intersection with the ~ity Limits on the West line of
Eleventh Avenue; thence. Northerly aong the West City Limits to the Northwest corner of the
City Limits; thence Easterly along the North City Limits to the Northwest corner of the
Rpyal Vista Subdivision; thence South 2015' West along the West boundary of said Sub-
division to the Southwest corner thereof; thence Easterly along the South boundary of the
Royal ~ista Subdivision to a point ~90 feet West of the West line of North Seventh Avenue;
I thence Southerly 490 feet West of and parallel to the West line of North Seventh Avenue
to apoint on the center line of West Mendenhall Street; thence Westerly along the center
line of West Mendenhall Street to a point on the center line of North Ninth Avenue: thence
Southerly along the center line of North Ninth Avenue to a point on the center line of
West Main Street; thence Westerly along the center line of West Main Street to a point
on the center line of South Ninth Avenue; thence Southerly along the center line of South
Ninth Avenue to a point on the center line of Block nG" of Story'sAddition; thence Easterly
along the Center line of Blocks "G" and "F" of Story's Addition to a point in the center
line of Eighth Avenue; thence Southerly along the center line of Eighth Avenue to a point
on the center line of Babcock Street; thence Easterly along the center line of Babcock
Street to a point on the center line of Seventh Avenue; thence Northerly along the center
line of Seventh Avenue to a point on the East and West center linf of Block "E" of Story's
Addition produced; thence Easterly along said center line of Block "E" produced and the
center line of Block "E" to the point of beginning.
Ordinance No. 787
398
Part III. Beginning at a point on the center line of South Black Avenue located 100
feet South of the South line of Olive Street, thence Westerly 100 feet South of and par-
allel to the South line of Olive street to a point on the center lire of alley between
Black and Tracy Avenues;thence Southerly along the center line of said alley to a point
on the South line of Dickerson Street produced; thence Westerly along the South line of
Dickerson Street produced to a point on the West line of Tracy Avenue; thence continuing
Westerly along the South line of Dickerson Street to the center line of the alley between
Tracy Avenue and Willson Avenue; thence Southerly along the center line of said alley and
the said center line produced, to a point midway between College and Harrison Streets;
thence Easterly along a line midway between said College and Harrison Streets to a poin~
on the center line of alley between Tracy Avenue and Black Avenue; thence Southerly along I
the center line of alley between Tracy Avenue and Black Avenue to a point on the center
line of Harrison Street; thence Westerly along the center line of Harrison Street to a
poInt on the East line of Tracy Avenue; thence Southerly along the East line of Tracy
Avenue to a poi'1.t 1.50 feet South of the South line of Harrison Street; thence Easterly
150 feet South of and parallel to the South line of Harrison Street to a point on the
center line of Black Avenue; thence Northerly along the center line of Black Avenue to
the point of beginning.
Section 3. That Se<<tion XII of Ordinance No. 776 be, and the same is hereby amended to
read as follows:
SECTION XII. BOUNDARIES OF BUSINESS DISTRICT. The Business District shall embrace
three parts as follows:
Part I. Beginning at the intersection of the center line of Lamme Street and Wallace
A venue; thence Southerly along the center line of Wallace Avenue to a point on the center
line of Babcock Street; thence Westerly along the center line of Babcock Street to a point
on the center line of Church Avenue; thence Southerly along the center line of Church
Avenue to a point on the center line of Olive Street; thence Westerly along the center
line of Olive street ~ a point on the cneter line of Black Avenue; thence ~outherly along
the'center line of Black Avenue to a point 100 feet South of the South line of Olive Street;
thence Westerly 100 feet South of and parallel to the South line of Olive Street to a
point on the center line of Willson Avenue; thence Northerly along the center line of Will-
son Avenue to a point on the center line of Oltve street; thence Westerly along the center
line of Olive street to a point on the center line of Fourth Avenue; thence Northerly along
the center line of Fourth Avenue to a point on the center line of Babcock Street; the nc e
Westerly along the center line of Babcock Street to a point on the center line of Fifth
Avenue; thence Northerly along the center line of Fifth Avenue to a point on the center
line produced of Block "E" of Story's Addition to The City of Bozeman;thpnce Westerly
along said center lirE produced and the center line of said Block "En to a point on the
center line of Seventh Avenue; thence ~outherly along the center line of Seventh Avenue I
to a point on the center line of Babcock Street; thence Westerly along the center line of
