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HomeMy WebLinkAboutOrdinance 35- 664, Regulates location of trades and industries and buildings 18 RemmJ~q bv Ordinance No..__....~ s ~, ~~\, s," 'fC~ , o\.,co 1_ ,-' ,,,..~ ~ \p, "'tl, v .f/',() ,/ <b>"J' 1\'/' 1.:.-..' l' ~/ , ".., ...\ ./ .' q - ,.... s ...... .~/' ./ ORDINANCE NO. 664 AN OHIHNANCE CLASSII'''YHJG, HEGULATING Mm HESTRICTING THE LOCA'l'IONS OF 'rRADES AND INDUS'l'HIES AND IrnE LOCA'l'ION OF BUILDINGS DESIGNED FOR SPECIFIED USES; REGULATING AIm LIMIrrINC;' TIm ImIGHT AND BULK OF' BUILD- INGS HEREAFTEH EREC'lIED OR AL'l'EHED; REGULA'I'ING AND 1,ILIITING 'rUE nrrEN- Sr'l'Y m' THE U2iE OF 1,0'1' AHEAS, AND IUWULA'l'rNG AND DE'I'ERr.1INING 'rI-lE AREA OF YAHDS, COUHTS AND OTHEH OPEN SPACES Vv'I'l'IIIN AND SUHHOUNDING SUCH BUILDINGS; ESTABLISHINC} 'I'HE BOUNDAHIES OR DISTRIcrrs FOR 'rIm SAID PUHPOSES; AND PHESCRlnnW PI::NAL'l'IES FOR THE VIOLA'l'ION OF ITS PROVISIONS; AnD Rl;;PEALING OHDINA'NCE NUtiBERED 661 OP 'r:F-m CI'I'Y OF' BO ZE~,~AN . Be it ordained by the Commission of the City of Bozeman, State of I\'lontana. SECrI'rON I. D:::FHJI'I'IONS. For the ~lrpose of this ordinance, certain terms and words are defined as follows: Words used in the present tense include the future; words in the sin~;uliir number include the plural number, and words in the plural number include the singular number; the word "buildingll includes the word "structure" and the word "lots" inclu.des the word f'plot". Accessory 3uildlng: A subordinate building or portion of the main building which is located on the lot of the main building;, and the use of which is clearly incidental to the use of the main building. Alley: A public thoroughfare not over twenty feet (20') wide. Block: 'rhe property fronting onone side of any street, avenue, or bOl),levard between the two nearest of any of the following; intersecting such street, avenue or boulevard, to-wit: street, avenue, boulevard, park, waterway, railroad rights-or-way.. Boarding House: A building or premis'''s vlhere meals are served for compensation for five or more persons but not exceeding twenty(20) persons. Building: A structure having a roof supported by columns or walls for the shelter. support or enclosure of persons, animals or chattels. Classification of Use Distrihts shall be as follows: 1. rlAr' Residence Districts. 2. "EY Residence Districts. 3. tlC" Residence Districts. 4. "Dlf Hesidence Districts. 5. r,lain Business Districts. 6. Business-Residential Districts. 7. Industrial Districts. rrhe use permitted in Class "A" Hesidence District shall be the hiGhest, and the use permi tted in the Industri'al District shall be the lowest. Corner Lot: A lot situate::l at the junction of and fronting on two or more streets, and having a width not greater than sixty-six (66) feet. Denth of Lot: The mean hor:tzontal distance between the front and rear lot lines. Depth of Hear Yard: 'rhe mean horizontal distance between the rear line of the building and the rear lot line. District: A section of the City of Bozeman for which the regulations governing the heiv-,ht, the area, or the use of buildings and premises are the same. I 1 I I I I f. :'.~:.~~~:;~:;>.~~(r~. ~ ., Li ;\:J: ~.'1 r~~ . ,. .., -, '"'' ~ "," .,. ~ .:.,: '.' i ~ ,:',~ '~~ _ I'. \ Family: Any number of individuals livinr; and cooking together on the nremises as a single housekeepinG unit. Height of Building: The vertical distance measured from the average street level at the building wall. Height of Court or Yard: rrhe vertical distance from the lowest level of such court or yard to the highest point of any bounding wall. JIotel: A bnilding or premises where lodging is pr''':vided, without or with meals, for more than twenty (20) persons. Interior Lot: A lot other than a corner lot. Lodging House: A building or premises where lodginr; is provided for comnensation for five or more persons b1tt not exceeding twenty (20) persons. Lot: Land occupied or to be occupied, by one buildine: and accessory buildings and 11 ses and includin['; open spaces required under this ordinance. A lot may be land so recorded on the Records of the Recorder of Deeds of Galla tin County, 1.ion tana. Lot Lines: The lines boundin,~ a lot as defined herein. Non-conforming Use: A use of a building or premise that does not conform with the regulations of the use district in which it is situated. Private Garage: A garage in which no business, service, or indl1stry connectecl directly or indirectly with motor vehicles is carried on. Public Garage: Any r;aral'.'e not included wi thin the defini t:i. on of a Pri va te Garage. Side Yard: An ODen unoccupied space on the same l:,t with a buildinr; between the build:ln.u: and the side line of the lot extending throu,'~h from the front buildinc; line to the rear yard or to the rear line of the lot, where no rear yard is reqlJired. Single Family Dwelling: A detached buildinG having acco~~odations for and occupied by ono family only, and a private garage with living quarters therein. Uultiple Family Dwelling: A building desicned for, or occunied as the home of, two or more families living independently of each other. SECTION II -- US:::: ltEGULA'rIONS. 1. Use Districts: For the purpose of classifyirt~, regulating and restricting the location of trades and industries and the location of trades and industries and the location of buildinC;s designed for specifid uses, the C.i.ty of 'Jozeman is hereby divided into seven (7) classes of Use Districts: 1. "A" Hesidence Districts. 2. "1311 Residence Districts. 3. "C" Hesidel1ce Districts. 4. "D" Hesldence Dis tricts. 5. Main Business Distr:i.cts. 6. Busines3-Residential Districts. 