Loading...
HomeMy WebLinkAboutOrdinance 54- 776, Classifies, Regulates and Restricts Location of Trades and Industries, Etc., and Repeals Ordinance 711 as Amended by Ordinances 739, 753 and 764 e# Al8IId8d by Ordinance No. -1'Y>;7..57 35:3 ..;.,1 :~.*-t,<} l' j/:! .''''t,~~... ORDINANCE NO. 776 . . "'J ... d ,'.- . ," R_lad by Onftnan:e fie. I .- /"': flit, J J. . ..' / . ..-:,,~~,II"" 1 ,r " AN ORDINANCE CLASSIFYING, REGULATING AND RESTRICTING THE LOCATIONS OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIED USES: REGULATING AND LIMITING THE HEIGHT AND FLOOR AREA OF BUILDINGS HEREAFTER ERECTED OR ALTERED: REGULA'rING AND LIMITING THE INTENSITY OF THE USE OF LOT ARl<~S, AND REGULATING AND DETERMINING THE AREA OF YARDS, COURTS, I AND OTHER OPEN SPACES WITHIN AND SURROUNDING SUCH BUILDINGS: ESTA3LISHING DISTRICTS AND BOUNDARIES THEREOF FOR SAID PRUPOSES: AND PRESCRIBING PENAL'rIES FOR THE VIOLATING OF ITS PROVISIONS: AND REPEALING ORDINANCE NUMBERED'lll AS AMENDED BY ORDINANCES NUMBERED 739, 753 AND 764 OF THE CITY OF BOZEMAN. PREAMBLE WHEREAS: It is provided by the present Zoning Or~in.hce of The city of Bozeman, being Ordinance No. 7ll, Section XVlt, that the Board of Adjustment under said Ordinance "shall have the right and authority to recommend to the City Commission such changes in the district boundaries or regulations as it may deem necessary or desirable ...ft and the Board of Adjustment under such provision has made certain recommendations to the City Commissiori for sueh changes and the City Commission has duly considered the same, as well as other changes and modifications designed to make the Zoning Regulations more efficient, equitable and desireable and has accordingly determined upon certain changes and modifications after public hearing duly had as provided in Sections Nos. 11-2704 and 11-2705, Revised Codes of Montana, 1947, NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: SECTION I. -- Short Title , SHOR T TITLE:- This Ordinance may be referred to as "The Zoning Ordinance." SECTION II. -- Interpretation In their interpretation and application the provisions of this Ordinance shall be held to the minimum requirements adopted for the promation of the public health, safety and welfare. To protect the pUblic, among other .pt'upo.es, such provisions are intended to provide for adequate 11~ht, pure air, safety from fire and other danger, I undue concentration of population and ample parking facilities. SECTION III. -- Scope It is not intended by this Ordinance to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those spec~f~ca~ly repealed by this Ordinance, or with private restrictions placed upon property by covenant, deed or other private agreement, or with restrictive covenants rnnning with the land to which the City is a party. Where this Ordinance imposes a greater restriction upon land, buildings or structures than is imposed or required "by such existing prOVisions of law,dVOl~, contract or deed, the provisions of this Ordinance shall control. . SECTION IV. -- Definitions For the purpose of this ordinance, certain Derms and words are defined as follows: Words used in present tense include the future;' words in the stngular number include the plural number, and words in the plural number include the singular number; the masculine gender includes the feminine and neuter genders; and the word "building" incl udes the word ttstructure" and the word" lot" includes the words "plot" and "parcel"; "signature" includes mark when ~he person cannot write. The word "person" includes associations, partnerships, corporations, societies, religious, educational and fraternal organizations. Accessory Building: A subordinate building or portion of the main building which is located on the lot occupied by the mainbuilding, and the use of which is clearly incidental to the use of the main building. Alley: A public thoroughfare not more than twenty feet (20') wide, except if and when otherwise officially platted and designated an alley. I Block: The property fronting on one side of any street, avenue, or boulevard between the two nearest of any of the following: intersecting such street, avenue or boulevard, to-wit: street, avenue, boulevard, park, waterway, railroad rights-of-way. Boarding House: A building or premises where meals are served for compensation for five or more persons but not exceeding twenty (20) persons. Building: A building is a structure made for the use o~ convenience, and designed for the habitation of men, the shelter of animals or the storage of property, and includes shed, garage, stable, barn, greenhouse or other accessory structure. Corner Lot: A lot situated at the junction of and fronting on two or more streets, and having a width not greater than sixty-six (66)feet. Its width dimension is its ~front" and its depth dimension its "side" for the purposes of this ordinance. Where 354 there is doubt or dispute on this point the decision of the Building Inspector shall control. . , Depth of front yard: The mean horizontal distance between the front building line, at ground level, and the front lot line, open stops from building not included. Side yards: The distance from the outside of the side wall of a building to the side property lines on the "width" dimension of the lot as above defined. Depth of rear yardr The mean horizontal distance measured from the rear of the rear building line, at ground level, back toward the rear of the lot, that is the rear I yard shall in all cases be that part of the lot, directly opposite to the front yard. District: A section of ~e City of Bozeman for which the regulations governing the height, the area, or the use of buildings under this ordinance and premises are the same. Family: Any number of individuals living and cooking together on the premises as a single housekeeping unit. . Height of Building: The highest vertical distance measured from the average street level at any bounding wall of a building. Height of Court of Yard: The vertical distance from the lowest level of such court or yard to the highest point of any botmding wall. Hotel: A building or premises where lodginc; is pr'ovided, with or wi tho u.t meals for more thun twenty (20) persons. Interior or Inside Lot: A lot other than a corner lot. LodgIng House: A build-tng or premlseswhere ladc;inc; :t~3 lwovided f'or eomperl.