Babcock Street to a point on the center line of Eighth Avenue; thence Northerly along the
center line of Eighth Avenue to a point on the East and West center line produced of
Block "F" of said Story's Addition; thence Westerly along the center line produced of said
Block "F" and the center lines of Blocks ifF" and "a" of Story's Addition to a point on
the center line of South Ninth Avenue; thence Northerly along the center line of South
Ninth Avenue to a point on the center line of West Main Street; thence Easterly along
the center line of West Main Street to a point on the center line of North Ninth Avenue;
thence Northerly along the centerline of North Ninth Avenue to a point on the center line
of Mendenhall Street; thence Easterly along the center line of Mendenhall Street to its
point of intersection with a line 490 feet'West of and parallel to the West line of North
Seventh Avenue; thence Northerly 490 feet West of and parallel to the West line of North
Seventh Avenue to a point on the center line produced of the East 6nd West alley in Block
"E" of 'rracy's Second Addition to The City of Bozeman; thence Easterly along said center
line produced of the East and West alley in Blocle "EIt to a point on the center line of
the Eest and West alley in said Block "E" located at the East line of North Seventh Avenue;
thence Easterly along the center line of alley between Mendenhall and Lamme Streets to its
point t)f intersection with a line 56 feet West of and parallel to the West line of Wallace
Avenue; thence Northerly 56 feet West of and parallel to the West line of Wallace Avenue
to a point on the center line of L~nme street; thence Easterly along the center line of
Lamme Street to the point of beginning.
Part II. Beginning at the intersection of the center lines of Seventh Avenue and
College Street; thence Northerly along the center line of Seventh Avenue to a point 105
feet North of the North line of College Street; thence Westerly 105 feet North of and
parallel to the North line of College Street to a point on the center line of alley between
Seventh and Eighth Avenues; thence Northerly along the center line of alley between Seventh
and Eighth Avenues to a point on the center line of Alderson Street; thence Westerly along
the center line of Alderson Street to a point on the center line of Eighth Avenue; thence
Southerly along the center line of Eighth Avenue to a point 175 Peet South of the South
line of Alderson Street; thence Westerly 175 feet South of and parallel to the South line I
of Alderson Street to a point on the center line of alley between Tenth and Eleventh Ave-
nues; thence Northerly along the center line of alley between Tenth and Eleventh Avenues
to a point on the center line of Alderson Street; thence Westerly along the center line
of Alderson Street to a point on the center line of Eleventh Avenue; thence Southerly
along the center line of Eleventh Avenue to a point on the center line of COllege Street;
thence Easterly along the center line of College Street to the point of beginning.
Part III. Beginning at the intersection of the N0rth City Limits with the center line
produced of the North and South alley in Block One (1) of the Rual Vista Subdivision, sald
point being 190 feet West of the West line of North Seventh Avenue; thence Southerly along
the said center line produced and the center line of alley between Seventh and Eighth
Avenues to a point on the center line of Durston Road; thence Westerly along the center
line of Durston Road to a point on the West line produced of Tracy Twelve (12) of the
Durston Subdivision; thence Southerly along said West line produced, the west lines of
Ordinance No. 787
39!}
Tracts Twelve (12), Eleven (II), Ten (10), Nine (9), and Eight (8), of said Durston Sub-
division, and the West line produced of said Tracy Eight (8), to a point on the center
line of Villard Street; thence Westerly along the center line of Villard Street to ~oint
on the center line of Eighth Avenue; thence Southerly along the center line of Eighth
Avenue to a point on the center line produced of the East and West alley in Block "En of
Tracy's Second Addition to the City of BozemBn; thence Easterly along said center line
produced of the East and West alley in Block "E" to a point on the center line of the East
and West alley in said Block "E" located at the East line of North Seventh Avenue; thence
Easterly along the center line of alley between Mendenhall and Lamme Streets to a point
120 feet East of the East line of North Seventh Avenue; thence Northerly 120 feet East
of and parallel to the East line of North Seventh Avenue to a"point on the center line of
I Durston Road; thence Easterly along the center line of Durston Road to a point 19'7 feet
East of the East line of North Seventh Avenue; thence Northerly 197 feet East of and
parallel to the East line of North Seventh Avenue to a point on the North City Limits;
thence Westerly along the North City Limits to the point of beginning.