7. Industrial ,District. as shown on the Use District Map attached hereto and expressly made a part of this orc1ina:n ce, and Use Dis tri c ts are hereby creG.. ted in the City of Eozeman, :',:on tana, as the S!3J:1e are designated on the Use District Map hereto attached. 1;0 1-:uildlng shall be erected, altered, or used, and no premises shall be used for any purposes except in conformity with all the regulations herein prescribed for the Use District in w1-:ieh such build1Yl[;s or prernises are located. -Ordinance No. 664- 19 20 SEcrr:\G:i\j III -- lW'l' HETnOACrrIVE IH l':Ji'FEc'r. ....,............~. It is not tho purpose of this OrdinQnce to undertake a wide spread correction of undesireable conditions resulting from lack of proper control in the past. It is the pur;)ose to prevent f\lture development of such condi tions. It is therefore provided that tho provisions of this Ordinance as to uses of buildinGS, structl:res, or premL30s sh8.11 not 'he constr-ued to prevent the continued nse of existing bld,lding~;, for other uses than those herein perrnltted during the reasonable l:t~e of said buildings. Provided that any b1..Jilding or s true ture dan18.gec1 more than 50% by fire shall not be repaired, altered or used except as herein provided for now b"llildlngs or s tructul'cs. SECTION IV -- DIVISION INTO DISTRICTS. For the purposes of regulating, classifying and restricting the location of trades, industries, enterprises, etc., and the location of buildin,';s designed, erected or altered for speci.f:i.ed 118e8, and limiting the height and size of such buildin;-",s and the use of lot areas and determining the areas of yards and other open spaces surrounding buildings hereafter erected, and preventing addit~ons to, and alterations or remodeling of, existing buildings or structures with the intent or effect of avoidin,"; the restrictions and limi tations in this Ordinance contained, the Cit','! of Bozer:lan 1s hereby div:lded into Districts as follcvfs, to-wit: SECTION V -- BOUNDARI~S OP DISTTIrCTS. HAil HE,cHDENCE DIS'l'HICrl'. The boundaries of flAil Hes:l.dence District shall be as follows: Beginning at the noint of intersection of the s6uth line of Olive Street and the east line of Fourth Avenue, thence easterly along the south line of Olive Street to the west line of Willson Avenue, thence southerly/along the Vfest 11ne of / Willson Avenue 100 feet, thence easterly along a linG para:ilel to the south line , II of 01i'?e Street and distant 100 feet therefrom to 0. Doint in the west line of the alley between '.L'racy AvemJ.e and I3lflCk Avenue, thence sou,therly alonr~ the west line of said Alley to the point of intersection of said west line of said Alley with V V the south line of Dickerson Street produced, thence we;3terly along the said south line of Dickerson Street produced, to the west line of Tracy Avenue, thence westerly along the south linG of Diclmrson Street to the west line of the alley betvreen Trac:r Avenue and VJillson Avenue, thence southerly along said weGt line of said alley and said west lj,ne produced to the point of intersection of the south line of College Street with the west line of the alley between Tracy Avenue and Willson Avern1e, thence southerly along said west line of said alley and said line produced, to the city limits, thence southerly along the city linlits to a point midway between the south line of Cleveland Street prOdlJ,ced and the ';'orth line of Arthur Street prodlJ.ce~J, thence westerly to the sOi,';hcast corner of Lot 19, DlocT\: 19. Capi tol Hill Addi tion, thence southerly along a line parallel to the I east line of Sixth Avenue and clistant therefrom 143 feet to a point in the north lino of Garfield Street, thence westerly along said north line of Crarfield Street -Ordinance No. 664- I 1 ...~~'... "-; I I 1 I 21 to the east line of Sixth Avenue, thence northerly a10ng said east line of Sixth Avenue to the point of intersection of said line with the soutll line of the alley between Cleveland Street and Harrison Street, thence easterly along the south line of said alley to the point of intersection of said s01llth line produced with the east line of Fourth Aveml.e, thence northerly along said east line of Fourth Avenue l; to the point of beginning. "B" RESIDERCE DISTRICT. 'l'he "BlI Hosidence District shall embrace four Darts described as follows, to-vii t: Part 1. Beginning at the point of intersection of the ennt line of Third Avenve and the south line of Short Street, thence easterly along the/said south line of i Sb,ort Street to its intersection wi th the east line of the alley between Willson Avenue and Trac;T Avenue, thence northerly along said e'lst line of said alley to the sout~., line of Peach Street. thence easterl;r along so.id south line of Peach Street to the west line of '1Uac1c Avenue, thence southerly along said Vlost line of !.'l['~clc Avenue to its intersec tion wi t.h the north line of the alley!)etween Lamme Street and l\lendenhall Street, thence westerly along said north line of said alley to a point on said line midway between 'rracy Avenue and Willson Avenue, thence northerly on a line parallel to Willson Avenue to the north line of Peall Streut. thence westerly alonz said north line of RealI Street to the east line of Third Aven"e, thence northerly along the said wast line of 'l'hird Avenue to the point of' beginning. Part II. Beginninrr, at the point of intersection of the eas t line of Eir,h th Avenue and the south line of I.lendenhall Street, thence easterly aloTI:::; said south line of Mendenhall Street to the west line of Third Avenue, thence southerly along said west line of Third Avemle to the north line of Babcock Street, thence westerly alon,r; the said north line of Babcock