~3aj~:LOYl for five or more persons but not exceeding twenty (20) persons. Lot: Land occupied or to be occupied by one building and accessory buildings and uses and including open spaces required under this ordinance. A lot may be land shown as such on the Ric)(~Yrds of the Cotmty Cl~rk and Recorder of Gallatin Connty, Montana. Lot Lines: The lines bounding a lot as a lot is defined herein. Non-conforming Use: A use of a building or premises that does. not conform with ~~~ of the u~e distrtct in which it is situated. Private garage: A private garage is one which is accessory to a building used for I private residential pnrposes, single family, multiple family, or apartment, as those terms are used and defined in this Ordinance. If it is a single family dwelling the garage may have a capacity of not more than three cars. If it is a multiple family dwelling for more than three families, or an apartment house, it may have a garage of not more than one car capacity for each family. Nobusiness of any kind or character shall be conducted or carried on in.a private garage. Public Garage: Any garage not included within the definition of a private garage. Side Yard: An open unoccupied space on the same lot with a building, between the building and either side line of the lot, extending through from the front building line to the rear yard, or to the rear line of the lot where no rear yard is requlred. Single Family Dwelling: A detached building having accommodations for and occupied by one family only. Multiple Family Dwelling: A building of not more than f9r (4) units under one roof, having two or more separate single rooms or sets of rooms or apartments for human occu- pation, each set having a separate entrance from the street or from the grounds on which the building is erect~d; and each separate living unit to be complete in itself, with separate cooking equipment, bathroom and toilet facilities. Apartment House: A building under one roof but divided into separated living accommodations of one or more rooms for human occupation; access to any such apartment being from a hall or corridor for the common use of two or more tenants, and the building having one or more entrances from t~e street or grounds for the common use of two br more, or all, tenants of the apartments, each apartment to be complete in itself and with cooking equipment and bathroom and toilet facllities. Motel: A group of attached or detached buildings containing individual sleeping I or living units, other than cottage courts, hotels or aparjrnent houses, which are de- signed and/or intended for temporary occupany from day to day by transients at a daily or weekly rate. Motel as here defined includes auto court, auto ca~p and tourist camp. Cottage Courts: A cottage court, (as distinguished from .an ttAutoCourt," "Auto Camp" or "Tourist Camp"~) is a group fff'separate one family or two or more family units designated and intended for permanent tenants at a weekly, monthly or yearly rental. Where permitted, Such Cottage Court single-family units shall be subject to the same floor~rea requirements as single-family dwellings, and two or more family units in such Cottage Courts shall be subject to the same floor area requirements as for multiple family dwellings in the same district. Ordinance No. 7~6 355 'l'railer Courts: A defined area in which space for the parking of trailers and utility and sanitary facility connections therefore are rented for temporary occupany and use. Where other definitions are necessary resort may be had to the current issue Uniform Building Code of the Pacific Coast Building Officials' Conference and Building Code or 0ndinance of The City of Bozeman. In all cases of doubt or dispute arising under this Ordinancet the decision of the Buiiliding Inspector of The City of Bozeman shall controlt suject to appeal to the Board of Adjustment. . I SECTION V. -- Classification and Uses and Use Regulations For the purpose of classifyingt/regulating and restricting the location of trades and industries and the location of buildings designed for specific usest The City of Bozeman is hereby divided into seven (7) classes of Use Districts: ., -.. 1) ~A~ Residence District (Parts I and II) 2) "B" Residence District (Parts I, lIt lIlt and IV) ~~ ~C~ Residence District (Parts I and II) ~" Residence District .5) Business District (Parts I, II and III) 6) Business-Residence Disbrict (Parts I and II) 7) Industrial District as shown on the Use District Map on file in the office of the Clerk of the City Commis- siont marked ~Use District Mapt Zoning Ordinancet~ andby this reference, expressly made a part of this Ordinancet and Use Districts are hereby created in The City of Bozemant Mont~naas the same are designated on the said Use District Map. No building shall be erectedt alteredt or usedt 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 located. The use permitted in Class "A" Residence District shall be the highestt and the used permitted in the Industrial District shall be the lowest. SECTION VI. -- Not Retroactive in Effect It is not the purpose or intent of this Ordinance to undertake a widespread or radical correction of undesirable conditions resulting from lack of regulation and control in the past, but to prevent subsequent development of such conditions. Hence, this Ordinance is to be construed3in its provisions as prospective only and buildings I and premises in non-permitted use at the time the first Zoning Ordinance (No. 661) took effect and have been in such use ever since are not affected by the use provisions of this Ordinance; providedt that when any building or premises in such non-permitted use cease to be so used or is vacated or closedt for a period of ninety (90) days continuously t they shall not again be so used and shall be subject to all applicable provisions of this Ordinance. SECTION VII. -- Division Into Districts. For the purposes of regulatingt claSSifying and restricting the location of tradest industries, enterprisest etc.t the location of buildings designedt erected or altered for specified usest and limiting the height and size of such buildings and the use of lot areas and determining the areas of yards and other open spaces surrounding buildings hereafter erected and preventing additions to, and alterations or remodeling oft exist- ing buildings or structures with the intent or effect of a~iding the restrictions and limitations of this Ordinance containedt The City of Bozeman is hereby divided into Districts as followst to-wit: SECTION VIII. -- Boundaries of "A" Residence District. The "A" Residence District shall embrace two parts as follows: PART I. . Beginning at the point of intersection of the center lines of West . Olive Street and South Fourth Avenuet thence Easterly along the center line of West Olive Street to a point on the center line of South Willson Avenue; thence Southerly 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 Tra.cy Avenue and Black Avenue~~n~ Southerly along the center line of said alley to a point on the south line of Dickerson Street produced; thence Westerly along the 80uth line of Dickerson Street produced to a point on the west line of Tracy Avenue; thence continuing I Westerly along the south line of Dickerson Street to tIle center line of the alley between mracy Avenue and Willson Avenue; thence Southerly along the center line of said alley and the said center line producedt 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 between Tracy Avenue and Black Avenue to a point on the center line of Harrison Street; thence Westerly along the center of Harrison Street to a point on the east line of Tracy Avenue; thence Southerly and southwesterly along the east line of Tracy Avenue to a point of intersection with the south line of ~arfield Streett said point being also the Northeast Corner of the Eck Ad4ition to The City of Bozeman; thence S a030'W along the east boundary of the Eck Addition to the Southeast Corner thereof; thence West along the south boundary of the Eck Addition to a point on the east line of Black Fourteen (14)t of the Butte Addition to The City off Ordinance No. 776 35{i B03eman; thence Southerly along the east line of the ButGe Addition to a point on the north line of Lincoln Street; thence West along the north line of Lincoln street to a point on the center line of Sixth Avenue; thence Northerly along the center line of Sixth 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 center line of Eighth Avenue; thence Northerly along the center line of Eighth Avenue to a point midway between the north line