Section 4. That Section XV, Subsection A-o of Ordinance No. '776 be, and the same
is hereby amended to read as follows:
SECTION XV. RESTRICTIONS WITHIN DISTRICTS.
Subsection A. -- "A" Residence District
8. Buildings shall be so placed that there shall be a front yard (entirely un-
occupied by any building oP part thereof) having a depth of not less than 25
feet; a rear yard of not less than 2i) feet, and a side yard (entirely unoccupied
by any building or part thereof) on each side of every building. Such side
yard shall have a depth of not less than 8 feet. Provided that the side yard
on the street side line or corner lots shall be not less than IS feet in deoth.
(Provided further that one side yard of a one-story garage or other small ac-
cessory building may be reduqed in depth to 5 feet if such building is located
to the rear of an unoccupied 20 foot rear yard but on corner lots shall be not
less than 25 feet from the front street line and IS feet from the side street
line.) In blocks where buildings have already been erected having a front yard
less than 25 feet the depth:)f the front yard for any new building may be made
equal to the depth of the front yard of the nearest adjacent 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
f8et deep. The intention of these provisions as to side yards is that there
shall be a distanae~ of not less than 16 feet separating main buildings on the
lot "Width dimension" as ~Wldth Dimension" is deftned in Section IV of Ordinance
NO.776.
I Section 5. That Section XV, Subsection E, Part II 3-G, of Ordinance No. 776 be, and
the same is hereby amended to read as follows:
SECTION XV. -- RESTRICTIONS WITHIN DISTRICTS.
Subsection E. -- Business District
Part II
3.
g. Cottage Courts or trailer courts
Section 6. That Section XV, Subsection E, Part II, 4, of Ordinance No. 776 be, and
the same is hereby amended to read as follows:
SECTION XV. -- RESTRICTIONS WITHIN DISTRICTS.
Subsection E. -- Business District
Part II.
LI. The City Commission of the City of Bozeman hereby reserves and retains the right
and privilege of denying a permit or city license to build, establish or oper-
ate any further types of classifications of businessesin this District which are
not sutable, in its discretion, for a small retail shopping District.
In Part II of the Business District buildings may be erected and built to the
property lines, provided tha,t the construction of exterior walls of such build-
I ings is of four hour fire resistant rating. All buildings with exterior walls
of less than four (4) hour fire resistant rating 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 7. That section XV, Subsection E, Part III, of Ordinance No. 776 be, and
the same is hereby amended to read as follows:
SECTION XV. ** Restrictions within Districts
Subsection E. -- Business District
Part III.
Ordinance No. 787
400
1. Any use permitted in Part I of the Business District, except as herein-
after provided.
2. The establishment and operation of the following businesses is prohibited
in and shall not be permitted in this District:
a. Dance halls
b. Any business where beer or liquor is sold provided, however, that
the sale and distribution of beer to ttE publ ic in original packages
for consumption off the premises of the seller shall be permitted.
In Part III. of the Business District all buildings shall be so placed that there
shall be a front yard and a rear yard of full lot width, entirely unoccupied by any build-
ing or structure or partfuereof and having respective depth of not less than ten (10) feet I
from the front and rear lot lines, provided that the requirement of front yards herein
made shall not apply to lots situate on the west side of North Seventh Avenue from Wuniper
Street north to the City Limits of the City of Bozeman. On the inside side of all lots
in Business District, Part III. there shall be and there is no required side yard.
In the construction of any building in the Business District satisfactory facilities
must be provided for loading and unloading stock of merchandise , etc., at the rear entrance.
It is the intent of this Ordinance that all parts of the Business District shll be used
for business operations and not for industrial muanufactring or processing business opera-
tions. Any building primarily used for any of the enumerated use,s in Ordinance No. 776,
Subsection E., Part. I, may have not more than forty per cent (40%) of the floor area de-
voted to industry or storage pruposes incidental to such primary uses; provided that not
more than five (5) employees shall be engaged at any ti~e on the premises Inany such in-
cidental use.