Street to the point of intersection of said Dartt), line of Babcock Street wi th the west line proG.uced of Pourth Avenue, then ce southerly along said west line of Fourth Avenue to its intersection with the north line of the alley between Harrison Street and Cleveland Street, thence westerly alongd<-'- }i>'\.d.. line of said alley to its intersection vii th the we:3t line of Sixth Avenue, thence northerly along said west line of SixtlJ Avenue to the north line of Harrison Street, thence westerly along said north line to its intersection with the west line of Eighth Avenue, thence northerly along said vlest line of :Eighth Avenue to the north line of College Street. thence westerly along said north line of College Street to the east line of the alley between Eighth Avenue and Ninth Avenue, thence northerly along the ea13 t l:1.ne of said alle)' to the sout}) line of the alley between Babcock Street and Olive Street, thence easterly along the south line of said alley to the east line of Eighth Avenue., thence northerly along the eaf3t line of said Avenue to the south line of Babcock Street, thence easterly along said srnlth line of Babcock Street to a point 200 feet east of the east line of Seventh Avemle, thence northerly parallel to the east line of Seventh Avewle to the north line of Main Street, thence Vlesterly along said north line of Main Street to the v/est line of Eigllth Avenue, thence northerly along the east line of Eighth Avenue to the p::1nt of be=,;inning. -Ordinance No. 664- 22 PART III. Beginning at a point in the east line of the alley between Tracy Avenue and Black Avenue 100 feet smIth of the south line of Olive Street, ~~ence easterly along a line parallel to the south line of Olive Street to the west line of Black Avenue, thence son.therly along the west lire of Black Avenue to the City limits, thence following the city limits westerly, southerly, westerly, southerly and westerly to the point of intersection of the city limits and the east line, produced, of the alley between Tracy Avenue and Willson Avenue, thence northerly along the east line of said alley and otherwise to a point 150 feet west of the west line of Tracy Avenue in the south line of Dickerson Street, thence easterly along the south line of Dicker::;on Street and its projection to the east line of the alle:'T between Tracy Avenue and Black Avenue, thence northerly along the east line of said alley to the point of beginning. Part IV. Beginning at a point in the east line of the alley between Sixth Avenue and Ii'iftlJ Avenue 150 feet south of the souti~ line of Cleveland Street, thence east alone a line parallel to Cleveland Street to a point in the city limits 150 feet souttl of the south line of Cleveland Street, thence southerly along the line of the city limits to Lincoln Street, thence westerly alon~ the nortll line of f.incoln Street to the east line of Sixth Avenue, thence northerly alone: the east line of Sixth Avenue to the north line of Garfield Street, thence easterly along the north line of Garfield Street to the east line of the alley lying between Sixth Avenu.e and ~'''ifth ,1"-venue., thence northerly along the east line /Of said alley to the point of beginning. ItCrl RESIDENCE DIS'l'RICT. The I'C" Residence District shall embrace parts described as follows: Part I. Beginning at the point of intersection of the city limits with tho north line produced of the alley north of Main Street in Block 4, Sprin~brook Addition, thence easterly along said north line of said alley to the east line of 'renth Avemle, thence nortlJerly along said east line to the south line of Menden- hall Street, thence easterly alon~ said south line to the east line of Ninth Avenue, thence nortb,erly along said east line to the south line of ::2eall Street, thence easterly along said south line of Beall Street to a point midway between Willson Avenue and 'l'racy Avenue., thence southerly along a line parallel to the east line of Willson Avenue to the north line of the alley north of Mendenhall Street, thence wes terly along the north line of said alley to the wes t line of 1'hird Avenue, thence southerly alone the west line of 'rhird Avenue to the nortr\ line of Mendenhall Street, thence westerly along the north line of Mendenhall Street to the west line of' Eir;hth Avenue, thence southerly along the west line of Eighth Avenue to the north line of LIain Street, thence westerly along the north line of Main Street to the point of intersection of the west line of Ninth Avenue South producerJ with the north line of Main Street, thence southerly along said west line to a point in the west line of lJinth Avenue 145 feet south of the south line of Main Street, thence easterly along the south line of the alley in Blocks G and P, Story's Addi tion, to the west line of Bichth Avenue, thence southerl:;'" along the west line -Ordinance No. 664- I 1 I I I I of Eight:rl Avenue to the north line of the east and west alley in Bloclc 4, Park Addition, thence westerly along the north line of said alley 139 feet, thence south- erly alon~ the west line of the first alley west of Eighth Avenue to the nortll line of College Street, thonce v/esterly alonc; the north line of College Street to the east line of raeventh Avemle, thence northerly to the north line of roIain Street, thence northerly along/the line of the ci ty limits to the point of berttnning~ Part II. Beginning at the point of in tersec ti on of the 8as t line of p, la clc Avenue and the soUtl'l line of Lamme Street, thence eas terly along the south line of Lamme Street to the east line produced of Perklns Place, tr18nce northerly along said cast line to the south line of Peach Street, thence ea;3terly