of Harrison 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 center line of Fourth Avenue to the point of beginning. I PART II.: Beginning at the intersection of the North City Limits with the center line produced of the N.)rth and South alley in Block One (1) of the Royal Vista Sub- 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) of said subdivision to its point of intersection with the South Boundary of said sub- division; thence Westerly along the South Boundary of said subdivision to the South- west Corner thereof; thence N 2015' E along the West Boundary of said subdivision to the Northwest Corner of said subdivision, said point being located on the North City Limits: thence Easterly along the North City Limits to the point of beginning. SECTION IX.. -- Boundaries of "B" Residence District The "B" Residence District shall embrace four parts as follows: PART I.: Beginning at the point of intersection of the center line of Black Avenue with thecenteY' 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 Northerly along the center line of Third Avenue to a point on the north city limits; thence Westerly along the north city limits to a point on the canter line of North Fifth Avenue produced; thence Southerly 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 said center line produced and center line or the alley between Fifth and Sixth Avenues to a point on the center line of Villard Street; thence Westerly along the center line of Villard Street to a point 370 feet East of the east line of North Seventh Avenue; thence Southerly 370 fe~East of and parallel to the east line of North Seventh Avenue to a point in the center line of the alley between Mendenhall and Lamme Streets; thence Easterly along the center line of alley between Mendenhall and Lamme Streets to a point on tpe center line of Black Avenue; thence Northerly along the center line of Black Avenue to the point of beginning.. I PART II.: Beginning at the intersection of the center line of ~uth Fifth Avenue with the eBst and west center line produced, of B~ock E of Story's Addition to the City of Bozeman, thence Southerly along the center line of South, Fifth 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 a 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 Eighth Avenue to a point on the center line of College Street; thence Easterly along the center line of College Street to a po:1nt on the center line of Seventh Avenue; thence Nortlerly 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 Alderson 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 Eleventh 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 a10ng 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 Westerly along the center line of Col~ge Street to a point on the City Limits on Fifteenth Avenue; thence Northerly along the City Limits on Fifteenth Avenue to the corner of the Ctty Limits located 91.5 feet Northerly from the north line of Cl~tiss Street; thence Easterly along the City Limits 91.5 feet Northerly from and parallel to the north line of C'.l.I'tiss Street to its point of intersection with the City Limits Line on the West line of Eleventh Avenue; thence Northerly along the City Limits on the west line of Eleventh Avenue and said west line produced, to its I point of intersection with the east and west center line of Block H of Story's Addition; thence Easterly along the center lines of Blocks H, G, and F of Story's Addition to a point on 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 line 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. . ~ 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 lOa feet South of and parallel to the south line of Olive Street to a point on the center line 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; Ordinance No. 'rt$6 357 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 J!tft'rI1t'6n streets to a point on the center line of alley between Tra-~y Avenue and .i3lack J\venue; thence Southerly along the center line of alley bet~een 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 point 150 feet South of the south line of I 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. PART -tV.: Beginning at the point of intersection of the westCity Limits line with the center line of alley produced, of the east and west alley between Main and MendenhallStreets, thence Easterly along said center line of alley produced and said center ,line of alley to its point of intersection with the center line of Ninth Avenue; thence ,Nortnerly along the center line of Ninth Avenue to a point on the center line of MendenhallStreet; 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 AV8nue to a point on the south boundary of the Royal Vista Sub- division; thence Westerly along the South boundary of the Royal Vista Subdivision; thence Westerly along the South boUndary of the Royal Vista Subdivision to the Southwest Corner thereof; thence I'2<>15'E along the West boundary of said subdivision to the NJrthwest Corner of said subdivision, said point being located on the North City Limits; thence Westerly along the North City Limits to the NJrthwest Corner of the City Limits; thence Southerly along the West City Limits to the point of beginning. SECTION X. -- Boundaries of "C" Residence District. The "c" Residence District shall embrace two parts as follows: PART I.: Beginning at the point of intersection of the center lines of Black Avenue and Lamme Street, thence Easterly along the center line of Lamne Street to a point on the center line pro,;uced of Perkins Place; tnence Northerly along the center line of Perkins Place to a point on the centerline of, Peach Street; thence Easterly along the center line of Peach Street to a point 150 feet East of the east line of Wallace Avenue; thence Southerly 150 feet East of and parallel to the east line of Wallace Avenue to a point on the center line of Lamme Street; thence Westerly along the center line of Lamme Street to a point 56 feet West of the West line of Wallace I Avenue; thence Southerly 56 feet West of and parallel to the West Line of Wallace Avenue to a point on the center line of the alley between Mendenhall and Lamme Streets; thence Westerly along the center line of alley between Mendenhalland Lamme Streets and said center line produced, to a point QR the c8nCar lino producod. 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 point of intersection of the center lines of Black Avenue and Oli.ve Street; thence Easterly along the center line of Olive Street to a point on the center of Church Avenue; thence Northerly along the center line of Church Avenue to a point on the center line of Babcock Street; thence Easterly along the cent~r line of Babcock Street to a point on the center line of the alley between Church Avenue and Wallace Avenue; thence Southerly along thecenter line of alley between Church Avenue and Wallace Avenue to a point on the south line of Koch Street produced; thence Westerly along the south line of Koch Street produced to a point on the center line of Church Avenue; thence Southerly along the center line of Church Avenue to a point on the City Limits; thence Westerly along the City Li.mits and the City Limits line produced, 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 XI. -- Boundaries of "n" Residence District. The "D" Residence District shall embrace one part as follows: PART I.: Begiining at the point of intersection of the center lines of Third Avenue and Tamar~ck