Section 8. Tha t Sect ion XVI of Ordinance Nl. 776 be, and the same is hereby amended
to read as follows:
SECTION XVI. -- General Provisions.
1. Reduction of side Yards. Where there is an existing building have front, side,
or rear yard smaller than is permitted for new buildings under this ordinance
and Ordinance No. 776, such front, side or rear yard may not be fUrther reduced;
nor, where there is an existing building having front, side or rear yard, larger
than required by this ordinance and Ordinance No. 776, may such front, side or
rear yard be reduced below what is required by this ordinance or Ordinance No.
776 for a new building of like character. Where the erection of any proposed
new building will hove the effect of reducing any front, side or rear yard of
an existing building below what is required by this ordinance and Ordinance No.
776 for a new building, permit for such new building shall be denied. I
2. Yard Encroachments. Every part of a required YHrd or court shall oe open and
unobstructed by any building or structure, from its lowest point upward, ex-
cept as follows:
aY Awnings, steps, belt course, cornices and eaves may project not more than
three feet (3' ) over or into any required yard or court.
b) Retaining walls, hedges and natural growth, fences, structures used orna-
mentally or for gardening or for private recreation purposes, and structures
for essential services, all accessory to and customarily incidental to the
principal use, are per'l ,ted in yards and courts, provided the t a 6 ide yard
strip five feet (.5') in width adjoining the side line of the lot shall beA-n-
obstructed by any structure or feature, except a fence, retaining wall or
hedge. No fence or closely grown hedge shall be more than six feet (6') in
height in any rear yard, or more than rive geet (5' ) in height in any side
yard or front yard, Walks, steps for negotiating ground slopes, paved ter-
races and paved areas shall not be considered as obstructions. Provided
further that no obstruction shall beallowed on residential corner lots in
the area of the ttiangle that is formed adjacent ~ the stroet intersection
by extending the base line of that triangle twenty-five feet (251-~ a long
the property line adjacent to one street and the altitude of that triangle
twenty-five feet (25') along the property line adjacent to the other street.
3. OUTISDE STORAGE, ENCLOSURE REQUIRED. All Junk dealers or other persons aCC1l..111U-
lating, disposing of or storing junk within the City of Bozeman, when said
accumulating deposit or storing thereof shall be without a building or not
within a building, either now stored, deposited or accumulated, or here-
after so deposited, stored or accumulated, shall enclose the lot or place
of deposit where said Junk is stored with a solid fence surrounding same,
at least five and one-half feet (5~') high, sufficient to enclose the said I
junk from public view from the outside of said enclosure.
The term "junk" as herein used shall mean any worn out, cast off, or
discarded article or material which is readyfor destruction or has been
collected or stored for wreckage, salvage or conversion to some use. Any
article or material which, unaltered or unchanged and without further re-
conditioning can be used for its original purpose as readily as when new
shall not be considered junk.
4. Off-Street Parking.
a) Off-street parking space shall be provided in connection with the ~ection or
increase by units or dimension of any building or structure in the following
amo unts :
Ordinance No. 787
401
I} For one-family to four-family dwellin8s, one parking space per
family dwelling unit.
2} For mulit-family dwellings of more than four units, parking spaces
equal in number to not less than sixty per cent (60%) of the number
of family dwelling units and in no case less than four.
3) For hotels, one parking space for each three guest or sleeping rooms
and suites.
4} For tourist homes, cabins, or motels, one parking space for each guest
or sleeping room or suite.
5} For trailer courts or ca~ps, one parking space for each trailer space.
6} For lodging, rooming and boarding houses, one parking space for each
I four guests.
7} For fraternities, one parking space for each four active members.
8} For general business, commercial and personal service establishments,
such parking facilities as the Building Inspector shall deem necessary.
Such a determination shall be made on the basis of the two most impor-
tant parking-generating elements, namely, the number of employees and
the number of business patrons.
9} For industrial or manufacturing establishments, one parking space for
each four employees, plus such additional parking space as shall be re-
quired for all vehicles used directly or indirectly in the conduct of
the enterprise.