alonr; the south line of . Peach Street to a point 150 feet east of the east line of Wallace Avenue, thence southerly to a point in tl18 south line of Lamme Streot 150 feet east of the east line of Wallace Avenue, thence westerly along the south line of LamY:1.e Street to a point 56 feet wes t of the wes t line of Wallace Avenue, thence southerly to a pair. t in the north line of the alley in Block H, Rouse's Addition 56 feet west of the west line of Wallace Avenue, thence westerly to a point in the Vlest line of Black Avenue 150 feet south of the south line of Lamme Street, thence northerly along the east line of Blacl-r Avenue to the point of beginning. Part III. BeGinning at the point of intersection of the east line of Black Avenue and the south line of Olive Street, thence easterly along the south line of Olive Street to the east line of Church Avenu,e, thence northerly alon~ the east line of ChlJ,rch Avenue to the sou tb line of Babcock Street, thence eas terly along the south line of Babcock Street to the west line of the alley between Church Avenue and Wallace Avenue, thence 'Southerly along said Vlest Ilne of said alley to the point of intersection of the sOt1.th lin.e of Koch Street produced wi th the west line of said alley, thence westerly along the said line of Koch Street produced to the west Ij_ne of Church Aven1}e, thence southerly along the west line of Church Avenue to the ci ty limits, thence westerly along the city lirfuits to tho oast line of Dlncl: Avenue, produced, thence northerly along said east line of Black Avenlle to the point of beginning~ !t D II HES IDENCE DI STIU c'r . 'rhe !tDII ,Residence District shall embrace parts described as follows: \ Part I. Beginning at the point of intersection of the north lines of\Durston Road with the city limits, thence easterly along the north line of Durston Hoad to the eas t line of Third Avenue, thence northerly along tbe east line of 'rhird Avenue to the south line of 'ramarack'Street, thence easterly alor~g the south line of I: ,< 'ramarack Street to the east line of Rouse Avenue, thence northerly along the east line of House Avem;e to the south line of Juniper Street, thence easterly alonE", the south line of ,Tuniner Street to the east line of Church Avenue, thence sout!lerly along the east line of Church Avenue' to the north line of Peach Street, thence westerly alonG the north line of Peach Street to the point of intersection of tile west line produced of Perldns Alleys, thence southerly along said west line of Perkins -Ordinance No. 664- 23 24 v Alley to the north Ltne of Lannne Street, thence westerly along the north line of Lan-nne Street to the east line of Blacl<:: Avem1,e, thence nortberly along the east line of Black Avenue to the north line of Peach Street, thence westerly along the north line of Peach Stre8t and the north line of Durston Hoad to the 'v'lest line of the alley in Block 47, Imes Addition, thence southerly along a line parallel with the west line of 'l'racy Avenue to a point in the north line of Short Street 164 feet west of Tracy Avenlle, thence westerly on the north line of Short Street to the west line of Th:1.rd Avenue, thence southerly along the we~lt line of rllhird Avenue to the nortll line of Beall Street, thence westerly alene: the north line of Beall Street to the west line of Ninth Avenue, thence southerly along the west line of Ninth Avenue to the north line of !:Iendenhall Street, thence westerly along the north line of Mendenhall Street to ~e west line of Tenth Avenue, thence' southerly along the west line of 'Tenth Avenue to the nortJ-, line of the east and west alley in Block 4. Springbrook Addition, thence westerly along the north line of said alley to the city limits, thence northerly along the city limits to the point of beginning. DESCRlPTIOlT OF BUSINESS DIE3TRICT, Beginning at the point of ~ntersection of the east line of Third Avem:e and the SOUt!.1 line of the first alley north of Mendenhall Street, thence easterly along the south line of said alley to a point 56 feet west of the west line of Wallace Avenue, thence northerly alone a line parallel to and 56 feet distant from the west line of Wallace Avenue to the south line of Lamme Street, thence easterly along the south line of Lanrrne Street to the west line of Vlallace Avenue, thence southerly along the wes t line of Wallace Avenue to the nortl1 line of B,~Jbcocl: ~3 treet, thence vfesterly along the north line of Babcock Street to the west line of Church Avenue, thence southerly along the west line of Church Avenue to the north line of Olive Street, thence westerly along the north line of Olive Stroot to the west line of Blacl': Avenue, thence sou.therly along the we:::;t line of Bla.ck Avenue to a point 100 feet soUt]l of the south line of Olive Street, thence westerly along a line parallel to and 100 feet south from the south line of Olive Street to a point in the eas t 1 ine of Willson l~vel1ue, thence northerly along the, eas t line of Willson Avenue tm the north line of Olive Street, thence westerly along the north line of Olive Street to the east line of Fourth Avenue, thence northerly along the east line of Fou.rth Avenue to the south line of Babcocl{ Street, thence easterl~T along the sou.th line of Babcocl~ street to the ea:'; t l:Lne of 'r~'::.ird Avenue, thence nortllerly along the eas t line of 'l'hird Avenue to the point of bec;inn:~ng. 1 I BUSINESS-RESIDETTCE DISTIll {~'I'. Beginning at the point of intersection of the east line of Ninth Aven11e with the south line of Main Street, thence easterly along the south line of Main Street to anoint 200 feet east of the east line of Seventh Avemle, thence southerly alonG a line narallel and 200 