Street. thence Easterly along the center line of Tamarack Street to a point on the center line of Rouse Avenue; thence Northerly along the center line of Rouse Avenue to a point on the center line of Juniper Street; thence Easterly along the center line of Juniper 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 Peach Street; thence Westerly along the center line of Peach Street to a point on the center line of Perkins Place; thence Southerly along the center line of Perkins Place to a I point on the center line of Lamme Street; thence Westerly along the center line of Lamme Street to a point on the center line of Black Avenue; thence Northerly along the center line of Black Avenue to a point on the center line of Peach Street; thence WSBtsBly along the center line of Peach Street to a point on the center line of North Third Avenue as existing north of Peach Street; thence Northerly along the center line of North Third Avenue to the point of beginning. SECTION XII. -- Boundaries of Business District The Business District shall embrace three parts as f~llows: PART I..: Beginning at the intersection of the center lines of Lamme Street and Wallace Avenue; thence Southerly along ~he center line of Wallace Avenue to a point on the center line of Babcock Street; thence Westerly along the center line of a Babcock Street ~o a point on the center line of Church Avenue; thence Southerly along the center line ~Olive Street; thence Westerly along the center line of Olive Street "Church Avenue to a point on the center lineeof Ordina:nce No. 776 358 to a point on the center line of Black Avenue; thence Southerly 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 Willson Avenue to a point on the center line of Olive 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; thence 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 I of Bozeman; thence Westerly along said center line produced and the center line of said Block E to a point on the center line of Seventh Avenue; thence Southerly along the center line of Seventh 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 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 lines of Blocks F, G, and H of said Story's Addition and said center lines produced, to a point on the City Limits; thence Northerly along the City Limits to a point on the center line produced of the east and west alley between Main and Mendenhall Streets; thence Easterly along said center line of alley produced and said center line of alley to its point of intersection with the center line of Ninth Avenue; thence Northerly along the center line of Ninth Avenue to a point on the center line of Mendenhall Street; thence Easterly alOne the center line of MendenhallStreet to its point of intersection ~ith a line 40 feet West of and par:allel . to the West line of North Seventh Avenue; thence Northerly 90 feet West of and parallel to the west line of North Seventh Avenue to a point on the center line produced of the east and west alley in Block E of Tracy's Second Addition to the City of 'Bozeman; 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 S~venth Avenue; thence Easterly along the center line of alley between Mendenhalland Lamme streets to its point of 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 Lamme 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 l05 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 I 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 South of the south line of Alderson street; thence Westerly 175 feet South of and parallel to the south line of Alderson Street to a point on the center line of alley betwee~ Tenth and Eleventh Avenues; thence Northerly v'/ 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. t Beginning at the intersection of the North City Limits with the center line produced of the north and south alley in Block One (I) of the Royal Vista Subdi vision, said 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 Tract Twelve (12) of the Durston Subdivision; thence Southerly along said West line produced, the west lines of Tracts Twelve (12), Eleven (II), Ten (lO), Nine (9), Eifht ($), of said Duvston Subdivision, and the west line produced of said Tract Eight 8), to a point on the center line of Villard Street; thence Westerly along the center line of Villard Street to a point 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 E of Tracy'S Second Addition to the City of Bozeman; thence Easterly along said center line produced of the east and west alley i'n Blibck E to a p'Jint on the center line of the east and west alley in said BlockE located at the East Line of North Seventh AVffiue; thence Easterly along the center line of alley between Mendenhall and Lamme Streets to a point 1?0 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 Durston Road; thence Easterly along the center line of Durston Road to a point 197 feet East I of the east line of North Seventh Avenue; thenceNortherly 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 XIII. ~- Boundaries of Business-Residence District , The Business-Residence District shall embrace two parts as follows: PART I.: Beginning at a point on the Narth City Limits located 197 feet East of east line of North Seventh Avenue4 thence Southerly 197 feet East of and parallel to the east line of North Seventh Avenue to a point on the center line of Durston Road; thence Westerly along the center line of Durston Road to a point located 120 feet East of the east line of North Seventg Avenue; Thence Southerly 120 feet East of and parallel to the east line of North Seventh Avenue to a point on the center line of alley between Mendenhall and Lamme Streets; thenceEasterly along the center Ordinance No. 776 359 line of alley between Mendenhall and Lamr1e Streets to a point 370 feet East of the east line of North Seventh Avenue; thence Northerly 370 teet East of and parallel to the east line of North Seventh Avenue to a point on the center line of Villard Street; thence Easterly along the center line of Villard St,reet to the center line of the alley between Fifth and Sixth Avenues; thence Norther11 along the center line of alley between Fifth and Sixth Avenues and said alley center line produced, to-a point on the center line of Dl~ston Road; thence Easterly along the denter line of Durston Road to a point on the center line of Flfth Avenue; thence Northerly alongi~the center line of Fifth Avenue and said center line of Fifth Avenue produced, to a I point on the North C~ty Limits; thence Westerly along the North City Limits to the point of beginning. PART II.: Beginning at the point of intersection of the center line of the North and south alley between Seventh and Eighth Avenues with the South Boundary of the Royal Vista Subdivision, thence Southerly along 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 Duoston Road to a point on the west line produced of Tract Twelve (12) of the Durston Subdivision; thenceSouther1y along said west line produced, the west 11ne~~ofj~ed~stTwe1ve (12), Eleven (II), Ten (10), Nine (9), Eight (8), of said Durston Subdivision, and the west line produced of said Tract Eight (8), to a point on the center line of Villard street; thence Westerly along the center line of Villard street to a point 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 E of Tracy's Second Ad&ition; thence Westerly along the center line produced of the east and west alley in said Block E to a point 490 feet West of the west line of North