, .
lO} For any and all uses or structures ro t spec ificS-Ily l%' ovided for in the
foregoing enumeration, such parking space as the Building Inspec tor shall
determine to be necessary considering all the parking-generating factors
involved.
o} Change in Requirements. Whenever, after the date of this ordinance, there
is a change in the number of employees or business visitors or in the lawful use of the
premises or in any other unit of measurement specified in any of the foregoing paragraphs
of this section, and whenever such change creates a need for an increase or decrease of more
than fifteen ( l5) per cent of the number of off-street parking spaces as determined by the
requirements of this section, more or less off-street parking facilities shall be provided
within a reasonable time on the basis of the adjusted needs, as determined by this section.
In case of unusual hardship arising out of the requirements of this paragraph, recourse
may be had to the Board of Adjustment, in the manner provided by law.
C} Mixed Uses. In the case of mixed uses, the parking facilities required shall
be the sum of the requirements for the various individual uses, computed separately in ac-
cordance with this subsection; parking facilities for one use shall not be considered as
providing the required parking facilities for any other use.
I d} Location of Facilities. Special purpose off-street parking facilities, to
the extent required ln this section may be provided either on the same lot or premises
with the ~arking generator or on any lot or premises a substantial protion of which at
least is 00 feet of such parking generator.
e} Design Standards.
I} Detailed plans of parking facilities shall be submitted to the Building
Inspector ID insure that there be appropriate means of vehicular access
to a street or&ley as well as maneuvering areas.
2} Said parking areas shall be properly surfaced, afford adequate drainage
and shall have bumper guards where needed.
3} Parking areas shall be used for parking only with no sales, dead storage,
4} repair work, dismantlin~ or servicing of any king.
If lighting is provided, it shall be arranged to reflect away from the
residential area, also fr)m any public street or highway.
f} Parking Lots in Residential Districts. l~en in its opinion the best interests
of the community will be served thereby, the Board of Adjustment may permit temporarily
or permanently the use of land in a Residence District for a parking lot where the land
aubts or is across the street from a District other than a Residence District, provided that:
1) The lot is to be used only for the parking of passenger automobiles or
employees, customers, or guests of the person or firm controlling and
operating the lot, who shall be responsible for its maintenance.
2} No charge is to be made for parking on the lot.
G~ ~he lot is not to be used for sales, repair, work or servlcing of any kind.
Entrance to and exit from the lot are to be located so as to do the least
harm to the Residence District.
g~ No advertising sign or material is to be located on the lot.
All parking is to be kept back of the setback building line by barrier
unless otherwise specifically authorized by the Board of Adjustment.
7) All lighting is to be arranged so that there will be no glare therefrom
I annoying to the occupants of adjoining property in a Residence District,
and the surface of the parking lot is to be smoothly graded, hard sur-
8} faced and ad~quately drained.
Such other conditions as may be deemed necessary by the Board of Adjust-
ment to protect the character of the Residential District.
5. Denial of Permits. Where it appears to the satisfaction of the permit issuing
authority that the erection of any new building will have the effect of nullify-
ing or evading by any means or devise whatsoever any part or provision of this
ordinance, permit for such new building shall be denied, subject to appeal to the
Adjustment Board by the denied applicant.
Section 9. That all Ordinances and parts of Ordinances in conflict with this Ordinance
be, and the same are hereby repealed.
Ordinance No. 787
402
Section 10. This Ordinance was presented for ccmsideration at a regular meeting
of the City Commission held on the 30th day of November, 19S5, and after such consideration
and in compliance with Section XIX of said Ordinance No. 776, "The Zoning Ordinance" rela-
ting to changes and amendments thereof, was duly passed and adopted by the City Commd1ssion
on the said 30th day of November, 1955.
Passed and adopted by the City Co~~ission in regular session assembled this 30th I
day of November, 1955.
Attest: -;7// ff L
p~
Clef'];{ of theCi ty Commission
, M"ayor
State of Montana }
) ..('fa
County of Gallatin_---}---
I, L. G. Shadoan, Clerk of the Commission of The City of Boo eman, dochereby certify
that the foregoing Ordinance No. 787 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 December 8th, 195.5, and that due proof of such publication is on file
in my office.
IN WITENSS WHEREOF I hereunto set my hand and affix the corporate seal of my office
this 9th day of December, 1955.
./~~
Clerk of the Commission
I
I
Ordinance No. 787