feet distant from the east line of Seventh Avenue to the north line of Babcock Street, thence westerly along the north line of Babcock Streot to the east line of Elc;hth Avenue, thence northerly along the east line of I -Ordinance No. 664- i I 1 I Ei;2;hth Avenue to. the north line of the alley between Babcock Street and !;lain Street, thence westerly along the north line of said alley to the east line of Ninth Avenue, thence northerly along the east line of Ninth Avenue to the point of beginning. INI)USTHIAL DISTRICrl'. Bee;inning at a point in the city limits 1381 feet west of the west line of Rouse Avenue north, thence easterly alons the city limits to the west line of House Avenue, thence southeaster1-:T along the southwesterly side of Front Street vacated and not vacated, to the westerly side of IvlcAdow Avenue, thonce sOl.lther1y alcmg tllO west line o.f l.IcAdow Avenue to the north line of Main Street, thence we,:;terly alo.ng the north line af Main Street to the point of intersection af said nort:l line of Main Street with the west line of Lindley Park produced, thence southerly alonG said westerly line of Lindley ~ar];: to the point of intersectian wi th 1'.':ill Canal, thence along the said Mill Canal to Story Street thence westerly alonG the north line of Story Street to. the cant line of Church Avenue, thence northerly a1onro the eRst line af Church Avenue to the point of intersection of said east line of Church Avenue with the south line of Koch Street, produced, thence easterly along said SOllth line of Koch Street produ,ced to the point of its intersection wi th the ea;1t line of the north and sO'uth alley b'etween Church Avenue and Wallace Avenue, thence nortb.erly along the east line of said alle:T to. Babcock Street, thence easterly along the sauth line of I2abcock Street to the east line of Wallace Avenue, thence nortf"lerly alon.'~ the east line of Wallace Avenue to the so.u.th line of Lamme Street, thence easter17 along t~he south line of Lamme Street to a point 150 feet east of the ea,3t line of Wallace Avenue, then ce northerly along a line parallel to and 150 feet from the east line of Wo.l1ace Avenue to the no.rth lino of Peach Street, thence westerly alo.ng the north line of Peach Street to the east line of Church Avenue, thence northerly alon.:': the east line of Church/Avenue to the no.rth line of JuniDer Street, thence westerly along the north line 'of Juniper Street to the east line of Rouse Avenue, thence northerly along the ea:3t line of Rouse Avenue to the north line of Birch Street, thence westerly along the nortlJ line of Birch Streot to the east line of Montana Avenue, thence no:r'therly along the east line of Montana Avenue to the north line of Oal>;: Street, thence westerly along the north line of Oalc Street 1027 feet, thence northerly to th9point of ber;inninp;. SEC'I'ION VI HESTRIC'l'IONS \'lI'I'ITIN DISTHICTS. fI A" H::<;SIDENCE DISTHICT. In the "A" Residence District ey,cept as hereinafter pravided, no building or strJ1cture shall be erected or materially altered nor shall any building or premises be used, except for one or more of the following uses: (1) Single family dwellings. (2) Multiple family dwellinr;s, provided that the area for each single family shall be not less than the area required for sin~le family residences as hereinafter specified. (3) Schools and Colleges. (4) Boarding and Roominr; Houses limited in size to five rooms in addition to family qurters. -Ordinance No. 664- 25 26 (5) Parks, Recreation buildings, and Clubs not conducted as a bl.J..siness or operated for profit. (6) Private garages and other small accessory' buildings for customary incidental uses. (7) Vacant lots shall be used for gardening, tennis courts, playground and other recreational facilities, only, and shall be kept free of all rubbish and/or FT,arbage at all times. Provided thatot1:1er uses of vacant lots may be permitted by written authority of the Director of Public Safety with the continuinp; consent of the !' .. owners of 80j~ of the pro'perty wi thin 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) haYing a depth of not less than 25 feet, and a side yard (entirely unoccuDied by any building or part tbereof) on each side of every building. Such side yard shall have a depth of not less than 8 feet. Provided tlu~t the side yard on the street side of corner lots shall be not less than 15 feet in depth. Provided further that one side yard of a one story g;arar;e or other small accessory bllilcUngs may be redu.ced in depth to 5 feo t. In blocks where buildings have already been erected having a front yard less than 25 feet the depth of 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 buildinr-\s on corner lots shall be not less than 25 feet deep. (9) Each single family residence and/or other main building S11811 have a total floor area, under roof, of not less tban 1000 square feet. "'rotal floor area" is herein to be construed to mean the area of the first floor above ground plus 20% of the floor area of finished rooms on the second floor above ground. I liB" rm~nD:F:IlCE DIS'rRICT. In the "n" Hes:i_dence District except as hereinafter provided no building or structure shall be erected or mo..ter:iaJJy altered, nor shall any building or premises be used except for one or more of the following uses: (1) Any use per:;nitted in "A" Residence District. (2) Anartment Houses, hospitals limited to three stories above the ground. I' (3 ) (4 ) (5 ) Churches and rl'emples. Libraries and Musemns. Institutions of an ~duco..tiohal, Philanthropic, or Eleemosynary nature. ( 6) Tjuildings shall be placed to provide the same depths of front and side yards as are required :in "At! Hosidence