Seventh Avenue;: thence Nort;1.erly h90 feet west of and parallel to the West line of North Seventh Avenue to a point on the South Boundary of the Royal Vista Subdivision; thence Easterly along the South Boundary of the Royal/Subdivision to the point of beginning. I Vista ' SECTION XIV. --- Boundaries of Industrial District The Industrial District shal1embrace one part as follows; PART I.: 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 its point of intersection with the center line produced afFront Street; thence Southwesterly along the said center line produced and along the center line of Front Street, vacated and not vacated, to a point on the center line of McAdowAvenue;,thence Southerly along the center line of McAdow Avenue, vacated and not vacated, to a point on the center line of Main Street; thence Westerly along the center line of Main Street to I its point of intersection with the west line produced of Lindley Park; thence Southerly along said west line produced and along the west line of Lindley Park to a point on the northwesterly bank of Mill Canal; thence Southwesterly along the northwesterly bank of Mill Canal to a point on the center line of Story Street; thence Westerly along the center line of Story Street to.a point on the center line of Church Avenue; thence northerly along thte center line 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 center line of alley between Church and Wallace Avenues; thence Northerly along the center line of alley between Church and Wallace Avenues to a point qn the center line of Babcock Street; thence Easterly along the center line of Babcock Street to a point on the center line of Wallace Avenue; thence Northerly along the center line of Wallace Avenue to a point on the center line of L~e Street; thence Easterly along the center line of Lamme Streat to a point ISO feet East of the east line of Wallace Avenue; thence Northerly 150 f'~et east of and parallel to the east line of Wallace Avenue to a point on the center line of Peach Street; thence Westerly along the center line of Peach Street to a point on the center line of Church Street; thence Northerl] along the center line of Church Street to a point on the center line of Juniper S.....reet; thence West'Tly along.the center line of Juniper Street to a p,oint on the center line of Rouse Avenue; thence Northerly along the center line of Rouse Avenue to a point on the center line of Birch Street; thence Westerly along the center line of Birch Street to a point on the center line of Montana Street; thence Northerly along the center line of Montana Street to a point on the center line of Oak Street; thence Westerly along the center line of Oak Street 1057 feet; thence Northerly to the point of beginning. SECTION XV. -- Restritions ~lthin Districts In the "A" Residence Di ltrict, "Btt Residence District, "e" Residence District., "D" Residence District, Business District, Business Residence District, and Industrial District, respectively, except as hereinafter provided, no building or structure shall be erected or materially altered nor shall any building or premises be used, except I for one or more of the. uses set forth in the following applicable subsections; Subsection A. -- "~" Residence District . 1. Single Family Dwellings 2. ~,]\ti11 tiple family dwellings, provided that the area for each family shall be not less than the area requi~ed for single family residences as hereinafter speCified, but said area may be distributed between 2 floors. l: Schools and COlleges. Boarding and Rooming Houses limited in size to five rooms in addition to family quarters. S. Parks, Recreation buildings, and Clubs not conducted as a business operated for profit. 6. Private garages arid other small accessory buildings for customary incidental uses. 7. Vacant lots shall be used for gardening, tennis courts, playground and other . Ordinance No. 776 360 recreational facilities only and ahall be kept free of al] rubbish and/or garbage at ell times. Provided that other uses of vacant lots may be permitted by wri tten authority of tlle Director or Public Safety with the continuing consent of the owners of 80~ of the property within 300 feet of the lot or lots. 8. Buildings shall be so placed that there shall be a front yard (entirely unoccupied by any building or part thereof) having a depth of not less than 25 feet; a rear yard of not less than 20 feet, and a side yard ( entirely unoccupied by any bui~ding or part thereof) on each side of every building. I .: Such side yard shallhave a depth of not less than 8 feet. Provided that ~ the side yard on the street side line or corner lots shall ~e not lessthan >.Q, m~ 15 feet in depth. (Provided further that one side yard of a one story garage bOO> or other small accessory buildings may be reduced in depth to 5fee~.) In ~..G no case shal~ such detached garage be located within the front, rear or 'rl +> side yard, but on corner lots shall be not less than 25 feet from the front '0 '0 .-40$-0 .rl ~ \U street line and 15 feet Dram the side street line. In Blocks where buildings :3 >. have-already been erected having a front yard less-than 25 feet the depth ..0..-1 ~+> ~ :3 ~ of the front yar~f the nearest adjacent building. Provided th~t no front Cl> 0' 0 s:l O>~ yard sha11 have a depth of less than 15 feet and provided further that the >'Q) front yard for all buildings on corner lots shall be not lessthan 25 feet i'OO> mfi deep. The intention of these provisions as to side yards is that there shall L. be a distance of not less than 16 feet separating main buildings on the lot o Q) ~ .......00 "width dimension" as "w'idth Dimension" is defined in Section IV of this .. Ordinance. ,/ . 9. Each single family residence and/or other main building shall have a total floor area, under roof, of not less than 1000 square feet, 20% of which may be on a second floor above ground. Each 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 sHo.all have a total floor area of not less than 1000 square feet. 10. In order to assure satisfactory and healthful living conditions by' providing natural light and ventilation in sufficient volume, each habitable room or any room used for living quarters shall have a total glass area of not less than 10% of the floor area of the room and a total ventilating area of not less than 4% of the floor area of the room. - 11. No permanent dwelling shall be permitted in which the major portion of the height from floor to ceiling is below ground level, lIDless there is con- structed above the same a single family ornultiple dwelling as permitted by this section. Subsection B. -- "B" Residence District I 1. Any use permitted in "A" Residence District. 2. Apartment houses, hospitals limited to three stories above ground. l: Churches and other places used exclusively :for religious worShip. Libraries and Museums. 5. Institutions of an Educational, Philanthropic, or Eleemosynary nature. 6. Buildings shall be placed to provide the sam~ d~pths of front and side yards as are required in "A" Residence Districts. 7. Each single family residence and/or other main building shall have an area of not less than 700 square feet on the main floor. Each mUltiple family dwelling or apartment shallhave an area of not less than 700 square feetffor for each family, which may be distributed on two floors above ground. Each basement apartment shall have a total floor area of not less th@.n 700 square feet. 8. In order to assure satisfactory and healthful living conditions by providing natural light and ventilation in sufficient volume, each habitable room or any room used for living quarters shall have a total glass area of not less than 10~ of the floor area of the room and a total ventilating area of not less than lt~ of the floor area of the room. 9. No permanent dwelling shall be permitted in which the major portion of the height from floor to ceiling is below ground level, lIDless there is con~ structed above the same a single fa1ily or nultiple family dwelling as per- mitted by this section. Subsection C. -~ "C" Residence District 1. Any use permitted in "A" or "B" Residence Districts. :~ 2. Apartment houses or hotels. ~: Clubs, Hospitals Each single family dwelling or main building shall have a main floor area of not less than 550 square feet a~)OVe ground. Multiple family dwellings or apartment houses shall have a floor area of not less than 1100 square feet~ I which may be distributed between two floors above ground. Each basement 5. apartment shallhave a total floor area of not less than 550 square feet. In order to assure satisfactory and healthful living conditions by providing natural light and ventilation in sufficient volume, each habitable room or any room used for living quarters shall have a total glass area of not less than 10~ of the floor area of the room and a total ventilating area of not 6. less than 4~ of thet~oor area of the room. No perman~nt dwelling shall be permitted in which the major portion of the height from floor to ceiling is below ground level, unless there is constructed above the same a single family or multiple family dwelling as permitted By this section. . 7. Buildings shall be so placed as to provide the same depths of front, side and rear yards as are required in "A" Residence District. . Subsection D. -- "D" Residence District . 1. Any use permitted in "A", ItB" , or "C" Residence District. Ordinance No. 776 361 2. :Small work shops, horse barns, cow barns, dog kennels, rabbit pens, shall be allowed in "D" Residence District only. a: Vacant lots may be used .for pasturing livestock. Buildings shall be so placed that there shall be a front yard, entirely unoccupied by a building or part thereof, having a depth of not less than 20 feet, a side yard on each side of each building similarly unoccupied having a dept~ of not less than 8 feet and a rear yard of not less t~an 10 feet. provided,~hat the side yard on the street side of corner lots shall be not lessth 15 feet in depth. Prpvided further that one side I yard of a one story garage or other small accessory buildings may be. reduced in depth to feet. In any block where buildings have already been erected having a front yard less than 20 feet, the depth of the front yard for any new building mJY be made equal to the depth 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 on corner. lots shall be not less than 20 feet deep. The intention of those provisions as to "side'l yards is that there shall be a distance of not less than 16 feet separating main buildings on the lot ~width~ dimensions as "width~ is defined in Section IV of this Ordinance. 5. BUildings may be constructed of any size desired, provided they are of reasonable design and are built in a workmanlike manner and do not create .or tend to create a hazard to life or property. Subsection E. -- Business District PART I. 1. Any use permitted in "A", "Bit, "C" Residence Districts. 2. Amusement Places G.: Auction Rooms. Bakeries, employing not more than 8 persons. 5. Banks 6. Barber Shops 7. Battery Service Stations . 8. Billboards and Signs 9. Catering establishments 10. Coal, Coke, Lumber, Wood or Building Material Storage Yard 11. Comfort Stations 12. Conservatories l~. Creameries, employing not more than 8 persons 1 ~. Dancing Academies I 15. Dressmaking Esta.}lishments 16. Dyeing and Cleaning Works employing not more than five persons 17. Electric Repair shops 18. Employment Agencies 19. .Freight Stations or Bus Stations 20. Gasoline and Oil Stations 21. Hotels 22;' . Laundries, employing not more than five persons 2l. Laboratories 2 . Licensed establishments for the retail sale of beer and liquor 25. Locksmi th 3t.I:rgm 26. Lodge Halls 27. Mattress Repair Shops 28. Messenger or Telegraph Service Stations 29. Millinery Shops 30. Motels 31. Offj"ces 32. Painting and Decorating Shops 3e. Parking Lots 3 . Photograph Galleries 35. Plumbing Shops 36. Post Offices 37. Printing Shops 38. Public Garages e9. Recreation Buildings and Structures O. Restaurants 41. Roofing and Plastering Shops . 42. Sales or Show Rooms 4a. Sharpening or Grinding Shops 4 . stores and Shops for the conduct of a Retail Business 45. Shoe Repairing Shops 46. Studios I 47. Tailor Shops employing not more than five persons 48. Telephone Exchange 49. Tinsmithing Shops 50. Tire Repairing Shops 51. Undertaking Estab1ishments 52. Upholstering Shops 5~. Used Car Lots 5 . Any business use similar to or connected with any use above particularly specified. In Part I. of the Business District buildings on Main Street, Mendenhall Street, Babcock Street and on all avenues north of the South line of Babcock Street may be built to the street line. On all other streets and avenues in the Part I. of the 362 - Business District bUiihdin~s shall be so placed that there shall be a front yard of of full lot width, entire y unoccupied by any building or structure or part thereof, and having a depth of not ~ess than rifteen (15) feet from the front lot line_ PART II. 1. Any -use permitted in "A" or "B" 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 I in and shall not be permitted 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 g. Tourist or auto camps or 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 4. consumption off the premises of the seller shall be perlnitted. The City Commission of the City of Bozeman hereby re'serves 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 District which are not suitable, 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 that the construction of such buildings is of a four-hour fire resistant rating. All buildings of less than a four hall!' 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 streat side of corner lots, on the inside side-of corner lots and both sides of inside lots. , PART III. 1. Any use permitted in Part I. of the Business District, except as hereinafter provided 2. The establishment and operation of the following businesses is prohibited in and shall not be permitted in this District: a. Dance halls I b. Any business where beer or liqu.or is sold; provided, however, that the sale and distrIbution of beer to the public in original packages for consumption off the prem1ses of the seller shall be permitted. In Part rII. 