District. ( '7) EaCh single family residence and/or other main building shall ]lave an area of not less than seven hundred wquare feet on b:le main floor. ( 8) The Director of Public Safety may in his discretion give written permission to l<:eep a family cow or poul try, for family use only, wi th the continuing consent of the owners of 80~'b of the property within 300 feet of the lot or lots upon which such cow or poultry is kept. "c" RESIDENCE DISTEIC'r. In the "Cll E.esidence District, except as herein proYided, no building or structl1.re shall be erected or materially altered nor shall any building or premises I be used except for one or more of tile following uses: (1) Any use permitted in "A" and "B" Residence Districts. (2) Apartment :t-Ious es or Hotels. (3) Clubs, Hoapitals. (4) Buildings shall be so placed as to provide the same depths of front and side yards as are required in the "A" Hesidence District. -Ordinance No. 664- ., I 'I I "D" RESIDENCE DISTRICT. In the "1)" Residence'District, except as hereinafter. provided, no building or structure shall be erected or materially altered, nor shall any building or premises be used except for one or ~ore of the followinp, uses: (1) Any use permitted in "All. "B", or "C" Residence Districts. (2) Small work shops, horse barns, cow barns, dog kennels, rabbit pens, shall be ,'1l10wed in "D1' Residence District, only. (3) Vacant lots may be used for pasturing livestock. (4) Buildinrs shall be so placed that there shall be a front yard, entire~ unoccunied by a building or part thereof, having a depth of not less than 20 feet and a side yard on each side of each building similarly unoccupied having a depth of not less than e feet. Providing that the side yard on the street side of corner lots shall be not less than 15 feet in depth. Provided further that one side yard of a one story garage or other small accessory buildinp;s may 'be reduced in depth to 5 feet. In any block where buildings have already been erected having n front yard less than 20 feet, the depth of 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 on corner lots shall be not less than 20 feet deep. (5) Buildincts may be constructed of any size desired, provided they are of reasonable design and are built in a worlnnanlike manner and do not create or tend to create a hazard to life or property, l!lAIN BUSINESS DISTHICT. Except as herein provided, no building or structure shall be erected or materially altered nor shall any building or premises be used except for one or nlore of the following uses: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12_ 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. Any use permitted in Residence Districts. Amusement Places. Auction Rooms. Balceries, employing not more than 8 persons. Banks. Barber Shops. Battery Service Stations. Billboards and Signs. Caterinr, Establishments. Coal, Coke, Lumber, Wood or Building Material Storage Yard. Comfort Stations. Conservatories .. Creamerles employing not more than 8 persons. Dancing Academies. DressmaldnfJ; Establishments. Dyeing and Cleaning Worlcs, emnloying not ''''ore than fi VB persons. Electric Repair Shops. Employment Agencies. l'i'reight Stations or Bus Stations. Gasoline and Oil Stations. Hotels. Laundries employing not more than five persons. Laboratories. Locksmith shops. Lodge Ilalls. Messenger or Telegranh Service Stations. Millinerv Shops. Offices. ,. Painting and Decorating Shops. Photograph Galleries. Plumbing Shops. Post Offices. Printing Shops. Public Garages. Hecreation Bnildings and Structures. Restaurants. Roofing and Plastering Shops. Sales or Show Rooms. Sharpening or Grinding Shops. Stores and Shops for the conduct of a Retall Business. Shoe Repairing Shops. StlJ,dios. 'railor Shops employinG not more than five persons. Telenhone Exchanges. Tinsmithing Shops. -Ordinance No. 664- 27 28 46. Tire Repairing Shops. 47. Undertaking Establishments. '48. Unholstering Shops. Any buildinrr, primarily used for any of the above enumerated uses may have not more than forty per cent of the floor area devoted to industry or storage ~lrposes incidental to such nrimary uses; provided that not more than five employees shall be engaged at any time on the premi~es in any such incidental use. (2) Buildings on (,1ain Street. on I/Iendenhall ~')treet, or on the north side of Babcock Street or on any Avemle may be built to the street line. Buildinr;s on other Streets wi thin the l\'~ain Business District shall be so placed that there shall be a front yard having a depth of not less than 15 feet. A side yard on each side of each building having a depth of not less than 10 feet shall be provided for all buildings of frame wall or unprotected metal w~ll construction permitted under the Building Ordinance. (3) In tI'le construction of any building in the business district sa tis factory facilities must be provided for loadinp; and unload- ing stocks of merchandise, etc., at the rear entrance. In the Business-Residential :District no building or structure shall be erected or materially altered, nor shall any building or premises be used except for one or more of the following 1),3 es: (1 ) ( 2) (3 ) permitted in liB" Hesidence District. Any use I"'f. 1& A . t t d' I'" '\',. '-. t j t -0 ;ff ,ny use nernn e In/LD.ll1 JUSlness DlS r'.c. r,,'\\% , ~ )0 ll' All buildinrc,s shall be so placed that the?:1e hall be a front yard, entirely unoccu.pied b~T any bl111ding r structpre or part thereof, having a depth of not less than feet and a side yard on the street side of corner lots, similarly unoccupied, of a depth not less than 10 feet. In addition to the foregoing requirements every building of frame wall, or of' unprotected metal wall construction shall have a side yard on each side having a depth of not less than 10 feet. I:NI)U;~trrnAL DISTHIC'r. 