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 ey any building or structure or part thereof and having respective depths of not less than ten (10) feet 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 Juniper S~reet 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 Part III. of the Business District all buildings shall be constructed @f a type of material of not less than four (4) hours fire resistant rating. ' In the construction of any building in the Business District satisfactory' facilities must be provided for loading and unloading stocks of merchandise, etc., at the rear entrance. It is the intent of thits Ordinance that all parts of the Business District shall be used for business operations and not for industrial, manufacturing or processing business operations. Any building primarily used for any of .the above enumerated uses may have not more than forty percent of the floor area 'evoted to industry or: storage purposes incidental to such primary uses; provided that not more than ,five employees shall be engaged at any time on the premises in any such incidental use. Subsection F. -- Business Residence Districts I. Any use permitted in "A", "B" or "e" Residence Districts or in the Business District except that no liquor, beer nor intoxicating beveraee of any kind I shall be sold or served in any business place nor shall any public dance hall be allowed; 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. 2. Tourist Camps, Auto Courts, Cottage Courts and Trailer Courts; provided, that before a permit may be issued for a Tourist Camp, Auto Court, Co'ttage Court or Trailer Court, plans and speclfications showing the extent and proposed general arrangement of such Camp or Court, or either, with special reference to provision for maintaining such Camp or Court, or ~ither, in a Ordinance No. 776 363 clean and sanitary condition and for the prevention of congestion or over-crowding, shall be submitted to the City Commission and by such Commission approved. 3. All buildings shall be so placed that there shall be a front yard having a depth of not less than 10 feet and side yard of a depth of not less than IO feet on the street side of corner lots; a side yard of not less than 6 feet on the inside of corner lots and both sides of inside lots; the side yard of a one-story detached garage shall be not less than 5 feet on inside lots and the inside side of corner lots; on the street side of corner lots the side yard width shall be not less I than 10 feet as to all structures, including garages. Such yards, front and side, shall be entirely unoccupied by any structure or building, the intention be.!. ng that there shall be an unoccupted space of not less than It:lfxteen (16) feet separating main buildings on the "width" dimension of the lot as "width" is defined in Section IV of this Ordinance. All .lots shall have a rear, or "back" yard the full width of the lot and of a depth not less than IO feet from the nearest outside wall of any building or structure to the rear lot line. These requirements shall not apply to buildings in tourist camps, auto courts, cottage cOl~ts or trailer courk~ where plans and specifi~ations for the same have been submitted to the City Commission and by it approved, as hereinabove required. Subsection G. -- Industrial District The Industrial District is created to provide a District for use ~or any manufacture, process, business or treatment whatsoever and no such use shall be excluded thenefrom which does not create or tend to create a public nuisance and/or an undue hazard to life and/or property. " It shall be the duty of the Director of Public Safety to determine i~ any , use or proposed use does or will tend to create such a public nuisance and/or. hazard. Any applicant or any other interested person may appeal to the Commission of the City of Bozeman from the decision of the nirector of Plwlic S~fety as to any use or proposed use, and the Commission Shall flnally decide the app~al after public hearing thereon, provided reasonafule notice of such hearing has been given by suitable publication. N 0 use permitted in any residence district or business district shall be excluded from the Industrial District. No building or premises shall be used and no building or structure shall be erected, enlarged or altered in any manner whatsoever for any trade, industry, or use not approved as herein provided. SECTION nI. -- Provisions Affecting All Districts. I Where there is an existing building having front, side or rear yard sma-lIeI' than is pjrmitted for new buildings under this ordinance, such front, side or rear yard may not be further reduced; nor, where there is an existing building having, front, side or rea.r yard, larger than req~lired by this ordinance, may such front, side or rear yard be reduced below what is required by this ordinance for a new building of ./ like character. Where the erection of any pr9posed new building will have the effect of reducing any front, side, or rear yard of an existing building below what is. "required by this ordinance for a new building, permit for such new building shall be denied. Where it appears to the satisfaction of the permit iSSUing authority that the erection of any new building will have the effect of nullifying or evading any means or devise whatsoever any part or provision of this ordinahce, permit for such new building shall be denied, subject to appeal to the Adjustment Board by the denied applicant. SECTION XVl1I-- Board of Adj ustment, Membership, Meetings, ApP9 als, Etc. Creation and Membership: The Board of Adjustment is hereby authorized to be established. The word "Board" when used in this section shall be construed to mean the Board of Adjustment. The said Board shall consist a~ five members appointed by the Mayor and subject to confirmation of the City Commission. Each of said members shall be appointed to hold office for a period of three years and until his successor is appointed and qualified. Any vacancy shall be filled by appointment by the Mayor, subject to confirmation by the City Commission, and shall be for the unexpired term of the retired member. All of the members of said Board shall serve without compen- sation, and they shall not be subject to removal by either the Mayor 0r the City Commission without cause. The members of said Board may be removed for cause by the Mayor upon written charges and after public hearing. Meetin~s: Meetings of the Board shall be held at the call of the Chairman and at such at er times as the Board may determine. SuchChairman or in his absence the . acting Chairman may administer oaths and compel the attendance of witnesses. All I meetings of the Board shall be open to the publ:l.c. The Board shall adopt its own rules of procedure and keep a record of its procedures showing the action 6f the Board and the vote of each member, upon each question considered, or if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and other official actions, all of which shall be a public record. Appeal: Appeal from the rulings of the BuildiNg Inspector concerning the enforcement of the provisions of this ordinance may be made to the Board of Adjustment by any person aggrieved or by any officer, department, board, or bureau of. the municipality within such time as shall be prescribed by the Board by general rule. The appellant shall rile with the Building Inspector and with the Board of Adjustment a notice of . Appeal speCifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed Ordinance No. 776 ... 364 from was taken. An appeal stays all proceedings in furtherance of action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall hav::e been filed with him that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or be a Court of Record on application or notice to the officer from whom the appeal is taken and on due cause shown. The Board shall fix a reasonalbe time for the hearing of the appeal, give public notice ther~of, as well as due notice to the parties in interest and decide I the same within a reasonable time. Upon the hearing any party may appear in person or by actorney. SECTION XVllt -- .Jurisdiction. 1. The Board shall, upon application, review the actions of the Bui~ding Inspector in order-to determine whether ~hey are in accordance with the provisions of this ordinance, and in case of disagreement the decision of the Board shall supercede that of the Building Inspector. The concurring vote of fOl~ (4) members of t~e Board shall be necessary to reverse any order, requirement, decision or to decide in favor of the applicant or to effect any variations in this ordinance. The Board of Adjustment shkll have the following powers: a. To hear and decide appeals where it is alleged there is error in order, requirement, decision or determination made by an administrative official in the enforcement of this Ordinance. b. . To hear and decide special exceptions to the terms of this Ordinance. c. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the pUblic interest, where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done. In exercising the above mentioned powers, such Board may in conformity with the provisions of this ordinance reverse or affirm wholly, or partly, or modify, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination aa ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. 2. The Board shall have the right and authority to reeommend to the City Commission such changes in the di~trict boundaries or regulations as it may deem necessary or desirable as more particularly set forth in Section XVII of this I Ordinance. 3. The Board may from time to time adopt such rules and regulations as it may deem necessary or desira)le as more particularly set forth in Section XVII of this Ordinance. 4. ,~~ The Board shall recommend to the City Commission the use, height, and area districts in 'fhich each part of any annexation to the City of Bozeman shall be placed. SECT ION XIXI. -- Changes and Amendments " The Board of Adjustment shall of its own motion, or upon petition signed by one or more property owners of any district or portion thereof, or upon instruction from the CIty Commissi~n, cause to be prepared a notice indicating the changes proposed to be made in the~ re lations or in the c1tstrict boundary lines, describing the boundaries -- of the territory to be effected. Such notice shall state the time and place of a public hearing for consideration of such proposed amendment, suoplement, or change, and the place where maps of the proposed amendment, supplement or change will be accessible for examination by interested parties. Notice of such public hearing shall be published at least 15 days in advance thereof in at least one daily newspaper of general circulation in the City of Bozeman, also pole notices shall be placed upon two or more poles in said district to be changed or effected. Such hearing may be adjourned from time to time. After such public hearing the Board of Appeals shall report to the City Commission on the proposed amendment,' supplement, or change, and may cause an ordinance authorizing such proposed amendment, supplement or change to be presented to the City Commission of the City of Bozeman but the same shall not pe offered for passage until after 10 days from and after the date it is so presented'- to the City Commission unless the said ordinance at the time it is so presented shall be accompanied by a communication from the said Board of Adjustment, advising that all of the owners of the frontage proposed. to be altered, the owners of the frontage immediately adjoining in the same block, the owners of frontage in the olock back of I or across"the alley therefrom, and the owners of the frontage directly opposite the frontage propsed to be altered, have filed with said Board their wrttten consent to such amendment, in which case the said amendment may be presented for passage at any regular meeting of the City Commission subsequent to the dste of its presentation or at the same meeting at which i"t' was presented byimanimous consent to suspend the rules, but the same shall not be passed except by the favorable vote of two-thirds of the members of the City Commission. Whenever under the terms of this ordinance any proposed amendment shall be required to layover for 10 days after it is presented and a written protest against such proposed amendment, supplement, or change signed by the owners of.20 percent o~ more either of the area of the lots included in such proposed change or of those immediately adjacent in the resrthereof extending 15o feet therefrom, or of those directly opposite thereof extending ISO feet from the Ordinance No. 776 .365 street front~ge of such opposite lots, shall have been filed with the Clerk of the Commission of the City of Bozeman within 10 days after said Ordinance is so presented, the ordinance providing for such proposed amendment, supplement or change shall not be passed except by the favorable vote of 3/4 of the members of the City Commission. SECTION XXIII. -- Completion of Bu~ldings Under Existing Permits. Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued I or complete plans for which are on file with the Building Inspector at the time of the passage of this Ordinance, and a permit for the erection of which is issued within one month of the passage of this ordinance, and the construction of which, in either case, shall have been diligently prosecuted within 6 months of the date of such permit, and which entire building shall have been completed according to plans as filed within one year from the date of the passage of this Ordinance. J SECTION XXI. -- Violation, Penalty, Enforcement. Any person who violates, disobeys, omits, neelects or refuses to comply with, or who resists the enforcement of, ani of the provisions of this ordinance shall, upon conviction be fined not less than 10.00 nor more than $100.00 for each offense and each day that a violation shall cont~nue shall constitute a separate offense. SECTION XXII-- Validity of Ordinance. All ordinances or parts of ordinances in conflict herewith are hereby repealed, but if any section, paragraph, subdivision, clause or provision of this ordinance shall be held invalid, such invalidity shall apply only to the section, paragraph, subdivision, clause of provision so held invalid, and the remainder of this ordinance shall be and remain in full force and effect. SECTION XXIII .-- Repeal and Saving Clause. Ordinance No. 711 as amended by Ordinances Nos. 739, 753 and 764 of The City of Bozeman, entitled flThe Zoning Ordinancefl which this Ordinance replaces, is hereby repealed. But this shall not be construed to revive in whole or in part Ordinance No. 735 heretofore repealed, nor to affect any action taken lmder or by virture of the provisions of said Ordinances Nos. 71l, 73.5, 739, 753, and 764 o~ of either or any of them while they, or either or any of them, were in force and effect. .... Finally 4assed and adopted by the Commission of The City of Bozeman this 2lst day I of July, 195 .. ~/L Mayor Attest: o(fi~p~~. Clerk of the Commission Published in the Bozeman Daily Chronicle ~~ ~ar ,1954. t/ - State of Montana ) ) sa County of Gallatin ) I, L. G. Shadoan, Clork of the Commission of The City of Bozeman do hereby certify that the foregoing Ordinance No. 776 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general cirnulation printed and publishe(j, in said City I in the issue of July 29th, 1954. IN WITNESS WHEREOF, I hereunto set my hand a~d affix the corporate seal of my office this 25th day of October, 1954. . d-f~-] -.. .) Clerk 0 the Ci ty Commission