'rhe Indus trial Dls tri c t is creB. '~ed to provide a. Dis tri ct for use for any manufacture, process. or treatment whatsoever and no such use shall be excluded therefrom vlhich does not create or tend to create n nuisance and/or an undue hazard to life anel/or pronerty. It shall be the dut:T of the Director of Public Safety to determine it any use or proposed use does or will tend to create such a nuisance and/or hazard. Any applicant or any other interest person ffi<'lY appeal to the' Commission of the City of Bozeman from the decision of the Director of Public Safety as to any use or proposed use, and the COrrLmission shall finally decide the appeal after Pu~lic IIearing thereon. Provided reasonable notice of such hearing " \' has been given b-;'T sni table publication. No use permi tted in any residence district or business distr:lct 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 anproved as herein provided. SEC'I'IOH VII BOARD OF AD~TUS'l'T'.'I~Jj'l'. I;n;:;',:m~rtSIIIP; 1\1l::}~'l'INGS; APPEALS; ETG. Creat~ on and LTernbership. The Board of Adjus trnent is hereby au thori zed to be establislJed. 'l'he word TlBoardll when used in tt~is section shall IJe construed to mean the Board of Ad,ius tment. 'fhe said Board shall consis t of fi va (5) members appointed by tb.e ::la"Tcr and subject to confirmation of the City Conuni:Jsion. Each of -Ordinance No. 664- I 1 I I 1 I 29 said members shall be appointed to hold office for a period of three (3) '~tears and until his successor is appointed and qualified. Any vacancy shall be fillecL by ap- pointment by the Mayor, subject to confirmation b;v- the Ci ty Cor.unission, and sl~lall be for the unexpired term of the retired member. All of the members of said Board shall serve without compensation, and they shall not be ,~ubJect to removal by e1 ther tlJe i\'Iayor or the City Connnission V'litho~lt cause, (writton charn.;es and public hearIng beinc~ requJ,red) . Meetings: Lleetings of the Board shall be held at the call of the Chairman and at slwh other times as the Board may determine. Such Chairman orin his absence the act- ing Chairman may adm:Lnister oaths and compel the att'-ndance of witnesses. All meetings of the Board shall be open to the public. 'l'he Board shall adont its OVln rules of pro- cedure and keep a record of its nrocedures showin,c;' th~action of the Board and the vote of' each member, unon each question considered, or if absent or fail:Lnc; to'vote indicat- inc SUCll fact. Appeal: Appeal from the ruline;s of the BuildinG Inspector concernin?: the enforce- ment of' the provisions of this ordinance may be made to the Board of' Acl'-;-l.~s tment w:i. thin such time as shall be prescribed by the Board by General rule. The appellant shall f11e with the Bui,lding Inspector and wi th the Board of Adjus traent a notice of Appeal specifying the grounds thereof. The Buildinp; Inspec tor shall fortll.wi th transmit to the Board all of the papers consti tlJtlng the record unon which the action apnealed from vms taken. An anneal stays all proceedings in ~lrtherance of action annealed from unless the officer from ~lom the appeal is taketicertified to the Board of Adjustment after the notice of appeal shall have been filed with him that ~y reason of f~cts stated in the certificate a stay wou.ld in his onin:ton cause innnihent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by theBoard of Adjustment or by a Court of Record on application or notice to the officer from whom the apneal is tal:on and on d'1e\cause shown. SECTION VIII -- JU.lUSDICTION (1) 'l'be Board shall, upon application, review the action~of the Buildint; In- spector in order to determine whether they are in accordance with the provisions of this ordinance, and in case of disagreement the decision of the Board s}'all supersede tha t of the Building Inspector. 'Ehe concurring vote of four (4) munbers of the Board sball be necessary to reverse any order, requirement, decision or to decide in favor .. ,'.," of the aDnlic8.nt on any matter upon which it is required to pass under this ordinance or to effect any variations in this ordinance. 'l'11e ~'oardbf Ad.ius tmGnt shall have the followinG power: (2) 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 excentions to the terms of this Ordinance. (c) To a'uthorize upon anpeal :i.n specific cases sl.lch variance from the terms of this ordlnance as will not be contrary to the public interest, where, owing to special conditions, a literal enforce- ment of the provisj,ons of thl.s ordinl'tnce will reS1Jl t in unneces- sary hardship, and so thnt the spirit of this ordinance shall be observed and substantIal justice done. *-Ordinance No. 664-* 30 In exercising the above mentioned power, such boardmay in conform.i ty wi th the provisions of this ordinance reverse or affirm wholly or partly or modify the order, requirement, decision or cetermination appealed from and D1'3.y mal:e such order, reqll:Lrement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appoal is taken. (2) The Board shall have t:rl0 power to recommend to the Ci ty Commission ~3Uch chanp;es in the district boundaries or rec;u,lations as it may deem necessary or desir- able, as more oarticvlarly set forth in Section IX of this Ordinance. (3) ri'he T?,oard may from time to tirne aCioot such rlJ,les and regulations as may be deemed necessary to carry into effect the provisions of this .ordinance. (4) 'l'11e Board shall recommend to the 01 ty Oonuniss:l,on tJ18 use, height, and area distric ts in which each part of any annexation to the Ci t\' of Bozer;lan shall be placed. SECTION IX - - CIIANGT';S AIm AMENDMEN'l'S. The Board of Adjustment shall of i [,S ovm motion, or upon l.loti tion signed by one or more property Oivners of any district or' portion tllereof, or upon instrlJC- tion froM the City COTrrrnission, C&1::t.se to be prepared a notice :lndicatinr; the changes proposed to be made in the regulat:lons or in the district boundary lines, describing the boundl1ries of the territory to be affected. Such notice shall state the time and place of a public hearing for cons:i. dera t:ton of such proposed amend- ment, supnlement or change, and Ute place where maps of the proposed amendment, supplement or change will be accessible for examination by interested parties. Notice of 81.1.ch public hearing shall be published cctD..east fifteen (15) days in advance thereof in at least one daily newspaper of r;eneral circulation in the City of Bozeman, also pole notices shall 1)8 placed upon two or more Doles in said district to be changed or affected.' Such hearing may be adjourned from time to time. vifter such public hearing the Board of Appoals shall report to the C:lty Connnission on tho nroposec1 amend~ent, supnlement, or chanr:o, and may cause an or- dinance :::rllthoriz:lng such proposed amendment, supplement or change to be presented to the City Commission of theCity of Bozeman but the same shall not be offered for pas- sage until after ten (10) days from and after the elate it is so presented to the City Commission unless the said ordinance at the t:l.me it is so presented shall be accom- panied by a communication from the said Board of Ad;iustment, advising that all of the owners of thefrontag,e proposed to be 8.1 tered; the owners of the frontage immed:ta tely adjoining in the same block; the owners of the fronta~8in the .block back of or across the alley therefrom; and the owners of the frontage directly opnosite the frontage proposed to be altered, have filed with said Board of Adjustment their written con- sent to such amendment, in which case the said amendment may be presented for passage at any regular meet:i.nf~ of the City Commissio~subsequent to the date of its presenta- tion or at tho same meeting at which it was presented by unanimous 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. Vmenever under the terms of this ordinance any propocJed amcndment shall be required to layover for ten '( 10) days after it is -Ordinance No. 664- I 1 I I 1 -I presented and a written protest against such proposed a<endment, supplement or change, signed by the owners of tVlenty (20) per cent of the frontage proposed to be altered, or b;." the owners of twenty (20) percent of thefrontage lmmedia tely adj oining in the same block or in the block back of or across the alley therefrom, or by the owners of twenty (20) percent of the frontage directly opposite the frontQse proposed to be altered, shall have been filed with the Clerk of the Cmmnission of the City of Bozeman within ten (10) days ai'ter the said ordinance is so presented, the ordinance providing, fo.r such proposed amendment, supplement or chanGe shall ;'not be passed except- by, the favorable vote of two-thirds of the members of the City Commission. SECTION X COMPLE'l'IOH OF BUILDINGS UNDER EXIS'rIHG p:::rn.IITS. Nothing herein contained shall require any change in the plans, constn,-ction or designated use of a building for which a building, permit has been heretofore issued, or complete Dlans for wh:i.ch are on file with the Buildinrr, I",spector at the time of the passage of this ordinance, and a permit 1'0.1' tI1.e erection of Wll:lch is :lSSlled wi thin one month of the pa~lsage of this ordinance, and the construction of wh:1,ch, in ei ther case, shall have been diligently prosecuted within six months of the date of such permit, and which entire building shall have been completed accord:i.m~ to plans as filed within one year from the date of the passage of this Ordina~ce. SEcrrION XI -- VIOLATION, PENALTY, ENFOHCETJ[EITT. Any person, firm or cornoration who violates, disobeys, omits, ne~lects, or re- fused to comply with, or who resists the enforcement of, any of the pro'Tisions of this ordirance shall, upon conviction be fined not less than ten dollars ($10.00) nor more than one hundred dollars (;$100.00) for each offense and each day that a violation shall continue shall constitute a separate offense. SECTION XII -- VALIDITY OP OHDINANCE. All ordinances or parts of ordinances in conflict herewith are hereby repealed, but if any section, paragranh, subdivision, clause or nrovision of this ordirance shall be invalid, such invalidi ty shall anply only to the section, ~;aragraph, sub- di vision, clause or provision so invalid, and the romainder of this orcUnance shall be valid and effective. SECTION XIII -- REPEAL. Ordinance No. 661 of the City of Bozeman is hereby repealed. SEC'l'rON XIV. -- EFFECTIVE DATE. This ordinance shall be in full force and effect from and after thirty days after its adoption. Passed and adopted by the Commission of tho City of Bozenan this 29th day of November, '1935. "- ATTEST: ;j {~~ L'iayor. -Ordinance No.' 664- 31 ,32 I, Carolyn Westlake, C1orl,: of the Connnission of the City of Bozeman, herel)y certify that the foregoing Ordinance No. 664 was published by title in the Bozeman Daily Chroncile, a daily newspaper of fi',cneral circulation, printed and pub- lished :in said City of Bozeman, in the issue of December 1, 1935, and that due proof of said publication was made and filed in my office. IN I'JI'rNESS VJHEHEOF I hereunto set my hand and affix the seal of my office thi~2nd day of December, 1935. '- / .r -fiii;/;/A ~~ erlr 0 the ommission I ,... ...... ~ .. -Ordinance No. 664- .. I 1 I "